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Recently, Apple approved a PC emulator for iOS, enabling users to run classic software, primarily games, on iOS, iPadOS, and visionOS.

PC Emulator

• About: An emulator, as the name suggests, is software that allows a computer device to emulate another software. 
• Difference: The difference in how a device operates allows it to run and use software designed for other, previously, incompatible devices.
  • For example, software designed for a Windows PC will have to be redesigned to run on macOs. 
• Redesigning: This redesign will have to be done by the developers, who may choose to not include all the functionalities available on Windows to Mac users.
• Applications: An emulator can be used in this scenario to run software designed for Windows on macOS by emulating the design architecture of Windows.
  • Emulators are commonly used to run applications designed for different operating systems, play video games from older consoles, and test software across different platforms.
• Legality: Emulators come in handy when testing and designing software, and they do not use proprietary codes. So, they are considered legal to use. 
  • However, sharing copyrighted ROMs (Read Only Memory) online is illegal.
  • Using an emulator is considered legal if users own the software they are running on the emulator. 
  • However, if they use the emulator to run pirated copies of a software or use the emulator to distribute or download ROMs of software they do not own, it is considered illegal.

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On July 22, 1947, the Constituent Assembly of India officially adopted the National Flag, marking an important milestone in the country’s journey to independence.

Background of National Flag

• First Public Display : The first national flag of India was hoisted on August 7, 1906, at Parsee Bagan Square (Green Park) in Kolkata. 
  • The flag featured three horizontal stripes of red, yellow, and green, with “Vande Mataram” inscribed in the center.
• Symbolism: The red stripe included symbols of the sun and a crescent moon, while the green stripe displayed eight half-open lotuses.
• Design: The flag is thought to have been designed by freedom activists Sachindra Prasad Bose and Hemchandra Kanungo.
• Indian Flag in Germany (1907): Madame Cama and her group of exiled revolutionaries hoisted an Indian flag in Germany. This was the first time the Indian flag was hoisted in a foreign country.
• Home Rule Movement Flag (1917): Dr. Annie Besant and Lokmanya Tilak as part of the Home Rule Movement. 
  • The flag had alternate red and green horizontal stripes, seven stars in the Saptarishi configuration, a white crescent and star in one top corner, and the Union Jack in the other.
• Pingali Venkayya: Pingali Venkayya, an Indian freedom fighter, is credited with designing the modern Indian tricolour. In 1916, Venkayya conducted extensive research and published a book with various design proposals for the Indian flag. 
  • At the All India Congress Committee meeting in Bezwada in 1921, Venkayya proposed a preliminary flag design to Gandhi, featuring two bands of red and green to symbolize Hindus and Muslims.

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Changes in the Flag

• Color Scheme: The flag retained the same deep saffron, white, and dark green colors as before.
• Symbol Change: The Charkha was replaced by the Ashoka Chakra for practical reasons, ensuring a consistent symbol on both sides of the flag.
• Symbolism: The Ashoka Chakra, representing India’s ancient culture and values, was chosen for its historical significance and the prominent role of Ashoka in world history.

Constitutional Aspect and Legal Aspect:

• According to Article 51A (a), it shall be the duty of every citizen of India to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• Prevention of Insults to National Honour (PINH) Act, 1971: The Act mandates strict penalties for showing disrespect towards the national anthem or violating its regulations. Offenders can face imprisonment for up to 3 years, a fine, or both.

Jawaharlal Nehru’s Resolution on the National Flag

• Resolution Details: Jawaharlal Nehru, India’s first Prime Minister, proposed the National Flag of India to be a horizontal tricolour with deep Saffron (Kesari), white, and dark green in equal proportions.
• Design Specifications: A navy blue Wheel representing the Charkha, based on the Chakra from the Sarnath Lion Capital of Ashoka, positioned in the center of the white band. 
  • The diameter of the Wheel is roughly equal to the width of the white band. The width to length ratio of the Flag is 2:3.
• Adoption: The motion was adopted unanimously by the Assembly.

