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  • 27th edition of UN-Conference of Parties (UN-COP)

    cop

    The port city of Sharm El-Sheikh, Egypt is hosting the 27th edition of the UN-Conference of Parties (UN-COP).

    Quick recap

    • Last year, PM Modi, at the 26th edition of the COP in Glasgow, Scotland, committed to India becoming net-zero, or in effect carbon neutral, by 2070 along with Panchamrita
    • Environment Minister will be leading the Indian delegation to COP-27 in Egypt.
    • India is determined to press developed countries into making good their unfulfilled commitment to deliver $100 billion a year of climate finance by 2020 and every year thereafter till 2025.

    Conference of Parties (CoP): A Backgrounder

    • The CoP comes under the United Nations Climate Change Framework Convention (UNFCCC) which was formed in 1994.
    • The UNFCCC was established to work towards “stabilisation of greenhouse gas concentrations in the atmosphere.”
    • It laid out a list of responsibilities for the member states which included:
    1. Formulating measures to mitigate climate change
    2. Cooperating in preparing for adaptation to the impact of climate change
    3. Promoting education, training and public awareness related to climate change
    • The UNFCCC has 198 parties including India, China and the USA. COP members have been meeting every year since 1995.

    COP1 to COP25: Key takeaways

    • COP1: The first conference was held in 1995 in Berlin.
    • COP3: It was held in Kyoto, Japan, in 1997, the famous Kyoto Protocol (wef 2005) was adopted. It commits the member states to pursue limitation or reduction of greenhouse gas emissions.
    • COP8: India hosted the eighth COP in 2002 in New Delhi. It laid out several measures including, ‘strengthening of technology transfer… in all relevant sectors, including energy, transport and R&D,  and the strengthening of institutions for sustainable development.
    • COP21: it is one of the most important that took place in 2015, in Paris, France. Here countries agreed to work together to ‘limit global warming to well below 2, preferably at 1.5 degrees Celsius, compared to pre-industrial levels.’

    Significance of COP

    • The event will see leaders from more than 190 countries, thousands of negotiators, researchers and citizens coming together to strengthen a global response to the threat of climate change.
    • It is a pivotal movement for the world to come together and accelerate the climate action plan after several discussion.

    Key agenda of the COP27

    Ans. Loss and Damage Funding

    • The term ‘Loss and Damage’ refers to the economic and non-economic impacts of climate change, including extreme events in countries that are particularly vulnerable to the adverse effects of climate change.
    • Rich countries, historically responsible for the climate crisis, have bullied poorer nations to protect polluters from paying up for climate damages.
    • The term was brought up as a demand in 1991 by the island country of Vanuatu, which was representing the Alliance of Small Island States (AOSIS).

     

    Try this PYQ:

    Q.With reference to the Agreement at the UNFCCC Meeting in Paris in 2015, which of the following statements is/are correct?

    1. The Agreement was signed by all the member countries of the UN and it will go into effect in 2017.
    2. The Agreement aims to limit the greenhouse gas emissions so that the rise in average global temperature by the end of this century does not exceed 2 degree Centigrade or even 5 degree Centigrade above pre-industrial levels.
    3. Developed countries acknowledged their historical responsibility in global warming and committed to donate dollar 1000 billion a year from 2020 to help developing countries to cope with climate change.

    Select the correct answer using the code given below:

    (a) 1 and 3 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 1, 2 and 3

     

    Post your answers here.

     

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  • What is Sealed Cover Jurisprudence?

    seal

    The Supreme Court has suggested a way out of routinely filing documents in sealed covers, especially in cases touching on national security.

    What did the apex Court say?

    • The court said the government could redact the sensitive portions and show the rest to the petitioners.
    • This would address both the state’s concerns about “national security” and the “right to know” of petitioners.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation of cases related to national security
    2. Details that are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhima Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Issues with such jurisprudence

    • This practice appears to be unfavorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

     

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  • Black Sea Grain Initiative

    black sea

    The UN Secretary-General Antonio Guterres has called for the renewal of the Black Sea Grain Initiative as Russia has agreed to resume its participation.

