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Subject: Federal System

  • Remote EVM for Migrant Voters

    evm

    The Election Commission of India said that it has developed a prototype for a Multi-Constituency Remote Electronic Voting Machine (EVM) which would enable remote voting by migrant voters.

    Electronic Voting Machine (EVM)

    • Electronic voting is the standard means of conducting elections using Electronic Voting Machines (EVMs) in India.
    • The system was developed and tested by the state-owned Electronics Corporation of India and Bharat Electronics in the 1990s.
    • They were introduced in Indian elections between 1998 and 2001, in a phased manner.

    What are Remote EVMs?

    • Remote Electronic Voting Machines (RVM) can handle multiple constituencies from a single remote polling booth.
    • The idea is to implement voter portability as a pilot project in the upcoming Assembly elections in nine states in 2023.
    • This means that if the pilot is successful then in the 2024 general elections voter portability can be fully implemented.

    Need for RVMs

    • Ensuring participative elections: The inability to vote due to internal migration is one of the prominent reasons to be addressed to improve voter turnout and ensure participative elections.
    • Migration-based disenfranchisement: There were multifarious reasons for a voter not opting to register in a new place of residence, thus missing out on exercising the right to vote.
    • Increasing voter turnout: The voter turnout in General Elections 2019 was 67.4% and the ECI is concerned about the issue of over 30 crore electors not exercising their franchise and also differential voter turnout in various States/UT.

    Significance of the move

    • Panacea to migration-led deprivation: Out-migration due to the need to work, marriage, and education, is predominant among the rural population in overall domestic migration.
    • Increasing voter turnout: Approximately 85% of the internal migration is within the States.
    • Multiple booth targeting: This modified form of EVM can handle up to 72 multiple constituencies from a single remote polling booth.

    Challenges for RVMs

    Many political parties have already flagged the inherent issues such as-

    • Defining domestic migrants
    • Implementation of Model Code of Conduct
    • Ensuring secrecy of voting
    • Facility of polling agents for identification of voters
    • Process and method of remote voting and
    • Counting of votes

    Technical issues

    • Amendment to legacy laws: Among the laws and rules which would need an amendment to implement remote voting is The Representation of People’s Act of 1950 and 1951, The Conduct of Election Rules, 1961 and The Registration of Electors Rules, 1960.
    • Vagueness over Migration: The definition of migrant voter would also need to be reworked with respect to retaining registration at the original place in the context of the legal construct of “ordinary residence” and “temporary absence”.
    • Territorial constituency concept: The territorial constituency concept of remote voting and defining remoteness itself that is an outside constituency, outside the district or outside state will need to be dealt with.
    • Administrative challenges: These include enumerating remote voters-self declaration, ensuring secrecy of voting at remote locations, provision of polling agents at remote voting booths, and ensuring identification of voters to avoid impersonation.
    • Acceptance issues: Acceptance of EVMs has been a contested issues. This has somehow eased after the introduction of the voters-verifiable paper-audit trial (VVPAT).

    Way forward

    • The initiative, if implemented, can lead to a social transformation for the migrants and connect with their roots as many times they are reluctant to get themselves enrolled at their place of work.
    • Frequently changing residences, not enough social and emotional connect with the issues of an area of migration will no longer remain obstacles.

     

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  • Delimitation exercise in Assam

    The Election Commission is set to begin the delimitation exercise of Assembly and parliamentary constituencies in Assam using census figures of 2001.

    Why discuss this?

    • The last delimitation of constituencies in Assam was done on the basis of census figures of 1971 by the then Delimitation Commission in 1976.

    What is Delimitation?

    • Delimitation is the act of redrawing boundaries of an Assembly or Lok Sabha seat to represent changes in population over time.
    • This exercise is carried out by a Delimitation Commission, whose orders have the force of law and cannot be questioned before any court.

    Why is it needed?