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India and Japan are planning to establish a Joint Crediting Mechanism (JCM) for carbon trading and carbon credit adjustment.

Memorandum of Cooperation

• A Memorandum of Cooperation (MoC) is being prepared for this mechanism.
• The MoC will involve emission-reduction credits being shared between the two countries.

• Contribution to Climate Goals

  • The credits will be used towards the Nationally Determined Contributions (NDCs) of both countries.
  • NDCs are climate action plans aimed at reducing emissions and adapting to climate impact.

• Economic and Financial Implications

• • The mechanism is expected to attract investments in low-carbon and clean technologies, boosting job creation.
  • There will be financial implications, but the specifics are not detailed.

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• Authorization and Implementation

• • The Ministry of Environment, Forest and Climate Change (MoEFCC) of India is authorized to sign the MoC with Japan.
    • Japan will support the transfer of technology, finance, and capacity building for new technologies under the JCM.

About Carbon Credit

• Carbon credits are Permits that allow the owner to emit a specific amount of carbon dioxide or other greenhouse gases (GHGs).
• Measurement: One credit allows for the emission of one ton of carbon dioxide or its equivalent in other GHGs.
• Alternative Name: Also known as carbon offsets.
• Carbon credit pricing in India
• • India does not set a specific price for carbon credit. 
    • Its value is determined by different factors such as fuel costs, emission trading schemes, taxes, and the quality of projects.
• Function of Carbon Credits
  • Cap-and-Trade System: Carbon credits are part of a cap-and-trade program.
  • Pollution Limit: Companies receive credits to emit GHGs up to a certain limit, which is gradually reduced.
  • Credit Trading: Companies can sell unused credits to others that need them.

Difference between compliance-based and voluntary carbon credit trading?

Benefits of Carbon Credits

• Environmental Benefits

  • Emission Reduction: Carbon credits limit the amount of greenhouse gases (GHGs) companies can emit, helping to reduce overall emissions.
  • Incentive for Innovation: Encourages companies to create and use new technologies to lower their emissions.
  • Climate Action Projects: Supports verified projects that lead to measurable reductions in emissions.

• Economic Benefits

  • Financial Incentives: Companies that cut their emissions can sell their unused credits to make money.
  • Cost-Effective Compliance: Provides a flexible way for companies to meet emission limits by buying extra credits if needed.
  • Market Creation: Creates a market for carbon trading, opening up economic opportunities for businesses.

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Carbon credit Laws in India 

• Amendment to the Act: The (Indian) Energy Conservation Act, 2001 was amended through Energy Conservation (Amendment) Act, 2022 (“Act”). 
  • Energy Conservation (Amendment) Act, 2022 (“Act”) came into effect in 2023.
  • This act allows the ministry of power and central government authority to create and manage  carbon trading schemes and issue Carbon Credit Certificates.
  • Carbon Credit Certificates
    • Under section 14AA Act, the government can issue carbon credit certificates to entities that follow carbon credit trading schemes. 
    • These certificates can be sold to 
      • The organizations that emit more levels of Carbon than authorized; 
      • The Government of India to fulfill its commitments;
      • Other nations that need help to fulfill their commitments.
  • Challenges 
    • Lack of clarity: There is low clarity on carbon trading schemes as to which authority will issue Carbon Trading Certificates. 
    • Other issues: There are other various issues such as set-up and regulation of a trading platform. 

Impact of India-Japan Carbon Credit Mechanism on Indian Economy

India’s decision to enter a joint crediting mechanism (JCM) with Japan can have several positive impacts on the Indian economy. Here’s a breakdown of the key benefits:

