UPSC Essentials | Mains answer practice — GS 2 : Questions on VVPAT and Governor-state relations (Week 46)

QUESTION 2

The Governor enjoys certain powers granted under the Constitution. What is the law on Governor-state relations?

General points on the structure of the answers

Introduction

QUESTION 1: What is a VVPAT machine? Why did the Election Commission introduce VVPATs?

Introduction:

— The VVPAT machine is attached to the ballot unit of the EVM, and provides visual verification for the vote cast by a voter by printing a slip of paper with the voter’s choice on it.

— This slip of paper, containing the candidate’s serial number, name, and party symbol, is displayed in the machine behind a glass window, giving the voter seven seconds to verify her vote. Following this, the slip falls into a compartment underneath.

— The idea is that by allowing for a physical verification of the electronically cast vote, both voters and political parties have greater faith in the process — that their vote is being recorded correctly.

Body:

— The idea of the VVPAT machine first emerged in 2010, when the Election Commission of India (EC), held a meeting with political parties to discuss how to make the EVM-based polling process more transparent.

— Later, the Conduct of Elections Rules, 1961 were amended to allow for a printer with a drop box to be attached to the EVM.

— The VVPAT was used for the first time in all 21 polling stations of the Noksen Assembly constituency of Nagaland in 2013, after which the EC decided to introduce VVPATs in a phased manner.

— The 2019 Lok Sabha elections became the first general election to have 100% of EVMs being attached to VVPATs.

Conclusion:

— In 2018, the EC requested that the Indian Statistical Institute (ISI) develop a “mathematically sound, statistically robust, and practically cogent sample size for the internal audit of the VVPAT slips with electronic results of EVMs”.

— In February 2018, the EC mandated the counting of VVPAT slips from one randomly selected polling station per Assembly constituency. This was raised to five voting stations per Assembly seat after a Supreme Court decision in April 2019 on a petition brought by TDP leader Chandrababu Naidu.

(Source: Why VVPAT was brought in, why Opposition wants all slips verified by Damini Nath)

Points to Ponder

Why does the EC not want to count 50% of VVPAT slips?

What have been the legal cases surrounding the VVPAT?

Related Previous Year Questions

In the light of recent controversy regarding the use of Electronic Voting Machine (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India? (2018)

Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)

QUESTION 2: The Governor enjoys certain powers granted under the Constitution. What is the law on Governor-state relations?

Introduction:

— The Governor enjoys certain powers under the Constitution — such as giving or withholding assent to a Bill passed by the state legislature; determining the time needed for a party to prove its majority in the state Assembly; or, in cases such as a hung verdict in an election, which party must be called first to prove its majority — which make his position very significant.

— Article 153 of the Constitution says “There shall be a Governor for each State.” A few years after the commencement of the Constitution, an amendment in 1956 laid down that “nothing in this article shall prevent the appointment of the same person as Governor for two or more States”.

Body:

What is the law on Governor-state relations?

— The governor is an apolitical head who must act on the advice of the council of ministers.

— However, the Governor enjoys certain powers under the Constitution such as:

(i) giving or withholding assent to a Bill passed by the state legislature;

(ii) determining the time needed for a party to prove its majority in the state Assembly; or,

(iii) in cases such as a hung verdict in an election, which party must be called first to prove its majority.

— There are, however, no provisions laid down for the manner in which the Governor and the state must engage publicly when there is a difference of opinion.

— Governors have been seen as acting on the behest of the central government in power at the time, and have been accused by state governments, especially those in opposition, as acting as “agents of the Centre”.

Conclusion:

— The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

— The emoluments and allowances of the Governor shall not be diminished during his term of office.

— The Administrative Reforms Commission of 1968 to Sarkaria Commission of 1988 have recommended reforms, such as the selection of the Governor through a panel comprising the PM, Home Minister, Lok Sabha Speaker and the CM, apart from fixing his tenure for five years.

(Source: What explains the frequent disagreements between state governments and Governors? by Deeptiman Tiwary, How are Governors appointed, and why is their role often controversial?)

Points to Ponder

What have been the friction points between Governor and State in recent years?

Term period of Governor

Legislative Powers of Governor

Power of Governor to grant pardons

Related Previous Year Question

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Previous Mains Answer Practice

UPSC Essentials: Mains answer practice — GS 1 (Week 45)

UPSC Essentials: Mains answer practice — GS 1 (Week 44)

UPSC Essentials: Mains answer practice — GS 2 (Week 45)

UPSC Essentials: Mains answer practice — GS 2 (Week 44)

UPSC Essentials: Mains answer practice — GS 3 (Week 45)

UPSC Essentials: Mains answer practice — GS 3 (Week 46)

Subscribe to our UPSC newsletter and stay updated with the news cues from the past week.

https://www.youtube.com/watch?v=D5511qfTi-I?si=NgJo_PeAA1qk6Qkv