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Subject: Polity

  • [14th June 2024] The Hindu Op-ed: The message in the RSS chief’s Speech

    [14th June 2024] The Hindu Op-ed: The message in the RSS chief’s Speech

    PYQ Relevance:

    Q Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.(UPSC IAS/2022)

    Q Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC IAS/2017)

    Mentors’ Comment: In an impressive speech (one of many he has delivered), RSS chief Mr Bhagwat has effectively outlined a road map for the newly reinstated government and proposed a model code of conduct, a role typically expected of the Election Commission of India (ECI) during the 2024 general election. The common thread between the two lies in what remains unspoken. While the ECI subtly warned the party, the RSS leader delivered a directive to ‘whomsoever it may concern.’ Mr. Bhagwat’s message is clear and direct, in contrast to the ECI’s subdued and carefully crafted communication. Both messages aim to hit their mark without explicitly identifying the target.

    Let’s learn.

    Why in the News?

    • Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat’s strategic address outlines a governance roadmap, similar to the ECI’s muted directive, both subtly guiding political conduct.
    Key Implications of 2024 General Elections:

    No more Charisma: The party’s reliance on single personal charisma may have reached its limit, with diminishing returns evident in the election results.
    Local Issues Matter: The party’s disconnect from local issues in key states like Uttar Pradesh, Maharashtra, and West Bengal contributed to electoral setbacks.
    Role of RSS (Rashtriya Swayamsevak Sangh): The party underestimated the importance of the RSS in grassroots mobilization and support, which affected its electoral performance.
    Dalit Voters Cannot Be Taken for Granted: Attempts by leaders to discuss changes to reservation policies backfired, leading to significant losses among Dalit and OBC (Other Backward Classes) voters.
    Importance of Opposition Alliances: The success of opposition alliances, particularly the INDI Alliance, highlighted the necessity for the Congress and other parties to forge effective alliances to consolidate non-NDA votes.

    Bhagwat’s Strategic Speech

    • Roadmap for Government: Bhagwat’s speech laid out a roadmap for the government and a model code of conduct, akin to the expectations of the Election Commission of India (ECI) during the 2024 general election.
    • Clear Message: Bhagwat’s message was clear and direct, while the ECI’s was more muted.
    • Issue Addressing: Both messages aimed to address issues without directly targeting any party.

    Election Commission’s Actions

    • Complaint Examination: The ECI examined complaints, asked political parties for explanations, and issued mild reprimands.
    • Impartial Justice: The ECI aimed to deliver impartial justice, risking its image but believing it was repaired by the efficient conduct of the 2024 general election.

    Bhagwat’s Post-Election Message

    • Post-Mortem of Election: Bhagwat’s address came after the general election results, suggesting a post-mortem of election conduct.
    • ‘Mishap’ and ‘Maryada’: He implied that the ‘mishap’ was losing the majority, caused by ‘unnatural’ violations of decorum during the campaign by both sides.

    Key Words and Their Importance

    • ‘Maryada’ and ‘Ahankar’: Bhagwat emphasized ‘Maryada’ (dignity) and ‘Ahankar’ (arrogance).
    • True Workers: He stated that true workers maintain dignity without arrogance, linking ‘Maryada’ to Lord Ram and suggesting a model code of conduct.

    RSS Vision and Humility

    • The metaphor of Growth: The RSS website uses the metaphor “Great oaks from little acorns grow,” applying it to the growth of the organization and its volunteers.
    • Importance of Humility: Bhagwat stressed the importance of humility among swayamsevaks (volunteers).

    Treating Political Opponents

    • Respect for Opponents: Bhagwat highlighted treating opponents with respect after the contest is over.
    • ‘Pratipaksh’ (Opposition): He used the term ‘pratipaksh’ to emphasize the democratic need for inclusivity and respect for opposing views.

    Inclusivity and Consensus

    • Call for Inclusivity: Bhagwat called for inclusivity and building consensus, placing the onus on the ruling party.
    • Responsibility of Power: He stressed that the responsibility lies with those in power to diminish societal divisions and alleviate minority apprehensions.

    India’s Diversity

    • Mutual Respect: Bhagwat acknowledged India’s diversity and the need for mutual dependence and respect among different communities.
    • Condemnation of Division Exploitation: He condemned those who exploit divisions for political gains and called for leaders to foster harmony.

    Conclusion: Mohan Bhagwat’s address serves as a strategic guide, emphasizing dignity, humility, and inclusivity to strengthen India’s democratic foundations and societal harmony. His message calls for mutual respect, the acknowledgement of diverse perspectives, and the importance of a strong, united foundation for stable governance.

    https://www.thehindu.com/opinion/lead/the-message-in-the-rss-chiefs-speech/article68286270.ece

  • Arrest, agencies, and criminal courts

    Why in the news?

