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Subject: Federal System

  • Key Takeaways of SC’s Maharashtra Verdict

    The Supreme Court issued a unanimous judgment on various issues related to the split in a political party in Maharashtra in June 2022.

    Key Takeaways

    Here are the key takeaways from the verdict:

    (1) Disqualification

    • MLA disqualifications upheld: The Supreme Court did not interfere with the proceedings related to the disqualification of 16 MLAs (who had gone to Dehradun) including Chief Minister.
    • Onus on Speaker: The court stated that the issue of disqualification should be decided by the Speaker of the Legislative Assembly as per established procedures in law.

    (2) Consideration of Party Constitution

    • Political party constitution: The court emphasized that while deciding disqualification pleas, the Speaker must consider the constitution of the political party, which was submitted to the Election Commission (EC) with the consent of both factions.
    • Split occurred later: The court clarified that the “split” in the party would no longer be a defense available to MLAs facing disqualification.

    (3) Governor’s Role

    • Issue over floor test circumstances: The court criticized the then Governor for calling a floor test without sufficient objective material to show that the incumbent government had lost the confidence of the House.
    • Must remain politically neutral: The court stated that the Governor should exercise their power within the limits of the law and should not enter the political arena nor interfere in intra-party disputes.

    (4) Former CM Resignation

    • Should have faced floor test: The court mentioned that erstwhile CM of tripartite government, who led one of the factions, had resigned and did not face the floor test.
    • Re-instation was possible: The court held that it could not quash a resignation submitted voluntarily, but if ex-CM had refrained from resigning, the court could have considered a remedy to reinstate his government.

    (5) Illegal Appointment of Whip

    • The court deemed the appointment of the whip by the split-led faction to be illegal.
    • The Speaker should have conducted an independent inquiry to verify the decision of the political party regarding the appointment of the whip.

    (6) Distinction between Legislature Party and Political Party

    • The court clarified that the legislature party and the political party cannot be conflated.
    • The court stated that a political party must be registered with the Election Commission, while the legislature party has independent existence to provide defense to legislators’ actions within the political party.

    (7) Concurrent Jurisdiction of Speaker and EC

    • The court rejected the contention that the Election Commission was barred from deciding on the party symbol dispute until the Speaker decided the disqualification pleas.
    • The court stated that both the Speaker and the EC can adjudicate issues concurrently.

    (8) Others

    • Nabam Rebia Case, 2016: Additionally, the court referred certain issues related to its judgment in the Nabam Rebia Case to a larger Bench.
    • Restrictions on the ousted Speaker: This included the restriction of the Speaker’s powers in issuing disqualification notices to MLAs in the presence of a notice for the Speaker’s removal.

     

     

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  • Delhi vs. Centre: Key takeaways of SC’s verdict

    Central Idea

    Key takeaways

    (1) Disagreement with Justice Bhushan’s Judgment

    • The Supreme Court stated that it does not agree with Justice Ashok Bhushan’s judgment that the Delhi government has no power over services.

    (2) Article 239A and Legislative Assembly for NCT

    • The Supreme Court highlighted that Article 239A establishes a legislative assembly for the National Capital Territory of Delhi.
    • The members of the legislative assembly are elected by the electorate of Delhi, and the interpretation of Article 239A should support representative democracy.

    (3) Limits of Power

    • The court clarified that the control over services does not extend to areas related to public order, police, and land.

    (4) Delhi Government Represents Representative Form of Government

    • According to the Supreme Court, the Delhi government, like other states, represents the representative form of government.
    • Any expansion of the central government’s power would contradict the Constitutional scheme.

    (5) Impact on Ministers’ Control

    • The court noted that if administrative services are excluded from the legislative and executive domains, ministers would be excluded from controlling civil servants responsible for implementing executive decisions.

    (6) Executive Power and Existing Law

    • The court clarified that the executive power of the state is subject to existing union laws.

    (7) Principle of Collective Responsibility

    • The Supreme Court emphasized that if officers do not report to ministers or fail to follow their instructions, the principle of collective responsibility will be affected.

