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GS Paper: GS2

  • The IITs are overcommitted, in crisis

    iit

    Central idea 

    The article focuses on challenges facing IITs, such as quality concerns, faculty shortages, and questionable overseas expansions. The central idea emphasizes prioritizing quality, addressing faculty shortages, evaluating international ventures carefully, and promoting collaboration with industries for sustained excellence in Indian higher education.

    Key Highlights:

    • IITs as Crown Jewels: IITs are globally renowned, known as India’s premier higher education institutions, producing leaders in high-tech fields.
    • Global Ventures: IIT-Madras opens a branch in Zanzibar, raising questions about international expansion and its purpose.
    • Domestic Expansion: IIT system expanded post-2015, facing challenges in maintaining high standards and faculty shortages.

    Challenges:

    • Quality Concerns: New IITs struggle to match the standards of traditional institutes, with varying levels of prestige.
    • Faculty Shortage: Severe shortage of academics in the IIT system, hindering quality education.
    • Overseas Campus Questions: Questions arise about the motivation and preparedness for IITs’ international expansion, such as the Zanzibar venture.
    • Standard Disparity: Unequal standards among IITs, with new institutions struggling to meet the excellence of traditional ones.

    Analysis:

    • Quality Building Challenge: Ensuring quality in new IITs becomes a significant challenge, affecting the prestige of the entire system.
    • Faculty Shortage Impact: Severe academic shortages affect the overall functioning and reputation of the IIT system.
    • Domestic Expansion Questioned: The wisdom of expanding the IIT system domestically is questioned, considering the challenges faced.

    Key Data:

    • IIT Enrollment: Enrolment in all 23 IITs exceeds 1,20,000, indicating increased access and opportunity.
    • Vacant Seats: In 2021-22, 361 undergraduate, 3,083 postgraduate, and 1,852 PhD seats remained empty in new IITs.
    • Faculty Vacancies: Out of 10,881 sanctioned posts in 2021, 4,370 were vacant, signaling a severe shortage

    Background:

    • Established in 1950, the Indian Institutes of Technology (IITs) emerged as premier higher education institutions. Initially rooted in partnerships with foreign technological universities, they aimed to contribute to national development by producing leaders in high-tech fields.
    • The early IITs, such as Kharagpur, built a reputation for excellence through collaborations with institutions in the United States, the Soviet Union, the United Kingdom, and Germany.

    Objectives:

    • Excellence in Technology: The primary objective was to excel in technological education and research, aligning with global standards.
    • National Development: IITs aimed to contribute significantly to India’s development by producing skilled professionals in engineering and technology.
    • Global Recognition: Striving for global recognition, IITs sought to establish themselves as hubs of cutting-edge research and innovation.
    • Industry Interface: Bridging the gap between academia and industry, fostering collaborations to address real-world challenges.

    The vision behind IITs

    • Nurture Talent: Fosters and nurtures exceptional talent in the field of science, engineering, and technology.
    • Drive Innovation: Serves as a catalyst for innovation, pushing the boundaries of research and technological advancements.
    • Contribute Globally: Produces graduates and research outputs that make substantial contributions at both the national and global levels.
    • Maintain Quality: Upholds a commitment to maintaining high academic standards and a reputation for excellence.

    Way Forward:

    • Quality Over Quantity: Prioritize quality in new IITs over rapid expansion.
    • Address Faculty Shortage: Attract and retain top talent through competitive salaries.
    • Evaluate Overseas Ventures: Assess the purpose and viability of overseas campuses, ensuring high standards.
    • Standardization Efforts: Implement measures to standardize the quality and prestige across all IITs.
    • Industry Collaboration: Foster collaboration with industries to bridge the gap between academia and emerging sectors.

  • What is Bletchley Park Declaration?

    Bletchley Park Declaration

    Central Idea

    • The recent AI Safety Summit held at Bletchley Park, the historic site of World War II code-breakers, brought together nations, computer scientists, and tech leaders to address the challenges and opportunities posed by artificial intelligence (AI).
    • India, a significant participant alongside countries like the US, UK, and China, played a pivotal role in shaping the global AI governance landscape.

