{"id":14120,"date":"2021-02-26T00:00:00","date_gmt":"2021-02-26T00:00:00","guid":{"rendered":"https:\/\/www.nextias.com\/current_affairs\/uncategorized\/26-02-2021\/presidents-rule-in-puducherry\/"},"modified":"2021-02-26T00:00:00","modified_gmt":"2021-02-26T00:00:00","slug":"presidents-rule-in-puducherry","status":"publish","type":"post","link":"https:\/\/www.nextias.com\/ca\/current-affairs\/26-02-2021\/presidents-rule-in-puducherry","title":{"rendered":"President\u2019s Rule in Puducherry"},"content":{"rendered":"<p><strong>In News: <\/strong>President\u2019s Rule has been imposed in the Union Territory of Puducherry.<\/p>\n<p><strong>Background<\/strong><\/p>\n<ul>\n<li>Imposed after incumbent V Narayanasamy-led Congress-DMK coalition government failed to prove the majority during the floor test.<\/li>\n<li><strong>Reasons <\/strong>\n<ul>\n<li>The defection of 6 MLAs from the ruling coalition;<\/li>\n<li>No party claimed to form a government;<\/li>\n<li>Lieutenant Governor (LG) recommended the President&#8217;s rule.<\/li>\n<\/ul>\n<\/li>\n<li>Under the President\u2019s rule, LG becomes the constitutional head of the UT.<\/li>\n<\/ul>\n<p><strong>What is Defection?<\/strong><\/p>\n<ul>\n<li>It is an event when an elected representative voluntarily gives up his party membership or disobeys the directives of the party leadership on a vote.<\/li>\n<li>In this context, \u2018<strong>Aaya Ram Gaya Ram<\/strong>\u2019 was the phrase popularised when Gaya Lal, a Haryana MLA changed his party thrice in a single day.<\/li>\n<li>In many democracies, Defection is seen as the Right to Dissent or Freedom of Speech but in India, it was associated with horse-trading with illicit money and muscle in politics.<\/li>\n<li>Hence the <strong>10th Schedule<\/strong> was added with <strong>Anti-Defection Laws<\/strong> in it in1985.\n<ul>\n<li>It disqualifies any MLA\/MP who defects from membership of Legislative Assembly or Parliament until re-elected.<\/li>\n<li>It also barred independent candidates from joining any party.<\/li>\n<li>Nominated Legislators can join any political party only up to 6 months after their appointment.<\/li>\n<li>Few exceptions have been given like the merger of two parties and the defection of two-third of legislators will not call for a disqualification.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>How is Anti-Defection Law becoming irrelevant today?<\/strong><\/p>\n<ul>\n<li><strong>Violation of Popular Mandate: <\/strong>As seen in many states like MP, Karnataka, Puducherry, etc. the defection has become a new norm.\n<ul>\n<li>It is a violation of the popular mandate.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Not fulfilling its purpose:<\/strong> The main purpose of the law was to preserve the stability of governments and insulate them from defections of legislators from the treasury benches.<\/li>\n<li><strong>Range is not defined:<\/strong> The provision was not limited to confidence motions or money bills (which are quasi-confidence motions).\n<ul>\n<li>It applies to all votes in the House, on every Bill and every other issue.<\/li>\n<li>It even applies to the Rajya Sabha and Legislative Councils, which have no say in the stability of the government.<\/li>\n<li>Therefore, an MP (or MLA) has absolutely no freedom to vote their judgement on any issue.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Against Spirit of Representative Democracy: <\/strong>There are two key roles a representative is expected to play.\n<ul>\n<li>One is that they are agents of the voters and are expected to vote according to the wishes and for the benefits of their constituents.<\/li>\n<li>The other is that their duty to their constituents is to exercise their judgement on various issues towards the broader public interest.<\/li>\n<li>The Anti-Defection makes the MP neither a delegate of the constituency nor a national legislator but converts them to be just an agent of the party..<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>Way Ahead<\/strong><\/p>\n<ul>\n<li><strong>Onus on the Political Parties: <\/strong>The political parties have to come up with a solution for a new legal framework dealing with uncertainty induced in the system.<\/li>\n<li><strong>Membership on the basis of Ideology:<\/strong> Internal strengthening of the party should be carried out with focus on membership drive and leadership based on ideology.<\/li>\n<li>To keep Indian Democracy a parliamentary system, the schedule 10 needs a relook and widespread debate on the role of legislators is to be carried out.<\/li>\n<\/ul>\n<table border=\"1\" cellspacing=\"0\" style=\"width:735px\">\n<tbody>\n<tr>\n<td style=\"vertical-align:top; width:468.0pt\">\n<p><strong>Administration of UTs<\/strong><\/p>\n<ul>\n<li><strong>Two types of Union Territories: <\/strong>With Assembly (Delhi, JK &#038; Puducherry) &#038; Without Assembly.<\/li>\n<li>Administered by the President through an administrator; either Lieutenant Governor or Chief Commissioner or Administrator.<\/li>\n<li><strong>Article 239 A: <\/strong>Power to decide the structure of administration in the UT is vested in Parliament<\/li>\n<li><strong>Article 239 AA (inserted by 69th amendment act, 1991):<\/strong> UT of Delhi is called National Capital Territory of Delhi; Legislative Assembly; make laws over State &#038; Concurrent List.