    In May 2024, the Supreme Court clearly stated its stance in two important rulings that affect the rights of individuals accused of crimes.

    About Supreme Court’s Decision on Detention:

    • Custody Not Necessary Before Charge Sheet: The Supreme Court ruled that the custody of an accused is not mandatory before filing a charge sheet in certain criminal cases.
    • Relief for Investigating Agencies: This decision, if adhered to by lower courts, could alleviate pressures on investigating agencies.

    Filing of Charge Sheet:Siddharth v. State of Uttar Pradesh and Another (2021)

    • Non-obligatory Arrest: Section 170 of the CrPC does not require investigating officers (IOs) to arrest every accused at the time of filing the charge sheet.
    • Acceptance of Charge Sheet: Courts cannot refuse to accept charge sheets solely because the accused is not in custody if the accused has been cooperating and is unlikely to abscond.
    • Practical Issues: Despite the ruling, IOs face challenges in filing charge sheets due to court practices and logistical constraints, such as the absence of all accused or arbitrary limits on the number of charge sheets accepted daily.

    Grounds of Arrest:

    1.  Pankaj Bansal v. Union of India and Others (2023):

    • Written Notification Required: Grounds of arrest must be provided in writing to the accused to comply with constitutional and statutory mandates, specifically under Section 19(1) of the PMLA.

    2. Prabir Purkayastha v. State (NCT of Delhi):

    • Application to UAPA: The requirement for written grounds of arrest under PMLA applies equally under UAPA.
    • Formal vs. Personal Grounds: Differentiates between formal reasons for arrest and personal grounds, necessitating detailed written reasons for arrest.

    3. Criminal Procedure Code (CrPC):

    • Section 50(1) Compliance: Requires that every police officer inform the arrested person of the full particulars of the offence and grounds of arrest.
    • Arrest Memo: While arrest memos detail charges and are signed by the IO and the accused, there is no legal requirement to provide a copy to the accused.
    • Recommendation for Amendment: To comply with constitutional rights, it is suggested to amend the law to provide a copy of the arrest memo to the accused, enhancing transparency and legal support.

    Conclusion: The Supreme Court’s decisions regarding the necessity of detention before charge sheet filing and the requirements for informing an accused of the grounds of arrest, highlight the implications for legal and procedural practices in India.

     

    Mains PYQ:

    Q Human right activists constantly highlight the fact that the Armed forces (Special Powers) Act, 1958 (AFSPA) is a draconian act leading to cases of human right abuses by security forces. What sections of AFSPA are opposed by the activists. Critically evaluate the requirement with reference to the view held by Apex Court.  (UPSC IAS/2015)

  • Bihar’s call for Special Category Status | Explained

    Why in the News?

    Bihar Chief Minister Nitish Kumar has renewed the State’s persistent call for special category status from the Centre, which would boost the State’s share of tax revenues from the Central government.

    How does the ‘Special Category’ Status benefit the states like Bihar?

    • Increased Central Funds: States with special category status receive a higher share of central funds for government schemes, typically 90% from the Centre, compared to 60%-80% for other states.
    • Tax-Related Concessions: These states enjoy various tax concessions that can attract investments and boost economic development.
    • Financial Aid for Development: The additional funds can be used to address developmental gaps, improve infrastructure, and support welfare programs.

    Criteria for Special Category status:

    • Geographic Disadvantages: States with challenging terrains such as hilly or difficult terrain.
    • Low Population Density or High Tribal Population: States with a considerable proportion of tribal population or low population density.
    • Economic and Social Backwardness: States that are economically and socially disadvantaged.
    • Strategic Location: States that share international borders or have strategic significance.

    Why has Bihar’s demand been a long-standing issue?

    • Economic Backwardness: Bihar has one of the lowest per capita incomes in India and lags behind in several human development indicators.
    • Fiscal Challenges: The bifurcation of the state leading to the formation of Jharkhand, frequent natural disasters, and insufficient water resources for irrigation have adversely affected Bihar’s fiscal situation.
    • Political Reiteration: Successive Bihar governments have continuously demanded special status to help the state’s development.

    What are the political implications of granting ‘Special Status’ to Bihar?

