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DAILY NEWS ANALYSIS

Monthly DNA

21 Nov, 2023

29 Min Read

Governor and Assent to the Bills

GS-II : Governance Governance

  • The Governor’s appointment, his powers and everything related to the office of Governor have been discussed under Article 153 to Article 162 of the Indian Constitution.
  • The role of the Governor is quite similar to that of the President of India. The Governor performs the same duties as of President, but for the State. Governor stands as executive head of a State and the working remains the same as of the office of President of India. Under the Constitution of India, the governing machinery is the same as that of the Central Government.
  • It is stated that the Governor has a dual role.
    • He is the constitutional head of the state, bound by the advice of his council of ministers.
    • He functions as a vital link between the Union Government and the State Government.

Constitutional Provisions related to Governor

  • The appointment and powers of government can be derived from Part VI of the Indian constitution. Article 153 says that there shall be a Governor for each State. One person can be appointed as Governor for two or more States.
  • The governor acts in 'Dual Capacity' as the Constitutional head of the state and as the representative.
  • He is the part of federal system of Indian polity and acts as a bridge between union and state governments.
  • Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor. They are as follows:
  • A governor must:
    1. Be a citizen of Indi
    2. Be at least 35 years of age.
    3. Not be a member of the either house of the parliament or house of the state legislature.
    4. Not hold any office of profit.
  • The term of governor's office is normally 5 years but it can be terminated earlier by:
    1. Dismissal by the president on the advice of the council of minister headed by the prime minister of the country.
    2. Dismissal of governors without a valid reason is not permitted. However, it is the duty of the President to dismiss a governor whose acts are upheld by courts as unconstitutional and malafide.
    3. Resignation by the governor.

Historical Background

  • The Governors under the Government of India Act 1935 were “by the Raj, of the Raj and for the Raj”. The constituent assembly wanted elected governors as proposed by a sub-committee of B.G. Kher, K.N. Katju and P. Subbarayan.
  • The apprehension of the clash between powers of Governor and Chief minister led to the system of appointed Governor in the state.
  • The draft constitution of 1948 was ambivalent – the drafting committee leaving it to the constituent assembly to decide whether governors should be elected or nominated.

Governor- Issues and Suggested Reforms

Constitutional provisions

  • Article 163: It talks about the discretionary power of governor.
  • Article 256: The executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.
  • Article 257: The executive power of the Union shall also extend to the giving of directions to a State as to the construction and maintenance of means of communication declared in the direction to be of national or military importance:
  • Article 355: It entrusts the duty upon Union to protect the states against “external aggression” and “internal disturbance” to ensure that the government of every State is carried on in accordance with the provisions of Constitution.
  • Article 356: In the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. The state's governor issues the proclamation, after obtaining the consent of the President of India.
  • Article 357: It deals with Exercise of legislative powers under Proclamation issued under Article 356 by the central government.

What are the recent controversies associated with the office of Governor?

Tamil Nadu

Governor refusing to read some parts of the Governor’s address which is prepared by the State govt.
Governor withholding the assent to the NEET Bill to exempt TN from NEET

West Bengal

Governor and state govt face off after the WB Assembly passed a Bill paving the way for making the Chief Minister the Chancellor of State Universities replacing the Governor from the position.

Kerala

Governor touring the state without any previous announcements.
Governor’s warning of action against the individual ministers that lower the dignity of the office of the Governor.
Dispute with state government over the approval of Bills.

Jharkhand

The Governor didn’t act on the advice of the Election Commission of India to disqualify the Chief Minister of Jharkhand for violation of electoral norms. This resulted in prolonged political uncertainity in the state.

Maharastra

The Governor hastily removed the Governor’s rule and administered oath to a CM who lacked majority support.

Rajasthan

The Governor inordinate delay in convening the assembly session for the government to prove its majority.

What is the history and rationale behind the office of Governor?

Pre Independence

Government of India Act 1858- Provincial Governors were agents of the crown, functioning under the supervision of the Governor-General.
Government of India Act 1935- The governor was now to act in accordance with the advice of Ministers of a province’s legislature, but retained special responsibilities and discretionary power.

Post Independence

The Office of the Governor was retained Post Independence. Governor was envisaged to be the Constitutional Head of a state. However, the Governor retained special responsibilities and discretionary power.