    Black Sea Grain Initiative

    • The Initiative eased Russia’s naval blockade and saw the reopening of three key Ukrainian ports.
    • The agreement to create the sea corridor was negotiated by representatives from Ukraine, Russia, the UN and Turkey in July this year.
    • The agreement created procedures to safely export grain from certain ports to attempt to address the 2022 food crisis.
    • It provides a safe maritime humanitarian corridor for Ukrainian exports (particularly for food grains) from three of its key ports, namely, Chornomorsk, Odesa and Yuzhny/Pivdennyi in the Black Sea.

    Outcomes of this deal

    • Approximately 9.8 million tonnes of grains have been shipped so far since the deal was brokered.
    • People hoarding the grain in the hope of selling it for a sizable profit owing to the supply crunch were now obligated to sell.
    • The initiative has also been credited for having made a huge difference to the global cost of living crisis.

    What would suspension of the deal mean?

    • In a nutshell, the deal’s suspension was expected to re-introduce the price pressures on grain prices, especially that of wheat, with inventory being at historical lows.
    • It could particularly impact countries in the Middle East and Africa such as Egypt, Turkey, Lebanon, Sudan and Yemen which have benefitted from the resumption and are particularly dependent on Russian and Ukrainian exports

    About Black Sea

    black sea

    • The famed water body is bound by Ukraine to the north and northwest, Russia and Georgia to the east, Turkey to the south, and Bulgaria and Romania to the west.
    • It links to the Sea of Marmara through the Bosphorus and then to the Aegean through the Dardanelles.

    Significance of Black Sea for Russia

    • Domination of the Black Sea region is a geostrategic imperative for Moscow.
    • Black Sea has traditionally been Russia’s warm water gateway to Europe.
    • For Russia, the Black Sea is both a stepping stone to the Mediterranean.
    • It acts as a strategic buffer between NATO and itself.
    • It showcases the Russian power in the Mediterranean and to secure the economic gateway to key markets in southern Europe.
    • Russia has been making efforts to gain complete control over the Black Sea since the Crimean crisis of 2014.

     

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  • In news: Wangala Dance of Garo Tribe

    wangala

    This newscard is an excerpt from a picture in the print edition of TH.

    Wangala Dance

    wangala

    • Wangala is also called the festival of “The Hundred Drums“.
    • It is a harvest festival celebrated by the Garo tribe in Meghalaya, Nagaland and Assam and Greater Mymensingh in Bangladesh.
    • In this post-harvest festival, they give thanks to Misi Saljong the sun god, for blessing the people with a rich harvest.
    • Wangala is celebrated in the months from September to December, with different villages setting different dates for the occasion.

    Course of celebration

    • The ceremony performed on first day is known as “Ragula” is performed inside the house of the chief.
    • On the second day is known as “Kakkat“.
    • Folks dressed in their colorful costumes with feathered headgears dance to the tune of music played on long oval-shaped drums.
    • While the men beat the drums, the line moves forward in rhythmic accord.
    • The ‘orchestra’ of men includes drums, gong and flutes, punctuated by the sonorous music of an primitive flute made of buffalo horn.

     

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  • Good News: Child marriage is on the decline

    Child marriage

    Content

    • The steering committee of a global programme to end child marriage is on a visit to India to witness state interventions which have helped reduce the prevalence of child marriage.

    What are the findings of the committee?

    • Increase in Child marriage as a pandemic effect: The visit by the UNFPA-UNICEF Global Programme to End Child Marriage team is in view of an estimated increase in number of child brides due to the pandemic. The UNFPA-UNICEF estimates that 10 million children could become child brides as a result of the pandemic globally.
    • Child marriages reduced in India according to NFHS-5: In India, child marriage reduced from 47.4% in 2005-06 to 26.8% in 2015-16, registering a decline of 21% points during the decade. In the last five years, it declined by 3.5% points to reach 23.3% in 2020-21, according to the latest National Family Health Survey-5 data.

    What is the situation in the world?

    • As per the UNICEF data: The total number of girls married in childhood stands at 12 million per year, and progress must be significantly accelerated in order to end the practice by 2030 the target set out in the Sustainable Development Goals. Without further acceleration, more than 150 million additional girls will marry before they turn 18 by 2030.
    • Progress is Uneven and not enough: While it is encouraging that in the past decade great progress has been made in South Asia, where a girl’s risk of marrying before she is 18 has dropped by more than a third, from nearly 50% to below 30%, it is not enough, and progress has been uneven.
    • Dire consequences of child marriage: Rights activists and health experts say the consequences of child marriage are dire, not only because it violates children’s rights, but also because it results in more infant and maternal deaths. Children born to adolescent mothers have a greater possibility of seeing stunted growth as they have low weight at birth. According to NFHS-5, prevalence of child stunting is 35.5% in 2019-21.