    • The objective is to redraw boundaries (based on the data of the last Census) in a way so that the population of all seats, as far as practicable, be the same throughout the State.
    • Aside from changing the limits of a constituency, the process may result in a change in the number of seats in a state.

    How is delimitation carried out?

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • Under Article 82, the Parliament enacts a Delimitation Act after every Census.
    • Once the Act is in force, the Union government sets up a DC made up of a retired Supreme Court judge, the Chief Election Commissioner and the respective State Election Commissioners.

    Terms of reference for DC

    • The Commission is supposed to determine the number and boundaries of constituencies in a way that the population of all seats, so far as practicable, is the same.
    • The Commission is also tasked with identifying seats reserved for Scheduled Castes and Scheduled Tribes; these are where their population is relatively large.
    • All this is done on the basis of the latest Census and, in case of difference of opinion among members of the Commission, the opinion of the majority prevails.

    Implementation

    • The draft proposals of the DC are published in the Gazette of India, official gazettes of the states concerned and at least two vernacular papers for public feedback.
    • The Commission also holds public sittings.
    • After hearing the public, it considers objections and suggestions, received in writing or orally during public sittings, and carries out changes, if any, in the draft proposal.
    • The final order is published in the Gazette of India and the State Gazette and comes into force on a date specified by the President.

    How often has delimitation been done in the past?

    • The first delimitation exercise in 1950-51 was carried out by the President (with the help of the Election Commission).
    • The Constitution at that time was silent on who should undertake the division of states into Lok Sabha seats.
    • This delimitation was temporary as the Constitution mandated redrawing of boundaries after every Census. Hence, another delimitation was due after the 1951 Census.
    • Pointing out that the first delimitation had left many political parties and individuals unhappy, the EC advised the government that all future exercises should be carried out by an independent commission.
    • This suggestion was accepted and the DC Act was enacted in 1952.
    • DCs have been set up four times — 1952, 1963, 1973 and 2002 under the Acts of 1952, 1962, 1972 and 2002.

    Why postponed till 2026?

    • There was no delimitation after the 1981 and 1991 Censuses.
    • Although the freeze on the number of seats in Lok Sabha and Assemblies should have been lifted after the 2001 Census, another amendment postponed this until 2026.
    • This was justified on the ground that a uniform population growth rate would be achieved throughout the country by 2026.
    • So, the last delimitation exercise — started in July 2002 and completed on May 31, 2008 — was based on the 2001 Census and only readjusted boundaries of existing Lok Sabha and Assembly seats and reworked the number of reserved seats.

     

     

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  • What is Adjournment Sine Die?

    Both houses of the Parliament were adjourned sine die, six days ahead of their schedule.

    Session of Parliament and Related Terminologies

    • During a session, both the Houses meet almost daily barring holidays to transact business be it to discuss a matter of public matters, frame laws, amend laws, place Standing Committee reports and pass financial bills among others.
    • The Houses are in session thrice a year: Budget Session (February to May); Monsoon Session (July to September); and Winter Session (November to December).

    Terminating the session

    • During a session of Parliament, usually, there are two sittings: morning sitting from 11 am to 1 pm and post-lunch sitting from 2 pm to 6 pm.
    • The sitting of the Parliament in both the Houses can be terminated only by adjournment, adjournment sine die, prorogation and dissolution (not applicable for Rajya Sabha).
    • Technically, a session of the Parliament means the period between the first sitting of a House and its prorogation or dissolution.
    • The period between the prorogation of a House and its reassembly in a new session is called a recess.

    (1) Adjournment sine die

    • Adjournment sine die means terminating a sitting of Parliament for an indefinite period, that is, when the House is adjourned without naming a day for reassembly, it is called adjournment sine die.
    • The power of adjournment sine die lies with the presiding officer of the House.
    • However, the presiding officer of a House can call a sitting of the House before the date or time to which it has been adjourned or at any time after the House has been adjourned sine die.

