Mentorship – Polity
The government had replaced the Planning Commission with a new institution named NITI
Aayog (National Institute for Transforming India ) on January 2015. It is created by
executive Resolution to act as a think tank as well as an action tank.
As it is created by executive Resolution by Union Cabinet, it is neither a constitutional nor
statuary body But extra constitutional in nature.
• It is the Premier policy think tank of government providing both directional and
policy inputs. And also provide the relevant technical advice to the centre as well as
• Unlike Planning Commission, it follows bottom approach in its composition and
accommodates diverse points of view , In a collaborative rather than conflicting.
• It is acting as a knowledge hub of internal and external resource and serving as a
repository of good governance best practices. For example, Atal tinkering lab to
promote scientific innovation and research methods has been ruled out by NITI
• Composition. It consists of a chairperson i.e. Prime Minister of India.
➢ Governing Council consists of the Chief Ministers of all the States and Lt.
Governors of Union Territories in India.
➢ Regional councill are created to address particular issues and possibilities
affecting more than one state. These will be formed for a fixed term. It will be
summoned by the Prime Minister. It will consist of the Chief Ministers of States
and Lt. Governors of Union Territories. These will be chaired by the
Chairperson of the NITI Aayog or his nominee.
➢ Full time and part time members. It includes vice chairperson appointed by
Prime Minister, full time member, Chief Executive Officer, ex officio, members
of Union Ministers and Secretariat as deemed necessary.
• This helps India to emerge as a major economy in the world. The NITI Aayog’s creation
has two hubs called “Team India Hub” and “Knowledge and Innovation Hub”.
➢ Team India: It leads to the participation of Indian states with the central
➢ The Knowledge and Innovation Hub: it builds the institution’s think tank
The reason for setting up the NITI Aayog is that people had expectations for growth and
development in the administration through their participation. Hence, with these wide
range of expertise, it act as Action tank as
• By providing fresh ideas and sharing them with the centre and state governments,
NITI Aayog helps institutions to be able to reform by themself according to need
nation in 21st century through initiatives like 3 year national Action plan.
• It has become an agent of change overtime and has helped in improving
governance by working across various dimension of public policy. For example, it
provides a framework for simultaneous elections, block chain technology framework
• It also attempted to bridge the gap and insure development through the programs
like Aspirational Districts Programme in 115 districts from under developed reason.
• To enhance education standards, it has put forth guidance by means of program
like Atal Innovation Mission.
• To foster the spirit of cooperative federalism and insuring the ease of doing
business, it has come up with performance based ranking of state.
• It also helps in replicating the best practices in different state in various sectors.
• It also insures and facilitated the Direct interaction among ministries and state to
address issues in sorted span of time.
Hence, by many actions, it has been proven that NITI Aayog works as a action tank. But it
also helps. In promoting and visualising the new innovative idea by being a Think tank as –
• As it is a non statutory, its role is advisory in nature.
• It has no role in influencing public or private policy effectively.
• it generates new ideas and framework to guide the government at the centre and
• It’s knowledge and innovation hub insures the mandate of fooling the state of Art
• It provides the advice and encourage the partnership across the key areas.
Hence being non constitutional and non statutory in nature, it is limited in its extent By
means of –
• Its role is merely advisory in nature so it can’t inforce any of policy framework to the
any government at centre and state.
• It doesn’t have regulatory power which can insure effective service delivery and
• The composition of NITI Aayog – An appointment of member doesn’t support
Democratic norms as member from opposition are not included.
• Mere research body than Executive One as the task is undertaken, being intellectual
often left unnoticed by government in power.
• No quasi judicial powers have invested in it to ensure the effective implementation
Hence, even though it is a limited by means of its action, it is still act as a catalyst to the
development process and nurture and overall enabling environment. Through a holistic
approach to development by means of its research and followed by advise to the both
centre and states.
Right to information has been a breakthrough in creating mechanism and platform for the
practice of continual public vigilance that are fundamental to Democratic citizenship. And
recent amendment to the bill insures it’s strengthening despite deriving criticism of
compromising authority of CIC.
Recent amendment to Right to Information Act 2005.
