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Subject: Polity

  • IT Rules Amendments: Government the Sole Arbiter of Truth

    Central Idea

    • The Ministry of Electronics and Information Technology (MeitY) has created powers to determine fake or false or misleading internet content about any business of the Central Government, which is inspired by George Orwell’s novel 1984 and its concept of Newspeak. While the government claims that these changes are for an Open, Safe & Trusted and Accountable Internet, this claim is questionable, and their impact on natural justice, transparency, and trust in government.

    What is mean by Fake news?

    • Fake news refers to intentionally fabricated or misleading information presented as if it were real news. It can be spread through traditional media sources like newspapers or television, but it is more commonly associated with social media platforms and other online sources.
    • Fake news can range from completely made-up stories to misleading headlines and selectively edited or out-of-context information designed to deceive readers.
    • It is often used for political purposes, to manipulate public opinion or to spread misinformation about individuals, organizations or events.

    What makes Government’s claim questionable?

    1. No safeguards for natural justice

    • Against the principle of natural justice: The IT Amendment Rules, 2023, contain powers that allow the government to act as a judge in its own case. This goes against the principles of natural justice, where a transparent process with a fair chance of hearing and a legal order is essential.
    • Government censorship: The absence of such safeguards in the IT Rules could result in government censorship, where press releases and tweets by the government may rally citizens to its cause without providing legal reasoning or the remedy of a legal challenge.

    2. Government censorship in the name of safety

    • Swift take-down of the content: With the new powers, the determination of fake or false or misleading information by a fact-checking unit of the Central Government will result in a swift take-down of the content, making it inaccessible not only on social media but also on the news portal’s website.
    • Prevents critical understanding: This will prevent readers from developing a critical understanding of facts, which is a natural outcome of a democratic system. Thus, the IT Rules undermine the administration of justice and assume that the executive alone knows what is best for the citizen.

    3. Lack of details on fact-checking body composition

    • Lack of details and autonomy of the fact checking body: For a trusted internet, the fact-checking body’s composition and design of regulatory institutions are important. When these bodies are not insulated or formed with financial and functional autonomy, they become subservient to government and political interests. This undermines the basis of trust in government built through scrutiny.
    • Government the sole arbiter of truth: The present system makes the Union Government the sole arbiter of truth, leaving citizens with little choice but to trust the government.

    The basis of accountability

    • Accountability requires remedial actions that are neither an artificial measure of placation nor a disproportionate or aggressive penalty.
    • The IT Rules target institutions that work towards accountability, making it difficult to achieve its purpose.
    • The mission of journalists is to report facts and speak truth to power, and the slogan Open, Safe & Trusted and Accountable Internet means little in a Digital India, where Newspeak-like rules prevent the free exchange of information.

    Conclusion

    • IT Rules of 2023, inspired by Orwell’s Newspeak, could lead to government censorship, lack of natural justice, and trust in government. The government needs to provide transparency, impartiality, and accountability in the regulatory institutions’ design to build trust among citizens. Instead of relying on a fact-checking unit of the Central Government, it is essential to establish independent regulatory bodies with financial and functional autonomy to promote a truly open, safe, and trusted internet.

  • What is Ninth Schedule of the Constitution?

    Central idea: Chhattisgarh CM has written to the Prime Minister seeking the inclusion of two amendment Bills allowing for higher quotas in jobs and educational institutions in the Ninth Schedule of the Constitution.

    What is Ninth Schedule?

    • The Ninth Schedule is a legal provision in the Constitution of India that provides immunity to certain laws from judicial review.
    • It is a list of Central and State laws that are immune from judicial review.
    • These laws are not subject to judicial scrutiny or challenge in any court of law, including the Supreme Court of India.
    Details
    Definition A list of Central and State laws that are immune from judicial review.
    History Added to the Constitution by the First Amendment in 1951.
    Purpose back then To protect land reforms and other progressive laws from being challenged in courts.
    Significance Used to protect laws related to land reforms, reservation in education and employment, anti-defection laws, and other progressive measures aimed at social justice and equality.
    Criticisms Criticised for shielding unconstitutional laws and violating fundamental rights.

    Supreme Court of India has struck down several laws in the Ninth Schedule on the grounds that they violate the basic structure of the Constitution.
    Amendment Constitution (Ninety-Sixth Amendment) Act, 2001 added a provision stating that any law added to the Ninth Schedule after April 24, 1973, can be challenged in courts on the ground that it violates the fundamental rights guaranteed by the Constitution.

