Indian Polity and Governance - 5 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Joint Sitting of Parliament and Leader of House

Why in news?

The President of India recently delivered an address to the joint sitting of both houses of Parliament, marking the first occasion he spoke to the newly elected 18th Lok Sabha.

What is the Joint Sitting of Parliament?

• A joint sitting consists of both the Lok Sabha and Rajya Sabha convening together.

Types of Joint Sittings as per the Constitution:

• The first type is the presidential address under Article 87.
• The second type is the resolution of legislative deadlocks under Article 108.
• The President addresses both Houses at the start of the first session after each general election and at the beginning of the first session each year.
• The Constitution (First Amendment) Act of 1951 modified the phrase in Article 87 from "every session" to "the first session after each general election to the House of the People and at the commencement of the first session of each year."

Significance of Joint Sitting:

• It provides the President an opportunity to present the government's policy priorities and legislative agenda.
• The address following general elections is particularly crucial as it reflects the new government's mandate and priorities.

Article 108 of the Constitution allows for a joint sitting in specific situations:

• When a bill is passed by one house but rejected or not returned by the other.
• When the President returns a bill for reconsideration.
• When more than six months have passed since a bill was received by the other House without being passed.

Key provisions for Joint Sittings:

• The session is chaired by the Speaker of the Lok Sabha.
• It follows the rules of procedure of the Lok Sabha.
• A quorum is defined as one-tenth of the total members from both houses.
• This mechanism is used as a last resort to resolve legislative deadlocks.

Exceptions to Joint Sittings:

• Money Bills (Article 110).
• Constitution Amendment Bills (Article 368).

Who is the Leader of the House (LOH)?

• The current Leader of the House in the Rajya Sabha is Health Minister Jagat Prakash Nadda, appointed on the opening day of the Rajya Sabha's 264th session.

Legal Backing:

• The term Leader of the House is officially described in the Rules of Procedure for both the Lok Sabha and the Rajya Sabha.

Appointment Process:

• The Leader of the House is a minister and a member of the Rajya Sabha, nominated by the Prime Minister to serve in this capacity.
• The Prime Minister also has the authority to appoint a Deputy Leader of the House.
• A comparable position in the United States is known as the 'majority leader.'

Responsibilities:

• The Leader of the House oversees the overall parliamentary process, focusing on debates and discussions.
• They work to maintain harmony among members and uphold the respect of the Rajya Sabha.
• They ensure standard procedures are followed during parliamentary debates.

LOH in Lok Sabha:

• In the Lok Sabha, the Leader of the House is typically the Prime Minister if they are a member; if not, a minister who is a member is nominated by the Prime Minister.
• By convention, the Prime Minister always serves as the Leader of the Lok Sabha.

Enemy Agents Ordinance

Why in News?

Recently, the Director General of Police (DGP) in Jammu and Kashmir suggested using the Enemy Agents Ordinance of 2005 for prosecuting supporters of militants. This ordinance includes severe penalties, such as life imprisonment or even the death penalty, as an alternative to the Unlawful Activities Prevention Act (UAPA).

What is the Enemy Agent Ordinance?

About:

• The Enemy Agents Ordinance was originally introduced in 1917 by the Dogra Maharaja of Jammu and Kashmir. The term 'ordinance' indicates laws from the Dogra period.
• After the Partition, this ordinance was re-enacted in 1948 as a law by the Maharaja, who exercised his law-making authority under Section 5 of the Constitution Act of Kashmir, 1939.
• In 1957, the ordinance was secured within the Jammu and Kashmir Constitution, specifically mentioned in Section 157.

Constitutional Changes after Abrogation of Article 370:

• Post the abrogation of Article 370, key security laws, including the Enemy Agents Ordinance and the Public Safety Act, remained in effect.
• Some existing laws, like the Ranbir Penal Code, were replaced by the Indian Penal Code.

Key Provisions of Enemy Ordinance

Definition of Enemy Agent:

• The ordinance specifically targets individuals identified as agents or friends of the enemy, not the enemies themselves.
• It defines the enemy in relation to the 1947 tribal invasion of Kashmir.
• Anyone who collaborates with others to assist the enemy is classified as an enemy agent.

Punishment:

• Individuals classified as enemy agents may face severe penalties, including death or rigorous life imprisonment.
• Those found guilty can also receive a prison term of up to 10 years, alongside fines.

Judicial Validation and Trial:

• In the 1959 case of Rehman Shagoo vs. State of Jammu and Kashmir, the Supreme Court upheld the legitimacy of the enemy agent ordinance.
• Trials under this ordinance are overseen by a special judge appointed by the government, in consultation with the High Court.
• Accused individuals are not permitted to hire legal representation unless the court grants permission, and there is no option for appeal against the verdict.

National Green Hydrogen Mission

Why in News?

The Union Government has approved a Rs 19,744 crore National Green Hydrogen mission that aims to make India a ‘global hub’ for using, producing, and exporting green hydrogen.

What is the National Green Hydrogen Mission?

