PUBLIC INTEREST LITIGATION (PIL)
Public Interest Litigation (PIL) covers a wide range of matters that are entertained by courts to address issues affecting the public interest.
Here are some common categories of matters that are often entertained under PIL:
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Environmental Protection: Cases related to pollution control, deforestation, conservation of natural resources, protection of wildlife, and sustainable development.
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Human Rights Violations: Cases involving violations of fundamental rights, such as police brutality, custodial torture, discrimination based on race, gender, or religion, and protection of the rights of marginalized communities.
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Corruption and Governance: PIL can be used to address issues of corruption in government institutions, misuse of public funds, lack of transparency, and accountability in governance.
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Public Health: Matters concerning access to healthcare services, sanitation, vaccination programs, and public health infrastructure.
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Consumer Rights: Cases related to product safety, misleading advertising, unfair trade practices, and protection of consumer rights.
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Education: PIL can address issues related to access to education, quality of education, implementation of government policies in education, and discrimination in educational institutions.
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Social Welfare: Matters concerning welfare schemes for disadvantaged groups, implementation of social welfare programs, and protection of the rights of vulnerable populations such as children, women, and the elderly.
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Urban Development and Planning: Cases related to illegal construction, encroachment on public land, urban sprawl, and planning violations.
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Media Freedom: Cases concerning freedom of speech and expression, censorship, media regulations, and protection of journalists' rights.
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Public Safety and Security: Matters related to disaster management, fire safety, road safety, and measures to ensure public safety and security.
The genesis and evolution of Public Interest Litigation (PIL) in India can be traced back to the 1970s when the Supreme Court of India expanded the scope of locus standi (the right to bring legal action) to allow individuals and organizations to file cases on behalf of those who are unable to approach the court due to social, economic, or other disabilities.
Here are some landmark judgments that played a crucial role in the development of PIL in India:
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S.P. Gupta v. Union of India (1981): This case, commonly known as the "Judges Transfer case," is considered a landmark in the evolution of PIL in India. The Supreme Court held that any member of the public or social action group could approach the court seeking enforcement of public duties. The court also recognized the concept of "epistolary jurisdiction," allowing letters or postcards addressed to the court to be treated as writ petitions.
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Bandhua Mukti Morcha v. Union of India (1984): In this case, the Supreme Court addressed the issue of bonded labor in various industries and held that Article 21 (Right to Life) of the Constitution includes the right to live with dignity. The court issued guidelines for the rehabilitation of bonded laborers and directed the government to take necessary measures for their release and rehabilitation.
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Vishaka v. State of Rajasthan (1997): This case dealt with the issue of sexual harassment at the workplace. The Supreme Court laid down guidelines, known as the Vishaka Guidelines, for preventing and redressing sexual harassment at workplaces. The court held that it is the duty of the employer to provide a safe working environment for women employees.
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MC Mehta v. Union of India (1986): In this case, the Supreme Court addressed the issue of pollution in the Ganga river. The court issued several directions to control pollution and ensure the cleanliness of the river. This case led to the establishment of the National Ganga River Basin Authority (NGRBA) to oversee the conservation and management of the Ganga river.
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M.C. Mehta v. Union of India (1996): This case, commonly known as the "Oleum Gas Leak case," involved a gas leak from a factory in Delhi. The Supreme Court held that the "polluter pays" principle applies, and directed the factory to pay compensation to the victims of the gas leak. The court also laid down guidelines for the handling of hazardous substances to prevent similar incidents in the future
- Traditionally, only aggrieved parties had the standing to approach the court. However, the Supreme Court of India broadened the concept of locus standi to allow any individual or organization to file PIL on behalf of those who are unable to approach the court due to social, economic, or other disabilities. This expansive interpretation increased access to justice for marginalized groups and encouraged the filing of PILs
- The growth of civil society organizations, NGOs, and social activists in India has raised awareness about various social, environmental, and governance issues. These groups play a significant role in initiating PILs and mobilizing public support for legal interventions to address public interest concerns
- The Indian judiciary, particularly the Supreme Court, has shown a proactive approach in addressing socio-economic and environmental issues through PILs. The judiciary's willingness to intervene in matters of public interest and provide remedies has encouraged the filing of PILs by individuals and organizations
- In many cases, PILs are filed when executive or legislative institutions fail to address pressing issues adequately. When there is a perceived lack of action or inefficiency on the part of the government, PILs serve as a mechanism to hold authorities accountable and seek judicial intervention
- The Indian Constitution enshrines principles of social justice, equality, and the protection of fundamental rights. PILs serve as a means to enforce these constitutional mandates and ensure that government actions are consistent with constitutional principles
- The role of the media in highlighting social issues and bringing them to the public's attention cannot be overstated. Media coverage often serves as a catalyst for PILs by generating public interest and support for legal interventions
- The growth of PIL in India is also influenced by global legal trends and precedents. Indian courts often refer to international conventions, treaties, and judgments from other jurisdictions when adjudicating PIL cases, contributing to the evolution of PIL jurisprudence in the country
- PILs can be filed in any court of law, including the Supreme Court, High Courts, and lower courts. The relatively simple procedural requirements and the availability of pro bono legal assistance encourage individuals and organizations to approach the courts with public interest concerns
In India, Public Interest Litigation (PIL) can be filed by any individual, organization, or group of persons acting in the public interest. Unlike traditional litigation where only aggrieved parties have the standing to file cases, PIL allows any concerned citizen or entity to approach the court on behalf of those who may be unable to do so due to social, economic, or other disabilities.
