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GS Paper: Parliament & State Legislatures

  • Who is the Pro-Tem Speaker of Lok Sabha and how is an MP chosen for the role?

    Why in the News?

    • The 18th Lok Sabha will convene its first session very soon. A new Speaker of the House will be elected during this session.
      • Until the election of the new Speaker, a pro-tem Speaker will be appointed to administer the oath to the new Members of Parliament.

    Who is a Pro-tem Speaker?

    • The Speaker of the Lok Sabha oversees the day-to-day proceedings of the House.
    • According to Article 94 of the Indian Constitution, the outgoing Speaker continues in office until the first meeting of the new Lok Sabha.
    • A pro-tem Speaker is appointed temporarily to manage certain duties until the new Speaker is elected.
    • The Constitution does NOT mention explicitly about the post.
      • However, the ‘Handbook on the Working of the Ministry of Parliamentary Affairs provides guidelines on the appointment and duties of the Speaker pro-tem.
    • Functions:
      • The primary duty of the pro-tem Speaker is to administer oaths to the new MPs, as mandated by Article 99 of the Constitution.

    Appointment of the Pro-tem Speaker

    • When the Speaker’s post is vacant before the new Lok Sabha convenes, the PRESIDENT appoints a Member of the House as the Speaker pro-tem.
      • The President administers the oath to the Speaker pro-tem at the Rashtrapati Bhawan.
    • Generally, three other elected members of the Lok Sabha are also appointed by the President to assist in the oath-taking process.
    • The SENIORMOST members, in terms of years of service, are usually chosen for this role, though there can be exceptions.

    Process of Administering Oaths

    • The Legislative I Section of the Government of India prepares a list of the seniormost Lok Sabha members after the formation of the new government.
    • This list is submitted to the Minister of Parliamentary Affairs or the Prime Minister, who identifies the Speaker pro-tem and the three other members for oath-taking.
    • After the Prime Minister’s approval, the consent of the selected members is obtained by the Minister of Parliamentary Affairs, usually over the telephone.
    • The Minister then submits a note to the President seeking approval for the appointments and the date and time for the swearing-in ceremony.
    • Upon the President’s approval, the Ministry informs the Speaker pro-tem and the other members about their appointments.
    • The Speaker pro-tem then administers the oath to the other three members in the Lok Sabha.

    PYQ:

    [2024] With reference to the Speaker of the Lok Sabha, consider the following statements :

    While any resolution for the removal of the Speaker of the Lok Sabha is under consideration

    1. He/She shall not preside.
    2. He/She shall not have the right to speak.
    3. He/She shall not be entitled to vote on the resolution in the first instance.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 1 and 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3
  • [14th June 2024] The Hindu Op-ed: The message in the RSS chief’s Speech

    [14th June 2024] The Hindu Op-ed: The message in the RSS chief’s Speech

    PYQ Relevance:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC IAS/2022)

    Q Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)

    Mentors’ Comment: In an impressive speech (one of many he has delivered), RSS chief Mr Bhagwat has effectively outlined a road map for the newly reinstated government and proposed a model code of conduct, a role typically expected of the Election Commission of India (ECI) during the 2024 general election. The common thread between the two lies in what remains unspoken. While the ECI subtly warned the party, the RSS leader delivered a directive to ‘whomsoever it may concern.’ Mr. Bhagwat’s message is clear and direct, in contrast to the ECI’s subdued and carefully crafted communication. Both messages aim to hit their mark without explicitly identifying the target.

    Let’s learn.

    Why in the News?

    • Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat’s strategic address outlines a governance roadmap, similar to the ECI’s muted directive, both subtly guiding political conduct.
    Key Implications of 2024 General Elections:

    No more Charisma: The party’s reliance on single personal charisma may have reached its limit, with diminishing returns evident in the election results.
    Local Issues Matter: The party’s disconnect from local issues in key states like Uttar Pradesh, Maharashtra, and West Bengal contributed to electoral setbacks.
    Role of RSS (Rashtriya Swayamsevak Sangh): The party underestimated the importance of the RSS in grassroots mobilization and support, which affected its electoral performance.
    Dalit Voters Cannot Be Taken for Granted: Attempts by leaders to discuss changes to reservation policies backfired, leading to significant losses among Dalit and OBC (Other Backward Classes) voters.
    Importance of Opposition Alliances: The success of opposition alliances, particularly the INDI Alliance, highlighted the necessity for the Congress and other parties to forge effective alliances to consolidate non-NDA votes.

    Bhagwat’s Strategic Speech

    • Roadmap for Government: Bhagwat’s speech laid out a roadmap for the government and a model code of conduct, akin to the expectations of the Election Commission of India (ECI) during the 2024 general election.
    • Clear Message: Bhagwat’s message was clear and direct, while the ECI’s was more muted.
    • Issue Addressing: Both messages aimed to address issues without directly targeting any party.

