The importance of constitutional punctuality.

Topic: GS2 – Indian Polity and Constitution, Federalism

Related Previous year Questions on Federalism:

1. The concept of cooperative federalism has been increasingly emphasized in recent years. Highlight the drawbacks in the existing structure and the extent to which cooperative federalism would answer the shortcomings. (UPSC CSE (M) 2015)

Context:

• The Tamil Nadu Legislative Assembly passed a resolution to establish a time frame for Governors to act on Bills passed by the State Legislature, following the withholding of assent to 13 Bills by the Governor of Tamil Nadu.
• The Supreme Court of India recently ruled that Governors should not sit on Bills indefinitely.
• The concept of constitutional punctuality should not be limited to governor offices. Still, it should also apply to other high constitutional offices, such as the President of India and Speakers of Assemblies, for the timely discharge of their duties.

What is constitutional punctuality?

• Constitutional punctuality is the idea that all constitutional offices, including the Governor, President, and Speakers of Assemblies – must act promptly and within a reasonable time frame while discharging their duties.
• This ensures that there are no undue delays or obstructions in the functioning of democratic institutions, especially in the passage of Bills and other important matters.
• The concept of constitutional punctuality is crucial to the smooth and efficient functioning of the democratic process and upholding the principles of democracy.

Evolution of constitutional scheme in this regard:

• Article 200 of the Constitution limits options before the Governor to give assent to a Bill, withhold assent, or reserve it for the consideration of the President.
• No time limit is prescribed to return the Bill, which has led to Governors considering themselves unaccountable to time-bound governance.
• Governors have wrongly understood the function of granting assent to endow them with some discretionary power than what was desired by the Constitution and the constituent assembly.
• The original draft of Article 175 had the phrase “the Governor, in his discretion,” which was removed on Ambedkar’s recommendation.
• The Supreme Court has held that the discretion of the Governor is limited, and they shall act only on the aid and advice of the Council of Ministers.
• The meaning of “withholds assent from that place” has been misinterpreted to mean holding back the Bill, whereas it means returning it.

Need for time-bound governance:

• The UK has had no royal veto since 1708; the US has a time limit of 10 days for the President to give assent or veto a bill
• Delays in exercising powers by authorities have been brought under judicial review by constitutional courts.
• Supreme Court issued a writ of mandamus to the Speaker of the Meghalaya Legislative Assembly to decide on disqualification petitions within 4 weeks.
• Supreme Court highlighted the spirit of Article 200 and said Governors should bear in mind that they must act on bills “as soon as possible after the presentation of the Bill.”
• Constitutional authorities like Governors and Speakers should evolve strict time frames to avoid delays and safeguard the people’s will through legislatures.

Significance of constitutional punctuality:

• Avoiding unnecessary delays: Constitutional punctuality ensures that constitutional authorities discharge their duties within a reasonable time frame, preventing undue delays that can harm the public interest.
• Transparency and accountability: It promotes transparency and accountability in the functioning of constitutional authorities.
• Constitutional punctuality is essential for upholding the rule of law
• It ensures that the constitutional framework operates smoothly and efficiently.
• It prevents the misuse of power by constitutional authorities and ensures that they act within the limits of their powers.
• It helps to prevent unnecessary litigation and disputes arising from delays in the exercise of powers by constitutional authorities.
• The lack of constitutional punctuality can undermine public confidence in constitutional authorities and the democratic system.

Challenges in ensuring constitutional punctuality:

• Lack of clear and enforceable time limits for various constitutional authorities to perform their duties.
• Wrong interpretation of powers: Governors, Speakers, and other authorities may interpret their powers and responsibilities differently – leading to delays and disputes.
• Lack of accountability mechanisms to hold authorities responsible for delays or inaction.
• Over-reliance on the judicial system to resolve disputes and compel action leads to a burden on the courts and delays in the outcome.
• Potential political interference in the functioning of constitutional authorities leads to delays or misuse of powers.

Way forward:

• The central government can consider amending Article 200 of the Constitution to include a time limit for Governors to act on bills passed by the state legislature.
• Constitutional authorities – such as Governors and Speakers, should evolve strict time frames to discharge their duties and avoid unnecessary delays.
• The Supreme Court can play an important role by bringing matters involving delays in exercising powers by various authorities under judicial review.
• Supreme Court can also issue writs of mandamus to direct them to act within a specified timeframe.
• The media can also play a role in creating public awareness about the importance of constitutional punctuality and holding constitutional authorities accountable for any undue delays in discharging their duties.
  

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The end of Vigyan Prasar is the death of another Nehruvian idea.

Topic: GS1 – Indian Art and Culture

Context:

• The closure of Vigyan Prasar, an autonomous body under the Department of Science and Technology (DST) – tasked with promoting scientific temper and enhancing public understanding of science through communication, has raised several concerns among civil society and people.

Issue:

• The government’s decision to shut the agency was cloaked in secrecy, without public consultation at any level.
• It is part of an exercise initiated by the NITI Aayog to rationalise the functioning of autonomous societies under various Union government wings.
• The move implies that the government wants all its agencies to be centrally run, with no room for functional, institutional, or intellectual autonomy.
• Vigyan Prasar started functioning in 1989 and was a Nehruvian idea of science communication and scientific awareness tracing itself to the early days of independence.
• The agency has been instrumental in promoting public debate on science and technology and eradicating irrational attitudes.
• However, slowly it has veered away from its original mandate to promote scientific temper, science literacy, and public understanding of science.
• New projects were launched without adequate preparation and coordination, and Vigyan Prasar’s leadership fell into the trap of equating science communication with government publicity.