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Subject: Federal System

  • Naga peace process

    The article analyses the issue of Naga peace process and the problem of identifying the stakeholders in the process.

    Naga Polity and aspirations

    • The  Nagas family comprises over 25 tribes.
    • Each of these is a proud owner and inheritor of a distinct culture, language, tradition and geography, supporting a distinct world view.
    • However, many Nagas aspire to Naga unity, and they view those tribal loyalties as residues of a premodern past and an obstacle to Naga solidarity.
    • Naga nationalism is connected with the idea Naga homeland  that includes contiguous areas in a number of Northeastern states, and even parts of Myanmar.

    “Unique history” formulation

    • The source of the phrase can be traced back to a joint communiqué that NSCN-IM General Secretary Thuingaleng Muivah and former Home Secretary K Padmanabhaiah signed in Amsterdam on July 11, 2002.
    • Meaning of the phrase “unique history” is not self-explanatory.
    • Despite the lack of clarity, it is adopted by officials and political leaders intended to accept two things-
    • (a) the characterisations long favoured by security bureaucrats of the Naga political struggle as a separatist insurgency or a terrorist movement that makes false claims to Naga unity, are inaccurate and
    • (b) rejecting those labels [ such as separatist insurgency or terrorist movement] is a necessary condition for negotiations based on mutual respect.
    • Those are significant achievements that should not be allowed to wither away.

    Negotiating with NSCN-IM and issues with it

    • NSCN-IM had declared the Shillong Accord of 1975 a sellout, and a betrayal of the Naga cause.
    • But it emerged as a serious political force precisely because it stood for Naga unity.
    • However, it is argued that NSCN-IM’s appeal is limited to the Tangkhul tribes of Manipur only.

    Consider the question “The issues of identifying the stakeholders in the Naga peace process is at the root of the solution to the peace problem. Also, examine the other factors which make the resolution elusive. Suggest the measures to resolve the issue.”

    Conclusion

    That a more nuanced negotiating strategy is now emerging is a positive development. But the fundamental question about who all the stakeholders in the Naga conflict are, still needs a satisfactory answer, one that is based on an in-depth mapping of the conflict. Only then can we expect peaceful dialogue and patient negotiations to end the conflict and bring about a durable peace.

  • Sutlej-Yamuna Link (SYL) Canal Project

    Opposing the Sutlej-Yamuna Link (SYL) canal project and staking claim to Yamuna’s waters, Punjab CM warned about the repercussions. Here is a look at the decades-old issue and why it has come up again now.

    Try this PYQ:

    Q. Which one of the following pairs is not correctly matched? (CSP 2017)

    Dam/Lake River

    (a) Govind Sagar: Satluj

    (b) Kolleru Lake: Krishna

    (c) Ukai Reservoir: Tapi

    (d) Wular Lake: Jhelum

    What is the SYL canal issue?

    • At the time of reorganization of Punjab in 1966, the issue of sharing of river waters between both the states emerged.
    • Punjab refused to share waters of Ravi and Beas with Haryana stating it was against the riparian principle.
    • Before the reorganization, in 1955, out of 15.85 MAF of Ravi and Beas, the Centre had allocated 8 MAF to Rajasthan, 7.20 MAF to undivided Punjab, 0.65MAF to Jammu and Kashmir.
    • Out of 7.20 MAF allocated, Punjab did not want to share any water with Haryana.
    • In March 1976, when the Punjab Reorganization Act was implemented, the Centre notified fresh allocations, providing 3.5 MAF To Haryana.

    Inception of the canal project

    • Later, in 1981, the water flowing down Beas and Ravi was revised and pegged at 17.17 MAF, out of which 4.22 MAF was allocated to Punjab, 3.5 MAF to Haryana, and 8.6 MAF to Rajasthan.
    • Finally, to provide this allocated share of water to southern parts of Haryana, a canal linking the Sutlej with the Yamuna, cutting across the state, was planned.
    • Finally, the construction of 214-km SYL was started in April 1982, 122 km of which was to run through Punjab and the rest through Haryana.
    • Haryana has completed its side of the canal, but work in Punjab has been hanging fire for over three decades.

    Why has the SYL canal come up again now?

