Census 2011 or the 15th National Census, a gigantic exercise to capture the socio-economic and cultural profile of India’s population, began on April 1, 2010.  India undertakes this exercise every 10 years through the Office of the Registrar General and Census Commissioner in the Ministry of Home Affairs.  The census documents details of a billion plus population on diverse subjects such as demography, literacy, fertility and mortality and provides primary data at village, town and ward level. The first census ever to take place in India was in 1872 and the last one was held in 2001.  The Census of India Act, 1948 lays down the rules and regulations pertaining to conduct of a census.  The Act makes it obligatory for the public to answer all the questions faithfully while guaranteeing the confidentiality of the information. The last census was held in 2001, which revealed that India’s population was about 1.03 billion.  Statistical data related to literacy rate, sex-ratio, urban-rural distribution, religious composition, SC/ST population and so on were captured by Census 2001. Features of Census 2011 Census process: India uses the canvasser method for collecting census data.  Under this method, the canvasser approaches every household and records the answer on the schedules himself after ascertaining the particulars from the head of the household or other knowledgeable persons in the household.  The full detail of the methodology is available here. National Population Register (NPR): It would be a register or database of residents of the country.  The government states that such a database would facilitate better targeting of the benefits and services under government schemes and programmes; improve planning and help strengthen the security of the country.  The register is being created under the provisions of the Citizenship Act and Rules. NPR process: Basic details such as name, date of birth and sex shall be gathered by visiting each household of a resident of the country. A database shall be created with addition of biometric information such as photograph, 10 fingerprints and probably Iris information for all persons aged 15 years and above.  The list shall be sent to the Unique Identity Authority of India (UIDAI) for de-duplication and issue of UID Numbers.  The cleaned database along with the UID Number would form the National Population Register. There was a controversy over whether Census 2011 should capture caste data.  Since India last collected caste data in 1931, proponents argued that up-to-date, reliable caste data was essential to target welfare schemes towards various backward castes. Opponents however contended that this would perpetuate the caste system.  The government finally decided not to include caste as one of the parameters in the 2011 census. Table 1: Schedule of Census 2011

Schedule State/UT
April 1 New Delhi (NDMC area), West Bengal, Assam,  Andaman & Nicobar Islands, Goa, Meghalaya, Bihar, Jharkhand
April 7 Kerala, Lakshadweep, Orissa, Himachal Pradesh, Sikkim
April 15 Karnataka, Arunachal Pradesh, Chandigarh
April 21 Gujarat, Dadra & Nagar Haveli, Daman & Diu
April 26 Tripura, Andhra Pradesh
May 1 Haryana, Chhattisgarh, Delhi, Punjab, Uttaranchal, Maharashtra
May 7 Madhya Pradesh
May 15 J & K, Manipur, Mizoram, Rajasthan, Uttar Pradesh
June 1 Tamil Nadu, Puducherry, Nagaland

The protests against the nuclear power plant at Kudankulam have intensified over the recent weeks.  The Kudankulam plant is expected to provide 2 GW of electricity annually.  However, activists concerned about the risks of nuclear energy are demanding that the plant be shut down.  The safety of nuclear power plants is a technical matter.  In this blog post we discuss the present mechanism to regulate nuclear energy and the legislative proposals to amend this mechanism. Atomic materials and atomic energy are governed by the Atomic Energy Act, 1962.  The Act empowers the central government to produce, develop and use atomic energy.  At present, nuclear safety is regulated by the Atomic Energy Regulatory Board (AERB).  Some of the drawbacks of the present mechanism are discussed below. Key issues under the present nuclear safety regulatory mechanism The AERB is not empowered to operate as an independent operator.  The AERB was established by the government through a notification and not through an Act of Parliament.  Its powers and functions are therefore amendable by the Department of Atomic Energy through executive orders.  The parliamentary oversight exercised upon such executive action is lower than the parliamentary oversight over statutes. [1. The executive action or the Rules are in force from the date of their notification.  They are to be tabled before Parliament mandatorily.  However, an executive action is discussed and put to vote in Parliament only if an objection is raised by a Member of Parliament.  The executive orders may be reviewed by the committee on sub-ordinate legislation.  However, this committee has to oversee a large volume of rules and regulations.  For instance, there were 1264 statutory notifications that were tabled before the Rajya Sabha in 2011-12.] Furthermore, the Atomic Energy Commission that sets out the atomic energy policy, and oversees the functioning of the AERB, is headed by the Secretary, Department of Atomic Energy.  This raises a conflict of interest, as the Department exercises administrative control over NPCIL that operates nuclear power plants. It is pertinent to note that various committee reports, including a CAG Report in 2011, had highlighted the drawbacks in the present regulatory mechanisms and recommended the establishment of a statutory regulator.  A summary of the Report may be accessed here. Proposed mechanism Following the Fukushima nuclear incident in 2011, the Nuclear Safety Regulatory Authority Bill, 2011 was introduced in Parliament to replace the AERB. The Bill establishes the Nuclear Safety Regulatory Authority (NSRA) to regulate nuclear safety, and a Nuclear Safety Council to oversee nuclear safety policies that the NSRA issues.  Under the Bill, all activities related to nuclear power and nuclear materials may only be carried out under a licence issued by the NSRA. Extent of powers and independence of the NSRA The Bill establishes the NSRA as a statutory authority that is empowered to issue nuclear safety policies and regulations.  The Nuclear Safety Council established under the Bill to oversee these policies includes the Secretary, Department of Atomic Energy.  The conflict of interest that exists under the present mechanism may thus continue under the proposed regulatory system. The Bill provides that members of the NSRA can be removed by an order of the central government without a judicial inquiry.  This may affect the independence of the members of the NSRA.  This process is at variance with enactments that establish other regulatory authorities such as TRAI and the Competition Commission of India.  These enactments require a judicial inquiry prior to the removal of a member if it is alleged that he has acquired interest that is prejudicial to the functions of the authority. The proposed legislation also empowers the government to exclude strategic facilities from the ambit of the NSRA.  The government can decide whether these facilities should be brought under the jurisdiction of another regulatory authority. These and other issues arising from the Bill are discussed here.