    Child marriage

    Where does India stand?

    • Declining trend in overall child marriage: There is a growing trend for decline in the overall prevalence of child marriage, but 23.3% is still a disturbingly high percentage in a country with a population of 141.2 crore. Eight States have a higher prevalence of child marriage than the national average.
    • High prevalence in some bigger States: West Bengal and Bihar have the highest prevalence of girl child marriage. States with a large population of tribal poor have a higher prevalence of child marriage. West Bengal, Bihar and Tripura top the list with more than 40% of women aged 20-24 years married below 18, according to NFHS data.
    • Scenario in Jharkhand and Assam: In Jharkhand, 32.2% of women in the age bracket 20-24 got married before 18, according to NFHS-5; infant mortality stood at 37.9%, and 65.8% of women in the 15-19 age bracket are anaemic. Assam too has a high prevalence of child marriage (31.8% in 2019-20 from 30.8% in 2015-16).
    • Child marriages reduced in some states: Some States have shown a reduction in child marriages, like Madhya Pradesh (23.1% in 2020-21 from 32.4% in 2015-16), Rajasthan (25.4% from 35.4%) and Haryana.
    • Several States are pegged just below the national average: In Odisha, 20.5% of women were married off before 18 in 2020-21 from 21.3% in 2015-16.
    • States on better social indices as a result of high literacy: States with high literacy levels and better health and social indices have fared much better on this score. In Kerala, women who got married before the age of 18 stood at 6.3% in 2019-20, from 7.6% in 2015-16. Tamil Nadu too has shown improved figures with 12.8% of women in the age group 20-24 years getting married before 18 compared to 16.3% in 2015-16.

    Child marriage

    What are the laws and policy interventions?

    • Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012: These laws aim at protecting children from violation of human and other rights.
    • A positive debate on raising the age of Marriage: A parliamentary standing committee is weighing the pros and cons of raising the age of marriage for women to 21, which has been cleared by the Union Cabinet. With various personal laws governing marriages in India, the government wants to amend the law, a reform that activists and agencies have said will not be enough to stop the practice of child marriage.
    • Various schemes: There are no of Centralised schemes like the Beti Bachao Beti Padhao, which are performing better on empowering the girl children
    • Various initiatives by the states: States have launched many initiatives to improve the factors linked to child marriage, from education to health care and awareness programmes. For instance, West Bengal’s Kanyashree scheme offers financial aid to girls wanting to pursue higher studies, though women’s activists have pointed out that another scheme Rupashree, which provides a one-time payment of ₹25,000 to poor families at the time of a daughter’s marriage, may be counter-productive. Bihar and other States have been implementing a cycle scheme to ensure girls reach safely to school; and U.P. has a scheme to encourage girls to go back to school.

    Child marriage

    What needs to be done?

    • Need a multidimensional approach: According to Sandeep Chachra, ActionAid Association India, which has been working with UNICEF and UNFPA said the solution lies in empowering girls, creating proper public infrastructure and addressing societal norms.
    • Awareness not only about the law but also about the dire consequences on Health: Uma Mahadevan-Dasgupta, who serves in the IAS, says several thousand child marriage prohibition officers have been notified in Karnataka and 90,000 local gram panchayat members have been oriented to spread awareness on child marriage, not only that it is illegal to get a child married off before 18, but also the dangers to the child’s health and her offspring.
    • Focusing on the overall girl child development: They stress on an all-pronged approach to end the practice; strong laws, strict enforcement, preparing an ideal situation on the ground to ensure that the girl child girls with either or below primary level education have experienced higher levels of child marriage as data show gets an education and preferably vocational training as well so that she can be financially independent.
    • Schemes need better implementation: Centralised schemes like the Beti Bachao Beti Padhao, which need better implementation on the ground. Various schemes by the states needs through analysis and better implementation at the grass root level.

