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Nov 04 2023

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States Challenge Governors’ Authority: Tamil Nadu and Kerala Move Supreme Court

November 4, 2023

Context:

State Governors in India – Key Points

  • Appointment: As per Article 153 of the Indian Constitution, there shall be a Governor for each State, who shall be appointed by the President of India by warrant under his/her hand and seal.
  • Executive Head: The Governor is the executive head of the State like the President for the Union.

Governors’ Bill Assent – Powers of the Governor Under Article 200 

  • Constitutional Authority: Article 200 of the Indian Constitution empowers Governors to promptly grant assent, withhold, or reserve bills for the President’s consideration. They may return non-money bills for legislative reconsideration.
  • Immediate Action: As emphasized by the Supreme Court in response to a petition by the Telangana government, the phrase “as soon as possible” in Article 200 carries a constitutional imperative for swift bill evaluation.

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

Challenges

  • Absence of a Time-Frame: This absence of time-frame for giving assent is misused by some Governors to delay and block the laws passed by the legislature. 
  • Misconception as a Right to be Chancellor: Some Governors thought that they have a right to be chancellors and tend to delay assent to any Bill that reduces or removes their power. 

Governors as Chancellors of Universities

  • Only a Practice: The idea of having Governors as ex-officio vice-chancellor of most universities is only a practice and is actualised through their founding statutes.
  • Against Amendments: Some Governors appear to be hostile with the idea of amendments to university laws if they seek to leave out Chancellors, from the process of appointing vice-chancellors, or establishing new universities in which Governors are not chancellors. 
  • Recommendation by Justice M.M. Punchhi Commission on Centre-State Relations: It is time to have a national prohibition on Governors being burdened with the role of chancellor of any university.

The Path Ahead

  • Prudent Decision: States ought to be prudent in their decision-making without leaving scope for questions on the merit of their decisions. 
  • Adequate Laws and Legislation: There should be clear and demarcated laws that prevent any scope of misconception or misuse of power.
    • For example, the absence of any laid-down process to seek applications and assess the relative merits of applicants before appointing the chairperson and the members of the Tamil Nadu Public Service Commission is an issue. 
  • Collaboration: Governors are explicitly restricted in their functioning by the ‘aid and advice’ clause in the Constitution and ought not to misuse the discretionary powers available to them.
  • Efficiency and Transparency: Both the elected and appointed officials are required to work with best of their efficiency in a transparent manner with a high moral and professional ethics to avoid such a conflict and achieve the desired result of serving best to the public.

Conclusion:

The ongoing legal challenge by Tamil Nadu and Kerala highlights the need for a judicious balance between the constitutional authority of State Governors and the imperative for efficient, transparent governance to prevent potential misuse of power and delays in decision implementation.

 

Prelims Question (2021)

With reference to India, consider the following statements:

1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.

2. State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Ans: (b)

 

Mains Question: Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 words, 15 Marks)

 

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The Indian Institute of Technology (IITs) are Overcommitted, in Crisis

November 4, 2023

Context:

Indian Institutes of Technology (IITs) – Key Points

  • Identity: Indian Institutes of Technology (IITs) are globally renowned as India’s premier higher education institutions.
  • Establishment: The first Indian Institutes of Technology was founded in 1950 in Kharagpur, West Bengal, followed by four more within a decade.
  • Expertise: They recruited Indian scholars educated in top foreign universities, eager to contribute to national development.
  • Expansion: From 2015 onwards, the government extended the IIT system, adding seven more institutions, often in non-metropolitan areas.

Foreign Adventures of Indian Institutes of Technology (IITs)

  • Admission Standards: Unlike at home, the admission process is based on the IIT Madras Zanzibar Selection Test (IITMZST) 2023 screening test followed by an interview. 
  • High Inclusion: Some of the screening test centers offered to potential applicants were located not only in Tanzania but also in Ethiopia, Nigeria, Kenya, Uganda and the United Arab Emirates (which has a strong presence of the Indian diaspora).
  • Arising Questions:
    • Faculty: How many of the faculty in Zanzibar are from the Chennai campus — and will they stay in Zanzibar? 
    • Infrastructure: The campus is under renovation. Are there appropriate laboratories, access to IT, and related amenities? 
    • Less Enrollment: The Zanzibar campus is open to students from across the globe, while only 70 students have enrolled. 

What is the significance of the Indian Institutes of Technology (IITs)?

  • Renowned: They are the only Indian higher education institutions known internationally at all. 
  • Result Oriented: They have produced leaders in high tech and related fields in India and abroad. 
  • High Enrollment: The enrolment in all the 23 IITs has expanded to more than 1,20,000, with 25,237 students graduating in 2022-23, marking a clear indication of more access and opportunity.

What are the challenges associated with the Indian Institutes of Technology (IITs)?

  • Lacking Quality Standards: The new IITs have struggled to meet the high standards of the traditional institutes. 
    • Some were created by upgrading existing institutions such as the Indian School of Mines Dhanbad, while others were “greenfield” start-ups. 
  • Unwillingness to Join: Top professors are often unwilling to work in isolated places, and the best students are also hesitant to enroll. 
  • Uncompetitive Salaries as per International Standards: Attracting the best, the brightest professors and foreign-trained Indians are difficult due to dramatically below international standards salaries. 
  • Inferior Environment: Foreign-trained Indians are also reluctant with inferior work environments and more academic bureaucracy. 
  • Severe Shortage of Academics: In the IIT system, in 2021, out of the 10,881 of the sanctioned posts 4,370 were vacant.