    • The issue is back on centre stage after the Supreme Court directed the CMs of Punjab and Haryana to negotiate and settle the SYL canal issue.
    • The apex court asked for a meeting at the highest political level to be mediated by the Centre so that the states reach a consensus over the completion of the SYL canal.
    • The meeting remained inconclusive with the Centre expressing the view that the construction of the SYL canal should be completed. But Punjab CM refused categorically.

    Punjab’s resentment with the project

    • The dispute is based on the bloody history around the SYL canal. The trouble-torn days of terrorism in Punjab started in the early 1980s when work on the SYL started.
    • Punjab feels it utilized its precious groundwater resources to grow the crop for the entire country and should not be forced to share its waters as it faces desertification.
    • It is feared that once the construction of the canal restarts, the youth may start feeling that the state has been discriminated against.
    • The Punjab CM fears Pakistan and secessionist organisations could exploit this and foment trouble in the state.

    Water crisis in Punjab

    • Punjab is facing severe water crisis due to over-exploitation of its underground aquifers for the wheat/paddy monocycle.
    • According to the Central Underground Water Authority’s report, its underground water is over-exploited to meet the agriculture requirements in about 79 per cent area of the state.
    • Out of 138 blocks, 109 are “over-exploited”, two are “critical” five are “semi-critical” and only 22 blocks are in “safe” category.

    Punjab expects a new tribunal

    • The state wants a tribunal seeking a fresh time-bound assessment of the water availability.
    • The state has been saying that till date there has been no adjudication or scientific assessment of Punjab river waters.

  • Jurisdictional conflict in the running of Delhi Government

    The article analyses the tussle between the Delhi Government and the Lt. Governor.

    What the 2018 SC judgement was about

    • The Supreme Court in Government of NCT of Delhi vs. Union of India (2018) decided on the conflicts between the government of NCT and the Union Government and its representative, the Lieutenant Governor.
    • It reminds the Lt. Governor what his real functions are.
    •  It tells the State government that it should remember that Delhi is a special category Union Territory.
    • It lays down the parameters to enabling the harmonious functioning of the government and the Lt. Governor.
    • It did not very clearly delineate the issues in respect of which the Lt. Governor can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the Lt. Governor and the State government.

    Settled issues and clarifications

    • The Supreme Court affirming that the Lt. Governor is bound to act on the aid and advice of council of ministers except in respect of ‘Land’, ‘Public Order’ and the ‘Police’.
    • The Court has also made it clear that there is no requirement of the concurrence of the Lt. Governor and that he has no power to overrule the decisions of the State government.
    • However, Article 239AA (4) (proviso) which says that in the case of a difference of opinion between the Lt. Governor and his Ministers on any matter, the Lt. Governor shall refer it to the President for decision and act according to that decision.
    • If the Lt. Governor thinks that the matter is urgent he can take immediate action on his own.

    How Article 239 AA(4) matters

    •  Lt. Governor can frustrate the efforts of the government, by declaring that there is a difference of opinion on any issue and refer it to the President.
    • Refering matter to the President in reality means the Union Home Ministry.
    • The Lt. Governor being its representative, it is easier for him to secure a decision in his favour.
    • The State government will be totally helpless in such a situation.
    • The recent appointment of prosecutors for conducting the Delhi riot cases in the High Court is a case in point.
    •  When the government decided to appoint them, the Lt. Governor referred it under proviso to Article 239AA (4) to the President stating that there is a difference of opinion.
    • This episode clearly points to the fault lines which still exist in the power equations in the capital’s administrative structure.

    But, can Lt. Governor refer routine administrative matter to the President?

    • A close reading of the Supreme Court judgment in the NCT Delhi case (supra) would reveal that he cannot.
    • The Supreme Court says “The words ‘any matter’ employed in the proviso to Article 239AA (4) cannot be inferred to mean ‘every matter’.
    • Court also says that “The power of the Lieutenant Governor under the said proviso represents the exception and not the general rule”.
    • The President is the highest Constitutional authority and his decision should be sought only on constitutionally important issues.

    Executive powers and legislative powers

    • Parliament can legislate for Delhi on any matter in the State List and the Concurrent List.
    • But the executive power in relation to Delhi except the ‘Police’, ‘Land’ and ‘Public Orders’ vests only in the State government headed by the Chief Minister.
    • The executive power of the Union does not extend to any of the matters which come within the jurisdiction of the Delhi Assembly.
    • The only occasion when the Union Government can overrule the decision of the State government is when the Lt. Governor refers a matter to the President under the proviso to clause (4).

