2. About anti-defection law

The anti-defection law in India refers to the provisions laid down in the Tenth Schedule of the Constitution of India, which was inserted by the 52nd Amendment Act of 1985. The primary purpose of the anti-defection law is to curb "political defections" by legislators for personal gains or due to extraneous considerations, thereby promoting stability and integrity in the political system.

Key features and purposes of the anti-defection law include

• The law provides for the disqualification of elected legislators if they voluntarily give up the membership of their political party or disobey the directives issued by their party leadership on voting in legislative matters.
• By penalizing defections, the law aims to preserve stability and discipline within political parties. It discourages legislators from switching parties solely for opportunistic reasons, thereby promoting a more principled approach to politics.
• Preventing defections helps in maintaining stable governments by reducing the likelihood of frequent changes in government formation due to opportunistic alliances or individual defections. This stability is essential for effective governance and policy implementation.
• The law seeks to protect the mandate given by voters to a particular political party during elections. Defections can undermine the trust placed by voters in a party's policies and candidates, and the anti-defection law aims to safeguard the integrity of the electoral process.
• By discouraging defections and ensuring that legislators adhere to the party's stance on legislative matters, the law contributes to the smooth functioning of legislatures. It reduces disruptions caused by political uncertainties and promotes a more focused approach to lawmaking and governance.
• The anti-defection law upholds democratic principles by emphasizing the importance of party discipline and accountability. It encourages elected representatives to remain committed to the party's ideology and manifesto, thereby fostering a more transparent and accountable political system.

3. Has the anti-defection law ensured the stability of governments?

The effectiveness of the anti-defection law in ensuring the stability of governments in India is a subject of debate. While the law has certainly had some impact on curbing defections and promoting party discipline, its efficacy in maintaining government stability is not absolute.

Several factors contribute to this nuanced perspective

• The anti-defection law has succeeded in reducing blatant opportunistic defections where legislators switch parties solely for personal gains or political expediency. This has helped in preventing frequent changes in government formation and instability arising from such defections.
• In a multi-party democracy like India, coalition governments are common, and the anti-defection law has played a role in preserving these coalitions by deterring individual legislators from defecting and causing the collapse of the government.
• By discouraging defections and ensuring party discipline, the law has contributed to the smooth functioning of legislatures, which is essential for passing legislation and conducting parliamentary business. This has indirectly supported government stability by facilitating the enactment of policies and laws.
• Despite its provisions, the anti-defection law has faced challenges and criticisms. Some critics argue that the law has not entirely prevented defections, as legislators often find loopholes or exploit exceptions in the law to switch parties without facing disqualification.
• Government stability is influenced by various factors beyond the anti-defection law, including political dynamics, coalition dynamics, public opinion, and socio-economic factors. The law alone cannot guarantee government stability in the face of broader political uncertainties and challenges.
• While promoting stability, the anti-defection law has also raised concerns about its impact on democratic values such as freedom of speech and dissent within political parties. Critics argue that the law may stifle legitimate dissent and independent decision-making among legislators.

4. What constitutes defection? Who is the deciding authority?

Defection refers to the act of an elected representative or member of a political party abandoning their original party affiliation and joining another political party or forming a separate group, either independently or in association with others, without following the procedures laid down by their party or the law.

In the context of the anti-defection law in India, defection is specifically defined as:

• If a member of a political party voluntarily gives up their membership of that party.
• If an elected member votes or abstains from voting against the directives issued by their party leadership (whip) on a particular legislative matter, without obtaining prior permission.
• If a member of a political party joins another political party after being elected as a representative.
• If a member of a political party forms or joins a new group or political party, and such group consists of at least one-third of the members of the original political party in the legislature.

The deciding authority regarding defection cases is typically the Speaker or Chairman of the concerned legislative body (e.g., Lok Sabha, Rajya Sabha, State Legislative Assembly, or State Legislative Council). Upon receiving a complaint or petition regarding a defection case, the Speaker or Chairman examines the matter and makes a decision based on the provisions of the anti-defection law.

