In a recent case, the Supreme Court directed the appropriate government to enact a law by June 2011. The case, Gainda Ram & Ors. V. MCD and Ors.[1], concerned the legal framework for regulating hawking in Delhi. The judgement lays out the background to this case by stating that the regulation of hawking in Delhi had been proceeding under directions issued by the Supreme Court in previous cases, and was being implemented by municipal authorities such as the New Delhi Municipal Corporation (NDMC). The NDMC and the MCD have also framed schemes to regulate hawkers as per a policy of the government framed in 2004. However, since these schemes were not laid before Parliament, the Court held that these schemes cannot be called ‘law’ or drafted under the authority of any law. The Court also stated that there is an urgent need to enact a legislation to regulate hawking, and the rights of street vendors. It referred to a Bill which had been framed by the government, and stated that since the government has already taken the first step in the legislative process by drafting a Bill, the legislative process should be completed. On the basis of this, and other reasons, it directed the government to enact a law by June 2011. This judgement raises three issues:
[1] Decided on October 8, 2010
On November 28, 2012, the Comptroller and Auditor General submitted its report on the implementation of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). According to the report most of the projects initiated under JNNURM have not been completed. For instance with respect to urban infrastructure projects, only 231 projects out of the 1298 sanctioned projects have been completed. Similarly, with respect to housing projects, only 22 of the 1517 projects have been completed. Some of the other key recommendations of the report are:
The need and objectives of JNNURM According to the 2011 census India’s urban population has increased from 286 million in 2001 to 377 million in 2011 . With the increase in urban population, there is a requirement to improve the urban infrastructure and improve the service delivery mechanisms. With these specific objectives in mind, the central government launched the Jawaharlal Nehru National Urban Renewal Mission 2005-2006. The aim of the Mission is to encourage reforms and fast track planned development of identified cities (such as cities with a population of more than 1 million as per the 2001 census). JNNURM has two main components namely : (i) Urban Infrastructure and Governance and (ii) Urban Infrastructure Development for Small and Medium Towns. The duration of JNNURM was from 2005-06 to 2011-12. However, as the projects have not been completed the Government has extended its duration until March 2014. Funds for JNNURM The funds for JNNURM are provided through the Additional Central Assistance. This implies that the funds are provided as grants to the states directly from the centre. In the 2012 Union Budget, the central government has allocated Rs 12,522 crore for JNNURM. This represents around 10 % of the total central assistance through the different schemes to states and union territories in 2012-13. As on June 30 2012, 554 projects at a total cost of Rs 62,253 crore have been sanctioned under the Urban Infrastructure and Governance sub-mission of JNNURM. The table below shows the status of the sanctioned JNNURM projects in the different states. State wise status of the projects under JNNURM (as on August 6, 2012)
Name of State | Total Allocation (Rs Lakh) | Number of sanctioned projects | Completed Projects |
Andhra Pradesh | 2,11,845 | 52 | 18 |
Arunachal Pradesh | 10,740 | 3 | NA |
Assam | 27,320 | 2 | NA |
Bihar | 59,241 | 8 | NA |
Chandigarh | 27,087 | 3 | NA |
Chattisgarh | 24,803 | 1 | NA |
Delhi | 2,82,318 | 23 | 4 |
Goa | 12,094 | 2 | NA |
Gujarat | 2,57,881 | 72 | 40 |
Haryana | 32,332 | 4 | NA |
Himachal Pradesh | 13,066 | 5 | NA |
Jammu & Kashmir | 48,836 | 5 | NA |
Jharkhand | 94,120 | 5 | NA |
Karnataka | 1,52,459 | 47 | 22 |
Kerala | 67,476 | 11 | NA |
Madhya Pradesh | 1,32,850 | 23 | 7 |
Maharashtra | 5,50,555 | 80 | 21 |
Manipur | 15,287 | 3 | NA |
Meghalaya | 15,668 | 2 | NA |
Mizoram | 14,822 | 4 | NA |
Nagaland | 11,628 | 3 | NA |
Orissa | 32,235 | 5 | NA |
Punjab | 70,775 | 6 | 1 |
Puducherry | 20,680 | 2 | NA |
Rajasthan | 74,869 | 13 | 2 |
Sikkim | 10,613 | 2 | NA |
Tamil Nadu | 2,25,066 | 48 | 12 |
Tripura | 14,018 | 2 | NA |
Uttar Pradesh | 2,76,941 | 33 | 4 |
Uttarakhand | 40,534 | 14 | NA |
West Bengal | 3,21,840 | 69 | 15 |
Source: Jawaharlal Nehru National Urban Renewal Mission; PRS.