Discretionary Powers of Governor

The decisions can be taken by the governor’s discretion which is categorized into two parts:

1.       Constitutional

2.       Situational

Constitutional Discretion of Governor:

Reserving Bills for President's Consideration: Governors can decide independently without the advice of the Council of Ministers when reserving a bill for the consideration of the President of India.

Recommendation for President's Rule: Governors can act at their own discretion when recommending the imposition of President's rule in the state.

Additional Charge as Administrator of Union Territory: The governor, when given an additional charge as the administrator of a Union Territory, can take actions at their own discretion.

Determining Royalties for Tribal District Councils: Governors have the constitutional discretion to determine the amount payable by the Government of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalties accruing from licenses for mineral exploration.

Seeking Information from Chief Minister: Governors can independently call upon the Chief Minister to seek information regarding administrative and legislative affairs.

Situational Discretion of Governor:

Appointment of Chief Minister: Governors can exercise situational discretion when appointing a Chief Minister, especially when no party has a clear majority in the election or when the incumbent dies in office.

Dismissal of Council of Ministers: Governors can dismiss the council of ministers in the state on the inability to prove confidence in the state legislative assembly.

Dissolution of State Legislative Assembly: Governors have situational discretion in dissolving the state legislative assembly, particularly when it loses its majority.

Other Situational Discretion Instances:

Establishing Development Boards: The governor, while consulting the council of ministers, can ultimately act at their own discretion in establishing separate development boards for Vidarbha and Marathwada in Maharashtra, Saurashtra and Kutch in Gujarat, and the Hyderabad-Karnataka region in Karnataka.

Law and Order in Specific Regions: Governors can exercise situational discretion with respect to law and order in specific regions, such as dealing with internal disturbance in the Naga Hills–Tuensang Area in Nagaland, administration of tribal areas in Assam, administration of hill areas in Manipur, and maintaining law and order in Arunachal Pradesh.

Peace and Development Initiatives: Governors can act at their discretion for the peace and social and economic advancement of different sections of the population in Sikkim.

These discretionary powers are typically exercised within the bounds of constitutional principles and legal frameworks, ensuring the proper functioning of the democratic system.

Visit us for Free UPSC Coaching Online. Self Study for UPSC.

YouTube - @SelfStudyWalaUPSC

Telegram - SelfStudyWalaOfficial

#UPSC #IAS #Self_Study_Wala #Self_Study #Self_Study_UPSC #Self_Study_for_UPSC #IAS #CivilServices #free_upsc_coaching_online #free_coaching_upsc #civil_services_exam

Asymmetric federalism for UPSC

 

1.1  Asymmetric federalism

A federal government is one in which powers are divided between the national government and the regional governments by the Constitution itself and both operate in their respective jurisdictions independently.

Asymmetric federalism is a concept where different constituent states possess different powers and relationships with the central government.

Asymmetric federalism is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres between the federal units constituting a federation.

In such a federal setup, some states enjoy more autonomy or have unique arrangements as compared to others. It permits particular states to have greater executive, legislative, and at times, judicial powers than other states.

1.1.1                        Types of Asymmetric Federalism with Constitutional Provisions

Asymmetric federalism can be both vertical (between centre and states) and horizontal (among the states). It is promoted by the various constitutional provisions and conventions practised in the federation.

1.1.1.1             Vertical Asymmetry (Centre and States)      

Article 3 - The Centre can unilaterally alter the state names and boundaries.

Article 352 - Provisions related to imposition of National Emergency.

Article 356 & 365 - Provisions related to imposition of President’s rule. (Also in Article 256, 355 and 239AB)

Article 248 - Residuary powers of legislation rests with the parliament.

Single citizenship - In India, only single citizenship is available to citizens. They cannot be citizens of the state as well.

Governor’s appointment - The governor of a state acts as the Centre’s representative in the state.

+ other provision of strong center or unitary features of constitution.      

1.1.1.2             Horizontal Asymmetry (Between States/UT’s)

No Equality of State Representation in Rajya Sabha: The states are given representation in the Rajya Sabha on the basis of population. Hence, the membership varies from 1 to 31.

Part X of Indian constitution: Special provisions for the Scheduled Areas and Tribal Areas

Schedule V - Schedule V provides for the administration of Scheduled Areas and Scheduled Tribes in any state except the tribal areas of Assam, Meghalaya, Tripura, and Mizoram.