    • Increased Bargaining Power: Granting special status could enhance Bihar’s political leverage with the central government, especially in coalition politics.
    • Precedent for Other States: Granting special status to Bihar could lead to similar demands from other states, potentially creating financial burdens for the Centre.
    • Electoral Promises and Alliances: Political parties may use the promise of special status as an electoral tool to gain or maintain power, as seen with the Congress party’s manifesto promise in 2024.
    • Centre-State Relations: The decision could impact the dynamics of center-state financial relations and influence the federal structure of revenue distribution in India.

    Conclusion: The Central government should establish a transparent and well-defined framework for granting special category status, taking into account various economic, geographic, and social parameters. This framework should be periodically reviewed to ensure it remains relevant and fair to all states.

    Mains PYQ: 

    Q To what extent is Article 370 of the Indian Constitution, bearing marginal note “Temporary provision with respect to the State of Jammu and Kashmir”, temporary? Discuss the future prospects of this provision in the context of Indian polity. (UPSC IAS/2016)

  • What are the functions of Cabinet Ministers and Ministers of State?

    Why in the News?

    • President Droupadi Murmu administered oaths to the Central Council of Ministers (CoM) of the new NDA government, comprising a larger team compared to the previous term.
      • The Council includes 30 cabinet ministers, five Ministers of State (Independent Charge), and 36 Ministers of State, with the Prime Minister leading the team.

    About Central Council of Ministers

    • The Central CoM is a crucial part of India’s governance system.
    • Members: It consists of the Prime Minister (Head), Cabinet Ministers, Ministers of State, and Deputy Ministers.
    • History:
      • Portfolio System: The system of the CoM finds its roots in the Indian Councils Act of 1861, introduced by Lord Canning going parallel with the British Parliamentary System.

    Constitutional Provisions

    Articles 74 to 78 in Part V of the Indian Constitution broadly deal with the Central Council of Ministers.

    Union Executive: The Union Executive encompasses the President, Vice-President, Prime Minister, Union Council of Ministers, and Attorney General of India, collectively responsible for the country’s administration.

    Role of the Prime Minister

    • The Prime Minister is the head of the Central Council of Ministers, exercising executive authority and decision-making powers on key policy issues and unallocated portfolios.
    • Responsibilities: Prime Minister Modi oversees critical ministries such as Personnel, Public Grievances, Pensions, Department of Atomic Energy, and Department of Space, while also leading government bodies like the Cabinet Secretariat and NITI Aayog.

    Functions and Duties of CoM

    1. Policy Formulation and Implementation:

    • Formulating Policies: The Council of Ministers, particularly the Cabinet, is tasked with formulating policies crucial for the nation’s development and welfare.
    • Policy Coordination: It ensures coordination among various government departments and agencies for effective policy implementation.

    2. Executive Functions:

    • Real Executive Authority: The Council of Ministers acts as the real executive authority, exercising executive powers on behalf of the President.
    • Administration: It oversees the day-to-day administration of the country, ensuring the smooth functioning of government affairs.
    • Emergency Powers: During emergencies, the Council of Ministers advises the President on the exercise of emergency powers and crisis management.

    3. Legislative Functions:

    • Bills and Legislation: Ministers actively participate in the legislative process by introducing bills, piloting them through Parliament, and ensuring their passage.
    • Policy Advocacy: They advocate for government policies and bills in Parliament, engaging in debates and discussions to garner support.
    • Budgetary Process: The Council of Ministers prepares and presents the annual budget, guiding fiscal policies and financial allocations.

    4. Financial Management:

    • Budget Preparation: It plays a significant role in preparing the national budget, and outlining revenue and expenditure plans for the fiscal year.
    • Financial Administration: The Council oversees financial administration, ensuring compliance with budgetary provisions and efficient resource utilization.
    • Taxation and Fiscal Policy: Ministers propose taxation measures and formulate fiscal policies to promote economic growth and stability.

    Who are the Cabinet Ministers?

    • The Cabinet Ministers are senior members of the Central Council of Ministers who head key government departments or ministries.
    • Typically, Cabinet Ministers are appointed by the Prime Minister and are part of the Cabinet, which is the core decision-making body in the government.
    • Each Cabinet Minister typically manages a specific portfolio aligned with the government’s priorities and responsibilities.
      • Examples: Minister of Finance, Minister of Home Affairs, Minister of Defence, Minister of External Affairs, Minister of Health, Minister of Education, and others.
    • The term ‘Cabinet’ was inserted in Art. 352 of the Constitution by the 44th Amendment Act 1978.
    • It did not find a place in the original text of the Constitution.