Here are some examples of who can file a PIL:
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Individual Citizens: Any individual citizen who has a genuine concern about an issue affecting the public interest can file a PIL. They do not need to have a direct personal interest in the matter but must demonstrate that the issue has broader societal implications.
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Non-Governmental Organizations (NGOs): NGOs working in areas such as human rights, environmental conservation, consumer protection, and social welfare often file PILs to address systemic issues and advocate for policy changes.
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Social Activists: Social activists who are passionate about specific causes or issues may file PILs to bring attention to violations of rights, corruption, environmental degradation, or other matters of public concern.
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Lawyers and Legal Aid Organizations: Lawyers and legal aid organizations often take up PILs on behalf of marginalized communities or disadvantaged groups who lack access to justice or resources to pursue legal remedies.
As for whom a PIL can be filed against, there are various potential respondents, including:
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Government Authorities: PILs can be filed against government authorities at the central, state, or local levels for their failure to perform their duties, violation of laws, or infringement of fundamental rights.
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Private Entities: PILs can also be filed against private entities, such as corporations, businesses, or individuals, if their actions or policies have a significant impact on public interest or violate legal provisions.
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Public Institutions: PILs can target public institutions like regulatory bodies, educational institutions, or healthcare facilities if they are not fulfilling their mandated roles or if there are systemic issues affecting public welfare.
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Other Entities: PILs can be directed against any entity whose actions or omissions have a bearing on the public interest, including environmental polluters, public utilities, or entities involved in unethical practices
- One of the significant challenges is the filing of frivolous PILs or PILs with mala fide intentions. Some PILs are filed for personal gain, publicity, or to harass opponents rather than addressing genuine public interest concerns. This misuse clogs the judicial system and undermines the credibility of PILs
- There is often a lack of proper screening mechanisms to filter out frivolous or politically motivated PILs at the initial stage. As a result, courts may waste time and resources hearing PILs that do not serve the public interest
- PILs require substantial judicial time and resources, which can strain the already overburdened judicial system. The high volume of PILs, coupled with lengthy court proceedings, may lead to delays in the disposal of cases and affect the timely delivery of justice
- While PIL allows any concerned citizen or organization to approach the court, there can be challenges related to the standing and locus standi of the petitioner. Courts often grapple with determining whether the petitioner has a genuine interest in the matter and whether they are the appropriate party to bring the case
- Although PIL is intended to provide access to justice for marginalized groups, there can still be significant costs associated with legal proceedings, including court fees, lawyer fees, and other expenses. This can deter individuals or organizations with limited resources from filing PILs
- In some cases, PILs may encroach upon the domain of the executive and legislative branches of government, leading to tensions between the judiciary and other arms of the state. While the judiciary plays a crucial role in upholding constitutional values, excessive judicial activism through PILs can disrupt the balance of power between the branches of government
- There are concerns that judicial activism through PILs may lead to judicial overreach, where courts venture into areas that are traditionally within the purview of the executive or legislature. This can raise questions about the separation of powers and the democratic legitimacy of judicial interventions
SELECTING ELECTION COMMISSIONERS
- Anoop Baranwal initiated a Public Interest Litigation (PIL) in 2015, urging the Supreme Court to establish an independent system resembling the collegium for appointing the Chief Election Commissioner (CEC) and Election Commissioners (ECs).
- In March 2023, the Supreme Court noted the absence of parliamentary legislation over the past 73 years regarding the appointment of the CEC and ECs since the Constitution's adoption.
- Acknowledging the vital role of the Election Commission of India (ECI) in ensuring fair elections for a robust democracy, the court referenced various independent mechanisms in other constitutional institutions such as the National and State Human Rights Commission, the Central Bureau of Investigation (CBI), Information Commission, and Lokpal.
- Previously, the Dinesh Goswami Committee on Electoral Reforms (1990) and the Law Commission's 255th report on Electoral Reforms (2015) had proposed a committee comprising the Prime Minister, Chief Justice of India (CJI), and the Leader of the Opposition or the largest Opposition party in the Lok Sabha for the appointment of the CEC and ECs.
