MAINS DAILY QUESTIONS & MODEL ANSWERS
Q1. Describe the state governor’s discretionary powers. Discuss the current disputes surrounding the governor’s office as well.
GS III – Government Policies and Interventions
Introduction:
- With the exception of situations in which he must act independently of the council of ministers, the governor must carry out his duties and responsibilities with their assistance and guidance.
In the following situations, the governor is granted constitutional discretion:
- a bill that is reserved for the president’s consideration.
- Proposal for the state to implement the President’s Rule.
- while carrying out his duties as the union territory’s administrator (in case of additional charge).
- calculating the royalty that the governments of Assam, Meghalaya, Tripura, and Mizoram must pay to an independent tribal district council as a result of their mineral exploitation licences.
- requesting information from the chief minister regarding state legislative and administrative issues.
The governor also has situational discretion in the following circumstances in addition to the constitutional discretion mentioned above:
- chief minister nomination in situations where there is no party with a certain majority in the state legislature assembly or when the current chief minister passes away unexpectedly and leaves no clear heir.
- dismissal of the council of ministers in the event that it is unable to demonstrate the support of the state legislature.
- dissolution of the state legislature in the event that the majority in the council of ministers is no longer present.
Issues pertaining to the governor’s office:
- Contentious actions by governors: The TN governor is accused of adding, deleting, and altering phrases in his own inauguration speech during the inaugural session of the Tamil Nadu (TN) Legislative Assembly, which caused a lot of controversy.
- Agent of the federal political party in power: The governor is viewed as the federal political party’s agent in each state, and federal governments have long utilised him to cause problems for state administrations led by opposing parties.
- Abuse of Authority as Chancellor of institutions: The Governor’s position as Chancellor of the state’s institutions is a significant one that frequently sparks debates. The vice chancellors of nine different institutions in the state of Kerala were recently asked to resign by the governor. Vice-chancellors, however, cannot be removed by the governor or chancellor.
- laws are not being passed quickly enough, according to states like Tamil Nadu, Punjab, and Kerala, who have accused governors of sitting on the laws and not returning or approving them.
- Chief minister nomination in situations where no party has a definite majority: In Maharashtra’s assembly elections, no party secured a majority. At that time, without a majority, Governor Bhagat Singh Koshiyari swore in Devendra Fadnavis of the BJP as the country’s chief minister at the crack of dawn. This prompted grave concerns over the Governor’s office.
- The latest controversies surrounding the governor’s office are needless and preventable. The majesty of the high Constitutional Office is defiled by such conflicts. In this regard, the Supreme Court’s rulings and the letter of the Constitution should be followed by the Union and State Governments. By putting different Commissions’ suggestions into practise, it will be possible to prevent future occurrences of these pointless disputes. In addition, the governors ought to behave as constitutional officers and not as political representatives. The Union-State relationship and the federal system can be strengthened by an involved but impartial Office of Governor.
Q2. Electoral Bonds Scheme has generated a great deal of controversy ever since it was introduced. Give this statement more detail.
GS II – Election related issues
Introduction:
- 2018 saw the implementation of the electoral bonds programme by the government. The idea behind these bonds was to give people and corporations a transparent and lawful way to legally contribute to political parties while also lessening the power of black money in politics.
Electoral bonds scheme features include:
- The electoral bonds are interest-free financial instruments that can be purchased by any Indian person or entity that has been incorporated in the nation.
- These bonds are offered by specific State Bank of India (SBI) branches in various denominations, ranging from Rs 1,000 to Rs 1 crore.
- Purchasing electoral bonds requires funding from a bank account exclusively.
- The bond has a 15-day expiration date, during which it can be used to donate to political parties that fit certain requirements. It does not bear the payee’s name.
- The political parties have designated bank accounts as the only way for them to pay in the election bonds they have been given.
Why has there been so much debate around the Electoral Bonds Scheme?
- Donations made anonymously: The lack of transparency surrounding the funding source is one of the primary objections levelled with electoral bonds. It is challenging to determine the source of political contributions as neither the Election Commission nor the general public is given access to the donor’s identify. Concerns about electoral bonds being used to smuggle illegal funds into the political system have arisen as a result of this opacity.
- Informational rights of citizens violated: Article 19 of the Constitution guarantees citizens the “Right to Know,” which is a subset of the right to freedom of expression. The electoral bonds jeopardise this right.
- Allows for backdoor lobbying: Over 95% of donations made with Electoral Bonds have amounts of Rs 1 crore or more, indicating that the donors are either wealthy individuals or corporations. Corporations paid political parties in power with electoral bonds in order to obtain favours for their interests.
- Finance disparity: It has also been observed that the party in power receives the majority of the funding; this imbalance has not been addressed, not even with the implementation of the electoral bond system. Furthermore, it has been seen that the majority of the donations have gone to the BJP.
- Creates opportunities for shell companies: It has been contended that since the government lifted the cap on corporate donations to political parties, which was set at 7.5 percent of annual profits, and permitted foreign corporations’ Indian subsidiaries to do the same, shell companies are now also able to contribute.
- Distinguishes between citizens and corporations: While individuals donating Rs 2000 in cash will reveal their identities, corporate donations will remain anonymous under the plan. This might also result in corporations in a democracy drowning out the voices of the people.
- The goal of introducing electoral bonds was to increase the openness of political financing in India. Nevertheless, there is still debate over them. Political parties can now accept funds through official channels thanks to electoral bonds, but issues regarding their effects on accountability and transparency have not yet received enough attention. The Supreme Court is deliberating on whether the existing electoral bonds programme permits corporations to anonymously fund political parties and whether its certification as a Finance Act was incorrect. Election money openness will be impacted by the Court’s ruling.
