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GS Paper: GS2

  • Governor’s Discretionary Powers in Assembly Deadlock

    A Constitution Bench judgment of the Supreme Court has held that a Governor is bound to convene a meeting of the Assembly for a floor test on the recommendation of the Cabinet.

    Try this question for mains:

    Q. “Time and again, the courts have spoken out against the Governor acting in the capacity of an all-pervading super-constitutional authority.” Analyse.

    Resolving the deadlock

    • The judgment is significant in the present deadlock between the CM and the Governor over the summoning of an Assembly session for a floor test.
    • The Governor can summon, prorogue and dissolve the House only on the aid and advice of the Council of Ministers with the Chief Minister as the head.

    The Nabam Rebia Case

    • The five-judge Constitution Bench judgment of the Supreme Court cited the Nabam Rebia versus Deputy Speaker on July 13, 2016.
    • It held that a Governor cannot employ his ‘discretion’, and should strictly abide by the “aid and advice” of the Cabinet to summon the House.
    • It held that the discretionary power of the Governor is extremely limited and entirely liable to judicial review.
    • The judgment was a consequence of then Arunachal Pradesh Governor J.P. Rajkhowa’s decision to advance the Assembly session, a move which led to unrest in the State and resulted in the President’s rule.
    • The Constitution Bench held Mr. Rajkhowa’s decision to be a violation of the Constitution.

    Governor’s discretion: Limited to specified areas

    • The Supreme Court highlighted that Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers.
    • The court said the Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a CM or dismissal of a government which has lost of confidence but refuses to quit, etc.

    Back2Basics: Governor’s Discretionary Powers

    The governor can use his/her discretionary powers:

    • When no party gets a clear majority, the governor has the discretion to choose a candidate for the chief minister who will put together a majority coalition as soon as possible.
    • He can impose president’s rule.
    • He submits reports on his own to the president or on the direction of the president regarding the affairs of the state.
    • He can withhold his assent to a bill and send it to the president for his approval.
    • During emergency rule per Article 353, he can override the advice of the council of ministers if specifically permitted by the president.

  • Case for presidential system

    The article brings out the flaws in the parliamentary system of government in India and makes the case for the parliamentary system.

    Problems with our parliamentary system

    • Our parliamentary system has created a unique breed of legislator, largely unqualified to legislate.
    • Those legislators has sought election only in order to wield executive power.
    • It has produced governments dependent on a fickle legislative majority.
    • Fickle majority leads the government to focus more on politics than on policy or performance.
    • Current system has distorted the voting preferences of an electorate that knows which individuals it wants to vote for but not necessarily which parties.
    • It has given rise to parties that are shifting alliances of selfish individual interests, not vehicles of coherent sets of ideas.
    • It has forced governments to concentrate less on governing than on staying in office, and obliged them to cater to the lowest common denominator of their coalitions.

    Problems with party system in India

    •  Parliamentary system, devised in Britain — is based on traditions which simply do not exist in India.
    • The parties in England are clearly defined, each with a coherent set of policies and preferences that distinguish it from the next.
    • In India, a party is all-too-often a label of convenience which a politician adopts and discards frequently.
    • So, a politician changing a party is not treated as an unusual event in India.
    • In the absence of a real party system, the voter chooses not between parties but between individuals.
    • The candidates are usually chosen on the basis of their caste, their public image or other personal qualities.
    • So, voters vote for a legislature not to legislate but in order to form the executive.

    4 Problems with choosing executive from Parliament

    • 1) It limits executive posts to those who are electable rather than to those who are able.
    • Though he can bring some members in through the Rajya Sabha, but it too has been largely the preserve of full-time politicians, so the talent pool has not been significantly widened.
    • 2) It puts a premium on defections and horse-trading. The anti-defection Act of 1985 has failed to cure the problem.
    • 3) Legislation suffers. Most laws are drafted by the executive — in practice by the bureaucracy.
    • The ruling party inevitably issues a whip to its members in order to ensure unimpeded passage of a bill.
    • The parliamentary system does not permit the existence of a legislature distinct from the executive.
    • Accountability of the government to the people, through their elected representatives, is weakened.
    • 4) For those parties who do not get into government Parliament or Assembly serves as a theatre for the demonstration of their power to disrupt.

    Case for presidential system

    • A directly elected chief executive at Centre and State would be free from vulnerabilities of coalition support politics, would have the stability of tenure free from a legislative whim.
    • He/she will be able to appoint a cabinet of talents, be able to devote his or her energies to governance, and not just to government.
    • The Indian voter will be able to vote directly for the individual he or she wants to be ruled by.
    • The president will truly be able to claim to speak for a majority of Indians rather than a majority of MPs.

