Elections to the 14th Legislative Assembly of Karnataka are scheduled to be held on May 5, 2013. Of the 224 assembly constituencies that will go into polls, 36 are reserved for Scheduled Castes and 15 for Scheduled Tribes. Voting will take place in 50,446 polling stations across Karnataka [1.  Election Commission India]. In this blog, we analyse electoral trends between 1989 and 2008 and the performance of the current Karnataka Assembly.

Figure 1: Electoral trends since 1989, source: Election Commission of India, PRS.

 

In the last elections, held in 2008, the Bharatiya Janata Party (BJP) formed the government, winning 110 of the 226 seats in the Assembly. The BJP has steadily increased its seat share since 1989: it won four seats in 1989, 44 in 1999 and 79 in 2004. The Indian National Congress (INC) had a 179 seat majority in 1989 (79% of the assembly) which fell to 34 seats in 1994. The INC subsequently increased their tally from 65 seats in 2004 to 80 seats in 2008. However, the INC continued to have the highest share of votes polled (except in 1994) even as its share of seats decreased. The 1990s also saw the emergence of the Janata Dal (S) who won the 1994 elections with 115 seats. Janata Dal’s emergence is part of a broader theme of increased participation by regional parties in Karnataka. In 1989, 20 parties contested the elections, seven of which were national parties but in 2008, 30 parties contested, of which only five were national parties. Performance of the current Assembly As we approach the end of the term of the current Assembly, a brief look at its work from 2008 to 2013:

  • During its five-year-term, the Assembly sat for a total of 144 days, an average of 31 days each year. In comparison, the Lok Sabha in its current term sat for an average of 68 days per year. Among states, the Kerala Assembly sat for an average of 50 days, Haryana for 13 days and Rajasthan for 24 days, each year. Figure 2: Days of sitting - Karnataka assembly, source: RTI, PRS.

     

  •  Members of the Karnataka Assembly recorded an average attendance of 81 per cent for the whole term, broadly in line with the Lok Sabha attendance of 77 per cent. Nearly one in five members registered more than 90 per cent attendance. In comparison, members of the 11th Himachal Pradesh Assembly recorded an attendance of 95 per cent, while the attendance of the 12th Gujarat Assembly stood at 83 per cent.
  • Some of the significant Bills passed by the 14th Karnataka Assembly include the Karnataka Guarantee of Services to Citizens Bill and the Karnataka Ground Water (Regulation and Control of Development and Management) Bill.  In 2012, the Assembly also passed the Karnataka Prevention of Cow Slaughter and Preservation Bill.

On June 6, 2022, the Ministry of Electronics and Information Technology released the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021) for public feedback.  The IT Rules were notified on February 25, 2021, under the Information Technology Act, 2000 (IT Act).  The Ministry noted that there is a need to amend the Rules to keep up with the challenges and gaps emerging in an expanding digital ecosystem.  In this blog post, we give a brief background to the IT Rules, 2021 and explain the key proposed changes to the Rules.

Background to the IT Rules, 2021

The IT Act exempts intermediaries from liability for user-generated content on their platform provided they meet certain due diligence requirements.  Intermediaries are entities that store or transmit data on behalf of other persons and include telecom and internet service providers, online marketplaces, search engines, and social media sites.  IT Rules specify the due diligence requirements for the intermediaries.  These include: (i) informing users about rules and regulations, privacy policy, and terms and conditions for usage of its services, including types of content which are prohibited, (ii) expeditiously taking down content upon an order from the government or courts, (iii) providing a grievance redressal mechanism to resolve complaints from users about violation of Rules, and (iv) enabling identification of the first originator of the information on its platform under certain conditions.  It also specifies a framework for content regulation of online publishers of news and current affairs and curated audio-visual content.  For an analysis of the IT Rules 2021 please see here.

Key changes proposed to the IT Rules 2021

Key changes proposed by the draft amendments are as follows:

  • Obligations of intermediaries:  The 2021 Rules require the intermediary to “publish” rules and regulations, privacy policy and user agreement for access or usage of its services.   The Rules specify restrictions on the types of content that users are allowed to create, upload, or share.  The Rules require intermediaries to “inform” users about these restrictions.  Proposed amendments seek to expand the obligation on intermediaries to include: (i) “ensuring compliance” with rules and regulations, privacy policy, and user agreement, and (ii) "causing users to not" create, upload, or share prohibited content.
     
  • The proposed amendments also add that intermediaries should take all reasonable measures to ensure accessibility of their services to all users, with a reasonable expectation of due diligence, privacy, and transparency.   Further, intermediaries should respect the constitutional rights of all users.  The Ministry observed that such a change was necessary as several intermediaries have acted in violation of the constitutional rights of citizens.
     
  • Appeal mechanism against decisions of grievance officers:  The 2021 Rules require intermediaries to designate a grievance officer to address complaints regarding violations of the Rules.  The Ministry observed that there have been instances where these officers do not address the grievances satisfactorily or fairly.  A person aggrieved with the decision of the grievance officer needs to approach courts to seek redressal.  Hence, the draft amendments propose an alternative mechanism for such appeals.  A Grievance Appellate Committee will be formed by the central government to hear appeals against the decisions of grievance officers.  The Committee will consist of a chairperson and other members appointed by the central government through a notification.  The Committee is required to dispose of such appeals within 30 days from the date of receipt.  The concerned intermediary must comply with the order passed by the Committee.  Note that the proposed amendments do not restrict users from directly approaching courts.
  • Expeditious removal of prohibited content:  The 2021 Rules require intermediaries to acknowledge complaints regarding violation of Rules within 24 hours, and dispose of complaints within 15 days.  The proposed amendments add that the complaints concerning the removal of prohibited content must be addressed within 72 hours.  The Ministry observed that given the potential for virality of content over internet, a stricter timeline will help in removing prohibited content expeditiously.

Comments on the draft amendments are invited until July 6, 2022.