What’s in Today’s Article?

• Why in the News?
• What is Asymmetric Federalism?
• Why is it said that India has Asymmetric Federalism?
• Article 370 of the Indian Constitution
• Article 371 of the Indian Constitution
• Are there any other examples of Decentralisation of Power?

Why in the News?

• On 12^th December 2023, Supreme Court bench, with a majority of 5:0 judges, ruled that Article 370 of the Indian Constitution is only a feature of asymmetric federalism, which is not the same as having internal sovereignty.

What is Asymmetric Federalism?

• Asymmetric federalism is based on unequal powers and relationships in political, administrative, and fiscal arrangement spheres between the federal units constituting a federation.
• Asymmetry in the arrangements of a federation can be viewed in both vertical (between the centre and states) and horizontal (among the states) senses.
• Asymmetric arrangements need not necessarily be the outcome of constitutional arrangements.
  • They can also result from the way in which administrative, political, and fiscal systems are implemented in a federation.
• India's founding fathers recognized the need for a salad bowl approach to governance which recognizes the distinctive cultural differences in the country and permits self-rule within the scheme of a shared rule.

Why is it said that India has Asymmetric Federalism?

• The main forms of administrative units in India are the Centre and the States.
• But there are other forms, too, all set up to address specific local, historical and geographical contexts.
• Besides the Centre and the States, the country has Union Territories with a legislature, and Union Territories without a legislature.
  • For example, Puducherry and Delhi have legislatures, while the other territories under the Centre do not have legislatures or a ministerial council to advise the administrator.
  • Even between Puducherry and Delhi, there is a notable difference.
  • Puducherry has legislative powers on any matter mentioned in the State List or the Concurrent List, insofar as it applies to the Union Territory.
  • Delhi, which has the same field, has three further exceptions: police, land and public order are outside its purview.
  • However, Parliament has overriding powers over any law made by the Assembly in the Union Territories.
• Just as the Centre and the States do not have matching powers in all matters, there are some differences in the way some States and other constituent units of the Indian Union relate to the Centre.
• This creates a notable asymmetry in the way Indian federalism works.

Article 370 of the Indian Constitution

• The foremost example of asymmetry among Centre-State ties was in the way J&K related to India until August 6, 2019, the day the President declared that its special status ceased to be operative.
• Under Article 370, the State was allowed to have its own Constitution, its own definition of ‘permanent residents’, the right to bar outsiders from holding property, and the privilege of not having any Indian law automatically applicable to its territory.
• Indian laws had to be specifically permitted by its Assembly before it could operate there.
• It was allowed to have its own Penal and Criminal Procedure Codes.
• The President was empowered to notify, from time to time, the provisions of the Constitution that could be extended to the State, with or without modifications.

Article 371 of the Indian Constitution

• Special status is not unique to Kashmir. However, the sort of asymmetry seen in J&K’s relationship to the Centre is not seen in other States.
• The ‘special provisions’ applicable to some other States are mainly in the form of empowering the Governors to discharge some special responsibilities.
• The common feature is that wherever Governors have been asked to discharge special responsibilities, their discretionary power overrides the process of consultation with the respective Council of Ministers.
• Article 371 says the Governor of Maharashtra has a special responsibility to establish separate development boards for Vidarbha, Marathwada, and the rest of the State.
  • Under the same Article, the Governor of Gujarat has a similar responsibility towards Saurashtra, Kutch and the rest of Gujarat.
• Likewise, Article 371A, 371B, 371C, 371D, 371F, 371G, 371H have special provisions w.r.t. Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh, respectively.

Are there any other examples of Decentralisation of Power?

• The Sixth Schedule to the Constitution contains provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram.
• These create autonomous districts and autonomous regions.
• Any autonomous district with different Scheduled Tribes will be divided into autonomous regions.
• These will be administered by District Councils and Regional Councils.
• These Councils can make laws with respect to allotment, occupation and use of land, management of forests other than reserve forests and water courses.
• Besides they can regulate social customs, marriage and divorce and property issues.
• In Assam, the Karbi-Anglong Autonomous Council, Dima Hasao Autonomous District Council and the Bodoland Territorial Council have been set up under the Sixth Schedule.
• Another six autonomous councils have been formed by Acts of the legislature.
• Ladakh has two autonomous hill development councils (Leh and Kargil). The Darjeeling Gorkha Hill Council is in West Bengal.

