The Hindu Newspaper Analysis–26-10-2020

Article 356 debate

  • This article is with regards to the judgement of the Andhra Pradesh High court vis a vis Article 356 enshrined in the Indian constitution. The order of the High court judgment directed the Andhra Pradesh Govt to come prepared to argue on the ‘breakdown of the constitutional machinery in the state’.
  • The author says that judicial activism is good but not an activist judiciary and it is not healthy for not just for the law but also for the Govt.
  • What is Article 356?
  • Article 356 enshrined in the Indian constitution speaks about Presidents’ rule of state emergency which can be imposed on states if there is breakdown of the constitutional machinery in the same.
  • It can be of 2 types
    • If the President receives a report from the Governor or is ‘otherwise’ convinced that the states is not running in accordance to the provisions enshrined in the constitution or
      •  The clause of ‘otherwise’ becomes debatable as it is very vague and provides arbitrary powers to the President.  
    • If the state fails to comply with the directions given by the union on matters it is empowered to.
  • In plain words, it is when the state Govt is suspended and the central Govt administers it through the office of the Governor.
  • Parliamentary approval is necessary for the same and the proclamation has to be approved the Parliament within 2 months and through a simple majority.
  • Primarily it can last for 6 months and it can be extended for a period of 3 years with approval every 6 months.
  • The state legislature is usually suspended and the Parliament administers the state and when it is not in session it is done by the President with ordinances promulgated by him.
  • It can revoked by the President through a subsequent proclamation.   
  • The article 356 was borrowed from the Govt of India act 1935 but when it was bought out in this act, the same was opposed strictly by the leaders during the freedom struggle but later it got incorporated in the Constitution of Independent India whereas it is not even present in the original act that we read today.
  • Around the world, this is not incorporated in any liberal-democratic constitution of the world but was in the Indian one and went through several revisions.
  • Dr. BR Ambedkar thought that this piece would just be a dead letter and would not be used but he was wrong as it is both used and misused in this regard not for genuine breakdown of the constitutional machinery but also for political considerations as it has been witnessed previously by various PMs and Presidents.
  •  What needs to be done in this regard is that the clause like ‘otherwise’ has to be gotten rid of and renewal needs to be done as to prevent a despotic rule also an activist judiciary.

Labor Codes

  • This article is in the backdrop of the violence from the labors that took place at an iPhone Assembly factory at Narsipura in Karnataka, close to Bengaluru.
  • The workers quoted the reasons below for creating the ruckus
    • Nonpayment of wages
    • Partial payment of wages
    • Delay in providing of contracts among others
  • Dilution of labor laws have also added to this scenario which has affected their working duration, overtime wages, working conditions among others. This was done by the Karnataka Govt in a bid to attract more investment.
  • The labor codes bought out by the Central Govt has been in this regard where the complexity of the labor laws and multiplicity of them will be reduced by streamlining them into 4 codes.
  • There was no progress made in this regard until the labor codes were bought out but these codes have attracted severe criticism due to the non-consultation and the lacunas in them.
  • If a question is put forth that are, we emulating China in this regard where we are trying get out more work from our labor through stringent laws but we are emulating the positive aspects where China provides for the factories to provide accommodation to their workers which will reduce the problem of payment of rent by the workers and reduces the existence of urban slums in the region.
  • The data provided proves that a casual labor in the urban area earns 256 Rs/day and this equates to 6400Rs/month which is well below what was provided for in the 7th Pay commission. These are the scenarios where we need to pay attention but the attention is not provided adequately.
  • What we have learnt from this incident is that
    • We cannot deceive the labors of the nation
    • All of us have suffered from the lockdown and the pandemic and we must address this issue from a humanitarian perspective than capitalize on the same.
    • The whole purpose of the work done through labor codes has been defeated.
    • India’s global image as an attractive investment destination has dented and
    • Programs like Make in India and AtmaNirbhar Bharat has been hit back due to the same.

PM KISAN Scheme

  • The scheme was bought with an aim to provide an additional income support to the landholding farmer families across the country. It will help them not just deal with their agricultural expensed but also the ones related to the allied activities.
  • Under this scheme the farmers will be provided an amount of Rs.6000 per year which will be transferred to them in 3 monthly installments of Rs.2000 each.
  • Certain criteria of farmers only are eligible for the scheme and not all of them and the identification of the same is the responsibility of the state or UT Govts.
  • The criteria define those farmers that have a holding cultivable land up to 2 hectares but this will be expanded later on as well.
  • Rich and affluent farmers who pay income tax or are in professions like lawyers, doctors among others are not covered by this scheme, even if they are in the Group D of Govt service, they are not included in the same.

Hindu Newspaper Analysis–26-10-2020

Also read….

The Hindu Newspaper Analysis – 24-10-2020

The Hindu Newspaper Analysis – 23-10-2020

The Hindu Newspaper Analysis – 22-10-2020

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