What are the Issues Related to the Post of Governor in India?

1. Affiliation Based Appointment- Politicians and former bureaucrats affiliated with the ruling party have been appointed in several instances as Governors. This has led to questions about the post’s impartiality and non-partisanship.

2. Arbitrary Removal of Governors- There are no written grounds or procedures for removing governors. This leads to arbitrary removals especially when there is change of political power at the Union Govt. level.

3. From Centre’s Representative to Centre’s Agent- The governors have become the ‘agents of the Centre’ as they are appointed and removed by the Central Government.

4. Governor recommending President’s Rule- The discretionary power of governor recommending president’s rule on account of the failure of constitutional machinery in the state has has not always been based on ‘objective material’. Political partisanship, whims and fancies have also played their part.

5. No Clear Distinction Between Constitutional and Statutory Role- The constitutional mandate of the Governor to act on advice of the council of ministers is not clearly distinguished from his statutory authority as chancellor. This has resulted in many conflicts between the governor and the state government. For ex- The was a recent appointment of a Vice Chancellor in a university by the Kerala Governor, bypassing government nominations has caused a conflict.

6. Misuse of Discretionary power of appointment of CM- The Office of governor has been accused of playing a partisan role in the appointment of CM in cases where a single party lacks the majority.

7. Convening and Dissolution of Assembly- The Office of Governor has been associated with the politics of delay in the convening and dissolution of state legislative assembly.

8. Delay in giving assent to the Bills- There is no time limit set for how long a Governor can withhold assent to a Bill. This has been misuded by the Office of the Governor to withhold assents to Bills passed by the State legislative Assemblies.

What about the Governor’s role in giving assent to Bills?

  • Article 200- When a Bill passed by the legislature of a State is presented to the Governor, the Governor has 4 options.
  • Suspensive veto- The return of any Bill to State Legislature for reconsideration is also to be done based on ministerial advice.
  • If the bill returned by the Governor for reconsideration is passed by the House again with or without amendments and presented to the Governor, the Governor must assent.
  • Reserved for President- Governor may exercise their discretion, where they feel that the provisions of the Bill will contravene the provisions of the Constitution.
    • Bills reducing the power of the High Court
    • Bills on concurrent list that are repulsive to a Union law based on ministerial advice.
  • Governor will not have any further role when the bill is reserved for President’s consideration.
  • Money Bill- Governor cannot return the Bill for reconsideration, and gives his/her assent as it is introduced in the State Legislature with his/her previous permission.
  • Private Member’s Bill- The Council of Ministers may advise the Governor to withhold the assent to the Bill.
  • Power shift- If the incumbent government whose Bill has been passed by the legislature falls or resigns before it is assented to by the Governor, the new Council may advise the Governor to withhold assent.
  • Pocket veto- The Constitution does not lay down any time limit within which the Governor is required to make a decision.

What are the Constitutional Reforms suggested by Various Committees and Supreme Court?

Various Rulings of the Supreme Court arranged in Chrnological Order-

1. Shamsher Singh vs. State of Punjab(1974)- The Supreme Court held that the Governor is bound to act in accordance with the aid and advice of the Council of Ministers headed by the Chief Minister. Article 154(1) makes it clear that the executive power of the State is vested in the Governor, but shall be exercised by him in accordance with the Constitution.

2. SR Bommai vs. Union of India (1994)- The case was concerned with the use of Article 356 and the Governor’s power to dismiss a State Government. The Supreme Court ruled that whether the State Government has the majority should be tested on the floor of the House. It shouldn’t be based on the subjective assessment of the Governor.

3. Rameshwar Prasad vs. Union of India (2006)- The Supreme Court held the Governor’s decision to dissolve the Assembly as unconstitutional and mala fide. Motivated and whimsical conduct of the Governor in recommending president’s rule is amenable to judicial review.

4. BP Singhal vs Union of India (2010)- The SC held that the removal of Governor cannot be based on arbitrary, capricious or unreasonable grounds.