    Election Commission’s Actions

    • Complaint Examination: The ECI examined complaints, asked political parties for explanations, and issued mild reprimands.
    • Impartial Justice: The ECI aimed to deliver impartial justice, risking its image but believing it was repaired by the efficient conduct of the 2024 general election.

    Bhagwat’s Post-Election Message

    • Post-Mortem of Election: Bhagwat’s address came after the general election results, suggesting a post-mortem of election conduct.
    • ‘Mishap’ and ‘Maryada’: He implied that the ‘mishap’ was losing the majority, caused by ‘unnatural’ violations of decorum during the campaign by both sides.

    Key Words and Their Importance

    • ‘Maryada’ and ‘Ahankar’: Bhagwat emphasized ‘Maryada’ (dignity) and ‘Ahankar’ (arrogance).
    • True Workers: He stated that true workers maintain dignity without arrogance, linking ‘Maryada’ to Lord Ram and suggesting a model code of conduct.

    RSS Vision and Humility

    • The metaphor of Growth: The RSS website uses the metaphor “Great oaks from little acorns grow,” applying it to the growth of the organization and its volunteers.
    • Importance of Humility: Bhagwat stressed the importance of humility among swayamsevaks (volunteers).

    Treating Political Opponents

    • Respect for Opponents: Bhagwat highlighted treating opponents with respect after the contest is over.
    • ‘Pratipaksh’ (Opposition): He used the term ‘pratipaksh’ to emphasize the democratic need for inclusivity and respect for opposing views.

    Inclusivity and Consensus

    • Call for Inclusivity: Bhagwat called for inclusivity and building consensus, placing the onus on the ruling party.
    • Responsibility of Power: He stressed that the responsibility lies with those in power to diminish societal divisions and alleviate minority apprehensions.

    India’s Diversity

    • Mutual Respect: Bhagwat acknowledged India’s diversity and the need for mutual dependence and respect among different communities.
    • Condemnation of Division Exploitation: He condemned those who exploit divisions for political gains and called for leaders to foster harmony.

    Conclusion: Mohan Bhagwat’s address serves as a strategic guide, emphasizing dignity, humility, and inclusivity to strengthen India’s democratic foundations and societal harmony. His message calls for mutual respect, the acknowledgement of diverse perspectives, and the importance of a strong, united foundation for stable governance.

    https://www.thehindu.com/opinion/lead/the-message-in-the-rss-chiefs-speech/article68286270.ece

  • What are the functions of Cabinet Ministers and Ministers of State?

    Why in the News?

    • President Droupadi Murmu administered oaths to the Central Council of Ministers (CoM) of the new NDA government, comprising a larger team compared to the previous term.
      • The Council includes 30 cabinet ministers, five Ministers of State (Independent Charge), and 36 Ministers of State, with the Prime Minister leading the team.

    About Central Council of Ministers

    • The Central CoM is a crucial part of India’s governance system.
    • Members: It consists of the Prime Minister (Head), Cabinet Ministers, Ministers of State, and Deputy Ministers.
    • History:
      • Portfolio System: The system of the CoM finds its roots in the Indian Councils Act of 1861, introduced by Lord Canning going parallel with the British Parliamentary System.

    Constitutional Provisions

    Articles 74 to 78 in Part V of the Indian Constitution broadly deal with the Central Council of Ministers.

    Union Executive: The Union Executive encompasses the President, Vice-President, Prime Minister, Union Council of Ministers, and Attorney General of India, collectively responsible for the country’s administration.

    Role of the Prime Minister

    • The Prime Minister is the head of the Central Council of Ministers, exercising executive authority and decision-making powers on key policy issues and unallocated portfolios.
    • Responsibilities: Prime Minister Modi oversees critical ministries such as Personnel, Public Grievances, Pensions, Department of Atomic Energy, and Department of Space, while also leading government bodies like the Cabinet Secretariat and NITI Aayog.

    Functions and Duties of CoM

    1. Policy Formulation and Implementation:

    • Formulating Policies: The Council of Ministers, particularly the Cabinet, is tasked with formulating policies crucial for the nation’s development and welfare.
    • Policy Coordination: It ensures coordination among various government departments and agencies for effective policy implementation.

    2. Executive Functions:

    • Real Executive Authority: The Council of Ministers acts as the real executive authority, exercising executive powers on behalf of the President.
    • Administration: It oversees the day-to-day administration of the country, ensuring the smooth functioning of government affairs.
    • Emergency Powers: During emergencies, the Council of Ministers advises the President on the exercise of emergency powers and crisis management.