- Taking these suggestions into account, the Supreme Court, utilizing its authority under Article 142 to ensure 'complete justice,' mandated that the committee responsible for appointing the CEC and ECs would consist of the Prime Minister, CJI, and the Leader of the Opposition or the largest opposition party in the Lok Sabha. This directive will stand until Parliament formulates a specific law on this issue
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The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, 2023, was introduced in Rajya Sabha on August 10, 2023. It repeals the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
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Election Commission: As per Article 324 of the Constitution, the Election Commission consists of the Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs), as the President may decide. The CEC and other ECs are appointed by the President. The Bill specifies the same composition of the Election Commission. It adds that the CEC and other ECs will be appointed by the President on the recommendation of a Selection Committee.
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Selection Committee: The Selection Committee will consist of (i) the Prime Minister as Chairperson, (ii) the Leader of the Opposition in Lok Sabha as a member, and (iii) a Union Cabinet Minister nominated by the Prime Minister as a member. If the Leader of the Opposition in Lok Sabha has not been recognized, the leader of the single largest opposition party in Lok Sabha will assume the role.
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Search Committee: A Search Committee will prepare a panel of five persons for the consideration of the Selection Committee. The Search Committee will be headed by the Cabinet Secretary. It will have two other members, not below the rank of Secretary to the central government, having knowledge and experience in matters related to elections. The Selection Committee may also consider candidates who have not been included in the panel prepared by the Search Committee.
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Qualification of CEC and ECs: Persons who are holding or have held posts equivalent to the rank of Secretary to the central government will be eligible to be appointed as CEC and ECs. Such persons must have expertise in managing and conducting elections.
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Salary and allowances: The 1991 Act provides that the salary of the ECs will be equal to that of a Supreme Court judge. The Bill provides that the salary, allowance, and service conditions of the CEC and other ECs will be the same as that of the Cabinet Secretary.
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Term of office: The 1991 Act mandates that the CEC and other ECs will hold office for a term of six years or until they reach the age of 65 years, whichever is earlier. If an EC is appointed as the CEC, his total term cannot exceed six years. The Bill retains the same tenure. Further, under the Bill, the CEC and other ECs will not be eligible for re-appointment.
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Conduct of business: All business of the Election Commission is to be conducted unanimously. In case of a difference of opinion between the CEC and the other ECs on any matter, it shall be decided through the majority.
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Removal and resignation: Under Article 324 of the Constitution, the CEC can only be removed from his office in a manner similar to that of a Supreme Court judge. This is done through an order of the President, based on a motion passed by both Houses of Parliament in the same session. The motion for removal must be adopted with (i) majority support of total membership of each House, and (ii) at least two-thirds support from members present and voting. An EC can only be removed from office on the recommendation of the CEC. The Bill retains this removal procedure.
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Further, the 1991 Act provides that the CEC and other ECs may submit their resignation to the President. The Bill has the same provision.
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Constitution Says-
Article 324 provides for the composition of the Election Commission of India (ECI). It consists of the CEC and two other ECs. The Constitution provides that the appointment of the CEC and EC shall, subject to the provisions of any law made by Parliament, be made by the President. While the existing parliamentary law provides for their conditions of service, it is silent with respect to appointments. The appointments till date are made by the President, that is the Central Government and there is no mechanism for ensuring independence during the appointment process
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- The process of selecting and appointing members to electoral bodies varies internationally across democracies. For instance, in South Africa, involvement includes the President of the Constitutional Court, representatives from the Human Rights Court, and advocates for gender equality. In the United Kingdom, candidates receive approval from the House of Commons, while in the United States, the President nominates them, and the Senate confirms the appointments.
- Although the proposed Bill shifts the appointment process from a sole executive decision to a committee-based selection, it still leans in favor of the existing government.
- The Supreme Court took into account recommendations from diverse committees and the appointment mechanisms for certain independent bodies like the CBI, involving the Chief Justice of India (CJI), while establishing its selection procedure.
- While Parliament holds the authority to legislate on this matter, it might have been prudent to include the CJI in the selection committee to ensure the highest level of independence.
- Nonetheless, it's highly probable that the Bill will become law in its current shape. It would be commendable and foster public trust in the functioning of the Election Commission of India (ECI) if, at the very least, selections under the new law are made unanimously by the proposed selection committee
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For Prelims: Election Commission of India, President, Prime Minister, Leader of Opposition, Chief Election Commissioner (CEC), Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs). For Mains 1. The Election Commission of India is often hailed as the guardian of democracy. Discuss the constitutional provisions and the various measures it takes to ensure free and fair elections in the country. (250 words). 2. Examine the role of the Election Commission of India in regulating the influence of money in politics. How effective have its measures been in curbing electoral malpractice related to campaign finance? (250 words). |
Previous year Questions1. Consider the following statements: (UPSC 2017) 1. The Election Commission of India is a five-member body. 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. Which of the statements given above is/are correct? A. 1 and 2 only B. 2 only C. 2 and 3 only D. 3 only Answer: D 2.With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following? (UPSC CSE 2019) Answer (b) 1.In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (UPSC Mains GS2, 2018) |
INVASIVE ALIEN SPECIES
Invasive alien species (IAS), also known simply as invasive species, are non-native organisms that, when introduced to a new environment, can cause harm to the native ecosystem, economy, or human health. These species often thrive in their new environment due to the absence of natural predators or competitors, leading to rapid population growth and ecological disruption.
