q1.the functions and powers of the lieutenant governors of ... · kejriwal and lt governor anil...

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SYNOPSIS

Intro

The functions and powers of a Governor and a Lieutenant Governor are,

more or less, the same. The LG, like the Governor, acts a constitutional

head of the Union Territory. But, the powers of an LG are wider than that

of a Governor. This is because, a Governor of a state has to act solely on

the aid and advice of the Council of Ministers, whereas, the LG does not

need the approval of the Council of Ministers on every matter.

Body Part

Both Delhi and Puducherry has an elected legislature and government. But,

the functions and powers of the Lieutenant Governors of Delhi and

Puducherry are marked by certain differences.

The LG of Delhi enjoys greater powers than the LG of Puducherry.

The LG of Delhi is vested with “Executive Functions” that enable

him to exercise powers in matters connected to public order, police

and land “in consultation with the Chief Minister, if it is so

provided under any order issued by the President under Article 239

of the Constitution”.

While the L-G of Delhi is guided by the Government of National

Capital Territory of Delhi Act, 1991, and the Transaction of

Business of the Government of National Capital Territory of Delhi

Rules, 1993, the L-G of Puducherry is guided by the

Government of Union Territories Act, 1963.

Articles 239 and 239AA of the Constitution, as well as the

Government of National Capital Territory of Delhi Act, 1991,

clearly underline that the role of Centre is more prominent in the

UT of Delhi, where the L-G is the eyes and ears of the Centre.

Under the constitution, the Delhi Assembly has the power to

legislate on all subjects except law and order and land.

Whereas, the Puducherry Assembly can legislate on any issue under

the Concurrent and State Lists. However, if the law is in conflict

with a law passed by Parliament, the law passed by Parliament

prevails.

Also the madras high court referring to the Supreme Court

judgement on the tussle between Delhi Chief Minister Arvind

Kejriwal and Lt Governor Anil Baijal, said the restrictions imposed

on the Government of Delhi are not applicable to the Government

of Puducherry.

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Dimensions

Q1.The functions and powers of the Lieutenant Governors of Delhi

and Puducherry are marked by certain differences. Discuss.

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SYNOPSIS

Intro

The Fifth Schedule under Article 244(1) of the Constitution contains

provisions regarding administration of Scheduled Areas other than in

Northeast India. Scheduled areas have the highest forest coverage and are

rich in minerals.

Body Part

To ensure partial autonomy in tribal areas, the Constitution entrusts

governors with immense powers to supervise the administration and

governance in such areas.

They can allow or disallow any law or development programme in

tribal areas to protect self-governance and development needs.

They can also make regulations for harmony and effective

governance.

But governors are hardly doing so, finds the National Commission

for Scheduled Tribes.

The most important responsibility of the governor is to

ensure that the special panchayati raj law for tribal areas,

known as PESA—Panchayat (Extension to the Scheduled

Areas) Act—is implemented effectively and any law that

contradicts it is put aside.

o However, according to B D Sharma, the last

commissioner for Scheduled Castes and Scheduled

Tribes, All the laws are automatically applicable

until the governor does not want to implement or

amend as per the need of the Fifth Schedule areas.”

As governors fail to perform this duty, general laws

have automatically been applicable to tribal areas,

often leading to conflicts.

Governors are irregular in sending annual reports to the

President.

Also the reports produced are evasive on the subjects these

reports are meant to address. (i.e.) none of these reports talks

about burning issues like displacement, poor governance and

insurgency.

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Dimensions Q2.Critically analyse the ‘Governors’ role in Schedule Five areas”



In reviewing laws, governors can consult the Tribes Advisory

Councils (TACs) constituted by the states with tribal areas. But

only few states out of the 11 that have TACs conducts meetings.

Way Forward



SYNOPSIS

Intro

Art 239AA of the Constitution of India has some special provisions with

respect to Delhi. The article was inserted in the constitution through the

61st Constitutional Amendment Act. The article lays down the basis of the

powers conferred upon the Lieutenant Governor of the Union Territory by

the Constitution.

Body Part

However, the interpretation powers of the LG in Delhi and the extent of the

control exercised in the decisions and functioning of the government has

been a subject of debate for the country as the differences between the state

government and the LG reached unprecedented heights.

The Supreme Court, in a recent judgement, laid down broad parameters for

the governance of Delhi while enunciating the powers resting with the LG.

Supreme Court’s Verdict on the Powers of Lieutenant Governor

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Dimensions

Q3.Whether the Supreme Court Judgement can settle the political

tussle between the Lt. Governor and elected government of Delhi?

Examine



Conclusion

The Supreme Court has, by clearly pronouncing the extent of the LG’s

powers, put to rest the highly contentious issue in the UT. Consequently,

this will limit the encroachment of the government and the LG in each

other’s functional spheres.



SYNOPSIS

Intro

A statute must be read as a whole and, one provision of the Act should be

construed with reference to other provisions in the same Act so as to make

a consistent enactment of the whole statute.

Body Part

The provisions of one section of a statute cannot be used to defeat those of

another “unless it is impossible to effect reconciliation between them.