5. Nabam Rebia vs. Deputy Speaker (2016)- The Governor had went against the advice of the State Cabinet and called the session of the Legislative Assembly at an earlier date (against the recommended date). The SC confirmed that the Governor does not enjoy broad discretionary powers and is always subject to Constitutional standards. The Court concluded that the Governor’s discretion did not extend to the powers conferred under Article 174 (Article 174 is related to the Sessions of the State Legislature, prorogation and dissolution). Hence, the Governor could not summon the House, determine its legislative agenda or address the legislative assembly without consultation.

Recommendations of Various Commissions in Chronological Order

1. The Administrative Reforms Commission (1969)- The Commission recommended that non-partisan persons having long experience in public life and administration should be appointed as the Governors of a State.

2. Sarkaria Commission (1988)-

(a) Appointment of Governor-
(i) The Governor should be appointed after consultations with the Chief Minister of the State
(ii) The Governor should be eminent in some walk of life and from outside the State
(iii) The person should be a detached figure without intense political links, or should not have taken part in politics in the recent past
(iv) The person should not be a member of the ruling party

(b) Removal of Governor-
(i) The Governor should be removed before the end of the term (5 years) only on the grounds if doubts are raised about his morality, dignity, constitutional propriety etc.
(ii) In the process of removal before the end of the term, the State Government may be informed and consulted

(c) Use of Article 356-
This article should be used very sparingly and as a matter of last resort. It can be invoked only in the event of political crisis, internal subversion, physical breakdown, and non-compliance with the Constitutional directives of the Centre.

3. National Commission to Review the Working of the Constitution (NCRWC), 2002- The Governor should be appointed by a Committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha, and the Chief Minister of the State concerned.

4. The Second Administrative Reforms Commission (ARC), 2008- The Inter-State Council needs to come up with some guidelines for governors to follow when they are using their discretionary power.

5. Punchhi Commission (2010)
(a) It proposed giving Governors a fixed term of 5 years and removing them through an impeachment process (similar to that of the President) by the State Legislature. The doctrine of pleasure (for removal of Governors) should be deleted
(b) It reiterated the recommendation of the Sarkaria Commission regarding appointment of Governors. The person shouldn’t be active in politics
(c) The convention of making the Governors as chancellors of universities should be done away with
(d) Article 355 and 356 should be amended to allow the Union Government to bring specific troubled areas under its rule for a limited period, instead of the whole State.

Way Forward

  • For the smooth functioning of a democratic government, it is equally important that the governor must act judiciously, impartially and efficiently while exercising his discretion and personal judgement.
  • In the current political climate examples being Goa (2017), Meghalaya (2018), Manipur (2017) and Karnataka (2018), point to the need to ensure proper checks and balances to streamline the functioning of this office.
  • In order to enable the governor to successfully discharge his functions under the constitution, an agreed 'Code of Conduct' approved by the state governments, the central government, the parliament, and the state legislatures should be evolved.
  • 'Code of Conduct' should lay down certain 'norms and principles' which should guide the exercise of the governor's 'discretion' and his powers which he is entitled to use and exercise on his personal judgement.
  • The 'procedure for appointment of governors should be clearly laid down' and conditions of appointment must also be laid down and must assure a fixed tenure for the governor so that the governor is not under the constant threat of removal by the central government.
  • It is necessary to invest the office of the Governor with the requisite independence of action and to rid them of the bane of ‘instructions’ from the Central Government.
  • It is suggested that the exercise of 'discretionary powers' by the Governors should be 'guided by the healthy and democratic conventions’.
  • The Bommai verdict allows the Supreme Court to investigate claims of malafide in the Governor’s report, a similar extension to cover malafide in the invitation process could be a potential solution.
  • The role of governor is indispensable for the successful working of the constitutional democracy. He must refrain from aligning himself to any political ideology. The virtue of impartiality must be withheld to ensure a free and fair election in a democracy.

Source:

India-UK FTA

GS-II : International Relations Britain

India and the UK are negotiating a Free Trade Agreement (FTA) that will reduce tariffs and non-tariff barriers on goods and services.

What is a Free Trade Agreement?