    Conclusion

    • Data shows that child marriage is a key determinant of high fertility, poor maternal and child health, and lower social status of women. There has been a rise in child marriages during the pandemic, but many have been prevented as well. A lot more needs to be done on factors closely linked to child marriage, including eradication of poverty, better education and public infrastructure facilities for children, raising social awareness on health, nutrition, regressive social norms and inequalities.

    Question

    Q. Child marriages comes with dire consequences on adolescent mothers and children born to them. Evaluate the status on prevalence of child marriages In India and how to address the situation?

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  • Webinar by Priya Rani AIR 284- How to make a daily timetable for UPSC 2023-24? Learn how to plan your day for integrated (Prelims, Mains, Optional) preparation| Get FREE CD preparatory PDFs post webinar

    Webinar by Priya Rani AIR 284- How to make a daily timetable for UPSC 2023-24? Learn how to plan your day for integrated (Prelims, Mains, Optional) preparation| Get FREE CD preparatory PDFs post webinar

    WATCH LIVE

    Date: 7th Nov 2022, 7:00 pm | Register for 1-1 conversation with senior IAS mentor for timetable discussion + FREE CD PDFs and Mains material

    Click & Register: FREE Webinar

    The mismanagement of time for any UPSC aspirant, whether a working professional or a full-time one, is caused by a lack of understanding of how to divide time according to the priority and relevance of the syllabus.

    What is mismanagement of time?

    It has 3 dimensions

    • Spend a lot of time on Prelims only
    • Starting Answer writing and Optional Subject after prelims
    • Not following a segregated daily approach

    Examinees are often advised to devote at least 12 months to prepare for the civil service examinations. But, these 12 months even may run short if you don’t have a proper/flexible timetable. The importance of planning, discipline, and consistency for UPSC preparation comes from making a timetable and planning in a manner that is balanced and integrated, which means it should include UPSC prelims, Mains, and Optional preparation.

    You mustn’t waste time if you have limited time and still wish to pass the exam because the syllabus is comprehensive and often open-ended, it needs bright covering with a select few sources.

    Acknowledging the need to ensure a holistic flexible timetable/daily routine, Priya Rani AIR 284 is taking up a webinar masterclass to help you make a timetable and impart skills to plan your day for a holistic and integrated preparation.

    Click & Register: FREE Webinar

    Objectives of the special masterclass:

    – Importance of following a Timetable (daily and weekly) in UPSC prep

    – How to plan a day to integrate Prelims, Mains and Optional?

    – Different approaches for working and college-going aspirants

    – How to maintain discipline and consistency?

    – Get a timetable designed by UPSC rankers

    Additional IMP key takeaways

    • Management of Priorities – UPSC, family, life, and work.
    • Reducing time on non-priorities.
    • Planning ahead, making targets, staying consistent w.r.t targets.
    • How should the syllabus be approached to complete it within the time limit?
    • Balancing prelims-mains on one hand and GS-current affairs on the other.
    • How to determine the primary focus areas of the Prelims, Mains, and Personality tests?
    • How to apply bookish as well as classroom knowledge to the exam?’

    Do and don’t of UPSC preparation. The most common mistakes will also be discussed.

    Click & Register: FREE Webinar

    What The Hindu mentioned about Civilsdaily Mentorship

    The Hindu has acknowledged the success rate of CD’s Smash mains Mentorship

    Quora Digests:

    Register for the webinar.

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  • Unscientific Highway Infrastructure: A Cause of Accidents

    Highway

    Context

    • In a March 2019 circular, the National Highways Authority of India (NHAI) raised the subject of premature issuance of completion certificates for national highway works. NHAI had noticed that, in certain cases, completion certificates had been issued even before the completion of works ‘up to the standards and specifications’ prescribed by the Ministry of Road Transport & Highways.

    Highway

    Status of National highways and deaths

    • 35 percent of all road deaths: NHAI is the principal organization responsible for construction of National Highways in India. National highways constitute a mere 2 percent of the country’s road network, but account for close to 35 percent of all road deaths.
    • Record 37 kms per day: The ministry has been taking credit for the pace at which national highways are being constructed. In the fiscal year 2021, it reached a record 37 kms per day. This has come down to 19.44 km per day in the first six months of the financial year 2022.

    What was the circular issued by NHAI?

