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GS Paper: GS2

  • Project ‘Devika’: North India’s First River Rejuvenation nears completion

    Introduction

    • North India’s first river rejuvenation project, ‘Devika’, is nearing completion and will soon be inaugurated by Prime Minister.

    About Project ‘Devika’

    • Initiation: Launched in February 2019 by the PM, the project is modelled after the ‘Namami Ganga’ initiative.
    • Demand: The project, long demanded for renovation and rejuvenation, gained momentum after 2014, marking a significant development in river rejuvenation efforts in North India.
    • Project Execution: The Urban Environmental Engineering Department (UEED) of J&K is responsible for the LWM project’s construction.
    • Cultural Importance: The Devika River, revered as the sister of the sacred Ganges, holds great religious significance, particularly in Udhampur, Jammu & Kashmir.

    Key Features  

    • Liquid Waste Management (LWM): A separate LWM project is being implemented to maintain the river’s sanctity, involving a network of pipes and manholes connecting households.
    • Solid Waste Management (SWM): Alongside LWM, an SWM project is integral to preserving the river’s sanctity.
    • Infrastructure Development: The project includes three sewage treatment plants, a 129.27 km sewerage network, the development of cremation ghats, protection fencing, landscaping, and the establishment of small hydropower and solar power plants.

  • Debate on VVPAT Verification in Indian Elections

    vvpat

    Introduction

    • Recent Developments: A political alliance, has requested a meeting with the Election Commission of India (ECI) to discuss and suggest changes regarding the use of Voter Verifiable Paper Audit Trail (VVPAT) machines.
    • Proposal: The alliance proposes that VVPAT slips be handed to voters to place in a separate ballot box, with 100% counting of these slips, to enhance trust in the electoral process.

    What are VVPATs?

    • Function and Purpose: VVPAT machines, attached to EVMs, print a slip showing the voter’s choice, allowing voters to verify their vote for seven seconds before the slip drops into a secured box.
    • Development History: The concept emerged in 2010, leading to the creation of prototypes by Bharat Electronics Limited (BEL) and Electronics Corporation of India (ECIL). After trials and feedback, the design was approved in February 2013.
    • Implementation: The Conduct of Elections Rules, 1961, were amended to incorporate VVPATs. They were first used in Nagaland’s Noksen Assembly constituency in 2013 and were implemented in all polling stations by the 2019 Lok Sabha elections.

    Current VVPAT Slip Counting Protocol

    • EC’s Decision Process: In 2018, the ECI consulted the Indian Statistical Institute (ISI) to determine a statistically robust sample size for VVPAT slip verification.
    • Existing Protocol: Initially, VVPAT slips of one randomly selected polling station per Assembly constituency were counted. This was increased to five polling stations per Assembly seat after a Supreme Court judgment in 2019.
    • ISI Recommendation: The ISI suggested counting VVPAT slips from 479 EVMs to ensure a high confidence level that the proportion of defective EVMs is less than 2%.

    Election Commission’s Stance

    • Current Verification Adequacy: The EC argues that the current practice of verifying VVPATs from five polling stations per Assembly seat exceeds the ISI’s recommendation.
    • Reliability Record: The EC highlights that in past elections, no cases of vote misattribution were detected in VVPAT checks, attributing discrepancies to human errors.
    • Concerns over Full Verification: The EC views 100% VVPAT verification as regressive, time-consuming, and prone to human error, akin to manual ballot voting.

    Conclusion

    • Debate on Electoral Integrity: The discussion around VVPAT verification reflects ongoing concerns about ensuring electoral integrity and public trust in the voting process.
    • Challenges Ahead: Balancing the need for efficient electoral processes with the imperative of maintaining voter confidence remains a critical challenge for the ECI and political parties in India.

  • Why is Upskilling necessary for the Rural Youth?

    upskill

    Introduction

    • Trend of Urbanization: Despite the UN’s projection that nearly 50% of India’s population will reside in urban areas by 2047, many rural youths express a preference to stay in their villages.
    • Life Skills Collaborative Discussion: A group discussion revealed that rural youth aspire to remain in their villages, highlighting the need to focus on those who choose not to migrate to urban areas.

    Rural Income Sources and Occupational Shifts

    • Primary Livelihood: Farming is the predominant source of income in rural areas, often supplemented by children working on family farms.
    • Agrarian Crisis Indicators: A significant shift from agriculture to non-farming jobs is occurring, with National Sample Survey Office data showing 34 million farmers moving to other sectors between 2004-05 and 2011-12.