    (8) Triple Chain of Accountability

    • Chief Justice of India DY Chandrachud highlighted that denying democratically elected governments the power to control officers would render the principle of the triple chain of accountability redundant.

    Back2Basics: Article 239AA

    • Article 239AA granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through the 69th Constitutional Amendment.
    • It provided a Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers.
    • That’s when Delhi was named as the National Capital Region (NCT) of Delhi.
    • As per this article – Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters.
    • For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have the power to make laws for NCT of Delhi.

     

     

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  • Article 355 imposed in Manipur

    manipur

    Central Idea

    • Recently, unrest in the state of Manipur was triggered by a decision of the High Court to pursue a 10-year-old recommendation to grant Scheduled Tribe (ST) status to the non-tribal Meitei community.
    • In view of the prevailing unprecedented burning situation, the Centre has imposed Article 355 in the state, in an effort to control the situation, according to reliable sources.

    What is Article 355?

    • Article 355 of the Indian Constitution is a provision that empowers the Union government to protect every state in India against external aggression and internal disturbances.
    • It is a provision under Part XVIII of the Constitution, titled “Emergency Provisions”.
    • It is based on the principle of “duty to protect” enshrined in the Constitution, which makes it mandatory for the Union government to protect every state from external and internal threats.

    Restrictions under Article 355

    Under Article 355, the Union government has the power to issue directions to any state to ensure compliance with the Union’s laws and regulations. However, there are certain restrictions on this power:

    • The directions can only be given when there is a failure of the state machinery to comply with or give effect to any Union law or regulation.
    • The directions should be of an urgent nature and may not extend beyond the necessary period for remedying the failure of the state machinery.
    • The state government should be given an opportunity to submit its views before the issuance of such directions.
    • The Union government cannot use this power to intervene in the internal affairs of a state unless there is a failure of the state machinery.

    Duration of restriction

    • The duration of the assistance provided under Article 355 is not specified in the Constitution.
    • The Union government can withdraw its assistance when the situation is normalized or when the state government requests it to do so.
    • The duration of the assistance provided under Article 355 is subject to judicial review and can be challenged in court if it violates any fundamental rights or constitutional provisions.

    Circumstances of imposition

    Article 355 can be invoked by the President of India in certain circumstances, such as:

    1. When a state fails to comply with or to give effect to any of the directions given by the Union under the Constitution.
    2. When the security of India is threatened by external aggression or internal disturbance.
    3. When there is a threat to the unity and integrity of India due to any violent activities by any group or organization.
    4. When a state requests for assistance from the Union to maintain public order and the Union is satisfied that the situation in the state cannot be controlled by the state’s own forces.
    5. When a state fails to provide adequate protection to minorities, particularly in cases of communal violence.
    6. When a state government fails to ensure that the constitutional machinery is maintained in the state.

    Reasonable restrictions

    It is important to note that the use of Article 355 is subject to certain restrictions:

    1. The President cannot use this article on his/her own initiative; it must be done on the advice of the Union Council of Ministers.
    2. The use of Article 355 does not authorize the President to intervene directly in the affairs of the state.
    3. The President can use this article only to give directions to the state government, and not to the state legislature or the judiciary.
    4. The use of Article 355 should be limited in duration and scope, and should not result in the permanent erosion of the state’s autonomy or the violation of its constitutional rights.

    Centrestage of the row: Meitei Community

    • Manipur is geographically divided into the Imphal Valley and the surrounding hills.
    • The Imphal Valley is dominated by the non-tribal Meitei community, which accounts for more than 64% of the population.
    • The hills, which comprise 90% of Manipur’s geographical area, are inhabited by more than 35% recognized tribes, which are largely Christians.
    • The Meiteis are largely Hindus followed by Muslims, while the 33 recognized tribes are broadly classified into ‘Any Naga tribes’ and ‘Any Kuki tribes.’

    Behind the ST status: The Meitei Argument

    • The Manipur High Court directed the State government to submit a 10-year-old recommendation for the inclusion of the Meitei community in the Scheduled Tribe (ST) list.
    • The ST status is needed to “preserve” the community and “save the ancestral land, tradition, culture, and language” of the Meiteis.
    • The Meiteis were recognized as a tribe before the merger of the State with the Union of India in 1949.

