Public Policy BITS Pilani, K K Birla Goa Campus Nature, Scope and Significance of Public Policy R K Sapru (2012) could be used as a reference material for this chapter What is Public? Public as opposed to Private What is Policy? • An authoritative decision • A declaration of goal • A declaration of course of action Some examples of Public Policies from India A policy is devised generally to solve people’s problem, its an authoratative decision with declaration of goal and a declaration of course of action Nature of Public Policy • In this course we focus on the Policy Sciences perspective on Public Policy • And view Public Policy Science as a tool to mitigate people’s problems Key Elements of Policy Sciences • Focus on problem ‘Problem Orientation’ • Explicitly normative (concerns with ethics and values) • Multi-disciplinary Production of Knowledge in Natural Sciences (Positive) The scientific method has four key basic steps: - Observe - Hypothesize (Null hypothesis) - Test - Repeat step 1 Basic Science Case-study 1 – Queen wasp Policy Relevant Science Case-study 2 – Water contamination due to fertilizer application Production of Knowledge in Social Sciences Production of knowledge in social sciences involve the following steps: - Observe - Hypothesize (Null Hypothesis) - Collect data - Test the Null hypothesis - Repeat step 1 (increases the observed data) Larger uncertainty Production of knowledge in complex (Nature-Human) systems Source: IPCC, 2013; Physical Science Basis The Art and Science of Public Policy (Positive and Normative) - Contexual and Problem orientation Value Ideology Interests The problem orientation • What is problem • Public policy a tool to solve the problems of Politics • Example of problem identification – Indian context What is Value? In context of Public Policy • Refers to the questions of how things should be? • Largely centres around ‘Democratic Values’ and ‘Human Dignity’ • Examples of Value and how these are indispensable to public policy • Values of the Indian state – Constitution (esp in the Preamble and the directive principles) Preamble We, the People of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure to all its citizens; Justice, social, economic, political; Liberty of thought, expression, belief, faith and worship; Equality of status and opportunity; and to promote among them all; Fraternity, assuring the dignity of the individual and the unity and integrity of the nation. Directive Principles as listed in the constitution Ideology • Ideology refers to ‘a set of beliefs or principles, especially one on which a political system, or organization is based’. Ex- capitalists and socialist ideology • How is Ideology different from Values Indira Gandhi as the pioneer of environmental policies in the world BITS Pilani, K K Birla Goa Campus India forests – 100 years 95 90 85 80 75 70 65 60 55 50 45 Mha 1880 1950 1970 2005 2010 Source: Tian et al 2014, Reddy et al 2018 BITS Pilani, K K Birla Goa Campus On Environment and Climate Change all major political institutions are at one page One value but different ideologies BITS Pilani, K K Birla Goa Campus Source: Chaturvedi, 2018 BITS Pilani, K K Birla Goa Campus Interests & Interest groups • • • • Benfits/losses Who is at risk? Who gains? What is at stake The Policy Process • Identification of objectives • Learnings from Natural, Social and Complex sciences • Specification of alternatives • Recommending policy actions • Implementation of the policy • Monitoring policy outcomes • Evaluating policy Performance Example: Climate Policy; Ozone hole Value Ideology Interests (who is at risk?/ what is on stake?) The Policy Process Natural sciences Social Sciences Integrated sciences Identification of objectives Restructuring of objectives Elaborate with the example of Ujjawala & General Category reservation Authority for decision making Policy outcomes Public Administration Course of action Monitoring NITI Ayog Specification of Alternatives Goal Declared Evaluation Values Implementation Executive Evaluating Policy alternatives Legislature Policy selection/ recommendation Judiciary/ Judicial scrutiny Finance Commissio Specification of Alternatives The Policy Process – Forecasting different alternatives • Systems analysis – (Ex-IESS tool 2047) • Economic Forecasting • Modelling and Simulations (Equilibrium/ Dynamics) • Information and Data Management System (Ex-GIS), Meghalaya State CaseStudy, an Experimental drought monitor (advanced application of satellite data) Systems analysis tool Economic modelling Economic modelling General Equilibrium models Partial Equilibrium models Econometric Analysis and Forecasting • Simple Linear Regression • Multiple Linear Regression Architecture of a simple General Equilibrium model Partial Equilibrium Economic Model NDVI analysis (2000-2016) of Disturbed and Intact Forests Figure 1. Map showing the distribution of National parks (NP), Wildlife sanctuaries (WLS) and Reserved forests (RF) in Meghalaya (1. Dribru hills RF, 2. Tura peak RF, 3. Chima Bangshi RF, 4.Dhima RF, 5. Rajasimla RF, 6. Iidek RF, 7. Songsak RF, 8. Darugiri RF, 9. Dambu RF, 10. Rongrengiri RF, 11. Siju WLS/RF, 12. Emanggiri RF, 13. Angratoli RF, 14. Baghmara WLS/RF, 15. Rait Khawn RF, 16. Shyrwat RF, 17. Upper Shillong RF, 18. Rait Laban RF, 19. Nongkhyllem WLS/ RF, 20. Umsaw RF, 21. Saipung RF, 22. Saipung RF, 23 Road network – with 100 ft buffer around the line Source: NESAC, via MBDA Settlements – with 500 m buffer around the points Source: NESAC, via MBDA Area under shifting cultivation Source: NESAC, via MBDA Combined disturbed area – under roads, settlements and shifting cultivation Satellite data based Experimental Drought monitor https://sites.google.com/a/iitgn.ac.in/india_drought_monitor/home Access this website to learn about the India Drought Monitor Planning Commission & NITI AYOG Role of Planning Commission • Make an assessment of the material capital and human resources of the country and to suggest ways of augmenting them; • Formulate a plan for the most effective and balanced utilization of the country’s resources; • Determine priorities of the plan and to allocate resources to different sectors of the plan; • Remove factors retarding economic growth in the current sociopolitical scenario of the country; • Build up machinery for the successful implementation of the plan ; • Appraise progress achieved in the execution of plan from time to time and to bring about necessary adjustment in policy and thrusts of the plan; • Make necessary changes in both policy and implementation of the plan in accordance with the advice or recommendation