    Strategies to Control Migration

    • Vocational Training: Providing vocational training in rural areas is key to controlling migration. This training should focus on skills relevant to rural life, allowing youth to secure livelihoods within their communities.
    • Educational Aspirations: Most rural students’ aspirations are limited to opportunities within their village vicinity. Upskilling initiatives like Delhi’s ‘Skills On Wheel’ should be made accessible in rural areas.

    Current State of Vocational Education in Rural India

    • Industrial Training Institutes: While these institutes aim to upskill rural populations, they often lack placement opportunities.
    • Lack of Skill Development Focus: Rural education currently does not emphasize skill development, which is crucial for the majority of youth who depend on schools for life skills.
    • LSC Voices 2023 Survey Findings: The survey revealed that two-thirds of youth aged 19-22 had never taken any vocational training, with only 5% enrolled in such courses.

    Improving Rural Education

    • Tailored Education: Rural education should integrate technical and life skills, making them accessible through formal education.
    • International Examples: Mexico’s tele-schools and Bhutan’s well-being-infused curriculum offer valuable models. Tele-schools provide value-based education, improving attitudes and aspirations, which can benefit the local economy.
    • Indian Initiatives: Organizations like NIIT Foundation and Pratham Institute are providing upskilling opportunities in rural areas. Hybrid life skilling programs are offered, focusing on industry-specific skills and life skills.

    Conclusion

    • Empowering Rural Youth: By offering skills in areas like agricultural mechanisation, pollution monitoring, nursing, and digital technologies, rural India can enhance employability in both traditional and non-traditional trades.
    • Creating a Dynamic Economy: Effective vocational training and education reforms can lead to a vibrant rural economy, where the aspirations of staying in villages are supported by sustainable livelihood opportunities.

  • Nrega, Nyay and PM-Kisan: Why do politicians rush to give direct benefits?

    Introduction

    • Revival of NYAY: A mainstream political party has revived its 2019 manifesto center-piece, the NYAY scheme (Nyuntam Aay Yojana or Minimum Income Scheme), ahead of the 2024 general election.
    • Promised Benefits: The party announced that if elected, the party would implement NYAY, providing women with an annual income of Rs 60,000-70,000.

    Background of NYAY and PM-KISAN

    • NYAY’s 2019 Proposal: Its 2019 manifesto promised NYAY to the poorest 20% of Indian families, guaranteeing Rs 72,000 annually to each eligible family.
    • Comparison with PM-KISAN: Around the same time, the incumbent government launched PM-KISAN, providing Rs 6,000 per year to farmer families, showcasing the appeal of direct benefit transfers (DBTs).

    Understanding Universal Basic Income (UBI) vs. Targeted Schemes

    • UBI Definition: UBI involves providing a basic income to every citizen, from the wealthiest to the poorest, with the simultaneous removal of all subsidies.
    • Differences with NYAY/PM-KISAN: These schemes are not UBI as they don’t remove existing subsidies, offer a smaller amount than a basic income, and are targeted rather than universal.

    Challenges and Questions Surrounding UBI and DBTs

    • Affordability: No country has been able to afford UBI due to its high costs and the population size, especially in countries like India.
    • Political Backlash: Removing existing subsidies to fund UBI could lead to significant political backlash.
    • Effectiveness of DBTs: Despite criticisms of being mere doles or freebies, DBTs have been seen as effective in alleviating economic distress in various situations.

    Rationale behind Direct Benefit Transfers

    • Economic Arguments: Direct cash transfers can stimulate local economies and create a virtuous cycle of development.
    • Empowerment: Providing cash can empower individuals to make their own decisions and invest in their futures.

    A Radical Policy Solution: Direct Cash Transfers

    • Provocative Proposition: In their 2010 book, “Just give money to the poor: The Development Revolution from the Global South,” authors Joseph Hanlon, Armando Barrientos, and David Hulme advocate for unconditional cash transfers to the poor.
    • Historical Shifts in Welfare Thinking: The book outlines four paradigm shifts in welfare policies:
      1. 16th-century England’s collective responsibility for subsistence.
      2. Increased social spending and introduction of pensions in late-19th-century Europe.
      3. Mid-20th-century recognition of an adequate standard of living as a human right.
      4. Early 21st-century trend in the Global South of using cash transfers to combat poverty and promote development.