    Difference between Ministers of State (Independent Charge) and Ministers of State:

    Ministers of State (Independent Charge) Ministers of State
    Authority Have independent portfolios Assist Cabinet Ministers
    Reporting Structure Directly report to PM/President Report to and assist Cabinet Ministers
    Accountability Fully responsible for their departments Assist Cabinet Ministers in tasks
    Protocol Status Equivalent to Cabinet Ministers in status Lower protocol status
    Attendance in Cabinet Meetings May attend if their portfolios are discussed Not regular attendees

     

    PYQ:

    [2013] Consider the following statements:

    1. The Council of Ministers in the Centre shall be collectively responsible to the Parliament.
    2. The Union Ministers shall hold the office at the pleasure of the President of India.
    3. The Prime Minister shall communicate to the President about the proposals for legislation.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

    [2007] Assertion (A): The Council of Ministers in the Union of India is collectively responsible both to the Lok Sabha and Rajya Sabha.

    Reason (R): The Members of both the Lok Sabha and the Rajya Sabha are eligible to be the Ministers of the Union Government.

    Choose the correct Code:

    (a) Both A are R are true and R is the correct explanation of A

    (b) Both A and R are true but R is not a correct explanation of A

    (c) A is true but R is false

    (d) A is false but R is true

  • On Special Category Status for Andhra Pradesh

    Why in the News?

    With the completion of the 2024 Lok Sabha elections, the demand for Special Category Status to Andhra Pradesh is again gaining attention.

    Why is the demand for special status for Andhra Pradesh back in the political limelight?

    • Unfulfilled Promise: Despite assurances by the previous Prime Minister and BJP leaders, the Special Category Status (SCS) promised to Andhra Pradesh post bifurcation remained unfulfilled.
    • Economic Struggles: Andhra Pradesh faces revenue deficits and escalating debts post-bifurcation, hampering its development projects and infrastructure initiatives.
    • Dependency on Central Aid: With the need for funding for critical projects like Amaravati’s development and ongoing revenue deficits, Andhra Pradesh seeks central assistance for its economic stability and growth.

    Five factors stood as the qualifying benchmark for the granting of SCS

    • States that comprise a majority tribal population, low density of population, hilly States and close to international borders, have socio-economic and industrial backwardness and lack adequate State finances.
    • At present, the States that have the SCS include Arunachal Pradesh, Assam, Himachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Uttarakhand.

    Why did Chandrababu Naidu, back in 2018, settle for a special package?

    • Pressure from Opposition: Facing criticism and a strong opposition campaign over the unmet promise of SCS, Naidu, then allied with the NDA, agreed to a Special Package (SP) as an alternative.
    • Naidu’s decision to accept the SP was influenced by political considerations that included maintaining stability within the NDA alliance and counter-opposition attacks.

    Is the State qualified to be granted Special Status?

    • Debatable Qualification: Andhra Pradesh’s eligibility for SCS is contested, with some arguing it doesn’t meet the criteria outlined for special status, including socio-economic and geographical disadvantages.
    • Previous Annulment: The 14th Finance Commission equated SCS with general category status and annulled it for new states, citing increased tax devolution and revenue deficit grants as alternatives.

    What did the 14th Finance Commission state?

    • On Alternative Grants: Instead of SCS, the commission increased tax devolution to states and introduced revenue deficit grants to address fiscal disparities, providing Andhra Pradesh with financial assistance.
    • Scope for Review: While the 14th Finance Commission did not explicitly rule out SCS, it left the decision to the Union Government, suggesting a potential review by subsequent finance commissions and policy bodies.

    Way forward:

    • Comprehensive Economic Reform: Implement structural reforms to boost economic growth, reduce fiscal deficits, and attract investments, ensuring sustainable development beyond dependency on special status or central aid.
    • Targeted Development Projects: Prioritize funding for infrastructure projects based on critical needs and potential economic returns, focusing on sectors like agriculture, manufacturing, and technology to drive growth and employment.

    Mains PYQ:

    Q The political and administrative reorganization of states and territories has been a continuous ongoing process since the mid-nineteenth century. Discuss with examples. (UPSC IAS/2022)

  • What are the powers of the Speaker, why is the post crucial?

    Why in the News?

    The pivotal role of the Speaker in parliamentary democracy is underscored as both the TDP and JD(U), crucial allies within the NDA, compete for the position, highlighting its significance.

    Constitutional Mandate:

    • Speaker and Deputy Speaker are elected as per Article 93 of the Constitution, with the Speaker chosen by a simple majority.
    • The speaker’s term ends with the House dissolution and no-confidence motion can be moved against the Speaker.
    • No specific qualifications for the Speaker, who is distinct from other members.