The key points about invasive alien species
Invasive species can be introduced intentionally or accidentally by humans. Intentional introductions often occur for agricultural, horticultural, or ornamental purposes, while accidental introductions can happen through global trade, transport, or tourism.
- Invasive species can outcompete native species for resources such as food, water, and habitat, leading to declines in native populations. They may also alter ecosystem processes such as nutrient cycling and fire regimes, leading to long-term ecological changes.
- Invasive species can have significant economic impacts by damaging crops, forests, fisheries, and infrastructure. Control and management efforts to mitigate these impacts can be costly and time-consuming.
- Some invasive species can pose direct threats to human health by transmitting diseases or causing allergic reactions. For example, certain invasive plants may produce pollen that triggers allergies in sensitive individuals.
- The rise of global trade and travel has facilitated the spread of invasive species, leading to an increase in their prevalence and distribution worldwide. Climate change may also exacerbate the problem by creating new habitats suitable for invasive species.
- Efforts to manage and control invasive species include prevention, early detection and rapid response, eradication, and long-term control measures. These efforts often require collaboration between government agencies, researchers, conservation organisations, and the public.
Invasive alien species (IAS) can impact native species in various ways, often leading to significant ecological disruption.
The primary ways in which IAS affect native species
- Invasive species can compete with native species for essential resources such as food, water, space, and sunlight. They may have competitive advantages, such as rapid reproduction rates or lack of natural predators, which allow them to outcompete native species for resources.
- Invasive species may prey on or consume native species, leading to declines in native populations. For example, invasive predators can decimate native prey populations, while invasive herbivores can overgraze native vegetation, altering habitat structure and reducing food availability for native species.
- Invasive species can modify habitats through activities such as burrowing, nesting, or altering vegetation composition. These habitat alterations can disrupt native species' ability to find suitable nesting sites, forage for food, or carry out other essential behaviours.
- Some invasive species can introduce new diseases or parasites to native populations, which may lack immunity to these pathogens. This can lead to disease outbreaks and population declines in native species. For example, the chytrid fungus, introduced by the global amphibian trade, has caused widespread declines and extinctions among native amphibian species.
- Hybridization between invasive and native species can occur when they come into contact. This can lead to genetic introgression, where genes from the invasive species are incorporated into native populations, potentially altering their genetic diversity and fitness.
- Invasive species can disrupt ecological relationships and food webs by altering species interactions. For example, if an invasive species outcompetes a native species for a shared prey species, it can indirectly impact other species that rely on that prey for food.
4. About the Convention on Biological Diversity (CBD)
The Convention on Biological Diversity (CBD) is an international treaty aimed at conserving biodiversity, promoting sustainable use of biological resources, and ensuring the fair and equitable sharing of benefits derived from genetic resources. It was opened for signature at the Earth Summit in Rio de Janeiro, Brazil, in 1992, and entered into force on December 29, 1993. The CBD has three main objectives:
- The CBD aims to conserve biological diversity, including ecosystems, species, and genetic diversity, through the establishment and management of protected areas, the conservation of threatened species, and the restoration of degraded ecosystems.
- The CBD promotes the sustainable use of biological resources to meet current and future human needs while ensuring the long-term health and resilience of ecosystems. This includes activities such as sustainable forestry, fisheries management, and sustainable agriculture practices.
- The CBD seeks to ensure the fair and equitable sharing of benefits derived from the utilization of genetic resources, including the sharing of monetary and non-monetary benefits with countries and communities that are the custodians of those resources.
The CBD operates through meetings of the Conference of the Parties (COP), which are held regularly to review progress, negotiate agreements, and make decisions on matters related to the implementation of the convention. The COP has adopted several protocols and agreements to further the objectives of the CBD, including the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access and Benefit-sharing.
5. What are invasive species?
Invasive species are organisms that are introduced, either intentionally or unintentionally, into a new environment where they are not native. These introduced species can cause harm to the environment, economy, or even human health.
Here's a breakdown of what makes a species invasive:
- Non-native: They come from a different region and weren't originally part of the local ecosystem.
- Harmful: They cause ecological or economic damage in their new environment. This can include things like outcompeting native species for resources, preying on them, or introducing diseases.
Not all introduced species become invasive. Some introduced species can even be beneficial, like honeybees which are crucial for pollinating crops. However, invasive species become problematic because they lack the natural controls (predators, diseases) they faced in their original habitat. This allows them to reproduce rapidly and disrupt the balance of the new ecosystem.
The Wildlife (Protection) Act of 1972 serves as a legal framework aimed at safeguarding various species of wild animals and plants, managing their habitats, and regulating and controlling trade in wildlife and wildlife products. It plays a crucial role in conservation efforts and biodiversity preservation in India.