    (2) Adjournment

    • An adjournment results in the suspension of work in a sitting for a specified time, which may be hours, days or weeks.
    • In this case, the time of reassembly is specified as an adjournment only terminates a sitting and not a session of the House.
    • The power of adjournment lies with the presiding officer of the House.

    (3) Prorogation

    • The term prorogation means the termination of a session of the House by an order made by the President under Article 85(2)(a) of the Constitution.
    • The prorogation terminates both the sitting and session of the House and is usually done within a few days after the House is adjourned sine die by the presiding officer.
    • The President issues a notification for the prorogation of the session. However, the president can also prorogue the House while in session.
    • It must be noted that all pending notices except those for introducing bills lapse.

    (4) Dissolution

    • Whenever a dissolution happens, it ends the very life of the existing House and a new House is constituted after the General Elections.
    • However, only the Lok Sabha is subject to dissolution as the Rajya Sabha, being a permanent House, is not subject to dissolution. The dissolution of the Lok Sabha may take place in two ways:
    1. Automatic dissolution: On the expiry of its tenure: five years or the terms as extended during a national emergency.
    2. Order of President: If the President is authorised by the Council of Ministers, he or she can dissolve Lok Sabha, even before the end of the term. The president may also dissolve Lok Sabha if the Council of Ministers loses confidence and no party is able to form the government. Once the Lok Sabha is dissolved before the completion of its normal tenure, the dissolution is irrevocable.

    Impact on legislation process

    • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices and petitions that are pending before it or its committees lapse.
    • Summoning: Summoning is the process of calling all members of the Parliament to meet.

    When does a Bill lapse in Indian Parliament? 

    Depending on the status of the pending legislation, and where it originated, there are certain cases in which the Bill lapses on dissolution of Assembly.

    1. Bills originated in Lok Sabha
    • Any Bill that originated in the Lok Sabha, but could not be passed, lapses.
    • A Bill originated and passed by the Lok Sabha but pending in the Rajya Sabha also lapses
    1. Bills originated in Rajya Sabha
    • The Constitution also gives MPs in Rajya Sabha the power to introduce a Bill.
    • Therefore a Bill that originated in Rajya Sabha and was passed by it, but remains pending in Lok Sabha also lapses.
    • A Bill originated in the Rajya Sabha and returned to that House by the Lok Sabha with amendments and still pending in the Rajya Sabha on the date of the dissolution of Lok Sabha lapses.

    When a Bill does not lapse

    1. Not all Bills, which haven’t yet become law, lapse at the end of the Lok Sabha’s term.
    2. A Bill pending in the Rajya Sabha, but not passed by the Lok Sabha, does not lapse.
    3. A Bill passed by both the Houses but pending assent of the President of India, does not lapse.
    4. A Bill passed by both Houses but returned by the President of India for reconsideration of the Parliament does not lapse.
    5. Some pending Bills and all pending assurances that are to be examined by the Committee on Government Assurances also does not lapse on the dissolution of the Lok Sabha.

     

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  • Rule 267 becomes the bone of contention in Rajya Sabha

    rajya-sabha

    Rule 267 of the Rajya Sabha rulebook, which allows for suspension of day’s business to debate the issue suggested by a Member, has become a bone of contention in the Upper House.

    What is Rule 267 of Rajya Sabha?

    • The Rule gives special power to a Rajya Sabha member to suspend the pre-decided agenda of the House, with the approval of the Chairman.
    • The Rajya Sabha Rule Book says, “Any member, may, with the consent of the Chairman, move that any rule may be suspended in its application to a motion related to the business listed before the Council of that day.
    • If the motion is carried, the rule in question shall be suspended for the time being: provided further that this rule shall not apply where specific provision already exists for suspension of a rule under a particular chapter of the Rules”.

    Why this rule has become important?

    • In the Upper House, the Opposition members have been consistent in demanding a debate on the India-China border situation.
    • There have been hundreds of notices by Members to invoke Rule 267 in the past eight years.
    • After the latest clash between the two sides in Arunachal Pradesh’s Tawang, the Opposition members have become more vocal with their demand.
    • Every day, Opposition leaders are demanding that the Chair suspends all other business and allow a discussion on the latest situation in India-China border by applying Rule 267.