    Tribal groups’ opposition to the ST Status

    • Advantaged community: Many tribal groups say the Meiteis have a demographic and political advantage besides being more advanced than them academically and in other aspects.
    • Benefits at others cost: They feel the ST status to the Meiteis would lead to loss of job opportunities and allow them to acquire land in the hills and push the tribals out.
    • Already benefited: The language of the Meitei people is included in the Eighth Schedule of the Constitution, and many of them have access to benefits associated with the SC, OBC, or EWS status.
    • Political vendetta: The demand for ST status is a ploy to attenuate the fervent political demands of the Kukis and Nagas, as well as a tacit strategy of the dominant valley dwellers to make inroads into the hill areas of the State.

    Immediate triggers of unrest

    • Some tribal groups with vested interests are trying to scuttle Chief Minister Nongthombam Biren Singh’s crusade against drugs.
    • The anti-drug drive began with destroying poppy fields and the theory that “illegal settlers” from Myanmar — ethnically related to the Kuki-Zomi people of Manipur — are behind clearing forests and government lands to grow opium and cannabis.
    • The first violent protest on March 10 was against the eviction of the residents of a Kuki village.
    • The large-scale arson and violence claiming the life of at least one person on May 3 and 4 followed a “tribal solidarity rally” against the reported move to include the Meiteis in the ST list.

     

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  • Set time limit to Governor to grant assent to Bills: TN urges Centre

    governor

    Central idea: The Tamil Nadu Legislative Assembly passed a resolution urging the Union Government to issue appropriate instructions to Governor to give his assent to bills passed by the Assembly within a specific period.

    Who is Governor?

    • 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.
    • 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.
    • Similar offices: Governors exist in the states while Lieutenant Governors or Administrators exist in union territories including the National Capital Territory of Delhi.
    • Non-local appointees: Few or no governors are local to the state that they are appointed to govern.

    Governor-State Relations: How are they guided?

    • Acting on aid and advice: Although envisaged as an apolitical head who must act on the advice of the council of ministers, the Governor enjoys certain powers granted under the Constitution.
    • Discretion: He has monopoly for giving or withholding assent to a Bill passed by the state legislature, or determining the time needed for a party to prove its majority, or which party must be called first do so, generally after a hung verdict in an election.
    • Apparatus of interaction: There are no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. The management of differences has traditionally been guided by respect for each other’s boundaries.

    Role of Governor in Legislature

    • Integral part: A Bill passed by the State Assembly becomes law only after it is assented to by the Governor. The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
    • Established practice: In all democratic countries, similar provision exists in their constitutions.

    Power of Governor vis-a-vis legislature

    • What Article 200 says: The Constitution provides certain options for the Governor to exercise when a Bill reaches him from the Assembly.
    • There are four possible scenarios:
    1. Assent: He may give assent.
    2. Reconsider: He can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself. In this case, if the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it.
    3. Reserve: The third option is to reserve the Bill for the consideration of the President.
    4. Withhold: The fourth option, of course, is to withhold the assent.

    Why there is ambiguity over the role of governors in India?

    • Role of the governor: 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.
    • 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.
    • Constitution is silent: the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
    • No remedy: The Indian Constitution, however, does not provide any such remedy as that of USA or UK. 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.

    Various friction points

    In recent years, these have been largely about:

    1. Selection of the party to form a government
    2. Deadline for proving the majority
    3. Sitting on Bills
    4. Withhold of assents
    5. Passing negative remarks on the state administration

    Why does this happen?

    • 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 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: Once can sugercoat 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.

    What reforms have been suggested?

    • From the Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 and the one mentioned above, several panels have recommended reforms, such as:
    1. Selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM,
    2. Fixing his tenure for five years
    3. Provision to impeach the Governor by the Assembly
    • No government has implemented any of these recommendations.

     

  • How is a ‘National Party’ in India defined?

