19 Dec 2023: UPSC Exam Comprehensive News Analysis

19 December 2023 CNA
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A. GS 1 Related

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B. GS 2 Related

Nothing here for today!!!

Category: POLITY

1. A blow for the rights of the legislature, in law-making

Syllabus: Issues and Challenges Pertaining to the Federal Structure

Mains: The Governor’s role in assenting the bill passed by the Assembly 

Context: Chief Justice D.Y. Chandrachud’s redefinition of the Governor’s power under Article 200 significantly impacts legislative processes and their execution.

Article 200 and Options Available to Governor:

• The inherent ambiguity of Article 200 led to divergent interpretations, particularly concerning the extent of the Governor’s authority in assent withholding from bills passed by the State Legislature.
• The lack of clarity raised questions: Is the Governor’s power to withhold assent absolute or discretionary?
• CJI’s Clarifications:
  • Chandrachud’s interpretation links the act of withholding assent directly to the immediate requirement of returning the bill for reconsideration.
  • This interpretation reshapes the understanding of the proviso, emphasizing that if the Governor chooses to withhold assent, prompt return of the bill for reconsideration becomes mandatory.
• Impact on Legislative Authority: This interpretation serves as a safeguard, curtailing the Governor’s unilateral authority and bolstering the legislature’s pivotal role in the law-making process.

Misuse of Governor’s Discretion:

• Instances of Governors intentionally stalling bills, resulting in significant delays in State legislatures.
• The discretionary power previously wielded by Governors led to instances of arbitrary decision-making in withholding assent.

Supreme Court Opinion:

• The Supreme Court’s stance emphasizes the need for Governors to promptly decide on Bills, disallowing undue delays.
• Upholding the significance of immediate action on Bills presented for assent, the Court underlines the importance of preserving the legislature’s authority.

Issue of State Subject:

• The Constitution indirectly references the President’s role in Article 254, stipulating that Bills on State subjects ought not to undergo the President’s assent.
• It underscores the Governor’s responsibility to ensure Bills align with constitutional principles without unilaterally resorting to Presidential scrutiny, maintaining a balance within their jurisdictional framework.

Way Forward:

• Governors are urged to refrain from forwarding Bills on State subjects for Presidential assent, preserving the integrity of the State legislative domain.
• Bills concerning concurrent subjects necessitate Presidential consideration solely in cases where conflicts with central laws arise.
• Governors should return Bills deemed unconstitutional for reconsideration, allowing courts to arbitrate legality and maintaining the sanctity of the legislative process.

Nut Graf: In a landmark judgment, Chief Justice D.Y. Chandrachud’s reinterpretation of Article 200 redefines the Governor’s power, emphasizing prompt action on bills. The Supreme Court’s stance safeguards legislative authority, curtails misuse, and clarifies the intricate interplay between state and federal considerations.

2. Grass-root democracy as a bulwark against Maoists

Syllabus: Devolution of Powers and Finances up to Local Levels and Challenges Therein

Mains: Challenges with PESA and its giving space to Maoists

Prelims: Provision of PESA

Context: 

• Tribal votes played a significant role in the Assembly elections in Chhattisgarh due to their substantial population (34% vote share).
• Maoist insurgency, primarily in Bastar, heavily affects tribal regions, influencing electoral dynamics.
• Maoist strongholds, designated as Schedule Five areas, witness low voter turnout due to violence and Maoist boycott calls during elections.

Democracy in Maoist Areas:

• Voter turnout in Maoist-affected regions like Bijapur and Konta plummeted to as low as 3% to 4%, reflecting underlying issues.
• Maoists, advocating for the people’s cause, paradoxically coerce locals to abstain from participating in the democratic process through boycotts, revealing a disconnection from their claimed objectives.
• The ‘jantana sarkar’ (parallel government) established by Maoists lacks long-term viability and faces scepticism from local tribes, yet the state hasn’t sufficiently inspired them to engage in the democratic process.