received from the central or the State Governments. NDC The Planning Commission as originally constituted was but an arm of government of India. The state governments had no participation in it or had no role to play in the planning process. To remove these defects The National Development Council ( NDC) was created in 1952. The National Development Council was to consist of the Prime Minister as its chairman, the Chief Ministers of all the states and union territories and the members of the commission. The National Development Council was conceived as a super planning body. It acts as a forum in which the Prime Minister. Union Ministers, the Chief Ministers of states and members of the Planning Commission interact at all stages of planning. Plans are formulated by the Planning Commission and approved the National Development Council before they are presented to the Parliament and the state legislatures. In this way plans formulated by the planning commission received a national character. • Structure of Planning Commission • Structure of NITI Ayog • Functions, powers of PC and Functions and powers of NITI • Legacy of PC – most important achievements • Most important achievements of NITI • Future prospects of NITI Ayog Differences/ Similarities between NITI Ayog and Planning Commission •Genesis - Cabinet resolution (what is the basic idea, need for separate body to focus on Public Policy, instead of Pub Admin) •Structure - Planning Commission + NDC < NITI Ayog (NDC integrated) •Five year plans Vs three year Action Agenda (from 2017 onwards/ seven year strategy/ 15 year vision document •Powers to allocate resources- NITI will be aligned to Finance Commission recommendations Planning Commission Factors that led to decline of Planning Commission • • • • • • • • • Collision with Finance Commission (Gadgil formula) Collision with Finance Ministry Lack of consititutional and legal sanctity Globalization, Liberalization and Privatization Focus on theoretical tools, which were wrong on ground Faulty budgeting Collision with annual budget Plan-non plan distinction Inconvenience to states How is Planning Commission doing in other countries? • Russia’s Gosplan sacked in 1991 • China’s Planning Commission gave way to NDRC in 1998 • Problems with NDRC Question? Neoliberalism has conned us into fighting climate change as individuals – Critically examine this statement BITS Pilani, K K Birla Goa Campus Can Planning Commission bounce back again in India? Key features of 12th FY Plan NITI Ayog’s 3 year Action Agenda Doubling Farmer’s income by 2022 • land-leasing agreements (NITI Ayog land leasing law) • Agricultural Insurance interventions • 10 pilot projects in NITI (Aayog) to try to demonstrate that doubling of farmer’s income by 2022 is possible (“precision agriculture” using AI in 10 districts to be selected from seven states: Assam, Bihar, Jharkhand, Madhya Pradesh, Maharashtra, Rajasthan, and Uttar Pradesh) • NITI Aayog signed an agreement with software firm IBM to develop a model for crop-yield predictions using AI so that farmers can be provided real-time advisories in these states. Employment generation • NITI Aayog is also planning to release the first household survey-based employment data • Payroll data unit in NITI Aayog, and we will create a big data analytics unit Niti Ayog’s first three year action agenda • Broad Macro-economics aligned to FC recommendations (expediture/ receipts), plus forecasts for next three years, 7 years, 15 years • Example of recommendations: Forest sector – suggestions in wood products; landleasing agreements (NITI Ayog land leasing law); GIS based tracking of assets created under MGNREGA; Updating of SECC database; suggestion on afforestation app NITI Ayog’s role in policy implementation and monitoring “I am hoping that on the 9th of this month, a document will be placed in Parliament which will be the most detailed performance-based outcome Budget document that you would ever see. NITI Aayog has been working on it for six months and we have created a 740 items, line-by-line outcome-based document which every ministry will have to follow. Each line has an outcome target mentioned there,” said Kumar at the Express Adda on Tuesday. NITI Ayog: Source of Statistics - http://niti.gov.in/state-statistics (States) - http://niti.gov.in/best-practices/districtwise-statistics (District) - National Level (http://niti.gov.in/content/national-statistics) NITI Ayog’s role in implementation of SDGs http://niti.gov.in/writereaddata/files/SDGs%20V22-Mapping_August%202017.pdf NITI Ayog’s Draft Energy Policy NITI Ayog’s Health Policy document The Policy Process Identification of objectives Specification of Alternatives Restructuring of objectives Evaluating Policy alternatives Evaluation Decision theory Policy selection/ recommendation Policy outcomes Monitoring Implementation Pillars of governance - Legislature - Executive - Judiciary BITS Pilani, K K Birla Goa Campus Legislative powers of centre and states Centre list ~ 100 subjects – ex- UN bodies, international, defence etc State list ~ 60 subjects – Sanitation, agriculture, fisheries etc Concurrent list ~ 50 items – forests, wildlife, family planning etc BITS Pilani, K K Birla Goa Campus Parliament and state assemblies - Bicarmel system in the parliament - Upper house, Lower house - Rule book for constitution, officials and operations for Parliament are provided in the Article 79 – 122 Tamil Nadu has a total population of 6 crore it sends a total of 39 MPs, West Bengal has 9 crore population but it sends only 40 MPs – can you explain why? BITS Pilani, K K Birla Goa Campus Are there other institutions in India that could legislate? Who else have the legislative powers, and under what conditions? President - Ordinance BITS Pilani, K K Birla Goa Campus Is the Bicameral system relevant for today’s India? Examine the demand to remove Rajya Sabha over its continued delay in passing bills. BITS Pilani, K K Birla Goa Campus Does legislatures take input from scientists, and social scientists? BITS Pilani, K K Birla Goa Campus Decision making - Choices BITS Pilani, K K Birla Goa Campus Rational method of decision making The rational decision-making process involves careful, methodical steps. The more carefully and strictly these steps are followed, the more rational the process is Rational choice in Economics and sociology BITS Pilani, K K Birla Goa Campus Decision making - Choices - Decision making under certainty (ex-Linear Programming) – focus on optimality - Decision making under uncertainty (Robust Decision making (RDM) – focus on robustness than optimality