    3. Legislative Functions:

    • Bills and Legislation: Ministers actively participate in the legislative process by introducing bills, piloting them through Parliament, and ensuring their passage.
    • Policy Advocacy: They advocate for government policies and bills in Parliament, engaging in debates and discussions to garner support.
    • Budgetary Process: The Council of Ministers prepares and presents the annual budget, guiding fiscal policies and financial allocations.

    4. Financial Management:

    • Budget Preparation: It plays a significant role in preparing the national budget, and outlining revenue and expenditure plans for the fiscal year.
    • Financial Administration: The Council oversees financial administration, ensuring compliance with budgetary provisions and efficient resource utilization.
    • Taxation and Fiscal Policy: Ministers propose taxation measures and formulate fiscal policies to promote economic growth and stability.

    Who are the Cabinet Ministers?

    • The Cabinet Ministers are senior members of the Central Council of Ministers who head key government departments or ministries.
    • Typically, Cabinet Ministers are appointed by the Prime Minister and are part of the Cabinet, which is the core decision-making body in the government.
    • Each Cabinet Minister typically manages a specific portfolio aligned with the government’s priorities and responsibilities.
      • Examples: Minister of Finance, Minister of Home Affairs, Minister of Defence, Minister of External Affairs, Minister of Health, Minister of Education, and others.
    • The term ‘Cabinet’ was inserted in Art. 352 of the Constitution by the 44th Amendment Act 1978.
    • It did not find a place in the original text of the Constitution.

    Difference between Ministers of State (Independent Charge) and Ministers of State:

    Ministers of State (Independent Charge) Ministers of State
    Authority Have independent portfolios Assist Cabinet Ministers
    Reporting Structure Directly report to PM/President Report to and assist Cabinet Ministers
    Accountability Fully responsible for their departments Assist Cabinet Ministers in tasks
    Protocol Status Equivalent to Cabinet Ministers in status Lower protocol status
    Attendance in Cabinet Meetings May attend if their portfolios are discussed Not regular attendees

     

    PYQ:

    [2013] Consider the following statements:

    1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
    2. The Union Ministers shall hold the office at the pleasure of the President of India.
    3. The Prime Minister shall communicate to the President about the proposals for legislation.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    [2007] Assertion (A): The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and Rajya Sabha.

    Reason (R): The Members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union Government.

    Choose the correct Code:

    (a) Both A are R are true and R is the correct explanation of A

    (b) Both A and R are true but R is not a correct explanation of A

    (c) A is true but R is false

    (d) A is false but R is true

  • What are the powers of the Speaker, why is the post crucial?

    Why in the News?

    The pivotal role of the Speaker in parliamentary democracy is underscored as both the TDP and JD(U), crucial allies within the NDA, compete for the position, highlighting its significance.

    Constitutional Mandate:

    • Speaker and Deputy Speaker are elected as per Article 93 of the Constitution, with the Speaker chosen by a simple majority.
    • The speaker’s term ends with the House dissolution and no-confidence motion can be moved against the Speaker.
    • No specific qualifications for the Speaker, who is distinct from other members.

    Powers of the Speaker

    • Conducting the House: The Speaker decides House conduct and government business, ensuring adherence to rules, crucial for opposition participation. There are Rules and Procedure for the functioning of the House, but the Speaker has vast powers in ensuring these Rules are followed, and in choosing procedures.
    • Questions & Records: The Speaker holds authority over determining the validity of queries raised by members and overseeing the publication of House proceedings. The Speaker possesses the power to remove, wholly or partially, statements deemed unparliamentary.
    • Voice Votes, Division: The speaker can push bills through by voice vote or division, crucial for the legislative process.
      • As per the Rules of Procedure and Conduct of Business in Lok Sabha, if the Speaker thinks that is “unnecessarily claimed”, simply ask the members who are for ‘Aye’ and those for ‘No’ respectively to rise in their places and decide.
    • No-Confidence Motion: A pivotal moment where the Speaker’s neutrality significantly affects the Opposition is during the presentation of a motion of no-confidence against the government.
      • In 2018, when notices for a no-confidence motion were submitted by the YSRCP and TDP, Speaker Sumitra Mahajan postponed the House multiple times before acknowledging the motion and conducting the vote.
    • Casting Vote: As per Article 100 of the Constitution, pertaining to voting in the Houses, the Chairperson of the Rajya Sabha or the Speaker of the Lok Sabha, or any individual acting in such a capacity, “shall refrain from voting initially but must cast a deciding vote in the event of a tie.”
    • His Removal:
      • Motion: A member of the Lok Sabha gives a written notice for the removal of the Speaker, citing specific grounds such as misconduct or inability to perform duties.
      • Support: The motion needs support from at least 50 members to be admitted for discussion in the House.
      • Resolution: Once admitted, the House discusses the motion. If the majority of members present and voting support the motion, a resolution for the Speaker’s removal is passed.
    Note: During the process of removal of the Lok Sabha Speaker in India, the Speaker typically remains present and presides over the proceedings until the resolution for their removal is passed. The Speaker maintains their role in overseeing the House’s functioning unless and until the majority of members vote in favor of the motion to remove them. Once the resolution is passed and approved by the President, the Speaker ceases to hold office and their duties are formally relinquished.