    Is Rule 267 the only way to raise important issues in the House?

    In Parliament, a member has a number of ways to flag issues and seek the government’s reply.

    • Question Hour: An MP can ask questions related to any issue during the Question Hour in which the concerned minister has to provide oral or written answers.
    • Zero Hour: An MP can raise the issue during Zero Hour. Every day, 15 MPs are allowed to raise issues of their choice in the Zero Hour.
    • Special Mention: An MP can even raise it during Special Mention. A Chairman can allow up to 7 Special Mentions daily.
    • Debate over president’s address: An MP can try to bring the issue to the government’s notice during other discussions such as the debate on the President’s speech.
    • Budget speech: Opposition leaders have also used the Budget debate to attack the government politically.

    Why the Opposition is insisting on Rule 267?

    • Any discussion under Rule 267 assumes great significance in Parliament simply because all other business would be put on hold to discuss the issue of national importance.
    • No other form of discussion entails suspension of other business.
    • If an issue is admitted under Rule 267, it signifies it’s the most important national issue of the day.
    • Also, the government will have to respond to the matter by replying during the discussions under Rule 267.

    What is the current controversy over Rule 267?

    • Opposition members have alleged that the Rajya Sabha chairman has consistently refused to allow any discussion under Rule 267 for a long time.
    • While Dhankhar has not allowed any matter under Rule 267, his predecessor M Venkaiah Naidu too didn’t allow any admission under Rule 267 during his entire five years.

    Has the Rule been ever used?

    • The rule has been used several times.
    • The Chair had agreed to suspend the business to discuss urgent national issues in the past.
    • The last time it was used was in November 2016, when the Upper House invoked Rule 267 to discuss demonetization.

     

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  • Election Security Deposit and its symbolic significance

    A political party based in New Delhi lost its election deposit for most of its candidates in the assembly elections in Gujarat and Himachal Pradesh.

    Do you know?

    In the first Lok Sabha elections in 1951-52, almost 40 per cent of the total candidates lost their deposits. Nearly 86 per cent of the candidates contesting Lok Sabha elections in 2019 lost deposits, according to a report released by the Election Commission of India.

    What is an Election Security Deposit?

    • An election security deposit is an amount that is to be deposited with the Returning Officer when a candidate files their nomination.
    • This is to be submitted either in cash, or a receipt must be enclosed with the nomination paper.
    • It mentions that the said sum has been deposited on the candidate’s behalf in the Reserve Bank of India or in a Government Treasury.
    • The main purpose of this practice is to ensure that only genuinely intending candidates end up filing the nomination to be a part of the electoral process.

    Is the amount same for all elections?

    • No, it depends on the particular election being conducted, and the Representation of the People Act of 1951 mentions different amounts depending on the level of election:
    1. In the case of an election from a Parliamentary constituency, meaning a Lok Sabha and Rajya Sabha seat, the amount is Rs 25,000 and Rs 12,500 for a Scheduled Caste (SC) or Scheduled Tribe (ST) candidate.
    2. In the case of an election from an Assembly or Council constituency, meaning at the level of legislative bodies in the states, it is Rs 10,000 and Rs 5,000 for an SC/ST candidate.
    3. Even in the case of Presidential and Vice-Presidential elections, a deposit of Rs 15,000 is to be made.

    Losing the deposits

    • As per the same Act, the deposit has to be forfeited at an election if the number of valid votes polled by the candidate is less than 1/6th of the total number of valid votes polled.
    • Or, in the case of the election of more than one member, it would be 1/6th of the total number of valid votes so polled divided by the number of members to be elected.
    • This refers to elections by proportional representation method, as is the case in Rajya Sabha.
    • If the candidate does meet the threshold, “the deposit shall be returned as soon as practicable after the result of the election is declared.”
    • If a candidate withdraws their nomination or passes away before the polls, the amount is returned.