BITS Pilani, K K Birla Goa Campus Linear Programming as a decision tool • Linear Programming is a technique for making decisions under certainty; when all the options available are known and objectives and its constraints are quantified. • That course of action is chosen out of all possible alternatives which yields the optimal results. • Linear Programming can also be used as a verification and checking mechanism to ascertain the accuracy and the reliability of the decisions which are taken solely on the basis of decisionmaker's experience- without the aid of a mathematical model Test- Examine the limitations of Linear Progamming in Public Policy Applications A Robust Decision making Framework for Climate Change Risk Management IPCC, 2014 Meghalaya govt. has limited resources and which forest areas require resource allocation on priority basis so as to maximize resilience to climate change Robust or no regret policy recommendations for the Meghalaya Govt. Steps for the vulnerability assessment & Collect Indicator Data Collection of Indicator Data 1. Current: Satellite Data (MODIS) – 2000-2016 2. Current: Field Study – 182 plots across Meghalaya at 84 locations 3. Future: Climate Impact Modeling Field Study locations Inherent Vulnerability Index for the forests of Meghalaya Limitation of Purely Rational Decision making Approach - The process can be time-consuming and costly. - Lack of adequate data and tools and many instances The decision maker takes the analysis as a guide but makes his own decisions Human factors, emotions, values etc; Ex-situation of projects in some specific areas, own constituency Simon’s Bounded Rationality This concept revolves on a recognition that human knowledge and capabilities are limited and imperfect. Three specific limitations are generally enumerated: 1. Decision makers do not have access to all possible information relevant to the decision, and the information they do have is often flawed and imperfect (DATA). 2. Decision makers have limited analytical and computational abilities. They are not capable of judging their information and alternatives perfectly. They will inevitably make misjudgments in the evaluation process (TOOLS). 3. Decision makers do not have unlimited time to make decisions. Real-life situations provide time constraints in which decisions must be made (TIME). I am not looking for the sharpest needle, but a needle sharp enough to sew clothes; optimal vs adequate Heuristics in decision-making - Simple, efficient rules which people often use to form judgments and make decisions - These rules work well under most circumstances, - but may lead to systematic deviations from logic, and rational choice theory. - The resulting errors are called "cognitive biases” (subjective social reality) – concept of mental maps. Development Vs Sustainability? Policy Briefs: As a tool for policy advocacy or objectively informing policy makers A policy brief is a concise summary of a particular issue, the policy options to deal with it, and some recommendations on the best option. What should a policy brief comprise of? Headline summary in 3-4 bullet points - Identification of problem/(s) - Identification of objectives - Specification of Alternatives - Identification of optimal/ robust (under uncertainty) alternative - Policy recommendation (novel) Links: https://www.res earchgate.net/ publication/324 861034_Cobenefits_of_po wer_sector_de carbonisation_f or_air_quality_ and_human_h ealth_in_India Political Context (which is often silent) • Tug of war on deployment of renewables Problem identification • Among air-pollutants, PM2.5 is most harmful to human health. Mean annual PM2.5 concentration in India has increased by 54% in the previous two decades, from 30 μg/m3 in 1990 to 47 μg/m3 in 2013 (World Bank and HME, 2016), forcing a large disease and mortality burden on Indians • While all other major economies have been able to reverse air pollution, In India it is still rapidly rising • Power sector contributes to 15%, 30% and 50% of PM, NOx and SOx emissions in India Objectives • To identify a robust strategy to mitigate air pollution and health risks from the Indian power sector Specification of Alternatives Chaturvedi et al 2018 Specification of Alternatives Identification of optimal/ robust (under uncertainty) alternative Recommendations • We conclude that implementation and compliance of stringent pollution control norms is vital for reducing pollution and associated health risks. However, while full emission control and suitable implementation and compliance mechanisms evolve, decarbonisation and a shift to renewables could play a significant role in reducing air pollution and associated health risks in India in the next decade. The executive: Its role in policy formulation and implementation • The President (Art. 52-72, Election, impeachment, powers) • Council of Ministers (Cabinet [Cabinet Secretariat], State and Deputy Ministers), headed by PM (PM’s Secretariat, renamed as PMO) – Art 75-76 (centre); Art 163-164 States • Bureaucracy: Implementers but have growing power in policy formulation as well The executive The Executive is the branch of Government accountable for the implementation of laws and policies legislated by the legislature The Union Govt. The President The Council of Ministers Cabinet The Cabinet Secretariat The PM Other Ministers The PMO/ PM’s Secretariat Policy Implementation Policies Programmes Projects Policy Implementation approaches Examples from centre • Top down: Ujjawala • Bottom up: Doubling farmers’ income by 2022 (compared to 2014) National Action Plan on Climate Change • NABARD Adaptation fund: https://www.nabard.org/content.aspx?id=5 85 Examples from the state • Bihar’s Hariyali Mission Tools for tracking the implementation of Bihar’s Hariyali Mission https://forestonline.bih.nic.in/ePublicPlantati on/Home.aspx 2011 2015 Naya Raipur • Naya Raipur: https://www.youtube.com/watch?v=4UXli2 oy2I8 Local level governance • https://rural.nic.in/sites/default/files/DO_lett erfromSPR_toChiefSecretary_with_revise dAnnexure_English_06042018.pdf (Village Panchayat) Are 100% EV (new sale) feasible/ implementable by 2030? • Price difference (7 Lakh INR ~ 5 Lakh INR) • Subsidy of about 1.4 Lakh • Operating cost (0.6 INR/Km to 5.6 INR/Km) CC, Air-Pollution, Forex reserves, a buyer sector for India’s surplus electricity supply, Source: The Anthropocene Magazine, 2018 BITS Pilani, K K Birla Goa Campus BITS Pilani, K K Birla Goa Campus Battery constitutes 40% of the total cost Status of Project Programme implementation in India/ Data sources • http://mospi.nic.in/about-ministry-0 • http://mospi.nic.in/result-framework-documents • State-wise project summaries: http://www.cspm.gov.in/english/project.html • http://mospi.nic.in/sites/default/files/publication_reports/mospi _monthly_major_achievement_may18.pdf • Statistical Year book: http://www.mospi.nic.in/statistical-yearbook-india/2015 Revenue Sharing between Centre and States centre-state relations and revenues sharing; controversies surrounding the ToR of the 15th Finance Commission Source of Centre’s income; and its expenditure Source of Centre’s revenue: https://www.indiabudget.gov.in/ub201819/bag/bag5.pdf Centre’s Total Expenditure: https://www.indiabudget.gov.in/ub201819/bag/bag6.pdf Source of State’s income • http://www.prsindia.org/uploads/media/Stat e%20Budget%20201819/Karnataka%20Budget%20Analysis%20 2018-19.pdf • Transfer of centre’s revenue to states: https://www.indiabudget.gov.in/ub201819/bag/bag3.pdf Source of income for local bodies (Village and Urban bodies) • Centre’s Total Expenditure: https://www.indiabudget.gov.in/ub201819/bag/bag6.pdf • Plus urban bodies have their own revenue streams Finance Commission http://fincomindia.nic.in/ShowContentOne.as px?id=17&Section=1 Vertical Distribution & Horizontal Distribution Vertical and Horizontal Distribution Union Govt Horizontal Distribution Vertical Distribution State 1 State 2 State 3 State 4 State … Finance Commission XIII FC XIV FC XIII FC XIV FC Details of the 14th Finance Commission • http://fincomindia.nic.in/ShowPDFContent. aspx Terms of Reference for the 15th Finance Commission • http://fincomindia.nic.in/ShowPDFContent. aspx Controversies: Commission – 1) mention of 2011 population level 2) Population replacement level 3) Trying to bring back the 42% to 32% Omission 1) Forest criteria missing! Nature of controversy: Is it a South Vs North controversy.. Clearly No Controversy around the ToR of Finance Commission 15 • Reverting back unconditional (not earmarked to any set expense) devolution to 32% from the current 42% (which was done in the FC 14) • As Gujarat CM Modi wanted this to increase to 50% • Basing allocation revenue based on 2011 census, instead of so far prevalent 1971 census (UPA too did it in case of FC 14 ToR) – there is no south-north divide on this Total Fertility Rate in the 15th FC The ToR asks 15th FC to look at ways to incentivise states for “efforts and progress made in moving towards replacement rate of population growth”. Replacement level needs a total fertility rate (TFR) of 2.1. As many as 18 of 29 states have TFR of 2.1 or below, with two more states likely to join this list soon. Most states, therefore, will be ineligible for incentives as they have passed the point of “progress”. All India average = 2.4 Missing Forest Sector in 15th FC Forest cover in different states of India Policy Brief - Missing Forest Sector in the FC 15! • FC 14 provided 7% weight to existing forest on he basis of the consideration of opportunity cost • Even FC 13 sanctioned forest Grants of Rs. 5000 Crores five years starting from the year 2010-11 • There is no mention of forests in the FC ToR • Proposal – Link to additional area brought under tree or forest cover; in addition to forest cover • Context: Paris Goal (INDC); BONN Challenge India’s international obligations under the forest sector • Goal 1: Additional carbon sink of 2.5 to 3 billion tonnes of CO2 by 2030 from forests and trees (NDC) (Unconditional) • Goal 2: As part of Bonn Challenge India committed to 21 million hectare of land restoration (by 2030 compared to 2014) Forest Conservation Act, 1980 Joint Forest Management 1990 Chaturvedi et al 2010, in Carbon Management Baseline 1.1 Mha Areas undergoing desertification in India; find Desertification ATLAS here: https://www.sac.gov.in/SACSITE/Desertification_Atlas_2016_SAC_ISRO.pdf Full paper could be found here: http://eprints.lse.ac.uk/51065/ Chaturvedi et al 2012 New Chapter on Role of Judiciary Structure of Judiciary in India - Law Commission - Tribunals (NGT) High courts • In the original Constitution the High Courts were given powers of judging the validity of the Central and the State laws. But the 42nd Amendment of the Constitution took away the powers of the High Courts to determine the validity of the central laws and put various conditions on their powers of judging the validity of the State laws. However, the 43rd Constitutional (Amendment) Act, 1978 has restored these powers to the High Courts. Judicial Review (Article 13) • All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. • The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. Very good article on Judicial Review: http://www.mondaq.com/india/x/20649/Constitutional+Administrative+Law/Judicial+Rev iew+in+India Judicial Review (Article 13) • In this article, unless the context otherwise required, – "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; – "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. • Nothing in this article shall apply to any amendment of this Constitution made under article 368. - Article 31B created Ninth Schedule to the constitution, items inserted in this schedule could not be challenged in court for being inconsistent with the Fundamental Rights - Distinction between ordinary law and constituent law, the net result was that constitutional amendments can not be questioned in the courts • Golaknath and State of Punjab: U-turn, no distinction beween ordinary law and constitutent law; • The courts ruled that Fundamental Rights are so sacrosanct and transcendental that even an unamimour vote of all MPs is not sufficient to weaken or undermine them, • But landlords got to respite, right to property no longer fundamental right, this will apply in prospective • Then came 24th amendment, insertion of Art 13 (4) – again made sure that courts can not touch constitutional amendments • Keshavanand –all amendments enacted after Keshavanand has to pass through the filter of ‘basic structure filter’ created by the SC Can legislation/ executive still nullify judicial judgement • Government of the day can modify any judgment of the Supreme Court by enacting a Law/Ordinance by exercising the powers under Article 368of the Constitution. However, the exception to this power is that Parliament or Legislature cannot alter the ‘Basic Structure’ of the Constitution. Any issue or controversy falling outside the purview of Basic Structure Doctrine can be modified and amended by the Parliament. Judicial Review Judicial Review in its most widely accepted meaning is the power of the courts to consider the constitutionality of acts of organs of Government (the executive and