    Powers of the Speaker

    • Conducting the House: The Speaker decides House conduct and government business, ensuring adherence to rules, crucial for opposition participation. There are Rules and Procedure for the functioning of the House, but the Speaker has vast powers in ensuring these Rules are followed, and in choosing procedures.
    • Questions & Records: The Speaker holds authority over determining the validity of queries raised by members and overseeing the publication of House proceedings. The Speaker possesses the power to remove, wholly or partially, statements deemed unparliamentary.
    • Voice Votes, Division: The speaker can push bills through by voice vote or division, crucial for the legislative process.
      • As per the Rules of Procedure and Conduct of Business in Lok Sabha, if the Speaker thinks that is “unnecessarily claimed”, simply ask the members who are for ‘Aye’ and those for ‘No’ respectively to rise in their places and decide.
    • No-Confidence Motion: A pivotal moment where the Speaker’s neutrality significantly affects the Opposition is during the presentation of a motion of no-confidence against the government.
      • In 2018, when notices for a no-confidence motion were submitted by the YSRCP and TDP, Speaker Sumitra Mahajan postponed the House multiple times before acknowledging the motion and conducting the vote.
    • Casting Vote: As per Article 100 of the Constitution, pertaining to voting in the Houses, the Chairperson of the Rajya Sabha or the Speaker of the Lok Sabha, or any individual acting in such a capacity, “shall refrain from voting initially but must cast a deciding vote in the event of a tie.”
    • His Removal:
      • Motion: A member of the Lok Sabha gives a written notice for the removal of the Speaker, citing specific grounds such as misconduct or inability to perform duties.
      • Support: The motion needs support from at least 50 members to be admitted for discussion in the House.
      • Resolution: Once admitted, the House discusses the motion. If the majority of members present and voting support the motion, a resolution for the Speaker’s removal is passed.
    Note: During the process of removal of the Lok Sabha Speaker in India, the Speaker typically remains present and presides over the proceedings until the resolution for their removal is passed. The Speaker maintains their role in overseeing the House’s functioning unless and until the majority of members vote in favor of the motion to remove them. Once the resolution is passed and approved by the President, the Speaker ceases to hold office and their duties are formally relinquished.

    Disqualification of Members

    • Power of the Speaker: The Speaker of the House holds the authority to disqualify legislators who defect from their party, as per the provisions of the Tenth Schedule.
    • Introduction of the Anti-Defection Law: The Tenth Schedule, also known as the anti-defection law, was incorporated into the Constitution in 1985 through the Fifty-Second (Amendment) Act.
    • Judicial Review: The Supreme Court, in the landmark case of Kihoto Hollohan versus Zachillhu in 1992, upheld the power vested in the Speaker to decide on defection cases. It ruled that only the final order of the Speaker is subject to judicial review.
    • Impact on Government Stability: Defections can change the numerical strength of political parties in the House, potentially destabilizing governments if members defect in significant numbers. Timely action by the Speaker in disqualifying defective members is crucial to maintaining the integrity of the Tenth Schedule and ensuring that governments retain their majority.
    • Supreme Court Directives: The Supreme Court has issued directives emphasizing the need for Speakers to expedite disqualification proceedings. For instance, in 2020, it ruled that Speakers must decide on disqualification pleas within three months, except in exceptional circumstances.
    • Impact on Government Formation: Delays in deciding disqualification petitions can have significant political ramifications, as seen in cases where governments have collapsed due to prolonged delays in addressing defection issues.
    • Case Example: In 2023, the Supreme Court directed the Maharashtra Assembly Speaker to expedite disqualification proceedings against members of factions within the Shiv Sena party. Prolonged delays in these proceedings contributed to the collapse of the government led by Uddhav Thackeray.

    Conclusion: The Speaker holds significant powers in conducting the House, ensuring adherence to rules, deciding on crucial matters like no-confidence motions, and maintaining political stability through the judicious application of these powers.

    Mains PYQ: 

    Q ‘Once a Speaker, Always a Speaker’! Do you think this practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India? (UPSC IAS/2020)

  • Is it time for Proportional Representation?     

    Why in the News?

    India should contemplate proportional representation to ensure fairer political outcomes, given NDA’s 293 seats (43.3%) compared to INDIA bloc’s 234 seats (41.6%).

    First Past the Post (FPTP) System

    • First Past the Post (FPTP) is a voting system where the candidate with the most votes in each constituency wins, regardless of whether they achieve an absolute majority.
    • Simple and feasible method used in large democracies like India, the U.S., the U.K., and Canada.
    • Provides stability to the executive as the ruling party/coalition can enjoy a majority in the legislature without obtaining a majority of the votes across constituencies.
    • Criticized for potentially resulting in over or under-representation of political parties compared to their vote share.