    Consider the question “What are the parameters laid down by the Supreme Court in the Government of NCT of Delhi vs. Union of India (2018) to avoid the conflict between Lt. Governor and the Delhi Government? Also examine the scope of referring any matter to the consideration of the President by the Lt. Governor.”

    Conclusion

    In the Constitutional scheme adopted for the NCT of Delhi Lt. Governor should not emerge as an adversary having a hostile attitude towards the Council of Ministers of Delhi; rather, he should act as a facilitator.

  • Clause 6 of the Assam Accord

    In February, a government-appointed committee had submitted its recommendations for implementation of Clause 6 of the Assam Accord, a key provision that has been contentious for decades.

    Must read:

    https://www.civilsdaily.com/burning-issue-assam-nrc/

    What is Clause 6?

    • It is a part of the Assam Accord which came at the culmination of a movement against immigration from Bangladesh.
    • It reads: “Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.”
    • For recognition as citizens, the Accord sets March 24, 1971, as the cutoff.
    • As immigrants up to the cutoff date would get all rights as Indian citizens, so Clause 6 was inserted to safeguard the socio-political rights and culture of the “indigenous people of Assam”.

    What has happened since?

    • Several committees have been set up over the years to make recommendations on the implementation of Clause 6.
    • None of them made headway on the provision’s contentious issues, however, until the latest CAA move.
    • Following widespread protests against the CAA, the government gave an urgent push to Clause 6 to pacify the Assamese community.

    Recommendations of the recent report

    • Headed by retired High Court judge Biplab Kumar Sarma the committee was asked to fast-track its report.
    • It submitted its report in Feb but the government did not make its contents public.
    • But some Assamese activists independently made the contents public.
    • Its brief was to define the “Assamese people” and suggest measures for the safeguard of their rights. The definition of “Assamese people” has been a subject of discussion for decades.

    Key propositions

    The committee has proposed that the following be considered Assamese people for the purpose of Clause 6. All citizens of India who are part of:

    • Assamese community, residing in the Territory of Assam on or before January 1, 1951; or
    • Any indigenous tribal community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • Any other indigenous community of Assam residing in the territory of Assam on or before January 1, 1951; or
    • All other citizens of India residing in the territory of Assam on or before January 1, 1951; and
    • Descendants of the above categories

    Why 1951?

    • During the Assam agitation, the demand was for detection and deportation of migrants who had illegally entered Assam after 1951.
    • The Assam Accord, however, set the cutoff on March 24, 1971. The National Register of Citizens (NRC) was updated based on this cutoff.
    • Clause 6 is meant to give the Assamese people certain safeguards, which would not be available to migrants between 1951 and 1971.
    • If the recommendation is accepted, those who migrated between 1951 and 1971 would be Indian citizens, but they won’t be eligible for safeguards meant for Assamese people”.

    What are these safeguards?

    Among various recommendations, the key is the reservation of seats in Parliament, Assembly and local bodies; reservation in jobs; and land rights. The panel recommends the Assamese people be given:

    • 80 to 100% reservation in the parliamentary seats of Assam, Assembly seats and local body seats be reserved for the “Assamese people”.
    • 80 to 100% of Group C and D level posts (in Assam) in central government/semi-central government/central PSUs/private sector
    • 80 to 100% of jobs under Government of Assam and state government undertakings; and 70 to 100% of vacancies arising in private partnerships
    • Land rights, with restrictions imposed on transferring land by any means to persons other than “Assamese people”.

    Several other recommendations deal with language and cultural and social rights. On language, it recommends:

    • Assamese language shall continue to be official language throughout the state with provisions for use of local languages in Barak Valley, Hill Districts and the Bodoland Territorial Area Districts.
    • Mandatory provision of an Assamese language paper for recruitment in state government services with alternatives for Barak Valley districts, BTAD and Hills Districts.
    • To set up Academies for all-round development of each of the indigenous tribal languages including, Bodo, Mishing, Karbi, Dimasa, Koch-Rajbongshi, Rabha, Deuri, Tiwa, Tai and other indigenous languages.

  • Appointment of new Lt. Governor of the UT of J&K

    A veteran politician has been appointed as Lieutenant Governor of the Union Territory of Jammu and Kashmir.