    • Issuance of completion certificate: The circular forbade the issuance of such certificates, especially if non-completion resulted in ‘material inconveniences to users’ or affected their safety.
    • Likely cause of fatalities: Items such as road shoulders, road signs, markings, dressing of slopes, and road furniture were explicitly mentioned. circular was not taken with due seriousness by some authorized engineers. This negligence could have contributed to road crashes, probably resulting in fatalities.
    • Dereliction of duty by NHAI’s officials: The NHAI has now warned the delinquents that such behavior would be treated as a serious dereliction of duty and disciplinary action would be taken against officers issuing such certificates to incomplete road works. Additionally, the officers would be held personally liable in case of serious accidents that occur on such unfinished infrastructure.
    • Safety is better than pace of construction: The Minister for Road Transport & Highways stressed that it is necessary to build safer roads even if this decelerated the pace of construction.

    Highway

    Case study of NHAI’s road construction?

    • Death of Cyrus Mistry: Unfortunately, self-introspection by the NHAI in regard to safety failures and the large number of deaths on national highways was not in evidence in the aftermath of the death of Cyrus Mistry on the Ahmedabad-Mumbai national highway in September 2022.
    • Crash was result of poor infrastructure: In this instance, a seven-member forensic investigation team found that the car crash was the result of an infrastructure issue. The car in which Mistry was travelling happened to tragically hit a bridge that was faultily designed.
    • Invisible dividers: The bridge parapet was found to be protruding into the shoulder lane. Furthermore, the road with three lanes unexpectedly narrowed to a road with two lanes with a dangerous L-shaped concrete divider that had no proper paint on it.
    • Inadequate safety signs: Road signages were grossly inadequate, making that road stretch a ‘black spot’. This epithet is used for a road section where accidents are a frequent occurrence.
    • Expressways are constructed for more speed: The accident also raised issues of the excessive speed of the car that crashed. It was said that the car was travelling at a speed in excess of 100 km per hour. However, the minister himself has been in favour of higher speeds on Indian expressways and national highways. He proposed a speed limit of 140 kmph on expressways and at least 100 kmph on four-lane national highways. This, he stated, was advocated on account of considerable improvements in the quality of India’s highways that permit vehicles to go faster than in the past.
    • Speed limit safety needs to be revise: The minister was also critical of some judicial rulings that disallowed hiking speeds on national highways. However, in the light of certain facts repeatedly surfacing in regard to safety issues of national highways, it does appear that greater caution in regard to increasing speed needs to be taken.

    Critical analysis of NHAI’s road construction and maintenance

    • Rains and potholes: While the government claims that they are of international standard, a recent report highlighted the plight of road travelers on national highways post India’s monsoons. The rains have left the country’s arterial network in poor shape as they have become riddled with potholes.
    • Higher toll but poor roads: The cited report mentioned the Gurgaon-Jaipur stretch of NH-8, which, despite a hike in toll rates, remains incomplete and terribly potholed. The reason for this sorry state of affairs was revealed in a reply by the government to a parliamentary standing committee.
    • Insufficient maintenance: The budgetary provision for maintenance of national highways was a mere 40 percent of their own estimated standards. Clearly, maintenance of national highways was being discounted in favour of more kilometres of road construction. The shortfall of 60 percent of maintenance money was terribly high and resulted in the resources being thinly spread, making adequate maintenance intervention highly unlikely.
    • Inadequate budgetary allocation: The parliamentary committee pointed out in its report titled ‘Issues related to road sector’ that the shortfall in sufficient budgetary allocation was echoed in the poor quality of national highways often witnessed across the country. The committee emphasized that the maintenance of national highways was vitally significant in regard to safety and good average traffic speeds and ought to be given high priority. The issue had been repeatedly flagged by the committee.
    • NITI Aayog’s acknowledgement of poor infrastructure: Similarly, NITI Aayog, in its report titled ‘Strategy for New India @75’, advised that the government should earmark 10 percent of its annual budget for maintenance of roads and highways and move towards the developed country norm of marking 40 percent of the budget for road upkeep. It is evident that if national highways are not in shape, the economy of the country and the states takes a hit.

    Highway

    Conclusion

    • It is absolutely necessary for citizens to follow road safety norms but government cannot look away from its responsibility. Scientific road construction even at the cost of slow construction rate is non-negotiable for sake of accident prevention. Safety of citizens is prior to any world record.