    Disqualification of Members

    • Power of the Speaker: The Speaker of the House holds the authority to disqualify legislators who defect from their party, as per the provisions of the Tenth Schedule.
    • Introduction of the Anti-Defection Law: The Tenth Schedule, also known as the anti-defection law, was incorporated into the Constitution in 1985 through the Fifty-Second (Amendment) Act.
    • Judicial Review: The Supreme Court, in the landmark case of Kihoto Hollohan versus Zachillhu in 1992, upheld the power vested in the Speaker to decide on defection cases. It ruled that only the final order of the Speaker is subject to judicial review.
    • Impact on Government Stability: Defections can change the numerical strength of political parties in the House, potentially destabilizing governments if members defect in significant numbers. Timely action by the Speaker in disqualifying defective members is crucial to maintaining the integrity of the Tenth Schedule and ensuring that governments retain their majority.
    • Supreme Court Directives: The Supreme Court has issued directives emphasizing the need for Speakers to expedite disqualification proceedings. For instance, in 2020, it ruled that Speakers must decide on disqualification pleas within three months, except in exceptional circumstances.
    • Impact on Government Formation: Delays in deciding disqualification petitions can have significant political ramifications, as seen in cases where governments have collapsed due to prolonged delays in addressing defection issues.
    • Case Example: In 2023, the Supreme Court directed the Maharashtra Assembly Speaker to expedite disqualification proceedings against members of factions within the Shiv Sena party. Prolonged delays in these proceedings contributed to the collapse of the government led by Uddhav Thackeray.

    Conclusion: The Speaker holds significant powers in conducting the House, ensuring adherence to rules, deciding on crucial matters like no-confidence motions, and maintaining political stability through the judicious application of these powers.

    Mains PYQ: 

    Q ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (UPSC IAS/2020)

  • The representation of women in the incoming Lok Sabha, how it compares to previous years

    Why in the news?

    Over time, there has been a general inclination towards enhancing women’s representation in the Lok Sabha. However, the advancement has been gradual and inconsistent.

    Women in Lok Sabha 2024 (PRS data):

    • Number of Women MPs: India has elected 74 women MPs to the Lok Sabha in 2024, which is four fewer than in 2019.
    • Percentage of Representation: Women MPs make up just 13.63% of the elected strength of the Lower House.
    • Party-wise Distribution: Women MPs come from 14 different parties, with the BJP leading with 31 women MPs, followed by the Congress with 13.

    Different Demographic Observations:

    • Trend in Representation: Over the years, there has been a slow and non-linear increase in women’s representation in the Lok Sabha.
    • Historical Trends: Women’s representation started at 4.41% in 1952 and peaked at 14.36% in 2019.
    • New Faces: Out of the 74 women MPs elected, 43 are first-time MPs, indicating a higher percentage of newcomers compared to the overall House.
    • Younger Representation: The average age of women MPs is 50 years, younger than the overall House age of 56 years.

    Comparison with Other Countries:

    • International Comparison: India lags behind several countries in terms of women’s representation, with countries like South Africa, the UK, and the US having higher percentages of women MPs.
    • Global Rankings: Women make up 46% of MPs in South Africa, 35% in the UK, and 29% in the US.

    What Needs to Be Done?

    • Increase in Representation: There is a need for greater efforts to increase women’s representation in the Lok Sabha to achieve gender parity.
    • Policy Measures: Implementation of policy measures such as reserving seats for women in the Lok Sabha could help improve representation.
    • Encouraging Participation: Encouraging more women to enter politics and providing support for their political careers can contribute to greater representation.
    • Education and Awareness: Promoting education and awareness about the importance of gender equality in politics is essential for fostering a more inclusive political environment.

    Mains PYQ:

    Q What are the continued challenges for Women in India against time and space?  (UPSC IAS/2019)

  • Budgets and Bills passed with little deliberation

    Why in the news? 

    • Madhya Pradesh passed 85% of its Budget without discussion in 2023 followed by Kerala and Jharkhand.
    • These observations are based on repot of PRS Legislative Research’s Annual Review of State Laws 2023.The report analyses the performance of State legislatures in various key functions.

