The security breach in Parliament last week featuring a theatrical attempt by individuals to highlight an issue of public importance — unemployment — and the Union government’s response have been deeply problematic.
The government’s stymieing of any debate over this issue in Parliament.
As many as 78 Opposition Members of Parliament were suspended on Monday.
A functioning democracy involves thorough deliberation and discussion among elected officials, seeking solutions to issues that affect citizens. Recent parliamentary sessions during the National Democratic Alliance's tenure, however, have seen attempts to pass bills without adequate discussion, disallow amendments on merit, and under-utilize standing and parliamentary committees.
Article 200 of the Indian Constitution outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President. The Governor may also return the Bill with a message requesting reconsideration by the House or Houses.
SC – landmark judgment delivered on November 10, 2023, in the State of Punjab vs Principal Secretary to the Governor of Punjab and Another
The judgment says that if the Governor decides to withhold assent, he has to send it back to the Assembly immediately for reconsideration-means no choice after it comes back again.
The Supreme Court of India has in the Punjab case said emphatically that Governors cannot delay the decision on the Bills (in case there's no action.)
But still there’s a dilemma- What if delay is intended by sending it to President and in what case it should be sent to president..???
Kerala & TN Governors have done so repeatedly in recent times-delaying the bills uselessly.
Conclusion- SC is clear that real power must be with elected representatives: hallmark of democracy.
As in the politics of Chhattisgarh, it is said that the party with which the tribal voter goes forms the government in the State as tribal voters have a 34% of the vote share in the State.
Voter turnout in Maoist-affected areas such as Bijapur and Konta was as low as 3% to 4%.
Maoists attempt to run their parallel government of ‘jantana sarkar’ .
On PESA-In spite of the PESA Act being passed in 1996, not one of the State governments concerned has implemented the same in the correct spirit, by issuing policy directives.
The Maoists have created a myth about themselves by pretending to be champions of the tribal cause, and the same needs to be called out in a credible manner by empowering democracy at the grassroots.
Anti-Defection law grounds:
Voluntary Giving Up membership
Violation of Instructions
If any independently elected member joins any political party.
If any nominated member joins any political party after the expiry of six months.
The years following the implementation of the Tenth Schedule have exposed the chinks in its armor(weakness).
In the splits that occurred in the Shiv Sena and the Nationalist Congress Party (NCP), a group in each of these parties mustered the required two-thirds majority of legislators in the legislature party, and formed a separate faction.
No merger with BJP yet-still unclear which faction will face disqualification; both claim to be original faction.
No provision of law should be a fallback option for parties in the Opposition to upend democratically elected governments. The merger exception should be deleted from the Tenth Schedule. That should be the first step towards ridding the Tenth Schedule of its ailments, after which other steps should follow.