Source: Beyond Jammu and Kashmir: Why many states in India enjoy special provisions | Hindu

What’s in today’s article?

• Why in news?
• Impeaching a US President
• News Summary: House approves impeachment inquiry into US President Biden
• What is the case against Biden and his son?
• What is an impeachment inquiry, and what does it lead to?

Why in news?

• The US House has approved an impeachment inquiry into United States President Joe Biden and his family.
• This was after Republicans raised allegations against his son Hunter Biden for profiting in business dealings with foreign entities.

Impeaching a US President

• About
  • Impeachment is a process that involves a legislative body or tribunal charging a public official with misconduct.
    • Under the US Constitution, the President can be removed from office for “treason, bribery, or other high crimes and misdemeanors.” However, these terms have not been defined.
    • Criminal charges cannot be brought against a sitting President.
    • However, the Constitution does allow for separate criminal charges once a president is removed.
  • It is a process that involves both political and legal elements.
• Process
  • The process of impeachment has to be started by the House of Representatives (Lower House) and only needs a simple majority (out of total 435 votes) to pass.
  • If the House approves articles of impeachment, or impeaches a president, he or she would then be subject to trial in the US Senate.
  • The trial will be held in the Senate (Upper House) as it has the sole power to try all impeachments.
    • Here, a two-thirds vote (out of total 100 votes) is necessary for removal.
  • The Chief Justice of the US Supreme Court has the duty of presiding over impeachment trials in the Senate.
  • 
• History of Impeachment in US
  • So far, no US President has been removed from its post as a result of impeachment.
  • The presidents impeached by the House were:
    • Andrew Johnson in 1868;
    • Bill Clinton in 1998;
    • Donald John Trump in 2019 and 2021.
  • Richard Nixon, the 37th President of the United States, faced the threat of impeachment in the context of the Watergate scandal. Instead of going through the impeachment process, Nixon chose to resign from office.

News Summary: House approves impeachment inquiry into US President Biden

• Republicans in the US House voted to formally authorize an impeachment inquiry into President Joe Biden.

What is the case against Biden and his son?

• The Republicans have alleged that the President’s son Hunter Biden had been profiting in business dealings with foreign entities by managing access to the then-Vice President and his father Biden, who also, allegedly, profited from the same.
• Hunter Biden is already facing criminal charges in two other cases:
  • He is charged with firearm counts in Delaware, allegedly for breaking laws against drug users possessing guns in the year 2018, and
  • He is charged by United States Special Counsel David Weiss, alleging he failed to pay about $1.4 million in taxes over three years.

What is an impeachment inquiry, and what does it lead to?

• The impeachment inquiry is an official process to impeach federal officials, including the president, based on charges like treason, bribery, and other serious offenses, as stated in the United States Constitution.
• This inquiry is a formal step that could result in consequences for a president, such as removal from office, if found guilty in a Senate trial.

What’s in Today’s Article?

• Why in News?
• The History of the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute
• What led to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute?
• The Latest Plea in the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute Case
• The Muslim Side’s Counterclaims
• The Case so Far and Gyanvapi Order
• What Happened in the Gyanvapi Mosque Case?

Why in News?

• Putting the focus back on the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute, the Allahabad High Court allowed an application seeking the appointment of a commission to inspect the mosque complex.
• The petitioners believe that the mosque, built on the orders of Emperor Aurangzeb in 1670, was constructed atop the birthplace of Lord Krishna in Mathura.

