Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s.
Model Answer Introduction Corporate Social Responsibility (CSR) refers to voluntary initiatives undertaken by corporations to incorporate social, environmental, and ethical concerns into their business practices. While CSR has gained traction in recent years, questions arise regarding its efficiencyRead more
Model Answer
Introduction
Corporate Social Responsibility (CSR) refers to voluntary initiatives undertaken by corporations to incorporate social, environmental, and ethical concerns into their business practices. While CSR has gained traction in recent years, questions arise regarding its efficiency and sufficiency in fulfilling the social roles and responsibilities expected of corporations.
Significance of CSR Initiatives
On one hand, CSR initiatives have positively impacted society. For instance, many corporations have launched programs aimed at reducing their carbon footprint, enhancing education and skill development for underprivileged communities, and providing disaster relief. A notable example is Unilever’s Sustainable Living Plan, which aims to halve the company’s environmental footprint while increasing its positive social impact (Source: Unilever Sustainability Report).
On the other hand, critics argue that CSR is inadequate in addressing the fundamental social and environmental challenges corporations face. Many CSR initiatives are voluntary and often driven by public relations rather than genuine concern for societal impact. For example, a 2020 study found that 75% of CSR activities were focused on marketing rather than making a substantial social impact (Source: Harvard Business Review).
Moreover, CSR can sometimes serve as a facade, allowing corporations to mask unethical practices such as labor rights violations, environmental degradation, and tax evasion. For instance, a report by Oxfam highlighted that some corporations engage in extensive CSR marketing while continuing to exploit workers and evade taxes (Source: Oxfam International).
To genuinely contribute to societal well-being, corporations must adopt a more comprehensive approach that integrates social responsibility into their core operations. This includes sustainable business practices, fair treatment of employees, and transparent governance.
Conclusion
While CSR initiatives play a role in corporate responsibility, they are insufficient for addressing the complex social and environmental challenges of today. A holistic approach that integrates ethical considerations into the core business strategy is essential for meaningful impact.
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Introduction Article 356, or "President's Rule," of the Indian Constitution enables the President to assume the administration of a state if the government is not functioning. This is a controversial rule that the central government can misuse. Since mid-1990s, the imposition of Article 356 has seenRead more
Introduction
Article 356, or “President’s Rule,” of the Indian Constitution enables the President to assume the administration of a state if the government is not functioning. This is a controversial rule that the central government can misuse. Since mid-1990s, the imposition of Article 356 has seen a decline. This discussion examines the legal and political factors that have led to this decline.
Legal Factors
SW2023-A9 | Supreme Court Ruling (S. R. Bommai v. Union of India, 1994)
One of the major legal developments that had put a cap on the abuse of Article 356 is the Supreme Court’s 1994 judgement in S. R. Bommai v. Union of India. The court ruled that the invocation of President’s Rule necessitates the establishment of the failure of the government of a state. It also established judicial review, allowing the Supreme Court to judge the legality of such decisions. The ruling had made it difficult for the central government to use of Article 356 without strong justification.
Judicial Scrutiny and Later Cases
In the aftermath of the Bommai ruling, courts have adopted a more alert and vigorous stance towards the validity of grounds on which President’s Rule should be invoked. Many subsequent cases have only strengthened the principles established in Bommai, leading to a more cautious application of Article 356. The risk that any ruling could be overturned, and a new judicial intervention, has deterred the central government.
Legal Reforms and Guidelines
The central government was forced to issue clarification on the procedure for invoking Article 356 in the wake of the Bommai verdict. Under the new guidelines, the Governor must now report to the President in detail the situation and provide evidence of government failure. These processes have improved transparency and enhanced the legal structure applied to the action of Article 356.
Political Factors
Multi-Party Coalition Governments
Since the mid-1990s, the bjp only controls a portion of the government, the rest under the control of a coalition of other parties. These coalitions are more heterogeneous and less centralized than single-party governments. Since they need the support of regional parties, they do use Article 356 (clamp down on states) with caution. Antagonising coalition partners makes trouble and so the centre is loath to impose President’s Rule.
The Politics of State autonomy and Regional Hegemony
I have access to data until October 2023. States can be more proactive in asserting their rights under the Constitution, very often galvanizing public and political support against the imposition of President’s Rule. This assertiveness makes it political risky for the central government to use Article 356 without strong justification.
Public and Media Watchfulness
A key function of the media is to hold the central government accountable. The media has audited the implementation of individuals leaving the measures under Article 356. Negative media coverage and public outpouring has given the central government reason to hesitate to invoke President’s Rule.
Consequences And Effects Of Political Actors
Because implementing President’s Rule could make political fallout – e.g., a loss of voter trust, and credibility. In a democracy, such actions could hurt the central government in the elections. Moreover, political parties are cognizant of these adverse impacts and thus, frequently pursue alternative approaches to remedy governance challenges.
Shifts in the Political Scene
India’s political landscape has been transformed since the mid-1990s. The decline of single-party dominance and the rise of regional and caste-based politics have made it far harder for the central government to justify recourse to President’s Rule. The Lok Sabha and the Rajya Sabha comprise of diverse political interests who would not let the central government take such an action easily.
Conclusion
There have been both legal and political reasons, which has led to a decline in the application of Article 356 since the mid-1990s. Separated by law, S. R. Bommai v. Union of India and closer court scrutiny have made the central government more accountable, and the process more transparent. On the political front, the emergence of coalition governments and increasing state autonomy have made the application of President’s Rule more cautious. Public and media scrutiny also forces the government to proceed carefully. These developments have made for a more robust democracy with a better balance of power between the central government and the states.
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