    Bletchley Park Declaration

    • Global Agreement: The Bletchley Park Declaration aims to establish a shared understanding of the risks and opportunities posed by “frontier AI.”
    • Partners: The summit led to a groundbreaking agreement signed by 28 major countries, including India, the US, China, and the European Union.
    • Frontier AI Defined: Frontier AI refers to highly advanced generative AI models with potentially dangerous capabilities that can pose significant risks to public safety.

    India’s Stance

    • Global Action: India emphasized the importance of international cooperation to address AI risks effectively, aligning with the views of other participating nations.
    • Prioritizing Safety and Trust: Indian Minister of State for IT, Rajeev Chandrasekhar, highlighted the need to ensure that AI represents safety and trust. India’s perspective has evolved from initially hesitating to regulate AI to actively formulating risk-based regulations.
    • Global Framework: India’s PM had earlier called for a global framework on “ethical” AI tools, signalling a shift towards proactive regulation.

    Global Opinion on AI Governance

    • Diverse Responses: The AI policy response varies across nations. The EU has proposed a comprehensive AI Act, while the UK adopts a “light-touch” approach to foster innovation. The US positions itself between these extremes, focusing on safety and ethics.
    • Regulatory Scrutiny: Policymakers worldwide have increased regulatory scrutiny of generative AI tools, prompted by concerns related to privacy, bias, and intellectual property rights.

  • Pakistan’s Illegal Deportation of Afghan Refugees

    afghan refugee

    Central Idea

    • Pakistan’s government has recently implemented an order mandating the expulsion of all foreigners, with a significant impact on Afghan refugees, the largest refugee group in Pakistan.
    • This move has raised questions about the fate of Afghan migrants returning to a country facing numerous challenges, including a collapsed economy, natural disasters, food insecurity, and human rights issues under Taliban rule.

    Afghan Refugees in Pakistan

    • Historical Background: Afghan refugees have sought shelter in Pakistan since the late 1970s, primarily due to the Soviet invasion of Afghanistan in 1979. Subsequently, they fled during the Afghan civil war in the 1990s and the Taliban regime’s rule.
    • Afghan Refugee Population: Pakistan is home to over 4 million Afghans, with an estimated 1.7 million lacking proper documentation.
    • Deportation Deadline: The government set a deadline of October 31 for illegal migrants to leave Pakistan, after which they would face arrest and expulsion.
    • Deportation Process: Hours before the deadline, authorities began rounding up undocumented migrants, demolishing some homes to compel them to leave.
    • Border Crossings: Thousands of Afghans crossed into Afghanistan through border crossings, including Torkham and Chaman.

    Reasons for Deportation

    • Economic Concerns: Pakistan cites economic strain as a key reason for deportation, asserting that undocumented migrants who do not pay taxes strain its limited resources.
    • Security Concerns: Authorities claim that Afghan migrants have been involved in terror attacks, street crimes, and organized crimes like drug trafficking. They are accused of participating in attacks against the government and the army.
    • Political Timing: The deportation coincides with Pakistan’s caretaker government, insulating it from potential political or electoral repercussions.

    Refugee Convention,1951

    • The 1951 Convention Relating to the Status of Refugees is one of the cornerstone instruments of refugee protection. It defines who a refugee is and outlines their rights and responsibilities.
    • It also provides a non-refoulement principle, which prohibits states from returning refugees to a country where they would face persecution.
    • The 1967 Protocol Relating to the Status of Refugees expanded the geographic scope of the 1951 Convention and removed the temporal and geographic limitations, making the Convention universally applicable.

    Challenges for Returnees

    • Uncertain Future: Afghan migrants returning to Afghanistan face an uncertain future amid economic collapse, earthquakes, food shortages, and human rights violations under Taliban rule.
    • Education and Employment: Women and girls returning to Afghanistan may be denied education and job opportunities.
    • US-Affiliated Migrants: Those who worked for the US before the Taliban’s takeover are particularly vulnerable.