The History of the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute

• The mosque was built by Aurangzeb in 1670 on the site of an earlier temple.
• The area was regarded as nazul land - non-agricultural state land owned by the Marathas, and then the British.
• Before the mosque was built, Raja Veer Singh Bundela of Orchha had also built a temple on the same premises in 1618.
• In 1815, Raja Patni Mal of Benaras bought the 13.77 acres in an auction from the East India Company.
• The Raja’s descendants (Rai Kishan Das and Rai Anand Das) sold the land to Jugal Kishore Birla for Rs 13,400, and it was registered in the names of Pandit Madan Mohan Malaviya, and others.
• The Shri Krishna Janmabhoomi Trust was set up by Birla, and it acquired the ownership rights over the Katra Keshav Dev temple.
• In 1951, the 13.77 acres were placed in the trust, with the condition that the “trust property will never be sold or pledged.”
• In 1956, the Shri Krishna Janmasthan Sewa Sangh was set up to manage the affairs of the temple.
  • In 1977, the word ‘Sangh’ in the registered society’s name was replaced with ‘Sansthan.’

What led to the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute?

• The petition filed by the Hindu side says that Aurangzeb (during his rule) had issued orders for demolition of a large number of Hindu religious places and temples.
  • This includes the temple standing at the birthplace of Lord Shree Krishna at Katra Keshav Dev, Mathura.
• The petition claims that the army of Aurangzeb partly succeeded to demolish Keshav Dev Temple and a construction was forcibly raised (Idgah Mosque) showing the might of power.
• The petition also says that the order (for demolition) passed by Aurangzeb finds place in the Official Court Bulletin (Akhbarat) of (Jan - Feb) 1670.
• It also says that a “compromise agreement” of 1968 between the Shri Krishna Janmasthan Seva Sansthan and the Trust Shahi Masjid Idgah was “illegal and void”.
  • This is because the Shree Krishna Janmasthan Seva Sangh had no right over the property involved.

The Latest Plea in the Sri Krishna Janmabhoomi-Shahi Idgah Masjid Dispute Case

• It seeks a survey of the Shahi Idgah mosque - which was allowed by a Bench of Allahabad HC recently.
• The petition also pleads that the HC passes an order directing the UP Sunni Central Waqf Board and the Shahi Idgah mosque committee to remove the construction raised by them encroaching upon the land in dispute.
• The petition further asks the court to direct the two opposing parties to hand over the land to the Shree Krishna Janmbhoomi Trust within the time provided by the court.
• The plea further seeks an order restraining the Waqf Board and the mosque committee from entering into premises of the 13.37 acres of land at Katra Keshav Dev City, Mathura.

The Counterclaims

• The Shahi Idgah Mosque does not fall within the ambit of 13.37 acres of land at Katra Keshav Dev.
• Place of birth of Lord Krishna does not lie beneath the Mosque. The claim of plaintiffs is based on guesswork and is not substantiated by any documentary evidence.

The Case so Far and Gyanvapi Order

• At least a dozen cases were filed in courts in Mathura by different petitioners.
• A common thread in all the petitions is a prayer for the removal of the mosque from the 13.77-acre complex.
• Earlier, the Allahabad HC had transferred to itself all the suits on the Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.
• The latest Mathura order is similar to the one in Varanasi’s Gyanvapi Mosque, also built adjacent to a venerated Hindu temple.

What Happened in the Gyanvapi Mosque Case?

• A videographic survey of the Kashi Vishwanath temple-Gyanvapi mosque was completed by a Commission appointed by the local court.
• During the survey proceedings, a structure which the Hindu side claimed was a “shivling”, and the Muslim side claimed was a “fountain”, was found to be inside the mosque premises.
• Subsequently, a scientific survey of the Gyanvapi mosque complex was ordered by the Varanasi district court.
• This time the Archaeological Survey of India (ASI) had been directed to undertake scientific investigation/survey/excavation at the property in question.
• The survey was halted after the mosque committee approached the Allahabad HC and then the SC seeking a stay on the survey.
• Both the courts cleared the decks for the survey which was resumed amid tight security arrangements. The ASI teams have been surveying the campus since.

Q1) Why are Aurangzeb's religious policies being criticised?

Aurangzeb was known for his strict and orthodox understanding of Islam. As a result, Hindu temples were demolished, non-Muslims were subjected to discriminatory taxes, and religious minorities were persecuted.

Q2) What is the Archaeological Survey of India (ASI)?

The ASI, under the Ministry of Culture, was established in the year 1861, and is the premier organisation for the archaeological research and protection of the cultural heritage of the nation.