    The risk of dictatorship

    • The only serious objection to the presidential system is that it carries with it the risk of dictatorship.
    • The fear is of an imperious president, immune to parliamentary defeat and impervious to public opinion, ruling the country by fiat.
    • But under the current parliamentary system, a leader with absolute majority and subservient legislature could act in the same manner.

    Consider the question “Examine the differences between the presidential system and the parliamentary system of government. Do you think that the parliamentary system has served well in the Indian context?”

    Conclusion

    With the needs and challenges of one-sixth of humanity before our leaders, we must have a democracy that delivers progress to our people.

  • Relations between judiciary and legislature

    The article discusses the relation between the judiciary and the legislature. Recent development in Rajasthan assembly serves as the backdrop.

    Context

    • The political tussle in Rajasthan entered the High Court and the Supreme Court.
    • The Supreme Court itself proposed to rule on the larger question of the jurisdiction of courts to entertain such pleas.

    Historical background

    • The President of India made a presidential reference to the Supreme Court on the relative powers of legislative assemblies and constitutional courts.
    • The Supreme Court held that there is a broad separation of essential powers of each organ of the State.
    • However, the Court went on to hold that a judge who entertains a petition challenging any order of the legislature does not commit contempt of the said legislature.
    • Since then court have restrained themselves from interfering in the workings of legislative assemblies or Parliament is concerned.
    • The sole exception is under the anti-defection law-after a final order of disqualification has been passed.

    Let’s look into Kihoto Hollohan’s case

    • Constitution bench of the Supreme Court in 1992 held that the Speaker acting in a disqualification matter acts as a tribunal and is subject to judicial review.
    • However, the same judgment makes it clear that the Court will not intervene at an interim stage.
    • The same judgment further holds the Speakers/Chairmen hold a pivotal position in the scheme of Parliamentary democracy and are guardians of the rights and privileges of the House.

    Let’s now look into Rajasthan episode

    • In this case, issuance of a possible disqualification notice by the Speaker, has been contested in constitutional courts.
    •  Even in routine petitions against notices of proposed administrative actions, the petitioner is told to answer the show cause notice and to challenge the final action only.
    • The Rajasthan High Court, however, entertained a petition to challenge the Speaker’s authority to decide, if MLAs had committed an act of defection.
    • The Rajasthan High Court reserved its judgment, requested the Speaker to defer further proceedings and proceeded to direct him to await judgment.

    Co-equality of Constitutional authorities

    • Rajasthan assembly Speaker moved the Supreme Court, questioning the court’s power to direct a Constitutional authority.
    • The principle of law applied is that Constitutional authorities cannot issue directions to each other.
    • They can, at best, make a polite request.
    • The single judge in Calcutta, recorded in his judgment that the Supreme Court was only co-equal with the High Court, as a Constitutional Court.
    • Appellate powers of the Supreme Court did not make it a superior authority to which the High Court was subordinate.
    • Ever since, the Supreme Court has been careful to couch its orders as requests to any High Court, or Constitutional authority.
    • Constitutional courts have followed the same principle, in addressing other Constitutional authorities.

    Role of judiciary in maintaining the balance

    • Unnecessary conflict between organs of state may well invite some Speaker, backed by a solid majority at State and Centre, to defy the courts.
    • Courts are apolitical but keep getting pulled into political thickets, especially in matters of mass defections resulting in regime change.
    • The walls of separation between constitutional organs, once breached, cannot be then repaired against future intrusions.

    Consider the question “Analyse fine balance Indian Consitution strikes between the various Constitutional authorities. Also examine how role of judiciary in dealing with the anti-defection law.”

    Conclusion

    Even under a sovereign Constitution, parliamentary and legislative supremacy in their areas of working must be respected.

  • In news: National Centre for Disease Control (NCDC)

    India’s premier organisation mandated to collect data about diseases, the NCDC is failing in its task as the spread of COVID-19 continues unabated.

    Practice question for mains:

    Q. Health infrastructure in India is hardly capable of handling any pandemic. Critically comment.

    About the National Centre for Disease Control

    • The NCDC carries out nationwide disease surveillance through its Integrated Disease Surveillance Programme (IDSP).
    • It is a vertical programme under Directorate General of Health Services.

