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Subject: Polity

  • 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)

  • [6th June 2024] The Hindu Op-ed: The roads to India’s re-democratisation, the challenge

    [6th June 2024] The Hindu Op-ed: The roads to India’s re-democratisation, the challenge

    PYQ Relevance:

    Q To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots? (UPSC IAS/2022)

    Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer.(UPSC IAS/2020)

    Mentor’s comment: The 18th Indian general election signals a potential end to a cycle despite no change in power. The Bharatiya Janata Party’s loss of majority could catalyze a re-democratization process. Over a decade, India witnessed political and economic power concentrating, sidelining institutions and exacerbating inequalities. A shift in power dynamics and narratives may lead to significant changes, but their realization remains uncertain.

    Let’s learn

    Why in the news?

    The election’s conclusion may signal a transition, yet the revival of India’s democracy rests on the involvement of pivotal actors, such as civil society.

    10 Years of Modi Government: A Critical Analysis 

    • Concentration of Power: For 10 years, India has experienced de-democratisation, with political and economic power concentrated in a few hands.
    • Bypassing Institutions: Top state officials made decisions, bypassing Parliament and federalism.
    • Economic Dominance: A few business cronies accessed resources and dominated the economy.
    • Increasing Inequalities: Inequalities increased, but the poor supported a pro-rich government due to identity politics and communal polarisation, overshadowing social issues.

    Expected Changes

    • Power Dynamics: Significant changes are anticipated in power dynamics and narratives due to the new balance of power.
    • Partial Realization: However, these changes might not fully materialize.

    No Shift, But a Tilt

    • Dominant Party: The BJP remains the dominant party, though Narendra Modi must now engage in coalition politics.
    • Institutional Empowerment: The weakening of Modi’s authority may empower institutions, including the Election Commission of India, the judiciary, and the media, to resist the government’s use of restrictive laws.
    • Revitalised Federalism: Federalism might be revitalised due to the need for support from state parties like the Telugu Desam Party (TDP) and Janata Dal (United) (JD(U)).

    Narrative Shifts

    • Counter to National-Populism: Mr. Modi’s national-populist claim of embodying the nation might be countered by an agenda prioritising social equality.
    • Social Justice Focus: The Congress, Samajwadi Party, Rashtriya Janata Dal, and others are mobilising supporters on social issues, including the caste census, to promote social justice.
    • Opposition’s Rise to Popularity: Rahul Gandhi’s Bharat Jodo Yatra and Bharat Jodo Nyay Yatra have made him a popular leader, defending the Constitution and building a coalition of parties under the INDIA bloc.

    Different Scenarios within the NDA Alliance

    • Bihar’s Caste Census: Nitish Kumar might push the National Democratic Alliance to emulate Bihar’s caste census initiative.
    • Coalition Politics: The TDP, JD(U), and others may promote their agendas, leading to different scenarios:
    • Modus Vivendi: A modus vivendi based on concessions from the Modi government to accommodate demands from TDP, JD(U), and others.
    • Worst-Case Scenario: A worst-case scenario where TDP and JD(U) make demands affecting BJP’s power-sharing or support base, possibly shifting alliances and causing the government to fall.

    Potential Crisis

    • Scenario Development: The second scenario might unfold over months or years, especially if the Modi government weakens due to electoral setbacks.
    • Opposition Unity: The Opposition might solidify its unity, mobilize in the streets, and recruit more partners. Mayawati might revive the Bahujan Samaj Party in the new political context.

    Future of the Ruling Alliance

    • Coalition Management: Modi may struggle to keep the NDA together if partners demand too much or if he fails to manage coalition tensions.
    • Leadership Change: The Sangh Parivar might replace Modi with someone like Nitin Gadkari, supported by the Rashtriya Swayamsevak Sangh (RSS).
    • Resistance to Power Loss: Modi and Amit Shah are unlikely to relinquish power easily, using various techniques to maintain their positions.

    Role of Civil Society

    • Crucial Role: Civil society will play a crucial role in rejuvenating India’s democracy.
    • Beyond State-Level Change: A mere change of guard at the state level won’t suffice for re-democratisation or countering the dense network of RSS-related vigilantes.