    BACK2BASICS: 

    What is Public Accounts Committee (PAC)? 

    • The inception of the Public Accounts Committee dates back to 1921 following its initial reference in the Government of India Act, 1919, commonly known as the Montford Reforms.
    • Currently, the formation of the Public Accounts Committee is an annual occurrence as per Rule 308 of the Rules of Procedure and Conduct of Business in the Lok Sabha.
    • The primary objective of the Public Accounts Committee (PAC) is to examine and scrutinize the government’s financial transactions and expenditures to ensure transparency, accountability, and proper utilization of public funds.

     

    Key points related to report on the performance of State legislatures in India in 2023:

    • Budget Passing Without Discussion: Nearly 40% of the ₹18.5 lakh crore budget presented by 10 States was passed without discussion. In some States like Madhya Pradesh, Kerala, Jharkhand, and West Bengal, a significant portion of the budget was passed without debate.
    • Public Accounts Committee (PAC) Inactivity: In five States, including Bihar, Delhi, Goa, Maharashtra, and Odisha, the PAC did not table any reports in 2023. Maharashtra’s PAC neither met nor released a report during the year.
    • Fast-Track Passage of Bills: A significant number of bills were passed quickly with minimal debate, with 44% passed either on the same day they were introduced or the next day. This trend was consistent with previous years, indicating a pattern of swift legislative activity.
    • Promulgation of Ordinances: 84 ordinances were promulgated in 20 States, covering various subjects such as new universities, public examinations, and ownership of apartments. Uttar Pradesh, Andhra Pradesh, and Maharashtra accounted for the highest number of ordinances.
    • Regional Disparities: There were regional disparities in legislative activity, with states like Tamil Nadu and Himachal Pradesh tabling a significant number of PAC reports, while others like Maharashtra and Bihar saw inactivity. Similarly, some states passed bills quickly, while others took more time for deliberation.

    Negative implication

    • Lack of Transparency: Budgets being passed without discussion indicate a lack of transparency and accountability in the budgetary process, potentially leading to decisions being made without proper scrutiny or public input.
    • Ineffective Oversight: The inactivity of Public Accounts Committees (PACs) in some states suggests a failure of oversight mechanisms, undermining the scrutiny of government expenditure and accountability for public funds.
    • Quality of  Legislation: The fast-track passage of bills with minimal debate raises concerns about the quality of legislation and the thoroughness of deliberation, potentially resulting in hastily drafted or poorly scrutinized laws.
    • Overuse of Ordinances: The high number of ordinances promulgated signifies a reliance on executive orders to bypass the legislative process, which can undermine democratic principles and the role of the legislature in lawmaking.

    Way forward 

    • Enhancing Transparency and Accountability: Mandate thorough discussions and debates on budgets before passage to ensure transparency and accountability in financial decision-making.Establish mechanisms for public participation and input in the budgetary process to increase transparency and foster citizen engagement.
    • Reforming Oversight Mechanisms: Strengthen the functioning of Public Accounts Committees (PACs) by ensuring regular meetings and timely submission of reports.Empower PACs with adequate resources, authority, and independence to effectively scrutinize government expenditure and promote accountability.

    Mains PYQ 

    Q Discuss the role of Public Accounts Committee in establishing accountability of the government to the people. (UPSC IAS/2017) 

  • [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    [15 April 2024] The Hindu Op-ed: A manifesto where inclusivity takes center stage

    Mains PYQ Relevance: 

    Q Individual Parliamentarian’s role as the national lawmaker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC IAS/2019)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Note4Students: 

    Mains: Polity;  Indian Party System;

    Mentor comments: In recent times, many National and State parties have published their manifestos for each general election. Election manifestos are formal statements by political parties outlining their aims and policies if elected. In India, these manifestos play a crucial role in signaling the party’s priorities and choices to the electorate. Election manifestos are not legally binding, and political parties are not obligated to fulfill their promises. Due to this reason, it remains always debatable and never gets challenged in the Judiciary or the Parliament.

    Let’s learn

    —

    Why in the News?

    The Bharatiya Janata Party (BJP) and Congress have released their manifestos for the 2024 Lok Sabha elections, titled ‘Sankalp Patra’ and ‘Nyay Patra’ respectively. 

    • The Manifesto ‘Sankalp Patra’ emphasizes empowering Women, Agricultural Support, and Law Enforcement, the ‘Nyay Patra’ promises Economic Policies and Welfare Programs, including a 10% quota in jobs and educational institutions for economically weaker sections.
    What are Party Manifestos?

    The Party Manifestos in general elections plays a crucial tool for political parties to communicate their vision, policies, and promises to the electorate. Manifestos outline the party’s stance on various issues, their proposed solutions, and the direction they intend to take if elected to govern.