The Speaker or Chairman is responsible for determining whether the actions of the member(s) constitute defection as per the law and, if so, for issuing appropriate orders, including disqualification of the defectors from membership of the legislature. The decision of the Speaker or Chairman can be challenged in the courts through legal recourse if it is perceived to be arbitrary or in violation of constitutional principles.

5. Kihoto Hollohan case (1993)

The Kihoto Hollohan vs. Zachillhu and Others case, decided by the Supreme Court of India in 1992, is a landmark case related to defection and the role of the Speaker in Indian politics.

• The Tenth Schedule of the Indian Constitution, introduced through the 52nd Amendment in 1985, laid down provisions to curb defection by elected representatives. This case challenged the constitutionality of the Tenth Schedule, particularly the broad powers it granted to the Speaker in deciding defection cases.
• The petitioners argued that giving the Speaker such extensive power violated the doctrine of basic structure and potentially infringed on the freedom of speech, dissent, and conscience of elected representatives.
• The Supreme Court, in a majority judgment, upheld the Tenth Schedule and the Speaker's broad powers. The court reasoned that:
  • The Speaker occupies a crucial position in the parliamentary system and is expected to handle sensitive matters.
  • Granting the Speaker broad discretion is necessary for the efficient and effective functioning of the anti-defection law.
  • The court acknowledged the potential for bias but believed it was minimized by the Speaker's constitutional position and the requirement to act in good faith.

Significance: The Kihoto Hollohan case remains a pivotal judgment shaping Indian politics. It

• Established the Speaker's authority in deciding defection cases.
• affirmed the constitutionality of the anti-defection law.
• However, the case also sparked discussions about the balance between stability and individual rights in the context of defection. It continues to be debated whether the broad powers granted to the Speaker are truly necessary or pose a risk to democratic principles.

6. SR Bommai case (1994)

The SR Bommai case, officially known as S.R. Bommai vs. Union of India, is a landmark judgment delivered by the Supreme Court of India in 1994. This case dealt with issues related to the dismissal of state governments under Article 356 of the Constitution of India, popularly known as the President's Rule.

The case was prompted by the dismissal of the government in the state of Karnataka in 1989 under Article 356 by the then-central government led by Prime Minister Rajiv Gandhi. This dismissal led to legal challenges, including petitions filed by S.R. Bommai, who was the Chief Minister of Karnataka at the time of dismissal.

Key Issues

1. Whether the decision of the President to impose President's Rule in a state under Article 356 was immune from judicial review.
2. Whether the power of the President to dismiss a state government was absolute or whether there were limitations on this power.
3. Whether there were grounds for judicial intervention in cases of misuse or abuse of Article 356 by the Central government.

Key Judgments

• The Supreme Court held that the imposition of the President's Rule in a state is subject to judicial review. The Court ruled that the exercise of power under Article 356 is justiciable, and the President's satisfaction with imposing the President's Rule can be questioned in a court of law.
• The Court laid down guidelines and limitations on the exercise of power under Article 356. It held that the President's Rule can only be imposed in exceptional circumstances where the constitutional machinery in a state has completely broken down, and the Governor's report justifying the imposition of the President's Rule must be based on relevant material.
• The Court ruled that a floor test in the legislative assembly is the most effective way to determine the strength of the government and resolve political uncertainties. It held that the majority enjoyed by a government in the assembly should be tested on the floor of the House.

Significance: The SR Bommai case is significant as it established judicial guidelines and limitations on the use of Article 356 and provided clarity on the scope of judicial review in matters related to the dismissal of state governments. It reinforced the principles of federalism and democracy by limiting the Central government's power to dismiss state governments arbitrarily and ensuring accountability in the exercise of such powers.

7. The 52nd Amendment Act of 1985 and the 10th Schedule of the Constitution

The 52nd Amendment Act of 1985 was a significant amendment to the Constitution of India. It introduced the Tenth Schedule to the Constitution, commonly known as the anti-defection law. The primary objective of this amendment was to curb the practice of political defections by legislators, which often led to instability in governments and undermined the democratic process.