    Try this PYQ:

    Q.Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (CSP 2019)

    (a) First Administrative Reforms Commission (1966)

    (b) Rajamannar Committee (1969)

    (c) Sarkaria Commission (1983)

    (d) National Commission to Review the Working of the Constitution (2000)

    Office of the Lt. Governor

    • A Lt. Governor is the constitutional head of the union territories in India.
    • She/he is appointed by the President of India for a term of five years and holds office at the President’s pleasure.
    • Since the union territories of Delhi, J&K and Puducherry have a measure of self-government with an elected legislature and council of ministers, the role of the lieutenant governor there is mostly a ceremonial one, akin to that of a state’s governor.
    • In Andaman and Nicobar Islands and Ladakh however, the lieutenant governor holds more power, being both the head of state and head of government.
    • The other three UTs—Chandigarh; Dadra and Nagar Haveli and Daman and Diu; and Lakshadweep—are governed by an administrator.

    Some related facts

    • Unlike the lieutenant governors of other territories, they are usually drawn from the IAS or IPS.
    • Lieutenant governors do not hold the same rank as a governor of a state in the list of precedence.
    • Since 1985 the Governor of Punjab has also been the ex-officio Administrator of Chandigarh.

  • Mythmaking and Article 370

    The articles talk about various myths that have been building around the issues of Jammu and Kashmir. Not only does these myths affect the political outlook towards the state but is also responsible for people’s perspective on this whole story. Go on and read to understand further..

    The myths

    Kashmir has been a favourite site of our national mythmaking; myths that have over the years assumed larger-than-life manifestations in our collective psyche.

    #Myth1

    • Article 370 is considered as the root cause of terrorism in Jammu and Kashmir.
    • But there is a little material basis to it — neither Article 370 can be considered as responsible for terrorism in the Valley nor has its removal ensured a reduction in terrorism.

    #Myth2

    • Article 370 is also held responsible for ruining J&K, stalling its development, preventing proper health care and blocking industries. Once again, these arguments also lack merit and evidence.
    • J&K, as a matter of fact, has been doing much better than most other Indian States and one of the reasons for this was the land reforms carried out in the State in the early 1950s which was possible precisely because of the presence of Article 370.
    • Also, private investors do not set up shop in Kashmir due to militancy which is a product of an existing conflict; not because of Articles 370 or 35A.

    #Myth3

    • If J&K is doing better than the other Indian States, it is because of the massive amounts of funds provided by New Delhi.
    • The real argument here is not whether Kashmir received funding from New Delhi but massive funding as it is often made out to be.
    • Funds from the center can be divided as:
    • Funds to take care of J&K government’s revenue deficit: J&K, for historical reasons, has had a bloated bureaucracy in comparison to other States and their salaries and pensions have been financed by the central government. But these funds do little for the State’s economy or the general population.
    • Then there are routine transfers of funds from the Centre to J&K just as transfers take place from New Delhi to other States.
    • Finally, J&K also received funds due to its special category State status which again is a case with several other Indian States.
    • Put differently, J&K’s better performance in comparison to most other Indian States is at least partly because of Article 370, and its well-being is not necessarily a result of New Delhi’s economic packages.

    #Myth4

    • Development can defeat militancy and insurgency.
    • The reality is that development may not lead to the pacification of the conflict in Kashmir.
    • The Kashmir conflict is a function of complex historical grievances, politico-ethnic demands, increasing religious radicalisation, and Pakistan’s unrelenting interference in the Kashmir Valley.
    • It would be simplistic to imagine that such a multi-layered and complex conflict can be resolved by development alone.
    The deep impact of mythmaking
    • Changed the way how common people understand and treat Kashmir and Kashmiris.
    • Ideas like “Kashmir needs to be reunited with the rest of India” have become a powerful claim made by such representations and political articulations.
    • Yet another popular perception about ‘Kashmiris as troublemakers and sympathisers of terror’ has led to a noticeable increase in the mistreatment of Kashmiri Muslims in the rest of the country.
    Conclusion

    The way forward here is not in celebrating the scrapping of Article 370. It lies in critically examining various outcomes of this process. It is essential that New Delhi work the local people and leaders to reduce the trust and legitimacy deficit that we see today.

