18 Nov 2023: UPSC Exam Comprehensive News Analysis

B. GS 2 Related

Category: POLITY

1. Tamil Nadu government plans to ‘re-enact’ Bills as Governor R.N. Ravi withholds assent

Syllabus: Indian Constitution, Issues and challenges related to the Federal Structure

Prelims: Powers of Governor

Mains: Issues in passing bills by the Governor

Context​: The Tamil Nadu Governor has chosen to “withhold assent” for certain Bills passed by the Legislative Assembly, rather than returning them for reconsideration. This move presents a challenge for the state government, as these Bills cannot be easily “readopted” by the House. The Tamil Nadu Chief Minister is expected to address this issue in a resolution during a Special Session of the House.

Similar incidents in other states: 

• Kerala – Filed two separate petitions – Governor is seen to be undermining the rights of the people by indefinitely delaying crucial Bills addressing post-COVID public health concerns.
• Punjab – Seven of its Bills have been awaiting the Governor’s consideration since June, posing a threat to the functioning of the administration.
• West Bengal – A group of academicians, including former Vice Chancellors, recently urged the government to approach the Supreme Court regarding pending Bills with the Governor – Led to a halt in the activities of search and selection committees for 31 Universities.

Issues

• Withholding Assent Unusual: The act of withholding assent by the Governor is relatively uncommon, and its implications are significant. This move disrupts the legislative process and poses a challenge to the authority of the elected legislature.
• Bills on University Statutes: The Bills in question relate to the proposed amendment of statutes of certain State universities. The key contention involves the Chief Minister assuming the role of Chancellor, replacing the Governor in this capacity.
• Constitutional Provisions (Article 200): The Governor, under Article 200 of the Constitution, has the power to grant assent, withhold assent, reserve a Bill for consideration by the President, or return the Bill for reconsideration by the House. The unusual choice of withholding assent requires careful examination.
• Constitutional Dilemma: The withholding of assent challenges the constitutional balance between the elected legislature and the Governor’s appointed position. This raises questions about the autonomy of the state legislature.
• Governor’s Authority: The Governor’s action has the potential to limit the effectiveness of the legislative exercise, which is a product of the democratic mandate enjoyed by the elected representatives.
• Impact on Governance: The Bills, if not enacted, may have consequences for the governance structure, particularly in the context of university administration and the distribution of powers between the Chief Minister and the Governor.

What is the process of granting assent? Legislature-passed Bill to transform into law – Approval of the Governor or the President is imperative. The Constitution explicitly addresses Money Bills, deeming them to automatically possess the Governor’s assent. Bill – Approved by both Houses of the Legislature – Submitted to the Governor for approval. Article 200 – Grants the Governor the authority to choose from four options—granting assent, refraining from assent, sending the Bill back to the Legislative Assembly for reconsideration, or reserving it for the President’s consideration. Governor – Withhold assent, return the Bill ‘as soon as possible,’ requesting the Assembly to reconsider the proposed law or any specified provisions or suggest amendments. The Assembly is not obligated to accept these recommendations and can pass the Bill again in its original form. Governor is constitutionally bound to either give assent to it or reserve it for the President’s consideration. Primacy of the legislature comprising elected representatives of the people over the constitutional head of the State in the legislative exercise.

No Timeline Prescribed for Governors/President

• This loophole is often misused to delay legislation — employing a tactic known as a ‘pocket veto’.
• A time period of six months is prescribed for the State Assembly to reconsider a Bill if the President decides to refer it back to the House.
• States –
  • Tamil Nadu’s plea has urged the SC to fix a time limit by which Governors should assent or return a Bill. 
  • Kerala has also challenged a Kerala High Court ruling of November 30 last year, which declined to fix a timeline for the exercise stating that Article 200 falls under the discretionary powers of the Governor.

Can the Governor use discretionary powers to withhold assent?

• The extent to which the Governor can exercise his discretion to withhold assent to a Bill has been a subject of judicial scrutiny but there lacks an authoritative pronouncement in this regard.
• Purushothaman Nambudiri v State of Kerala (1962) – The Supreme Court – no time limit prescribed under Article 200.
• Shamsher Singh v. State of Punjab (1974) – Second provision of Article 200 (the Governor’s power to reserve Bills for the President’s consideration) that the Governor exercises discretion independent of the Council. It also highlighted that such an exercise of discretion must be made only in exceptional circumstances.
• Nabam Rebia and Bamang Felix v. Dy. Speaker (2016) – Governor exercises discretion only with regard to whether a Bill ought to be reserved for consideration of the President or not.

By when should Bills be returned to the State Assembly for reconsideration?

