NOTE: Please remember that following ‘answers’ are NOT ‘model answers’. They are NOT synopsis too if we go by definition of the term. What we are providing is content that both meets demand of the question and at the same time gives you extra points in the form of background information.
Polity:
Q1. It is said that, far from being a neutral referee, the speaker is an active player in the defection game. What lessons can India learn from UK regarding office of speaker? Comment. 10M
Introduction
The Speaker is the principal spokesman of the House. He represents its collective voice and is its sole representative to the world. The power for this disqualification is vested in the Speaker, who is usually a nominee of the ruling party.
Body:
Anti-defection law; – The Tenth Schedule – popularly known as the Anti-Defection Act – was included in the Constitution via the 52nd Amendment Act, 1985.
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- Its purpose was to bring stability to governments by discouraging legislators from changing parties.
- It sets the provisions for disqualification of elected members on the grounds of defection to another political party.
Speaker role with regard to Anti defection law; –
The law lays down that legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. This has led to,
- More Discretion; – However, the law does not provide a timeframe within which the presiding officer has to decide a defection case. The decision thus is sometimes based on the whims and fancies of the presiding officer.
- In 2020, the Supreme Court dismissed a minister in Manipur when the Speaker did not decide on the defection petition against him even after three years.
- Not Adjudicating the complaints;- Several presiding officers have allowed defectors to bolster the strength of ruling parties and even be sworn in Ministers by merely refraining from adjudicating on complaints against them.
- With no security in the continuity of office, the Speaker is dependent on his or her political party for re-election. This makes the Speaker susceptible to pulls and pressures from her/his political party in the conduct of the proceedings of the Lok Sabha.
- Act on Vested interest:- Secure in the belief that no court would question the delay in disposal of disqualification matters as long as the matter was pending before a Constitution Bench, Speakers have been wilfully failing to act as per law, thereby helping the ruling party, which invariably is the one that helped them get to the Chair.
- Not impartial; – Every textbook of constitutional law points out the two essential qualities of a Speaker: Independence and impartiality. The partisan role of the Speaker in many States has ensured the continuation of turncoat legislators as legitimate members of the House.
Lessons that India can learn from the UK
Securing the neutrality of the Speaker is a question that experts in India have been grappling with for 70-plus years. In Britain, the promise of continuity in office for many terms is used to ensure the Speaker’s impartiality.
- By convention, political parties (usually) do not field a candidate against the Speaker at the time of general elections. And the Speaker can continue in office, until deciding otherwise.
- By convention, the Speaker also gives up the membership of his/her political party.
It can help India in the following ways;-
- Elimination of speaker dependency on his or her political party since there is security in continuity in office.
- It will help address the accusation of the speaker being partial and acting with
- It will lead to effective implementation of Anti defection law and also the persistent issue of defection can be dealt with properly.
- This will result in lesser unparliamentarily conduct like disruption and also speakers’ reluctance to take action against disorderly members could reduce.
- Will ultimately boost public confidence and trust in parliamentary democracy.
- Thus unlike in Britain, It is imperative that the Speaker of every legislature resigns from his party to honour his constitutional obligation of independence and impartiality.
- For example, in 1967, the late N Sanjiva Reddy resigned from his party when he became the Speaker.
Conclusion
The Speaker is considered the true guardian of the Indian Parliamentary democracy, holding the complete authority of the Lok Sabha. Thus, the impartiality of the office is very important to make parliamentary democracy work in the true sense.
Value addition
Background:
- Defection is “desertion by one member of the party of his loyalty towards his political party” or basically it means “When an elected representative joins another party without resigning his present party for benefits”. The institutional malaise is defection and party-hopping is state- neutral, party-neutral, and politics-neutral.
- 91st Constitution Amendment Act-2003 was enacted and was aimed at limiting the size of the Council of Ministers to debar defectors from holding public offices, and to strengthen the anti-defection law.
- Supreme court on Speaker role
- Several judgments on the anti-defection law have been rendered by the Supreme Court. A common factor that shows up in these rulings is the blatant, partisan conduct of speakers in state assemblies.
- Permanent Tribunal; – Parliament should replace the Speaker with a “permanent tribunal” or external mechanism to render quick and impartial decisions on questions of defection.
- Kihoto Hollohan Case; – In 1992 ( Kihoto Hollohan vs Zachillhu), a Constitution Bench, while upholding the validity of the anti-defection law, held that the Speaker’s decision was subject to judicial review, albeit on limited grounds.
- It also made it clear that this should take place after a final decision, and there can be no interim order, except if there is an interim disqualification or suspension.
Q2. What do you understand by the “due process of law” clause? Has the introduction of this clause increased the conflict between judiciary and executive? Analyze 10M
Introduction
Beginning in the 1970s, the Supreme Court of India started incorporating the U.S. constitutional doctrines of “procedural due process” and “substantive due process” in India instead of the “Procedure established by law”. This enabled the court to question not merely procedural laws, but the substantive value choices of the legislative branch of government as well.