     

    What is the request made by CG CM?

    • In Chhattisgarh’s case, the two amendment Bills were passed unanimously by the State Assembly paving the way for 76% quota for Scheduled Caste, Scheduled Tribes and Other Backward Classes.
    • However, the Bills are yet to receive the Governor’s nod.
    • The Chhattisgarh High Court had struck down a 2013 State government order to allow 58% quota, holding that reservation above the 50% ceiling was “unconstitutional.”

    Request for Inclusion in Ninth Schedule

    • The CM presented the demographics of the State and wrote that the socio-economic and educational condition of the OBC people of the State is as weak as that of the SC/ST people.
    • He argued that the inclusion of the amended provision in the Ninth Schedule of the Constitution is necessary for the people of the deprived and backward classes to get justice.

     

     

  • Election Commission Revised It’s List of National and State Parties

    Central Idea

    • The Election Commission of India (EC) recently revised its list of recognised national and state parties.

    The EC’s decision

    • The EC recognised AAP as a national party and revoked the national party status of TMC, NCP and CPI.
    • It also revoked the state party status granted to Rashtriya Lok Dal in Uttar Pradesh, Bharat Rashtra Samithi in Andhra Pradesh, People’s Democratic Alliance (Manipur), Pattali Makkal Katchi (Puducherry), Revolutionary Socialist Party (West Bengal) and Mizoram People’s Conference (Mizoram).
    • The EC laid down strict technical criteria for a party to be recognised as a national party, based entirely on its electoral performance. A party may gain or lose national/state party status from time to time, depending on the fulfilment of these conditions.

    Process of recognition and derecognition

    • Election Symbols Order, 1968: The process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968, which lays down the criteria for recognition as a national or state party.
    • Specific stipulations: The order has specific stipulations which also find concurrence in the EC’s Political Parties and Election Symbols, 2019 Handbook.
    • Based on poll performance: The EC’s decision was based on a review of the parties’ poll performances since 2014.

    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.

    Criteria for recognition of political parties

    Criteria National Party State Party
    At least 6% of valid votes in 4+ states OR 4 Lok Sabha seats from at least 3 states OR recognition as a state party in at least 4 states ✓
    2% of all Lok Sabha seats in the last such election, with MPs elected from at least three states. ✓
    Two seats plus a 6% vote share in the last Assembly election in that state ✓
    One seat plus a 6% vote share in the last Lok Sabha election from that state ✓
    3% of the total Assembly seats or 3 seats, whichever is more. ✓
    One of every 25 Lok Sabha seats (or an equivalent fraction) from a state. ✓
    An 8% state-wide vote share in either the last Lok Sabha or the last Assembly polls. ✓

    Benefits of recognition as a national party

    Benefit Description
    Election symbol The election symbol of the party will remain unchanged across India, making it easier for voters to identify and vote for the party.
    Free broadcast/telecast time National parties get free broadcast/telecast time on Akashvani and Doordarshan during the general election, giving them greater visibility and reach.
    Star campaigners National parties can have a maximum of 40 star campaigners whose travel expenses will not be counted in the accounts of the candidates.
    Consultation with the Election Commission National parties will have the privilege of consultation with the EC in the setting of election dates, and giving inputs in setting electoral rules and regulations.
    Top slots on the EVM/ballot paper Top slots on the EVM/ballot paper are reserved for national parties, giving them greater visibility and prominence on the ballot.

     Perception and legal challenges

    • The greater impact, however, will be concerning the public perception of the party, which is why many who have lost national party status are planning to go to courts.
    • Some parties are questioning the power of the EC though it stands legitimised by the Supreme Court.
    • The EC has no discretion in the matter as the rules are very specific and repeatedly emphasise that a party is eligible if, and only if it fulfils all criteria.

    Conclusion

    • The EC’s decision to revise the list of recognized national and state parties has faced legal challenges from some parties questioning the power of the EC. However, the EC’s decision is based on strict technical criteria laid down by the EC and the process of recognition and derecognition is stipulated under the Election Symbols (Reservation and Allotment) Order, 1968.

    Mains Question

    Q. The Election Commission of India (EC) recently revised its list of recognised national and state parties. In this light highlight the criteria for recognition of political parties and discuss the benefits of recognition as a national party

  • Constitution Bench formed in Same-Sex Marriage Case

    bench

    The Supreme Court has announced the formation of a new Constitution Bench headed by Chief Justice of India DY Chandrachud to hear a series of petitions seeking legal recognition of same sex marriages.