    Taliban’s Response

    • Criticism and Request for Time: The Taliban has criticized the deportations and asked for more time to prepare for the returnees.
    • Humanitarian Efforts: Afghan authorities are establishing temporary camps near the border to provide food, shelter, healthcare, and SIM cards to returnees. The Taliban has expressed a willingness to assist them in finding jobs.

    Conclusion

    • This deportation is a contentious move driven by economic and security concerns.
    • The international community, including the Taliban, is grappling with the challenges posed by this situation, particularly as winter approaches and Afghanistan faces additional hardships.

  • Is the United Nations toothless in ending wars?

    Central idea 

    The article discusses the escalating conflicts in the Israel-Hamas and Russia-Ukraine situations, questioning the UN’s effectiveness in maintaining global peace. It highlights challenges such as the post-Cold War dilemma, erosion of the liberal order, and veto impasse, emphasizing the need for innovative conflict resolution mechanisms, UN reforms, and global public engagement to address the complexities in today’s geopolitical landscape.

    Key Highlights:

    • Escalating Conflicts: Israel-Hamas clashes intensify post-October 7 attack. Simultaneous Russia-Ukraine conflict adds global complexity.
    • Strategic Dialogue: Rakesh Sood and Vivek Katju discuss UN’s peacekeeping challenges. Moderated by Kallol Bhattacherjee, the dialogue addresses current geopolitical unrest.
    • Global Impact: UN’s role questioned in resolving modern conflicts. Increasing doubts about UN’s effectiveness in maintaining global peace.
    • Diverse Perspectives: Perspectives on the liberal international order and its alleged demise. Shift from unipolarity to multipolarity examined in the post-Cold War era.

    Challenges:

    • Post-Cold War Dilemma: Diminished UN conflict resolution post-Cold War. Major powers’ discord paralyzes UN decision-making.
    • Erosion of Liberal Order: Dispute over the existence of a liberal international rules-based order. Unipolar moment disappears by 2008, raising concerns.
    • Veto Impasse: UNSC’s efficacy hampered by veto powers. National interests obstruct addressing conflicts effectively.
    • Internal Israeli Complexities: Netanyahu’s divisive leadership influences Israel’s stance. Domestic protests and judicial reforms contribute to complexity.
    • Global Power Discord: Lack of consensus among major powers hinders UN efforts. Veto powers in the UNSC obstruct conflict resolution.
    • Nuances in Israel’s Approach: Israel’s response to Hamas extends beyond national security. Commitment to eliminating Hamas reflects deep resolve.
    • UN’s Passive Role: Criticism for UN’s passive role in recent conflicts. Major powers’ differences render the UN a bystander.
    • Shift to Multipolarity: Multipolarity after 2008 presents challenges. Multipolarity without multilateralism leads to chaos.

    Concerns:

    • Global Power Discord: Lack of consensus hinders UN’s conflict resolution. Veto powers impede the organization’s ability to act decisively.
    • Nuances in Israel’s Approach: Israel’s response to Hamas goes beyond national security. Commitment to eliminating Hamas reflects a profound resolve.
    • UN’s Passive Role: UN criticized for passive role in recent conflicts. Major powers’ differences render UN a bystander.
    • Shift to Multipolarity: Transition to a multipolar world after 2008 presents challenges. Multipolarity without effective multilateralism leads to chaos.

    Analysis:

    • Inert UN Dynamics: UN’s perceived ineffectiveness raises questions. Major powers’ disagreements cripple the UN’s active role.
    • Multipolarity Challenges: Emergence of a multipolar world introduces complexities. Lack of a new order suited for a multipolar world contributes to global unrest.
    • Strategic US Interventions: US interventions post-Cold War questioned for legitimacy. Iraq, Afghanistan, Mali, and Libya conflicts showcase UN’s limited role.
    • Dilemmas in Conflict Resolution: Complexities in resolving conflicts beyond traditional UN approaches. Calls for exploring alternative mechanisms acknowledging evolving geopolitical landscapes.