    Way Forward

    • Strengthening Institutions: It’s crucial to bolster democratic institutions like the judiciary, Election Commission, and media to ensure checks and balances.
    • Promoting Federalism: Federalism should be revitalized by empowering state governments and ensuring equitable distribution of resources.
    • Inclusive Politics: Political parties must prioritize inclusive policies addressing social and economic inequalities, fostering unity beyond identity politics.
    • Civil Society Engagement: Encourage active participation of civil society in monitoring government actions, advocating for transparency, and promoting accountability.
    • Legal Reforms: Implement legal reforms to safeguard democratic processes and protect civil liberties, ensuring fair and transparent elections.
    • Coalition Dynamics: Effective management of coalition dynamics is essential to maintain stability and address regional aspirations within a federal framework.

    Conclusion

    • India’s democratic resilience will be tested in the coming years as it navigates the challenges of coalition politics, institutional empowerment, and societal inclusiveness.  
    • The interplay between political centralisation and resistance will shape the future path of India’s democracy, emphasizing the need for continuous engagement, reform, and accountability.

  • Two lakh plus NOTA votes in Indore: Why NOTA was introduced, its consequences

    Why in the news? 

    Over 200,000 votes were cast for NOTA in the Indore Lok Sabha constituency. Let’s explore the reasons behind the introduction of this option and what occurs if, in an improbable scenario, NOTA garners more votes than all other candidates.

    Back2Basics: NOTA in Indian Elections

    • NOTA, which stands for None of The Above, is an electoral choice where voters can express their disapproval of all the candidates in a voting system.
    • In the 2013 PUCL v. Union of India case, the Supreme Court mandated the use of NOTA in direct elections for the Lok Sabha and State Assemblies.
    • The ruling specified that in such elections, voters should have the option to select to indicate their dissatisfaction with all candidates or political parties listed on the ballot.
    • The NOTA option was first used in the 2013 legislative assembly elections held in four states—Chhattisgarh, Mizoram, Rajasthan, and Madhya Pradesh, and the union territory of Delhi.

    Impact of NOTA Receiving the Highest Number of Votes in a Particular Constituency

    1. Legal Consequence:

    • Current Status: NOTA has no legal consequence; the candidate with the highest votes after NOTA wins the election.
    • Indore Case: Shankar Lalwani won with a massive margin over NOTA, which received the highest number of votes ever recorded for NOTA in any constituency.
    • Possible Change: There are ongoing discussions and petitions urging that elections be declared null and void if NOTA receives the highest number of votes.

    2. Future Considerations:

    • Petition by Shiv Khera: Calls for the ECI to frame guidelines to declare elections null and void if NOTA receives the majority vote and to debar candidates who receive fewer votes than NOTA for five years.

    Judicial Stand

    • 2013 Judgment: The Supreme Court ruled that the right to secrecy in voting includes those who choose not to vote, mandating the introduction of the NOTA option.
    • Rationale: The Court emphasised that secrecy is an essential feature of free and fair elections, supported by the introduction of EVMs to maintain voter anonymity.

    Current Deliberations:

    • New Petition (2024): The Supreme Court is considering a petition to make elections null and void if NOTA gets the highest votes, with additional consequences for candidates.
    • State-Level Precedents: Some states and union territories (e.g., Maharashtra, Haryana, Delhi) have declared NOTA as a “Fictional Electoral Candidate” for local elections, mandating fresh elections if NOTA receives the majority vote.

    Way forward:

    • Null and Void Clause: Introduce a clause in the Representation of the People Act to declare elections null and void if NOTA receives the highest number of votes.
    • Debarment of Candidates: Amend the law to debar candidates who receive fewer votes than NOTA from contesting elections for a specified period (e.g., five years).