Schedule VI - Schedule VI provides for the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Article 239AA - Delhi has a unique status among the UTs by having a state legislature.

Part XXI of Indian constitution: Temporary, Transitional and Special Provisions for some States

Article 370 - Before the abrogation of Article 370 in 2019, the state of Jammu and Kashmir had special provisions for administration. In 2023, Supreme Court held that Article 370 is an instance of asymmetric federalism.

Article 371-371J - Special position, powers, and protection enjoyed by some states.

Part VIII of Indian constitution: Special provisions for the Union Territories.

1.1.1.3             Fiscal Asymmetry

Vertical asymmetry (State share in central taxes) - The Finance Commission is a constitutional body formed by the President of India to give suggestions on centre-state financial relations. As per the recommendations of the 15th FC, the share of states in the central taxes for the 2021-26 period is recommended to be 41%.

When transferring funds from the Centre to States, statutory transfers are made based on the recommendations of the Finance Commission.

Horizontal asymmetry (Devolution among states) - Criteria like income distance, demographic performance, forest and ecology, etc., are used for differential devolution among the states.

Centrally sponsored schemes (CSS) - For special category status states, the Centre pays 90% of the funds required in a CSS, as against 60% in the case of normal category states.

1.1.2                        What is the Significance of Asymmetric Federalism in India?

Social justice: Allowance for separate laws to govern different tribal areas, and provisions for various kinds of affirmative action for extremely disadvantaged groups help in ensuring justice to them. These provisions respect and preserve diversity of the country by protecting vulnerable group through special powers. This ensures unity in diversity leading to ‘sabka sath sabka vikas’.

Ensuring Internal security- The border states of India have been given larger autonomy for management of Internal security by ensuring administrative convenience. For ex- Inner line permit.

Preserving Unity in Diversity: India's strength lies in its diversity, and asymmetric federalism helps maintain unity while respecting this diversity. States with special status, like certain northeastern states, have specific constitutional provisions safeguarding their autonomy while being part of the Indian Union. Asymmetrical federalism allows for self-rule within the framework of Indian Constitution.

Protection of minorities rights- Asymmetrical federalism ensures that minorities are not marginalised by giving more power and autonomy to regions where certain minority groups are concentrated.

Addressing State-specific issues- Asymmetrical federalism ensures that the state-specific issues are given the attention and resources they need.

Strengthening Federalism- Asymmetric Federalism strengthens federalism by ensuring decentralisation of power and decision-making as per requirements of the federal units.

Reduce radicalisation: Special powers given to the different state under part 21 help in reducing radicalisation.

Therefore, asymmetric federalism plays an important role in accommodating the diverse needs and aspirations of different regions of India while maintaining the unity and integrity of the nation. In fact, it matches the diversity of India.

1.1.3                        What are the Challenges with the Asymmetric Federalism in India?

Promotes Regionalism and separatism- Special statuses sow seeds of regionalism and separatism and it impacts ‘national integration.’ The leader of Jammu and Kashmir said that Article 370 is a bridge that connects India and Jammu and Kashmir.

Threats to National Unity: While asymmetric federalism aims to accommodate diversity, it might inadvertently fuel separatist tendencies. Granting too much autonomy to certain regions could potentially weaken the sense of national unity and integrity.

Policy Harmonization Challenges: Different levels of autonomy might hinder the uniform implementation of national policies. This can lead to discrepancies in the application of laws and policies, creating challenges in achieving national objectives uniformly across all states.

Inequality Among States: Granting special status or greater autonomy to certain states can create disparities among states. States without special provisions might feel neglected or unfairly treated, leading to discontent and demands for similar status.

Complexity in Governance: Varying degrees of autonomy across states can lead to administrative complexities. Coordinating policies and decision-making between the central government and states with different levels of autonomy can be challenging, potentially affecting governance efficiency.

Tensions and Disputes: Asymmetric federalism can lead to conflicts between states and the central government. Disputes might arise regarding the extent of autonomy, allocation of resources, or interpretation of constitutional provisions, causing political tensions.

Unequal Distribution of Powers- Asymmetric federalism creates imbalances in decision-making and resource-allocation, leading to perceptions of favouritism and discrimination.

Varying levels of cultural and linguistic protections- There is difference in the level of cultural and linguistic protections granted by the application of asymmetric federal principles. This leads to disparities in the promotion and protection of cultural and linguistic protections.

Economic disparities and regional imbalances- Some regions benefit from preferential funding or fiscal arrangements, while others may receive fewer resources, resulting in economic disparities and regional imbalances.

Selective application based on political considerations- The application of these asymmetric federal principles may be influenced by political factors, resulting in inconsistent treatment.

1.1.4                        Way Forward

India’s founding fathers recognized the need for a salad bowl approach to governance, which recognizes the distinctive cultural differences in the country and permits self-rule within the scheme of a shared rule. This led to the unique governance model of India, as highlighted by the asymmetric federalism.

However, due to political considerations and in the name of greater autonomy, these special provisions are being misused, leading to dissatisfaction among the constituent units. Moving forward with asymmetric federalism in India involves several key considerations:

Promoting Cooperative Federalism: Emphasizing cooperative federalism is crucial. Encouraging collaboration between the central government and states, irrespective of varying degrees of autonomy, can lead to better policy implementation and more effective governance.

Empowering Local Governance: Strengthening local governance structures within states can complement asymmetric federalism. Empowering local bodies ensures that even within states with special status, grassroots-level decision-making and development can thrive. It will reduce the demand of more Autonomy.

Balanced Approach: Striking a balance between autonomy for certain regions and maintaining the unity of the nation is crucial. Policies should aim to address regional aspirations while ensuring that they don't compromise the overall integrity and sovereignty of the country.

Dialogue and Consensus-Building: Encouraging open dialogues and consensus-building among states and the central government is essential. Regular discussions can help address grievances, resolve disputes, and foster a sense of cooperation and mutual understanding.

Financial Equilibrium: Ensuring financial stability among states is vital. While providing autonomy, mechanisms should be in place to prevent fiscal disparities and ensure equitable distribution of resources to promote balanced development across regions.

Constitutional Clarity: Clearly defining the extent of autonomy and powers granted to different regions in the Constitution can prevent ambiguities and potential conflicts. Regular review and updating of constitutional provisions might also be necessary to adapt to evolving regional dynamics.

Conflict Resolution Mechanisms: Establishing robust mechanisms for conflict resolution is necessary. This could involve specialized committees, courts, or forums dedicated to addressing disputes arising from asymmetric federalism.

Public Participation and Awareness: Increasing public awareness about the benefits and challenges of asymmetric federalism fosters understanding and support. Involving citizens in decision-making processes concerning regional autonomy can enhance inclusivity and legitimacy.

Regular Review and Adaptation: Periodic evaluations of the functioning of asymmetric federalism can help identify challenges and opportunities for improvement. Flexibility in policy adaptation based on these reviews is crucial for its effective implementation.

By adopting these measures and maintaining a proactive, inclusive approach, India can navigate the complexities of asymmetric federalism more effectively, leveraging the strengths of regional diversity while preserving the unity of the nation.

Visit us for Free UPSC Coaching Online. Self Study for UPSC.

YouTube - @SelfStudyWalaUPSC

Telegram - SelfStudyWalaOfficial

 

#UPSC #IAS #Self_Study_Wala #Self_Study #Self_Study_UPSC #Self_Study_for_UPSC #IAS #CivilServices #free_upsc_coaching_online #free_coaching_upsc #civil_services_exam

Freebie Politics for UPSC

 

1     Freebie Politics UPSC

1.1  What is Freebie?

In a Reserve Bank of India report in 2022, freebies have been defined as “a public welfare measure that is provided free of charge”. It adds that freebies are different from public/merit goods such health and education, expenditure on which has wider and long-term benefits.

A merit good or service is something that adds to the welfare and well-being of society when it is produced and consumed. Merit goods are those that have positive externalities instead of private benefit motives. Merit goods such as education, health care, and subsidies to curb poverty have a positive impact on society as well as on the economy. Merit goods are also known as the superior goods. Government wants to encourage the consumption of the non-merit goods.

Demerit goods or services, in contrast, are those known to cause clear harm when produced and consumed. Government wants to check the consumption of the non-merit goods.