    Case for Unconditional Cash Transfers

    • Argument for Simplicity and Effectiveness: The authors argue that providing money directly to the poor, without conditions, is a promising approach for reducing poverty and fostering long-term development.
    • Global Examples: They cite successful examples from Mexico, South Africa, Namibia, Brazil, Indonesia, and India (NREGA), where governments have implemented such policies.

    Implementation Challenges and Principles

    • Effective Implementation: Successful DBT programs require fairness, assurance, practicality, sufficient payment size, and political acceptability.
    • International Examples: Developed countries have implemented various forms of cash transfers, indicating the potential benefits of such policies.

    Public Perception and Political Strategy

    • Rejection of Higher Cash Transfers: The public’s rejection of 2019 NYAY offer suggests that implementation and trust are as crucial as the policy itself.
    • Political Discourse: The debate over DBTs often gets mired in political rhetoric, overshadowing the policy’s potential benefits and challenges.

    Conclusion

    • Balancing Act: India must balance the immediate relief provided by DBTs with long-term strategies for poverty alleviation and economic empowerment.
    • Learning from the Past: The revival of NYAY and the ongoing debate on DBTs provide an opportunity to learn from past experiences and design more effective and inclusive policies.
    • Future of Welfare Policies: As India approaches the 2024 general election, the discourse on NYAY, PM-KISAN, and similar schemes will play a crucial role in shaping the country’s welfare policies.

  • The blood management system needs a fresh infusion

    In defence of Syed Ahmad Afzal's 'Laal Rang' – Cafe Dissensus Everyday

    Central Idea:

    The article emphasizes the importance of addressing global disparities in blood collection and management for a resilient health system. It highlights the need for public-private partnerships, dispelling myths around blood donation, and implementing innovative models like the hub and spoke system to ensure equitable access to safe blood and its products.

     

    Key Highlights:

    • Global disparities in blood collection pose a challenge to healthcare systems worldwide.
    • Shortages in blood units impact critical healthcare services, risking lives and affecting surgeries and transplants.
    • The hub and spoke model, involving high-volume blood banks and smaller centers, can optimize blood distribution and reduce wastage.

    Seeing red: Randeep Hooda is out for blood in Laal Rang

    Case study to fetch good marks 

    “Lal Rang,” starring Randeep Hooda, unfolds the life-threatening impact of blood shortages in a small town, where individuals resort to illegal blood trade out of desperation. The movie underscores the urgent need for systemic improvements, showcasing the potential role of public-private partnerships and awareness campaigns.

    Key Challenges:

    • Global inequities in blood collection, with low-income countries receiving a disproportionately small share.
    • Persistent shortage of blood units in countries like India, affecting healthcare services and putting lives at risk.
    • Misconceptions around voluntary blood donation hinder efforts to address shortages.

    Key Terms:

    • Public-Private Partnerships (PPP)
    • Hub and Spoke Model
    • Blood Management Ecosystem
    • Voluntary Blood Donation
    • Global Disparities

     

    Key Phrases:

    • “Innovative models for blood collection and distribution.”
    • “Optimizing utilization through the hub and spoke model.”
    • “Dispelling myths around voluntary blood donation.”

     

    Key Quotes:

    • “The hub and spoke model is one such innovative method where high-volume blood banks act as a hub for smaller blood centers.”
    • “Over the course of three years, a surplus of 30 lakh blood units and related products were discarded due to expiration, degradation, and infections.”

     

    Key Examples and References:

    • The World Health Organization’s report on global disparities in blood collection.
    • Data points in Parliament revealing the discard of blood units over three years.
    • The study by Savitribai Phule Pune University highlighting the impact of blood shortages on accident victims.

     

    Key Statements:

    • “As we leave the COVID-19 pandemic behind us, the health paradigm must be prepared accordingly, with a focus on blood management.”
    • “Proactive engagement from the industry and active citizen participation are pivotal aspects of this concerted effort.”

     

    Key Facts:

    • India faced a shortage of over six lakh blood units in 2019-20 despite improvements in the blood management ecosystem.
    • The hub and spoke model can address critical gaps in blood availability, especially in resource-constrained settings.
    • A surplus of 30 lakh blood units and related products were discarded over three years due to various reasons.

     

    Critical Analysis:

    The article critically examines the global disparities in blood collection and the impact of shortages on healthcare services. It emphasizes the need for innovative solutions like the hub and spoke model while addressing misconceptions around voluntary blood donation.

     

    Way Forward:

    • Strengthen public-private partnerships to improve blood collection and distribution.
    • Implement the hub and spoke model to optimize blood utilization and reduce wastage.
    • Conduct targeted awareness campaigns to dispel myths and encourage voluntary blood donation.