Key Provisions
- The Act categorizes species into different schedules based on their conservation status, providing varying degrees of protection and monitoring by the government.
- India's accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was facilitated by the Wildlife Act.
- The Act now extends to Jammu and Kashmir following the reorganisation act.
Constitutional Framework
- The 42nd Amendment Act, 1976, transferred Forests and Protection of Wild Animals and Birds from the State to the Concurrent List.
- Article 51 A (g) mandates citizens to protect and improve the natural environment, including forests and wildlife.
- Article 48 A in the Directive Principles of State Policy emphasizes the state's duty to protect and improve the environment, safeguarding forests, and wildlife.
Schedules under the Act
- Schedule I: Encompasses endangered species requiring stringent protection, with severe penalties for violations. Hunting is prohibited except in cases of threat to human life or incurable disease.
- Schedule II: Includes species accorded high protection with trade prohibition.
- Schedule III & IV: Lists non-endangered species with hunting prohibition, but with lesser penalties compared to Schedules I and II.
- Schedule V: Contains vermin species that can be hunted, including Common Crows, Fruit Bats, Rats, and Mice.
- Schedule VI: Regulates the cultivation and trade of specified plants, requiring prior permission for cultivation, possession, sale, and transportation.
Examples of Protected Species
- Schedule I: Black Buck, Snow Leopard, Himalayan Bear, Asiatic Cheetah.
- Schedule II: Assamese Macaque, Himalayan Black Bear, Indian Cobra.
- Schedule III & IV: Chital (spotted deer), Bharal (blue sheep), Hyena, Sambhar (deer).
- Schedule V: Common Crows, Fruit Bats, Rats, Mice.
- Schedule VI: Beddomes’ cycad, Blue Vanda, Red Vanda, Kuth, Slipper orchids, Pitcher plant.
8. What is IPBES?
The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) is an independent intergovernmental body established to assess the state of biodiversity, ecosystems, and the contributions they provide to human well-being. IPBES was established in 2012 and is headquartered in Bonn, Germany.
Key functions and objectives of IPBES include
- IPBES conducts regular assessments of the state of biodiversity and ecosystem services at the global, regional, and national levels. These assessments involve synthesizing scientific knowledge from experts around the world and providing policymakers with information to support decision-making.
- IPBES provides policymakers with evidence-based assessments, tools, and policy recommendations to promote the conservation and sustainable use of biodiversity and ecosystems. This includes identifying policy options and best practices for addressing the drivers of biodiversity loss and ecosystem degradation.
- IPBES supports capacity-building efforts to enhance the ability of countries and stakeholders to assess, manage, and conserve biodiversity and ecosystem services effectively. This includes providing training, technical support, and guidance on assessment methodologies and tools.
- IPBES facilitates knowledge exchange and collaboration among scientists, policymakers, practitioners, indigenous and local communities, and other stakeholders involved in biodiversity and ecosystem management. This includes organizing workshops, conferences, and other events to share information and best practices.
- IPBES promotes policy-relevant research on biodiversity and ecosystem services to address knowledge gaps and support informed decision-making. This includes identifying research priorities and coordinating research efforts across disciplines and sectors.
IPBES operates through a multistakeholder governance structure involving governments, scientists, indigenous and local communities, non-governmental organisations, and other stakeholders. It conducts its work through a series of plenary sessions, expert groups, and technical support units focused on specific thematic areas and regions.
9. The Way Forward
By taking a proactive and collaborative approach to managing invasive species like chital on Ross Island, it's possible to mitigate their negative impacts on native biodiversity and ecosystems while promoting sustainable conservation practices.
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For Prelims: Ross Island, Invasive Alien Species, Wild Life Protection Act, IPBES, Convention on Biological Diversity, Netaji Subhash Chandra Bose Island, Spotted deer
For Mains:
1. The growing problem of invasive alien species poses a significant threat to global biodiversity and ecosystem health. Discuss the various factors contributing to the spread of Invasive alien species and critically evaluate different approaches for their control and management. (250 Words)
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Previous Year Questions 1. If a particular plant species is placed under Schedule VI of the Wildlife Protection Act, 1972, what is the implication? (UPSC 2020) (a) A licence is required to cultivate that plant.
2. Ross Island in the Andaman and Nicobar group of islands has been recently renamed as? (CMAT 2021) A. Shaheed dweep B. Swaraj dweep C. Netaji Subhas Chandra Bose Island D. Atal Island 3. Which of the following pairs of old names and new names of islands in India is/are correctly matched? (NDA 2019) 1. Ross Island : Shaheed Dweep
2. Neil Island : Netaji Subhas Chandra Bose Dweep
3. Havelock Island : Swaraj Dweep
Select the correct answer using the code given below: A. 1, 2 and 3 B. 2 and 3 only C. 1 and 2 only D. 3 only
4. 'Invasive Species Specialist Group' (that develops Global Invasive Species Database) belongs to which one of the following organizations? (UPSC 2023) A. The International Union for Conservation of Nature
B. The United Nations Environment Programme
C. The United Nations World Commission for Environment and Development
D. The World Wide Fund for Nature
5. With reference to the International Union for Conservation of Nature and Natural Resources (IUCN) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which of the following statements is/are correct? (UPSC 2015) 1. IUCN is an organ of the United Nations and CITES is an international agreement between governments.