1.2  Difference between Freebie & Welfare Measures

Freebies are goods and services given free without any charge to the users.

Welfare Measures	Freebies
benefiting the targeted population in the long term.	benefiting the targeted population in the short term.
They are well thought-after plans that aim to benefit the target population and improve their standard of living and access to resources. They are typically aimed at fulfilling the constitutional obligations (Directive Principles of State Policy) towards citizens. They are often seen as a way of promoting social justice, equity, and human development.	They are often seen as a way of luring voters or bribing them with populist promises.
Welfare schemes have a positive impact	Freebies can create dependency or distortions in market & society
Some examples of welfare schemes are public distribution system (PDS), Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), mid-day meal scheme, etc.	Some examples of freebies are free laptops, TVs, bicycles, electricity, water, etc.

 

1.3  Why Freebie is a Double-Edged Sword?

Freebies can be a double-edged sword for a few reasons.

1.3.1                        Advantages of Freebies

Increase Public Trust and Engagement: Government freebies can increase public trust and satisfaction with the government, as they demonstrate its responsiveness and accountability to the people.

Increase Public Engagement (Positive impact on voter turnout): A study by the Centre for Policy Research found that freebies such as laptops, bicycles, and cash transfers had a positive impact on voter turnout, political awareness, and satisfaction with the government in Uttar Pradesh and Tamil Nadu.

Economic Growth: Freebies can stimulate economic growth by increasing the productive capacity of the workforce, especially in less developed regions. For example, freebies such as laptops, bicycles, or sewing machines can enhance the skills, mobility, and income opportunities of the poor and rural population.

A report by the NITI Aayog stated that freebies such as bicycles given to schoolgirls in Bihar and West Bengal increased their enrolment and retention rates, reduced dropout rates, and improved their learning outcomes.

Social Welfare: They can provide basic necessities and social welfare to the poor and marginalized sections of society, such as food, education, health, electricity, etc. For example, freebies such as uniforms, textbooks, or health insurance can improve the literacy, health, and quality of life of the needy and vulnerable groups.

A study by the World Bank estimated that freebies such as food subsidies under the Public Distribution System (PDS) reduced the poverty ratio in India by 7% in 2011-12.

A survey by the NSSO revealed that freebies such as health insurance under the Rashtriya Swasthya Bima Yojana (RSBY) reduced the out-of-pocket expenditure and catastrophic health shocks for below poverty line households.

Income Equality: Freebies can reduce income inequality and poverty by redistributing wealth and resources more equitably. For example, freebies such as loan waivers, or cash transfers can empower the indebted, or low-income households by giving them access to assets, credit, or income support.

A report by the Reserve Bank of India analysed that loan waivers relieved the debt burden and improved the creditworthiness of distressed farmers.

1.3.2                        Disadvantages of Freebies

Increase Dependency: Freebies can create a negative pattern of dependency and entitlement among the recipients, who may expect more freebies in the future and become less motivated to work hard or pay taxes. For example, freebies such as rice at Rs 1 per kg or electricity at zero cost can reduce the sense of responsibility and accountability of the beneficiaries and make them dependent on external aid.

Fiscal Burden: Freebies can have adverse consequences on the fiscal health and macroeconomic stability of the state or the country, by increasing public expenditure, subsidies, deficits, debts, and inflation. For example, freebies such as farm loan waivers, unemployment allowances, or free laptop can strain the budgetary resources and fiscal discipline of the government and affect its ability to invest in other sectors or repay its obligations.

Against to Fiscal Responsibility and Budget Management (FRBM), high debt-GSDP ratio.

The collapse of the Sri Lankan economy is an example which show that Freebie culture is Macroeconomically Unstable. The government of Sri Lanka cut taxes across the board and provided several free goods and services. Consequently, the economy collapsed and the heavily-indebted country was left with no choice but to default on its commitments.

Resource Misallocation (Opportunity Cost): Freebies can distort the expenditure priorities and allocation of resources, by diverting funds from more productive and essential sectors such as infrastructure, agriculture, industry, etc. For example, freebies such as mobile phones, laptops, or air conditioners can consume a large share of public spending and crowd out investment in public goods such as roads, bridges, irrigation systems, or power plants.