    Key Terms:

    • UN, Israel-Hamas conflict, Russia-Ukraine crisis, liberal international order, multipolarity, major powers, ceasefire.

    Way Forward:

    • Revamping Conflict Resolution: Urgency in exploring innovative conflict resolution mechanisms. Recognition of complexities beyond traditional UN paradigms in today’s geopolitical scenario.
    • India’s Global Role: Acknowledges India’s increasing global significance. Emphasizes the need for realistic expectations given the superior dynamics at play.
    • Multilateral Diplomacy: Strengthening multilateral diplomatic efforts for conflict resolution. Encouraging dialogue and cooperation among major powers to overcome discord.
    • UN Reforms: Advocating reforms in UN structures for increased agility. Addressing veto-related challenges to enhance the UN’s role in global peacekeeping.
    • Global Public Engagement: Fostering global public engagement in conflict resolution. Leveraging public sentiment to influence diplomatic decisions and encourage peaceful solutions.

  • Isthmus of Kra Land Bridge Project

    Isthmus of Kra

    Central Idea

    • Thailand, with its distinctive geography resembling a plume of smoke rising from the sea, is considering a bold and historic project – the creation of an Isthmus of Kra Land Bridge.
    • This project aims to revolutionize global trade routes and significantly impact Thailand’s economy.

    About the Isthmus of Kra

    Details
    Location Southern Thailand, separating the Malay Peninsula
    Width Approximately 44 km
    Geographic Features Connects Andaman Sea (west) to South China Sea (east)
    Strategic Importance Historical trade route; potential shortcut for maritime trade

     

    The Land Bridge Project: A Historical Dream

    • Centuries-Old Idea: The dream of connecting Thailand’s two coasts across the Isthmus of Kra dates back to King Narai the Great of the Ayutthaya Kingdom in 1677.
    • Early Efforts: British and French colonial interests led to surveys and studies in the 19th century to create a maritime channel through the isthmus.
    • Modern Proposal: In 2021, Thailand introduced a new proposal, envisioning a land bridge instead of a canal.

    Current Vision

    • Reducing Shipping Distance: Thai PM envisions a 90-kmland bridge with road and rail networks, connecting deep-sea ports on both coasts.
    • Strait of Malacca Alternative: This project could offer a shorter, safer, and cost-effective route, saving approximately 1,200 km and 2 to 3 days of travel compared to the congested Strait of Malacca.
    • Economic Benefits: It aims to stimulate economic growth, create jobs, and reduce transport time, benefiting Thailand’s economy and its position in Southeast Asia.

    Conclusion

    • Thailand’s proposal to create an Isthmus of Kra Land Bridge reflects its ambition to redefine global trade routes, boost its economy, and strengthen its role in Southeast Asia.
    • While financial, geopolitical, and environmental challenges loom large, this project symbolizes Thailand’s determination to shape its future on the world stage.

  • SC flags Selective Confidentiality in Electoral Bonds

    Electoral Bonds

    Central Idea

    • The Supreme Court expressed concerns about the selective confidentiality of the electoral bonds scheme, which allows the ruling party to discover the identities of donors to opposition parties.
    • The court questioned the government’s presumption of confidentiality and explored the potential disadvantages faced by opposition parties in the electoral process.

    About Electoral Bond Scheme

    Definition Banking instruments for political party donations with donor anonymity.
    Purchase Method Available to Indian citizens and Indian-incorporated companies from select State Bank of India branches. Can be bought digitally or via cheque.
    Donation Process Purchasers can donate these bonds to eligible political parties of their choice.
    Denominations Available in multiples of ₹1,000, ₹10,000, ₹10 lakh, and ₹1 crore.
    KYC Requirements Purchasers must fulfill existing KYC norms and pay from a bank account.
    Lifespan of Bonds Bonds have a 15-day life to prevent them from becoming a parallel currency.
    Identity Disclosure Donors contributing less than ₹20,000 need not provide identity details like PAN.
    Redemption Electoral Bonds can be encashed only by eligible political parties through an Authorized Bank.
    Eligibility of Parties Only parties meeting specific criteria, including securing at least 1% of votes in the last General Election, can receive Electoral Bonds.
    Restrictions Lifted Foreign and Indian companies can now donate without disclosing contributions as per the Companies Act.
    Objective To enhance transparency in political funding and ensure funds collected by political parties are accounted or clean money.