legislature) and declare it unconstitutional or null and void if it violates or is inconsistent with the basic principles of the Constitution Golden Triangle of Fundamental Rights • 14 (Equality before law), • 19 (Protection of certain rights regarding freedom of speech, etc), • 21 (Life & Liberty) Presentation topics • First Greenfield city Naya Raipur/ Sustainable cities – future of India • India’s policy on Electric Vehicles • Second and Third generation fundamental rights and courts’ dilemma • Ujjawala scheme • Demonstrate an application and critique of IESS 2047 tool of NITI AYOG • Implementation of Sustainable Development goals • Elaborate key Centre Vs State Public policy • NITI Ayog Vs Planning Commission • Role and Responsibilities of Finance Commission of India • Doubling of Farmer’s income by 2022 • Installing 175 GW of Renewables by 2022 – is this feasible? Olga Tellus – second generation fundamental rights Second generation of human rights • Secondary rights would include a right to be employed in just and favorable condition, rights to food, housing and health care, as well as social security and unemployment benefits. 2002 insert of Right to Education as a Fundamental Right • Right to Information • Right to Education • Right to Privacy Rulings on Right to Privacy Vs Right to Information Third generation of human rights • • • • • • Group and collective rights Right to self-determination Right to economic and social development Right to a healthy environment Right to natural resources Right to communicate and communication rights • Right to participation in cultural heritage • Rights to intergenerational equity and sustainability Third generation fundamental rights • The grant or withdrawal of permanent or temporary licenses to sell firecrackers is actually an executive act but owing to it coming in the way of realising what the Supreme Court says the ‘human right to breathe clean air’ the court gets the authority to intervene • NGT NGT – 3rd generation fundamental right • National Green Tribunal Act, 2010: (NGT) is an Act of the Parliament of India which enables creation of a special tribunal to handle the expeditious disposal of the cases pertaining to environmental issues. It draws inspiration from the India's constitutional provision of Article 21, which assures the citizens of India the right to a healthy environment. NGT • This court can rightly be called ‘special’ because India is the third country following Australia and New Zealand to have such a system. • This is the first body of its kind that is required by its parent statute to apply the "polluter pays" principle and the principle of sustainable development. Lanmark NGT verdicts • Save Mon Region Federation and Ors. vs. Union of India and Ors: Victory for Birds, Massive Hydro Power Project Loses (Arunachal) • Samit Mehta vs. Union of India and Ors: In this case ‘Polluter Pays’ principle invoked (Mumbai Oil spill) • Almitra H. Patel & Ors. vs. Union of India and Ors: Complete prohibition on open burning of waste on lands (2014) Some of the examples of how Judiciary positioned itself in relation to public policy • Generally did not interfere unless absolutely necessary In Narmada Bachao Andolan v. Union of India, there was a challenge to the validity of the establishment of a large dam It was held by the majority that: It is now well settled that the courts, in the exercise of their jurisdiction, will not transgress into the field of policy decision. Whether to have an infrastructural project or not and what is the type of project to be undertaken and how it has to be executed, are part of policy-making process and the courts are ill-equipped to adjudicate on a policy decision so undertaken. The court, no doubt, has a duty to see that in the undertaking of a decision, no law is violated and people’s fundamental rights are not transgressed upon except to the extent permissible under the Constitution… Case of Demonitization • Is the due process followed? • Is there any better way to doing it? • What are the reliefs required for general public? Case of Subrahmaniam Swamy – 2G and Sethusamudram – yes SC took decision on economic policy In 2G Spectrum Allocation case, it took brilliant economist and litigant par excellence Dr. Subramanian Swamy to get all of them cancelled as that policy decision was arbitrary and then get it done by the better policy and that policy was auction. It was in more public interest to auction the spectrum and SC had taken the clock as back as 1991 to ensure that. He was successful in doing the same with the Setu Samudram Project too. Sethusamudram project • The court by an interim order in 2007 had stayed dredging of Ram Sethu or Adam’s Bridge on petitioners’ (Swamy) plea that it had immense religious value for Hindus Court constituted rules in Vishakha case • Read about Vishakha case and Vishakha guidelines framed by court and later adopted by Parliament Vishakha Guidelines, 1997 POSH Act, 2013 Law commission The Policy Process Identification of objectives Specification of Alternatives Restructuring of objectives Evaluating Policy alternatives Evaluation Decision theory Policy selection/ recommendation Policy outcomes Monitoring Implementation Implementation Policies Programmes Projects Status of Project Programme implementation in India/ Data sources • http://mospi.nic.in/about-ministry-0 • Achievements: http://mospi.nic.in/majorinitiativesachievements-1 • http://mospi.nic.in/sites/default/files/publication_reports/QPR %20of%20TPP.pdf • http://mospi.nic.in/result-framework-documents • State-wise project summaries: http://www.cspm.gov.in/english/project.html • http://mospi.nic.in/sites/default/files/publication_reports/mospi _monthly_major_achievement_may18.pdf • Statistical Year book: http://www.mospi.nic.in/statistical-yearbook-india/2015 Policy Implementation approaches Examples from centre • Top down: Ujjawala • Bottom up: Doubling farmers’ income by 2022 (compared to 2014) Naya Raipur • Naya Raipur: https://www.youtube.com/watch?v=4UXli2 oy2I8 Are 100% EV (new sale) feasible/ implementable by 2030? • Price difference (7 Lakh INR ~ 5 Lakh INR) • Subsidy of about 1.4 Lakh • Operating cost (0.6 INR/Km to 5.6 INR/Km) CC, Air-Pollution, Forex reserves, a buyer sector for India’s surplus electricity supply, Source: The Anthropocene Magazine, 2018 BITS Pilani, K K Birla Goa Campus BITS Pilani, K K Birla Goa Campus Battery constitutes 40% of the total cost National Action Plan on Climate Change • NABARD Adaptation fund: https://www.nabard.org/content.aspx?id=5 85 Examples from the state • Bihar’s Hariyali Mission Tools for