Key provisions of the 52nd Amendment Act and the Tenth Schedule include

1. The Tenth Schedule defines defection and provides criteria for disqualification of legislators who defect from their political party.
2. Legislators can be disqualified if they voluntarily give up their party membership or violate the directives issued by their party leadership on voting in legislative matters.
3. The Tenth Schedule empowers the Speaker or Chairman of the legislative body to decide on defection cases. The decision of the Speaker or Chairman regarding disqualification is final and cannot be questioned in a court of law except on certain grounds such as mala fide or violation of principles of natural justice.
4. The Tenth Schedule provides certain exceptions to disqualification, such as when a political party merges with another party, and two-thirds of its members agree to the merger.
5. While the decision of the Speaker or Chairman is generally final, it is subject to judicial review on certain grounds, such as violation of constitutional provisions or principles of natural justice.

The 52nd Amendment Act and the Tenth Schedule were introduced to promote stability and integrity in the political system by discouraging defections and preserving party discipline. However, over the years, there have been debates and discussions about the effectiveness of the anti-defection law and its impact on democratic principles such as freedom of speech and dissent within political parties. Nevertheless, the introduction of the Tenth Schedule remains a significant milestone in the constitutional history of India aimed at strengthening the democratic framework of the country.

8. 91st Amendment Act of 2003

The 91st Amendment Act of 2003 is an important amendment to the Constitution of India. This amendment introduced changes to Article 75 and Article 164, which deal with the appointment of Ministers in the Union Council of Ministers and State Council of Ministers, respectively. The primary objective of the 91st Amendment Act was to prevent the practice of "office of profit" by Members of Parliament (MPs) and Members of the State Legislature (MLAs).

Key provisions of the 91st Amendment Act include

1. The amendment clarified the definition of "office of profit" held by MPs and MLAs. An office of profit refers to any position held by a person which brings them some financial gain, advantage, or benefit.
2.  The amendment exempted certain offices from being considered as offices of profit. These include offices held by MPs or MLAs as Ministers, or positions that the Parliament or State Legislature has specifically declared as not being offices of profit.
3. The amendment specified that a person shall be disqualified from being a member of Parliament or State Legislature if they hold any office of profit under the Government of India or the Government of any state, other than offices exempted by law.
4. The amendment allowed for the Parliament or State Legislature to make laws specifying the offices that are exempted from disqualification. It also provided for the interpretation of the term "office of profit" by the Parliament or State Legislature.

The 91st Amendment Act aimed to ensure that legislators do not hold positions that could potentially compromise their independence and impartiality in discharging their duties as elected representatives. By preventing MPs and MLAs from holding offices of profit, the amendment sought to uphold the principles of transparency, accountability, and integrity in the functioning of the legislative bodies in India.

8.1. What is that ‘exception’?

• The exception mentioned in the context of the 91st Amendment Act of 2003 refers to certain offices that are exempted from being considered as "office of profit" and, therefore, do not lead to disqualification of MPs or MLAs holding such positions.
• The amendment provides that certain offices can be specifically exempted by law from being considered as offices of profit. This means that the Parliament or State Legislature can pass laws to declare certain positions or offices as not falling under the definition of office of profit, thereby allowing MPs or MLAs to hold these positions without facing disqualification.
• The purpose of this exception is to provide clarity and flexibility in determining which positions should be considered as offices of profit and which should be exempted. It allows for a case-by-case examination of positions held by legislators to ensure that they do not hold any office that could potentially compromise their independence or impartiality in discharging their duties as elected representatives.
• Examples of offices that may be exempted from being considered as offices of profit include positions held by legislators as Ministers or positions that are honorary or ceremonial, without any substantial remuneration or executive authority attached to them. However, the specific exemptions may vary depending on the laws passed by the Parliament or State Legislature.

9. The Way Forward

The anti-defection law remains a significant milestone in India's constitutional history, aimed at strengthening democratic principles and promoting a more transparent and accountable political system. There is a need to review and strengthen the implementation of the law, enhance transparency in defection cases, promote intra-party democracy, and encourage public awareness to uphold the integrity of the electoral process and ensure the stability of governments.

