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Appointing Deputy CMs not a breach of Constitution: SC

4/5

Prelims: Polity-State Executive, Deputy CM
Mains: Structure, Organization and Functioning of the Executive and the Judiciary , Ministries and Departments of the Government

Why in News ?

The Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in States on the ground that no such position exists in the Constitution.

About: 

  • About Deputy CM :
    • Constitutional provisions- Deputy CM is a political post, and it’s not a constitutional post like Vice President of India.
    • Origin – to the post of Deputy Prime Minister which was appointed in 1947 post-independence, Sardar Vallabhai Patel is the first Deputy PM of India.
    • This led to the development of post of Deputy CM in India.
    • Appointment and removal- The appointment and removal of Deputy CM is entirely at the discretion of Chief Minister.
    • Chief Minister can appoint more than one Deputy CM.
    • For example: Maharashtra has two Deputy CMs and Andhra Pradesh has five Deputy CMs.
    • Tenure – There is no fixed tenure as Chief Minister may reshuffle the portfolio or remove a deputy CM at any point of time.
    • Rank- Deputy CM rank is equivalent to the rank of cabinet minister in the state, and has same pays and perks as Cabinet Minister.
    • Anugrah Narayan Sinha from Bihar was the first leader to hold the post of deputy CM post-Independence.

Deputy Prime Minister

  • Deputy Prime Minister is the second highest ranking minister of the Union Council of Ministers, which is not a constitutional post.
  • The first and longest served Deputy PM of Independent India is Sardar Vallabhai Patel.
  • Since 1947, India has 7 deputy PMs, of which none having at least one full term.
  • Lal Krishna Advani was the seventh and last person to serve as the Deputy PM of India.

Source: TH

5/5
  • Prelims: Env (Species Conservation), Great Indian Bustard
  • Mains: Conservation, Environmental Pollution and Degradation, Environmental Impact Assessment.

Why in News ?

  • Wildlife authorities have not spotted it for the last couple of years at the Rollapadu Wildlife Sanctuary in Nandyal district.
  • Scientists at the conservation breeding centre at Pokhran in Rajasthan achieved a major milestone when captive-reared birds bred first time naturally in 2023

Key Facts 💡

  • Conservation status : IUCN – Critically Endangered
  • CITES Appendix 1
  • WLP Act 1972 Schedule 1

 About the News or main Topic

  • About GREAT INDIAN BUSTARD :
    • It is one of the heaviest flying birds (weighing up to 15kgs). They inhabit dry grasslands and scrublands on the Indian subcontinent.
    • Habitat: Iendemic to the Indian subcontinent. It is found in Rajasthan (Desert National park), Gujarat, Madhya Pradesh, Karnataka, and Andhra Pradesh in India and parts of Pakistan.
    • Food Habits: omnivores. They prey on various arthropods, worms, small mammals, and small reptiles.
    • Threats: Death by collision with infrastructure, particularly power lines and wind turbines, Depletion of grasslands hunting, development of mines and human habitation in and around their habitats among others.
      • Only 140 left globally
Great Indian Bustard
  • Conservation Initiatives : 
    • Project Great Indian Bustard : It was launched by Rajasthan Government with the objective of conservation of the remaining population of critically endangered Great Indian Bustard locally called Godawan.
    • Firefly bird diverters : These are flaps installed on power lines, a reason for many death among GIB. They work as reflectors for bird species like the GIB. Birds can spot them from a distance of about 50 meters and change their path of flight to avoid collision with power lines.
    • MoEF&CC, Rajasthan government and Wildlife Institute of India (WII) have also established a conservation breeding facility in Desert National Park at Jaisalmer in June 2019.
    • Species Recovery Programme: It is kept under the species recovery programme under the Integrated evelopment of Wildlife Habitats of the Ministry of Environment, Forests and Climate Change (MoEFCC).

Source: TH

PYQ/ FAQ related to Topic: (Not more than 2-3 question)

Q. With reference to India’s Desert National Park, which of the following statements are correct? (2020)

1. It is spread over two districts.
2. There is no human habitation inside the Park.
3. It is one of the natural habitats of Great Indian Bustard.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Ans: C. 1 and 3 only

Explaination : 

  • National Park but many villagers lived inside Desert National park, and they did not have access to even basic facility like road, electricity and water. 2017: Supreme Court ordered the government to provide such facilities to them. 
  • Desert national park is spread in two districts of Rajasthan Jaisalmer & Barmer. 
  • It is Natural home to the Great Indian Bustard. 
3/5
  • Prelims: Schemes (Eco) , Swachhata Green Leaf Rating system
  • Mains: Issues Relating to Development and Management of Social Sector/Services relating to Health, Education, Human Resources.

Q. How could social influence and persuasion contribute to the success of Swachh Bharat Abhiyan? (2016)

Why in News ?

  • There has been no response from the States or the Union Territories regarding the system except U.T. of J/K .

