Sept 17th 2024 Current Affairs

Index:

1. How do Emergency Provisions impact Centre-State relations?

What is the federal structure of governance in India?

India is a federation with governments at two levels: Centre and States.
Seventh Schedule of the Indian Constitution divides power between the Union and the States, with the states responsible for maintaining law and order in their respective regions.

What are emergency provisions?

· Part XVIII of the Constitution provides for emergency provisions.

· Article 355 imposes a duty on the Centre to protect every State from external aggression and internal disturbances.

· Article 356 allows for the imposition of President’s Rule if a state government fails to function according to the Constitution.

How do Articles 355 and 356 affect federalism?

Article 355: Obligates the Centre to ensure state governments function according to constitutional principles.
Article 356: Allows for the President’s Rule if the state government cannot function, often viewed as a violation of federal principles due to its imposition by the Centre.

Misuse of Article 356

Historical misuse of Article 356 to remove elected state governments, often on flimsy grounds (e.g., political instability or loss of majority in the legislature).
R. Bommai Case (1994): The Supreme Court ruled that Article 356 should only be invoked in the event of a breakdown of constitutional machinery and not ordinary governance failure.

Shifts in Legal Interpretation

Supreme Court Rulings: In cases like State of Rajasthan v. Union of India (1977) and R. Bommai v. Union of India (1994), the court clarified that Article 356 should be used as a last resort.
Article 355: Has been interpreted to include wider responsibilities for the Centre to protect states under constitutional obligations.

Suggestions for Reform

Recommendations from the Sarkaria Commission (1987), National Commission to Review the Working of the Constitution (2002), and Punchhi Commission on Centre-State Relations (2010) emphasize that Article 355 imposes duties on the Union to ensure constitutional governance in states, while also preventing misuse of Article 356.
President’s Rule should only be imposed in situations of extreme urgency.

2. Women-led Development in the Rajya Sabha

CONTEXT

The term women-led development has become a key theme under India’s G20 presidency, recognized as one of the six focal points.
The concept shifts women from being mere beneficiaries of development to being active participants in the planning and decision-making process.

Key Measures in the Rajya Sabha

Leadership Role: Vice President and Chairman of the Rajya Sabha, Jagdeep Dhankhar, has introduced progressive measures to enhance women’s role in parliamentary proceedings.
Nari Shakti Vandan Adhiniyam (Women’s Reservation Bill), 2023: Passed in the Rajya Sabha, it symbolized women’s commanding position in the legislative process.
Women Vice-Chairpersons: Mr. Dhankhar reconstituted the panel of vice-chairpersons to include only women, with women constituting 50% of the positions.

Major Initiatives Under Women-led Development

Empowerment and Sustainable Development: As per the G20 New Delhi Leaders’ Declaration, women’s empowerment is crucial for achieving the 2030 Agenda for Sustainable Development. India’s efforts focus on Goal 5 of the SDGs—gender equality and women’s leadership.
Rajya Sabha Initiatives: The Secretariat has taken steps to ensure women are at the forefront of leadership in Parliamentary functions, such as managing Parliamentary Standing Committees and other high-responsibility positions.

Women Officers in the Secretariat

Leadership in Roles: Women officers have been appointed in key positions across different services in the Rajya Sabha Secretariat.
Skill-based Responsibilities: Women officers are actively involved in drafting legislative content, human resources, and capacity-building divisions.
Progressive Changes:
- Sections historically considered male-dominated have seen a shift in training and preparation of female officers.
- The Table of the House is largely manned by women during legislative proceedings.
- Women officers now manage chamber duty, offering a more inclusive and dynamic environment.

Technological and Training Innovations

App for Women Officers: The app, Vahan, helps women officers manage duties and communicate with colleagues, particularly during odd hours.
Gender Sensitization and Leadership: Workshops and talks have been organized to foster gender parity and enhance the creative engagement of women in Parliament.

Future Roadmap

Increased Representation and Leadership: Women are now occupying prominent roles across the Secretariat, with plans for further involvement at the national and state legislature levels.

International Exchange Program: Mr. Dhankhar has invited women officers for an interaction program in Delhi, emphasizing the need to build a gender-inclusive future for legislative bodies across India.