    What is a Constitution Bench?

    • The constitution bench is the name given to the benches of the Supreme Court of India.
    • The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.

    Constitution benches are set up when the following circumstances exist:

    1. Interpretation of the Constitution: Article 145(3) provides for the constitution of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
    2. President of India seeking SC’s opinion: When the President has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution. Article 143 of the Constitution provides for Advisory jurisdiction to the SC. As per the provision, the President has the power to address questions to the apex Court, which he deems important for public welfare.
    3. Conflicting Judgments: When two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, necessitating a definite understanding and interpretation of the law by a larger bench.
    • The Constitution benches are set up on ad hoc basis as and when the above-mentioned conditions exist.
    • Constitution benches have decided many of India’s best-known and most important Supreme Court cases, such as:
    1. K. Gopalan v. State of Madras (Preventive detention)
    2. Kesavananda Bharati v. State of Kerala (Basic structure doctrine) and
    3. Ashoka Kumar Thakur v. Union of India (OBC reservations) etc.

    Why in news now?

    • The Centre had expressed its concern about the “psychological impact” that same-sex unions could have on children, but refused to link its worries to stigma about same-sex relationships.
    • The government’s recent affidavit sought to explain how same-sex marriage was antithetical to the view held by many in India that marriage was a “holy union, a sacrament and a sanskar” between a biological man and a woman.

     

  • Independence of Constitutional Authorities Is An Important Issue

    Central Idea

    • The recent comments made by the Supreme Court regarding the independence of constitutional authorities in India is an important issue. The need for independent institutions and a system of checks and balances is essential to prevent the arbitrary use of power by the government. The appointment process of key constitutional positions needs to be safeguarded from the whims of the executive.

    Need for Independent Institutions

    • Executive interference: The Constituent Assembly of India had recognized the need for independent institutions to regulate sectors of national importance without any executive interference.
    • Constitutional bodies: Various constitutional authorities such as the Public Service Commission, the Comptroller and Auditor General of India (CAG), the Election Commission of India (ECI), the Finance Commission, and the National Commissions for Scheduled Castes (SC), Scheduled Tribes (ST) and Backward Classes (BC) have been set up for this purpose.
    • Need complete independence: Such constitutional bodies must be provided complete independence to enable them to function without fear or favor and in the larger interests of the nation.

    Appointment Process for Constitutional Authorities

    • Appointments are critical for independence: The appointment of individuals heading these institutions is critical to ensuring their independence.
    • Safeguarded from the whims of the executive: While empowering the President of India to appoint all constitutional authorities, the Constitution-makers had kept in mind those institutions whose independence is of paramount importance to the country and the manner in which the independence of these authorities could be safeguarded from the whims of the executive

    Appointment of Judges and Other Constitutional Positions

    • The Constitution provides for certain conditions to be fulfilled by those who may be considered for such appointments.
    • Role of governors: The appointment of Judges of the Supreme Court and the High Court, the CAG of India, and Governors are to be kept free from political or executive pressure.
    • For instance, appointment of the CAG:
    • In the draft Constitution, the article for the appointment of the CAG had provided that, there shall be an Auditor General who shall be appointed by the President. The Constituent Assembly further discussed that The Auditor-General should be always independent of either the legislature or the executive.
    • The process of selecting a person to be appointed as the CAG of India should begin by appointing a committee consisting of the Speaker of the Lok Sabha, the Chief Justice of India, and the Chairman of the Public Accounts Committee to shortlist names to be considered for appointment as the CAG of India; and a panel of three names should be forwarded to the President for him to make the final selection as in Article 148 of the Constitution of India.

    Supreme court on appointment of CEC, EC’s and Governor

    • Appointment of CEC and EC’s: The Supreme Court has taken an important step in ensuring the independence of the Election Commission of India by divesting the executive of its sole discretion in appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs) by forming a committee to suggest suitable names to man these constitutional posts.
    • Appointment of Governors: The Court expressed serious concern over the active role being played by Governors in State politics, observing that Governors becoming part of political processes is disconcerting. The appointment process for Governors needs to be unrestricted and unfettered to ensure that the President is free from the influence of the Legislature.