2. IUCN runs thousands of field projects around the world to better manage natural environments.
3. CITES is legally binding on the States that have joined it, but this Convention does not take the place of national laws.
Select the correct answer using the code given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
6. Which of the following are the most likely places to find the musk deer in its natural habitat? (UPSC 2020) 1. Askot Wildlife Sanctuary
2. Gangotri National Park
3. Kishanpur Wildlife Sanctuary
4. Manas National Park
Select the correct answer using the code given below: A. 1 and 2 only B. 2 and 3 only C. 3 and 4 only D. 1 and 4 only Answers: 1-A, 2-C, 3-D, 4-A, 5-B, 6-A |
Source: The Indian Express
GOVERNOR AND CHIEF MINISTER
- Article 164(1) of the Constitution states that the Chief Minister is appointed by the Governor, while the other Ministers are appointed on the Chief Minister’s advice, and that the Ministers remain in office “during the pleasure of the Governor.”
- A plain interpretation of this clause may suggest that the Governor has the power to dismiss a Chief Minister. Nevertheless, members of the Constituent Assembly had warned that such wording could permit arbitrary use of gubernatorial authority.
- During the Constituent Assembly debates, member Mohammad Ismail Khan proposed an amendment to the then Draft Article 144, recommending that the phrase “during the pleasure” be substituted with “so long as they enjoy the confidence of the Legislative Assembly of the State.”
- He argued that since the Governor was envisaged as a nominee of the President, the Constitution should clearly specify that the Council of Ministers would continue in office only while retaining the confidence of the State Legislature, rather than at the discretion of the Governor.
- Responding to these apprehensions, B. R. Ambedkar clarified that the Council of Ministers is intended to remain in office only as long as it enjoys majority support in the Legislative Assembly. He explained that this principle was not expressly mentioned because parliamentary constitutions elsewhere did not explicitly frame it in those terms.
- Subsequently, the Supreme Court has consistently interpreted the Governor’s authority as being largely exercised on the “aid and advice” of the Council of Ministers.
- In A.G. Perarivalan v. State Through Superintendent of Police (2022), the Court observed that the term “Governor” effectively operates as a shorthand reference to the State government.
- Although the Governor is recognised as the formal constitutional head and repository of executive authority, the Court reaffirmed that the office is ordinarily bound by the advice of the State Council of Ministers
A floor test becomes necessary when there is uncertainty regarding whether the government in power still enjoys the confidence of the majority in the Legislative Assembly. In a parliamentary system, the majority support of elected legislators determines the legitimacy of the Council of Ministers.
The Supreme Court has repeatedly held that the appropriate forum to determine majority support is the floor of the House, not the Governor’s personal assessment or external claims. A floor test is generally ordered in the following situations:
- Loss of Majority Support
If legislators withdraw support from the ruling party or coalition, and doubts arise about the Chief Minister’s majority, the Governor may direct the government to prove its strength in the Assembly. - Post-Election Hung Assembly
When no party secures a clear majority after elections, the Governor may invite a leader to form the government and require a floor test within a specified period. - Internal Party Split or Defections
If a significant number of MLAs rebel, defect, or claim that the Chief Minister no longer commands majority support, a floor test may be ordered. - Competing Claims to Form Government
Where rival political groups claim majority backing, the Assembly floor test serves as the constitutional method to verify numerical strength. - After Withdrawal of Coalition Support
In coalition governments, if an alliance partner withdraws support, the Governor may ask the Chief Minister to demonstrate majority support in the House.
| The Supreme Court in S. R. Bommai v. Union of India emphasized that questions regarding majority must ordinarily be tested on the Assembly floor. Similarly, in Shivraj Singh Chouhan v. Speaker, Madhya Pradesh Legislative Assembly, the Court reiterated that a floor test is the most constitutionally appropriate mechanism to determine whether a government retains confidence of the House. |
Once the tenure of a State Legislative Assembly ends — ordinarily after five years under Article 172 of the Constitution — the Assembly is dissolved, and its members cease to hold office. However, the constitutional machinery of government continues until a new Assembly is elected and a new Council of Ministers assumes office.
