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22. Comments on the Proposed Amendments to the Electricity Act 2003
- Author:
- Ashwini K. Swain, Parth Bhatia, and Navroz K. Dubash
- Publication Date:
- 11-2018
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- The proposed amendments to the Electricity Act 2003, released on 7th September 2018, are most critical among the set of planned reforms in the power sector. With significant changes, it seeks to provide an enabling framework for transformations in electricity market, pricing reforms, regulatory oversight, quality of supply and energy security. While we appreciate the endeavours and intent, in our comments we focus on some serious concerns the draft raises, vital gaps and issues that need serious consideration. These comments have been drafted based on an internal discussion at the Centre for Policy Research, and should not be considered an institutional position, as CPR does not take institutional positions on issues. Rather, these comments reflect the result of internal deliberations, aimed at understanding and reflecting on the draft amendments, with the aim of constructive feedback to the Ministry of Power.
- Topic:
- Security, Energy Policy, Government, Social Policy, and Legislation
- Political Geography:
- South Asia, India, and Asia
23. Officiating Urbanisation: What makes a settlement officially urban in India?
- Author:
- Bhanu Joshi and Kanhu Charan Pradhan
- Publication Date:
- 01-2018
- Content Type:
- Working Paper
- Institution:
- Centre for Policy Research, India
- Abstract:
- Financial incentives including government support grants for infrastructure creation, health and education development in many countries is contingent on where people live. In India, the allocation of critical government subsidies explicitly recognises urban population as a criterion for budgetary allocation. Yet, the fundamental question about what is an urban area and what does it entail to be recognised as an urban settlement in India remains understudied. This paper aims to understand the definitional paradigm of statutory towns in India. We create a novel dataset of all state laws in India on the constitution of urban local governments. We analyse the eligibility criteria that would qualify any area to become urban local bodies under the law in different states and find large variation among states. In our dataset, only fifteen of the twenty-seven states explicitly define and have laws on urban settlements. Within these fifteen states, we find that many small and transitional urban areas violate the eligibility criteria laid down by the state laws constituting them. We further find that states which do not provide statutory laws rely on executive fiat, i.e. it is the prerogative of the state government to declare the creation of a statutory town. What then becomes or “unbecomes” urban in these states is open to dispute. The full extent of this variation and reasons thereof can open up new avenues of scholarship.
- Topic:
- Government, Infrastructure, Urbanization, Budget, and Legislation
- Political Geography:
- South Asia, India, and Asia
24. Using Law to Combat Water Pollution
- Author:
- CPR-Namati Environmental Justice Program
- Publication Date:
- 03-2018
- Content Type:
- Special Report
- Institution:
- Centre for Policy Research, India
- Abstract:
- Contamination of surface water sources due to the discharge of polluting substances has been a long standing problem in most parts of the country. In 1974, a legislation was specifically enacted to regulate and prohibit water pollution. The Water (Prevention and Control of Pollution) Act, 1974 established Pollution Control Boards at the Central and State levels and bestowed them with powers to prevent and control water pollution. Aside from the Water Act, there are also other laws which can be used to remediate water pollution. These include, environmental clearance conditions under the Environmental Impact Assessment Notification, 2006, public nuisance in the Indian Penal Code, 1860 and the licensing process under the Factories Act, 1948. Along with these, there are also certain state level legislations such as the Orissa River Pollution Prevention Act, 1953. How these laws can be used to find administrative remedies to combat water pollution has been put together in the form of two Information, Education and Communication materials by the Centre for Policy Research-Namati Environmental Justice Program, with support from the Duleep Mathai Nature Conservation Trust. The materials aim to give the reader an understanding of: The existing legislations; The kind of permissions which are needed; The various institutions which are available; The way in which evidence can be collected; The manner in which complaints can be framed; The various administrative remedies which are available; The materials focus on the states of Gujarat, Karnataka, Odisha and Chhattisgarh. Translations of the material are also available in Hindi, Gujarati, Kannada, and Odiya.
- Topic:
- Environment, Water, Legislation, and Pollution
- Political Geography:
- South Asia, India, and Asia
25. The Ballot Initiative Transparency Act: Examining its Impact on Legislative Compromise in California
- Author:
- Mindy Romero and Jennifer Puza
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- California Journal of Politics and Policy
- Institution:
- Institute of Governmental Studies, UC Berkeley
- Abstract:
- In 2014, California passed the Ballot Initiative Transparency Act (SB 1253, or BITA) which provided some of the biggest changes to California’s ballot initiative process in recent decades. BITA went into effect for the first time during the 2016 election cycle and was designed to provide more opportunities for legislative compromise and to allow for more public involvement in the ballot initiative process. Our study examines BITA and its impact on the ballot initiative process. Specifically, we sought to understand the extent of BITA’s impact on influencing the state legislature and the initiative proponents to seek legislative compromise. Furthermore, we examine the implementation of the new mechanisms BITA put in place and offer suggestions for how to potentially improve their effectiveness for future elections.
- Topic:
- Elections, Democracy, Legislation, and Voting
- Political Geography:
- United States and California
26. Australia’s Gun Laws Can’t Work in America – For Now
- Author:
- Philip Alpers
- Publication Date:
- 03-2018
- Content Type:
- Special Report
- Institution:
- Georgetown Journal of International Affairs
- Abstract:
- Thirteen mass shootings in 18 years, 112 victims shot dead. While this may seem to describe contemporary America, it actually describes a late 20th-century period in Australia. The country’s final slaughter occurred in Tasmania in 1996 – the Port Arthur massacre. A lone, “pathetic social misfit” – as described by the judge – killed 35 people. The first 29 bullets from this young man’s AR-15 rifle ended the lives of 20 innocents in just 90 seconds.