    Supreme Court in its judgment dated 5th July 2013 in SLP(C) No. 21455 of 2008 has inter alia directed the Election Commission of India to frame guidelines on Election Manifesto to be included as part of the Model Code of Conduct. 

    Challenges in the General Election Manifesto System:

    • Varied Desires: National parties find it challenging to craft manifestos that resonate with the diverse aspirations of India’s populace, while regional parties are more adept at addressing local priorities.
    • Limited Awareness: Manifestos struggle to gain traction in Indian elections due to voter unfamiliarity, the impact of factors like caste and religion on voting patterns, and a dearth of focus on substantive discussions.
    • Minimum Reach: The Manifesto’s success hinges on the party’s ability to reach the masses, publicize it effectively, and turn it into a tool for mass mobilization and party revival, potentially leading to the healing of social relations and the revitalization of India’s economy, society, and democracy.
    • Unfulfilled Commitments: Political parties frequently fall short of fulfilling the pledges outlined in their pre-election manifestos, resulting in discrepancies between promises and actions.
      • Parties often backtrack on their commitments once in power, lacking mechanisms for ensuring accountability.
    • Encouraging a Culture of Freebies: Manifestos that promise freebies can distort the electoral process by amplifying the role of financial influence.

    Significance of Election Manifestos

    • Shaping Political Narratives: They play a vital role in influencing voter decisions and setting the agenda for public debate during the campaign period. 
    • Offer Perviews: Manifestos provide voters a preview of what the party stands for and what they would prioritize if in power.
    • Source of Awareness and Mobilization: Election manifestos are a source of information regarding the policies of political parties. Political parties publicize their manifestos in a bid to shore up electoral support which results in mass Mobilization.
      • Moreover, it brings on-ground debates and discussions on issues that are considered important for elections.
    • Competition: Election manifestos underline the competitive nature of electoral politics. Election manifestos highlight the aspirations and expectations of citizens which are the critical basis of electoral exercises.
    Legal Provisions in Other Countries:

    In Bhutan and Mexico: Electoral Authorities have the power to vet manifestos and get certain types of content removed.

    In the United Kingdom: the Electoral Authority issues guidelines for campaign materials (which would apply to manifestos also).

    In the United States: Without a central EMB, the State-level EMB regulations generally do not include any provisions about political party platforms. It is the Party Committee that governs internally and develops the platform of a party for a particular election, as per the Charter and By-Laws of the party.

    Conclusion: The Election Commission and political parties need to educate the public about the importance of manifestos. Increased awareness can lead to greater accountability for parties to fulfill their manifesto promises.

  • The democratic political process is broken

    Why in the news? 

    Due to the loss of credibility, many institutional news media struggle to establish a factual foundation or maintain control over diverse social narratives, affecting society, media principles, and the Political milieu in India.

    The Present Scenario of Discourse in News Media:

    • Institutional Crises: Loss of credibility in institutional news media leads to a lack of establishment of factual baseline and narrative control. Without credibility, news media struggles to maintain authority and trust, hindering its role in shaping public discourse.
    • Impact on Public Discourse: The rise of social media has decentralized content creation and dissemination. Virality, rather than substance, becomes the primary measure of content value. Prioritization of engagement over quality and veracity distorts public discourse.
    • Hyper-partisanship in Media: Loss of credibility in mainstream media contributes to hyper-partisanship. News and content are utilized as tools to promote factional interests rather than fostering dialogue and deliberation. Lack of interest in genuine discourse further exacerbates divisions within society.
    • Fragmentation of Attention: The proliferation of media channels leads to the fragmentation of collective attention. A constant stream of transient content makes issues appear less significant. Gaining visibility and capturing attention becomes paramount, overshadowing the importance of substantive dialogue.
    • Individual Battles and Tribal Affiliation: Public discourse becomes a battleground for individual interests seeking attention and reinforcing tribal affiliations. Lack of genuine dialogue hampers the evolution of consensus, further polarizing society.

    Present Scenario of Discourse in Civil Society:

    • Increase in Dependency: Liberal civil society increasingly directs its efforts towards engaging with the state and its institutions. Dependency on the state for functioning compromises civil society’s autonomy and independence.
    • Legitimacy Issues: Civil society’s legitimacy is now derived more from normative purity than representativeness. This shift undermines civil society’s ability to truly represent diverse viewpoints and reconcile conflicting interests.
    • Undermining Societal issues: Civil society becomes more inclined towards single-issue campaigns rather than engaging in broader negotiation and consensus-building. This narrow focus limits its effectiveness in addressing complex societal issues.
    • Bypassing Political Processes: Civil society groups tend to bypass political processes and opt for institutional interventions, such as judicial or bureaucratic avenues, to advance their agendas. This strategy may sideline democratic processes and undermine the role of elected representatives in decision-making.