Source: The Indian Express

MONSOON IN INDIA

 

 

 

1. Context

This year’s monsoon season is likely to bring below-normal rainfall. The India Meteorological Department (IMD) has said the country as a whole was expected to receive only 92% of normal rainfall this season. This forecast, however, does not capture the intra-seasonal and regional variations in rainfall that are a standard feature of Indian monsoon. These would become evident only at a later stage.

 

2. What is a Monsoon?

 

A monsoon is a seasonal weather pattern characterized by changes in the direction of prevailing winds, which typically result in distinct wet and dry seasons. Monsoons are caused by the differential heating of land and sea, which creates pressure gradients that drive large-scale wind systems.

Key features of a monsoon include:

• Monsoons involve a significant shift in wind direction between seasons. During the wet season, winds blow from the ocean towards the land, bringing moist air and heavy rainfall. During the dry season, winds reverse direction, blowing from the land to the ocean, resulting in dry conditions
• The wet season is marked by heavy and sustained rainfall, often leading to flooding and lush vegetation growth. The dry season, in contrast, has little to no rainfall, leading to drought conditions in some regions
• Monsoons are most commonly associated with South Asia, particularly the Indian subcontinent. Other regions that experience monsoon patterns include Southeast Asia, parts of Africa, Australia, and the southwestern United States
• Monsoons play a crucial role in the climate and agriculture of affected regions. They provide essential water for crops and replenish groundwater supplies. However, they can also cause destructive flooding and landslides

3. Indian Monsoon

 

• The Indian monsoon is a significant and complex weather phenomenon that has a profound impact on the climate, agriculture, and economy of the Indian subcontinent one of the most well-known and studied monsoon systems is the Indian monsoon, which significantly affects the climate and economy of India and its neighbouring countries.
• Southwest Monsoon: Occurs from June to September. Winds blow from the southwest, bringing moisture-laden air from the Indian Ocean, resulting in heavy rainfall over the Indian subcontinent.
• Northeast Monsoon: Occurs from October to December. Winds blow from the northeast, bringing drier air, although the southeastern coast of India and Sri Lanka receive some rainfall during this period.

4. Monsoon basics and dates

 

• The Southwest Monsoon from June to September delivers over 70% of India's annual rainfall. Typically, the monsoon reaches the Andaman Sea in the third week of May and moves onto the mainland through Kerala, with June 1 being the usual start date.
• Its progression is characterised by surges, advancing rapidly to central India before slowing down.
• By the end of June, it generally reaches north Uttar Pradesh, Delhi, and surrounding areas, covering the entire country by July 15. An early or timely onset does not ensure consistent or adequate rainfall throughout the season, nor does a delayed onset necessarily lead to below-average rainfall.
• The total rainfall from June to September is influenced by various factors and exhibits natural year-to-year variability, making each monsoon season unique. The distribution of rainfall is as important as the total amount.
• The India Meteorological Department (IMD) predicts 'above normal' rainfall for this season, estimated to be 106% of the Long Period Average of 880 mm (based on 1971-2020 data).
• This forecast of increased rainfall is largely due to the expected development of La Niña conditions, which typically enhance the Indian monsoon, and a positive phase of the Indian Ocean Dipole (IOD)

 

5.Branches of Indian Monsoon

The Indian Monsoon is broadly divided into two main branches, each with distinct characteristics and regions of influence: the Arabian Sea Branch and the Bay of Bengal Branch.

Arabian Sea Branch

Characteristics:

• Source: Originates from the southwestern part of the Arabian Sea.
• Path: Moves towards the western coast of India.
• Onset: Typically hits the Kerala coast around June 1st, marking the official start of the Southwest Monsoon.

Key Features:

• Western Ghats: The moist air from the Arabian Sea rises when it encounters the Western Ghats, causing heavy rainfall on the windward side.
• Progression: Advances northwards along the western coast, bringing significant rainfall to regions such as Goa, Karnataka, Maharashtra, and Gujarat.
• Reach: Extends into central and northwestern India, contributing to the monsoon rains in these areas.