  • [Burning Issue] The Case of Governor’s Activism

    governor

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    Context

    • A tweet put out recently by the office of the Kerala Governor evoked nationwide attention. The Governor sent a letter to the Kerala CM asking him to act against the State Finance Minister, who, according to the Governor, had “ceased to enjoy” the Governor’s “pleasure”. The Chief Minister declined to do so.
    • In the recent past, Indian parliamentary democracy has witnessed several examples of Governor’s activism from Maharashtra to west Bengal with this being the latest incident.
    • In this context, this edition of the Burning issue will analyze the issues related to the Governor’s office, and the governor’s Activism and suggest a way forward.

    About Governors Post in India

    • Parallel to President: The Governors of the states of India have similar powers and functions at the state level as those of the President of India at the Central level. The Governor’s post finds its origin in the Government of India Act, 1935.
    • Nominal head: The Governor acts as the nominal head whereas the real power lies with the Chief Ministers of the states and her/his councils of ministers.

    Constitutional Provisions related to the Governor

    • Article 154: The executive power of the state shall be vested in the
      Governor and shall be exercised by him either directly or through
      officers subordinate to him in accordance with this Constitution.
    • Article 163 (1): There shall be a council of ministers with the chief minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is required to exercise his functions at his discretion.
    • Article 163 (2): 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.

    Governor’s Constitutional and Situational Discretion

    Constitutional Discretion

    • Reservation of a bill for the consideration of the President (Articles 200 and 201).
    • Recommendation for the imposition of the President’s Rule in the state (Article 356).
      While exercising his functions as the administrator of an adjoining Union territory (in case of an additional charge).
    • Special responsibility for 5th and 6th schedule areas.
    • Seeking information from the chief minister with regard to the administrative and legislative matters of the state.

    Situational discretion

    • Appointment of the 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.

    Legislative Powers of the Governor

    • Governor summons the sessions of both houses of the state legislature and prorogues them.
    • The Governor can even dissolve the State Legislative Assembly.
    • These powers are formal and the Governor’s use of these powers must comply with the advice of the Council of Ministers headed by the Chief Minister.
    • He addresses the first session of the state legislature after the general elections in the state.

    Appointments to the legislature

    • He appoints 1/6th of members of the State Legislative Council in states wherever there is a bicameral legislature.
    • He nominates one member in the state legislative assembly from the Anglo-Indian Community if in view; the community is not well represented.
    • Governor is empowered under Article 192 to disqualify a member of the State legislature when the election commission recommends that the legislator is no longer complying with provisions of Article 191.

    Passing of Bills

    • All the bills passed by the state legislatures are sent to the Governor for assent.
    • Once a bill is sent to Governor for assent, he can give assent to the bill, Withhold the assent, Return the bill to the legislature for reconsideration if it is not a money bill or Reserve the bill for consideration of the President.
    • If the bill is re-passed by the legislature with or without amendment, the Governor has to give assent to the bill.

    When is the Bill sent to the President?

    • This is done under the circumstances when a bill:
    • Violates the constitution or against directive principles of state policy (DPSP)
    • Conflict with union powers
    • Against the larger interest of the country and people
    • May endanger the position of the high court in the state.

    Ordinance making power

    • When the state legislature is not in session and the Governor considers it necessary to have a law, then the Governor can promulgate ordinances.
    • These ordinances are submitted to the state legislature at its next session.
    • They remain valid for no more than six weeks from the date the state legislature is reconvened unless approved by it earlier.

    Executive functions of the Governor include

    • An important function of the Governor is to appoint the Chief Minister of the State.
    • Other ministers are also appointed by the Governor on the advice of the Chief Minister.
    • The ministers including the Chief Minister hold office at the pleasure of the Governor.
    • The Governor has the constitutional right to know the decisions of the Council of Ministers relating to the administrative affairs of the State and the proposals for legislation.

    Nani A. Palkhivala- “The Constitution intended that the Governor should be the instrument to maintain the fundamental equilibrium of the people of the State and to ensure that the mandates of the Constitution are respected in the State”. 

