Spoil Sytem , Horse trading , MP, Karnataka, Maharasthra


Spoil system
  • is a patronage system to give workers rewards by appointing them to government posts or other favours
  • Example: Madras HC set aside post by TN PSC
  • SC: PSC are the victim of this
  • Governor's appointment and removal is also an extension of this
Criticism
  • Article 14 and 16
  • Conflict  of interest
  • Against merit
  • politicization of the administration
  • Efficiency
  • Morale
Steps taken
  • Kerala government has a law to prevent nepotism in government appointment
Suggestion
Overhauling PSCs with the help of and in line with UPSC
  • 2nd ARC:
    • merit based, open, publicity etc  in recruitment 
  • Independent civil service boards.

Legislative Councils
Article 169
2nd ARC
Parliamentary Committee : National Policy on having a second chamber

Uttrakahnd crisis
  state legislature= vs+ governor
Issues
  • Role of Speaker
    • Passage of Appropriation bill by voice vote rather than based on division
      • Even if one member ask for division vote should have gone for division vote
    • Summary disqualification of nine descendent ruling party legislature even after the house is in suspension
    • Passage of appropriation Bill without Majority
  • Role of State government
    • Horse Trading: Sting video that allegedly caught Mr. Rawat offering inducement to win back support of dissidents
  • Role of Centre government
    • President rule without floor test
    • Pre-empted the floor test which the Bommai case held the right means to establish government's majority
  • Role of governor
    • Should have convened floor test immediately after the passage of appropriation bill, he is the part of state legislature
  • Role of President
    • Examples
Common feature
  • Congress CMs losing the support of a section of legislators
  • Opposition making common cause with dissidents to unseat the incumbent
  • CM decided to face-off but only after taking the 'precaution' of getting the rebel disqualified for defection
Problem
  • While ruling party in State can selectively disqualify legislators ahead of the vote, Centre has option of placing the assembly in suspension until it cobbles together an alternative regime
  • CMs cling on to post even after dissidents clearly reduced their government by selectively applying anti-defection law
    • Use of anti-defection law and imposition of article 356 requires impartial governor and speakers
Required
  • Judicial clarity on limits, if any of Speaker's power to alter the composition of the house in the run-up to a floor test
  • Urgent need to evolve the further norms that inhibit the blatant misuse of Article 356 on one hand and cynical use of Speaker's power to sustain a sinking regime on the other
  • Changing the adjudicating authority in matters of disqualification of defectors is key reform required as the tenure of speaker is dependent on the will of majority, therein likelihood of suspicion of bias
Outcome of floor test
  • Congress won the floor test
  • Reminder to ambitious MLAs that aayaram and Gayarams will not be tolerated anymore started in 1971 from Haryana
  • It is only in small assembly that such game played
  • Now centre will be more careful in applying the 356
  • 7 point of SC
    • Cannot be frivolous
    • Rarest of rare
    • Role of speaker



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