    Its formation

    • This programme has been present in the country in different avatars since 1997 when the National Surveillance Programme for Communicable Diseases was set up.
    • This was upscaled to the Integrated Disease Surveillance Project in 2004, with assistance from the World Bank, to address the demands of the WHO’s International Health Regulations, 2005.
    • Under this, each country had to assess public health emergencies of international concern within 48 hours and report them to WHO within the next 24 hours.
    • It was then included in the 12th Plan (2012-17) under the Union Health Ministry and renamed IDSP.

    Mandate of the NCDC

    To aid the process of an investigation, NCDC has put down 10 steps that need to be followed for each outbreak:

    • Determine the existence of an outbreak
    • Confirm the diagnosis
    • Define a case
    • Search for cases
    • Generate hypothesis using descriptive findings
    • Test hypothesis with the analytical study
    • Draw conclusions
    • Compare hypothesis with established facts
    • Communication of findings
    • Execute preventive measures

    Why did NCDC fail?

    • IDSP’s manual says weekly and monthly updates are mandatory for each State and UTs even if no outbreaks are reported.
    • But this has never been observed to date.
    • There is an overlap between the diseases being followed by IDSP and other agencies like the National Vector Borne Disease Control Programme
    • The fact that IDSP does not collect mortality data was also a concern. Moreover, the IDSP was not investigating zoonotic diseases.

  • [pib] Kumhar Sashaktikaran Yojana (KSY)

    The Centre has distributed 100 electric potter wheels to 100 trained artisans under the KSY.

    Try this question from CSP 2018:

    Q. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India:

    1. Securing for citizens of India a uniform civil code.
    2. Organising village panchayats.
    3. Promoting cottage industries in rural areas.
    4. Securing for all the workers reasonable leisure and Cultural opportunities.

    Which of the above are the Gandhian Principles that are reflected in the DPSP?

    (a) 1, 2 and 4

    (b) 2 and 3

    (c) 1, 3 and 4

    (d) 1, 2, 3 and 4

    Kumhar Sashaktikaran Yojana

    • KSY is an initiative of the Khadi and Village Industries Commission (KVIC) for the empowerment of potters’ community in the remotest of locations in the country.
    • It reaches out to the potters in U.P., M.P., Maharashtra, J&K, Haryana, Rajasthan, West Bengal, Assam, Gujarat, Tamil Nadu, Odisha, Telangana and Bihar.

    Benefits provided

    This program provides the following support to potters.

    • Training for advanced pottery products
    • Latest, new technology pottery equipment like the electric Chaak
    • Market linkages and visibility through KVIC exhibitions

    Back2Basics: KVIC

    • The KVIC is a statutory body formed in April 1957 under the ‘Khadi and Village Industries Commission Act of 1956’.
    • It is an apex organisation under the Ministry of Micro, Small and Medium Enterprises, with regard to khadi and village industries within India.
    • It seeks to plan, promote, facilitate, organise and assist in the establishment and development of khadi and village industries in the rural areas.
    • Its head office is in Mumbai, whereas its six zonal offices in Delhi, Bhopal, Bangalore, Kolkata, Mumbai and Guwahati.

  • Deepening ties with South Korea

    South Korea’s technological advancement and manufacturing capabilities can be helpful in India’s economic growth and human resource development. Seoul’s successful development story of the last few decades can complement Modi’s vision of making a “New India” by 2022.

  • False urban rural binary

    The article brings out the issues in the rural-urban binary, which leads to the disparity in the allocation of resources to the urban areas.

    Congestion and health issues in cities

    • The congestion in large cities has turned out to be their worst enemy during this pandemic.
    • Congestion is most evident in slums in large cities and poses a grave health and environmental challenges.
    • Yet, the Centre’s allocation for the rural component of the Swachh Bharat Mission is about seven times more than for urban areas.
    • Class I cities have 1.4 beds per 1,000 people. (with the population more than 1 lakh)
    • However, the urban support under the National Health Mission is just three per cent of the total allocation, while 97 per cent of the funds are set aside for rural areas.

    Issues with the present urban development programs

    • The Jawaharlal Nehru National Urban Renewal Mission (2005-2014) allocated the bulk of funds to large cities: 70 per cent to large cities and 30 per cent to smaller towns.
    • Atal Mission for Rejuvenation and Urban Transformation (AMRUT) and the Smart Cities Mission, focus on Class I cities.
    • Both these schemes provide funds for the more developed cities that already have relatively better infrastructure.
    • But these schemes overlook the nearly seven crore people who live in smaller towns.
    • These are towns that lag behind in services and infrastructure as compared to the big cities.

