18 June 2024

MAINS DAILY QUESTIONS & MODEL ANSWERS

Q1. The male domination of the ‘new and modern women’ is being done through a novel system of neo-patriarchy. What is ‘Neo-Patriarchy’ and analyze its impact on Indian society with relevant examples.

GS I – Women Empowerment

Introduction:

• Patriarchy is a complex and a mystifying institution of power and control in the society. Patriarchy signifies a male dominated structure which has a long history and has existed in every society in the world. Neopatriarchy is the new form of power and control structure which is guided by women, but supervised by men in the family. Eg: Nine-in-ten Indians agree with the notion that a wife must always obey her husband”. Indian women were only slightly less likely than Indian men to agree with this sentiment (61% versus 67%).

Modern patriarchy in India:

• Women as political leaders: As per Pew research centre report, while Indians accept women as political leaders, they mostly favour traditional gender roles in family life.
• Childcare responsibilities: Even today most burden of child care is borne by women; who even leave their jobs to become full-time moms. Traditional norms still held sway, with 34% convinced that child care “should be handled primarily by women”.
• Wage and employment: Similarly, while a “slim majority (54%) says that both men and women” should be responsible for earning money, as many as 43% believed that earning an income is mainly the obligation of men.
• Also, 80% of Indians agreed with the idea that when there are few jobs, men should have more rights to a job than women.
• This is the reason for a very low labour force participation amongst women in India (21% vs 53% global median)
• Son meta-preference: While Indians valued both sons and daughters, nearly 94% said it is very important for a family to have at least one son, with the corresponding figure for daughters being 90%.

Need of the hour:

• Behavioral Nudge: For instance, by using taxes to incentivize fairly sharing child-care responsibilities, or by encouraging women and girls to enter traditionally male-dominated sectors such as the armed forces and information technology. Eg Supreme Court in India declared that women could now hold commanding positions in Army.
• Paternity leaves for men, to share the responsibility of child rearing.
• Incentivizing companies to employ women, and reach 50% target.
• Gender Justice at Work
• Bridging the wage gap for equal work.
• Making work places safer through strong laws. India has enacted Sexual Harassment at workplaces act.
• Promote diversity and anti-bias courses for all employees.
• Comprehensive leadership training for women to excel in their fields.
• Gender sensitization: Breaking the social barriers by gender sensitization and education at families, schools and workplaces. Eg : In the NCERT Books, gender roles, bias and prejudice inducing writings were removed.
• Social security and financial literacy: Formalization of jobs should be pushed to avail benefits to many women. Until then, social security benefits should be provided to women in unorganized sector. Eg : Self Help Group-Bank Linkage Programme in India
• Embedding financial literacy in programmes where women have significant representation could be a good starting point.
• Strong laws and policies wrt equal pay for equal work, maternity benefits are needed to promote women’s representation in economy.
• Political Representation: India has provided 33% reservation for women in the Panchayats and Local Bodies. Capacity Building and training can increase their capabilities further.
• Gender equality is a human right which entitles all persons irrespective of their gender to live with dignity and with freedom. Gender equality is also a precondition for development and reducing of poverty. Gender shouldn’t be an unreasonable determining factor curbing the potential of women.

Q2. Examine, why the signs of confrontation between State Governor and the elected government have become frequent in India. How can the Governor’s role be clarified to avert such situations?

GS II – Government Policies and Interventions

Introduction:

• Article 154 of the Constitution envisages Governor as the executive chief of the state. All executive actions are taken in his name. B R Ambedkar called the office of the Governor as the “office of dignity”. He is not an agent of the Centre, but the governor’s post in an independent Constitutional office. His office is the linchpin of Indian Cooperative Federalism.
• The recent tussle between Kerala CM Pinarayi Vijayan and Governor Arif Mohammed Khan,  over several issues in recent times has once again shown the high frequency of confrontations between Governor and Chief Minister in States.