• The first provision of Article 200 stipulates that the Governor should send back Bills to the Assembly for reconsideration ‘as soon as possible’ — however, it is silent on what exactly this phrase means.
• Durga Pada Ghosh v. State of West Bengal (1972) – The Supreme Court interpreted the phrase to mean “as early as practicable without avoidable delay”. 
• 1988 Sarkaria Commission report on Centre-State relations – prior consultation with the Governor at the stage of the drafting of the Bill itself, and by prescribing time limits for its disposal.
• The National Commission to Review the Working of the Constitution set up in 2000 –
  • 6 months – To give assent or to reserve a Bill for consideration of the President.
  • 3 months – Bill is reserved for the consideration of the President

Is judicial review permissible?

• Article 361 – prohibits courts from initiating proceedings against a Governor or the President for any act done in the exercise of their powers.
• Article 361(1) – Does not take away the power of the Court to examine the validity of the action including on the ground of mala fides.
• The Supreme Court in the Nabam Rebia case expressed the view that the Governor’s discretionary powers to withhold assent are subject to judicial review.

Solutions

• Legal Challenge: Given the unusual nature of withholding assent, the State government may consider challenging this action in the Supreme Court. Legal experts could explore the constitutional validity of such a move.
• Legislative Response: While challenging, a legislative response may be explored to express disagreement with the Governor’s decision, although this might be limited in its effectiveness.
• Dialogue and Explanation: The Chief Minister could use the Special Session to provide a comprehensive explanation of the government’s reasoning behind the Bills. Open communication might help bridge the gap between the executive and the Governor.

Conclusion: The Governor’s decision to withhold assent to the Bills presents a constitutional challenge for the Tamil Nadu government. The resolution to be moved by the Chief Minister during the Special Session could be a critical step in addressing this issue. 

Nut Graf: The potential legal and constitutional implications of a state governor withholding assent to bills necessitate careful consideration and, possibly, intervention by the judiciary to uphold the principles of democratic governance.

E. Editorials

Category: INTERNATIONAL RELATIONS

1. Building the Floor

Syllabus: GS-2, Effect of policies and politics of developed and developing countries on India’s interests.

Mains: Impact of US-China relations on India

Context:​ The recent summit meeting between U.S. President Joe Biden and Chinese President Xi Jinping in San Francisco, despite unlikely to resolve major differences, has shown promise in stabilizing the rocky relationship between the two global powers. 

• The move to establish a floor in their relationship, along with concrete agreements, holds valuable lessons for India, especially as it grapples with its own challenges in the India-China relationship.
• Attended Asia-Pacific Economic Cooperation (APEC).

Background

• The “Spy balloon” incident shattered the Bali Consensus.
• The US military’s act of bringing down a Chinese surveillance balloon shows profound mistrust.
  • “Spy balloon” – Consists of lightweight balloons filled with gas, typically helium, and are equipped with spying equipment like a long-range camera.
  • Launched from the ground (60,000ft to 150,000ft).
  • Once airborne, they navigate using a combination of air currents and pressurized air pockets.

Issues

• Complex U.S.-China Relations: The U.S.-China summit aimed at stabilizing their relationship, marked by numerous tensions and concerns. While concrete agreements were reached, fundamental differences persist, including the question of whether they are adversaries or partners.
• Potential Disruptive Events: The stability achieved in the summit faces challenges with potential disruptive events on the horizon. Taiwan’s elections in January pose a risk of escalating tensions, and the U.S. heading into election mode in 2024 brings the threat of heated rhetoric on China, undermining the stability achieved.
• Divergent Views on Future Relations: The U.S. and China differ in their outlook on the future of their relations. President Xi criticizes the U.S. framing of the relationship as competitive, advocating against “misinformed policy making” and asking to avoid crossing lines. President Biden acknowledges competition but stresses responsible management.

Stand of China

• Two countries can’t afford to turn their backs on each other.
• He also declared in San Francisco that the world is “big enough for both China and the US”.
• No intention to replace the US as the dominant power in the world.

Taiwan Issue

• No sign of any major breakthrough in this regional security dialogue.
• China sees it as the “most sensitive issue” in bilateral relations.
• China wants the US to stop supporting “Taiwan’s independence”
• The US wants China to renounce the use of force to unite Taiwan with the People’s Republic.

Stand of the USA

• Major geopolitical gains in Asia – Stronger bilateral alliances with Japan, Korea, and Australia. Creation of a trilateral strategic framework with Tokyo and Seoul.
• Revitalised alliance with the Philippines. New strategic partnerships with India and Vietnam.
• Participation in QUAD – Elevation from FORUM to the SUMMIT level and created a new forum called AUKUS.
• Faces major crises in Europe – West (struggling to reverse the Russian invasion of Ukraine) and Middle East (war in Gaza).
• Engaging China and keeping the relationship reasonably stable is likely to remain a major objective for the US in the days ahead.