    Proportional Representation (PR) System:

    • Ensures representation of all parties based on their vote share. Commonly implemented through party list PR, where voters vote for parties rather than individual candidates. PR system applied at each State/Union Territory (UT) level in federal countries like India.

    Pros and Cons Comparison between FPTP and PR

    First Past the Post (FPTP):

    • Pros: Simple, stable majority governments, clear constituency representation.
    • Cons: Disproportionate representation, underrepresentation of minorities, many wasted votes.

    Proportional Representation (PR):

    • Pros: Fairer representation, inclusivity of smaller parties, fewer wasted votes.
    • Cons: Complex, potential for unstable coalitions, weaker direct constituency representation.

    International Practices:

    • The PR system is used in presidential democracies like Brazil and Argentina, as well as parliamentary democracies like South Africa, the Netherlands, Belgium, and Spain.
    • Mixed Member Proportional Representation (MMPR) system employed in Germany and New Zealand.
    • Germany: Germany uses MMPR for elections to the Bundestag. Half of the seats are filled through FPTP constituencies, and the other half are allocated to ensure proportional representation based on party votes, provided parties receive at least 5% of the vote.
    • New Zealand: New Zealand’s House of Representatives is elected using MMPR, with 60% of seats filled through constituency elections and 40% allocated proportionally based on party votes.
    • The Mixed Member Proportional Representation (MMPR) system is a hybrid electoral system that combines elements of First Past the Post (FPTP) and Proportional Representation (PR) to ensure both local representation and proportionality in election results.

    Way Forward:

    • The Law Commission, in its 170th report titled ‘Reform of the Electoral Laws’ (1999), recommended the experimental introduction of the Mixed Member Proportional Representation (MMPR) system. It suggested that 25% of seats in the Lok Sabha could be filled using a Proportional Representation (PR) system by increasing the total number of seats.
    • Incremental implementation of MMPR system for additional seats during delimitation exercises to address population disparities while ensuring fair representation for all regions.

  • What are Cabinet Committees, and why is the CCS the most important of them all?

    Why in the News?

    After the swearing-in ceremony of PM Modi, he is set to share the four big portfolios of Home, Defence, Finance, and External Affairs with its alliance partners.

    What are the Cabinet Committees?

    • Cabinet committees in India are groups of ministers formed by the Prime Minister to handle specific tasks or issues more efficiently.
    • The PM sets up these committees with selected members of the Cabinet and assigns specific functions to these committees.
    • The PM may change the number of committees, and modify the functions assigned to them.
    • Usually, only Cabinet ministers are members of these committees. However, non-Cabinet ministers are not unheard of to be members or special invitees to committees.
    • If the PM himself is a member of any such committee, he acts as the head of that committee.

    Evolution of Cabinet Committees in India’s Governance

    • Cabinet committees operate under the Government of India Transaction of Business Rules, 1961.
    • These committees are categorized as Standing (Permanent) or Ad-Hoc (Temporary).
    • They are established based on Article 77(3) of the Constitution, allowing the President to make rules for efficient transaction of government business and allocation among ministers.
    • Membership varies from three to eight, predominantly comprising Cabinet ministers, with the Prime Minister often presiding.
    • The number, terminology, and composition may change over time.

    Note: All Cabinet Committees except the Cabinet Committee on Accommodation and the Cabinet Committee on Parliamentary Affairs are headed by the Prime Minister.

    There are 8 Cabinet committees at present — 

    1. Appointments Committee of the Cabinet (composed of the PM (ex-officio Chairman) and the Minister of Home Affairs),
    2. Cabinet Committee on Economic Affairs (headed by the PM himself),
    3. Cabinet Committee on Political Affairs (headed by the PM),
    4. Cabinet Committee on Investment and Growth,
    5. Cabinet Committee on Parliamentary Affairs,
    6. Cabinet Committee on Employment & Skill Development,
    7. Cabinet Committee on Accommodation, and
    8. Cabinet Committee on Security.
    • The Committees on Investment and Employment were innovations introduced in 2019  by the Modi government.

    About Cabinet Committee on Security

    • Head of the Committee: The Prime Minister assumes the role of the committee’s head.
    • Membership: Cabinet ministers of Finance, Defense, Home Affairs, and External Affairs serve as members.
    • Key Responsibilities: The committee addresses issues related to law and order, internal security, and foreign affairs policy with security implications, including matters concerning atomic energy.
    • Economic and Political Considerations: It also examines economic and political issues relevant to national security.
    • Financial Oversight: The CCS reviews cases involving capital defence expenditure exceeding Rs 1,000 crore.
    • Departmental Considerations: Additionally, it evaluates matters concerning the Department of Defence Production, Department of Defence Research and Development, Services Capital Acquisition plans, and procurement of security-related equipment.