Role of the Governor:

• The Constitution thus assigns to the Governor the role of a Constitutional sentinel and that of a vital link between the Union and the State.
• The Governor, on occasions, could also play a useful role as a channel of communication between the Union and the State in regard to matters of mutual interest and responsibility
• India invented the role of state governor after Independence to act as a conduit between the ceremonial head of state (the president) and the chief minister of each state, as the president’s eyes and ears in the country’s diverse and far-flung states.
• Their duty is to be neutral guardians of the complex relationship between the federal government and state governments belonging to different political parties.
• Being the holder of an independent Constitutional office, the Governor is not a subordinate or a subservient agent of the Union Government.
• The Governor is expected to advance the cause of federalism and democracy in the contemporary constitutional landscape, which form a part of the basic structure of the constitution.
• As the distinguished constitutional expert, Nani A. Palkhivala explained it “the Constitution intended that the Governor should be the instrument to maintain the fundamental equilibrium of the people of the State and to ensure that the mandates of the Constitution are respected in the State”.
• In his speech on the constitutional role of Governors, B.R. Ambedkar described how a Governor should use his discretion not as “representative of a party” but as “the representative of the people as a whole”

Tyranny of the unelected in recent times:

• Gubernatorial powers:Misusing the powers of Governor.g.: In Maharashtra, Governor Bhagat Singh Koshyari has stalled the election of Speaker since the post fell vacant in February 2021. He had refused to accept the recommendation of the Council of Ministers on the nomination of 12 members to the Legislative Council, until the matter reached the High Court.
• Locking horns with Government:g.: West Bengal Governor Jagdeep Dhankhar has made allegations of impropriety in welfare schemes, questioned Government claims about investments in the State, and taken up the cudgels for the Opposition BJP. He has been summoning the Chief Secretary and the Director General of Police on a regular basis, and when they do not turn up, taking to Twitter and often tagging the Chief Minister.
• Governor’s appointment: Article 155says that governor should be appointed (not elected) from amongst persons of high status with eminence in public. The elected government at the state is not even consulted while making appointment of the Governors. Further successive governments have reduced this important constitutional office to a sinecure and resting place for loyal and retired / about to retired / about to retire politicians apart from docile bureaucrats.
• Appointment and dismissal of the Chief Minister: Governor appoints Chief Minister, other ministers, Advocate General, Chairmen and members of the State Public Service Commission in the state. After elections in the state, there is a convention to invite the largest party to form government in the state. This convention has been flouted many times at the whim of the governor. E.g.: The recent episode Maharashtra where Governor inducted a new government at 5:00 am without ascertaining the requisite numbers for the government.
• Reservation of Bills for Consideration of President: As per Article 200of the Constitution, the governor can reserve certain types of bills passed by the State Legislature for the President’s consideration. Centre, through the governor in case of different parties ruling, used this provision to serve partisan interests. g. In Tamil Nadu, Governor R.N. Ravi has not acted upon the T.N. Admission to Undergraduate Medical Degree Courses Bill, adopted by the Assembly in September 2021. the indefinite delay in taking a decision amounts to undermining the legislature, and is unjustifiable.
• Misuse of Article 356: Article 356is the most controversial article of the Constitution. It provides for State emergency or President’s rule in State if the President, on receipt of report from the Governor of a State. But since the SR Bommai case, this has been sparsely used.
• Removal of the Governor:Article 156 says that the governor will hold office during the pleasure of the President for five years. The governor has no security of tenure and no fixed term of office. This prevents to uphold neutrality of the governor, fearing retribution. E.g.: The mass changing of the governors of state whenever a new government comes to power at Centre.

Need for codification of powers of the Governor:

• Below committee recommendations must be codified to remove any ambiguity.
• Rajamannar Committee: Consultation of the CM must become mandatory before the appointment of the Governor.
• Punchhi Commission: The phrase “during the pleasure of the President” should be deleted from the Constitution.
• Governor should be removed only by a resolution of the state legislature.
• Qualification for the post must be laid down in Constitution while giving security of tenure. This will enable the Governor to take impartial and neutral decisions.
• Sarkaria Commission Report (1988): On appointment of Governor: –
• Governor should be an eminent person and not belong to the state where he is to be posted.
• State chief minister should have a say in the appointment of governor
• Governor should be a detached figure without intense political links or should not have taken part in politics in recent past.
• Governor should not be a member of the ruling party.
• Other recommendations: Governor must act at all times in aid and advise of CM, unless as given specifically in the Constitution.
• He or she must not overpower or assume the role of state government.
• In a federal structure, the states cannot function as vassals of the Centre. Governors are a relic of the British past and many of them have downgraded themselves to mere agents of the Centre with utter disregard to constitutional provisions, conventions, precedents and even court verdicts. It is perhaps time to take a re-look at the post of governor itself or at least codify their powers to ensure that tyranny of the unelected does not triumph over popular governments.