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Nov 07 2023

Context:

Working Hours in India

  • According to the International Labour Organisation (ILO) data (April 2023), the ranking is based on taking the average number of hours per week for each employed person in India, which works out to 47.7 hours.
  • This figure shows that Indians work longer than workers in China (46.1 hours), Vietnam (41.5 hours), Malaysia (43.2 hours), the Philippines (39.2 hours), Japan (36.6 hours), the United States (36.4 hours) and the United Kingdom (35.9 hours).  
  • But Indians work less than in smaller countries with small populations such as Bhutan, the Congo, Lesotho, and Gambia.

Indians Are 6th Most Hard Working Globally

Productivity:

  • The issue, as many industrialists who engaged with Murthy in the debate, is not hours but productivity.
  • India is ranked at 131 out of 189 countries based on GDP per hour worked (GDP constant in 2017) for 2021, adjusted for purchasing power parity. 
  • Based on this parameter, India is pegged at $8.47 dollars, lower than Vietnam ($10.22), the Philippines ($10.07), Indonesia ($12.96), China ($13.35), Mexico ($20.23) and Malaysia ($25.59) – countries with which India either competes for exports or woos for investment.
  • India’s annual growth rate of output per worker was up by only 3.1 percent in 2022, much lower than Vietnam (4.8 percent), China (3.4 percent), Cambodia (3.6 percent), and even Bangladesh (4.1 per cent).   
  • For some perspective, while India’s output per worker fell in both 2019 (by 2.9 percent) and 2020 (minus 2 percent) to recover by 3.5 percent in 2021, China saw massive growth in these two years of 6.4 percent and 6 percent, respectively, slowing down to 3.6 percent in 2021.  Vietnam recorded a similar trajectory for the same period.

Wages

  • According to Morgan Stanley Research, manufacturing wages in India are $0.8 per hour. 
  • In China, they are eight times higher, in Malaysia almost six times higher and in Vietnam twice as high. Only Indonesia at $1 per hour was the closest to India out of the competing countries.

Source: Business Standard

 

Context:

  • Admiral Hari Kumar  termed the IPMDA initiative as a significant endeavour aimed at enhancing the security and stability of the Indo-Pacific region.

What is the Indo ­Pacific Maritime Domain Awareness (IPMDA) initiative?

  • The IPMDA initiative was announced by the Quad (India, Japan, Australia and the USA) countries in 2022.
  • IPMDA is a technology and training initiative to enhance maritime domain awareness in the Indo-Pacific region and to bring increased transparency to its critical waterways.
  • It harnesses innovative technology, such as commercial satellite radio frequency data collection, to provide partners across Southeast Asia, the Indian Ocean region and the Pacific with near real-time information on activities occurring in their maritime zones.
  • The IPMADA initiative also involves regional information centers, helping to establish a common operating picture of the maritime domain across the Indo-Pacific region.
  • Objective:
    • To track “dark shipping” and build a “faster, wider, and more accurate maritime picture of near-real-time activities in partners’ waters”.
    • Integration of three critical regions in the Indo-Pacific – the Pacific Islands, Southeast Asia, and the Indian Ocean Region.
  • Significance:
    • IPMDA initiative will offer an integrated and cost-effective maritime domain to partner countries.
    • It will enable countries to monitor illegal fishing even when the boats have turned off the transponders which are typically used to track vessels. 
      • Several countries in the Indo-Pacific region have complained about China’s vast fishing fleet, saying its vessels often violate their exclusive economic zones and cause environmental damage and economic losses.
Dark Ships

  • “Dark Ships” are vessels with their Automatic Identification System (AIS) – a transponder system – switched off so as not to be detectable.

Maritime Domain Awareness

  • Maritime domain awareness is the effective understanding of anything associated with the maritime domain that could impact security, safety, the economy or the marine environment,” according to the International Maritime Organization (IMO). 


News Source:
The Hindu

 

Context:

  • Recently,  ‘State of Climate Services for health report 2023’ was released by the World Meteorological Organization (WMO).

State of Climate Services Report 2023

  • The State of Climate Services Report 2023 highlights the need for tailored climate information and services to support the health sector in the face of more extreme weather and poor air quality, shifting infectious disease patterns and food and water insecurity.
World Meteorological Organisation (WMO)

  • It was established in 1950 as a specialized agency of the United Nations (UN).
  • India is a member of WMO.
  • Headquarters:  Geneva, Switzerland.

State of Climate Services Report 2023 – Key Findings

  • Projected Increase in Disaster Events by 2030: The number of medium- or large-scale disaster events is projected to reach 560 a year – or 1.5 each day – by 2030.
  • Disaster Mortality Disparities Due to Early Warning Coverage: Countries with limited early warning coverage have disaster mortality that is eight times higher than countries with substantial to comprehensive coverage.
  • Early Warnings for All Initiative’: Heat warning services are provided to health decision makers in only half of the affected countries, but are expected to rapidly increase by 2027 under the international Early Warnings for All initiative.
  • Annual Heat-Related Deaths (2000-2019): Between 2000 and 2019, estimated deaths due to heat were approximately 489,000 per year, with a particularly high burden in Asia (45%) and Europe (36%). 
    • Impact of Extreme Heat in Europe: Extreme heat conditions during the summer of 2022, were estimated to have claimed over 60,000 excess deaths in 35 European countries.
  • Increasing Global Land Area Affected by Extreme Drought (2012-2021): In 2012-2021, 29% more global land area was affected by extreme drought for at least one month per year than in 1951–1960. 
  • Compounding Impacts of Droughts and Heat Waves on Food Insecurity (2020): The compounding impacts of droughts and heat wave days were associated with 98 million additional people reporting moderate to severe food insecurity in 2020 than annually in 1981–2010, in 103 countries analyzed.
  • Impact of Climate Change on Infectious Diseases Transmission:The changing climatic conditions are also enhancing the transmission of many climatically sensitive infectious vectors-, food-, and water-borne diseases. 
    • For example, dengue is the world’s fastest-spreading vector-borne disease, whilst the length of the malaria transmission season has increased in parts of the world.

Framework for 2023–2033 Implementation Plan for Advancing Integrated Climate, Environment and Health Science and Service

Success stories

  • In Africa, food security and shock response systems support social protection in Mauritania and the Sahel. 
  • In Europe, a mobile app has been developed to provide information on the risks of heatwaves and air pollution in urban environments. 
  • In the Pacific, enhanced integrated risk monitoring and climate-informed early warning systems have helped people in Fiji better prepare and respond to climatic changes, reducing morbidity and mortality from climate-sensitive diseases.
    • Australia played a leading role in the development of a Sun-Smart App to protect people against harmful UV levels.


News Source:
reliefweb

 

Context:

  • In a groundbreaking study, scientists have proposed that the mysterious “blobs” deep within Earth’s mantle are actually remnants of a protoplanet named Theia.

Theia and Earth’s Collision

  • Theia is theorized to have collided with Earth around 4.5 billion years ago, an event that not only led to the formation of the Moon but also left behind parts of Theia near Earth’s core. 
Theia 

  • Theia is a hypothesized ancient planet in the early Solar System that, according to the giant-impact hypothesis, collided with the early Earth around 4.5 billion years ago.

Key Findings of Study

  • Seismologists have recognized  since the 1970s that two mysterious continent-sized blobs reside in the deepest part of Earth’s mantle, one under Africa and the other under the South Pacific region.
  • These blobs, denser than the material surrounding them, may be relics from a cataclysm early in our planet’s history hypothesized to have spawned the moon – the collision between primordial Earth and a Mars-sized object called Theia.
  • The researchers ran computer simulations examining the impact event, geophysical properties of the material that likely made up Theia and the evolution of Earth’s mantle – the broadest of the layers that comprise our planet’s interior structure at about 1,800 miles (2,900 km) thick.
  • Based on these simulations, they proposed that most of Theia was absorbed into Earth, forming the blobs, while residual debris formed the moon
  • The bottoms of these blobs are 2,900 kilometers below our feet. The two blobs are about 2% of Earth’s mass. 
  • If the study’s conclusions are correct, these blobs would represent elusive evidence right here on Earth of the hypothesized moon-forming collision.

News Source: The Hindu

 

Context:

  • Senior bureaucrat Heeralal Samariya was sworn in as the chief of the Central Information Commission (CIC).

RTI Act 

About Central Information Commission (CIC)

  • It is a statutory body constituted under the provision of Section-12 of the RTI Act 2005,  the Central Government constitutes a body to be known as the Central Information Commission.
  • The CIC shall consist of the Chief Information Commissioner (CIC) and such number of Central Information Commissioners not exceeding 10 as may be deemed necessary.
  • Jurisdiction:  It extends over all Central Public Authorities.
  • Appointment Process of CIC/IC: The selection committee of CIC/IC consists of 
    • The Prime Minister, who shall be the Chairperson of the committee;
    • The Leader of Opposition in the Lok Sabha
    • A Union Cabinet Minister is to be nominated by the Prime Minister.
  • Term of office: The Chief Information Commissioner(CIC) and Information Commissioner(ICs) will hold office for a term of three years.
    • CIC is not eligible for reappointment.
  • Oath of Office:  Administered by the President of India.
  • Retirement from parent service on appointment: The CIC/IC as the case may be, shall be deemed to have retired from such service with effect from the date of his appointment as  CIC/IC in the Central Information Commission.

Powers And Functions Of Information Commissions

  • The Central Information Commission/State Information Commission has a duty to receive complaints from any person.
  • Power to order inquiry if there are reasonable grounds.
  • CIC/SCIC will have powers of Civil Court such as – 
    • summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
    • requiring the discovery and inspection of documents; 
    • receiving evidence on affidavit;
    • requisitioning public records or copies from any court or office 
    • issuing summons for examination of witnesses or documents
    • any other matter which may be prescribed.

News Source: PIB

 

Context:

  • Recently, the Prime Minister of India conveyed to Bhutanese King Jigme Khesar Namgyel Wangchuck India’s full support to the socio-economic development of Bhutan.

Key Outcomes of India Bhutan Talks

  • Both countries agreed on:
    • A final location survey for the proposed cross-border rail link connecting Kokrajhar in Assam to Gelephu in Bhutan.
    • To consider establishing a rail link between Banarhat in West Bengal and Samtse in Bhutan.
    • Assessed expanding cooperation such as cross-border trade infrastructure, trade and mutual investments, energy, health, education, space technology, and people-to-people contacts.
    • To strengthen trade infrastructure with the upgradation of an existing land customs station at Dadgiri (Assam) to a modernized “Integrated Check Post” (ICP)  along with “development of facilities on the Bhutanese side at Gelephu”, indicating India’s support to the Bhutanese Special economic zone project.
  • The Bhutanese side thanked the government of India for the timely release of development assistance to ensure the smooth and uninterrupted conclusion of crucial projects under the 12th Five-Year Plan (2018-2023).

News Source: The Hindu

 

Context:

  • A controversial video circulating online shows actress Rashmika Mandanna entering an elevator, but it’s actually a ‘deep fake.’ 
  • The original video features Zara Patel, a British Indian girl, with Mandanna’s face digitally inserted. This has sparked a major internet controversy.

Deepfake Technology – Increasing Threat of DeepFake Identities

  • A recent survey on deep fake content reveals that adult content makes up 98 per cent of all deepfake videos online. 
  • 99 percent of realistic-looking pornography features female subjects. 
  • India ranks 6th among the nations most susceptible to deep fake adult content.

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What is Deepfake Technology?

  • Deep Fakes are a compilation of artificial images and audio put together with machine-learning algorithms to spread misinformation and replace a real person’s appearance, voice, or both with similar artificial likenesses or voices. 
  • Origin of the Term: The term deep fake originated in 2017 when an anonymous Reddit user called himself “Deepfakes.” 
    • This user manipulated Google’s open-source, deep-learning technology to create and post pornographic videos.

Deepfake Technology

  • The application of a technology called Generative Adversarial Networks (GAN), which uses two AI algorithms — where one generates the fake content and the other grades its efforts, teaching the system to be better — has helped come up with more accurate deepfakes.
    • A Generative Adversarial Network (GAN) is a deep learning architecture that consists of two neural networks competing against each other in a zero-sum game framework.

Types of Deepfake Technology 

  • Deepfake Videos and Images: Involves altering or fabricating content to display behavior or information different from the original source. Deepfake Audio: Poses a threat to voice-based authentication systems, especially for individuals with widely available voice samples like celebrities and politicians. 
    • Textual Deepfakes: Refers to written content that appears to be authored by a real person.

Deepfake Technology

  • Notable Impersonations: Deepfake technology has been used to impersonate prominent figures, including former U.S. Presidents Barack Obama and Donald Trump, India’s Prime Minister Narendra Modi, Facebook CEO Mark Zuckerberg, and Hollywood actor Tom Cruise, among others.
  • Prevalence of Deepfake (Refer Image)

Deepfake Technology

Spotting Deepfakes 

  • Unnatural Eye Movements: Look for irregular eye movements, as genuine videos have smoother eye coordination with speech and actions.
  • Mismatches in Color and Lighting: Check for inconsistencies in lighting on the subject’s face and surroundings.
  • Compare Audio Quality: Deepfake audio may have imperfections, so compare it with the video’s visual content.
  • Strange Body Shape or Movement: Watch for unnatural body proportions or movements, especially during physical activities.
  • Artificial Facial Movements: Identify exaggerated or unsynchronized facial expressions that don’t match the video’s context.
  • Unnatural Positioning of Facial Features: Look for distortions or misalignments in facial features.
  • Awkward Posture or Physique: Pay attention to awkward body positions, proportions, or movements that seem implausible.

What are the impacts of Deepfake Technology?

  • Victims of Deep Fake Pornography: The primary victims of malicious deepfake technology are women, with over 96% of deepfakes being pornographic videos. This type of content threatens, intimidates, and psychologically harms individuals. 
    • As of September 2019, 96 per cent of deepfake videos online were pornographic, primarily categorised as “revenge porn”, according to the report of a company called Sensity.
    • Character Assassination: Deepfakes can portray individuals engaging in antisocial behaviors and saying false things they never did. Even if victims can prove their innocence, the damage is often already done.
    • In 2018, A video of former US president Barack Obama was posted on the internet verbally abusing Donald Trump.

Deepfake Technology

  • Erosion of Trust in Media: Deepfake technology contributes to a decline in trust in traditional media. This erosion can lead to a culture of factual relativism, damaging civil society.
    • For example: In 2022, a Ukrainian television news outlet, Ukraine 24, claimed that its live broadcast and website were hacked, and during the hack, a chyron falsely stating that Ukraine surrendered was displayed. 
    • Additionally, a deep fake video of Ukrainian President Volodymyr Zelensky appeared to be circulating online, in which he seemingly urged Ukrainians to surrender
  • National Security Threat: Malicious nation-states can use deepfakes to undermine public safety, create chaos, and sow uncertainty in target countries. This technology can also undermine trust in institutions and diplomacy.
    • On May 22, a deepfake image purporting to show a towering column of dark smoke rising from the Pentagon received sober coverage from a few Indian television news channels.
  • Non-State Actors: Insurgent groups and terrorist organizations can use deepfakes to manipulate and spread inflammatory speeches or provocative actions to incite anti-state sentiments among the public.
    • For instance, a terrorist organisation can easily create a deepfake video showing western soldiers dishonouring a religious place to flame existing anti-West emotions and cause further.
  • Liar’s Dividend: The existence of deepfakes can lead to the dismissal of genuine information as fake news. Leaders may use deepfakes and alternative facts to discredit actual media and truths.
  • Scams and Hoaxes: These fakes can be used to impersonate individuals for fraudulent activities.
    • According to one of Speechify’s blog posts, back in 2020, a manager from a bank in the U.A.E., received a phone call from someone he believed was a company director. The manager recognised the voice and authorised a transfer of $35 million. 

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What is India’s Stand on Dealing with Deepfake Technology?

  • In India, however, there are no legal rules against using deepfake technology. 
  • However, specific laws can be addressed for misusing the tech, which includes Copyright Violation, Defamation, and cyber felonies.

Also Read: IT Rules under scrutiny: Due to Deepfake Threats

Laws against Deepfake Technology in India

  • IT Act of 2000 – Section 66E: This section is applicable in cases of deepfake crimes that involve capturing, publishing, or transmitting a person’s images in mass media, violating their privacy. 
    • Offenders can face imprisonment for up to three years or a fine of up to ₹2 lakh.
  • IT Act of 2000 – Section 66D: This section allows for the prosecution of individuals who use communication devices or computer resources with malicious intent to cheat or impersonate someone. 
    • It can result in imprisonment for up to three years and/or a fine of up to ₹1 lakh. 
  • Copyright Protection: The Indian Copyright Act of 1957 provides copyright protection for works, including films, music, and other creative content. 
    • Copyright owners can take legal action against individuals who create deepfakes using copyrighted works without permission. 
    • Section 51 of the Copyright Act provides penalties for copyright infringement.
  • Government Advisory: On January 9, 2023, the Ministry of Information and Broadcasting issued an advisory to media organizations to exercise caution when airing content that could be manipulated or tampered with. 
    • The Ministry also recommended labeling manipulated content as “manipulated” or “modified” to inform viewers that the content has been altered.

Global Initiatives to Combat Deepfake Technology

  • China: China has implemented a policy that requires deepfake content to be labeled and traceable to its source. Users need consent to edit someone’s image or voice, and news from deepfake technology must come from government-approved outlets.
  • European Union (EU): The EU has updated its Code of Practice to combat the spread of disinformation through deepfakes. 
    • Tech giants like Google, Meta (formerly Facebook), and Twitter are required to take measures to counter deepfakes and fake accounts on their platforms. 
    • Non-compliance can result in fines of up to 6% of their annual global turnover. 
    • The Code of Practice, introduced in 2018, aims to bring together industry players to combat disinformation.
  • United States: The U.S. introduced the bipartisan Deepfake Task Force Act to assist the Department of Homeland Security (DHS) to counter deepfake technology. 
    • The U.S. established a Deepfake Task Force Act to counter deepfake technology, requiring annual studies and countermeasure development.

Solutions to Combat Deepfake Technology

  • Enhanced Media Literacy: Media literacy efforts must be enhanced to cultivate a discerning public. Media literacy for consumers is the most effective tool to combat disinformation and deepfakes.
  • Regulations: Implement meaningful regulations through collaborative discussions involving the technology industry, civil society, and policymakers. 
    • These regulations should disincentivize the creation and distribution of malicious deepfakes.
  • Social Media Platform Policies: Encourage social media platforms to take action against deepfakes. Many platforms have already established policies or acceptable terms of use for deepfakes. 
    • These platforms should act to add dissemination controls or differential promotional tactics like limited sharing or downranking to stop the spread of deepfakes on their networks. 
    • Example: Labelling content is another effective tool, which should be deployed objectively and transparently, without any political bias or business model considerations.
  • Technology Solutions: Develop accessible and user-friendly technology solutions to detect deepfakes, authenticate media, and promote authoritative sources. 
  • Individual Responsibility: Every individual should take responsibility for being critical consumers of online media. Before sharing content on social media, pause and think about its authenticity. Contributing to a solution to combat the “infodemic” by practicing responsible online behavior is essential.
  • Establish a Research and Development Wing: India can consider establishing a dedicated research and development entity similar to DARPA, which has been at the forefront of deepfake detection technologies. 
    • The Defense Advanced Research Projects Agency (DARPA), a pioneer research and development wing of the US Department of Defense (DoD), invested heavily in detection technologies through two overlapping programmes: Media Forensics (MediFor), which ended in 2021, and Semantic Forensics (SemaFor). 
    • These programmes aimed to develop advanced technologies for detecting deepfake media, including images and videos. 

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Conclusion:

The rise of deepfake technology poses significant threats to individuals, societies, and national security, prompting a need for global collaboration, regulatory measures, enhanced media literacy, and technological solutions to mitigate its harmful impacts and ensure the responsible use of artificial intelligence in the digital age.

 

Mains Question: Examine the concept of Deepfakes, and the potential risks associated with their use. What are the solutions to mitigate the threats posed by deepfake technology? (250 words, 15 Marks)

 

Context:

States in Supreme Court – Governors’ Delay in Bills 

  • Supreme Court’s concern over Governor’s inaction: The SC voiced concern over Governors not acting on bills passed by state legislatures and directed the Solicitor General (SG) to place on record the details of action taken by the Punjab Governor on the bills cleared by the assembly.
  • Unnecessary Litigation: The SG told the bench that the Governor has taken action on the bills placed before him and that the plea filed by the Aam Aadmi Party (AAP) government in the state is an unnecessary litigation.
  • Recently, Kerala and Tamilnadu State governments have also moved the SC seeking that it instructs Governors that they cannot indefinitely delay assent to Bills that a state Assembly has passed.

What is a Case in the Supreme Court? 

  • The Punjab government had moved the SC over an alleged delay in the Governor giving assent to bills passed by the state assembly. The governor had said he withheld his approval to three money bills.
    • (Punjab Fiscal Responsibility and Budget Management (Amendment) Bill, 2023, the Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023).
  • Reason given by Governor: The governor had said the October 20-21 session, which was projected as an extension of the budget session, was “bound to be illegal” and any business conducted during it “unlawful”.
  • Other Bills waiting Assent: The Sikh Gurdwaras (Amendment) Bill, 2023, the Punjab Universities Laws (Amendment) Bill, 2023, the Punjab Police (Amendment) Bill, 2023, and the Punjab Affiliated Colleges (Security of Service) Amendment Bill, 2023 are awaiting the governor’s assent. 
    • These bills were passed during the June 19-20 session of the Punjab Assembly, which the governor had termed “patently illegal”.

Governor’s Power over State Bills

  • Article 200 of the Constitution gives three options to the governor when a Bill is presented to him after a state legislative Assembly (and the legislative council wherever existent) passes it. 
    • Assent: The Governor can assent to the Bill, making it a law.
    • Withhold Assent: The Governor can withhold assent, preventing the Bill from becoming a law.
    • Reserve for President’s Consideration: The Governor can reserve the Bill for the consideration of the President if it affects the powers of the High Court.
  • Return for Reconsideration: If the Bill is not a Money Bill, the Governor can return it to the legislature for reconsideration.
  • The governor has to assent to the Bill even if the Assembly passes the Bill again without accepting any of the governor’s suggestions. 
  • The governor can refer a Bill to the President if the Bill encroaches upon any rights of the High Court or, in the governor’s discretion, a subject in the Concurrent list.
  • The withholding of the assent option is not normally done by any Governor because it would be an extremely unpopular action.
  • The fact that the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill shows that this power should be exercised by the Governor extremely sparingly and after very careful consideration of the consequences of such action.

Also Read: State Bills and the Veto Power of the Governor 

What are the Legal Arguments against Delaying Assent?

  • States Constitutional Obligation: 
    • The legislature reflects the will of the people and is the constitutionally designated body to make laws with respect to subjects mentioned in the ‘State list’.
    • However, sitting on a Bill passed by the Assembly is not an option given by the Constitution. By doing so, a governor is acting against the constitutional direction.
  • SC Ruling: Recently, SC in The State Of Telangana Versus Governor For The State Of Telangana & Anr held that the first provision to ‘Article 200’ states that the Governor may “as soon as possible after the presentation” of the Bill for assent, return the Bill if it is not a Money Bill together with a message for reconsideration to the House or Houses of the State Legislature. 
    • The expression “as soon as possible” has significant constitutional content and must be borne in mind by constitutional authorities.
  • Practice Followed in Other Countries: The refusal of assent is a practice which is not followed in other democratic countries. In some contexts, it is unconstitutional or the Constitution itself provides a remedy so that the Bill passed by the legislature could become law even after the refusal of assent.
For Example:

In the United Kingdom: The royal assent is necessary for a Bill to be passed by Parliament to become law and the crown has the power to withhold assent. But it is a dead letter. By practice and usage there is no power of veto exercised by the crown in England now. 

  • Moreover, refusal of royal assent on the ground that the monarchy strongly disapproves of the Bill or that the Bill is very controversial is treated as unconstitutional.

In the United States: The President is empowered by the Constitution to refuse assent and return a Bill to the House but if the Houses again pass it with two-thirds of each House the Bill becomes law.

Way Forward

  • Clarification of Reasonable Time Limit: The SC has observed that the Governor should not unduly delay in granting or withholding assent. A clear definition of a “reasonable time limit” would provide more transparency and predictability in the process.
    • Justice Rohinton F. Nariman, in his 2020 judgment in the Keisham Megha Chandra Singh case, said a ‘reasonable time’ would mean three months.
  • Doctrine of Neutrality: Through its various judgments, the Supreme Court has highlighted the need for authorities like the Speaker and Governor to be faithful to the doctrine of neutrality and not vacillate under “prevailing political pressures” thus maintaining Political Neutrality.
    • Governor as impartial constitutional head of state ensuring that the legislature functions effectively and that the Bills passed are in consonance with the Constitution.
  • Judicial Review: The judiciary should continue to play an active role in reviewing the Governor’s actions and ensuring that the power to withhold assent is not misused.
  • Cooperation and Consultations: The Governor should actively engage in consultation and dialogue with the Chief Minister and the legislature before taking any decision regarding assent or reservation of Bills. This would foster better understanding and cooperation between the executive and the legislature.
    • The 1988 Sarkaria Commission report on Centre-State relations had suggested consultation with the Governor while drafting the Bill and fixing a deadline for its disposal.
Constitutional Protection to Governors:

Article 361 of the Constitution prohibits the court from initiating proceedings against a Governor or the President for any act done in the exercise of their powers.

  • However, This point has been settled by a Constitution bench of the Supreme Court in Rameshwar Prasad and Ors. vs Union Of India and Anr. 
  • The Court held: “the immunity granted by Article 361(1) does not, however, take away the power of the Court to examine the validity of the action including on the ground of malafides”

Conclusion:

The SC needs to safeguard the balance of power between the state legislature and the Governors. All constitutional authorities are required to act in a reasonable manner. Unreasonable acts are unsustainable in law.

 

Prelims Question (2018)

If the President of India exercises his power as provided under Article 356 of the Constitution of a particular State, then 

(a) The Assembly of the State is automatically dissolved.

(b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) The President can make laws relating to that State.

Ans: (b)

 

Mains Question: Discuss the role of Presiding Officers of state legislatures in maintaining order and impartiality in conducting legislative work and in facilitating best democratic practices.

 


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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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