     

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  • What it takes to become a ‘National Party’ in India?

    A political party (revived from the anti-corruption movement) is on track to be recognized as a 9th national party by the Election Commission of India (ECI).

    What is a 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.
    • 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.

    So how is a political party defined?

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

    For recognition as a NATIONAL PARTY, 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 parties

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

    (a) Reserved Sybol

    • 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 need only one proposer for filing the nomination.

    (c) Campaigning benefits

    • They 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.

     

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  • Who exactly counts your Vote after polling?

    For a country like India where each individual constituency can have lakhs of voters, counting votes is a complex process that requires both pace and precision.

    Where are the Votes counted?

    • Ideally, all votes should be counted in one location in the constituency.
    • However, during General Elections, when seats are larger with multiple Assembly constituencies, many counting centres can be appointed, depending on the number of votes that need to be counted.
    • The location(s) for counting votes is decided by the Returning Officer (RO), with multiple centres in assembly segments being under the supervision of the Assistant Returning Officers (ARO).
    • In counting centres, ideally all votes are counted in one big hall having multiple tables.
    • However, if the RO feels there is a risk of overcrowding, more rooms may be opened up after permission from the Election Commission (EC).

    Role of Returning Officer

    • The RO is appointed for each constituency by the Election Commission.
    • During the duration of the election, the RO is the highest authority in the constituency having a wide range of powers in order to peacefully and impartially conduct elections.
    • With respect to counting of votes, the RO has the following duties:
    1. To designate the counting centres and get them approved by the Commission well in advance;
    2. To send notice to the candidates about the place, date and time of counting of votes;
    3. To appoint and train counting staff;
    4. To count the votes and declare the result.
    • ROs themselves do not count all votes but verify the counting at multiple stages and announce the results.
    • They are the final authority in the matter of vote counting in an election.

    Supervision of the process

    • A counting room will have multiple counting tables with each counting a set number of postal ballots/EVMs on a round-to-round basis.
    • On each table, there is a counting supervisor and up to two assistants who do the actual counting.
    • They should be gazetted officers and are appointed by the RO.
    • They receive specific training pertaining to the tasks they are expected to undertake.
    • For instance, for those counting postal ballots, the training is different from that received for counting EVM votes.

    Observers in the counting process

    • The EC appoints observers at each counting room, who are supposed to record the proceedings and file a report.
    • They are generally employees of the GoI, and are tasked with the duty to oversee overall functioning of the election apparatus.
    • Candidates who were on the ballot are also allowed in the counting room along with their representatives.
    • All parties and candidates send counting agents in order to ensure that votes are counted fairly and according to procedure, and lodge complaints, if any.

     

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  • Exit Polls and their Regulation in India

    poll

    As voting for Gujarat elections ended, exit polls are out on the news channels.

    What are Exit Polls?

    • An exit poll asks voters which political party they are supporting after they have cast their votes in an election.
    • In this, it differs from an opinion poll, which is held before the elections.
    • An exit poll is supposed to give an indication of which way the winds are blowing in an election, along with the issues, personalities, and loyalties that have influenced voters.
    • Today, exit polls in India are conducted by a number of organisations, often in tie-ups with media organisations.
    • The surveys can be conducted face to face or online.

    Issues with exit polls

    • Accuracy: Some common parameters for a good, or accurate, opinion poll would be a sample size that is both large and diverse, and a clearly constructed questionnaire without an overt bias.
    • Politicization: Political parties often allege that these polls are motivated, or financed by a rival party.
    • Manipulation for popularity: Critics also say that the results gathered in exit polls can be influenced by the choice, wording and timing of the questions, and by the nature of the sample drawn.

    History of exit polls in India

    • In 1957, during the second Lok Sabha elections, the Indian Institute of Public Opinion had conducted such a poll.