    Selective Confidentiality Challenges

    • Justice Khanna’s Address: The Judge pointed out that the ruling party had easier access to information about contributions to opposition parties, creating an imbalance in transparency.
    • State Bank of India’s Role: CJI Chandrachud questioned whether the SBI, through which electoral bonds were purchased, had a statutory obligation to maintain confidentiality.

    Government’s Defense

    • Confidentiality Key: The solicitor-General argued that confidentiality regarding donor identities and contributions was crucial to the electoral bonds scheme. He contended that eliminating the scheme would revert the country to a period when political donations were made in unaccounted cash, leading to black money circulation.
    • Economic Impact: He emphasized that the scheme aimed to channel clean money into the electoral system, reducing the influence of black money. He referred to a report highlighting the increase in income from unknown sources to political parties and the discovery of shell companies during the previous donation regime.

    Concerns Raised by CJI

    • Information Blackhole: The CJI noted that while the scheme aimed to bring white money into the electoral process, it introduced opacity, creating an “information blackhole.” He emphasized the need for proportionality in achieving the scheme’s objectives.
    • Expectations of Donors: Chandrachud questioned how substantial donations were consistently made to the ruling party, implying certain expectations from donors.
    • Donations Not Charity: Solicitor-General Mehta clarified that donors were primarily motivated by their own interests, often related to business or market-driven factors. He argued that larger donations to a party did not necessarily indicate an issue with the scheme.
    • Right to Privacy: Mehta argued that revealing the political affiliations of donors would infringe on their right to privacy.

    Transparency and Quid Pro Quo Concerns

    • Justice Khanna’s Query: Justice Khanna raised concerns about how confidentiality in the electoral bonds scheme could prevent quid pro quo arrangements between political parties and donors.
    • Proxy Donations: The judge questioned the possibility of parties funneling unaccounted money back into the system through proxy political donations.

    Conclusion

    • The Supreme Court’s scrutiny of the electoral bonds scheme centers on issues of transparency, confidentiality, and potential imbalances in the electoral process.
    • The court’s questions and concerns highlight the importance of ensuring fairness and proportionality in political funding mechanisms.

  • Maratha reservation: Why everyone wants a ‘sarkari naukri’ in New India

    Central idea 

    The article explores the paradox of a “New India” emphasizing private enterprise while various communities express a strong desire for state involvement. It delves into caste-based demands, the significance of the state as a safe haven, and the challenges arising from unchecked markets and weakened labour laws.

    Key Highlights:

    • Caste-based Demands: Yadav men in Gurugram seek the creation of an “Ahir regiment,” while Marathas in Maharashtra demand reservations.
    • Skill Development: Skill development programs aim to prepare youth for private sector jobs, but a Dalit youth in Ranchi desires government jobs for the respect they offer.
    • State’s Significance: Despite the emphasis on private enterprise in “New India,” many still seek social and economic mobility facilitated by the state.
    • Arbitrary State Action: The perception of an overweening state, especially in curbing perceived enemies, leads people to consider the state as a safe haven.
    • Regulation and Market: Expansion of private enterprise is accompanied by the state’s neglect of regulating the market, exposing vulnerabilities of the less privileged.
    • Labour Laws: Weakening labour laws favors private sector employers, making state jobs more appealing due to higher respectability and security.

    Challenges and Concerns:

    • Arbitrary State Actions: Fear of arbitrary state actions undermines the idea of a free and open society.
    • Market Unchecked: Lack of market regulation exposes vulnerable individuals to the excesses of the private sector.
    • Weakened Labour Laws: Dilution of labour laws jeopardizes decent working conditions and job security.

