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President’s Rule in Puducherry

Posted on February 26, 2021 by admin1  82

In News: President’s 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’s rule.
  • Under the President’s rule, LG becomes the constitutional head of the UT.

What is Defection?

  • 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.
  • In this context, ‘Aaya Ram Gaya Ram’ was the phrase popularised when Gaya Lal, a Haryana MLA changed his party thrice in a single day.
  • 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.
  • Hence the 10th Schedule was added with Anti-Defection Laws in it in1985.
    • It disqualifies any MLA/MP who defects from membership of Legislative Assembly or Parliament until re-elected.
    • It also barred independent candidates from joining any party.
    • Nominated Legislators can join any political party only up to 6 months after their appointment.
    • 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.

How is Anti-Defection Law becoming irrelevant today?

  • Violation of Popular Mandate: As seen in many states like MP, Karnataka, Puducherry, etc. the defection has become a new norm.
    • It is a violation of the popular mandate.
  • Not fulfilling its purpose: The main purpose of the law was to preserve the stability of governments and insulate them from defections of legislators from the treasury benches.
  • Range is not defined: The provision was not limited to confidence motions or money bills (which are quasi-confidence motions).
    • It applies to all votes in the House, on every Bill and every other issue.
    • It even applies to the Rajya Sabha and Legislative Councils, which have no say in the stability of the government.
    • Therefore, an MP (or MLA) has absolutely no freedom to vote their judgement on any issue.
  • Against Spirit of Representative Democracy: There are two key roles a representative is expected to play.
    • 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.
    • The other is that their duty to their constituents is to exercise their judgement on various issues towards the broader public interest.
    • 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..

Way Ahead

  • Onus on the Political Parties: The political parties have to come up with a solution for a new legal framework dealing with uncertainty induced in the system.
  • Membership on the basis of Ideology: Internal strengthening of the party should be carried out with focus on membership drive and leadership based on ideology.
  • 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.

Administration of UTs

  • Two types of Union Territories: With Assembly (Delhi, JK & Puducherry) & Without Assembly.
  • Administered by the President through an administrator; either Lieutenant Governor or Chief Commissioner or Administrator.
  • Article 239 A: Power to decide the structure of administration in the UT is vested in Parliament
  • Article 239 AA (inserted by 69th amendment act, 1991): UT of Delhi is called National Capital Territory of Delhi; Legislative Assembly; make laws over State & Concurrent List.
  • Article 240: Power of President may make regulations for the peace, progress and good government of the Union territory of
    • Andaman and Nicobar Islands;
    • Lakshadweep;
    • Dadra and Nagar Haveli;
    • Daman and Diu;
    • Pondicherry

President’s Rule

  • It refers to the suspension of a state government and the imposition of direct rule of the Centre.
  • Under Article 356 of the Constitution 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.
  • Proclamation of President’s Rule under Article 356 of the Constitution stands for six months.
    • This timeframe can be extended up to three years, in phases.
  • Chhattisgarh and Telangana are the only states where the President’s rule has not been imposed so far.
  • Grounds of Imposition
    • Failure of the constitutional machinery (Art 356).
    • If any state fails to comply with all directions given by the Union.(Art 365).
    • On the recommendation of the Governor’s report which claims that the state’s situation is such that the state government cannot carry on the governance. (Art 356).

Supreme Court’s Stand

  • S R Bommai vs Union of India , 1994: It should be used “very sparingly & for non political gains.
    • The government’s strength should be tested on the floor of the house, not on the whims of the Governor.
    • Article 356, only while violation of Constitutional Machinery.
    • Presidential Proclamation under Article 356 is subject to judicial review.
    • The President should exercise the power only after his proclamation (imposing his/her rule) is approved by both Houses of Parliament.
  • Buta Singh Case (2005), 2005: Governor’s report could not be taken at face value and should be verified with Council of Ministers.

Relevant Committees/Commissions with respect to Article 356

  • Sarkaria Commission, 1987: Article 356 should be used very sparingly, in extreme cases only.
    • Any imposition of Article 356 should be accompanied with a report by the Governor to the President with relevant facts and details.
    • No dissolution of Assembly till proclamation is ratified by the parliament
  • National Commission for Reviewing the Working of Constitution, 2002: 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.
    • Before taking action under Article 356, any explanation received from the State should be taken into account.
    • The Governor’s report, on the basis of which a proclamation under Article 356(1) is issued, should be given wide publicity in all the media and in full.
    • Safeguards corresponding to that of Article 352 should be incorporated in Article 356 to enable Parliament to review continuance in force of a proclamation.
  • Justice V Chelliah Commission, 2002: Article 356 should be used very sparingly.
  • Punchhi Commission, 2008: 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.
    • It also recommended suitable amendments in Article 356 to incorporate the guidelines of the Supreme Court in S R Bommai case (1994) with regards to invoking the article.

Source: TH


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