About PESA (Provisions of the Panchayats Extension to Scheduled Areas) Act:

PESA, enacted in 1996, empowers Gram Sabhas to govern socio-economic aspects within tribal communities.

• Key provisions:

• • Grants Gram Sabhas authority over local resources, land management, and social justice.
  • Recognizes tribal customary laws and cultural practices.
  • Ensures the safeguarding of community resources and prevents their exploitation.
  • Offers autonomy in planning and executing development programs at the grassroots level.
  • Directs state governments to issue policy directives for effective implementation.

Issues with PESA:

• Despite enactment, states have inadequately implemented PESA, undermining its intended empowerment of tribal communities.
• The partial execution of PESA has allowed Maoists to exploit governance gaps, reinforcing their influence through ‘jantana sarkar’ in strongholds.
• The lack of clear policy directives and half-hearted implementation have hindered PESA’s potential to empower tribes and bridge the democratic gap.

Way Forward: Nurturing Tribals

• Disillusionment among tribal electorates regarding political representation and fulfilment of constitutional rights calls for a reevaluation of strategies.
• Empowering tribal leadership and acknowledging their voices within governance structures can combat political absenteeism and address the Maoist challenge.
• The focus should shift from short-term security measures to long-term democratic empowerment that recognizes and advocates for tribal aspirations, thereby challenging the Maoists’ false claim as champions of tribal causes.

Nut Graf: In Chhattisgarh’s recent elections, low turnout in Maoist regions highlights democratic disengagement. Partial implementation of PESA amplifies tribal disillusionment. Empowering grassroots democracy, addressing tribal aspirations, and implementing PESA are vital to counter Maoist influence.

3. The hollowing out of the anti-defection law

Syllabus: Parliament and State Legislatures—Structure, Functioning, Conduct of Business

Mains: Need to amend the 10th Schedule in the backdrop of rising its misuse

Prelims: Provision of 10th Schedule

Context: Maharashtra Assembly Speaker, Rahul Narwekar, managing the winter session while dealing with disqualification petitions against Shiv Sena factions, highlights the ongoing challenge of political defections.

Provision under Anti-Defection Law:

• Enshrined in the Tenth Schedule of the Constitution, the law aims to curb floor-crossing by legislators.
• Disqualifies elected members for voluntarily switching parties or voting against party directives.
• Prior to 2003, a split in the original party where one-third moved out exempted members from disqualification.

Dodging of Anti-Defection Law:

Chinks in the Armour:

• Despite the law, political defections persist, causing the downfall of democratically elected State governments in Maharashtra, Madhya Pradesh, Manipur, Karnataka, and Arunachal Pradesh.
• Shiv Sena and NCP factions strategically used exemptions, claiming to be the original party and forging alliances to join or form ruling governments.

Splits Followed by Mergers:

• Survey reveals a trend of “splits followed by mergers,” where legislators separate, form groups, take advantage of exemptions, and then merge with other parties.
• Instances in Uttar Pradesh and Haryana show MLAs jumping ships more than once, undermining the spirit of the anti-defection law.

Merger Exception Misuse:

• Originally meant to protect principled defections, the merger provision is now misused strategically to engineer the downfall of elected governments.
• Speculations about government destabilization in Karnataka highlight the misuse of the merger exception.

Way Forward:

• The first step in addressing the shortcomings of the law involves advocating for the deletion of the merger exception from the Tenth Schedule.
• To prevent the anti-defection law from becoming a tool for political parties to disrupt democratically elected governments, there is a pressing need to rid it of its ailments.

Nut Graf: The challenges surrounding political defections in India, notably highlighted by the Maharashtra Assembly Speaker’s balancing act amid disqualification petitions, underscore the critical need for reform in the anti-defection law, marred by loopholes allowing strategic manoeuvring and government destabilization.

Q1. Consider the following statements:

Q2. Consider the following statements: 

Q3. The AHEAD consultation workshop, recently organised in India, dealt with -

Q4. Consider the following statements:

Q5. Consider the following organizations/bodies in India: