The Hindu Editorial Analysis- 31st January, 2022 | Current Affairs: Daily, Weekly & Monthly - CLAT PDF Download

1. Limits of Power SC Serves a Reminder That the House Should Work Within Constitutional Parameters

GS2- Polity & Constitution

Context: Suspension of 12 BJP MLAs from Maharashtra Legislative Assembly for an year is deemed irrational by Hon'ble Supreme Court.

Ruling of SC:

• SC has laid down a significant principle that the effect of disciplinary action cannot traverse beyond the session in which the cause arose. 
• Citing precedents from rulings of the Privy Council and the Supreme Court, the Court has sought to read the power of the House to suspend a member as essentially defensive or ‘self protective’.
• So, the suspension beyond the duration of the session was illegal. It was deemed irrational because the need to exercise the power was limited to restoring order in the House.

The Incident of Suspension:

• 5th July 2021: when the Maha Vikas Aghadi (MVA) government introduced a resolution seeking empirical data on OBCs from the Union government there was ruckus in the house. The House was adjourned briefly for a few times before the resolution was passed, as BJP members rushed to the well of the House and were accused of damaging the presiding officer’s microphone and grabbing the mace.
• The suspension: Later the Chair, during the incidents, said that when he was in the Deputy Speaker’s chamber, some members rushed inside and abused him. A resolution moved by the Parliamentary Affairs Minister was subsequently adopted by the House suspending 12 MLAs. They were barred from entering the legislative premises for 12 months.
• The members challenged their suspension in the Supreme Court.

Rules Regarding Suspension - As the Arguments Were Presented by The Govt. in SC:

• There is no limitation on the power of the legislature to punish for breach of privilege or disorderly conduct in the course of its proceedings.
• No judicial review of the manner in which it is exercised.
• Under Rule 53 of the Maharashtra Assembly Rules, the Speaker could direct a Member to withdraw from the Assembly for disorderly conduct for the day, or the remainder of the Session.
• However, there is no such limitation when the whole House decides to impose suspension. In this context, counsel contended that when the power to expel a member is available, the power to suspend, being a lesser punishment, is also available to the House at all times.

Suspension Beyond 60 Days:

• The Bench had raised a question as to how any suspension can go beyond 60 days. the Article 190(4) of the Constitution,  allows declare a seat vacant if a member is absent for 60 days.
• The State government's Argument:  it is the House that declares the seat vacant, and it is not an automatic consequence of a member’s absence for 60 days on which the House met.
• The Government also pointed out that in Raja Ram Pal (2007), the Supreme Court had upheld the expulsion of 12 MP’s in the cash-for-questions scandal. When expulsion, the greater punishment was allowed, suspension, being a lesser penalty, cannot be questioned.

Court's Ruling:

• Against constitutional mandate In the light of Article 190(4) of the Constitution, which says the House could declare a seat vacant if a member is absent for 60 days.
• Rule 53 showed a ‘graded approach’ to the issue of disorderly behaviour, an initial suspension for a day, and then for the remainder of the session, but nothing beyond it.
• The power to be exercised only for the protection of the proceedings. However, in the present case, there was no separate provision for the House to impose a lengthy suspension for what happens in private chamber.
• Once the length of the suspension went beyond the session, it ceased to be a disciplinary measure, but partook the character of a punitive action.
• Citing Privy Council cases and Indian precedents, the Bench said anything that went beyond the session was irrational and grossly illegal.
• Representation of the People Act, 1951, says that any vacancy in the House has to be filled up through a by-election within six months of its occurrence.
• Deprivation of Representation of the constituency: It ruled that a one-year suspension meant that the constituency concerned would go without representation in the Assembly for a whole year. 
• Any absence beyond 6-month is led by mandatory filling of seat: The suspension seemed to have worse consequences than outright expulsion from the legislature, as a by-election will be held within six months; whereas, a one-year suspension does not entail mandatory filling up of the vacancy.

Conclusion

• The court has reiterated the principle that even though the judicature will not interfere with the functioning of the legislature, a coordinate body, it is not deprived of the power of judicial review if there is a violation of the Constitution.
• Even though there were no prescribed limits to the privileges of the House, there is no doubt that these are subject to the provisions of the Constitution.
• A lengthy suspension, apart from the deprivation of representation for the constituents, may also be detrimental to democracy, as it could be used to manipulate numbers in the legislature and deny the opposition the opportunity to participate effectively in debates.

2. Risky Bets Russia Should Do More to Reduce Tensions Along Its Border with Ukraine

GS2- International Relations

Context: Relations b/w Ukraine and Russia are at all time High with NATO powers around the corner in watch for an assault.

• Russia has placed more than 100,000 troops near Ukraine's border and ratcheted up war games in the region.
• Moscow denies it is planning an assault, but the United States and its NATO allies fear that Russia is planning for war - and are making preparations of their own.

The U.S. Says No

• The U.S. has made no concessions to the main Russian demands over Ukraine and NATO in a long-awaited written response delivered to Russia on Wednesday in Moscow, Secretary of State Antony Blinken said. 
• Russia has demanded guarantees that NATO never admit Ukraine and other ex-Soviet nations as members and that the alliance roll back troop deployments in former Soviet bloc countries, a region Moscow still views as its sphere of interest.

Read More At:

https://economictimes.indiatimes.com/news/defence/ukraine-crisis-updates-what-to-know-as-tensions-rise/articleshow/89146184.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

What do Ukrainian leaders say?

• Ukrainian officials have sought to calm nerves as tensions escalate.
• Soldiers and civilians in eastern Ukraine are waiting with helpless anticipation to see if war comes.
• They understand that their fate is being decided by politicians in distant capitals. Even politicians in their own capital, Kyiv, have found themselves on the sidelines of several rounds of high-stakes diplomacy that so far have not yielded a breakthrough.
• The battle-weary region has been fighting pro-Russia separatist fighters since 2014. It is an area close to where Russi ..

What is Happening on The Diplomatic Front?

• Envoys from Russia, Ukraine, France and Germany met Wednesday for more than eight hours in Paris to discuss the separatist conflict in Ukraine's eastern industrial heartland. Although there was no breakthrough, they promised to meet for new talks in two weeks in Berlin.

What is Britain's Stance?

• The U.K. has sent anti-tank weapons to Ukraine in response to Russia massing troops near its border. It has ruled out sending combat troops, but Truss said Britain has "ruled nothing out in terms of sanctions."

What is Germany Doing?

• Among the NATO allies, Germany in particular has faced calls to help Ukraine more and been faulted for a perception that it is prioritizing its economic ties with Russia over Ukraine's security.

What Do Italian Businesses Want?

• Like Germans, some Italians are suspected of putting business ties with Russia ahead of solidarity with Ukraine.
• On Wednesday, Italian business leaders held a video conference with Russian President Vladimir Putin even though the Rome government asked that the conference be canceled, or at least that companies with government stakes not participate.
• During the call, Putin underlined Italy's role as its third-largest EU tr ..

Conclusion

If the post­9/11 military adventures of the U.S. are any lesson, it is that great powers could clinch swift victories against weaker countries but could fail miserably in sustaining those victories. Mr. Putin should not walk into the same mistake and thereby push Europe back into the darker days of the Cold War.