Bay of Bengal Branch

Characteristics:

• Source: Originates from the southeastern part of the Bay of Bengal.
• Path: Moves towards the eastern coast of India and then travels northwestwards.

Key Features:

• Northeastern India: Initially brings heavy rainfall to northeastern states such as Assam, Meghalaya, and West Bengal as it hits the Eastern Himalayas.
• Progression: Moves across the Indo-Gangetic Plain, covering Bihar, Uttar Pradesh, and eventually reaching northern India including Delhi.
• Distribution: Influences the monsoon patterns in central and northern India, often merging with the Arabian Sea branch to provide widespread rainfall.

 

6.Factors affecting Indian Monsoon

Coriolis Force

The Coriolis Force is an apparent force resulting from the Earth's rotation. It influences the rotational movement seen in tropical cyclones, causing monsoon winds to deflect eastward and blow from the southwest to the northeast. Since the Earth's rotation is constant, the Coriolis Force experienced by air at a specific latitude and velocity remains steady.

Mascarene High

The Mascarene High is a significant high-pressure zone that drives the southwest monsoon winds toward the Indian subcontinent. Forming by mid-April, the strength of this high-pressure area is crucial in determining the intensity of the Indian monsoon. A stronger high leads to stronger winds and a more robust monsoon. A delayed formation of the Mascarene High can result in a delayed onset of the monsoon in India.

Indian Summer

High-pressure winds move towards low-pressure areas. The Himalayas play a key role in summer heating by blocking cold northern air, allowing for warmer conditions. During summer, India becomes extremely hot, and surrounding ocean temperatures rise. This creates a pressure gradient between the cooler sea air and the warmer land air, particularly over Rajasthan. Consequently, monsoon winds are drawn towards the low-pressure area over India.

Indian Ocean Dipole

In 1999, N.H. Saji and colleagues from Japan’s University of Aizu identified the Indian Ocean Dipole (IOD), an ENSO-like phenomenon in the Indian Ocean. The IOD has three phases: positive, negative, and neutral. During the positive IOD phase, sea surface temperatures in the western Indian Ocean are warmer than in the eastern part. Conversely, during the negative phase, the eastern Indian Ocean is warmer. No significant gradient exists during the neutral phase. Positive IOD phases are associated with significantly higher Indian summer monsoon rainfall compared to negative IOD phases.

El Niño

El Niño refers to the occasional appearance of a warm ocean current off the coast of Peru, temporarily replacing the cold Peruvian current. Named after the infant Christ ("El Niño" means "the child" in Spanish) because it occurs around Christmas, El Niño leads to increased sea-surface temperatures and reduced trade winds in the region.

El Niño Southern Oscillation (ENSO)

The El Niño Southern Oscillation (ENSO) describes the cyclic variations in sea surface temperatures around the equatorial Pacific Ocean. ENSO's unpredictable nature has long challenged forecasters. It affects global weather patterns, especially in countries bordering the Pacific Ocean, by influencing air circulation.

Intertropical Convergence Zone (ITCZ)

The ITCZ is a broad low-pressure area found in equatorial latitudes where the northeast and southeast trade winds converge. This zone shifts north and south following the sun’s apparent movement. The position and strength of the ITCZ significantly affect the Indian Monsoon.

Tropical Easterly Jet (TEJ)

The TEJ plays a crucial role in initiating the southwest monsoon. This jet stream flows over the Indian Ocean near Madagascar, intensifying the high-pressure cell and triggering the southwest monsoon. Persistent high summer temperatures over Tibet help develop the easterly jet, leading to heavy rainfall in India. Conversely, if the Tibetan Plateau retains its snow cover, the easterly jet does not form, resulting in reduced monsoon rainfall in India. Thus, years with extensive snow in Tibet are typically followed by weaker monsoons and less rainfall

 

 

 

For Prelims: Southwest monsoon El Nino, Coriolis Force For Mains: GS I- Monssons and their effects on Indian Agriculture

 

Source: Indianexpress