  • Merger of political parties under Tenth schedule

    A political party is trying to win back its defected MLAs in Rajasthan. This has raised a new question- “Does the anti-defection law apply here?”

    Try this question for mains:

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

    What does “merger” mean a/c to Tenth Schedule?

    • The Tenth Schedule of the Constitution prohibits defection to protect the stability of governments but does not prohibit mergers.
    • Paragraph 4(2) of the Tenth Schedule, dealing with mergers, says that only when two-thirds of the members agree to “merge” the party would they be exempt from disqualification.
    • The “merger” referred to in Paragraph 4(2) is seen as a legal fiction, where members are deemed to have merged for the purposes of being exempt from disqualification, rather than a merger in the true sense.

    The ‘merger’ Politics

    • The political party is arguing that a state unit of a national party cannot be merged without the party being merged at the national level.
    • However, the Tenth Schedule identifies this dichotomy between state units and national units.
    • As per Paragraph 4(2), “merger” of a party means merger of a legislative party of that House.
    • In this case, it would be the Rajasthan Legislative unit of the BSP and not the BSP at the national level.
    • Paragraph 1 of the Tenth Schedule which defines terms specified in the context of the anti-defection law states this clearly.
    • “Legislature Party” for the purposes of Paragraph 4 (which deals with mergers) means the group consisting of all the members of that House for the time being belonging to that political party in accordance with the said provisions.

    Role of Whip

    • Every legislative party identifies the party’s whip at the beginning of the Assembly’s term and conveys this to the Speaker.
    • A national leader’s direction cannot be considered a whip in the context of the anti-defection law.

    On what grounds is the case-based?

    • The contention is that the merger is illegal and unconstitutional because, for a national party, such merger has to take place at the national level.
    • Supporting this argument, there are two decisions of the Supreme Court: the 2006 Jagjit Singh v State of Haryana, and the 2007 ruling in Rajendra Singh Rana and Ors vs Swami Prasad Maurya.
    • In these cases, the SC ruled that the split cannot be recognised primarily because not all these MLAs split at once.
    • The key aspect is that these cases deal with splits where when one-third of the members of a legislative party split; they could not attract disqualification as per Paragraph 3 of the Tenth Schedule.

    Row over one-third

    • In 2003, through the 91st Constitutional Amendment, Paragraph 3 was deleted from the Tenth Schedule.
    • The amendment was made as the one-third split rule was grossly misused by parties to engineer divisions and indulge in horse-trading.
    • One-third was regarded as an easy target to achieve and the law now exempts defection only when it is at two-thirds (in a merger).

    Are there any such precedents?

    • In July 2019, 10 of the 15 one party’s MLAs in Goa joined the other taking the ruling party’s tally to 27 in the 40 member House.
    • Since they formed two-thirds of the strength of the legislative party unit, they are exempt from disqualification.
    • However, the Speaker’s decision not to disqualify them is under challenge before the Supreme Court.
    • Similarly in Telangana in 2016, two years after the 12 out of 15 of MLAs joined the ruling party.
    • The Speaker recognised the defection as a merger since more than two-thirds had moved.

  • When can a Governor use his discretion, how has the SC ruled?

    Rajasthan Governor returning the fresh proposal by the state Cabinet – seeking to convene a session of the Assembly has raised fresh legal questions on the powers of the Governor.

    Try this question for mains:

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

    Who has the powers to summon the House?

    • It is the Governor acting on the aid and advice of the cabinet.
    • Article 174 of the Constitution gives the Governor the power to summon from time to time “the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…”
    • However, the phrase “as he thinks fit” is read as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the cabinet.
    • Article 163(1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.

    What has the Supreme Court said in the past about the Governor’s power to summon the House?

    • It is settled law that the Governor cannot refuse the request of the Cabinet to call for a sitting of the House for legislative purposes or for the chief minister to prove his majority.
    • In fact, on numerous occasions, including in the 2016 Uttarakhand case, the court has clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.
    • In 2016, the Supreme Court in Nabam Rebia and Bamang Felix vs Deputy Speaker expressly said that the power to summon the House is not solely vested in the Governor.

    What did the SC say in the Arunachal case?