<\/li>\n<li><strong>Article 240:<\/strong> Power of President may make regulations for the peace, progress and good government of the Union territory of\n<ul>\n<li>Andaman and Nicobar Islands;<\/li>\n<li>Lakshadweep;<\/li>\n<li>Dadra and Nagar Haveli;<\/li>\n<li>Daman and Diu;<\/li>\n<li>Pondicherry<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>President&#8217;s Rule<\/strong><\/p>\n<ul>\n<li>It refers to the suspension of a state government and the imposition of direct rule of the Centre.<\/li>\n<li>Under <strong>Article 356 of the Constitution <\/strong>of India, in the event that a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.<\/li>\n<li>Proclamation of President\u2019s Rule under Article 356 of the Constitution stands for six months.\n<ul>\n<li>This timeframe can be extended up to three years, in phases.<\/li>\n<\/ul>\n<\/li>\n<li>Chhattisgarh and Telangana are the only states where the President&#8217;s rule has not been imposed so far.<\/li>\n<li><strong>Grounds of Imposition<\/strong>\n<ul>\n<li>Failure of the constitutional machinery (<strong>Art 356<\/strong>).<\/li>\n<li>If any state fails to comply with all directions given by the Union.(<strong>Art 365<\/strong>).<\/li>\n<li>On the recommendation of the Governor&#8217;s report which claims that the state&#8217;s situation is such that the state government cannot carry on the governance. (<strong>Art 356<\/strong>).<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p><strong>Supreme Court\u2019s Stand<\/strong><\/p>\n<ul>\n<li><strong>S R Bommai vs Union of India , 1994: <\/strong>It should be used \u201cvery sparingly &#038; for non political gains.\n<ul>\n<li>The government\u2019s strength should be tested on the floor of the house, not on the whims of the Governor.<\/li>\n<li>Article 356, only while violation of Constitutional Machinery.<\/li>\n<li>Presidential Proclamation under Article 356 is subject to judicial review.<\/li>\n<li>The President should exercise the power only after his proclamation (imposing his\/her rule) is approved by both Houses of Parliament.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Buta Singh Case (2005), 2005: <\/strong>Governor\u2019s report could not be taken at face value and should be verified with Council of Ministers.<\/li>\n<\/ul>\n<p><strong>Relevant Committees\/Commissions with respect to Article 356<\/strong><\/p>\n<ul>\n<li><strong>Sarkaria Commission, 1987: <\/strong>Article 356 should be used <strong>very sparingly<\/strong>, in extreme cases only.\n<ul>\n<li>Any imposition of Article 356 should be accompanied with a report by the <strong>Governor to the President<\/strong> with relevant facts and details.<\/li>\n<li>No dissolution of Assembly till proclamation is ratified by the parliament<\/li>\n<\/ul>\n<\/li>\n<li><strong>National Commission for Reviewing the Working of Constitution, 2002<\/strong>: A warning should be issued to the errant State, in specific terms that it is not carrying on the government of the State in accordance with the Constitution.\n<ul>\n<li>Before taking action under Article 356, any explanation received from the State should be taken into account.<\/li>\n<li>The Governor&#8217;s report, on the basis of which a proclamation under <strong>Article 356(1) <\/strong>is issued, should be given wide publicity in all the media and in full.<\/li>\n<li><strong>Safeguards corresponding to that of Article 352<\/strong> should be incorporated in Article 356 to enable Parliament to review continuance in force of a proclamation.<\/li>\n<\/ul>\n<\/li>\n<li><strong>Justice V Chelliah Commission, 2002: <\/strong>Article 356 should be used very sparingly<strong>.<\/strong><\/li>\n<li><strong>Punchhi Commission, 2008: <\/strong>The commission recommended imposition of localized emergency i.e. in only a district or a part of it. Such an imposition should not be of a duration exceeding three months.\n<ul>\n<li>It also recommended suitable amendments in <strong>Article 356<\/strong> to incorporate the guidelines of the Supreme Court in <strong>S R Bommai case (1994)<\/strong> with regards to invoking the article.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Source: <a href=\"https:\/\/www.thehindu.com\/opinion\/lead\/the-absurdity-of-the-anti-defection-law\/article33935666.ece\" target=\"_blank\" rel=\"noopener\">TH<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>In News: President\u2019s Rule has been imposed in the Union Territory of Puducherry. Background Imposed after incumbent V Narayanasamy-led Congress-DMK coalition government failed to prove the majority during the floor test. Reasons The defection of 6 MLAs from the ruling coalition; No party claimed to form a government; Lieutenant Governor (LG) recommended the President&#8217;s rule. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":14121,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-14120","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-current-affairs"],"acf":[],"jetpack_featured_media_url":"https:\/\/wp-images.nextias.com\/cdn-cgi\/image\/format=auto\/ca\/uploads\/2023\/07\/5046275current-affairs (1).jpg","_links":{"self":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/14120","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/comments?post=14120"}],"version-history":[{"count":0,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/posts\/14120\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/media\/14121"}],"wp:attachment":[{"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/media?parent=14120"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/categories?post=14120"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nextias.com\/ca\/wp-json\/wp\/v2\/tags?post=14120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}