The Way Forward

  • To maintain the prestige of the IIT system, there is a need to focus and work upon:
    • Building quality in the new IITs
    • Maintaining faculty quality
    • Attract young professors committed to the IIT idea and to India’s development 

Also Read: Dr. Somnath Explains Why IITians Shy Away from Joining ISRO

Conclusion:

Expanding the system domestically and building overseas branch campuses as part of India’s soft power efforts can be fruitful only if the above mentioned challenges can be tackled.

 

Mains Question: Skill development programmes have succeeded in increasing human resources supply to various sectors. In the context of the statement analyse the linkages between education, skill and employment.

 

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India Bhutan Relations – Bhutan King’s India Visit

November 4, 2023

Context:

  • This article is based on an Editorial “India’s emerging challenge in Bhutan” which was published in the Business Standard. Bhutan King Jigme Khesar Namgyel Wangchuck will begin an eight-day visit to India, a trip that comes amid renewed push by Bhutan and China for an early settlement of their boundary dispute.
Background of India Bhutan Relations

  • India and Bhutan share unique bilateral relations based on mutual trust, goodwill and understanding. 
  • Basic Framework: Treaty of Friendship and Cooperation signed in 1949 between the two countries, which was renewed in 2007 serves as the basic framework.
  • Spiritual Kinship: Bhutan considers India as “gyagar,” the sacred land where Buddhism originated. Buddhism has kept the ties between the two countries resilient. 

Significance of India Bhutan Relations

  • High-level Exchanges: 
    • The 720 MW Mangdechhu Hydro Project
    • The Ground Earth Station of ISRO for utilization of the South Asian Satellite
    • Extension of interconnection between the National Knowledge Network of India and Bhutan’s Research and Education Network 
  • Trade and Economic Relations Between India and Bhutan: India is Bhutan’s top trade partner and India Bhutan Agreement on Trade, Commerce and Transit establishes a free trade regime and also provides for duty free transit of Bhutanese exports to third countries. 
  • Hydropower Cooperation between India and Bhutan: Mutually beneficial hydro-power cooperation is covered under the 2006 bilateral agreement for cooperation and its Protocol signed in 2009. 
  • Security and Geostrategic Aspect: Bhutan acts as a buffer between India and China. It has cooperated with India and helped to remove militant groups like United Liberation Front of Asom (ULFA) and National Democratic Front of Bodoland (NDFB) from the Himalayan nation. 
  • Multilateral Cooperation: Both are members of various regional groupings, including SAARC (South Asian Association for Regional Cooperation) and BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation).
  • New Areas of Cooperation: Bilateral cooperation has moved into new and emerging areas with full interoperability of the flagship digital project RuPay, Bhutan became the second country to launch the BHIM app, etc.

What are the challenges between India Bhutan relations?

  • Normalizing Bhutan and China Relations: In October 2023, during the 25th round of border negotiations both aimed at ending the decades-old territorial disputes. 
    • For China, diplomatic relations and dispute resolution with Bhutan is crucial for its status as an Asian power, and for improving its offensive position vis-a-vis India.

Bhutan King

  • Security Concerns: The China-Bhutan boundary talks are raising security concerns for India as they cover the trijunction near the crucial Siliguri Corridor that connects India’s North East with the rest of the country. 
  • Bhutan may Join Belt and Road Initiative (BRI): India’s reservations about the BRI and its impact on the region, particularly in terms of sovereignty and debt implications, could cause friction given Bhutan’s strategic location.
  • Economic Diversification: China’s exports to Bhutan have increased from Rs 200 crore in 2020 to Rs 1,500 crore in 2022. 
  • The Bangladesh, Bhutan, India, Nepal (BBIN) Motor Vehicle Agreement: Bhutan withheld its ratification of the agreement, citing environmental concerns.
    • BBIN is a sub-regional initiative to improve economic cooperation and connectivity while bypassing complex political issues of SAARC.

Way Forward for the India Bhutan Relations

  • India’s Diplomatic Balancing: India needs to maintain a strategic silence, indicating it does not anticipate these developments to harm its interest.
  • Maintain Trust and Goodwill: India and Bhutan are based on mutual trust, goodwill and understanding, favoring India over China.
  • Improving Security Cooperation: India’s deployment of the Military Training Team (IMTRAT) in Bhutan has been crucial for training Bhutanese security forces. 
  • Cultural and People-to-People Relations: Strengthening cultural ties through exchange programs, festivals, and educational initiatives can enhance people-to-people contact.
  • Further Strengthening Economic Ties: India is the leading source of investments in Bhutan, comprising 50% of the country’s total Foreign Direct Investment (FDI) and needs to explore new sectors and products to diversify trade beyond the existing free trade agreement.
    • India can invest in sectors like renewable energy, tourism, and technology while encouraging joint ventures and partnerships between Indian and Bhutanese companies.

Also Read:  Warming Ties: On Bhutan China Relations and India’s Concerns

Conclusion:

As Bhutan’s King embarks on an eight-day visit to India amid evolving regional dynamics, sustaining and enhancing the multifaceted ties between the two nations becomes pivotal, necessitating diplomatic finesse, strengthened security cooperation, and continued economic diversification efforts.

 

Mains Question: What are challenges in the India Bhutan relationship, and enumerate strategies that have been proposed to address these challenges. (250 words, 15 Marks)

 

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