    The Election Commission of India recognised the Aam Aadmi Party (AAP) as a national party, while revoking the status of the All India Trinamool Congress, Nationalist Congress Party (NCP) and the Communist Party of India (CPI).

    What is National Party?

    • The name suggests that a national party would be one that has a presence ‘nationally’, as opposed to a regional party whose presence is restricted to only a particular state or region.
    • National parties are usually India’s bigger parties.
    • However, some smaller parties, like the communist parties, are also recognised as national parties in India.
    • A certain stature is sometimes associated with being a national party, but this does not necessarily translate into having a lot of national political clout.

    How is a political party defined?

    The ECI’s Political Parties and Election Symbols, 2019 handbook species following criteria:

    National Party Definition

    For recognition as a “National Party” in India, the conditions specified are:

    1. a 6% vote share in the last Assembly polls in each of any four states, as well as four seats in the last Lok Sabha polls; or
    2. 2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states; or
    3. Recognition as a state party in at least four states.

    For recognition as a “State Party”, any one of five conditions needs to be satisfied:

    1. two seats plus a 6% vote share in the last Assembly election in that state; or
    2. one seat plus a 6% vote share in the last Lok Sabha election from that state; or
    3. 3% of the total Assembly seats or 3 seats, whichever is more; or
    4. one of every 25 Lok Sabha seats (or an equivalent fraction) from a state; or
    5. an 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls.

    Benefits for recognized National Parties in India

    • This is subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968.

    (a) Reserved Symbol

    • If a party is recognised as a ‘state party’, it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the state in which it is so recognised.
    • If a party is recognised as a ‘national party’ it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India.

    (b) Proposer for nomination

    • Recognised ‘state’ and ‘national’ parties in India need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • National Parties in India are also entitled for two sets of electoral rolls free of cost and broadcast/telecast facilities over state-owned Akashvani/Doordarshan during the general elections.

     

  • 16th Finance Commission to be constituted in November

    The Union government is gearing up to constitute the Sixteenth Finance Commission in November this year to recommend the formula for sharing revenues between the Centre and the States for the five-year period beginning 2026-27.

    What is the Finance Commission?

    • The Finance Commission (FC) was established by the President of India in 1951 under Article 280 of the Indian Constitution.
    • It was formed to define the financial relations between the central government of India and the individual state governments.
    • The Finance Commission (Miscellaneous Provisions) Act, 1951 additionally defines the terms of qualification, appointment and disqualification, the term, eligibility and powers of the Finance Commission.
    • As per the Constitution, the FC is appointed every five years and consists of a chairman and four other members.
    • Since the institution of the First FC, stark changes in the macroeconomic situation of the Indian economy have led to major changes in the FC’s recommendations over the years.

    Constitutional Provisions

    Several provisions to bridge the fiscal gap between the Centre and the States were already enshrined in the Constitution of India, including Article 268, which facilitates levy of duties by the Centre but equips the States to collect and retain the same.

    Article 280 of the Indian Constitution defines the scope of the commission:

    1. Who will constitute: The President will constitute a finance commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.
    2. Qualifications: Parliament may by law determine the requisite qualifications for appointment as members of the commission and the procedure of selection.
    3. Terms of references: The commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same among the States themselves. It is also under the ambit of the finance commission to define the financial relations between the Union and the States. They also deal with the devolution of unplanned revenue resources.

    Important functions

    • Devolution of taxes: Distribution of net proceeds of taxes between Center and the States, to be divided as per their respective contributions to the taxes.
    • Grants-in-aid: Determine factors governing Grants-in-Aid to the states and the magnitude of the same.
    • Augment states fund: To make recommendations to the president as to the measures needed to augment the Fund of a State to supplement the resources of the panchayats and municipalities in the state on the basis of the recommendations made by the finance committee of the state.
    • Any financial function: Any other matter related to it by the president in the interest of sound finance.