    Mains PYQ:

    Q Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void? What remedy is available to the aggrieved party against the decision? Refer to the case laws. (UPSC IAS/2022)

  • [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    [5th June 2024] The Hindu Op-ed: Election results 2024: How India read the election, how the BJP reads the result

    PYQ Relevance:

    Q “While the national political parties in India favour centralisation, the regional parties are in favour of State autonomy.” Comment. (UPSC IAS/2022)

    Q “The Indian party system is passing through a phase of transition which looks to be full of contradictions and paradoxes.” Discuss. (UPSC IAS/2016)

    Mentor’s Comment: The 2024 Indian general elections have been marked by significant political dynamics and raised critical concerns about democratic erosion. The ruling Bharatiya Janata Party (BJP), which once propagated the slogan ‘aayega toh Modi hi’ (in the end, Modi will come), shifted its narrative to ‘Abki baar 400 paar’ (this time, more than 400 seats). This shift symbolized not just an ambition for electoral victory but an assertion of near-total control, which has prompted widespread anxieties about the health of India’s democracy.

    Let’s Learn–

    Why in the news?

    The concerns of the average voter shaped the 2024 election, and how the BJP responds to these concerns will be crucial.

    Crossing the Red Line: Democratic Erosion

    • Constructed Democratic Legitimacy: For years, the BJP has defended itself against accusations of democratic erosion by pointing to its electoral success. However, democratic legitimacy extends beyond merely winning elections, it hinges on conducting fair elections. 
    • Contentious Actions: In the run-up to the 2024 elections:
      • Two Opposition Chief Ministers were jailed.
      • Many Opposition leaders faced investigations or tax probes.
      • The Election Commission of India (ECI) appeared partisan, not censuring the Prime Minister for violations of the Model Code of Conduct.
      • Traditional media often ignored Opposition campaigns and concerns.
    • Perception of Elections: This created a perception that elections were a foregone conclusion and performative.
    Equal Opportunity: Democratic Theories invoked

    • Robert Dahl’s View: Political theorist Robert Dahl emphasized the necessity for citizens to choose among all political actors and parties on equal footing. Equality of opportunity for all viewpoints is essential but often hard to measure.

    • Adam Przeworski’s Minimal Condition: Adam Przeworski noted that a minimal condition of democracy is plausible political alternation, where the ruling party occasionally loses.

    Voter Anxieties and Democratic Legitimacy

    • Systemic Failures: Voters across India expressed concerns about systemic coercion and manipulation of institutions by the ruling party. In Uttar Pradesh, Dalit communities feared constitutional changes. In southern states, there were anxieties about the federal structure and linguistic identities. These issues reflect a broader sentiment of institutional overreach by the BJP.
    • Media Control and Alternative Narratives: Traditional media’s reluctance to cover opposition campaigns led many voters to seek alternative narratives on social media. The overarching fear of a ‘tanaasahi’ (dictatorship) underscored the public’s discomfort with the BJP’s unbridled use of power.

    Electoral Dynamics and Opposition Strategy

    • Harnessing Voter Discontent: Despite the BJP’s dominance, the opposition effectively harnessed voter discontent. The campaign against electronic voting machine (EVM) manipulation, regardless of its factual basis, gained traction in rural areas, highlighting a significant mistrust in the electoral process.
    • The Battle for the Constitution: The opposition framed the election as a battle for the Constitution, resonating with voters concerned about democratic erosion. This narrative forced the BJP to reassure the electorate about not changing the Constitution, indicating that bottom-up feedback mechanisms were still influential.

    Implications for Governance and Democratic Accountability

    • The Role of Protests: Protests like those against the Citizenship (Amendment) Act and the farmers’ movement indicated a shift in how citizens exert democratic pressure. These movements succeeded outside formal political processes, demonstrating the erosion of traditional democratic institutions’ legitimacy.
    • The Path Forward: The BJP remains the largest party and is likely to form the government again. The critical question is whether it will continue its path of political centralization or heed the limits set by the electorate. Ignoring these limits could lead to new forms of resistance outside traditional democratic institutions.

    Conclusion: The 2024 elections have underscored the complexities of democratic erosion in India. Addressing these challenges requires reinforcing fair electoral processes and ensuring equitable opportunities for all political actors. The interplay between political centralization and citizen resistance will shape the future of India’s democratic trajectory, demanding a nuanced approach to governance that respects democratic principles and public accountability.