Source: Allahabad HC allows courtmonitored inspection of Mathura’s Shahi Idgah mosque

What’s in today’s article?

• Why in news?
• Suspension of MPs
• Rules under which the Presiding Officer/Chairman acts
• Can courts intervene in a matter of suspension of MPs?
• News Summary: 14 Opposition MPs suspended

Why in news?

• 14 opposition MPs (13 from the Lok Sabha and one from the Rajya Sabha) were suspended after they protested against a security breach in the parliament.
  • The security breach occurred when two intruders entered the House chamber from the visitor gallery during Zero Hour on the 22nd anniversary of the Parliament terror attack (December 13, 2001).
  • The factors that contributed to the recent Lok Sabha security breach were:
    • Fewer security staff,
    • reduced height of the visitors’ gallery from the House floor in the new Parliament building,
    • an increase in the number of visitors of late, and
    • shoes not being checked.
• The MPs were suspended for unruly conduct. They have been suspended for the remainder of the winter session or Parliament.

Suspension of MPs

• It is the role and duty of the Presiding Officer — Speaker of Lok Sabha and Chairman of Rajya Sabha — to maintain order so that the House can function smoothly.
• In order to ensure that proceedings are conducted in the proper manner, the Speaker/ Chairman is empowered to force a Member to withdraw from the House.

Rules under which the Presiding Officer/Chairman acts

• For Lok Sabha
  • Rule Number 373 of the Rules of Procedure and Conduct of Business
    • It empowers presiding officers to direct an MP to withdraw from the House for any disorderly conduct.
    • This rule says that any Member so ordered to withdraw shall remain absent during the remainder of the day’s sitting.
  • Rules 374 and 374A- To deal with more recalcitrant Members.
    • Rule 374 empowers the Presiding officers to name the legislators if the MP continues disrupting the House even after repeated warnings.
    • After that, the House can move a motion to suspend the MP for a period not exceeding the remainder of the session
    • Rule 374A was incorporated in the Rule Book in December 2001.The intention was to circumvent the necessity of adopting a motion for suspension.
      • Under this rule, the Speaker can name an MP, who shall then automatically stand suspended for five days or the remaining part of the session.
• For Rajya Sabha
  • Rule 255 of the Rule Book of Rajya Sabha
    • It empowers the Chairman of Rajya Sabha to direct any Member to withdraw immediately from the House for any disorderly conduct.
  • Rule 256
    • This rule empowers the Chairman to name the members who persistently disregards the authority of the Chair or abuses the rules of the Council.
    • After that, the House may adopt a motion suspending the Member for a period not exceeding the remainder of the session.
  • It should be noted that, unlike Lok Sabha (under rule 374A), Rajya Sabha can not suspend its members without passing a motion for the same.

Can courts intervene in a matter of suspension of MPs?

• Article 122 of the Indian Constitution says parliamentary proceedings cannot be questioned before a court.
• In some cases, however, courts have intervened in the procedural functioning of legislatures.
• For example, the Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
• The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.

News Summary: 14 Opposition MPs suspended

• The total number of MPs suspended for the remainder of the winter session of Parliament stands at 14. As per the Parliamentary Affairs Minister:
  • Speaker had proposed at a meeting of the Business Advisory Committee that the members have to work with a fresh resolve of not showing placards in the House.
  • This proposal was unanimously agreed to. Nobody had opposed it.
  • However, 13 MPs violated the decision taken at the BAC meeting and brought placards to the House and hence, were suspended.
    • Before their suspension, the MPs moved into the Well of the House raising slogans to demand a statement from the government on the security breach.

Q1) What is Business Advisory Committee?

The Business Advisory Committee (BAC) is a committee that recommends how much time should be allotted for discussing government legislative and other business. The Speaker, in consultation with the Leader of the House, may direct the Committee to refer to certain business. 

Q2) What is Article 122 of the Indian Constitution?

Article 122 of the Indian Constitution restricts courts from inquiring into Parliament proceedings. It also states that the validity of any proceedings in Parliament cannot be questioned based on any alleged procedural irregularity.

Source: Parliament proceedings | 14 Opposition MPs suspended amid demands for discussion on security breach | Indian Express | NDTV | Indian Express