  • I-T searches, a form of extra-constitutional power

    I-T searches, a form of extra-constitutional power - The Hindu

    Central Idea:

    The article critiques the persistent judicial deference in interpreting statutes related to privacy rights in India, despite a significant Supreme Court decision in 2017. It focuses on the unchecked power granted to tax authorities under Section 132 of the Income Tax Act, highlighting the need for proportionality and stricter judicial review in executive actions.

    Key Highlights:

    • The 2017 Supreme Court decision affirmed the fundamental right to privacy but hasn’t significantly impacted the interpretation of related statutes.
    • Section 132 of the Income Tax Act grants broad powers to tax authorities, allowing searches without judicial warrants.
    • Recent incidents, like a lawyer’s raid, raise concerns about the abuse of these powers and the lack of safeguards.

    Key Challenges:

    • The persistence of a culture of judicial deference to executive authority in interpreting statutes.
    • The broad and unchecked powers granted to tax authorities under Section 132 of the Income Tax Act.
    • Lack of proportionality and strict judicial review in executive actions, risking potential abuse of power.

    Key Terms:

    • Judicial Deference
    • Section 132 of the Income Tax Act
    • Proportionality
    • Fundamental Right to Privacy
    • Executive Authority

    Key Phrases:

    • “Culture of justification”
    • “Judicial Deference”
    • “Doctrine of proportionality”
    • “Wednesbury rule”

    Key Quotes:

    • “The promised culture of justification is rarely on show, replaced by a culture of judicial deference.”
    • “Search and seizure powers must adhere to the doctrine of proportionality, ensuring a balance between means and violated rights.”

    Key Examples and References:

    • The Gujarat High Court questioning income-tax authorities on a lawyer’s raid.
    • The evolution of income-tax laws, especially the 1961 legislation and the subsequent Supreme Court cases.

    Key Statements:

    • “Post-Puttaswamy, there ought to be no place for the Wednesbury rule, especially when fundamental rights are at stake.”
    • “The state’s power to search and seize must be subject to the doctrine of proportionality.”

    Critical Analysis:

    The article critically examines the inconsistency in judicial interpretation post the Puttaswamy case, emphasizing the need for a more stringent review of executive actions, particularly in cases involving privacy rights. It questions the application of the Wednesbury rule and advocates for a proportional and justifiable approach.

    Way Forward:

    • Advocate for a reevaluation of Section 132 of the Income Tax Act in light of the Puttaswamy judgment.
    • Emphasize the importance of proportionality and judicial scrutiny in executive actions, especially those involving fundamental rights.
    • Call for a more comprehensive and balanced approach to interpreting statutes, ensuring protection against arbitrary executive excesses.

  • Nationwide Transportation Strike: Protests against Bharatiya Nyaya Sanhita

    Strike

    Central Idea

    • The nationwide transportation strike entered its second day, causing huge disruptions across the country.
    • The strike, involving truck, bus, and tanker drivers, is a protest against stringent regulations under the Bharatiya Nyay Sanhita (BNS) for hit-and-run cases.

    Background of the Strike: BNS Provisions

    • Implementation of BNS: The Bharatiya Nyaya Sanhita, which introduces tougher penalties for hit-and-run cases, has not yet been implemented.
    • Comparison with IPC: The new law replaces Section 304A of the Indian Penal Code, which had a lesser punishment for causing death by negligence.
    • Section 106 Controversy: Transporters are protesting Section 106 of the BNS, which increases punishment for rash and negligent driving to a maximum of 10 years.
    • Section 106(1) and 106(2): These sections provide for punishments in hit-and-run cases, with Section 106(1) offering a lesser sentence for those who report accidents.
    • Abiding to Supreme Court Observations: The increase in sentence duration to 10 years is based on the Supreme Court’s recommendations for stricter actions against reckless drivers who flee accident scenes.

    Protesters’ Concerns and Demands

    • Fear of Unjust Punishments: Transport operators argue that the new law could lead to unfair punishments and expose drivers to mob violence.
    • Lack of Stakeholder Consultation: There is a sentiment that the law was passed without adequate discussion with relevant stakeholders.
    • Skepticism about Government Promises: All India Motor Transport Congress expressed doubts about the government’s assurances, predicting fuel shortages and driver protests.

    Impact of the Strike

    • Widespread Disruptions: The strike has significantly impacted transportation, especially in northern states like Uttar Pradesh, Punjab, Himachal Pradesh, and others, as well as West Bengal, Odisha, and southern states.
    • Fuel Shortages: Long queues at petrol pumps have been reported, indicating a hit to fuel supply.

