Transnistria

Transnistria

Subject: Geography

Section: Mapping

Context: Embroiling Transnistria in the Russia-Ukraine War.

As the Russia-Ukraine War completes over two months, Transnistria, the tiny breakaway region of Moldova, risks being dragged into the conflict.

Where is Transnistria?

• It lies between Moldova to its west and Ukraine towards its east.
• Often described as a “remnant of the Soviet Union”, Transnistria declared independence like Moldova did soon after the break-up of the Soviet Union.
• When Moldovan troops attempted to take over the territory in 1990-1992, Transnistria was able to resist them because of Russian soldiers based in Transnistria.
• It has remained free of Moldovan control. However, most countries continue to see Transnistria as part of Moldova.

Political make-up of Transnistria

• It has its own government (which is pro-Russian), Parliament, armed force, constitution, flag, anthem, etc.
• In a referendum held in 2006, over 97% of Transnistrians voted for future integration with Russia Russia, however, was not keen on this.

Why is it in the news now?

• Transnistria risks being drawn into the Russia-Ukraine war because of reports of a series of explosions in its territory.
• There was an attack by men using rocket propelled grenades on its security headquarters,

Context: The Election Commission (EC) has sent a notice to Jharkhand Chief Minister Hemant Soren over an office-of-profit charge against him for allotment of a mining lease in his name.

What is office of profit

• MPs and MLAs, as members of the legislature, hold the government accountable for its work. The essence of disqualification under the office of profit law is, if legislators hold an ‘office of profit’ under the government, they might be susceptible to government influence, and may not discharge their constitutional mandate fairly.
• The intent is that there should be no conflict between the duties and interests of an elected member.
• The office of profit law simply seeks to enforce a basic feature of the Constitution- the principle of separation of power between the legislature and the executive.

What constitutes an ‘office of profit’?

• The law does not clearly define what constitutes an office of profit but the definition has evolved over the years with interpretations made in various court judgments.
• An office of profit has been interpreted to be a position that brings to the office-holder some financial gain, or advantage, or benefit. The amount of such profit is immaterial.
• In 1964, the Supreme Court ruled that the test for determining whether a person holds an office of profit is the test of appointment. Several factors are considered in this determination including factors such as:
  • (i) whether the government is the appointing authority,
  • (ii) whether the government has the power to terminate the appointment,
  • (iii) whether the government determines the remuneration,
  • (iv) what is the source of remuneration, and
  • (v) the power that comes with the position.

What does the Constitution say

• Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government.
• The articles clarify that “a person shall not be deemed to hold an office of profit under the government of India or the government of any state by reason only that he is a minister”.
• The Constitution specifies that the number of ministers including the Chief Minister has to be within 15% of the total number of members of the assembly (10% in the case of Delhi, which is a union territory with legislature).

What are exemptions given

• Provisions of Articles 102 and 191 also protect a legislator occupying a government position if the office in question has been made immune to disqualification by law.
• In the recent past, several state legislatures have enacted laws exempting certain offices from the purview of office of profit.
• Parliament has also enacted the Parliament (Prevention of Disqualification) Act, 1959, which has been amended several times to expand the exempted list.

Is there a bar on how many offices can be exempted from the purview of the law?

• There is no bar on how many offices can be exempted from the purview of the law.