    The Present Scenario of Discourse in Political Parties:

    • Internal Focus of Political Parties: Political parties often prioritize internal issues over broader deliberations and policy formulation. This internal focus detracts from the party’s ability to engage in constructive dialogue and address pressing societal issues.
    • Unable to play a role: Elected representatives are expected to translate constituency issues into a policy agenda. However, within the party setup, they often lack the power and inclination to do so effectively.
    • Uncertain Electoral Payoff: Elected representatives may prioritize direct interventions for constituent services over influencing the policy agenda due to uncertain electoral benefits.
    • Complex Electoral Dynamics: Elections involve a mix of constituency, state, and national issues, making it challenging for representatives to effectively represent their constituents’ interests. Candidates often rely heavily on party symbols for electoral success, diminishing the significance of individual policy agendas.
    • Power Dynamics within Parties: Decision-makers for party tickets hold significant power within political parties, influencing candidate selection and party direction. Limited institutional positions of power lead to internal power struggles and sycophancy among aspirants.

    Way Forward:

    • Rebuilding Credibility: Implement measures to enhance transparency and accountability within news organizations. Encourage fact-checking and adherence to journalistic standards. Promote diversity of perspectives in news reporting to rebuild trust with diverse audiences.
    • Regulation for Social Media Platforms: Implement regulations to combat misinformation and promote responsible content sharing. Foster partnerships between social media companies and fact-checking organizations to verify information.
    • Promote Digital Literacy: Invest in education and public awareness campaigns to enhance media literacy among citizens. Equip individuals with critical thinking skills to discern credible sources from misinformation. Foster a culture of skepticism and verification when consuming news and information online.
    • Encouraging Civil Society Engagement: Provide support for civil society initiatives that promote inclusivity and dialogue among diverse stakeholders. Enhance funding and resources for civil society organizations to reduce dependency on the state and encourage autonomy.
    • Facilitate Political Dialogue and Reform: Encourage political parties to prioritize policy formulation and public deliberation over internal politics. Reform electoral systems to reduce the influence of party symbols and empower individual candidates with policy agendas.

    Conclusion: The broken democratic process is exacerbated by media credibility loss, civil society’s state dependency, and internal party issues. Rebuilding media trust, regulating social media, promoting dialogue, and empowering civil society is crucial for restoration.

    Mains PYQ-

    Q- How do pressure groups influence Indian political process? Do you agree with this view that informal pressure groups have emerged as powerful than formal pressure groups in recent years? ( UPSC IAS/2017 ) 

    Q- Can Civil Society and Non-Governmental Organisations present an alternative model of public service delivery to benefit the common citizen? Discuss the challenges of this alternative model.(UPSC IAS/2021)

  • Governor stalls Ponmudy’s return to Cabinet

    Why in the news? 

    TN Governor R.N. Ravi has declined to re-induct senior DMK leader and former Higher Education Minister K. Ponmudy into the Cabinet, citing concerns about Constitutional Morality.

    Context-

    • Despite the SC’s suspension of Ponmudy’s conviction, the Governor believes his involvement in serious corruption as a public servant renders his re-induction inappropriate.
    • The Governor’s stance emphasizes the need to uphold ethical standards in governance, especially regarding convicted individuals.

    What are the key questions raised concerning the re-induct of the MLA’s in the Cabinet:

    • Constitutional Morality: Governor R.N. Ravi is concerned about upholding constitutional morality. He questions whether it would be appropriate to re-induct K. Ponmudy into the Cabinet, considering the seriousness of the corruption charges against him and the fact that his conviction was not set aside by the Supreme Court, but only temporarily suspended.
    • Legal Validity: Governor Ravi seeks the opinion of legal experts on the legality of re-inducting Ponmudy into the Cabinet without the conviction being overturned by the Supreme Court. This raises the question of whether such an action would adhere to legal principles and norms.
    • Political Implications: The differing opinions between both raise questions about the political ramifications of the decision. While the Law Minister sees no issues in Ponmudy’s swearing-in, the Governor emphasizes the need for ethical governance.
    • Timing and Elections: The timing of Ponmudy’s potential re-induction, particularly concerning the announcement of Lok Sabha elections, adds complexity to the situation. It raises questions about whether political considerations are influencing the decision-making process.
    • Disqualification and Supreme Court Stay: Ponmudy’s disqualification as an MLA due to a conviction by the Madras High Court, followed by the Supreme Court’s stay on the conviction, raises questions about the legal status of his eligibility for public office and the implications for his potential re-induction into the Cabinet.