  • The verdict points to the importance of economic issues

    Why in the news?

    The outcome of the Lok Sabha elections surprised those who had relied on the flawed exit polls.

    The visible message from the general elections of 2024 emphasized two main points:

    • Revival of Federalism: The elections underscored the importance of revitalizing federalism, moving away from the centralized control that had characterized the previous decade. It highlighted the need for state governments to have more autonomy and the ability to deliver public services without excessive interference from the central government.
    • Constructive and Inclusive Political Approach: The results indicated that political parties need to adopt a more constructive and inclusive approach to nation-building. This includes a stronger focus on social justice, addressing economic issues such as unemployment and low wages, and ensuring that policies cater to the needs and rights of various segments of the population, including youth, women, farmers, and workers. The electorate showed a preference for parties that prioritize livelihood and employment issues along with social justice.

    Need to revive the Federalism

    • Decentralization of Power: Federalism ensures a more balanced distribution of power between the central and state governments. This decentralization allows states to manage their affairs more effectively, tailoring policies and programs to their specific needs and circumstances.
    • Enhanced Public Service Delivery: State governments are primarily responsible for delivering essential public services such as health, education, and infrastructure. A revived federalism would enable states to perform these functions without undue interference from the central government, leading to more efficient and responsive governance.
    • Cultural and Regional Autonomy: India is a diverse country with varied cultural, linguistic, and regional identities. Federalism respects and accommodates this diversity by allowing states to preserve and promote their unique identities and traditions within the framework of a united nation.

    Political Parties need to be more constructive, and inclusive in their approach to nation-building

    • Addressing Economic Challenges: Parties must focus on pressing economic issues such as unemployment, low wages, and the rising cost of living. Constructive policies that create jobs, support small businesses, and address economic disparities are crucial for national progress.
    • Social Justice and Inclusion: Inclusivity involves addressing the needs and rights of marginalized and disadvantaged groups. This includes ensuring social justice for various castes, genders, and socio-economic backgrounds. Emphasizing social justice can help reduce inequality and promote a more cohesive society.
    • Responsive to Public Needs: Political parties need to listen to and address the genuine needs and concerns of the populace. This involves creating policies that reflect the realities faced by people in different regions and socio-economic conditions.

    Conclusion: The 2024 Lok Sabha elections underscored the need for revitalized federalism and a constructive, inclusive political approach focused on economic issues and social justice to address diverse public needs effectively.

    Mains PYQ 

    Q How far do you think cooperation, competition and confrontation have shaped the nature of federation in India? Cite some recent examples to validate your answer. (UPSC IAS/2020)

  • [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    [4th June 2024] The Hindu Op-ed: Property is real, and so should the ‘compensation’

    Mains PYQ Relevance: 

    Q) Starting from inventing the ‘basic structure’ doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (UPSC IAS/2014)

    Q) The Supreme Court of India keeps a check on the arbitrary power of the Parliament in amending the Constitution. Discuss critically. (UPSC IAS/2013)

    Note4Students: 

    Prelims:  Article 300-A;

    Mains: The decision of the Supreme Court in Kolkata Municipal Corporation;

    Mentor comments: A frequently cited maxim regarding property rights is that of President John Adams, who stated, “Property is surely a right of mankind as real as liberty.” This notion of property as a fundamental right has undergone significant developments in the post-colonial era, with the right to property being fiercely contested between courts and the legislature.

    Let’s learn

    —

    Why in the News?

    The recent Supreme Court decision in “Kolkata Municipal Corporation & Anr. v. Bimal Kumar Shah & Ors” has clarified that Article 300-A of the Indian Constitution, which guarantees that no person shall be deprived of their property except by authority of law, encompasses seven essential procedural sub-rights that must be protected during land acquisition.