    Analysis:

    • Desire for State Involvement: Despite the push for a market-led society, people prefer the state for security and protection against arbitrary actions.
    • State’s Responsibility: The state’s retreat from regulating the market has shifted the balance, making state jobs more attractive.
    • Contradictions in New India: The narrative of private enterprise coexists with a strong desire for state involvement, indicating contradictions in the idea of “New India.”

    Key Data:

    • Skill India Programme: Launched in 2015 with the aim to train 402 million people by 2022.
    • 2015 Budget Allocation: Rs 5,040 crore allocated for skill development.
    • 11th Five Year Plan: (2007-2012) Witnessed the formulation of programs for skill development.

    Key Terms:

    • Ahir Regiment: Demands for a caste-specific army regiment by the Yadav community in Gurugram.
    • Skill Development Centres (SDCs): Private-run centers providing training in various domains.
    • Maratha Reservations: Ongoing demand for reservations by the Maratha community in Maharashtra.
    • New India: Characterized by the emphasis on private enterprise and entrepreneurial spirit.

    Way Forward:

    • Balanced State Involvement: Find a balance where the state ensures security without impinging on individual freedoms.
    • Market Regulation: Reinstate appropriate regulations to protect vulnerable individuals from market excesses.
    • Labour Laws: Reevaluate and strengthen labour laws to ensure decent working conditions and job security.
    • Public Awareness: Educate the public about the importance of a balanced relationship between the state and private enterprise.
    • Inclusive Policies: Implement inclusive policies that address the concerns of different communities and promote social and economic mobility.

  • Akhaura-Agartala Rail Link

    Akhaura-Agartala Rail Link

    Central Idea

    • The Akhaura-Agartala rail connection has been launched. After nearly seven and a half decades, Bangladesh and northeastern India are set to re-establish rail connectivity through Tripura.

    Akhaura-Agartala Rail Link

    • This rail link stretches over 12.24 km, with a 6.78 km dual gauge rail line in Bangladesh and 5.46 km in Tripura.
    • Akhaura junction, located in Bangladesh’s Brahmanbaria district, has historical ties with India’s northeastern region, dating back to the colonial era.
    • The connection was originally constructed in the late 19th century to cater to Assam’s tea industry’s demand for access to the Chittagong port.
    • The project gained momentum in 2010 when then-PM Manmohan Singh signed an agreement to rebuild the rail link during PM Sheikh Hasina’s visit to Delhi.

    Akhaura-Agartala Rail Link

    Significance of the project

    • Multilevel connectivity: Akhaura is currently well-connected by rail, river, and road to several industrial areas in Bangladesh, including Dhaka, Chittagong, and Sylhet.
    • NE connectivity: The rail link to Agartala is expected to enhance connections between India’s northeast and Chittagong, facilitating the transportation of goods.
    • Shortened Routes: The Akhaura link has the potential to significantly reduce travel time and distance for trains travelling to Tripura, southern Assam, Mizoram, Kolkata, and the rest of India, compared to the longer route via Guwahati and Jalpaiguri stations.
    • Unique Event: This event is unique as it marks the first direct rail connection between Akhaura and Agartala, with the first trains anticipated to run between Nishchintapur and Gangasagar stations.

    Commercial benefits

    • Trade Expansion: The rail link is expected to boost India-Bangladesh trade in various sectors, including agriculture products, tea, sugar, construction items, iron and steel, and consumer goods, while also fostering people-to-people relationships.
    • Expanded Connectivity: The Akhaura-Agartala rail route is seen as a significant initiative to enhance India’s connectivity with Southeast Asian regions, holding potential for regional economic growth.

  • TN moves Supreme Court against Governor over Bill withholds

    tn governor

    Central Idea

    • The Tamil Nadu state government has taken its concerns to the Supreme Court regarding the prolonged delay in the approval of Bills and Government orders by the Governor.