    Conclusion

    • Continued Protests: Despite some transport bodies calling off the strike, others continue to protest, affecting transportation and fuel supply.
    • Need for Dialogue: The situation underscores the need for further dialogue between the government and transport stakeholders to address concerns and find a resolution.

  • Suspending the Free Movement Regime: India’s Border Policy with Myanmar

    Free Movement Regime

    Central Idea

    • On January 2, the Indian government announced plans to scrap the Free Movement Regime (FMR) along the Myanmar border.
    • Residents in border areas, previously able to cross freely, will now require visas.

    About Free Movement Regime

    • Initiated in the 1970s, the FMR allowed people living within 16 km of the India-Myanmar border to travel up to 16 km into the other country without a visa.
    • India shares a 1,643 km-long border with Myanmar, which passes through the States of Arunachal Pradesh (520 km), Nagaland (215 km), Manipur (398 km), and Mizoram (510 km).
    • This regime recognized the deep-rooted familial and ethnic connections between communities on either side of the unfenced border.
    • The FMR was last revised in 2016, aligning with India’s Act East policy. However, it was suspended in Manipur since 2020 due to the COVID-19 pandemic.

    Reasons for the Policy Shift

    • Security and Illegal Activities: The FMR has been under scrutiny for facilitating illegal immigration, drug trafficking, and insurgency.
    • Refugee Influx Post-Coup: Following Myanmar’s military coup in February 2021, over 40,000 refugees entered Mizoram, and around 4,000 entered Manipur, exacerbating security concerns.
    • Local Government Stance: Manipur’s Chief Minister urged the Ministry of Home Affairs to cancel the FMR and complete border fencing, linking ethnic violence in the state to the free movement across the border.

    Implications of Scrapping the FMR

    • Impact on Local Communities: Ending the FMR could significantly affect the daily lives of border residents, who depend on cross-border access for various needs.
    • Cultural and Social Disruption: The policy change might strain the cultural and social fabric of communities with shared ethnicities across the border.

    Way forward

    • Border Fencing: The government plans to fence about 300 km of the border, with a tender expected soon.
    • Regulatory Revisions: Experts suggest refining the FMR to better regulate movement while maintaining cross-border ties.
    • Infrastructure and Trade: Enhancing infrastructure and formalizing trade at designated entry points could mitigate some negative impacts.
    • Community Engagement: Involving border communities in decision-making is crucial for effective and sensitive border management.

    Conclusion

    • Balancing Security and Community Needs: The decision to end the FMR requires a nuanced approach that considers both national security and the rights of border communities.
    • Diplomatic Engagement: Strengthening diplomatic relations with Myanmar is key to managing this transition effectively.
    • Future Challenges: As India navigates this policy change, it faces the challenge of securing its borders while respecting the socio-economic realities of border populations.

  • Kapil Sibal writes: The Collegium system has failed India

    Burning Issue] Judiciary in Times of COVID-19 Outbreak - Civilsdaily

    Central Idea:

    The author highlights the challenges faced by the Indian judiciary, emphasizing the need for unbiased judges and a political system that separates religion from politics. The use of religious sentiments for divisive purposes is criticized, calling for a transparent and merit-based judicial appointment system.

    Key Highlights:

    • Judicial challenges in handling a growing population and increasing litigations.
    • Delayed justice in the Supreme Court, impacting the relevance of decisions.
    • Concerns about the quality of judges and perceived ideological alignments in appointments.
    • Critique of the current collegium system and its lack of transparency.

    Key Challenges:

    • Overburdened judiciary with a rising number of cases.
    • Delayed justice affecting the effectiveness of legal decisions.
    • Perceived ideological biases in judicial appointments.
    • Lack of a transparent and merit-oriented system for judge selection.

    Key Terms:

    • Collegium System: The system of appointing judges through a committee of senior judges.
    • Ideological Alignment: Alleged connections between judges and specific political or religious ideologies.
    • Judicial Hierarchy: The levels of the judicial system, with the Supreme Court being the highest.

    Key Phrases:

    • “Bedevilled with challenges”: Describing the complex issues faced by the judiciary.
    • “Divide and rule”: Criticizing the use of religious emotions for political manipulation.
    • “Seminal issues”: Highlighting the critical issues decided by the Supreme Court.