tracking the implementation of Bihar’s Hariyali Mission https://forestonline.bih.nic.in/ePublicPlantati on/Home.aspx 2011 2015 Local level governance • https://rural.nic.in/sites/default/files/DO_lett erfromSPR_toChiefSecretary_with_revise dAnnexure_English_06042018.pdf (Village Panchayat) Public Policy BITS Pilani, K K Birla Goa Campus The Policy Process Natural sciences Social Sciences Integrated sciences Identification of objectives Restructuring of objectives Elaborate with the example of Ujjawala & General Category reservation Authority for decision making Policy outcomes Public Administration Course of action Monitoring NITI Ayog Specification of Alternatives Goal Declared Evaluation Values Implementation Executive Evaluating Policy alternatives Legislature Policy selection/ recommendation Judiciary/ Judicial scrutiny Finance Commissio Lothal Ashokan edicts • The PDF attached. Tolemy’s map Silk Route Map International organisations • Non-governmental Organisations • Business organisation • Intergovernmental Organization Intergovernmental Organization • • • • • • • • UN World Bank WTO IMF Interpol International Court of Justice FAO WHO United Nations Structure of the UN • General Assembly – each country one vote (193) • UN Secretariat • Security Council- 15 members, with five permanent members • International Court of Justice – 15 Judges for a period of Nine years Budget of the UN • UNGA – $5.7 Bn • Peace-Keeping - $7.3Bn Troop number ~90,000 (India accounts for 10%) India budget ~ $336Bn US budget ~ $4.148Trn Objectives of the UN • Peacekeeping and security: • Success – Korean war; Kuwait • Failures – Bangladesh genocide 1971, Sri Lanka, Combodia genocide 1974, Rawandan genocide 1994; • A study in 2005 found the UN to be successful in two out of three peacekeeping efforts. It compared efforts at nationbuilding by the UN to those of the United States, and found that seven out of eight UN cases are at peace, as compared with four out of eight US cases at peace Human Rights • In 1948, the General Assembly adopted a Universal Declaration of Human Rights • UNHRC – Case of Burundi Socio-Economic Development • MDG Vs SDG Millennium Development Goals • Eradicate extreme poverty and hunger (1) • Achieve universal primary education (2) • Promote gender equality and empower women (3) • Reduce child mortality (4) • Improve maternal health (5) • Combat HIV/AIDS, malaria, and other diseases (6) • Ensure environmental sustainability (7) • Develop a global partnership for development (8) GLOBAL MDG 1: The number of people living on less than $1.25 a day has been reduced from 1.9 billion in 1990 to 836 million in 2015, although the target of halving the proportion of people suffering from hunger was narrowly missed. MDG 2: Primary school enrolment figures have shown an impressive rise, but the goal of achieving universal primary education has just been missed, with the net enrolment rate increasing from 83% in 2000 to 91% this year. MDG 3: About two-thirds of developing countries have achieved gender parity in primary education. MDG 4: The child mortality rate has reduced by more than half over the past 25 years – falling from 90 to 43 deaths per 1,000 live births – but it has failed to meet the MDG target of a drop of two-thirds. MDG 5: The global maternal mortality ratio has fallen by nearly half – short of the twothirds reduction the MDGs aimed for (From 1990 to 2015, the global maternal mortality ratio declined by 44 per cent – from 385 deaths to 216 deaths per 100,000 live births). MDG 6: The target of halting and beginning to reverse the spread of HIV/Aids by 2015 has not been met, although the number of new HIV infections fell by around 40% between 2000 and 2013. MDG 7: Some 2.6 billion people have gained access to improved drinking water since 1990, so the target of halving the proportion of people without access to improved sources of water was achieved in 2010 – five years ahead of schedule. However, 663 million people across the world still do not have access to improved drinking water MDG 8: Between 2000 and 2014, overseas development assistance from rich nations to developing countries increased by 66% in real terms, and in 2013 reached the record figure of $134.8bn (£80.3bn). India MDG http://niti.gov.in/writereaddata/files/SDGs %20V22-Mapping_August%202017.pdf http://www.mospi.gov.in/sites/default/files/pu blication_reports/MDG_Final_Country_repor t_of_India_27nov17.pdf (Page 19) SDGs India’s performance on SDGs in 2018 http://www.sdgindex.org/assets/files/2018/02 %20SDGS%20Country%20profiles%20editi on%20WEB%20V3%20180718.pdf What about the performance of the US? Paris Agreement and the global goal of limiting warming below the dangerous threshold o Global surface temperatures have already risen by ~1°C compared to the pre-industrial times. o The world community at Paris in December 2015, agreed to limit warming to below 2°C, and agreed to make efforts to event limit it to 1.5°C o To meet this temperature goal the UNFCCC invited ‘nationally determined’ voluntary emission reduction commitments from its 197 parties Where are we heading? – US withdrawal 200 GHG emissions GtCO2e/year 180 160 4.7°C 140 120 BAU GHG projections 100 80 3.0°C 60 Paris Agreement Com mitm 40 0 -20 1.5°C Trajec tor y 2°C Trajecto ry 1990 1994 1998 2002 2006 2010 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 20 ents2.7°C Net impact of US withdrawal global temperature (worst case) 1.7°C The window for action is rapidly closing 65% of our carbon budget compatible with a 2°C goal already used Amount Remaining: 275 Total Carbon Budget: 790 GtC 2900 GtCO2 GtC Amount Used 1870-2011: 1000 GtCO2 515 GtC 1900 GtCO2 AR5 WGI SPM With Imperial College London and Financial Times, London Methodology published in Chaturvedi and Woods, 2015 This tool was extensively covered in international media Financial Times, The Guardian, and used for peer reviewed publications • https://ig.ft.com/sites/climate-changecalculator/ BITS Pilani, K K Birla Goa Campus Climate Change Calculator: Outreach and impact - 29,000 page views (22,000 unique visitors) - Most-shared interactive pieces of FT in the last couple of years - Shares per page view: 14%, very high both by FT standards, and industry measures (initial weeks of launch, more latest data not available) “It (Calculator) condensed a vast amount of numerical information into a very simple tool, and did so without compromising on the representation of uncertainty” – Royal Society Citation Datasets in to the calculator 8.00 GHG emissions in GtCO2e 6.00 4.00 3.00 655 GtCO2e cumulative emissions over 20112100 2050 BAU emission 2020 target projections obtained from OECD, 2011 7.00 5.00 2025 BAU emission projections as stated in US INDC BAU INDC and long-term goal Beyond 2050 projections highly uncertain 2025 target from 23 INDC (High em 8 G 21 is tC Ambition) 00 sio O ns 2 e c ov um er ul 2050 target from a 20 ti Long-term target 11 ve (High Ambition) - 2.00 1.00 0.00 1990 1995 2000 2005 2010 2011 2012 2020 2025 2030 2035 2040 2045 2050 2100 India’s climate Pledge 1. To reduce the emissions intensity of its economy by 33 to 35 percent by 2030 from 2005 level 2. To achieve about 40 percent cumulative electric power installed capacity from nonfossil fuel based energy resources by 2030 (with the help of transfer of technology and low cost international finance including from Green Climate Fund (GCF). 