Editorial 1 : The Governor’s move is dangerous, unconstitutional
Context
The Tamil Nadu Governor’s move to ‘dismiss’ a Minister highlights the point that the pleasure of the Governor under the Constitution of India insofar as it relates to Ministers is not the same as that of the colonial Governor.
The underlying issue
- This unprecedented and deliberately provocative act of dismissing a Minister of a government which enjoys an absolute majority in the State legislature, without the recommendation of the Chief Minister of the State, is going to set a dangerous precedent and has the potential to destabilise State governments putting the federal system in jeopardy.
- If Governors are allowed to exercise the power of dismissal of individual Ministers without the knowledge and recommendation of the Chief Minister, the whole constitutional system will collapse.
The powers
- What needs to be examined first is whether Governors have the power to dismiss an individual Minister without the advice of the Chief Minister.
- Under Article 164 of the Constitution, the Chief Minister is appointed by the Governor without any advice from anyone.
- But he appoints the individual Ministers only on the advice of the Chief Minister.
- The Article implies that the Governor cannot appoint an individual Minister according to his discretion. So, logically, the Governor can dismiss a Minister only on the advice of the Chief Minister.
- The reason is simple. The Chief Minister alone has the discretion to choose his Ministers. He decides who the Ministers of his Council will be. He also decides who will not remain as a Minister in his Council.
- This is a political decision of the Chief Minister, who is ultimately answerable to the people. The Constitution has not transferred the discretion of the Chief Minister to the Governor.
Articles and clarity
- This point would become absolutely clear on looking at the Government of India Act, 1935 which says that the Governor’s Ministers shall be chosen and summoned by him, shall be sworn as members of the council and shall hold office during his pleasure.
- The Section in the Act makes it clear that the Ministers shall be chosen by the Governor. So, they hold office during his pleasure.
- Further, sub-section of the Section 51 says that the functions of the Governor under this section with respect to the choosing and summoning and the dismissal of Ministers and with respect to the determination of their salaries, shall be exercised by him in his discretion.
A mere constitutional head
- Independent India has a constitutional system under which a Governor is a mere constitutional head and he can act only on the aid and advice of the Council of Ministers headed by the Chief Minister.
- B.R. Ambedkar had stated unambiguously in the Constituent Assembly that there is no executive function which a Governor can perform independently under the Constitution.
- It is true that the pleasure doctrine has been brought into the Constitution of India from the Government of India Act, 1935. But these words simply refer to the formal act of issuing the order of dismissal which is to be done by the Governor, but only on the advice of the Chief Minister.
Judicial clarification
- The position of the Governor in India’s Constitutional setup has been clarified by the Supreme Court of India in a number of cases.
- In Shamsher Singh and Anr vs State Of Punjab (1974), a seven- judge Constitution Bench declared that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers.
- Similarly, in Nabam Rebia vs Deputy Speaker, a Constitution Bench of five judges reaffirmed the law laid down in Shamsher Singh and further held that the discretionary powers of the Governor are limited to the postulates of Article 163(1).
Conclusion
In sum, the dismissal of a Minister of the Tamil Nadu Government by the Governor of the State without the advice of the Chief Minister is constitutionally wrong. Newspaper reports suggest that the Governor later held back his order of dismissal for legal consultation. But the issue of dismissal of a Minister without the advice of the Chief Minister is one which clearly destabilises the constitutional system.
Editorial 2 : A new chapter in India-Africa ties can be written
Introduction
There is a slow realisation that Africa, a continent, accounting for nearly 17% of the world’s population today and reaching 25% in 2050, needs to be studied closely because India’s rise as a global player is inevitably linked to the kind of partnership it enjoys with Africa.
The Background
- In the past 15 years and especially since 2014, India-Africa relations have developed steadily but more progress is achievable.
- In this context, the 20-member Africa Expert Group (AEG), established by the Vivekananda International Foundation, recently presented the VIF Report entitled ‘India-Africa Partnership: Achievements, Challenges and Roadmap 2023’.
Africa in transition
- The report examines the transitions unfolding in Africa: demographic, economic, political and social.
- From this blend of changes, stamped by the adverse impact of the pandemic and complicated geopolitics, emerges a continent that is set to transform itself.
- It is slowly heading toward regional integration and is devoted to democracy, peace and progress, even as Ethiopia, Sudan, the Central African Republic and other countries continue to battle with the challenges posed by insurgency, ethnic violence and terrorism.
- Superimposed on this landscape is the sharpening competition among at least half a dozen external partners such as China, Russia, the United States, the European Union, Japan, Türkiye and the United Arab Emirates for strengthening their relations with parts of Africa to ensure market access, gain energy and mineral security, and increase political and economic influence.
- The VIF report notes that India has a substantive partnership with Africa and a rich fund of goodwill, but it is essential for New Delhi to review its Africa policy periodically, stay resilient by making the required changes, and place a razor-like focus on its implementation.
Gist of recommendations
The central part is ‘Roadmap 2030’, a set of nearly 60 policy recommendations that are designed to deepen and diversify the India-Africa partnership. They cover four areas.
First, political and diplomatic cooperation should be strengthened by restoring periodic leaders’ summits through the medium of the India-Africa Forum Summit; the last summit was in 2015.
- Another recommendation relates to forging consensus among G-20 members on the AU’s entry into the G-20 as a full member.
- Action is now under way, following Prime Minister Narendra Modi’s recent communication to G-20 leaders requesting support for this proposal.
Second, on defence and security cooperation, the government needs to increase the number of defence attachés deployed in Africa, expand dialogue on defence issues, widen the footprint of maritime collaboration, and expand lines of credit to facilitate defence exports.
Third, India-Africa trade touching $98 billion in FY22–23 is an encouraging development. This figure can go up if access to finance through the creation of an Africa Growth Fund (AGF) is ensured.
- A special package of measures to improve project exports and build up cooperation in the shipping domain has been suggested.
Fourth, socio-cultural cooperation should be increased through greater interaction between universities, think tanks, civil society and media organisations in India and select African countries.
- Setting up a National Centre for African Studies will be the right step. Indian Technical and Economic Cooperation (ITEC) and Indian Council for Cultural Relations (ICCR) scholarships awarded to Africans should be named after famous African figures.
- Visa measures for African students who come to India for higher education should be liberalised.
Way forward
Finally, the report suggests a special mechanism for implementing the ‘Roadmap 2030’. This can best be secured through close collaboration between the MEA and the National Security Council Secretariat through a team of officials working under the joint leadership of the Secretary, Africa in the MEA, and a designated Deputy National Security Adviser.