16 May 2025 : Indian Express Editorial Analysis
1. Questions for Bench
(Source: Page 12, The Indian Express)
| Topic: GS2: Indian Constitution, Separation of Powers, Federalism |
| Context |
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What Triggered the Debate?
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Punjab Governor refused to summon the Assembly despite a cabinet recommendation.
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President Murmu referred the matter to the Supreme Court under Article 131, which deals with disputes between the Centre and States.
Key Constitutional Provisions:
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Article 131: Original jurisdiction of SC in Centre-State disputes.
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Article 142: Empowers SC to pass any order for “complete justice”.
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Article 163 & 174: Define Governor’s role and power to summon the legislature.
Concerns Highlighted:
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Judicial Overreach? Referring the matter to the SC when it involves an executive action (Governor’s role) may bypass political accountability.
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Misuse of Article 131: It’s meant for legal disputes, not executive disagreements over legislative processes.
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Centre vs State Dynamics: Reflects growing trend of using constitutional offices for political confrontation.
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Governor’s Conduct: Allegations of partisan behaviour and disregard for elected state governments.
Larger Constitutional Issues:
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Threat to federal balance and democratic principles.
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Undermining of executive accountability and excessive reliance on judiciary for resolution of political deadlocks.
Way Forward
- Promote cooperative federalism through Centre-State consultative mechanisms (e.g., Inter-State Council).
- Judiciary should show restraint in political matters to preserve institutional credibility.
- Encourage political resolution within constitutional frameworks without excessive judicial intervention.
- Establish clear guidelines for Governors as per Sarkaria and Punchhi Commission reports.
| Practice Question: Judicialization of politics threatens the delicate balance of power in India’s federal structure. Discuss with reference to the recent invocation of Article 131 and 142 of the Constitution. (GS2 – 15 Marks – 250 Words) |
Read more – 15 May 2025 : Indian Express Editorial Analysis