Key Facts 💡 

  • Ministry – Min of Tourism, Min of Jal Shakti – Department of Drinking Water and Sanitation.
  • Govt scheme – Swachh Bharat Mission – Gramin (rural)

About:

  • Swachhata Green Leaf Rating system :
    • Launched by the Department of Drinking Water and Sanitation (DDWS), Ministry of Jal Shakti in collaboration with the Ministry of Tourism on 2 November 2023.
    • This system would rate hospitality facilities of the country based on their compliance to safe sanitation practices is in alignment with the Travel for Life commitment of the Ministry of Tourism under Mission LiFE of NITI Aayog.
    • initially piloted in the Union Territory of Jammu and Kashmir and thereafter will be scaled up for a nationwide rollout.
    • Safe sanitation practices under the SGLR are expected to enhance awareness and collaborative achievements for common goals in the tourism and hospital sector leading to safe and adequate sanitation facilities.
    • The campaign is voluntary for hospitality facilities and the Rating System is intended for all tourist facilities.

Swachh Bharat Mission Grameen (SBM-G)

    • Launched in 2014 by the Ministry of Jal Shakti to accelerate the efforts to achieve universal sanitation coverage and to put focus on sanitation.
    • It emphasizes the sustainability of achievements under phase I and to provide adequate facilities for Solid/Liquid & plastic Waste Management (SLWM) in rural India.
    • Components : Plastic waste management, Biodegradable solid waste management (including animal waste management), Greywater (Household Wastewater) management, Fecal sludge management.
    • GOBAR-DHAN (Galvanizing Organic Bio-Agro Resources) Scheme: Launched by the Ministry of Jal Shakti in 2018 and aims to augment income of farmers by converting biodegradable waste into compressed biogas (CBG).

Source: TH

4.5/5

Prelims: Polity (Governor and its functions), Governor, Customary address
Mains: Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and   Departments of the Government.

Q. “Has the Governor been acting more of an ‘agent of the centre’ rather than being the ‘constitutional head of state’.” Analyse in the light of recent controversies involving the post of Governor in India.

Why in News ?

  • T.N. Governor Ravi refused to read out the customary inaugural address of the Legislative Assembly for 2024.
  • Reason being claimed – it contained numerous passages with misleading claims and facts and reading them would have amounted to Governor’s address becoming a constitutional travesty”
    • The Constitution under Article 87 for President and the Governor under Article 176 gives the power to address a sitting of the legislature.
    • These are Constitutionally mandated.
    • The President or a Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
    • These functions also got validation in Shamsher Singh v. State of Punjab case.

About 

  • Constitutional Compulsions :
    • The Constitution gives the President (Article 87) and the Governor (Article 176) the power to address a sitting of the legislature.
    • The special power is with regard to two occasions.
      • The first is to address the opening session of a new legislature after a general election.
      • The second is to address the first sitting of the legislature each year.
    • These are constitutional requirement.
    • A session of a new or a continuing legislature cannot begin without fulfilling this requirement. 
    • The President or a Governor cannot refuse to perform the constitutional duty of delivering an address to the legislature.
    • But there can be situations when they deviate from the text of the speech prepared by the government.
  • Governor’s Address to the State Legislature:
    • Art 176 – At the first session after each general election to the Legislative Assembly and at the commencement of the first session of each year, the Governor shall address the Legislative Assembly and inform the Legislature of the causes of its summons.
    • In the case of a State having a Legislative Council, both Houses assembled together.
    • Provision shall be made by the rules regulating the procedure of the House or either House for the allotment of time for discussion of the matters referred to in such address.
  • Governor’s Address :
    • The President’s/Governor’s speech follows the convention of the British system, where it contains legislative and policy proposals that the government intends to initiate. 
    • The speech also recaps the government’s accomplishment in the previous years.
    • The contents of the speech are put together by aggregating inputs from various ministries of the government 

In Shamsher Singh v. State of Punjab, the Supreme Court said that the principle that the President (or the Governor) is guided by the aid and advice of the Cabinet covered every function.

Source: TH

PYQ/ FAQ related to Topic:  

 

Q. Which one of the following statements is correct? (2013)

(a) In India, the same person cannot be appointed as Governor for two or more States at the same time
(b) The Judges of the High Court of the States in India are appointed by the Governor of the State just as the Judges of the Supreme Court are appointed by the President
(c) No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post
(d) In the case of a Union Territory having a legislative setup, the Chief Minister is appointed by the Lt. Governor on the basis of majority support.
Ans : C. No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post

Explaination :

In India, the same person cannot be appointed as Governor for two or more States at the same time – This option is incorrect because according to the 7th Constitutional Amendment Act of 1956, the same person can be appointed as Governor for two or more States at the same time.

  • The Judges of the High Court of the States in India are appointed by the Governor of the state just as the Judges of the Supreme Court are appointed by the President – This option is incorrect because the High Court Judges are also appointed by the President as in the case of Judges of the Supreme Court. But, the procedure is slightly different. The appointment of Chief Justice of High Court is dealt with in Article 217 of the Constitution which states that he is appointed by the President in consultation with the Chief justice of India as well as the Governor of the state in question. The collegium headed by the Chief Justice of India gives recommendations for the appointment of High Court Judges.
  • In the cases a Union Territory having a legislative setup the Chief Minister is appointed by the Lt. Governor on the basis of majority support – This option is also incorrect because the Section 45 in the Government of Union Territories Act, 1963 states that the Chief Minister must be appointed by the President. Rest of the Ministers is appointed by the President on the advice of the Chief Minister.
  • Thus, the only correct statement is No procedure has been laid down in the Constitution of India for the removal of a Governor from his/her post.

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