While the national political parties in India favor centralization, the regional parties are in favor of State autonomy. (250 words) [UPSC 2022]
Model Answer Introduction The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratRead more
Model Answer
Introduction
The Governor, as the constitutional head of a state in India, wields specific legislative powers designed to address urgent issues when the State Legislature is not in session. Understanding these powers and the legality of their exercise is crucial for maintaining democratic governance.
Essential Conditions for Exercise of Legislative Powers by the Governor
1. Ordinance-Making Power
Under Article 213 of the Constitution, the Governor can promulgate ordinances when the State Legislature is not in session and immediate action is required.
- Requirement: Such ordinances must be placed before the State Legislature once it reconvenes. They automatically cease to operate after six weeks from the date of reassembly unless approved by the Legislature.
2. Discretionary Powers
The Governor possesses discretionary powers in specific situations, such as when no party has a clear majority in the State Legislature or during a constitutional crisis.
- Function: In these cases, the Governor can decide on the best course of action to ensure the stability and smooth functioning of the state government
Legality of Re-Promulgation of Ordinances
Re-promulgation of ordinances without placing them before the Legislature contravenes the spirit of the Constitution, which emphasizes legislative oversight and democratic governance.
- In the landmark case of D.C. Wadhwa v. State of Bihar (1987), the Supreme Court ruled that re-promulgating ordinances without legislative approval is unconstitutional.
- Observation: The Court noted that ordinance-making is a temporary measure and should not serve as a substitute for legislative authority.
- The 2017 judgment in Krishna Kumar Singh v. State of Bihar reaffirmed this stance, declaring that such actions constitute a “fraud on the Constitution.”
- Conclusion: The Court emphasized that the Governor’s ordinance-making power should be exercised judiciously and only in emergencies when the Legislature is not in session.
Conclusion
Maintaining a balance between the Governor’s legislative powers and the necessity for legislative scrutiny is vital for upholding the spirit of the Constitution and preserving India’s democratic framework. The judicial precedents underscore the importance of legislative oversight in the exercise of these powers.
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In India, the tension between national political parties and regional parties reflects a deeper debate on the balance of power between the center and the states. National Political Parties and Centralization: National parties like the Bharatiya Janata Party (BJP) and the Indian National Congress (INRead more
In India, the tension between national political parties and regional parties reflects a deeper debate on the balance of power between the center and the states.
National Political Parties and Centralization: National parties like the Bharatiya Janata Party (BJP) and the Indian National Congress (INC) often favor centralization. This preference stems from their desire to maintain uniformity in policies and governance across the country. Centralization allows for a cohesive national strategy on issues such as economic development, security, and foreign policy. It also helps national parties consolidate power and implement their agendas more effectively across various states. Centralized control can facilitate uniform policy implementation and resource distribution, reducing regional disparities.
Regional Political Parties and State Autonomy: Conversely, regional parties such as the Dravida Munnetra Kazhagam (DMK), the Trinamool Congress (TMC), and the Telangana Rashtra Samithi (TRS) advocate for greater state autonomy. These parties argue that local governments are better positioned to understand and address the unique needs and issues of their regions. They often push for decentralization to ensure that states have more control over their resources, administrative functions, and policy-making. This autonomy is seen as a way to promote regional development, preserve cultural identities, and enhance local governance.
Conflict and Cooperation: The contrast between centralization and state autonomy leads to political and administrative tensions. While centralization aims for national integration and uniformity, state autonomy emphasizes regional diversity and local self-governance. The Indian Constitution provides a federal structure that balances these interests, but the dynamic political landscape continually tests this balance.
In summary, the conflict between national parties’ centralization and regional parties’ demand for state autonomy is a reflection of India’s complex federal structure, where both central authority and regional interests must be carefully balanced to ensure effective governance and national unity.
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