Following are the main principles of this doctrine, stated by judiciary in

Supreme Court in CIT v. Hindustan Bulk Carriers, (2003) case.

Courts must avoid a clash between contradicting provisions and

should try to bring harmony between them.

The provisions of one section cannot be used to defeat another

unless there is no chance of reconciliation between them.

When courts have successfully brought harmony between them,

interpretation of both provisions must be in a way to give effect

to both the provisions as much as possible.

An interpretation that held one of the contradictory provision

useless will not be harmonious construction.

Case studies

In Sri Venkataramana Devaru v. State of Mysore

The question in front of SC was whether the right of a religious denomination

to manage its own affairs in matters of religion guaranteed under Article

26(b) is subject to, and can be controlled by, a law protected by Article

25(2) (b), by throwing open a Hindu public temple to all classes and

sections of Hindus.

In this case, SC stated the two provisions were of equal authority. Following

the rule of harmonious construction, it was held that Article 26(b) must be

read subject to Article 25(2) (b). That means although a religious

denomination has right to manage its own affairs in matters of religion

guaranteed but they cannot bar any section of Hindus from entering into

temples.

Space to Add More

Dimensions Q4.What do you understand by “Doctrine of harmonious

construction”? What are the main principles of this doctrine,

stated by Supreme Court? Explain with suitable examples.



SYNOPSIS

Intro

The CDS is a high military office that coordinates and oversees the working of

the three Services(Army, Air Force or Navy) and offers single-point advice

and absolute tri-service views to the Executive on long-term defence planning

and management, including manpower, equipment and strategy, and above all,

“joint man ship” in operations.

Body Part

CDS in India:

The Kargil Review Committee (KRC) came up with the proposal of CDS in 2000 for the first time and called for apex decision-making and structure and coordination between the among the three services.

The government created the Integrated Defence Staff (IDS) in late 2002 in preparation for the post. However, this has remained yet another vague department within the military establishment over the past 17 years.

Need for CDS in India:

CDS can be very helpful in providing more coordination among the

three Services. India is the only major democracy in which the Armed Forces

Headquarters is outside the apex governmental structure. CDS will help in Long-term defence planning which further leads to

positive results.

CDS will also help in integrating tri-service personnel and assets.

Arguments against CDS: No guarantee for the CDS office to ensure its effectiveness. The political establishment of Indian is seen as being largely ignorant

of security matters and hence incapable of ensuring that a CDS works.

Resistive nature of militaries for transformation.

Conclusion:

The post of CDS should be established with a clear understanding so that CDS

will not be another case of “jobs for the boys”. The CDS office will help in

planning, procurements, training, budgeting, and logistics among the Army,

Navy and IAF if executed properly.

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Dimensions

Q5.On Independence Day, Government announced its major

decision to create the Chief of Defence Staff (CDS) post as a

higher level military reform. Discuss briefly the pros and cons of

the decision.



SYNOPSIS

Intro

To deliver on the promise of ‘Sab ka sath, sab ka vikas’ or ‘prosperity for

all’, Asia’s third-largest economy needs steady growth for several years to

come, one key driving factor for which is investments into roads, ports,

highways, energy assets, fibre optic networks and oil and gas transportation

pipelines.

Body Part

Government has given a massive push to all forms of physical connectivity

through land, air, water etc.

Pradhan Mantri Gram Sadak Yojana

Industrial corridors

Dedicated freight corridors

Bharatmala sagarmala projects

Jal Marg Vikas

UDAN Schemes

Briefly explain on these schemes

Pradhan Mantri Gram Sadak Yojana

launched in December, 2000 with an objective to provide single all-

weather road connectivity to eligible unconnected habitation of

designated population size (500+ in plain areas and 250+ in North-

East, hill, tribal and desert areas as per Census, 2001) for overall

socio-economic development of the areas.

97% of the eligible and feasible habitations have already been

connected by all-weather road.

Under the PMGSY-III Scheme, it is proposed to consolidate

1, 25,000 Km road length in the States.

Industrial corridors

Five industrial corridor projects have been identified, planned

and launched by the Government of India.

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Dimensions

Q6.Explain briefly the steps taken by government to improve

Physical connectivity in India.



These corridors are spread across India, with strategic focus on

inclusive development to provide a boost to industrialization and

planned urbanization.

Manufacturing is a key economic driver in each of these projects.

These projects are expected to play a critical role in raising the

share of contribution of the manufacturing sector from

approximately 16%2 to 25% by 2025

There are five industrial corridors,

Delhi-Mumbai

Chennai-Bengaluru

Bengaluru-Mumbai

Amritsar – Kolkata

Vizag – Chennai Conclusion

UDAN

Through this scheme, Under-served airports and routes have been

mainstreamed, with a combination of regulated (subsidised) and

unregulated fares.

Bharatmala sagarmala projects

Like Bharatmala, Sagarmala is an integrated garland of projects along

India’s coastline.

Apart from facilitating exports and imports, it is also expected to improve

coastal transportation, a sector that is under leveraged.

Way forward

Government needs to focus on improving capital goods, changing and

upgrading carriages and engines, introducing more air-conditioned

trains, among others


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