    Conclusion

    • It is necessary to ensure the independence of constitutional authorities to enable them to function without fear or favor and in the larger interests of the nation. The appointment process for key constitutional positions must be safeguarded from the whims of the executive. The recent comments of the Supreme Court regarding the independence of constitutional authorities in India are a reminder of the need to ensure that the appointment process for such positions is free from political or executive pressure.

    Mains Question

    Q. The issues over the independence of constitutional authorities in India is often in the headlines. In this light discuss why is it necessary to ensure the independence of constitutional authorities, and what are the implications of failing to do so?

  • Role of Parliamentary Committees

    Central idea: This article discusses the importance and functions of parliamentary committees in India.

    Why in news?

    • As little as 25% of the Bills introduced were referred to committees in the 16th Lok Sabha, as compared to 71% and 60% in the 15th and 14th Lok Sabha respectively.
    • This represents a declining trend of national legislation being subjected to expert scrutiny.

    What is a Parliamentary Committee?

    • A committee appointed or elected by the House or nominated by the Speaker that works under the direction of the Speaker and presents its report to the House or the Speaker.
    • Two kinds of committees: Standing Committees and Ad hoc Committees.

    (1) Standing Committees

    • Permanent and regular committees constituted from time to time in pursuance of the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business in Lok Sabha.
    • The work of these Committees is of continuous nature.
    • Examples include the Financial Committees and DRSCs.

    (2) Ad hoc Committees

    • Appointed for a specific purpose and cease to exist when they finish the task assigned to them and submit a report.
    • The principal Ad hoc Committees are the Select and Joint Committees on Bills.
    • Examples include the Railway Convention Committee and Joint Committee on Food Management in Parliament House Complex.

    Why need Parliamentary Committee?

    • Parliament scrutinizes legislative proposals (Bills) in two ways: discussion on the floor of the two Houses and referring the Bill to a parliamentary committee.
    • Since Parliament meets for 70 to 80 days in a year, there is not enough time to discuss every Bill in detail on the floor of the House.

    Role of the committee in the passage of a Bill

    • The debate in the house is mostly political and does not go into the technical details of a legislative proposal.
    • Referring a Bill to a parliamentary committee takes care of the legislative infirmity of debate on the floor of the House.
    • However, referring Bills to parliamentary committees is not mandatory.

    What is a Select Committee?

    • India’s Parliament has multiple types of committees.
    • Departmentally related Standing Committees focus on the working of different ministries.
    • Each committee has 31 MPs, 21 from Lok Sabha and 10 from Rajya Sabha.
    • The main purpose is to ensure the accountability of Government to Parliament through a more detailed consideration of measures in these committees.

    When does a committee examine a Bill?

    • Bills can reach a committee through a recommendation by the minister piloting the Bill or the presiding officer of the House.

    What happens when a Bill goes to a Committee?

    • The committee undertakes a detailed examination of the Bill, inviting comments and suggestions from experts, stakeholders and citizens.
    • The government also appears before the committee to present its viewpoint.
    • The committee’s report makes suggestions for strengthening the Bill.
    • While the committee is deliberating on a Bill, there is a pause in its legislative journey.
    • The Bill can only progress in Parliament after the committee has submitted its report.

    What happens after the report?

    • The report of the committee is of a recommendatory nature.
    • The government can choose to accept or reject its recommendations.
    • Select Committees and JPCs have an added advantage of including their version of the Bill in the report.
    • The minister in charge of that particular Bill can move for the committee’s version of the Bill to be discussed and passed in the House.

    Importance of these Committees

    • Parliamentary committees analyze the impact that a specific piece of legislation may have on governance indicators.
    • It recommends the government to take an ‘Action Taken’ report for the House to judge the progress made on the suggestions of the committee.
    • Though committee reports aren’t binding on the government, it helps the legislature ensure oversight of the executive.

     

  • The 17th Lok Sabha: A Short-Lived Parliament with Low Productivity

    17th Lok Sabha

    Central Idea

    • The 17th Lok Sabha is set to complete its five-year term in 2024. However, with only 230 sitting days so far, it is unlikely to surpass the 331 days of the shortest full-term Lok Sabha since 1952. The latest session, the Budget session, was marked by minimal legislative activity and continuous disruptions, with only one item, the Motion of Thanks on the President’s Address, being discussed.