    Consider the question “The rural-urban binary has led to the policy formulation in which there is a huge disparity in the allocation of resources and attention on the urban area. Comment.”

    Conclusion

    The pandemic has forced us to reflect on the unequal and unplanned development of urban settlements and the absence of infrastructure to provide for the teeming millions.  The challenges of urban poverty and congestion cry for more attention, more government support.

    Original article:

    https://indianexpress.com/article/opinion/columns/coronavirus-covid-19-pandemic-india-urban-cities-6520574/

  • Women officers can now get permanent commission in Indian Army

    The Ministry of Defence (MoD) has issued the formal Government Sanction Letter for grant of Permanent Commission (PC) to women officers in the Army.

    Try this question for mains:

    Q.“Concern for equality of sexes or political expediency should not influence defence policies.” Discuss on lines with the debate over the induction of women in the armed forces.

    Also read: https://www.civilsdaily.com/burning-issue-women-in-armed-forces/

    Why such an order?

    • The order follows a Supreme Court verdict in February that directed the government that women Army officers be granted PC and command postings in all services other than combat.
    • Following this, Army Chief had said it was an enabling one and gives a lot of clarity on how to move forward.
    • He had stated that the same procedure for male SSC officers will be followed for women to give PC.

    Women in Army: Background of the case

    • The induction of women officers in the Army started in 1992.
    • They were commissioned for a period of five years in certain chosen streams such as Army Education Corps, Corps of Signals, Intelligence Corps, and Corps of Engineers.
    • Recruits under the Women Special Entry Scheme (WSES) had a shorter pre-commission training period than their male counterparts who were commissioned under the Short Service Commission (SSC) scheme.
    • In 2006, the WSES scheme was replaced with the SSC scheme, which was extended to women officers. They were commissioned for a period of 10 years, extendable up to 14 years.
    • Serving WSES officers were given the option to move to the new SSC scheme or to continue under the erstwhile WSES.
    • They were to be, however, restricted to roles in streams specified earlier — which excluded combat arms such as infantry and armoured corps.

    2 key arguments shot down

    • The Supreme Court rejected arguments against a greater role for women officers, saying this violated equality under the law.
    • They were being kept out of command posts on the reasoning that the largely rural rank and a file will have problems with women as commanding officers. The biological argument was also rejected as disturbing.
    • While male SSC officers could opt for permanent commission at the end of 10 years of service, this option was not available to women officers.
    • They were, thus, kept out of any command appointment, and could not qualify for a government pension, which starts only after 20 years of service as an officer.
    • The first batch of women officers under the new scheme entered the Army in 2008.

    Arguments by the Govt

    • The Centre had mentioned several reasons behind the differential treatment of women officers.
    • It had proposed that women officers with up to 14 years of service would be granted a permanent commission, while those above 14 years would be permitted to serve for up to 20 years and retire with pension without being considered for permanent commission.
    • It also stated that those with more than 20 years of service would immediately be released with pension
    • This order did not grant permanent commission to women with over 14 years of service, and hence discriminatory.
    • Furthermore, the 2019 order granted permanent commission only for staff appointments and not command appointments.
    • The centre justified this by stating that that the units in Army are composed entirely of male soldiers, who are mostly from rural backgrounds and thus, are not mentally prepared to accept women officers in the command of units.
    • It also stated that the lower physical capacity of women officers would be a challenge for them to command units wherein officers are expected to lead the men from the front and need to be in prime physical condition to undertake combat tasks.
    • The government also stated that the adverse conditions, including two unsettled borders and internal security situations in the northeast and Jammu and Kashmir, have a major bearing on the employment of women officers in light of their physiological limitations.
    • Also, it had stated that the isolation and hardships would eat into their resolve and that they have to heed to the call of pregnancy, childbirth and family.
    • The government also argued that women ran the risk of capture by the enemy and being taken as prisoners of war.

    SC Criticized the Government’s Note

    • Reflects Poorly on Women: The note had shown women officers in a poor light, saying isolation and hardships would eat into their resolve and that they would have to heed to the call of pregnancy, childbirth and family. The note had mentioned that women ran the risk of capture by enemy and taken prisoner of war.
    • Patriarchal Notion: The court held that the the note reflected the age-old patriarchal notion that domestic obligations rested only with women.
    • Sex Stereotype: The court also dismissed the point that women are physiologically weaker than men as a “sex stereotype”.
    • Offence to dignity of Indian Army: The court noted that challenging abilities of women on the ground of gender is an offence not only to their dignity as women but to the dignity of the members of the Indian Army – men and women – who serve as equal citizens in a common mission.