    • Referring to discussions in the Constituent Assembly, the court noted that the framers of the Constitution expressly and consciously left out vesting powers to summon or dissolve the House solely with the Governor.
    • It said that the powers of the Governor were substantially altered to indicate that the framers did not want to give Governors the discretion.
    • The Governor can summon, prorogue and dissolve the House, only on the aid and advice of the Council of Ministers (CoM) with the Chief Minister as the head and not at his own, said the Court.

    When can a Governor use his discretion?

    • Article 163(1) of the Constitution says that “there shall be a CoM with the CM at the head to aid and advice the Governor in the exercise of his functions, except some conditions for discretion.
    • However, in the 2016 case, the apex court has defined the circumstances if the aid and advice of CoM are binding on the Governor.
    • When the chief minister has lost the support of the House and his strength is debatable, then the Governor need not wait for the advice of the CoM to hold a floor test.

    Novel situations are created these days

    • Generally, when doubts are cast on the chief minister that he has lost the majority, the opposition and the Governor would rally for a floor test.
    • The ruling party may attempt to stall the process to buy time and keep its flock together.
    • In a puzzling situation, in Rajasthan’s case, despite requests from CM, the Governor has returned requests to call for a session.
    • However, in the current case, the rebel MLAs have not defected from their party but have repeatedly stated before the Rajasthan HC that they are merely expressing their dissent within the party.

    Back2Basics: Governor’s Discretionary Powers

    The governor can use his/her discretionary powers:

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

  • Governor’s Discretionary Powers in Assembly Deadlock

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

    Try this question for mains:

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

    Resolving the deadlock

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

    The Nabam Rebia Case

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

    Governor’s discretion: Limited to specified areas

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

    Back2Basics: Governor’s Discretionary Powers

    The governor can use his/her discretionary powers:

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

  • Issues over Delimitation in the Northeast

    The Election Commission has red-flagged the Union government’s order setting up a Delimitation Commission for Arunachal Pradesh, Manipur, Assam and Nagaland, calling it “unconstitutional” and “illegal”. When delimitation last took place in the rest of the country in 2002-08, these states had been left out.

    Try this question from CSP 2017:

    Q.Consider the following statements:

    1. The Election Commission of India is a five-member body.
    2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
    3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.

    Which of the statements given above is/are correct?

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 and 3 only

    (d) 3 only

    What is delimitation and why is it needed?

    • Delimitation is the act of redrawing boundaries of Lok Sabha and Assembly seats to represent changes in population.
    • In this process, the number of seats allocated to a state may also change.
    • The objective is to provide equal representation for equal population segments and a fair division of geographical areas so that no political party has an advantage.
    • The Delimitation Commission’s orders cannot be questioned before any court.

    Legal status

    • Delimitation is carried out by an independent Delimitation Commission (DC).
    • The Constitution mandates that its orders are final and cannot be questioned before any court as it would hold up an election indefinitely.

    How is delimitation carried out?

    • 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.
    • 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.

    Northeast’s concerns

    • In the last delimitation exercise, completed in 2008, Arunachal, Manipur, Assam, Nagaland were kept out due to apprehensions overuse of the 2001 Census.
    • The Centre’s move to club the four with J&K comes in the backdrop of unrest in the region over CAA.

    Why were these four states left out in 2002-08?

    • In Arunachal Pradesh, Assam, Manipur and Nagaland, various organisations had moved the Gauhati High Court against the 2002-08 exercise, challenging the use of the 2001 Census for reference.
    • From Assam, an all-party delegation met then Home Minister pleading that delimitation is called off because the National Register of Citizens (NRC) was yet to be updated.
    • The Delimitation Act was amended in 2008, and on February 8, 2008, Presidential orders were issued to defer delimitation in these four states.

    So, when did the government decide to resume delimitation?

    • In February this year, President Kovind cleared the decks for the resumption of the delimitation exercise in the four states by cancelling the earlier order.
    • It noted that there had been a reduction in insurgency incidents, making the situation conducive for carrying out delimitation.

    Will delimitation change the number of seats in these states?

    • Not in the four Northeast states. There is a freeze until 2026 on the number of Lok Sabha and Assembly seats in any state.
    • Delimitation will only redraw the boundaries of seats in each state and can rework the number of reserved seats for SCs and STs.
    • However, because of exceptional past circumstances, Jammu & Kashmir’s Assembly seats will now increase from 107 to 114, which is expected to increase the Jammu region’s representation.