    Storm in news: Doctrine of pleasure

    • The Doctrine of Pleasure is a special prerogative of the British Crown where a servant of the Crown holds office during the pleasure of the Crown and he can be dismissed from the service of the Crown at pleasure.
    • The tenure of the office of a civil servant can be terminated at any time without assigning any cause. The justification for the rule is that the crown should not be bound to continue in public service for any person whose conduct is not satisfactory.
    • In India, Article 310 of the Constitution says every person in the defense or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the States holds office during the pleasure of the Governor. However, Article 311 imposes restrictions on the removal of a civil servant. 
    • Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure of the Governor.
    • ISSUE: In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister and not that of the Governor. This is what lies at the core of the Kerala Governor and Chief Minister’s current controversy.

    Other Issues with Governors in India

    • Appointment by Union Only: This often leads to the appointment of persons aligning with the party’s ideology to the post of Governor and he/she remains faithful to the Union government of the day rather than acting on the advice of the State Executive.
    • Arbitrary removal: Even after the Supreme Court Judgement in B.P. Singhal v. Union of India calling for a fixed tenure for Governors to encourage neutrality and fairness in the discharge of their duties, it is not being implemented on the ground.
    • Withholding or delaying assent to State bills: The question of whether a Governor is permitted by the Constitution to cause uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great importance, the best example of it being the NEET bill controversy in Tamil Nadu.
    • Presidential Assent: The provision concerned makes it clear that a Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.
    • Constitution ambiguity: The Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
    • No remedy: The Indian Constitution does not provide any such remedy to tackle the above issue. The courts too have more or less accepted the position that if the Governor withholds assent, the Bill will go. Thus, the whole legislative exercise will become fruitless. It does not square with the best practices in old and mature democracies.
    • Lack of a timeline: Since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length of time without doing anything. This is illogical and militates against the constitutional scheme in respect of law-making by the legislatures.
    • Misuse of discretionary powers: States allege that this provision has often been misused by the Governor who acts on the behest of the union government which is opposed to the basic scheme of the Indian Constitution.
    • Contradictory Aid and advise and Discretion: Article 163(1) says that the Council of Ministers must aid and advise the Governor. However, according to Article 163(2), the Governor can act at his discretion in certain matters as permitted by the Constitution
    • Apparatus of interaction missing: There are no provisions laid down for how the Governor and the state must engage publicly when there is a difference of opinion. The management
    • Political appointment: This is because Governors have become political appointees. Politicians become Governors and then resign to fight elections.
    • Nature of appointment: In the Constitution, there are no guidelines for the exercise of the Governor’s powers, including for appointing a CM or dissolving the Assembly.
    • Defying constituent assembly: The Constituent Assembly envisaged Governor to be apolitical.
    • Nature of appointment: The CM is answerable to the people. But the Governor is answerable to no one except the Centre.
    • Constitutional vacuum: One can relate it with ideas of constitutional morality and values, but the truth is there is a fundamental defect in the Constitution.
    • Security of Tenure: There is no provision for impeaching the Governor, who is appointed by the President on the Centre’s advice. While the Governor has 5-year a tenure, he can remain in office only until the pleasure of the President.
    • Powers in legislation: There is no limit set for how long a Governor can withhold assent to a Bill.

    SC judgments related to Governor’s post

    B.P. Singhal Vs Union of India

    • In the B.P. Singhal versus Union of India (2010) SC said “A Governor is neither an employee nor an agent of the Union Government… Like the President, Governors are expected to be apolitical, discharging purely constitutional functions, irrespective of their earlier political background.
    • “Governors cannot be politically active. While some of them may come from a political background, once they are appointed as Governors, they owe their allegiance and loyalty to the Constitution and not to any political party.”
    • It was also held that judicial review of withdrawal of pleasure was limited in the case of a Governor and that only when a prima facie case of the arbitrariness of mala fide was made out, could the court require the Centre to produce materials to satisfy itself that the withdrawal of pleasure was for good and compelling reasons.

    Nabam Rebia & others

    • The Nabam Rebia judgment was a consequence of the Arunachal Pradesh Governor J.P. Rajkhowa’s decision to advance the Assembly session, a move which led to unrest in the State and culminated in the President’s rule. The Constitution Bench held Mr. Rajkhowa’s decision to be a violation of the Constitution.
    • The SC said: “It is an accepted principle that in a parliamentary democracy with a responsible form of government, the powers of the Governor as Constitutional or formal head of the State should not be enlarged at the cost of the real executive, viz. the Council of Ministers.”
    • The Supreme Court highlighted how 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”.