    Discretionary power of the Governor in the appointment of ministers- 

    • Outlined in Article 163: There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

    In the context of the appointment of ministers, the Governor’s discretionary power may be exercised in various situations, such as:

    • Selection of Ministers: Although the Chief Minister typically recommends individuals for ministerial positions, the final decision regarding their appointment rests with the Governor. The Governor may exercise discretion in approving or rejecting the Chief Minister’s recommendations based on factors such as competence, integrity, and political considerations.
    • Dismissal of Ministers: In cases where the Governor has reasons to believe that a minister is unfit to hold office or has lost the confidence of the legislature, they may use their discretionary power to dismiss the minister, even if the Chief Minister advises otherwise.
    • Interests of the state: In exercising discretionary powers, the Governor must uphold constitutional morality and act in the best interests of the state. This includes considering the integrity, qualifications, and public trust in the individuals being appointed as ministers.
    • Consultation: While the Governor is not required to consult anyone other than the Chief Minister in the appointment of ministers, they may seek advice or input from legal experts, constitutional authorities, or other relevant stakeholders to ensure a fair and transparent appointment process.

    Conclusion:

    Governor stalls former minister’s return, citing constitutional morality and corruption concerns. His discretion underscores ethical governance and legal validity in ministerial appointments, raising questions about political implications and timing.

  • The long road to reforming India’s political party system

    Why in the News?

    Recent political events make one doubt the perceived need and utility of India’s Anti-defection law.

     Context:

    • Political Defections prevalent across India:
      • In Bihar, MLAs from Congress and RJD shifted to BJP, leading to disqualifications under the anti-defection law. Similar incidents occurred in Himachal Pradesh and Andhra Pradesh.
      • A recent adjudicatory development in Maharashtra raised doubts on the necessity of India’s anti-defection law, where factions within NCP were not disqualified based on intra-party dissent.
    • Need for better inner-party democracy: The Speaker highlighted the challenges in applying the anti-defection law effectively, emphasizing the need for better inner-party democracy reforms to address political defections and ensure legislative stability.

     Transgressions that pass muster /Challenges with Anti-defection law:

    • Intra-party dissent and Anti-defection law: The Speaker’s decision in the NCP split case highlights the complexity of applying the anti-defection law to intra-party dissent. The intra-party dissent cannot be subject to the punitive provisions of the Tenth Schedule due legislative majority.
    • Mergers and Anti-defection law: Under the current anti-defection law, a faction that splits from its original party cannot claim exemption from disqualification, as the “split” exception was deleted from the Tenth Schedule in 2003.
      • The only exemption available now is that of mergers, which mandatorily require a minimum of two-third members to separate from their political party and merge with another.
    • The Speaker’s observations: The Speaker’s concern for preservation of inner-party dissent is laudable, but the observation that it is in the nature of politics for leaders to form new alliances and break into new forms raises concern about the effectiveness of the anti-defection law.
    The issue of inner-party democracy:

    • The issue of inner-party democracy in India underscores the lack of democratic processes within political parties, leading to challenges like dynastic politics, nepotism, and ineffective candidate selection.
    • Presently, there is no statutory backing for internal democratic regulation of political parties in India and the only governing provision is under Section 29A of the Representation of the Peoples’ Act, 1951 which entails registration of political parties with the Election Commission of India.
    • Reports from the 2nd ARC, the National Commission to Review the Working of the Constitution and the Law Commission have both recommended introducing statutes to enforce internal democracy for political parties.

     Way Forward:

    • Need for Robust democratic structures: The 255th Report of the Law Commission of India proposed amendments to the Representation of the People Act, 1951 which could mandate that besides having a constitution, political parties elect an executive committee (for the party), select candidates who are to contest elections to Parliament or State Assemblies, and conduct regular elections within the party at every level.
    • Need for Statutory regulation: The Law Commission also proposed granting the Election Commission of India the powers to impose monetary penalties or withdraw the registration of a political party in case it failed to comply.

    BACK2BASICS

    About Anti-Defection Law in India:

    • The Anti-Defection Law in India, introduced in 1985 through the Tenth Schedule of the 52nd Amendment to the Constitution, aims to limit political defections and ensure democratic stability by curbing unethical practices.
    • This law prohibits elected representatives from defecting to another party after being elected, thereby promoting party discipline and preventing opportunistic defections that can destabilize governments.
    • Despite its significance, there have been calls for reforming the anti-defection law to address challenges and ensure its effectiveness in maintaining the integrity of the political system.
    Mains:

    1) “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. [UPSC CSE 2016]

    Prelims:

    1) Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? [UPSC CSE 2014]

    a) Second Schedule

    b) Fifth Schedule

    c) Eighth Schedule

    d) Tenth Schedule