    Low Productivity of the 17th Lok Sabha

    • The Lok Sabha has functioned for only 33% of its scheduled time (46 hours) during the Budget session, with the Rajya Sabha working for 24% (32 hours).
    • The second part of the session was even more unproductive, with the Lok Sabha working for only 5% and the Rajya Sabha for 6% of their scheduled time.
    • The number of Bills introduced and passed has also declined significantly since the first session, with fewer than 10 Bills being introduced or passed in each of the last four sessions.
    • The latest Budget session was also one of the shortest since 1952, with the Lok Sabha spending only 18 hours on financial business, compared to an average of 55 hours in previous Budget sessions of the 17th Lok Sabha.
    Lok Sabha Term Total Sitting Days Bills Introduced Bills Passed Average Sitting Days per Year
    15th 2009-2014 357 244 181 71
    16th 2014-2019 331 247 156 66
    17th 2019-2024 Less than 331 (projected) 150 (as of April 2023) 131 (as of April 2023) 58 (projected)

    Lack of Debates and Discussions

    • Short-duration discussions: The Rules of Procedure of both Houses of Parliament provide for various devices that can be used to draw attention to matters of public importance and hold the government accountable. However, in the 17th Lok Sabha, only 11 short-duration discussions and one half-an-hour discussion have been held so far, and none were held during the latest session.
    • Question Hour: This is despite the fact that the latest session saw the least amount of time spent on questions in the current Lok Sabha. Question Hour functioned for only 19% of the scheduled time in the Lok Sabha and 9% of the scheduled time in the Rajya Sabha.

    Why the Lok Sabha’s productivity has been low?

    • Disruptions and Protests: The 17th Lok Sabha witnessed frequent disruptions and protests from opposition parties, leading to a significant loss of time and decreased productivity. Some of the major issues that led to disruptions include the Citizenship Amendment Act (CAA), National Register of Citizens (NRC), and farm laws.
    • Lack of Consensus: The ruling party enjoyed a clear majority in the Lok Sabha, but there was still a lack of consensus on many key issues, resulting in a delay in passing important bills and legislation.
    • COVID-19 Pandemic: The COVID-19 pandemic also contributed to the low productivity of the Lok Sabha as many sessions were delayed or cancelled due to safety concerns.
    • Speaker’s Decision: The decision of the Speaker of the Lok Sabha to disallow opposition MPs from raising certain issues also resulted in protests and disruptions, further reducing the productivity of the house.
    • Shorter Sessions: The 17th Lok Sabha had shorter sessions compared to previous Lok Sabhas, which also contributed to lower productivity. Many important bills and issues were left pending as there was not enough time to discuss and debate them thoroughly.

    Implications of low productivity of the Lok Sabha

    • Delay in passing important bills: When the Lok Sabha is unable to function effectively, it can lead to a delay in passing important bills, which may have an adverse impact on the economy and governance. For example, crucial bills related to taxation, infrastructure, and social welfare may get delayed, affecting the overall progress of the country.
    • Poor quality of legislation: When the Lok Sabha is unable to function effectively, it may lead to poor quality of legislation. There may be a lack of debate and discussion, leading to hasty decision-making and poor-quality laws that may have unintended consequences.
    • Damage to democratic institutions: When the Lok Sabha is unable to function effectively, it can damage the democratic institutions of the country. It can erode the trust of citizens in the democratic process and lead to a feeling of disenchantment and disengagement among the people.
    • Wastage of taxpayers’ money: When the Lok Sabha is unable to function effectively, it leads to wastage of taxpayers’ money. The salaries and allowances of Members of Parliament are paid from the public exchequer, and if they are not able to discharge their duties effectively, it amounts to a waste of taxpayers’ money.
    • Negative impact on investor confidence: When the Lok Sabha is unable to function effectively, it can have a negative impact on investor confidence. Investors may be hesitant to invest in the country, leading to a slowdown in economic growth and development.
    • Lack of accountability: When the Lok Sabha is unable to function effectively, it may lead to a lack of accountability. Members of Parliament may not be held accountable for their actions, and the executive may be able to push through decisions without proper scrutiny or oversight.

    17th Lok Sabha

    Conclusion

    • The 17th Lok Sabha has been marked by low productivity and a lack of debates and discussions, despite the availability of mechanisms to hold the government accountable. The upcoming year is unlikely to see a significant increase in the number of sitting days. This lack of productivity and accountability could undermine the role of Parliament in a democracy and the ability of the government to pass important legislation.

    Mains Question

    Q. What are the reasons for the low productivity of the 17th Lok Sabha? What are the implications of its low productivity, and how might it affect the country’s progress and democratic institutions?

  • 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.