    Rules governing exit polls in India

    • In India, results of exit polls for a particular election are not allowed to be published till the last vote has been cast.
    • The issue of when exit polls should be allowed to be published has gone to the Supreme Court thrice in various forms.
    • Currently, exit polls can’t be telecast from before voting begins till the last phase concludes.

    Need of such polls

    • Popular opinion: Polls are simply a measurement tool that tells us how a population thinks and feels about any given topic.
    • Specific viewpoint: Polls tell us what proportion of a population has a specific viewpoint.
    • Opportunity to express: Opinion polling gives people who do not usually have access to the media an opportunity to be heard.

    Issues with such polls (in context of elections)

    • Authenticity: Critics have often questioned their authenticity.
    • Manipulation of voters: This largely manipulates voting behavior.
    • Sensationalization by media: The media, on the other hand, invariably opposes the idea of a ban as seat forecasts attract primetime viewership.
    • Ridiculing the public mandate: The exit polls largely disrespect public opinions inciting confusion regarding the election mandate.

    Why does it persist in India?

    Ans. Exercise of Free Speech

    • The opposition to the ban in India is mainly on the ground that freedom of speech and expression is granted by the Constitution (Article 19).
    • What is conveniently forgotten is that this freedom is not absolute and allows for “reasonable restrictions” in the same article.

    Limited restrictions that we have in India

    • RP Act: The Indian Penal Code and Representation of the People Act, 1951 do contain certain restrictions against disinformation.
    • Restrictions on A19: While the Constitution allows for reasonable restrictions on freedom of expression, its mandate to the ECI for free and fair elections is absolute.
    • Supreme Court interpretations: The Supreme Court (SC), in a series of judgments, has emphasized this requirement.
    • Basic structure doctrine: It considers free and fair elections is the basic structure of the Constitution (PUCL vs Union of India, 2003; NOTA judgment, 2013).

    How does it impact the election process?

    • Prevalence of paid news in India: Having seen “paid news” in action, it apprehends that some opinion polls may be sponsored, motivated and biased.
    • Opacity: Almost all polls are non-transparent, providing little information on the methodology.
    • Propaganda: Subtle propaganda on casteist, religious and ethnic basis as well as by the use of sophisticated means like the alleged poll surveys create public distrust in poll process.
    • Disinformation: With such infirmities, many “polls” amount to misinformation that can result in “undue influence”, which is an “electoral offense” under IPC Section 171 (C). It is a “corrupt practice” under section 123 (2) of the RP Act.
    • Betting: The polling agencies manipulate the margin of error, victory margin for candidates, seat projections for a party or hide negative findings.

    Way forward

    • Independent regulator: Ideally a body like the British Polling Council would be a viable option. India could set up its own professional, self-regulated body on the same lines say Indian Polling Council.
    • Mandatory disclosure: All polling agencies must disclose for scrutiny the sponsor, besides sample size, methodology, time frame, quality of training of research staff, etc.

     

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  • Assam-Meghalaya Boundary Dispute

    The recent firing incident on the Assam-Meghalaya border has put the focus on the five-decade-old boundary issue between the two northeastern states.

    What is the Assam-Meghalaya Boundary Dispute?

    • Meghalaya, carved out of Assam as an autonomous State in 1970, became a full-fledged State in 1972.
    • The creation of the new State was based on the Assam Reorganisation (Meghalaya) Act of 1969, which the Meghalaya government refused to accept.
    • This was because the Act followed the recommendations of a 1951 committee to define the boundary of Meghalaya.
    • On that panel’s recommendations, areas of the present-day East Jaintia Hills, Ri-Bhoi and West Khasi Hills districts of Meghalaya were transferred to the Karbi Anglong, Kamrup (metro) and Kamrup districts of Assam.
    • Meghalaya contested these transfers after statehood, claiming that they belonged to its tribal chieftains.
    • Assam said the Meghalaya government could neither provide documents nor archival materials to prove its claim over these areas.
    • After claims and counter-claims, the dispute was narrowed down to 12 sectors on the basis of an official claim by Meghalaya in 2011.