    Members of the Finance Commission

    • The Finance Commission (Miscellaneous Provisions) Act, 1951 was passed to give a structured format to the finance commission and to bring it to par with world standards.
    • It laid down rules for the qualification and disqualification of members of the commission, and for their appointment, term, eligibility and powers.
    • The Chairman of a finance commission is selected from people with experience of public affairs. The other four members are selected from people who:
    1. Are, or have been, or are qualified, as judges of a high court,
    2. Have knowledge of government finances or accounts, or
    3. Have had experience in administration and financial expertise; or
    4. Have special knowledge of economics

    Key challenges ahead for 16th FC

    • Overlap with GST Council: A key new challenge for the 16th FC would be the co-existence of another permanent constitutional body, the GST Council.
    • Conflict of interest: The GST Council’s decisions on tax rate changes could alter the revenue calculations made by the Commission for sharing fiscal resources.
    • Feasibility of recommendations: Centre usually takes the Commission’s recommendations on States’ share of tax devolution and the trajectory for fiscal targets into account, and ignores most other suggestions.

    Major outstanding recommendations

    • Creating a Fiscal Council: The 15th FC has suggested creating a Fiscal Council where Centre and States collectively work out India’s macro-fiscal management challenges, but the government has signalled there is no need for it, he pointed out.
    • Creating a non-lapsable fund for internal security: The centre accepted to set up a non-lapsable fund for internal security and defense ‘in principle’, its implementation still has to be worked out.

  • What is Article 371F?

    371

    Former Sikkim CM claimed that the Sikkimese people feel betrayed as Article 371F, which guarantees special provisions for Sikkim, was “violated”.

    What is Article 371F?

    • Article 371F is a special provision in the Constitution of India that was created to provide for the unique status of Sikkim, a state located in the northeastern part of India.
    • Sikkim was an independent kingdom until 1975, when it became the 22nd state of India.
    • Article 371F was included in the Constitution to ensure that Sikkim’s distinct identity and cultural heritage were protected and preserved after its merger with India.

    Special provisions for Sikkim

    Under Article 371F, Sikkim has been granted several special provisions that are not available to other states in India. Some of the key provisions of Article 371F are:

    • Protection of Sikkimese people: Only the descendants of Sikkim subjects (those who lived in the state before its merger with India) whose names were mentioned in the 1961 register are considered Sikkimese and are entitled to certain benefits, such as the right to own land and get state government jobs. They are also exempted from paying income tax.
    • Legislative powers: The Governor of Sikkim has special powers with respect to the Sikkim Legislative Assembly, including the power to nominate one member to the Assembly and the power to give his or her assent to certain bills.
    • Constitutional safeguards: Certain constitutional safeguards have been provided to the people of Sikkim to protect their distinct identity and cultural heritage.
    • Formation of Committees: The Central Government has the power to appoint a committee of experts to advise on matters related to Sikkim, and the State Government can also appoint committees to examine issues related to the protection of Sikkim’s unique identity.

    Why in news?

    • The Financial Bill, 2023 redefined Sikkimese as any Indian citizen domiciled in Sikkim, which would extend these benefits to a broader population.
    • This move is seen as a violation of Article 371F, which was the basis for Sikkim’s merger with India in 1975.

    Concerns highlighted

    • The leader claimed that the people of Sikkim feel betrayed by the violation of Article 371F.
    • He alleged that Sikkim has become a hotbed for political violence.
    • He claimed that unrest in a sensitive border state like Sikkim is not good for national security.

    Back2Basics: Article 371

    • It is a provision in the Constitution of India that grants special provisions and autonomy to certain states in India.
    • It is a set of temporary and transitional provisions that were included in the Constitution to address the specific needs and aspirations of various regions and communities in the country.
    • The provisions of Article 371 differ from state to state, depending on the specific needs and demands of the region. For instance:
    1. Maharashtra and Gujarat: Article 371 provides for special provisions for the states of Maharashtra and Gujarat, which grants certain rights and privileges to the people of the Marathi-speaking areas of Maharashtra and the Gujarati-speaking areas of Gujarat.
    2. Nagaland: Article 371A provides for special provisions and autonomy for the state of Nagaland. It grants the Nagaland Legislative Assembly special powers with respect to lawmaking, and prohibits outsiders from acquiring land in the state.
    3. Assam: Article 371B provides for special provisions for the state of Assam, which includes the establishment of a regional council for the state and grants the council certain legislative and executive powers.
    4. Manipur: Article 371C provides for special provisions for the state of Manipur. It gives the Manipur Legislative Assembly the power to enact laws related to land, forests, and minerals, and also provides for the protection of the rights of the hill tribes in the state.
    5. Andhra Pradesh: Article 371D provides for the establishment of a special committee to oversee the development of backward regions in the state of Andhra Pradesh.
    • The provisions are aimed at promoting the development and welfare of the people in these states, while preserving their unique cultural and linguistic identity.