    Background 

    • Origin: The genesis of the power struggle over the right to property in India dates back to the case of Bela Banerjee, which involved the interpretation of Articles 19(1)(f) and 31(2) of the Constitution before the amendment. The Supreme Court held that the word “compensation” in Article 31(2) implied a just equivalent of what the owner had been deprived of. To undo this interpretation, the Constitution (Fourth) Amendment was passed in 1955, amending Article 31(2) to explicitly state that courts could not question the adequacy of compensation.
    • Substituting the word “compensation” with “amount,”: they held that although the final compensation was non-justiciable, the principles fixed by the legislature to determine such compensation were open to scrutiny. Parliament realised that the word “compensation” in Article 31(2) was the source of the problem. The Constitution (Twenty-Fifth) Amendment Act, 1971, substituted the word “compensation” with “amount,” effectively keeping the courts from interpreting the adequacy of such “amount” through judicial review.
    • Supreme Court response: The validity of the Constitution (Twenty-Fifth) Amendment Act, 1971, was upheld in Kesavananda Bharati, but the Supreme Court watered down the intended effect of the amended Article 31(2) through an interpretive process. The majority in Kesavananda Bharati held that though the adequacy of the amount paid was not justiciable, the courts could still examine whether the principles fixed for determining such compensation were relevant, effectively reinstating what Justice Shah had said in the Bank Nationalisation Case. After this decision, Parliament was convinced that the Right to Property remained a thorn in the goal of achieving a socialist state, as it was seen as a citadel of the bourgeoisie.

    Major changes:

    • Constitution (44th Amendment) Act, 1978: The Janata Party, which came to power after the 1977 general election, passed the Constitution (44th Amendment) Act, 1978. This amendment deleted Article 19(1)(f) and Article 31 from Part III of the Constitution and rehabilitated the right to property as a constitutional right under Article 300-A.
    • Right to property is not absolute: Article 300-A states that “no person shall be deprived of his property save by authority of law.” This provision emphasizes that the property right is not absolute and can be regulated by law.
    • Impact on the Right to Property: The deletion of Article 19(1)(f) and Article 31 led to a significant change in the Right to Property. The Right to Property was no longer a fundamental right, but a constitutional right that could be regulated by law.
    The arguments in the favour of Right to property

    Justice K.K. Mathew’s Observation: Justice K.K. Mathew, a dissenting judge in Kesavananda Bharati, believed that the right to own and acquire property was a fundamental right and should not have been excluded from the basic features of the Constitution.

    Professor P.K. Tripathi’s Views: Professor P.K. Tripathi argued that the deletion of Article 31 was a mistake and that the Right to Property was still protected by Article 300-A. He believed that “compensation” in Article 300-A meant the market value of the property at the time of acquisition.

    Supreme Court Interpretations: The Supreme Court has held that the Right to Property is not only a constitutional right but also a human right. In cases like M.C. Mehta and B.K. Ravichandra, the Court emphasized that laws depriving individuals of their property must be just, fair, and reasonable and that Article 300-A’s guarantee cannot be read down

    The recent decision of the Supreme Court in Kolkata Municipal Corporation has fleshed out seven different facets which are protected under Article 300-A-

    Seven Facets Protected:

    1. The right to notice
    2. The right to be heard
    3. The right to a reasoned decision
    4. The duty to acquire only for public purpose
    5. The right of restitution or fair compensation
    6. The right to an efficient and expeditious process
    7. The right of conclusion
    • Right to Restitution or Fair Compensation: The Supreme Court has reiterated that a person deprived of land by the state in the exercise of its power of eminent domain is entitled to be paid compensation which is just and reasonable.
    • Position in the Bela Banerjee Case: The Court has judicially affirmed the position prevailing when the unamended Article 31 was in force, and the interpretation expounded in the Bela Banerjee case on the aspect of payment of compensation.
    • Protection of Property: The decision in Kolkata Municipal Corporation vindicates the prophetic words of Prof. P.K. Tripathi, that in enacting the Forty-Fourth Amendment and deleting Articles 19(1)(f) and 31, Parliament has unwittingly given the property of a citizen the kind of protection it has never enjoyed before either in British or in independent India

    Way forward:

    • Ensure that the acquisition process is transparent and follows the prescribed procedures outlined in the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 
    • Ensure that the procedures are documented and easily accessible to all stakeholders.