3. To create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030 (Unconditional). 1. To reduce the emissions intensity of its economy by more than a third by 2030 compared to 2005 levels - India’s emission intensity of GDP has reduced by 12 per cent between 2005 and 2010 – MoEF, 2016 (BUR1) - Another 23% reduction in the next 20 years is possible, despite plans to improve the share of manufacturing in GDP from current 17% to 25% in 2022 0.0180 0.0160 Emission intensity kg/INR GDP Power sector 0.0120 0.0100 Economy-wide emissions intensity reduc1on goal 80 35% 60 0.0080 0.0060 40 0.0040 0.0000 2005 value=100 100 0.0140 0.0020 120 20 a) 2005 2022 2027 54% Projected reduc1on in emissions intensity in the power sector due to reduced coal, increased efficiency and increased renewables 0 2005 2022 Chaturvedi (in press) 2027 b) 2. Cumulative electric power installed capacity from nonfossil fuel based energy resources at 40% by 2030 Chaturvedi (in press) Will India be able to meet its Paris commitments and go ‘above and beyond’ it by 2030? As US shrugs off its responsibility India set to compensate the US loss } 25% reduction in emission projections Bill Hare concludes that “India is set to overachieve its Paris Agreement climate pledge” it further stresses that “the ongoing growth of renewable energy and slowdown of coal in India is the most important development underway globally today.” Source: CAT 66 million trees if all survive will sequester less than 300 milliion tonnes of CO2 in the next decade, however the target is 2500-3000 million tonnes! 3. Additional carbon sink of 2.5 to 3 billion tonnes of CO2 by 2030 from forests and trees 5.0 Mha Greening India Mission MDF 4.0 D/O 3.0 2350 MtCO2e (2010-2030) 2.0 S/G MDW 1.0 AF++ 0.0 MDF D/O S/G MDW AF++ Ravindranath and Murthy, 2010 India’s Climate Action Rating Critically Insufficient Highly Insufficient Argentina Russia Canada Saudi Arabia China Turkey Japan USA South Africa South Korea Insufficient 2ºC Compatible Australia Brazil EU India Indonesia Mexico Requirement for Increasing emission reduction ambition for a 2ºC compliant world Chaturvedi, 2018 SDGs- Inter-linkages SDG Goal 4: Ensure inclusive and equitable quality education and promote lifelong learning opportunities for al 4.1. By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes 4.2. By 2030, ensure that all girls and boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education 4.3. By 2030, ensure equal access for all women and men to affordable and quality technical, vocational and tertiary education, including university 4.4. By 2030, substantially increase the number of youth and adults who have relevant skills, including technical and vocational skills, for employment, decent jobs and entrepreneurship 4.5 By 2030, eliminate gender disparities in education and ensure equal access to all levels of education and vocational training for the vulnerable, including persons with disabilities, indigenous peoples and children in vulnerable situations 4.6. By 2030, ensure that all youth and a substantial proportion of adults, both men and women, achieve literacy and numeracy 4.7. By 2030, ensure that all learners acquire the knowledge and skills needed to promote sustainable development, including, among others, through education for sustainable development and sustainable lifestyles, human rights, gender equality, promotion of a culture of peace and non-violence, global citizenship and appreciation of cultural diversity and of culture’s contribution to sustainable development National Average = 75% Expenditure on Education Sector in India Kothari Commission Recommended that India should spend ~6% of its GDP on education National Education Policy NEP 1- 1968 (based on Education Commission) NEP 2 – 1986 42nd Amendment RTE Act - 2002 NEP 3 underway • Dr. Kasturirangan Committee National Health Policy History and evolution of national health policy in India • Is health sector a priority in India? (low spending, private sector dominance) • Bhore Committee (1946) – most comprehensive plan but no implementation • First National health Policy – 1982 – Alma Ata declaration • Second – 2002 – MDGs • Third – 2017 – SDGs • Prior to 1982, it was implicit in the 5 year plans • The sad part is that at the state government level there is no evidence of any policy initiatives in the health sector. Bhore Commission Recommendations Larger health picture in India • India represents about a fifth of global disease burden, and much of it is preventable (also India has 1/5th population as well, so its not unusual) • India’s government spends only 1% of GDP (Gross Domestic Product) on health, of which 80% (Mukherjee 2014) is sub-national - raised and spent by the states themselves • The Centre designs national programs and the states have to just accept them. The Centre assures this through the fiscal control it has in distribution of resources. However it accounts for only ~30% total spend, rest comes from the states • State-level public service provision in India has chronically underperformed and is plagued by poor quality and corruption (Davis 2004, Singh 2015) Larger health picture in India • India did make some remarkable improvements in health sector (like – life expectancy), but is this due to Govt. policies? • The National Rural Health Mission’s (NHRM) budget tripled between 2005-06 and 2011-12, but did not lower India’s infant mortality, maternal mortality, and total fertility rates to targeted levels. • Similarly, while NRHM enabled state governments to convert more than 14,500 primary health facilities to 24/7 facilities (an increase of 500%) (Sundararaman 2012), the influx of money to states failed to increase doctor attendance rates in these same facilities (Aiyar 2012). • The advent of Rashtriya Swastha Bima Yojana (RSBY) has not