The following usually happens after the Assembly’s term expires:
- Dissolution of the Assembly
The Legislative Assembly stands dissolved either automatically upon completion of its five-year term or earlier if dissolved by the Governor on the advice of the Chief Minister. - Caretaker Government Continues
The existing Chief Minister and Council of Ministers generally continue in a caretaker capacity until a new government is formed. Their role is limited to routine administration, and they are expected not to take major policy decisions or significant financial commitments. - Elections Are Conducted
The Election Commission of India conducts elections to constitute a new Assembly. - Formation of New Government
After the election results are declared, the Governor invites the leader who is most likely to command majority support in the Assembly to form the government and prove majority through a floor test if required. - If No Government Can Be Formed
If no party or coalition is able to establish majority support, constitutional complications may arise. In extreme situations, President’s Rule under Article 356 may be imposed upon the Governor’s report, subject to constitutional limitations laid down in S. R. Bommai v. Union of India.
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For Prelims: Governor, Chief Minister, Article 153, Article 154, Article 164, and Article 243K.
For Mains: 1. In the context of friction between the state governments and the Governor explain the role and powers of the Governor and what reforms have been suggested so far to end the tussle between the state governments and the Governor.
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Previous Year Questions
Which of the following are the discretionary powers given to the Governor of a State? (UPSC CSE 2014)
1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below
A. 1 and 2 Only
B. 1 and 3 Only
C. 2, 3 and 4
D. 1, 2, 3, 4
Answer (B)
2.Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC CSE 2019)
A.First Administrative Reforms Commission (1966)
B.Rajamannar Committee (1969)
C.Sarkaria Commission (1983)
D.National Commission to Review the Working of the Constitution (2000)
Answer (C)
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CHIEF MINISTER
In India, the Chief Minister is appointed through a process that involves several steps:
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Election or Selection by the Party: Typically, the Chief Minister is the leader of the political party or coalition that has won the majority of seats in the state legislative assembly after a general election. In states where no single party secures a clear majority, alliances are formed with other parties to secure the necessary numbers to form the government.
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Selection by the Governor: Once the election results are declared, the Governor of the state, who is the constitutional head, invites the leader of the majority party or coalition to form the government. In some cases, the Governor may use their discretion to appoint a Chief Minister if there's no clear majority, often based on factors like pre-poll alliances, post-poll alliances, and the ability to prove majority support in the legislative assembly.
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Proving Majority Support: After being appointed as the Chief Minister, they must prove their majority on the floor of the state legislative assembly within a specified period. This is usually done by a vote of confidence or trust, where the Chief Minister's government needs to secure a majority of votes to continue in office.
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Swearing-in Ceremony: Once the Chief Minister has demonstrated majority support, they are formally sworn in by the Governor, along with their council of ministers. This ceremony marks the beginning of the Chief Minister's term in office
- The Chief Minister is the head of the state government and is responsible for the overall governance of the state
- The Chief Minister plays a crucial role in formulating policies and programs for the development and welfare of the state. They are also responsible for implementing these policies effectively
- The Chief Minister oversees the functioning of various government departments and agencies to ensure efficient administration and delivery of public services
- While the state legislature is responsible for making laws, the Chief Minister and their council of ministers play a significant role in formulating and introducing legislation in the state assembly
- The Chief Minister represents the state government in dealings with the central government, other states, and international organizations. They may participate in inter-state councils, meetings with the Prime Minister, and other forums where state interests are discussed
- During times of crisis, such as natural disasters, public emergencies, or civil unrest, the Chief Minister provides leadership and coordinates the government's response to ensure the safety and well-being of the people
- The Chief Minister oversees the preparation and presentation of the state budget, which outlines the government's financial priorities and allocations for various sectors
- The Chief Minister acts as the principal advisor to the Governor on matters relating to the administration of the state
- Yes, a sitting Chief Minister can be arrested if they are accused of committing a crime and if due legal process is followed.
- In India, like any other citizen, the Chief Minister is not above the law. However, there are certain procedures and protocols that must be followed when dealing with the arrest of a sitting Chief Minister due to their high constitutional position.
- If a Chief Minister is accused of a crime, law enforcement authorities may investigate the allegations and gather evidence.
- If there is sufficient evidence to establish probable cause that the Chief Minister has committed an offense, law enforcement agencies may seek permission from the appropriate legal authorities, such as a court or competent authority, to arrest the Chief Minister.
- However, it's important to note that certain constitutional provisions and legal immunities may affect the process of arresting a sitting Chief Minister.
- For example, under Article 361 of the Indian Constitution, the President, Vice-President, Governors, and certain other high-ranking officials enjoy immunity from criminal proceedings during their term of office. However, this immunity is subject to certain conditions and limitations
In most cases, it would be extremely challenging for a Chief Minister to effectively run their office from behind bars if they are arrested and incarcerated. Being in jail severely restricts their ability to carry out the duties and responsibilities of their position. Here are some reasons why:
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Limited Communication: In jail, communication channels are highly restricted. The Chief Minister may not have access to phones, computers, or other means of communication necessary for conducting official business.
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Restricted Movement: In jail, the Chief Minister's movement is limited, and they may not have the freedom to attend meetings, make public appearances, or engage in other activities essential for governing.