     

     

  • What is Model Code of Conduct?

    model

    The Election Commission of India announced the date for Karnataka Assembly elections.  Hence the model code of conduct comes into the picture.

    Model Code of Conduct

    • It is a set of guidelines issued by ECI to regulate political parties and candidates before elections.
    • The rules range from issues related to speeches, polling day, polling booths, portfolios, content of election manifestos, processions and general conduct so that free and fair elections are conducted.

    When does it come into effect?

    • According to the PIB, a version of the MCC was first introduced in the state assembly elections in Kerala in 1960.
    • It was largely followed by all parties in the 1962 elections and continued to be followed in subsequent general elections.
    • In October 1979, the EC added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections.
    • The MCC comes into force from the date the election schedule is announced until the date that results are out.

    Restrictions imposed under MCC

    The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.

    For Governments

    • As soon as the code kicks in, the party in power whether at the Centre or in the States should ensure that it does not use its official position for campaigning.
    • Hence, no policy, project or scheme can be announced that can influence the voting behaviour.
    • The code also states that the ministers must not combine official visits with election work or use official machinery for the same.
    • The ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc. which may influence the voters.
    • Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments can be used to lure voters.

    For Political Parties

    • The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.
    • The ruling party also cannot use government transport or machinery for campaigning.
    • It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power.

    Campaigning

    • Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is also prohibited.
    • The 48-hour period is known as “election silence”.
    • The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote
    • The issue of advertisement at the cost of public exchequer in the newspapers and other media is also considered an offence.
    • Mosques, Churches, Temples or any other places of worship should not be used for election propaganda. Bribing, intimidating or impersonation of voters is also barred.

    Is it legally binding?

    • The fact is the MCC evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties.
    • It has no statutory backing. Simply put, this means anybody breaching the MCC can’t be proceeded against under any clause of the Code..
    • The EC uses moral sanction or censure for its enforcement.

    What if violated?

    • The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or based on a complaint by another party or individual.
    • Once a notice is issued, the person or party must reply in writing either accepting fault and tendering an unconditional apology or rebutting the allegation.
    • In the latter case, if the person or party is found guilty subsequently, he/it can attract a written censure from the ECI — something that many see as a mere slap on the wrist.
    • However, in extreme cases, like a candidate using money/liquor to influence votes or trying to divide voters in the name of religion or caste, the ECI can also order registration of a criminal case under IPC or IT Act.
    • In case of a hate speech, a complaint can be filed under the IPC and CrPC; there are laws against the misuse of a religious place for seeking votes, etc.

    Using powers under Art. 324

    • The Commission rarely resorts to punitive action to enforce MCC, there is one recent example when unabated violations forced EC’s hand.
    • During the 2014 Lok Sabha polls, the EC had banned a leader and now party president from campaigning to prevent them from further vitiating the poll atmosphere with their speeches.
    • The Commission resorted to its extraordinary powers under Article 324 of the Constitution to impose the ban.
    • It was only lifted once the leaders apologised and promised to operate within the Code.

    What if given Statutory Backing?

    • Both the ECI and several independent experts, believe that giving statutory backing to the MCC would only make the job of the Commission more difficult.
    • This is because every alleged offence will then have to go to an appropriate court, and right up to the Supreme Court.
    • Given the flaws of our legal system, election petitions filed decades ago are still pending before many High Courts — it is anybody’s guess what that situation might lead to.