    Key Quotes:

    • “India needs judges who deliver justice unconcerned with majoritarian sentiments.”
    • “The collegium system has failed us.”
    • “For the judiciary to regain its glory, it needs to do more than just decide on cases.”

    Key Examples and References:

    • Reference to the Chief Justice addressing dormant cases but acknowledging the urgency needed.
    • Critique of the appointment of judges based on perceived proximity to political power.

    Key Facts and Data:

    • Increase in litigants seeking justice due to a burgeoning population.
    • Delayed hearings and decisions in the Supreme Court.
    • Issues with the current system of appointing judges.

    Critical Analysis:

    The author criticizes the judiciary’s current state, highlighting issues of delayed justice, ideological biases, and the failure of the collegium system. Emphasis is placed on the need for transparency and merit in the appointment process.

    Way Forward:

    • Reforming the judicial appointment process to ensure transparency and meritocracy.
    • Addressing the backlog of cases to expedite justice delivery.
    • Advocating for a political system that separates religion from politics to avoid divisive agendas.

  • Raj Bhavan needs radical reforms

    Kerala Conundrum: As Arif Khan 'Withdraws Pleasure' in FM, News18 Decodes if Guv Can Sack a Minister - News18

    Central Idea:

    The conduct of Governors in Opposition-ruled States, exemplified by the recent actions of Kerala’s Governor, raises concerns about adherence to constitutional morality, necessitating a reevaluation of their roles and legal consequences.

    Key Highlights:

    • Kerala’s Governor, Arif Mohammed Khan, faced criticism for instructing the removal of posters and accusing the Chief Minister of supporting activists against him.
    • Breaches of protocol, such as an unannounced tour of Kozhikode, added to the growing trend of Governors’ controversial actions.
    • While the Constitution outlines functions, powers, and duties of Governors, the concept of constitutional morality should guide their public behavior.
    • Reference to NCT of Delhi v. Union of India highlights the responsibility of individuals occupying constitutional offices.
    • Article 361 provides limited immunity for Governors, exempting them from court scrutiny for official acts.
    • Rameshwar Prasad v. Union of India establishes judicial review for cases of Governor’s motivated and whimsical conduct, suggesting accountability.
    • Kaushal Kishor v. State of Uttar Pradesh clarifies that public functionaries’ freedom of expression is subject to reasonable restrictions.
    • Ministers can be held personally liable for statements inconsistent with government views, emphasizing personal responsibility.
    • Sarkaria Commission Report (1988) criticized Governors for lacking impartiality and becoming agents of the Union, emphasizing the need for detachment.
    • Justice M.M. Punchhi Commission (2010) recommended restricting Governors from roles not envisaged by the Constitution, citing potential controversies.

    Key Challenges:

    • Governors’ failure to display impartiality and sagacity, engaging in local politics and controversies.
    • Lack of adherence to recommendations for detached roles and limitations on Governors’ powers.

    Key Terms and Phrases:

    • Constitutional morality
    • Limited immunity (Article 361)
    • Judicial review
    • Chancellorship of universities
    • Sarkaria Commission
    • Punchhi Commission
    • Democratic legitimacy
    • Raj Bhavans

    Key Quotes:

    • “Constitutional morality places responsibilities and duties on individuals who occupy constitutional institutions and offices.” – NCT of Delhi v. Union of India (2018)
    • “Some Governors have failed to display the qualities of impartiality and sagacity expected of them.” – Sarkaria Commission Report (1988)
    • “The Governor should be a detached figure and not too intimately connected with the local politics of the State.” – Justice M.M. Punchhi Commission report (2010)

    Key Statements:

    • Judicial review possible for Governor’s misbehavior unconnected with official duty.
    • Sarkaria and Punchhi Commission reports emphasize the need for Governors’ impartiality and limited involvement in local politics.
    • Kerala Assembly’s attempt to abolish Governor’s chancellorship raises concerns about democratic legitimacy.

    Critical Analysis:

    • The Governor’s actions in Kerala highlight a deviation from democratic norms and raise questions about the democratic legitimacy of gubernatorial decisions.
    • Commission reports expose longstanding issues with Governor appointments and their roles, calling for systemic changes.

    Way Forward:

    • Future regimes should consider amending Article 155 to ensure Chief Minister consultation in Governor appointments, addressing recommendations from the Sarkaria report.
    • Establishment of an independent body for Governor selection, with input from the Chief Justice of India, may enhance the quality of the selection process.
    • Legal prohibitions against Governors’ further rehabilitation in official capacities could contribute to improving the functioning of Raj Bhavans.