Editorials/Opinions Analysis For UPSC 14 April 2025

Content :

1. A Governor’s conduct and a judgment of significance
2. Saving traditional varieties of seeds

A Governor’s conduct and a judgment of significance

Context and Background

• Judgment Delivered: April 2025, by Justices J.B. Pardiwala and R. Mahadevan.
• Core Issue: Governor’s prolonged inaction and delayed referral of Bills passed by the Tamil Nadu Legislative Assembly.
• Impugned Action: 10 re-enacted Bills, including those curtailing the Governor’s role in university appointments, were sent to the President without action on them by the Governor.
• Constitutional Challenge: Whether the Governor can indefinitely delay or withhold assent to duly passed State legislation.

Relevance : GS 2(Polity and Governance)

Practice Question :”The Governor is a constitutional head, not a parallel power centre.” In light of recent judicial pronouncements, critically examine the constitutional limits on the discretionary powers of the Governor with reference to Article 200. (15 marks, 250 words)

Key Constitutional Provisions and Legal Principles

• Article 200 – Governor’s Assent to Bills:
  • Options: (i) Assent, (ii) Withhold and return for reconsideration, (iii) Reserve for President.
  • No provision for indefinite withholding without communication or a pocket veto.

• Governor’s Discretion – Extremely Limited:
  • Only 3 exceptions to acting on the advice of Council of Ministers:
    • If the Bill derogates from High Court powers (2nd proviso to Art. 200).
    • If the Bill requires Presidential assent as per Article 31C.
    • If it fundamentally violates constitutional values.

• Judicial Review of Governor’s Action:
  • Article 361: Grants personal immunity but not immunity from scrutiny of official acts.
  • Supported by Rameshwar Prasad v. Union of India (2006): Governor’s decision can be reviewed.

Major Findings of the Court

• Governor’s Delay = Constitutional Subversion:
  • Prolonged inaction without reason amounts to dereliction of constitutional duty.

• Discretion Without Accountability = Undermines Democracy:
  • Referring Bills without advice or justification is ultra vires the Constitution.

• Invoking Article 142:
  • Court declared the 10 Bills as deemed assented on the date they were re-presented — an extraordinary but necessary use of its power to ensure complete justice.

• Mandamus Not Issued:
  • Because Governors cannot be held in contempt under Article 361, mandamus would be ineffective.

Federalism and Democratic Governance

• Backbone of Indian Federalism:
  • Governor is a constitutional head, not an autonomous actor or agent of the Centre.
  • As per S.R. Bommai (1994) and Nabam Rebia (2016), State autonomy is a part of the basic structure.

• Legislative Supremacy Within State:
  • Seventh Schedule demarcates law-making powers; State List (List II) matters must not be subverted by central appointees.

• Democratic Accountability:
  • Article 163 binds the Governor to act on aid and advice of the Council of Ministers in all but rare exceptions.

Backward Linkages and Precedents

• State of Punjab vs Governor of Punjab (2023):
  • Rejected Governor’s passive resistance to Bills; emphasized non-discretionary assent role.

• Constituent Assembly Debates:
  • Explicit removal of “discretion” phrase from draft Article 175 (now 200) shows intent to limit Governor’s autonomy.

• Past Conflicts:
  • Recurring Centre-State tensions — seen in Maharashtra, Kerala, West Bengal, Tamil Nadu — due to Governor’s overreach.
  • Reinforces criticism of “centrally controlled federalism”.

Constitutional & Governance Implications

• Judgment Strengthens Cooperative Federalism:
  • Governor’s role reaffirmed as facilitatory, not obstructionist.

• Boosts Legislative Efficacy:
  • Prevents bottlenecks where State laws are delayed arbitrarily.

• Redefines Governor’s Accountability:
  • Even constitutionally protected offices are not above constitutional morality and judicial scrutiny.

Saving traditional varieties of seeds

Introduction:

• India is home to over 1,00,000 traditional seed varieties developed over centuries through indigenous knowledge.
• However, the Green Revolution model of agriculture and modern seed systems have led to erosion of this agrobiodiversity.
• At a time when climate shocks, soil degradation, and malnutrition are rising, traditional seeds offer resilience — yet are rapidly disappearing.

Relevance : GS 3 (Agriculture, Environment, Food Security)

Practice Question : “Imagine an India where every farmer grows the same handful of crops — wheat, rice, and a few vegetables — while thousands of traditional seed varieties disappear.”

Critically examine the structural challenges and potential solutions to revive India’s traditional seed varieties in the face of climate change and nutritional insecurity. (250 words)

Why are traditional seed varieties disappearing?

Distorted Market Demand & Consumer Preferences:

• Government schemes (PDS, MSP) favour rice and wheat → discouraging millets, pulses, and indigenous grains.
• Urban markets demand uniform, polished grains, not diverse heirloom varieties.
• Traditional seeds are seen as “inferior” due to lack of branding and awareness.

Seed Production & Distribution Structure:

• Hybrid seeds are produced commercially; traditional varieties depend on community exchanges and farmer-to-farmer sharing.
• India lacks a robust network of community seed banks for preservation and access.

Policy Bias & Agricultural Incentives:

• Green Revolution-era policies promoted HYVs through subsidies, irrigation, and chemical inputs.
• Biodiversity and nutritional quality were sidelined in favour of productivity.
• R&D remains skewed towards a few crops; minor millets and pulses lack institutional focus.

Lack of Institutional Infrastructure:

• Seed certification, distribution, procurement, and price support infrastructure do not support traditional varieties.
• Agricultural universities focus on yield-centric breeding rather than farmer-led participatory breeding.

Why should we protect traditional seeds?

• Climate Resilience: Many indigenous varieties are drought/flood-tolerant and adapted to local soils.
• Nutritional Security: Traditional millets, pulses, and grains have higher micro-nutrient content.
• Cultural Heritage: These seeds represent centuries of indigenous knowledge and diversity.
• Agroecological Sustainability: Require fewer chemical inputs and restore soil fertility.

Way Forward:

Strengthening Community Seed Systems:

• Create and fund regional conservation centres and community seed banks with farmer participation.
• Promote Participatory Plant Breeding (PPB): scientists + farmers co-develop improved landraces.

Policy & R&D Realignment:

• Redirect agricultural subsidies and procurement toward diverse and climate-resilient crops.
• Expand MSP and inclusion of millets/pulses into ICDS, Mid-Day Meals, and ration systems.
• Reorient research institutions to prioritise climate resilience over yield alone.

Incentivising Traditional Farming:

• Offer financial incentives for growing indigenous varieties — e.g., crop insurance, certification support.
• Support processing, branding, and value-addition for traditional grains to boost market access.

Consumer Awareness & Demand Creation:

• Launch nationwide awareness campaigns on nutritional and environmental benefits.
• Leverage branding, e-commerce, and GI tagging for traditional crops.

Conclusion:

• India’s food future cannot depend solely on modern HYVs that are input-heavy and climate-sensitive.
• By recognising the value of traditional seeds and reforming the food system holistically, India can ensure food security that is sustainable, resilient, and equitable.
• The clock is ticking — conserving our seed heritage is not a luxury, it is a necessity.