  • It is a pact between two or more countries that reduces or eliminates certain barriers to trade in goods and services, as well as investment.
  • Goal- To facilitate cross-border transactions, increase investment prospects, promote mutual trade, and improve the ease of business.
  • Bilateral FTAs- India has bilateral FTAs with Sri Lanka, Afghanistan, Bhutan, Japan, Thailand, Singapore, Nepal, Korea, Malaysia, etc.
  • Regional FTAs-
    • South Asian Free Trade Agreement (SAFTA)- 2004
    • India-ASEAN Agreement- 2010

India-UK Free Trade Agreement (FTA)

  • It is a proposed bilateral trade deal that aims to boost the economic ties between the two countries.
  • Coverage- 26 chapters including goods, services, investment, intellectual property rights, rules of origin and dispute settlement.
  • Roadmap 2030 with India- Launched by UK in 2021 and FTA is a part of this initiative.
  • It outlines a vision for a transformational relationship between the two countries in the areas of trade, defence, security, climate change, health, and education.

What are the benefits of India-UK FTA?

For India

  • Future collaboration- It will serve as a template for an agreement with European Union, India’s 2nd largest trade partner.
  • Diversify trade- It will help India to diversify its trade partners and counter China’s influence in the region.
  • Investment destination- It will be India's 1st comprehensive deal with an industrialized nation, and will help India attract foreign investment and enhance its market access.
  • Potential sectors- It will benefit sectors such as textiles, gems and jewellery, cars, Scotch whisky and wines by lowering tariffs and increasing market access.
  • Address non-tariff barriers- FTA deals with standards, regulations and custom procedures that often hamper trade flows.
  • Global trade- FTA will complement India's other trade agreements, such as the ones with the UAE, Australia, and Israel, and will help India integrate with the global value chain.
  • Bilateral ties- FTA will strengthen the strategic partnership between the two countries, which share common values and interests.

For UK

  • Boost exports- UK wants to compensate for the loss of access to the European Single Market after Brexit and boost its exports to India.
  • Access to India’s market- It will gain access to India's large and growing consumer market, as well as its skilled workforce and innovation potential.

What are the challenges with the India-UK FTA?

  • Strict regulations- Sectors such as agriculture, manufacturing face strict standards and technical requirements in UK market.
  • Affect LDCs- The FTA will affect the Least Developed Countries (LDCs) such as Bangladesh, which currently enjoy preferential access to the UK market.
  • Issues with GI tag- India normally provides general protection for violation of Geographical Indication rules, but the UK is seeking a higher level of protection.
  • The enhanced protection prohibits the use of a GI if the product does not genuinely originate from the designated area, regardless of whether the public is misled or the true origin is specified.
  • Carbon border tax- UK’s possible tax on imports of high-carbon goods like steel as it mimics the European Union's carbon border adjustment mechanism (CBAM) would affect India’s exports.
  • Rules of origin- It is getting increasingly difficult as the present-day manufacturing is progressively integrated with global supply chains in a much more complex manner than ever before.
  • Non trade issues- Issues such as labour, sustainability, climate change, emission etc., are indeed complex and offers formidable challenges for Indian negotiators to agree with.

What lies ahead?

  • As FTAs are based on mutual benefits, India should negotiate firmly for the UK to offer similar elevated GI protection to Indian products.
  • There need to be a more balanced and reciprocal trade relationship, potentially opening new markets and enhancing the global standing of Indian products.

Source:

China-Myanmar Economic Corridor (CMEC)

GS-II : International Relations India and its neighborhood

China is prioritising the extension of the China-Myanmar Economic Corridor (CMEC) to Sri Lanka.

  • CMEC is the newest of the 6 land corridors under the Belt and Road Initiative (BRI)

Project South Asia under the BRI project

  • China-Myanmar Economic Corridor (CMEC)
  • Nepal-China Trans-Himalayan Multi-dimensional Connectivity Network (CNEC)
  • China Pakistan Economic Corridor (CPEC)

India and Bhutan are the only countries in South Asia that have stayed out of the BRI.

  • Initially, it was part of ambitious ‘Bangladesh China India Myanmar (BCIM) corridor’ proposed in 2013 but later it became standalone economic corridor in 2017.
  • Bangladesh China India Myanmar (BCIM) corridor proposed in 2013 to link Kunming in China’s Yunnan province with Kolkata has been largely stalled as of now.

Significance – China will be able to shift its manufacturing to its south-western provinces to avoid the middle-income trap.