    Implications of the judgement

    • The SC did away with all discrimination on the basis of years of service for grant of PC in 10 streams of combat support arms and services, bringing them on a par with male officers.
    • It has also removed the restriction of women officers only being allowed to serve in staff appointments, which is the most significant and far-reaching aspect of the judgment.
    • It means that women officers will be eligible to the tenant all the command appointments, at par with male officers, which would open avenues for further promotions to higher ranks for them.
    • It also means that in junior ranks and career courses, women officers would be attending the same training courses and tenanting critical appointments, which are necessary for higher promotions.

    Back2Basics: Permanent Commission (PC) Vs. Short Service Commission (SSC)

    • SSC means an officer’s career will be of a limited period in the Indian Armed Forces whereas a PC means they shall continue to serve in the Indian Armed Forces, till they retire.
    • The officers inducted through the SSC usually serve for a period of 14 years. At the end of 10 years, the officers have three options.
    • A PC entitles an officer to serve in the Navy till he/she retires unlike SSC, which is currently for 10 years and can be extended by four more years, or a total of 14 years.
    • They can either select for a PC or opt-out or have the option of a 4-years extension. They can resign at any time during this period of 4 years extension.

  • COVID-19 Law Lab

    The UN agencies have started a portal called the COVID-19 Law Lab to host all recent legal enactments to fight the novel coronavirus disease (COVID-19) pandemic.

    Note the following things about COVID-19 Law Lab:

    1) It is an online portal and not a cubical laboratory

    2) Parent agency includes the UN and WHO

    3) It is the first collation of health-related laws and protocols of the countries

    COVID-19 Law Lab

    • This digital portal hosts all legal steps taken by 190 countries to fight the pandemic.
    • The UNDP, the WHO, the Joint UN Programme on HIV/AIDS and the O’Neill Institute for National and Global Health Law at Georgetown University have collaborated for this initiative.
    • The collation initiative aims at dissemination of procedures and practices for effective enactment of health-related laws.
    • It is expected to be the most expansive collation of laws and procedures related to a health emergency.

    Why need such a repository?

    • The pandemic has led to confusion over treatment and management protocols.
    • Some 220 countries/territories have enacted various procedures backed by various enabling laws related to epidemics and health emergency.
    • Laws and policies that are grounded in science, evidence and human rights can enable people to access health services, protect themselves from COVID-19 and live free from stigma, discrimination and violence.
    • Sharing medicines and formulae for even general treatment has been a big challenge due to restrictive laws and trade practices.
    • As health is global, legal frameworks need to be aligned with international commitments to respond to current and emerging public health risks.

  • Transforming higher education

    The issues of quality of higher education explain the lack of employability of Indian youth. This article examines the issue and suggests the approach to deal with the issue.

    Three learning outcomes

    • The first is to provide knowledge in the relevant discipline to the students.
    • Second, imparting students with the skills needed for their jobs/enterprises.
    • Third, students are expected to play a constructive role in shaping the society and the world at large, the values and ideals of a modern, progressive society.
    • The teaching-learning process is expected to mould their character accordingly.

    Issues with the education system

    • Apart from a handful of institutions in the technology, management and liberal arts streams a vast majority of other students just meander through college and acquire a degree.
    • There is a huge gulf between the curriculum taught in the colleges and actual job requirements.
    • It is common to hear even the brightest of students mention that they learnt more on the job than through their curriculum in college.

    Focus more on training

    • If most of the students learn so much on the job, it raises several questions.
    • Why should we bestow so much importance on a syllabus?
    • And why do we take such massive efforts to evaluate students’ knowledge of that syllabus through exams?
    • What we can do is completely re-evaluate the syllabus frequently considering the changing needs of the time.
    • We can have substantive industrial internships while retaining only a very basic outline of essential concepts.
    • The evaluation too can be a mix of regular assignments, performance in the internship.

    Consider the question “The lack of employability in the youth of India could be a huge hurdle in India’s aim to reap the benefits of demographic dividend. Examine the reasons for and suggest the measures to deal with the issue.”

    Conclusion

    The higher education sector has multiple stakeholders and multiple vested interests. In normal times, maintaining the status quo or implementing incremental and marginal reforms was all one could hope for. The pandemic has opened the doors for ushering in massive, bold and transformational reforms. As John Lewis said, “If not now, then when?”