Body:
Due process of law:
- It confers wider power to the judiciary. It not only checks if there is a law to deprive the life and personal liberty of a person but also sees if the law made is fair, just and not arbitrary.
- If Court finds that any law is not fair, it will declare it null and void. This doctrine provides for more fair treatment of individual rights.
- In the famous Gopalan case (1950), the Supreme Court has taken a narrow interpretation of the Article 21. It held that the protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action.
- But, in the Menaka case (1978), the Supreme Court overruled its judgement in the Gopalan case by taking a wider interpretation of Article 21.
- Therefore, it ruled that the right to life and personal liberty of a person can be deprived by law provided the procedure prescribed by that law is reasonable, fair and just.
- In other words, it has introduced the American expression of ‘due process of law’.
Introduction of due process of law and increased conflict between Judiciary and executive; – Yes, it has increased the conflict between the Judiciary and Executive.
- It promotes judicial interference in affairs of the executive since the Indian Constitution talks about ‘procedure established by law’ that confers limited power in hands of the judiciary.
- Eg: The cancellation of telecom licenses in the 2G case. The Supreme Court held that the process of allocation was flawed.
- Judicial overreach: It violates the constitutional principle formulated by Indian constitution makers.
- Eg: The censorship of the Film Jolly LLB 2 by the Bombay high court when the Board Of Film Certification already exists and is vested with the power to censor.
- Eg: The Supreme Court banned the Sale of Liquor, at bars within 500m of any national or state highway. The case was seen as an Overreach because the matter was administrative, requiring executive knowledge.
- Defines firmer boundaries for the state power – Since the state can’t abrogate or take away any right just by enacting legislation often there is a tussle between the executive and judiciary.
- Lack of coordination between executive and judiciary:
- The Supreme Court struck down the National Judicial Appointments Commission (NJAC) which was established through the 99th Constitutional Amendment on grounds that it was unconstitutional.
- Economic legislations: Economic policy is not justiceable unless the policy is ultra vires to the constitution.
- The court ruling on the telecom AGR dues case, in which it reset the payback regime set by the Centre from 20 years to 10 years. The Cabinet had arrived 20 years considering that 10 years would push them into insolvency proceedings, affecting our economy.
No, it has not increased the conflict between the Judiciary and executive since it
- Establishes Balance; – it balances the power relation between the executive and Judiciary since when the government violates or harms any person without following the exact procedure it violates due process and rule of law.
- In 2004, the Supreme Court of India directed the Central government that, ‘administrative machinery be put in place for acting on complaints from whistleblowers till a law is enacted.’
- Promotes fairness of law; – it guarantees fair trial in letter and spirit i.e. both in the procedure as well as in substance. It must be ensured that the procedure is in accordance with the law and appealable to the conscience of democracy.
- In I. C. Golaknath & Ors vs State Of Punjab & Anrs. the Supreme Court declared that Fundamental Rights enshrined in Part 3 are immune and cannot be amended by the legislative assembly.
- Strengthens rights; – State should conform to the laws of the land like fairness, liberty, equality etc.
- Vishaka vs State of Rajasthan (1997) SC laid down guidelines that ought to be followed in all workplaces to ensure proper treatment of women.
- Prevents Abuse; – it guarantees fundamental justice to citizens since there are limitations on laws and legal proceedings and provides a constitutional guarantee that prevents governments from impacting citizens in an abusive way.
- Eg: The Shreya Singhal case struck down Section 66A of the IT Act which gave the government power to arrest and imprison an individual for allegedly “offensive and menacing” online posts.
- Focus on procedural justice; – Analogous to the concepts of natural justice, the due process ensures procedural justice. The interpretation of due process is expressed as a command that the government must not be unfair to the people.
Conclusion
The ‘due process of law’ gives wide scope to the Supreme Court to grant protection to the rights of its citizens. Indian courts have maintained a fine balance between interpreting the law and making law. It has not become the Super legislature unlike USA despite following the clause of due process of law.
Ethics:
Q3. Do frequent transfers of civil servants dent their dedication to public service? Present your views. Also, suggest some measures to tackle such situation. 10M
Introduction
Government job and job security go hand in hand in India – a government officer can’t be easily fired. But a government officer can be easily transferred. As former Central Vigilance Commissioner N.Vittal said “For a civil servant, nothing is more certain than death, taxes, transfers and retirement”.
Body
Yes, frequent transfers of civil servants dent their dedication to public service in the following way.
- Affects Job satisfaction: leads to building the attitude of Bureaucratic behaviour -, which evokes issues like Red-Tapism, the complication of procedures, and the maladapted responses of ‘bureaucratic’ organizations to the needs of the people.
- Department of Personnel and Training, Government of India, shows that the average posting spell of civil servants in India is only about 15 months.
- Tardy implementation of government policies – Because of frequent transfers of bureaucrats, they don’t get proper time to focus on long-term developmental projects. This negatively impacts their efficient and effective working behaviour.