• Boosting Green Technologies and Investments:
  • The JCM will encourage investments in India for low-carbon technologies, such as renewable energy systems, energy-efficient appliances, and waste management solutions.
  • This will create a market for these technologies, leading to their wider adoption and innovation in the clean energy sector.
• Job Creation and Skill Development:
  • Implementing JCM projects will require skilled personnel in areas like renewable energy, energy efficiency, and waste management. This will create new employment opportunities in these sectors.
  • The JCM may also involve capacity building programs, further enhancing the skills of the Indian workforce in these green fields.
• Fulfilling India’s Climate Goals:
  • The JCM allows India to earn carbon credits for emission reduction projects. 
    • These credits can be used to meet India’s Nationally Determined Contribution (NDC), its commitment to reducing greenhouse gas emissions under the Paris Agreement.
• Access to Japanese Expertise and Finance:
  • Japan is expected to facilitate the transfer of technology, finance, and expertise related to clean technologies. 
    • This can accelerate India’s transition to a greener economy by providing access to advanced solutions and financial resources.
• Strengthening Bilateral Ties:
• • The JCM fosters collaboration between India and Japan on climate action. 
    • This cooperation can strengthen the relationship between the two countries and pave the way for further partnerships in the future.

Overall, India’s participation in the JCM with Japan holds promise for the Indian economy by promoting green technologies, creating jobs, and supporting India’s climate goals.

Challenges of Carbon Credits

• Environmental Challenges

  • Questionable Effectiveness: Some believe carbon credits may not significantly lower emissions, as companies can buy credits instead of reducing their own emissions.
  • Double Counting: There’s a risk of the same emission reductions being claimed by more than one party.

• Economic Challenges

  • Market Volatility: The price of carbon credits can vary widely, causing uncertainty for companies planning long-term investments.
  • High Costs: Setting up and maintaining carbon credit systems and projects can be expensive, deterring smaller companies and developing countries.

• Regulatory and Compliance Challenges

  • Complex Regulations: Companies may find it hard to navigate the complex rules and standards for carbon credits.
  • Lack of Standardization: Inconsistent global frameworks make trading credits across different markets difficult.
  • Fraud and Corruption: The carbon credit market can be vulnerable to fraud, like issuing fake credits or misrepresenting emission reductions.

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Madhya Pradesh state wildlife board has accorded approval to declare Ratapani wildlife sanctuary as its eighth tiger reserve. It, when notified, will be the first tiger reserve in the country to have proximity to a state capital.

• The state wildlife board’s recommendation will be sent to the Centre for final approval to notify the wildlife sanctuary as the tiger reserve.

About Ratapani Wildlife Sanctuary

Cradled in a portion of Vindhyachal Mountain Ranges, passing through Raisen and Sehore Districts of Madhya Pradesh.

• Existence: The sanctuary was first notified in 1976 and then extended in 1983. 
• Background: The proposal to declare Ratapani wildlife sanctuary as tiger reserve has been begun since 2008. 
  • The National Tiger Conservation Authority (NTCA) has accorded in principle approval to notify Ratapani wildlife sanctuary as the tiger reserve in 2011. 
  • In 2012, the proposal for demarcating the Core and Buffer areas of the Reserve was suggested. 
• Kolar River forms the western boundary of the Sanctuary. 
• Dahod reservoir is another significant water body inside the sanctuary.
  • The sanctuary runs parallel on the northern side of Narmada River, the “life line of Madhya Pradesh”.
  • Ratapani reservoir, after which the sanctuary is named, forms a good habitat for crocodiles and other aquatic fauna. 
• Wildlife: The Ratapani wildlife sanctuary has a total 3123 wild animals including 56 tigers and 70 leopards, as per the 2022 census.
  • Chinkara, Sloth Bears,   Paradise Flycatcher- the state bird of Madhya Pradesh. 
• Significance: The Sanctuary has Bhimbetka “a group of rock shelters and rock paintings” which is one of the ”World Heritage Site ” declared by UNESCO, and hence, is of International importance. 
• Flora :  Dry deciduous and moist deciduous types.
• Existing Tiger Reserves of Madhya Pradesh: The seven other existing tiger reserves are Bandhavgarh, Kanha, Panna, Pench, Sanjay-Dubri, Satpura and Veerangana Durgavati. 

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Recently, Bhabha Atomic Research Centre (BARC) study concluded that uranium concentrations up to 60 µg/l in drinking water are safe, suggesting that the new stricter standard of 30 µg/l may be counterproductive.