    Way forward

    • Recommendations of the Punchhi Commission and Sarkaria Commission: should be considered as guiding light for the appointment and conduct of the Governors.
    • Various Supreme Court Judgments should also serve as directions for the union and state governments to deal with the office of Governors.
    • Governor’s office should be apolitical. A collegium involving the CM, opposition, and the judiciary in the selection procedure of the Governor. Governor should be appointed only after consultation with the CM of the state where he/she will work.
    • Constitutional amendments should be done in relevant articles to curtail the Discretionary powers of the Governor, including setting a timeline for assent to bills in important matters.
    • The Governor should diligently follow the “Doctrine of neutrality” to be seen as a patron of the state rather as a ‘union’s agent.

    Conclusion

    • It is worth noting here that during the Constituent Assembly debates Dr. B. R. Ambedkar categorically stated: “If the Constitution remains in principle the same as we intend that it should be, The Governor should be a purely constitutional Governor, with no power of interference in the administration of the province…”

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  • Make-II Route of Defence Procurement

    The Army has approved sanction orders for the development of niche technology by the Indian industry under the Make-II route of defence procurement.

    What are Make-Category Projects?

    • The provision of ‘Make’ category of capital acquisition in Defence Procurement Procedure (DPP) is a vital pillar for realising the vision behind the ‘Make in India’ initiative.
    • It aims to foster indigenous capabilities through design & development of required defence equipment/product/systems or upgrades/ sub-systems/components /parts by both public and private sector in a faster time frame.

    ‘Make’ Procedure has following two sub-categories:

    1. Make-I (Government Funded): Projects under ‘Make-I’ sub-category will involve Government funding of 90%, released in a phased manner and based on the progress of the scheme, as per terms agreed between MoD and the vendor.
    2. Make-II (Industry Funded): Projects under ‘Make-II’ category will involve prototype development of equipment/ system/ platform or their upgrades or their sub-systems/ sub-assembly/assemblies/ components. They aim primarily for import substitution/innovative solutions, for which no Government funding will be provided for prototype development purposes.

     

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  • Person in news: Dadabhai Naoroji

    dadabhai

    This year, 2022, marks the 130th anniversary of the election, in 1892, of the first person of Indian origin, Dadabhai Naoroji to the House of Commons.

    Why in news?

    • Election of Rishi Sunak as British PM with a narrow majority has brought to focus Naoroji.
    • He too had won Finsbury seat as a MP with a three vote’s majority.

    Dadabhai Naoroji (1825-1917)

    • Dadabhai Naoroji is well known as the “Grand Old Man of India” and “Unofficial Ambassador of India”.
    • He was a Liberal Party Member of Parliament in the British House of Commons, represnting Finsbury Central between 1892 and 1895.
    • He was the second person of Asian descent to be a British MP, the first being Anglo-Indian MP David Ochterlony Dyce Sombre.
    • He was an Indian political leader, merchant, scholar and writer who was served as 2nd, 9th, and 22nd President of the Indian National Congress from 1886 to 1887, 1893 to 1894 & 1906 to 1907.
    • His book Poverty and Un-British Rule in India brought attention to his theory of the Indian “wealth drain” into Britain.
    • He was also a member of the Second Communist International (1889).

    Other works

    • Started the Rast Goftar Anglo-Gujarati Newspaper in 1854.
    • The manners and customs of the Parsees (Bombay, 1864)
    • The European and Asiatic races (London, 1866)
    • Admission of educated natives into the Indian Civil Service (London, 1868)
    • The wants and means of India (London, 1876)
    • Condition of India (Madras, 1882)

    Influence on Gandhi and Jinnah

    • Before his Finsbury win, Naoroji met a young student of law in Inner Temple, 23-year-old Mohandas K Gandhi, and left an everlasting impact on the future leader.
    • He also met another aspiring lawyer then enrolled at Lincoln’s Inn — 16-year-old Mohammed Ali Jinnah, who was to serve for a while as Naoroji’s secretary.
    • Jinnah had the distinction of hearing Naoroji’s maiden speech in the House of Commons from the Visitors’ Gallery.

     

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