Impact Upon India

• Influence on Indo-Pacific Strategy: The summit has a bearing on India’s approach in the Indo-Pacific, given the involvement of two key players, the US and China. The discourse has the potential to reshape the power dynamics and alliances in the region, thereby affecting India’s strategic positioning.
• Hold significance for India’s security strategies: Monitoring these talks is crucial for shaping India’s own security policies.
• Economic Ramifications for India: Xi Jinping’s efforts to reengage with US businesses may pose a challenge to India’s endeavours to attract Western investment. India must enhance its economic attractiveness to remain a viable alternative to China for Western businesses.
• Enhancing Relations with the US and China: Improved ties between the US and China would facilitate a more balanced approach for India. It opens the door for enhanced relations with both nations while preserving strategic autonomy.

APEC – Asia-Pacific Economic Cooperation Established in 1989. A regional economic forum. Aim – To promote regional economic integration and greater prosperity in the Asia-Pacific region. 21 member economies, termed “economies” due to their focus on trade and economic matters. Australia, Brunei, New Zealand, Papua New Guinea, Hong Kong (as part of China), the Philippines, Indonesia, Malaysia, Vietnam, Singapore, Thailand, Chinese Taipei (Taiwan), China, Japan, South Korea, Russia, Canada, the United States, Mexico, Peru, and Chile. Read more on Asia-Pacific Economic Cooperation.

Key Discussions in APEC

• Regulation of AI
• Regional security issues
• High-level political and military communication channels were agreed to be renewed
• Focused on managing their competition rather than forming a strategic partnership
• Crises in the Middle East and the Ukraine war. 
• Climate Change
  • Climate Agreement: Global climate discussions in Dubai.
  • Objective: Tripling global renewable energy capacity by 2030 and transition away from coal, oil, and gas.
  • Mitigation of Methane Emissions: Reduction targets for methane emissions.
  • Constructive Outlook: Notable advancement in collaboration between the world’s top two contributors to pollution.

Significance

• Lessons for India-China Relations: The U.S.-China summit offers valuable lessons for India as it grapples with the India-China relationship, particularly along the Line of Actual Control. The importance of high-level engagement and open channels to prevent competition from escalating into conflict is crucial.
• Building a Floor in Diplomacy: The concept of establishing a floor in the relationship, as witnessed in the U.S.-China summit, emphasizes the importance of laying a foundation for stability. This becomes essential when major powers’ ties are at risk of free fall.
• Dialogue as a Preventive Measure: The realization by both the U.S. and China that high-level engagement and open channels are essential in preventing competition from sliding into conflict serves as a key takeaway. Dialogue, without being construed as a concession, can be a preventive measure.

Nut Graf: The U.S.-China summit provides valuable insights for India as it navigates its relationship with China. As India faces challenges along the Line of Actual Control, implementing these strategies can contribute to stability and prevent the escalation of tensions into conflicts.

H. UPSC Prelims Practice Questions

Q1. Which of the following provides an exception to the general rule on residence 
requirements for jobs in a particular state?

1. Article 14 of the Constitution
2. Article 15 of the Constitution
3. Article 16(3) of the Constitution
4. Article 15(3) of the Constitution

CHECK ANSWERS:-

Answer: c

Explanation: Article 16(3) allows Parliament to prescribe a requirement of residence for jobs in a particular state, providing an exception to the general rule.

Q2. Consider the following statements regarding the process of counting the 
votes in an Assembly election in India:

1. Returning Officer is the final authority in the matter of vote counting in an Assembly constituency.
2. Candidates and their representatives are permitted in the counting room.

Which of the statements given above is/are incorrect?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

CHECK ANSWERS:-

Answer: d

Explanation: Both statements are correct. Candidates contesting in the elections are allowed in the counting room along with their representatives. 

Q3. Consider the following countries:

1. Hong Kong
2. Russia
3. India
4. United States
5. China
6. Canada

How many of the countries mentioned above are members of the Asia-Pacific Economic Cooperation (APEC)?

1. Only two  
2. Only three  
3. Only four  
4. Only five

CHECK ANSWERS:-

Answer: d

Explanation: APEC is an intergovernmental forum for 21 member economies that promotes free trade throughout the Asia-Pacific region. India is not a member of APEC.

Q4. With reference to Deepfakes, which of the following statements is/are correct?

1. Deepfakes are synthetic media created using generative adversarial networks (GANs) to manipulate visual and audio content.
2. It requires data collected without consent from the internet or social media.

Select the correct answer using the code given below:

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

CHECK ANSWERS:-

Answer: c

Explanation: Both statements are correct. Deepfakes use GANs and may utilize data collected without consent.

Q5. What was the theme of the 2022 United Nations Climate Change Conference 
(COP27)?

1. Climate Action Now
2. Building Resilience Together
3. Together for Implementation
4. Sustainable Futures

CHECK ANSWERS:-

Answer: c

Explanation: COP27, held in Sharm el-Sheikh, Egypt in 2022, had the theme “Together for Implementation.”