BARC Study Findings

• Previous Limit: The Atomic Energy Regulatory Board (AERB) in India previously set the acceptable level of uranium concentration in drinking water at 60 µg/l.

• BIS Changed the Limit: In 2021, the Bureau of Indian Standards (BIS) revised the limit to 30 µg/l, aligning with World Health Organization (WHO) recommendations.
  • BARC scientists highlight that BIS did not conduct health impact studies before implementing the 30 µg/l limit, unlike other agencies such as the US Environmental Protection Agency (EPA), which performed a cost-benefit analysis.
  • EPA set the drinking water limit for uranium at 30 µg/l after determining that there is no significant difference in health effects between 20 µg/l, 30 µg/l, and 80 µg/l.
• BARC scientist Study: A study by Bhabha Atomic Research Centre (BARC) scientists concludes that uranium concentrations up to 60 µg/l in drinking water are safe, questioning the necessity of the new BIS standard.
• Unnecessary Purification Cost: The study argues that the more stringent BIS standard of 30 µg/l could lead to unnecessary purification costs without significant health benefits.
• No Health Risk: Citing WHO studies, the BARC researchers state that small concentrations of uranium in drinking water pose no significant health risks, including cancer.

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Main Factors Responsible for Uranium Contamination in Groundwater

• Geological Factors
• • Natural Uranium Deposits: The presence of uranium-bearing minerals in the Earth’s crust can lead to natural leaching into groundwater.
  • Weathering: Weathering of rocks containing uranium can release uranium into surrounding soil and water systems.
    • High levels of uranium are largely due to natural uranium content in aquifer rocks, oxidation state and groundwater chemistry
  • Extreme bicarbonate levels were also found at the sites with high uranium levels. Bicarbonates help to bring the uranium out of the source rocks and is a reason for the high occurrence of the element, said Rachel Coyte, the lead author of the study.
  • Acidity and pH Levels: Acidic conditions can enhance the solubility of uranium in water, increasing its mobility and concentration in groundwater.
• Human Activities
• • Mining and Milling: Uranium mining and milling activities can result in the release of uranium into the environment, contaminating groundwater sources.
  • Nuclear Power Plants: Accidental releases or improper disposal of nuclear waste can lead to groundwater contamination.
  • Over-Extraction of Groundwater: Over-pumping of groundwater can alter the flow patterns and draw uranium-contaminated water from deeper aquifers.

Causes of Groundwater Contamination

About: Groundwater contamination occurs when pollutants are introduced into the underground water supply, making it unsafe for human consumption, agriculture, and the environment.

Following are the causes

• Industrial Activities: Accidental spills of chemicals and hazardous substances from industries can seep into the groundwater.
• Pesticides and Fertilizers: Excessive use of pesticides and fertilizers can lead to the leaching of harmful chemicals into groundwater.
• Animal Waste: Runoff from livestock operations can introduce nitrates and pathogens into the water table.
• Arsenic, Fluoride, Nitrates, Radon: Naturally occurring minerals, such as Arsenic, Fluoride, Nitrates, Radon, can contaminate groundwater through geological processes.
• Leachate: Waste materials in landfills can produce leachate, a liquid that can permeate the soil and contaminate groundwater with various pollutants.
• Urbanization and Infrastructure – Stormwater Runoff: Urban runoff can carry pollutants from roads, construction sites, and other urban areas into groundwater supplies.

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Effects of Groundwater Contamination

• Waterborne Diseases: Contaminated groundwater can lead to outbreaks of waterborne diseases such as cholera, dysentery, and hepatitis.
• Ecosystem Damage: Contaminants can harm aquatic ecosystems, affecting plant and animal species and reducing biodiversity.
• Soil Degradation: Contaminated groundwater can lead to soil pollution, affecting plant growth and agricultural productivity.
• Agricultural Losses: Contaminated water can harm crops and livestock, leading to economic losses for farmers.
• Water Treatment Costs: Treating contaminated groundwater to make it safe for consumption can be expensive and resource-intensive.