    Why is CCS so important?

    • The CCS, led by the Prime Minister, includes key ministers overseeing finance, defence, home affairs, and external affairs, playing a pivotal role in national security discussions and appointments.
    • It makes major decisions regarding significant appointments, national security issues, and defence expenditure, indicating its crucial role in India’s security framework.
    • Apart from defence matters, the CCS addresses law and order, internal security, foreign policy on security issues, and matters related to atomic energy, showcasing its broad spectrum of responsibilities.

    Alliance Partners in the Cabinet Committee on Security (CCS)

    • 1996 Government Transition: A notable instance was during the 1996 H.D. Deve Gowda government, following Atal Bihari Vajpayee’s resignation as Prime Minister. Deve Gowda, then CM  of Karnataka, took office as Prime Minister on June 1. Mulayam Singh Yadav from the Samajwadi Party served as Defence Minister, P. Chidambaram, founder of the Tamil Manila Congress earlier that year, became Finance Minister, and Indrajit Gupta of CPI assumed the role of Home Minister.
    • 2001 Appointment: During Vajpayee’s tenure leading the NDA government in 2001, George Fernandes, founder of the Samata Party, was appointed Defence Minister, holding the position for three years. Notably, during his tenure as Defence Minister in Vajpayee’s second and third ministries (1998–2004), Fernandes oversaw critical events such as the Kargil War and nuclear tests at Pokhran.
    • Party Distribution: However, during the UPA government, the Congress retained all CCS positions, whereas in the Modi government, the BJP held all four positions.

    PYQ:

    [2014] The size of the cabinet should be as big as governmental work justifies and as big as the Prime Minister can manage as a team. How far the efficacy of a government then is inversely related to the size of the cabinet? Discuss.

    [2017] Out of the following statements, choose the one that brings out the principle underlying the Cabinet form of Government:

    (a) An arrangement for minimizing the criticism against the Government whose responsibilities are complex and hard to carry out to the satisfaction of all.

    (b) A mechanism for speeding up the activities of the Government whose responsibilities are increasing day by day.

    (c) A mechanism of parliamentary democracy for ensuring collective responsibility of the Government to the people.

    (d) A device for strengthening the hands of the head of the Government whose hold over the people is in a state of decline.

  • President appoints Narendra Modi as PM-Designate

    Why in the News?

    Narendra Modi will take the oath as the Prime Minister for a third consecutive term, following an invitation from President Droupadi Murmu to form the government.

    Constitutional Provisions for PM Post

    • Article 75: It states that the President shall appoint the Prime Minister, who is usually the leader of the majority party in the Lok Sabha (House of the People).
    • Article 74: The Prime Minister is the head of the Council of Ministers and provides advice to the President on matters of governance.

    Appointment of the Prime Minister

    The appointment of the Prime Minister of India involves specific constitutional provisions supervised by the President. Key features related to the appointment of the Prime Minister as mentioned in the Constitution of India include:

    • The Prime Minister is appointed permanently by the President of India.
    • The President invites the leader of the majority party in the Lok Sabha to form the government.
    • If no political party holds a majority, the President can use discretionary powers to appoint the Prime Minister.
    • The President may invite the leader of the largest party or coalition to seek a vote of confidence from the Lok Sabha, with a tenure of about a month to secure this vote.

    Position of Prime Minister in India’s Democratic set-up         

    • Head of Government: The Prime Minister is the chief executive authority in the country, responsible for leading the government and overseeing the functioning of various ministries and departments.
    • Leader of the Council of Ministers: The Prime Minister is the leader of the Council of Ministers, which comprises cabinet ministers, ministers of state, and deputy ministers. They coordinate the activities of the government and guide policy decisions.
    • Advisor to the President: While the President of India is the head of state, the Prime Minister acts as the president’s chief advisor and assists in exercising executive powers.
    • Principal Link between President and Parliament: The Prime Minister communicates the decisions of the Council of Ministers to the President and represents the government in Parliament.
    • Symbol of Unity and Stability: The Prime Minister symbolizes the unity and stability of the country’s governance. They provide leadership and direction to the nation, fostering a sense of unity and purpose among the citizens.
    • International Representation: The Prime Minister represents India on the international stage and plays a significant role in foreign policy formulation. They engage in diplomatic relations, attend international summits, and represent India’s interests globally.
    • Crisis Management: During times of crisis, such as natural disasters, security threats, or economic challenges, the Prime Minister takes charge of crisis management efforts and leads the government’s response to address the situation.