  • It provides shorter routes to markets in South Asia, East Africa, West Asia, and Europe.
  • It opens the Myanmar market to all Chinese goods and services and allows China to import raw materials from Myanmar and beyond.
  • Impact on India – It will reinforce and strengthen the string of pearls strategy of China
  • CPEC, CMEC and the CNEC signify the economic as well as strategic rise of China in the Indian subcontinent.

Source:

India- Australia 2+2 Defence Dialogue

GS-II : International Relations Australia

Recently, India and Australia held 2+2 Ministerial Dialogue to step up defence cooperation and deepen the strategic relationship in sectors such as critical minerals and trade and investment.

  • 2+2 Dialogue is a format of meeting of the foreign and defence ministers of India and its allies on strategic and security issues.
  • India-Australia 2+2 Defence Dialogue – 1st session held in 2021 and 2nd dialogue held in 2023 at New Delhi, India.
  • Areas of cooperation - Defence and security, trade & investment, critical minerals, energy, climate change, S&T, space, education and people to people linkages along with regional and global issues.
  • Conclusion of 2nd dialogue - Both nations agreed to cooperate further in information exchange, Maritime Domain Awareness (MDA), hydrography cooperation and in air-to-air refuelling.
  • Significance – There have been several 1st in this cooperation
    • The maiden visit of an Indian Navy submarine to Australia.
    • Canberra hosting the Malabar naval exercise.
    • Indian Navy Dornier and Air Force C-130 visiting Cocos Keeling Island.

At present, India has 2+2 dialogue with UK (2023), Australia (2021), Russia (2021), Japan (2019) and USA (2018).

Source:

Chimeras of Nature

GS-III : Biodiversity & Environment Biodiversity & Environment

In a recent landmark study, scientists reported the successful generation of a live chimera in non-human primates.

What is chimera?

In Greek mythology, a chimera was a fearsome creature with the combined features of a lion, a goat, and a snake.

  • Chimerism- It is defined as a phenomenon of occurrence of more than one type of different and distinguished genotype in an organism.
  • Chimera- It is defined as an organism composed of cells with different genotypes altogether.
  • Formation of chimera- They can arise in several ways
  • Natural chimeras- It also occurs in natural ways.
    • Example- Anglerfish, Sponges, Yellow Crazy Ants etc.,
  • Genetic Chimeras- It happens when an individual is derived from two or more zygotes.

Types

About

Animal chimeras

It results from the merger of two or more embryos. They may possess blood cells of different blood types and subtle variations in form.

Plant chimeras

It can have distinct types of tissue originating from the same zygote due to mutation during ordinary cell division.

Hybrid chimeras

An individual where each cell contains genetic material from two organisms of different breeds, varieties, species or genera.

Organ transplantation

The tissues from a different genome are introduced to an individual.

Example- Bone marrow transplantation can determine the recipient's ensuing blood type.

What are the key findings of the study?

  • The stem cells from a cynomolgus monkey (crab-eating or long-tailed macaque) is combined with a genetically distinct embryo from the same monkey species.
  • The cells were also infused with a green fluorescent protein so the researchers would be able to determine which tissues had grown out of the stem cells.
  • The resulting chimeric monkey had cells of both genotypes in various tissues.
  • It reported the successful generation of a live chimaera in non-human primates, which are evolutionarily close to humans.
  • This is the 1st time scientists have succeeded in producing a live infant chimeric monkey.

What are the advantages and challenges of the chimeras?

Advantages

Challenges

  • Organ transplantation- Animals have been used to fulfil the organ demands by providing insulin, heart valves, etc.
    • Human pig chimeras can potentially grow human-like organs that can be transplanted without rejection.
  • Drug discovery- It can help researchers to test new drugs and therapies in more realistic models of human diseases.
    • Human brain cells transplanted into mice can improve their cognitive abilities and mimic some aspects of human neurological disorders.
  • Evolutionary studies- It can reveal insights into evolution and development of different species.
    • Human-monkey chimeras can help to understand the similarities and differences between primates and human and how they diverged from common sense.
  • Health issues- They may face health problems, such as infertility, autoimmune diseases, and psychological stress, due to the presence of cells from different species.
  • Cross species disease- They may pose a risk of transmitting cross-species diseases to humans or other animals, especially if they have human-like organs or immune systems.
  • Human identity- Chimeras may challenge the moral and legal status of both humans and animals, as they blur the boundaries between species and raise questions about their rights, dignity, and identity.
  • Unintended consequences- They disrupt the natural balance of ecosystems, creating new ethical dilemmas, affecting public perception and acceptance of biomedical research.
  • Animal welfare- The welfare of the animals is at risk due to mixing of human and animal cells.