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Legal and Administrative Challenges: Being in jail could result in legal challenges and administrative hurdles that hinder the Chief Minister's ability to govern effectively. Legal proceedings, court appearances, and other obligations related to their arrest and incarceration would demand their attention.
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Delegation of Authority: Even if the Chief Minister attempts to delegate responsibilities to their deputies or other government officials, there are certain decisions and actions that only the Chief Minister can take. The absence of the Chief Minister's direct involvement could affect the decision-making process and governance.
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Public Perception and Confidence: The public perception of a Chief Minister being in jail could significantly impact their ability to govern effectively. It could undermine public confidence in their leadership and create political instability
- The AAP Delhi government and its leaders are accused of receiving kickbacks from alcohol businesses for preferential treatment, such as discounts on license fees, waivers on penalties, and relief during the Covid-19 pandemic.
- These funds were purportedly used to influence the Assembly elections in Punjab and Goa in early 2022, where the AAP subsequently formed the government in Punjab.
- Following a report referring to these allegations, the Central Bureau of Investigation (CBI) arrested Sisodia, along with 14 others, including AAP communications in-charge Vijay Nair.
- The Enforcement Directorate (ED) informed a court in March that the alleged proceeds of the crime exceeded Rs 292 crore, emphasizing the need to establish the modus operandi. According to the ED, the "scam" involved granting wholesale liquor business to private entities with a fixed 12% margin, in exchange for a 6% kickback.
- The ED's initial prosecution complaint in November 2021 stated that the policy was deliberately formulated with loopholes to foster cartel formations benefiting AAP leaders. Furthermore, the ED alleged that AAP leaders received kickbacks totaling Rs 100 crore from a group known as the "South Group."
- Hemant Soren, the leader of the Jharkhand Mukti Morcha (JMM), was arrested by the Enforcement Directorate (ED) on January 31 in connection with a money laundering investigation related to an alleged land scam in Jharkhand. Prior to his arrest, Soren resigned from his position, and the party selected senior minister Champai Soren as the next Chief Minister. Although Hemant Soren's arrest by the Enforcement Directorate (ED) has stirred public discussion, it's worth noting that he is not the first sitting Chief Minister to face such circumstances. Hemant Soren is the third former Chief Minister of Jharkhand to be detained, following Madhu Koda and Shibu Soren. He is implicated in a money laundering case.
- Lalu Prasad Yadav, a former Chief Minister of Bihar, was incarcerated in connection with the fodder scam, which involved the misappropriation of public funds intended for purchasing livestock feed. He was also accused of diverting significant amounts of public money over an extended period. The scheme entailed the creation of fraudulent bills to facilitate embezzlement. The scandal came to light in the 1990s, and Lalu Prasad was found guilty in one case in 2013, resulting in a five-year prison sentence and disqualification from holding elected office. He was named in the CBI chargesheet for the first time in 1997.
- J Jayalalithaa, the former Chief Minister of Tamil Nadu, faced a high-profile corruption case involving allegations of amassing assets beyond her known income during her tenure. The accusations included ownership of extensive properties, jewelry, and other assets believed to have been acquired through questionable means. In 2014, she was convicted and sentenced to four years in prison, leading to her removal as Chief Minister. She was acquitted in 2015 by the Karnataka High Court but was subsequently convicted by the Supreme Court in 2017. Jayalalithaa passed away before the verdict was delivered.
- Om Prakash Chautala, a former Chief Minister of Haryana, was embroiled in a corruption case related to teacher recruitment in the early 2000s. Allegations pointed to irregularities and corrupt practices in the selection process. In 2013, he and his son Ajay were convicted on various charges, including cheating and forgery, and received 10-year prison sentences. Despite appeals, their convictions were upheld by both the Delhi High Court and the Supreme Court in 2015. He was also convicted in 2022 for amassing assets disproportionate to his known lawful sources of income during his tenure as Chief Minister.
- Madhu Koda, the former Chief Minister of Jharkhand, was imprisoned for corruption during his tenure. He faced charges of money laundering and accumulating disproportionate assets, allegedly involved in a mining scandal and accused of granting mining contracts for bribes. He was arrested in 2009 and released on bail in 2013, but his properties worth Rs 144 crore were attached in a money-laundering case. In 2017, he was convicted and sentenced to three years in prison with a Rs 25 lakh fine.
- Chandrababu Naidu, the former Chief Minister of Andhra Pradesh, was arrested in 2023 for allegedly misappropriating funds from the Skill Development Corporation, resulting in a purported loss of over Rs 300 crore to the state exchequer. He is currently out on interim bail, awaiting further legal proceedings.
- Shibu Soren, the former Chief Minister of Jharkhand, was sentenced to life imprisonment in 2006 for his involvement in the abduction and murder of his private secretary in 1994. However, the Delhi High Court later acquitted him in 2007, and this decision was upheld by the Supreme Court in 2018
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For Prelims: Indian Polity and Governance-Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc
For Mains: General Studies II: Structure, organization and functioning of the Executive and the Judiciary—Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity
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