    TN Petition to the Supreme Court

    • Constitutional Challenge: The TN government has filed a Writ Petition under Article 32 of the Constitution of India.
    • Objective: The petition seeks a declaration that the Governor’s inaction, omission, and delay in assenting to Bills and considering Government orders forwarded by the Tamil Nadu State Legislature is unconstitutional, illegal, arbitrary, unreasonable, and a misuse of power.
    • Impact on Administration: The Governor’s delay in signing remission orders, day-to-day files, appointment orders, and granting approvals for prosecution is causing severe disruptions in the state administration.

    Article 32 of Indian Constitution

    • Article 32 grants individuals the right to move to the Supreme Court of India for the enforcement of their fundamental rights.
    • It is considered a fundamental right in itself and is often referred to as the “Right to Constitutional Remedies.”

    What are the Discretionary Powers of the Governor?

    The Constitution makes it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion.

    Constitutional Discretion:

    • Reservation of a bill for the consideration of the President (Article 200).
    • Recommendation for the imposition of the President’s Rule (Article 356) in the state.
    • While exercising his functions as the administrator of an adjoining union territory (in case of additional charge).
    • Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration.
    • Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

    Situational Discretion:

    • Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
    • Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
    • Dissolution of the state legislative assembly if the council of ministers has lost its majority.

    Can the Governor withhold His Assent to a Bill in Exercise of His Discretionary Powers?

    • While a plain reading of Article 200 suggests that the Governor can withhold his assent, experts question whether he can do so only on the advice of the Council of Ministers.
    • The Constitution provides that the Governor can exercise his executive powers only on the advice of the Council of Ministers under Article 154.
    • The larger question is why a Governor should be allowed to withhold assent when the Bill is passed by the Assembly.

    Rationale behind Governor’s Power

    • Checks and Balances: Delay in approval allows the Governor to scrutinize bills and orders more thoroughly, ensuring that they are in line with the constitution and the interests of the state.
    • Prevention of Hasty Decisions: It prevents hasty or ill-considered legislation from being passed, which might have unintended negative consequences.
    • Protection of Minority Rights: The Governor can act as a safeguard against the majority’s potentially oppressive decisions, protecting the rights and interests of minority groups.
    • Aid to Parliamentary Democracy: The delay provides time for public debate, expert opinions, and stakeholder consultations, which are essential aspects of parliamentary democracy.
    • Conflict Resolution: In situations where there are disputes between the state government and the center or between various state institutions, the Governor’s involvement can facilitate resolution.

    Issues with the delays

    • Delay in Decision-Making: The Governor’s failure to take a decision on the Bills passed by the legislature leads to a delay in decision-making, which affects the effective functioning of the state government.
    • Delay in Implementation of Policies and Laws: When the Governor fails to make a decision on a Bill passed by the assembly, it delays the implementation of policies and laws.
    • Undermines the Democratic Process: The Governor, who is appointed by the Centre, can use his powers to delay or reject Bills passed by state assemblies for political reasons, which undermines the democratic process.
    • Public Perception: The public often views pending Bills with the Governor as a sign of inefficiency or even corruption in the state government, which can damage the government’s reputation.
    • Constitutional Ambiguity: There is ambiguity in the Constitution regarding the Governor’s power to withhold assent.
    • Lack of Accountability: When the Governor withholds assent, he does not provide any reason for his decision.

    Recent Instances of Withholding Assent

    • Chhattisgarh (2020): The Chhattisgarh Governor withheld assent to a bill amending the Chhattisgarh Lokayukta Act, 2001.
    • Tamil Nadu (2021): The Tamil Nadu Governor reserved a bill exempting state students from NEET medical entrance exams for the President’s consideration after a significant delay.
    • Kerala (2023): Kerala’s Governor signed five bills into law but withheld assent to six others, citing concerns about their constitutionality and legality.