    Powers and Functions of the Prime Minister

    The Indian Constitution outlines the powers and functions of the Prime Minister, who is appointed by the President and holds significant authority over the President, Council of Ministers, and parliamentary houses. These powers include:

    • Function Relative to the President: The Prime Minister serves as the main channel of communication between the President and the Council of Ministers, overseeing the administration of Union affairs and appointing key administrative officials.
    • Functions Relative to the Council of Ministers: The Prime Minister advises on the nomination and selection of Council Ministers, can allocate and shuffle ministerial departments, and has the authority to demand resignations from ministers. The resignation of the Prime Minister leads to the dissolution of the Council of Ministers.
    • Parliamentary Functions: The Prime Minister leads the lower parliamentary house (Lok Sabha), can suggest the dissolution of the Lok Sabha, and is responsible for announcing and introducing government policies in parliamentary sessions.
    • Miscellaneous Functions: The Prime Minister holds additional roles such as chairman of the National Water Resource Council, NITI Aayog, National Integration Council, Inter-State Council, and NDA, among others.

    Appointment, Tenure, and Removal

    Eligibility: According to Articles 84 and 75 of the Constitution of India, the Prime Minister must:

    • Be a citizen of India.
    • Be a member of the Lok Sabha or the Rajya Sabha, or become a member within six months of selection.
    • Be above 25 years of age if a Lok Sabha member, or above 30 years if a Rajya Sabha member.
    • Not hold any office of profit under the government of India or any state government.

    Oaths of Office and Secrecy:

    Before entering office, the Prime Minister must take an oath of office and secrecy in the presence of the President of India, as per the Third Schedule of the Constitution.

    Tenure and Removal from Office:

    • The Prime Minister serves at the “pleasure of the President,” but must maintain the confidence of the Lok Sabha.
    • The term can end if a simple majority of Lok Sabha members no longer have confidence in the Prime Minister, known as a vote of no-confidence.
    • A Prime Minister can also resign from office. Morarji Desai was the first to do so while in office.
    • Additionally, ceasing to meet the qualifications under the Representation of the People Act, 1951, can lead to removal from office.

    PYQ:

    [2015] Consider the following statements:

    1. The Executive Power of the union of India is vested in the Prime Minister.
    2. The Prime Minister is the ex officio Chairman of the Civil Services Board.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

    [2019] Consider the following statements:

    1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
    2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • The representation of women in the incoming Lok Sabha, how it compares to previous years

    Why in the news?

    Over time, there has been a general inclination towards enhancing women’s representation in the Lok Sabha. However, the advancement has been gradual and inconsistent.

    Women in Lok Sabha 2024 (PRS data):

    • Number of Women MPs: India has elected 74 women MPs to the Lok Sabha in 2024, which is four fewer than in 2019.
    • Percentage of Representation: Women MPs make up just 13.63% of the elected strength of the Lower House.
    • Party-wise Distribution: Women MPs come from 14 different parties, with the BJP leading with 31 women MPs, followed by the Congress with 13.

    Different Demographic Observations:

    • Trend in Representation: Over the years, there has been a slow and non-linear increase in women’s representation in the Lok Sabha.
    • Historical Trends: Women’s representation started at 4.41% in 1952 and peaked at 14.36% in 2019.
    • New Faces: Out of the 74 women MPs elected, 43 are first-time MPs, indicating a higher percentage of newcomers compared to the overall House.
    • Younger Representation: The average age of women MPs is 50 years, younger than the overall House age of 56 years.

    Comparison with Other Countries:

    • International Comparison: India lags behind several countries in terms of women’s representation, with countries like South Africa, the UK, and the US having higher percentages of women MPs.
    • Global Rankings: Women make up 46% of MPs in South Africa, 35% in the UK, and 29% in the US.

    What Needs to Be Done?

    • Increase in Representation: There is a need for greater efforts to increase women’s representation in the Lok Sabha to achieve gender parity.
    • Policy Measures: Implementation of policy measures such as reserving seats for women in the Lok Sabha could help improve representation.
    • Encouraging Participation: Encouraging more women to enter politics and providing support for their political careers can contribute to greater representation.
    • Education and Awareness: Promoting education and awareness about the importance of gender equality in politics is essential for fostering a more inclusive political environment.

    Mains PYQ:

    Q What are the continued challenges for Women in India against time and space?  (UPSC IAS/2019)