A report by the NITI Aayog criticised that freebies such as laptops given by the Uttar Pradesh government diverted funds from more urgent needs such as improving school infrastructure, teacher quality, or learning outcomes.

Quality Compromise: Freebies can lower the quality and competitiveness of the goods and services that are given for free, by reducing the incentives for innovation and improvement. For example, freebies such as bicycles or laptops may be of inferior quality or outdated technology compared to those available in the market or those produced by other countries.

Devaluation: Freebies can devalue the perceived worth of a product or service. When something is free, its perceived value often diminishes. This might make it harder to convince people to pay for it in the future, even if it's a high-quality offering.

Impact on Environment: Freebies can have a negative impact on the environment, by encouraging overuse and wastage of natural resources, such as water, electricity, or fuel. For example, freebies such as free power, free water, or free gas cylinders can reduce the incentives for conservation and efficiency and increase the carbon footprint and pollution levels.

A report by the CAG revealed that free electricity for farmers in Punjab led to overuse and wastage of power, low tax compliance, and poor quality of service delivery by the state power utility. (reduce ground water significantly)

Fail to reach target audience: Sometimes, freebies attract people who are not genuinely interested in the product or service but are merely attracted by the "free" aspect. This can dilute the engagement from the actual target audience.

Against Free and Fair Election: The promise of irrational freebies from public funds before elections unduly influences the voters, disturbs the level playing field and vitiates the purity of the poll process. It amounts to an unethical practice that is similar to giving bribes to the electorate.

Destroys Credit Culture: Giving away loan waivers in the form of freebies may have undesired consequences such as destroying the whole credit culture and it blurs the very basic question as to why is it that a large majority of the farming community is getting into a debt trap repeatedly.

1.3.3                     Way Forward

Drawing a Line Between Welfare and Freebie: Freebies must be understood from an economic perspective and connected to taxpayers' money.

Differences between subsidy and freebie are also essential since subsidies are justified and specially targeted benefits meant to meet specific demands. The freebies, on the other hand, are quite different.

Clear Rationale and Indication of Funds: Political parties should be required to disclose the financing and trade-offs of freebies to the voters and the ECI before announcing them. This would include specifying the sources of revenue, the impact on fiscal balance, the opportunity cost of public spending, and the sustainability of freebies.

Empower the Election Commission of India: Freebie culture promotes due to Lack of regulatory powers with ECI. ECI should be provided more powers to regulate and monitor the announcement and implementation of freebies by political parties during elections. This would include giving the ECI more powers to de-register parties, impose penalties, or take contempt action for violating the model code of conduct or the court orders on freebies.

Voter Awareness: In a democracy, the power to block or allow the march of freebies rests with the voters. Educating voters about the economic and social consequences of freebies and encouraging them to demand performance and accountability from political parties. This would include creating awareness campaigns, voter literacy programs, civil society initiatives, and media platforms to inform and empower voters to make rational and ethical choices.

Judicial Intervention: A constructive debate and discussion in parliament is difficult since the freebie culture has an impact on every political party, whether directly or indirectly. Therefore, judicial involvement is required in order to propose measures.

The Supreme Court has suggested setting up an expert committee to look into the issue of freebies and their impact on the economy and democracy. The committee would consist of members from the Niti Aayog, the Finance Commission, the RBI and other stakeholders. The committee would make suggestions on how to control freebies given by political parties during election campaigns.

Focus on Inclusive Development: It would address the root causes of poverty, inequality, and exclusion that make people vulnerable to freebies. Inclusive development would also create a more conducive environment for economic growth and social progress, which would benefit all sections of society in the long run. Therefore, inclusive development can be a more effective and desirable alternative to freebies.

It can be understood well through this quote - “Give a man a fish and you feed him for a day, teach a man to fish and you feed him for a lifetime.”

Assessment of financial viability: There should be a mechanism of assessment of financial viability of populist policies: funding sources.

 

Visit us for Free UPSC Coaching Online. Self Study for UPSC.

YouTube - @SelfStudyWalaUPSC

Telegram - SelfStudyWalaOfficial

 

#UPSC #IAS #Self_Study_Wala #Self_Study #Self_Study_UPSC #Self_Study_for_UPSC #IAS #CivilServices #free_upsc_coaching_online #free_coaching_upsc #civil_services_exam