Measures that the government has taken to address this issue  

• Namami Gange Program: This initiative aims to clean river Ganga which provides water for 28% of the country’s resources and is home to roughly 43% of its people. For instance: Varanasi, a historic city along the Ganges, has upgraded sewage treatment plants, reducing pollutants entering the river.
• National Aquifer Mapping and Management Program (NAQUIM):  To map aquifers and create a detailed database of groundwater resources in the country.
• Atal Bhujal Yojana (Atal Jal):  A Central Sector Scheme with an aim to improve groundwater management through community participation.
• National Water Policy 2012: It has set clear guidelines for water quality, alongside strict penalties for non-compliance. E.g.: it advocates for River Basin Organizations that manage critical resources for rivers like the Godavari and Krishna, thereby promoting better water management and reducing pollution.
• National Green Tribunal (NGT): The NGT has played a vital role in controlling water pollution. E.g.: In 2017, it ordered the closure of industrial units in Bijnor and Amroha districts of Uttar Pradesh that were found to be discharging pollutants into the Ganges, setting a precedent for strict pollution controls.
• Central Pollution Control Board (CPCB) Guidelines: Monitoring stations have been set up along rivers like the Yamuna near Delhi, allowing for early identification of pollution and corrective measures, such as installing water treatment facilities to purify the water.
• Community-Led Initiatives: In Rajasthan, groups like Tarun Bharat Sangh have been instrumental in reviving rivers and improving groundwater levels through community participation. Their efforts have been widely supported by the government.
• Public Awareness Campaigns: Partnerships between government agencies and NGOs, such as WaterAid India, have led to educational programs in cities like Kolkata and Bangalore. They educate communities about the importance of clean water, leading to greater public involvement in local water management efforts.

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Recently, the Supreme Court of India agreed to hear a plea seeking to redefine the contours of the constitutional immunity enjoyed by the Governor of a state.

• A three-judge SC Bench took up the issue of Governor’s immunity after a contractual employee of the West Bengal Raj Bhavan moved a petition against the Governor, alleging sexual harassment.

What is the Petition Seeking?

The woman petitioner is seeking the following:

• Call for immediate investigation: The petitioner argues that victims should not be rendered ‘remediless’, forced to wait until the governor leaves office, which could delay justice and impact the trial.
• Framing Specific Guidelines: The plea asks for directions to frame specific guidelines under which governors enjoy immunity from criminal prosecution.
• Police Probe: A thorough investigation by the West Bengal Police into the allegations of sexual harassment.
• Protection and Compensation: Protection for her and her family, and compensation from the government for her loss of reputation and dignity due to the state machinery’s failure to protect her identity.
• Questioning Absolute Immunity: The plea contends that the immunity under Article 361 should not be absolute, allowing illegal acts or acts that violate fundamental rights under Part III of the Constitution. 
  • It argues that this immunity should not impair police powers to investigate the offense or name the perpetrator in a complaint or FIR.  

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About Governor of a State

Part VI of the Constitution of India deals with the state executive. The state executive consists of the Governor, the Chief Minister, the Council of Ministers and the Advocate-General of the State.

• A Nominal Head: Governor is the nominal head at the state level.
  • Article 153 to Article 167 deals with the State Executive of which the Governor is the titular head and the Chief Minister who heads the Council of Ministers is the real head.
  • They also act as an agent of the central government. Thus, the office of governor serves a dual role.
• Appointment: Governor is appointed by the President under his/her hand and seal.
  • In 1979, the Supreme Court said that the office of governor is not an employment under the central government. 
  • It is an independent constitutional office and is not under the control of or subordinate to the central government.
  • India adopted the Canadian Model of appointment of Governor by the center.
    • Canadian Model: The governor of a province (state) is appointed by the Governor-General (Centre).
• Oath: Administered by the Chief Justice of the concerned High Court.
• Qualification: He/she should be a citizen of India and should have completed the age of 35 years.
  • Conventions for Appointment: He/she should be not from a state where he is appointed.
    • While appointing the governor, the President is required to consult the Chief Minister of the state concerned.
• Term of Office: He/she holds the office for a term of five years. However, his/her term is subject to the pleasure of the President.
  • The constitution has not laid down any grounds for the removal of the governor by president
  • A governor can also hold office beyond his/her term until his/her successor assumes charge.
• Evolution of the Governor’s Role from Colonial Agent to Constitutional Head:
  • GoI Act 1858: Transferred the responsibility of administration of India from the East India Company to the British Crown. It made them of the province an agent of the Crown working through the Governor General.
  • Montague-Chelmsford reforms, 1919: made small changes in the provincial government with an insignificant level of responsible government being introduced .
  • GoI Act, 1935: gave provincial autonomy with them being required to act on the advice of the Council of Ministers.
  • After 1947: The Adaptation order of 1947 made their function as per aid and advice of the council of ministers.
• Role of Governor: Governors in India have the responsibility of upholding and enforcing the Constitution and laws. The Constitution of India envisions a Parliamentary system for the states, similar to the governmental structure at the Centre.
  • Smooth Functioning of the State Government: According to Articles 153 and 154 of the Constitution, governors ensure the smooth functioning of state governments within the constitutional framework.
  • Executive Role: Article 154 specifies that the executive power of the State shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him/her in accordance with the Constitution of India.
• Powers: Governors in India possess discretionary constitutional powers, as defined by the Constitution, which they can exercise in specific situations. These powers enable governors to make critical decisions in the executive realm, particularly during times of political or administrative uncertainty.
• • A Governor possesses executive, legislative, financial and judicial powers that are more or less similar to those of the President of India. However, unlike the President, the Governor does not hold Diplomatic, Military, or Emergency powers.
  • Although these powers are constitutionally granted, they are subject to judicial review to ensure they are exercised within legal and proper bounds.

About Constitutional Immunity

It shields the President and Governor from criminal prosecution, and bars any judicial scrutiny of their actions.

• Origins of Governor’s immunity: The protection given to the President and the Governor can be traced to the Latin maxim rex non potest peccare or “the king can do no wrong”, which is rooted in English legal traditions.
• Article 361 of the Indian Constitution: It states that the President and the Governors shall not be answerable to any court for the exercise and performance of the powers and duties of his/her office or for any act done by him in the exercise and performance of those powers and duties, unless it is by Parliament for impeachment from office.
  • Aim: To ensure that they are not answerable to any court for the exercise and performance of their official powers and duties, nor for any acts done in the course of these duties.
  • Criminal Proceedings: No criminal cases can be initiated or continued against them, and no arrest or imprisonment orders can be issued by any court under Clause (2) of Article 361.  
  • Civil Proceedings: The Article mandates a two-month notice for any civil proceedings related to personal acts.
    • Additionally, Clause (3) of Article 361 restricts any arrest or imprisonment orders during their term.
    • No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his/her term of office.
  • Exception to Article 14: This article is an exception to Article 14 (right to equality) of the Constitution and provides that the President or the Governor is not answerable to any court for the exercise of the powers and duties of his/her office.
• Discussion in the Constituent Assembly: The Constituent Assembly discussed the introduction of Article 361 or Draft Article 302 as it was known then on September 8, 1949. 
  • Concerns Raised: On criminal immunity, Assembly Member H V Kamath raised certain following prescient questions:
    • Does this clause mean that no proceedings can be instituted against the President or the Governor during the whole prescribed term, or whether it means while he is in office only. 
    • If the President should remove “a Governor or a Ruler committing a criminal act” in case a prima facie case is made against the Governor concerned.
  • However, the article was adopted without any further debate on criminal immunity. 
    • In the last decade, the courts have shed light on what it means for criminal proceedings to be “instituted” against the Governor, and when the protection under Article 361(2) lapses.