    Mains Marks Enhancer: Supreme Court’s Stance and Commission Recommendations

    • Nabam Rebia and Bamang Felix vs Dy.Speaker (2016): The SC clarified that a Governor’s discretion under Article 200 is limited to deciding whether a bill should be reserved for the President’s consideration. The Court emphasized that actions or inactions by the Governor regarding bill assent can be subject to judicial review.
    • Punchhi Commission (2010): This commission recommended the establishment of a time limit within which the Governor should decide on granting assent or reserving a bill for the President’s consideration.
    • National Commission to Review the Working of the Constitution (NCRWC): NCRWC proposed a four-month time limit for the Governor to decide on a bill’s fate. It also suggested the removal of the Governor’s power to withhold assent except in cases explicitly stipulated in the Constitution.

    Conclusion

    • The dispute between the government and the Governor underscores the importance of timely decision-making to ensure the effective functioning of the state administration.

  • Ethics, parliamentary conduct and the Indian MP

    parliamentary conduct

    Central idea

    The Lok Sabha Ethics Committee is checking if Mahua Moitra took money for asking questions, mixing parliamentary rules with possible law-breaking. Without a clear definition of ‘unethical conduct,’ it shows the challenge of balancing parliamentary norms and legal issues. The case highlights the complex process of handling allegations of misconduct among MPs.

    Key Highlights:

    • Mahua Moitra, a Trinamool Congress MP, faces proceedings from the Lok Sabha Ethics Committee over allegations of receiving money for posing questions in Parliament.
    • Accepting money for parliamentary work is considered a breach of privilege and contempt of the House.
    • Past instances include expulsion of MPs found guilty of accepting money for putting up questions, emphasizing the seriousness of such charges.

    Challenges:

    • Lack of clear definitions for ‘unethical conduct’ places the evaluation of MPs’ actions on the Ethics Committee’s discretion.
    • The term ‘unethical conduct’ remains undefined, and decisions rely on the committee’s judgment.
    • Cases of misconduct, misuse of privileges, and personal indiscretions fall under the purview of the Ethics Committee.

    Concerns:

    • The Ethics Committee examines cases of moral lapses by MPs, ranging from personal misconduct to misuse of official privileges.
    • Legal implications of accepting illegal gratification for parliamentary work might involve criminal investigations, separate from parliamentary proceedings.
    • The scope of investigation by parliamentary committees differs from judicial probes, and evidence evaluation is based on the preponderance of probabilities.

     

    Prelims focus

     

    Establishment: Formed in 2000.

    Mandate: Examines complaints related to unethical conduct of MPs.

    Responsibilities: Investigates complaints, recommends action, and formulates a code of conduct.

    Scope: Focuses on behavior that may not have a clear definition, leaving it to the committee’s discretion.

    Decision Authority: Decides whether specific acts are unethical or not.

     

    Analysis:

    • Past cases include MPs found guilty of unethical conduct, such as bringing companions under false pretenses on official tours.
    • Serious cases of misconduct, violating laws like the Passports Act, are often dealt with by the Committee of Privileges or special committees, not the Ethics Committee.
    • Investigative methods include examining written documents, oral testimonies, expert depositions, and findings are based on a common-sense approach.

    Key Data:

    • The Ethics Committee was established in 2000 to examine complaints related to the unethical conduct of MPs and recommend actions.
    • MPs facing expulsion due to misconduct, such as accepting money for parliamentary work, may still face criminal charges under the Prevention of Corruption Act.

    Key Terms for mains value addition:

    • Breach of privilege and contempt of the House.
    • Unethical conduct, moral lapses, and misuse of privileges.
    • Committee of Privileges, special committees, and the Ethics Committee.
    • Article 105 of the Constitution grants MPs the freedom to speak without disclosing their information sources.

    Way Forward:

    • The Ethics Committee’s role in probing MPs’ conduct necessitates a balance between parliamentary discipline and legal considerations.
    • Clarity in defining ‘unethical conduct’ and guidelines for online submission of questions could enhance transparency.
    • Recognizing the distinction between parliamentary discipline and criminal investigations in handling serious allegations against MPs.