- In the Shopian district in Jammu and Kashmir for the last 14 years witnessed the transfer of 13 Deputy Commissioners. Among them, two officials were transferred within 25 days of their posting. So the public servants are not able to frame proper long-term developmental policies.
- Indulging in unethical practices – An administrative official has to adhere to the will of the political master. This political interference sometimes leads to unethical issues like corruption, nepotism, partiality, and arbitrary transfers of honest civil servants.
- According to the Ministry of Personnel, Public Grievances and Pensions, 581 corruption charges were filed against IAS officers in 2020-21.
- Undermines development of proper skills– Frequent transfers result in underinvestment in skills by bureaucrats with career concerns, since investing in loyalty to specific politicians provides an alternative path to career success.
- Deterioration of Work culture – Transfers often reflect administrative favoritism and create divisions among civil servants.
Measures to tackle frequent transfers and their impact:
- Should focus on Good Governance –By forming innovative strategies, which can help in finding work satisfaction in a short time frame.
- IAS officer Awanish Sharan took charge as Kabirdham District Collector in 2018. He launched a series of bike ambulances Known as the Sangi express (Friend Express), which have cut down the expenses of the people by 90% and impacted more than 4,868 lives in the district.
- Prioritization and resilient approach: Even in the case of frequent transfers, Civil servants need to upload public service values like Integrity, Neutrality, Accountability, and transparency etc.
- IAS officer Ashok kemka transferred more than 50 times in his 22-year career. But still known for his integrity and for exposing corruption in various departments where he was transferred.
- Coordination and cooperation: with the public can help boost moral values and help build confidence and increase one’s skill as an officer.
- IAS officer Raja Vikranth worked hard to restore 178 water bodies in Puducherry’s Karaikal district within three months in 2019. He roped in locals, educational institutions, companies and even temples to execute the project.
- Political sterilization from civil servants – Public servants should keep themselves away from political influence.
- Making work a Fun challenge: Helps in sustaining enthusiasm and a positive outlook toward the job.
- IAS officer Raj Yadav as the District Magistrate (DM) of south Sikkim in 2014, kickstarted the ‘District Administration’s Adopted Village’ or ‘DAAV’ initiative. A model where the district administration would adopt an underdeveloped village and take direct responsibility for its development.
Conclusion
There is a need to implement the Administrative Reforms Commission and Hota committee recommendation of constituting a high-powered civil services authority both at the Centre and the States to look into and regulate cases of premature transfers of civil servants. This can go a long way in strengthening the morale of bureaucracy.
Case study
Q4. You are a senior officer at the department of agriculture. The state budget has an allocation of 500 crores for organic farming for the current year. You have been assigned the task of mapping the various regions, crops and methods of organic farming to be funded under the scheme. You personally lack detailed knowledge on organic farming. Therefore, you call a meeting of prominent NGO’s and experts in the field for their suggestions. Everyone suggests various measures for improving organic farming. The meeting is successful and the budget is allocated as per the plan prepared by you. Through the course of implementation you found out that most of the members of the meeting lacked a working knowledge of organic farming and had suggested funding for various programmes which benefits them personally. This issue has been covered by the media and they have blamed you for profiteering as a result there is an internal departmental investigation upon you. Even though you have clearly not profited, you are now blamed for being corrupt.
In such circumstances, what will be your response? Analyse the qualities of a public servant which will be required to prevent such a situation.
Introduction
The case study highlights the issue of lack of excellence and knowledge by a public servant about the new emerging technologies in the field in which he is working. The case study also notifies the lack of expertise in the agriculture department and misuse of public funds by private agencies for their self-gain.
Body
My response to such a situation,
“With great power comes great responsibility”
I will honestly appear before the internal investigation department and I will promptly accept my lack of knowledge about organic farming and my failure in critical analysis of suggestions given by experts and NGOs.
- I will briefly explain what happened before and after planning and resource allocation. As proof, I will also submit plan details and suggestions given by experts before the final approval of the plan.
As the plan is still being implemented, I will try to utilize available funds effectively and efficiently and also request the state government if extra funding is needed
- I will work with genuine experienced experts who have working knowledge and experience in organic farming. This will help me to sort out the issues in the planning – about mapping, crops for a particular region etc.
- I learn about emerging techniques, and practices in agriculture like organic farming from research papers done by IITs, IISc etc and NITI Aayog report on organic farming.
I will lodge complaints against NGOs and Experts who misutilised public funds. I will also urge the concerned higher department to deregister such NGOs from getting funds within India and also from foreign sources.
Qualities of a public servant which will be required to prevent such a situation.
- Functional activeness and active learning:
- Objectivity and building an analytical mindset:
- Personal confidence:
- Coordination and team work:
Along with these qualities like Integrity, Honesty and transparency are the cornerstone of democratic decision making and also enhances the quality of such decisions by making them more inclusive, receptive and accountable.
Overall, constant upgrading of one’s skill and ability becomes necessary for civil servants in higher positions in face of modern-day challenges like corruption, decreasing faith in governance, cronyism, biased decisions etc. As Albert Einstein said “ The important thing is to never stop questioning”