Source:

Tantalum

GS-III : S&T Achievements of Indians in S&T

Researchers from the Indian Institute of Technology (IIT), Ropar has detected the presence of tantalum, a rare metal, in the Sutlej river sand in Punjab.

Sutlej River is longest of the 5 tributaries of the Indus River that give the Punjab (meaning “Five Rivers”) region its name. 80% of the catchment area of River Sutlej is in China.

  • Tantalum – A chemical element with symbol Ta and atomic number 73 in the periodic table.
  • It is very hard, ductile, lustrous, bluish-grey transition metal that is highly corrosion resistant.
  • It has a melting point of 5,463 °F (2,996 °C), the 4th highest of all metals.
  • It is one of the 12 critical and strategic minerals according to the annual report of the Union Ministry of Mines for 2020-21.

Critical mineral is a metallic or non-metallic element that is essential for the functioning of our modern technologies, economies or national security. They are 30 in number in India.

  • Applications
    • Production of electronic components
    • In the making of surgical implants
    • Can replace bone, connect torn nerves and bind abdominal muscle
    • As electrodes for neon lights and in glass for special lenses
    • High-temperature applications, such as aircraft engines

Source:

Rani Lakshmibai

GS-I : Modern History Personalities

  • Rani Lakshmi Bai, also known as the Rani of Jhansi, was a queen and freedom fighter in India.
  • Her original name was Manikarnika Tambe.
  • She was born on November 19, 1828 in Varanasi. She was the Maharani of the princely state of Jhansi from 1843 to 1853.
  • The British East India Company refused to accept their adopted son as legal heir through Doctrine of Lapse and decided to annex Jhansi.

So, Rani Lakshmi Bai took part in the Indian Rebellion of 1857 and died on the battlefield in June 1858.

Source:

Mars solar conjunction

GS-III : S&T Space

  • Mars solar conjunction is a phenomenon that occurs when the Sun is between Earth and Mars. This happens once every 2 years.
  • During conjunction, Mars is located on the opposite side of the Sun from Earth.

Source:

Kasu Brahmanandha Reddy National Park (KBR)

GS-III : Biodiversity & Environment Conservation

  • KBR National Park, also known as Chiran Fort Palace is located in the Jubilee Hills area of Hyderabad.
  • The park is also known as ‘jungle amidst the concrete jungle’ and was declared as a National Park in 1998.

The park is named after former Andhra Pradesh Chief Minister Kasu Brahmananda Reddy

Source:

Igla-S anti-aircraft missiles

GS-III : S&T Missile system

  • Russia has recently signed a contract to supply Igla-S hand-held anti-aircraft missiles to India and allow production of the Igla under licence in India.
  • The Igla-S is a man-portable air defence system (MANPADS) that can be fired by an individual or crew to bring down an enemy aircraft with a range of upto 6km.
  • It is also known as the Igla-Super and SA-24 Grinch

India is the world’s largest arms importer and Russia remains its largest supplier (45%) with France providing 29% and the United States 11%.

Source:

Inland fishing in India

GS-III : Economic Issues Fisheri

  • India has overtaken China to become the largest contributor of inland capture water fisheries, thereby emerging as one of the top 3 fish-producing countries in the world.
  • Inland fish production has doubled over the past 9 years to 131 lakh tonnes.
  • In 2021-22, India's annual fish production reached an all-time record of 162.48 lakh tons.

Some of India's inland capture fisheries resources include - Godavari, Krishna, Cauvery, Bhima, West Coast Narmada, Tapti, Mahi.

Source:

Geograpy of Liberia

GS-I : Physical Geography World Geography

  • Joseph Boakai was recently declared winner of Liberia's presidential election, beating incumbent George Weah.
  • Liberia is a country in West Africa sharing its borders with Sierra Leone, Guinea, and Ivory Coast to the northwest, north, and east respectively.

The Atlantic Ocean borders Liberia to the south-southwest.

Source:

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