• About: This initiative is designed to promote the commercial production of green hydrogen, positioning India as a net exporter of this clean fuel.
• Mission Goals: It aims to foster demand creation, production, utilization, and export of green hydrogen.

Sub Schemes:

• Strategic Interventions for Green Hydrogen Transition Programme (SIGHT): This will provide funding for domestic manufacturing of electrolysers and the production of green hydrogen.
• Green Hydrogen Hubs: The government will identify and develop regions capable of supporting large-scale hydrogen production and utilization as Green Hydrogen Hubs.

Objective:

• The mission aims to develop green hydrogen production capacity of at least 5 MMT (Million Metric Tonnes) per year while adding around 125 GW (Gigawatt) of renewable energy capacity in India by 2030.
• It is projected to attract over Rs 8 lakh crore in total investments and create approximately six lakh jobs.
• Additionally, it is expected to reduce fossil fuel imports by over Rs 1 lakh crore and cut down nearly 50 MT of annual greenhouse gas emissions.

Nodal Ministry:

• Ministry of New and Renewable Energy

Significance:

• This mission will contribute to the decarbonization of industrial, mobility, and energy sectors.
• It will reduce reliance on imported fossil fuels and feedstock, enhance indigenous manufacturing capabilities, generate employment, and foster the development of new technologies such as efficient fuel cells.

Potential:

• India is well-positioned geographically with abundant sunlight and wind resources for green hydrogen production.
• Green hydrogen technologies are particularly beneficial in sectors where direct electrification is not feasible, such as heavy-duty transportation and long-term energy storage.
• The early stage of this industry presents opportunities to establish regional hubs for exporting high-value green products as well as engineering and construction services.

What are the Challenges?

In Nascent Stages Globally:

• Globally, green hydrogen development is still in its early phases. While India aims to become a major producer, it currently lacks the infrastructure to implement all the necessary intermediary steps.

Economic Sustainability:

• A significant challenge facing the hydrogen industry is ensuring the economic viability of extracting green hydrogen.
• To compete as a transportation fuel, hydrogen must be economically comparable to conventional fuels and technologies on a per-mile basis.

Way Forward

• It is crucial to introduce incentives to encourage industrial users to transition to green hydrogen.
• India must develop supply chains that include pipelines, tankers, intermediate storage, and last-mile distribution networks.
• Additionally, an effective skill development program is needed to train numerous workers for a viable green hydrogen economy.
• By leveraging low-cost renewable energy plants and expertise from solar and wind reverse auctions, India can significantly reduce the cost of green hydrogen.
• The large market potential resulting from a young population and a growing economy will provide long-term benefits for the government while promoting hydrogen-based technologies.

Deputy Speaker of Lok Sabha

Why in News?

The recent increase in the Opposition's strength in the Lok Sabha has rekindled their interest in obtaining the Deputy Speaker's position, which has remained unfilled during the entire 17th Lok Sabha (2019-24). This marks a contrast to the previous 16th Lok Sabha (2014-19), where a Member of Parliament from the ruling party's ally occupied the post.

What is the Role of Deputy Speaker?

Constitutional Provisions:

• Article 95(1): States that the Deputy Speaker assumes the duties of the Speaker when the position is vacant.
• The Deputy Speaker possesses the same authority as the Speaker while presiding over House sessions.
• References to the "Speaker" in the Rules are also applicable to the Deputy Speaker when they are presiding.
• Article 93: Mandates that the Lok Sabha must select two members to serve as Speaker and Deputy Speaker as soon as possible.
• Article 178: Contains similar provisions for the Speakers and Deputy Speakers in State Assemblies.

Compulsion of Choosing Deputy Speaker:

• The Constitution does not define a specific timeframe for appointing a Deputy Speaker, allowing governments to potentially postpone or avoid the appointment.
• Articles 93 and 178 use terms like "shall" and "as soon as may be," indicating that the elections for both the Speaker and Deputy Speaker are mandatory and should occur promptly.

Rules for Election:

• The Speaker and Deputy Speaker are elected from among the Lok Sabha members by a simple majority of those present and voting.
• The election process is governed by Rule 8 of the Rules of Procedure and Conduct of Business in Lok Sabha.
• The Deputy Speaker's election typically occurs in the second session but can also take place during the first session of a new Lok Sabha or Assembly.
• The Deputy Speaker remains in office until the House is dissolved.

Resignation/Removal:

• According to Article 94 (and Article 179 for State Assemblies), the Speaker or Deputy Speaker vacates their office if they cease to be a member of the Lok Sabha.
• They may also resign or be removed through a resolution passed by a majority of all members of the Lok Sabha.

Deputy Speaker from Opposition:

• As per Parliamentary Convention, the Deputy Speaker post has been held by opposition parties on various occasions.
• This includes periods during the Congress-led UPA-I (2004-09) and UPA-II (2009-14) governments, as well as under Prime Ministers Atal Bihari Vajpayee (1999 to 2004), P V Narasimha Rao (1991-96), and Chandra Shekhar (1990-91).