  • Disqualification of a MP over Criminal Charges

    disqualification

    Central idea: A politician has been sentenced to two years in jail by a Surat court in a 2019 defamation case filed against him for his remarks about the surname of a community. This conviction could lead to his disqualification.

    Disqualification of a Lawmaker

    Disqualification of a lawmaker is prescribed in three situations-

    1. Constitutional provisions: First is through Articles 102(1) and 191(1) for disqualification of a member of Parliament and a member of the Legislative Assembly respectively. The grounds here include holding an office of profit, being of unsound mind or insolvent or not having valid citizenship.
    2. Defection: It is in the Tenth Schedule of the Constitution, which provides for the disqualification of the members on grounds of defection.
    3. Representation of The People Act (RPA), 1951: It provides for disqualification for conviction in criminal cases.

    Disqualification under RPA, 1951

    • It provides for disqualification for conviction in criminal cases.
    • Section 8 of the RPA deals with disqualification for conviction of offences.
    • The provision is aimed at “preventing the criminalisation of politics” and keeping ‘tainted’ lawmakers from contesting elections.

    Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”

    Appeal and stay of disqualification

    • The disqualification can be reversed if a higher court grants a stay on the conviction or decides the appeal in favour of the convicted lawmaker.
    • In a 2018 decision in ‘Lok Prahari v Union of India’, the Supreme Court clarified that the disqualification “will not operate from the date of the stay of conviction by the appellate court.”
    • This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.

    Changes in the Law

    • Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.
    • Within that period, lawmakers could file an appeal against the sentence before the High Court.
    • However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

    Lily Thomas Verdict

    • The Lily Thomas verdict was a landmark judgment delivered by the Supreme Court of India in 2013.
    • The verdict struck down a provision in the Representation of the People Act (RPA), which allowed convicted lawmakers to continue in office if they filed an appeal within three months of their conviction.
    • The provision, which was part of Section 8(4) of the RPA, had been criticized for allowing convicted politicians to continue to hold public office while their appeals were pending in higher courts, and for contributing to the criminalization of politics in India.The verdict was seen as a major step towards cleaning up Indian politics and ensuring that convicted criminals do not get to occupy public offices.

     

     

  • What does ‘Guillotine’ refer to in legislative parlance?

    Central idea: Amidst the ongoing stalemate in Parliament, some MPs said the government may guillotine the demands for grants and pass the Finance Bill without any discussion in the Lok Sabha.

    What is a Guillotine?

    • A guillotine is an apparatus designed for efficiently carrying out executions by beheading.
    • It consists of a large, weighted blade that is raised to the top of a tall, erect frame and released to fall on the neck of a condemned person secured at the bottom of the frame, executing them in a single, clean pass.
    • The origin of the exact device as well as the term can be found in France.
    • The design of the guillotine was intended to make capital punishment more reliable and less painful in accordance with new Enlightenment ideas of human rights.

    Guillotine Motion in Parliament

    • In legislative parlance, to “guillotine” means to bunch together and fast-track the passage of financial business.
    • It is a fairly common procedural exercise in Lok Sabha during the Budget Session.
    • After the Budget is presented, Parliament goes into recess for about three weeks, during which time the House Standing Committees examine Demands for Grants for various Ministries, and prepare reports.
    • After Parliament reassembles, the Business Advisory Committee (BAC) draws up a schedule for discussions on the Demands for Grants.
    • Given the limitation of time, the House cannot take up the expenditure demands of all Ministries; therefore, the BAC identifies some important Ministries for discussion.
    • It usually lists Demands for Grants of the Ministries of Home, Defence, External Affairs, Agriculture, Rural Development and Human Resource Development.

    Why use such a motion?

    • Members utilise the opportunity to discuss the policies and working of Ministries.
    • Once the House is done with these debates, the Speaker applies the “guillotine”, and all outstanding demands for grants are put to vote at once.
    • This usually happens on the last day earmarked for the discussion on the Budget.
    • The intention is to ensure the timely passage of the Finance Bill, marking the completion of the legislative exercise with regard to the Budget.