been very successful National Health Policy 2017 https://www.youtube.com/watch?v=bMct3Fa NW5w Goals of National Health Policy - 2017 • Progressively achieve Universal Health Coverage • Reinforcing trust in Public Health Care System • Align the growth of private health care sector with public health goals • Increase Life Expectancy at birth from 67.5 to 70 by 2025 (~69 years today). • Establish regular tracking of Disability Adjusted Life Years (DALY) Index as a measure of burden of disease and its trends by major categories by 2022. • Reduction of TFR to 2.1 at national and sub-national level by 2025 (2.33 today, down from 6 in 1960s). • Reduce Under Five Mortality to 23 by 2025 and MMR from current levels to 100 by 2020 (2016 – 130, down from 240 in 2004). • Reduce infant mortality rate to 28 by 2019 (2016, 34). • Reduce neo-natal mortality to 16 and still birth rate to “single digit” by 2025. • Achieve global target of 2020 which is also termed as target of 90:90:90, for HIV/AIDS i.e,- 90% of all people living with HIV know their HIV status, - 90% of all people diagnosed with HIV infection receive sustained antiretroviral therapy and 90% of all people receiving antiretroviral therapy will have viral suppression. • Achieve and maintain elimination status of Leprosy by 2018, Kala-Azar by 2017 and Lymphatic Filariasis in endemic pockets by 2017. • To achieve elimination of TB by 2025. • To reduce the prevalence of blindness to 0.25/1000 by 2025 and disease burden by one third from current levels. • To reduce premature mortality from cardiovascular diseases, cancer, diabetes or chronic respiratory diseases by 25% by 2025. Is Leprosy eradicated in India? • In 2005, the World Health Organisation declared that leprosy had been effectively eradicated worldwide. • 230,000 new cases continue to be detected every year. Of these, India accounts for more than half, about 60% Can India eliminate TB by 2025? Five year ahead of global deadline? - 2.8 million cases in India - Annual incidence reduced from 289 persons per 100,000 in year 2000 to 217 per 100,000 in 2015, - Eliminating TB would necessitate a dramatic reduction to less than 1 person per 10,00,000. - TB prevalence was as high as 567 persons per 100,000 compared to 206 per 100,000 for households that use clean fuels. In this context, Ujjawala, Swachh Bharat Abhiyan, Housing for All, and the National Nutrition Mission has critical role to play Source: http://sbm.gov.in/sbmreport/home.aspx • Increase utilization of public health facilities by 50% from current levels by 2025 (20% today, 68% out of pocket expense). • Antenatal care coverage to be sustained above 90% and skilled attendance at birth above 90% by 2025. • More than 90% of the newborn are fully immunized by one year of age by 2025 (now 2018). • Meet need of family planning above 90% at national and sub national level by 2025. • 80% of known hypertensive and diabetic individuals at household level maintain controlled disease status‟ by 2025 Immunisation • Between 2009 and 2013, the increase in immunisation coverage had been at 1% per year. Between 2015-16, India’s immunisation coverage increased by 6.7% per year, • Relative reduction in prevalence of current tobacco use by 15% by 2020 and 30% by 2025. • Reduction of 40% in prevalence of stunting of under-five children by 2025. • Access to safe water and sanitation to all by 2020 (Swachh Bharat Mission). • Reduction of occupational injury by half from current levels of 334 per lakh agricultural workers by 2020. • National/ State level tracking of selected health behaviour. • Increase health expenditure by Government as a percentage of GDP from the existing 1.15% to 2.5 % by 2025. • Increase State sector health spending to > 8% of their budget by 2020. • Decrease in proportion of households facing catastrophic health expenditure from the current levels by 25%, by 2025. What is catastrophic medical cost? • Catastrophic household health care expenditures defined as health expenditure exceeding 10% of its total monthly consumption expenditure or 40% of its monthly non-food consumption expenditure, are unacceptable. - 67.78% of total expenditure on health in India was paid “Out of Pocket”, whereas world average is 18.2%. Health related economic catastrophies in India - Over 63 million persons are pushed to poverty every year due to health care costs. - In 2011-12, the share of out of pocket expenditure on health care as a proportion of total household monthly per capita expenditure was 6.9% in rural areas and 5.5% in urban areas. - This led to an increasing number of households facing catastrophic expenditures due to health costs (18% of all households in 2011-12 as compared to 15% in 2004-05). Disparities and inequities in health care outcome at sub-national level - Even in States where overall averages are improving, marginalized communities and poorer economic quintiles of the population, especially in remote and tribal areas, continue to fare poorly. - For instance, fully immunized children aged 12-23 months in Odisha were only 45% in scheduled tribes as compared to 62% for the State. - Corresponding figures for skilled attendants at birth are 26% and 51% Private Vs Govt Healthcare facilities • Over 70% of ailing population in rural areas and almost 80% in urban areas utilize private facilities • It has been observed that, in 2014 the average amount spent per child birth as inpatient in private hospitals was nine times that spent in public hospitals for both rural and urban areas across all quintiles. One of the fundamental policy questions being raised in recent years is whether to pass a health rights bill making health a fundamental right- in the way that was done for education? The policy while supporting the need for moving in the direction of a rights based approach to healthcare is conscious of the fact that threshold levels of finances and infrastructure is a precondition for an enabling environment, to ensure that the poorest of the poor stand to gain the maximum and are not embroiled in legalities. The policy therefore advocates a progressively incremental assurance based approach, with assured funding to create an enabling environment for realizing health care as a right in the future. Ayushman Bharat Scheme/ PM Jan Arogya Yojana (PMJAY) • Part A – Universal healthcare facilities, free medicines etc (150 000 health and wellness centres across the country – Primary care) • Part B – Coverage (Secondary and Tertiary Care) - 10 crore families (~50 crore people) - Basis – SECC, 2011 http://secc.gov.in/reportlistContent https://www.youtube.com/watch?v=zirY1FrtcR c