    Other boundary disputes in North-East

    The states of the Northeast were largely carved out of Assam, which has border disputes with several states.

    During British rule, Assam included present-day Nagaland, Arunachal Pradesh and Meghalaya besides Mizoram, which became separate state one by one. Today, Assam has boundary problems with each of them.

    • Nagaland shares a 500-km boundary with Assam.
    • In two major incidents of violence in 1979 and 1985, at least 100 persons were killed. The boundary dispute is now in the Supreme Court
    • On the Assam-Arunachal Pradesh boundary (over 800 km), clashes were first reported in 1992, according to the same research paper.
    • Since then, there have been several accusations of illegal encroachment from both sides, and intermittent clashes. This boundary issue is being heard by the Supreme Court.
    • The 884-km Assam-Meghalaya boundary, too, witnesses flare-ups frequently. As per Meghalaya government statements, today there are 12 areas of dispute between the two states.

     How did the two governments go about handling the issue?

    • The two States had initially tried resolving the border dispute through negotiations but the first serious attempt was in May 1983 when they formed a joint official committee to address the issue.
    • In its report submitted in November 1983, the committee suggested that the Survey of India should re-delineate the boundary with the cooperation of both the States towards settling the dispute.
    • There was no follow-up action. As more areas began to be disputed, the two States agreed to the constitution of an independent panel in 1985.
    • Headed by Justice Y.V. Chandrachud, the committee submitted its report in 1987.
    • Meghalaya rejected the report as it was allegedly pro-Assam.
    • In 2019, the Meghalaya government petitioned the Supreme Court to direct the Centre to settle the dispute. The petition was dismissed.

    How was the ice broken?

    • In January 2021, Home Minister urged all the north-eastern States to resolve their boundary disputes by August 15, 2022, when the country celebrates 75 years of Independence.
    • It was felt that the effort could be fast-tracked since the region’s sister-States either had a common ruling party.
    • In June 2021, the two States decided to resume talks at the CM level and adopt a “give-and-take” policy to settle the disputes once and for all.
    • Of the 12 disputed sectors, six “less complicated” areas — Tarabari, Gizang, Hahim, Boklapara, Khanapara-Pilingkata and Ratacherra — were chosen for resolving in the first phase.
    • Both States formed three regional committees, one each for a district affected by the disputed sectors.

    What were the principles followed?

    • These committees, each headed by a cabinet minister, were given “five principles” for approaching the issue.
    • These principles are historical facts of a disputed sector, ethnicity, and administrative convenience, willingness of people and contiguity of land preferably with natural boundaries such as rivers, streams and rocks.
    • The committee members conducted surveys of the disputed sectors and held several meetings with the local stakeholders.
    • This paved the way for the March 29 closure of the six disputed sectors.

    Issues with this settlement

    • Officials in Assam said it was better to let go of areas where they did not have any administrative control rather than “live with an irritant forever”.
    • However, residents in the other six disputed sectors feel the “give-and-take” template could spell disaster for them.
    • The fear is more among non-tribal people who could end up living in a “tribal Meghalaya with no rights”.

     

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  • Consulting the CM Over the Appointment of The Governor

    Appointment

    Context

    • With the rise in instances of tension, and even standoffs, between State governments and Governors, there is once again a debate on the role of the Raj Bhavan and conduct of Governors, the relation of Governors with the Centre and State government, and whether Chief Ministers should have a say in the appointment of Governors in their respective States.