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Various Judicial Pronouncements Related to Constitutional Immunity

Following are the various cases related to Constitutional Immunity in India:

• Rameshwar Prasad vs. Union of India, 2006:  The SC had to deal with the Governor’s immunity in civil cases after recommending the Bihar Assembly’s dissolution in 2005.
  • Ruling by the Court: In this case, the SC said that the Governor enjoys “complete immunity” under Article 361(1), however, it does not take away the power of the Court to examine the validity of the action including on the ground of malafides i.e., actions taken in bad faith.
    • The ruling is not for criminal complaints but for exercising discretionary constitutional powers or any official duties.
• Judgment by the Madhya Pradesh High Court: In 2015, the Court categorically held that Article 361(2) “guarantees absolute protection from any malicious campaign or publicity against the Head of a State, so as not to undermine the solemnity of that office”.
  • The observation came in a case pertaining to the Vyapam scam. The Governor was one of the accused in the scam, and the HC had to determine if the registration of an FIR against him would amount to criminal proceedings being “instituted” in the case.
  • Ruling by the Court: The HC allowed investigation in that FIR against other accused, while “effacing” the name of the Governor till he occupied the office. As he died in November 2016, the SC did not rule in appeal.
• Demolition of the Babri Masjid Case: In 2017, the Supreme Court allowed fresh charges of criminal conspiracy against UP Chief Minister Kalyan Singh in the 1992 demolition of the Babri Masjid. However, the trial did not take place since he was then the Governor of Rajasthan.
  • Ruling by the Court: The court held that, being the Governor of Rajasthan, he is entitled to immunity under Article 361 of the Constitution as long as he remains Governor of Rajasthan. 
    • The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor.

Major Constitutional Provisions associated with the Governor in India

The Governor has to exercise his/her powers and functions with the aid and advice of the Council of Ministers headed by the chief minister, except in matters in which he is required to act at his/her discretion (i.e., without the advice of ministers).

• Article 153: There shall be a Governor for each State provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States (7th Constitutional Amendment Act 1956).
• Article 154: The executive power of the state shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
  • Nothing in this article shall:
    • Be deemed to transfer to them any functions conferred by any existing law on any other authority; or
    • Prevent Parliament or the Legislature of the State from conferring by law functions on any authority subordinate to the Governor.
• Article 155: It deals with the appointment of Governors in India.
• Article 163: There shall be a Council of Ministers with the chief minister as the head to aid and advise them in the exercise of his/her functions, except insofar as he is required to exercise his/her functions in his/her discretion.
• Article 164: The Council of Ministers shall be collectively responsible to the legislative assembly of the state, the foundation of the Parliamentary system of government.
• Difference of Constitutional Position of Governor from the President: While the constitution envisages the possibility of the Governor (Article 163) acting at times in his/her discretion, no such possibility has been envisages for the President
  • After the 42nd Constitutional Amendment Act, ministerial advice was made binding on the President, no such provision has been made with respect to the Governor so far.

Various Cases and Recommendations associated with Governor’s Office in India

Following are the various cases and recommendations associated with Governor’s Office in India:

• The Administrative Reforms Commission, 1969: It recommended that non-partisan persons having long experience in public life and administration should be appointed as the Governors of a State.
• Shamsher Singh vs State of Punjab, 1974: The Supreme Court held that the Governor is bound to act in accordance with the aid and advice of the Council of Ministers headed by the Chief Minister. 
• Sarkaria Commission Report, 1988: It provides various important recommendations such as 
  • The Governor should be a detached figure without intense political links or should not have taken part in politics in the recent past.
  • Governors must not be removed before completion of their five-year tenure, except in rare and compelling circumstances and 
  • Article 356 should be used very sparingly and as a matter of last resort.
• SR Bommai vs Union of India, 1994: It was concerned with the use of Article 356 and the Governor’s power to dismiss a State Government. The Supreme Court ruled that whether the State Government has the majority should be tested on the floor of the House. 
  • It should not be based on the subjective assessment of the Governor.
• Rameshwar Prasad Case, 2006: The Supreme Court held that motivated and whimsical conduct of the Governor in recommending President’s rule is amenable to judicial review.
• BP Singhal vs Union of India, 2010: The Supreme Court ruled that even though the President could dismiss a Governor without having to provide reasons for doing so, this power could not be exercised in an “arbitrary, capricious or unreasonable manner”.
• Nabam Rebia vs Deputy Speaker, 2016: The Supreme Court confirmed that the Governor does not enjoy broad discretionary powers and is always subject to Constitutional standards. 
• National Commission to Review the Working of the Constitution (NCRWC), 2002: The Governor should be appointed by a Committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the State concerned.
• The Second Administrative Reforms Commission (ARC), 2008: The Inter-State Council needs to come up with some guidelines for governors to follow when they are using their discretionary power.
• Punchhi Commission, 2010: It recommended that the phrase “during the pleasure of the President” should be deleted from the Constitution and a fixed term of 5 years and removed through an impeachment process (similar to that of the President) by the State Legislature. 

