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GS IV – EHICS –
“We can easily forgive a child who is afraid of the dark; the real tragedy of life is when men are afraid of the light”. 150 words
Darkness mentioned here is the ignorance or lack of knowledge.
Child here is the weaker sections also including socioeconomic groups, physically challenged.
The light here is the truth, reality and the present, receptive the feedback, suggestions and ability to face criticism.
Being away from reality or truth, Knowing the reality and truth and neglecting it, hiding the reality about self, living the life as narcissistic personality etc not taking responsibility for failure are the situations where we can say the men are afraid of the dark.
Q. 1. HIGHLIGHT THE CHANGING DIMENSIONS OF OFFICE OF GOVERNOR IN INDIAN POLITICS (250 WORDS)
Q. 2. WHAT ARE THE BEST POSSIBLE WAY FORWARDS FOR THE OFFICE OF GOVERNOR, UNDER THE EXISTING CONSTITUTIONAL SCHEMES? (250 WORDS)
WRITE ANSWERS IN COMMENT BOX.
Q. 1. HIGHLIGHT THE CHANGING DIMENSIONS OF OFFICE OF GOVERNOR IN INDIAN POLITICS (250 WORDS)
A) Under article 143 of COI governor is appointed by president under his hand and seal. As envisaged by the constituent assembly under the pretext of prevailing conditions then, the ofice of governor was proposed as pivot of center-state relation and a keystone for keeping integration of our nation.
Over the years the nature of office of governor has changed drasticallly, up until the end of nehruvian period i.e.upto 1967 thier was not much tusselle betwee union and state as single party was ruling over whole nation. Contentious issues cropped up when other parties started assuming power at state level.
Majorly uptill 1990’s govrnor’s office was used to hamstring working of state governments and the tool of art 356 was used to declare state emergency and overthrow the government very frequently contrary to what Mr.B.R.Ambedkar once declared that art 356 will be a dead letter.
Post 1990 by the virtue of judicial activism supreme court has time and again stated that the powers off governor are not arbitary but are bound by the aid and adivce of council of ministers. Also as stated by SC consonance of chief minister has to be taken before appointing the governor of states.
Due to such judgments and because of the continuing coalition era at center the office of governor had to work at the whims and wishes of poolitical party at helm of either state up until 2010.
Post 2010, rise of single party rule at center and weaking of state level parties once again caused the govenor to work as regent of center. Currently a continuous tussel can be seen between SC and union government over the role of governor’s office.
That’s a fabulous answer Kaushik. Still there is ample scope of quoting your own opinion & analysis here. Our institution of governor has deep impact of colonial regime & its precedence of provincial governors. During the Nehruvian era two influences were affecting the office of the governor, 1) Leadership of PM & 2) Persons appointed as Governor. The institution of governor was acting as all-pervading moral influence on the state administration. According to Granville Austin, appointment of governors during the Nehru years had been less controversial due to, higher calibre of individual selected, harmonious conditions of centre-state relations and the stature of chief ministers. It remained a highly dignified office during the era of Nehru. Governor was a lesser agent of the centre and a facilitator at
larger degree. During the post Nehruvian era, post of the governor became the position of reward for loyals to the party. Even during the Nehruvian period. A survey made by sarkaria commission shown that from 1947 to 1984 more than 60% of the governors had taken active parts in politics. After Nehruvian era, appointments of Governor witnessed deviation from retired politicians to civil servants, who are considered as favourite boys of central government. According to Nath Pai, the office of the governor was degraded by the centre by making it a patronage & reward.
Governor’s office witnessed power based upheavals during the period of emergency. The era of 1967 onwards, witnessed the emergence of regional parties at states & that was considered as end of the one party rule at the states. It generated needs of different role of the office of Governor. The Rajamannar committee appointed by the DMK govt in September 1969 suggested that a body of eminent jurists, lawyers & experienced administrators should be setup to select a governor.
The increasing centralising tendencies at the central govt affected the course of appointment and functioning of the governors office. The use of the power under article 356 became a frequent matter. The phase after 1984 is seen as the strengthening of higher bureaucracy. It provided base of strong bureaucracy to the office of governor.
The Supreme Court verdict in S.R. Bommai vs Union of India in 1994 was a landmark judgment that limited the constitutional power of the Central government to dismiss State governments.
The nine-judge bench asserted that the only way to assess the strength of the State government was the floor test and it was not a matter of private opinion either of the Governor or the President. The bench declared that the imposition of Emergency under Art 356 was justified only in the event of breakdown of the constitutional (& not administrative) machinery and the event that the proclamation was not immune to judicial review. The Era of globalization initiated the the phase of competitive federalism. The era is also marked by the emergence of coalition governments at the centre. Governor had to use her discretionary power to appoint the CM more frequently. With the establishment of majority government in 2014, the office of governor started to act like the “agent of the centre”. Its reflection can be seen in the power struggle between the govt. of Delhi & LG. The five-judge bench of the Supreme Court in its judgment in Government of Delhi vs Union of India stated that the elected representative was the real executive & that the L.G. must act as per the “aid and advice” of the elected government except in matters of land, police and public order. The judgment clarified the Constitutional status of the L.G. as an administrator in the limited sense, who should act in the spirit of the constitutional trust and morality. In 2016, a five-judge constitution Bench of the Supreme Court dealt with the powers of the Governor, particularly with reference to summoning an Assembly session, it reiterated that “the functions, duties and powers of the Governor by or under the Constitution are ‘cabined, cribbed, confined”.
2016 Supreme Court judgment that a Governor “cannot have an overriding authority, over the representatives of the people, who constitute… the state legislature… and/or even the executive government functioning under the council of ministers with the Chief Minister as the head”. Delhi was given a fully elected legislative assembly and a responsible government through 69th Amendment Act, 1991. Article 239AA was added to Part VIII of the constitution which contains general provisions relating to the administration of Union territories. It explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G. The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.
In the Government of NCT of Delhi vs. Union of India (2018), apex court reminds that, State government that it should remember that Delhi is a special category Union Territory and lays down the parameters to enabling the harmonious functioning of the government and the Lt. Governor. National Capital Territory of Delhi (Amendment) Bill,2021,explicitly clear that the term “government” in any law made by the Legislative Assembly shall mean the L-G. The Bill adds that the L-G’s opinion shall be obtained before the government takes any executive action based on decisions taken by the Cabinet or any individual minister.