    Role and responsibilities of governor

    1. Executive Powers:
    • Nominal Head of the government: These powers are exercised by the council of ministers in the name of Governor. Hence Governor is only nominal head and council of ministers is the real executive.
    • Head of the state: He is the constitutional head of the state who appoints the leader of majority party as chief minister. He can seek any information from the chief minister. He appoints the advocate general, chairman and members of the respective state public commission.
    • Can recommend the emergency: He can recommend the imposition of constitutional emergency in a state to the President. During the period of President’s rule in a state, the governor enjoys extensive executive powers as an agent of the President.
    1. Legislative Powers:
    • He is part of state legislative.
    • No bill can become a law until the governor signs it.
    • He can withhold a bill and send it to the President for consideration.
    • He can dissolve the State Assembly before the expiry of its term on the advice of the Chief Minister or as directed by the President.
    • He causes the annual Budget to be presented in the Vidhan Sabha.
    1. Judicial Powers:
    • The governor appoints the district judges.
    • He is consulted in the appointment of the judges of the High Court by the President
    • He can, pardon, remit and commute the sentence of a person convicted by a state court.
    1. Financial Powers:
    • He causes the annual budget to be laid before the Vidhan Sabha;
    • No money bill can be introduced without his prior approval.
    1. Discretionary Powers:
    • Selection of CM: If no party gets an absolute majority, the Governor can use his discretion in the selection of the Chief Minister;
    • Real executive of state: During an emergency he can override the advice of the council of ministers. At such times, he acts as an agent of the President and becomes the real ruler of the state;
    • Report to president: He uses his direction in submitting a report to the President regarding the affairs of the state; and
    • Withhold the assent: He can withhold his assent to a bill and send it to the President for his approval.

    Appointment

    Sarkaria commission’s recommendation on the role of governor

    • Chief minister should be involved in appointment: The powers of the President in the matter of selection and appointment of Governors should not be diluted. However, the Governor of a State should be appointed by the President only after consultation with the Chief Minister of that State. Normally the five-year term should be adhered to and removal or transfer should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.
    • Governor should convey assent or dissent in time: There should be a time-limit say a period of six months within which the Governor should take a decision whether to grant assent or to reserve a Bill for consideration of the President. If the Bill is reserved for consideration of the President, there should be a time-limit, say of three months, within which the President should take a decision whether to accord his assent or to direct the Governor to return it to the State Legislature or to seek the opinion of the Supreme Court regarding the constitutionality of the Act under article 143.

    Additional suggestions by  NCRWC

    • Committee to appoint the governor: National commission to review the Working of the constitution (NCRWC) recommendations were similar to that of Sarkaria commission. NCRWC has suggested that a committee consisting of the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the state in question shall nominate the Governor.

    Know the basics: Present constitutional arrangement

    • The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure.
    • Only Indian citizens above 35 years of age are eligible for appointment to this office.

    Appointment

    What is the expert’s opinion?

    • Vice-president should be involved: Total composition of the committee is of the ruling party at the Centre. It should be the Vice-President, the Speaker of the Lok Sabha, the Leader of the Opposition, and maybe the Chief Minister of the State.
    • Governor should be above the chief minister: Getting the Chief Minister involved in the process of selection is not right. The Governor cannot be made to feel that the Chief Minister was one of those responsible for his selection; the Governor has to be above the Chief Minister, be independent, be able to function in a nonpartisan manner, and not be beholden to the ruling party or to the Chief Minister.
    • Minimum qualification to be the governor: we have no criteria, no minimum qualifications laid out for a Governor. These are often retirement perks or rewards for unstinting loyalty to a particular party. Governors cannot be called before a court of law. These are things which have to be kept in mind.
    • A guide to chief minister: The Governor is supposed to be a friend, philosopher and guide, helping from the back, sorting out issues and resolving disputes, even between political parties. The Governor has to at times advise the Centre on what is happening and what needs to be done. That brings the Centre and the State together.

    Conclusion

    • Governors’ role is always in contestation when Centre and state have different government. Governor is a political appointee for political purpose. However, governor should respect the constitutional post he holds and perform his duties and responsibilities without any biases and affiliations.

    Mains Question

    Q. What actions of governors undermines his constitutional position? What are the recommendations of Sarkaria commissions regarding the governor’s office?

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