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Various Concerns Associated with the Office of Governor

Following are the various challenges associated with Governor’s Office in India:

• Appointment: The elected government at the state is not even consulted while making appointments of the Governors. 
  • Also, politicians and former bureaucrats affiliated with the ruling party have been appointed in several instances as Governors, which led to questions on the post’s impartiality and non-partisanship.
  • Article 155 says that a governor should be appointed (rather than elected) from amongst persons of high status with eminence in public. 
• Influence of the Central Government: If the President withdraws his/her pleasure before the completion of five years, the Governor has to step down. Since the President acts on the aid and advice of the Prime Minister and the Union Council of Ministers, in effect, the Governor is appointed and removed by the central government.
  • Under Article 156, “the Governor shall hold office during the pleasure of the President”. 
• Arbitrary Removal: As there are no written grounds or procedures for removing governors, this leads to arbitrary removals especially when there is change of political power at the Union Government.
• On President’s Rule: The discretionary power of the Governor recommends the President’s rule (Article 356) on account of the failure of constitutional machinery in the state that has not always been based on ‘objective material’. 
  • Ambedkar hoped that such articles would never be called into operation and that they would remain a dead letter.
• No Clear Distinction Between Constitutional and Statutory Role: The constitutional mandate of the Governor to act on advice of the council of ministers is not clearly distinguished from his/her statutory authority as chancellor and has resulted in many conflicts between the governor and the state government. 
• On Convening and Dissolution of Assembly: The Governor has been associated with the politics of delay in the convening and dissolution of state legislative assembly.
• Delay in giving Assent to the Bills: As there is no time limit set for how long a Governor can withhold assent to a Bill passed by the State Legislature, it is misused by the Governor at various times.
  • Also, as per Article 200 of the Constitution, the governor can reserve certain types of bills passed by the State Legislature for the President’s consideration and the President can either give assent to it or ask the governor to send it back for the state legislature to reconsider it, along with his/her comments.
• Misuse of Discretionary power on Appointment of Chief Minister: Governors have been accused of playing a partisan role in the appointment of Chief Minister in cases where a single party lacks the majority.
  • After elections in the state, there is a convention to invite the largest party to form government in the state, which has been broken many times.

Way Forward

In context of misuse of Governor’s absolute immunity in India, following measures are suggested:

• Need to Frame Specific Guidelines: The time has come to frame specific guidelines under which governors enjoy immunity from criminal prosecution as various cases of misuse of immunity have been always in the news.
• Thorough Police Probe: A thorough investigation by the Police is required into the serious allegations on the Governor such as of the sexual harassment.
• Protection and Compensation: If misuse of immunity has been proven or even the case is considered, then protection of the victim and his/her family with adequate compensation should be provided.
• Bar on Absolute Immunity: The immunity under Article 361 should not be absolute, illegal acts or acts that violate fundamental rights under Part III of the Constitution should be exempted from the clause of absolute immunity. 

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Conclusion

In India, this discussion of immunity has to be viewed in the larger context of the tussle between the office of the Governor, and governments in opposition-ruled states. The debate on whether executive immunity is a blanket protection has been taking place in other countries as well. 

• Example: Recently, the US Supreme Court decided that any former US President is entitled to “absolute immunity” from criminal prosecution for official acts but not unofficial or personal acts. 

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