- Topic:
- Government, Weapons, Legislation, Public Health, and Mass Shootings
- Political Geography:
- Australia, Australia/Pacific, North America, and United States of America
27. Mexico’s Energy Reforms at Risk?
- Author:
- Isabelle Rousseau
- Publication Date:
- 12-2018
- Content Type:
- Commentary and Analysis
- Institution:
- Institut français des relations internationales (IFRI)
- Abstract:
- Mexico’s Energy Reform (hereafter, the Reform) enacted on December 20th 2013, and the Secondary Laws adopted on August 11th 2014, marked a milestone in the history and the development of the Mexican energy sector. These major changes were unexpected considering that multiple sectorial reforms pursued since the 1990s had systemically failed to address the structural problems which had been mounting over the years.
- Topic:
- Energy Policy, Governance, Reform, Legislation, and Investment
- Political Geography:
- Central America and Mexico
28. Event Report: Exchange of Legislative Experiences on the Governance of the Security Sector in Colombia
- Author:
- Cristina Hoyos, Cédric Bolli, and Tobias Fontecilla
- Publication Date:
- 12-2018
- Content Type:
- Special Report
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- The election of a new Congress in Colombia in March 2018 provided an opportunity to work on security sector governance and strengthen the role of Congress in overseeing the security sector in a way that helps the country face its current and future challenges. International experiences from other countries can provide relevant technical and conceptual lessons that can enrich the work of the Colombian Congress in matters of security. In this context, the Geneva Centre for Security Sector Governance (DCAF), the Friedrich Ebert Stiftung in Colombia (FESCOL), the Folke Bernadotte Academy (FBA) and the Swedish Embassy in Colombia organised a forum on legislative experiences in security sector governance. The forum took place on the 6th of December 2018 in the Hall of the Constitution of the Colombian Congress in Bogotá and was attended by members of the Colombian Congress as well as parliamentarians from Sweden, Germany and the Philippines. The purpose of this event was to enable participants to partake in the debate over the role of the legislative vis-à-vis the security sector, allowing members of the Colombian Congress and their international counterparts to share lessons learned and promote good practices in security sector oversight. The event was moderated by the Honourable Senator Rodrigo Lara Restrepo, who was the Speaker of the House of Representatives (2017–2018). This Event Report summarises the presentations and discussions of the event and includes two Think Pieces produced by Dr. Mario J. Aguja for this event.
- Topic:
- Security, Reform, Elections, and Legislation
- Political Geography:
- Philippines, Colombia, South America, Germany, and Sweden
29. Governing Abuse of Free Speech during Elections in Pakistan
- Author:
- Aman Ullah Malik
- Publication Date:
- 01-2018
- Content Type:
- Journal Article
- Journal:
- South Asian Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- Election creates an environment of hate which may lead to potential of violence. Although there are enough laws relating to prohibition of hate speech under the Constitution of Pakistan and the ordinary law like Pakistan Penal Code and Anti Terrorism Act, however, there are special laws which control hate speech during Elections. Although International Instruments protected freedom of speech first but did not prohibit hate speech, however, it was permitted to be limited in certain cases. Similarly, the Constitution of Pakistan 1973 also guaranteed the freedom of speech but with list of exceptions to prohibit hate speech. For this purpose, all election laws were consolidated in the form of one piece of legislation: the Election Act 2017. It prohibited hate speech under corrupt practices and made it an offence. To assure a free and fair election, it is mandatory for the Election Commission of Pakistan to frame a Code of Conduct for the political parties and the candidates. The Commission is also bound to issue a separate Code of Conduct for the media. Both Codes provide effective legal regimes to control hate speech. However, the efforts to control it can only be successful if all stakeholders struggle to confront this monster.
- Topic:
- Human Rights, Elections, Freedom of Expression, Legislation, and Hate Speech
- Political Geography:
- Pakistan, South Asia, and Punjab
30. Placement of Pakistani Women during Democratic Regimes: 1988-2018
- Author:
- Shehzadi Zamurrad Awan
- Publication Date:
- 07-2018
- Content Type:
- Journal Article
- Journal:
- South Asian Studies
- Institution:
- Department of Political Science, University of the Punjab
- Abstract:
- On women issues, the response of democratically elected governments of Pakistan Peoples Party Parliamentarian (PPPP) and Pakistan Muslim League Nawaz (PML-N), remained vague and noncommittal. Both parties in their manifestos for general elections, vowed to take steps for women socio-economic and political empowerment. However, after assuming power, these parties could not fullfill their promises. They could neither enact appropriate legislation on women issues nor they repealed or amended gender discriminatory Hudood Ordinance of Zia-ul-Haq. More so, these two leading parties failed to restore the expired women quota in National and Provincial Assemblies, resulting in insufficient representation in the legislative bodies. Nevertheless, in comparison with conservative PML (N), the expectations from a liberal Benazir Bhutto to enforce pro-women policies was more promising. Both parties formed coalition governments, thus remained incapacitated to enact women related laws. Furthermore, they were confronted with orthodoxy within and outside the legislative bodies, posing challenges to their political agendas. Nonetheless, the last two tenures of both parties marked a little difference in their approach towards women issues, resulting in some serious legislation, targeting women problems in socio-economic and political domains. It is imperative to say that the effectiveness of these newly in-placed women related laws and policies has yet to bring change in society as their proper implementation and required institutionalization is in its infancy stage.
- Topic:
- Gender Issues, Governance, Elections, Women, and Legislation
- Political Geography:
- Pakistan, South Asia, and Punjab