The right to Information ( amendment) Act Bill 2019 to amend section 13, 16 & 27 of
right to Information Act 2005, which is criticised for being compromising the authority of
CIC because as per the bill.
• The Centre shall have the powers to set the salaries and service conditions of
Information Commissioners at central as well as state levels.
• Term of the central Chief Information Commissioner and Information
Commissioners: appointment will be “for such term as may be prescribed by
the Central Government”.
• While the original Act prescribes salaries, allowances and other terms of
service of the state Chief Information Commissioner as “the same as that of
an Election Commissioner”, and the salaries and other terms of service of the
State Information Commissioners as “the same as that of the Chief Secretary
to the State Government”, the amendment proposes that these “shall be such
as may be prescribed by the Central Government”.
By Right Information Act Amendment considered necessary by government.
• The statement of objects says “the mandate of Election Commission of India
and Central and State Information Commissions are different. Hence, their
status and service conditions need to be rationalised accordingly”.
• CIC has been given the status of a Supreme Court Judge, but his judgments
can be challenged in the High Courts.
• To address the right to information application effectively as more than 60 lakhs
Applications are filed every year.
• To fill the vacancies very effectively and rule out any vacant posts.
Therefore, the amendments Have been brought to correct certain anomalies in the
RTI Act. It does not dilute the Act in anyway and it was passed in a hurry in
2005. RTI Amendments would strengthen the overall RTI structure.
But it drew wide criticism due to the fact because –
• How it is going to address the right to information application and fill vacancies is
remaining. Unanswered due to unclear provisions in the amendment bill.
• As Ruling power – central government is empowered to fixed the term and salaries
& allowances. It is likely to impact the independence and accountability on a part of
CIC and other Information Commissioner.
• This also empowered central government to fix the term, salary & allowance for the
State Information Commissioner, thereby diluting federal features of democracy.
The RTI Act is regarded as one of the most successful laws of independent India. It
has given ordinary citizens the confidence and the right to ask questions of
government authorities. According to estimates, nearly 60 lakh applications are
being filed every year. It is used by citizens as well as the media. The law is seen as
having acted as a deterrent for government servants against taking arbitrary
December - Polity
AS mentioned by Doctor BR Ambedkar CAG is most important office in the Constitution of
India. As he sees that the expense voted by Parliament or not exceeded or varied from
what has been laid down in budget. And insuring no corrupt practices. This also highlights
its importance of being an institution of anti corruption.
Constitutional provisions Comptroller and Auditor General. The Article 148 of Indian
Constitution provides the office of CAG ,It’s appointment, and condition of services.
• Article 149 deals with duties and power of CAG of India.
• Article 151 reports Of CSG with respect to account of Union shall be submitted to
president who shall laid them before each House of Parliament.
CAG facing limitation While performing its role.
• CAG report are mostly not been attended On a serious note and often overlooked.
• There is no deadline for production of document and replies, nor any contempt
proceeding for their denial making institutions as a toothless Tiger.
• CAG doesn’t have right to release these reports in public domain. If they are not
presented in legislature within a month of their submission.
• CAG can’t inforce any of its finding by decree akin to parliaments Public Account
• The CAG has a Authority to inspect any government office and to call any account.
However, in practice the supply of records is often denied.
• Many attempts like dealing crucial document to CAG often obstruct the meaningful
• Shorter tenure of working as an impediment To the independent and proper
function to the institution due to lack of continuity of leadership and loss of
Expertise. For example – The CAG office in UK and US has a term of 10 year and
15 year respectively.
Despite these limitations, Comptroller and Auditor General is still signing as an important
anti corruption institution by means of.
• Article 148 of the Constitution provides for a CAG with the legal status of a
Supreme Court judge.
• The CAG is sworn in under Article 148(3) to uphold the integrity of the nation.
• In order to preserve his independence, the CAG’s expenses are charged (without
vote) to the Consolidated Fund of India. He can be removed from office only under
• It is the duty of the CAG to audit all receipts which are payable into the
Consolidated Fund of India. The rules and procedures are designed to ensure an
effective check on the assessment, collection and proper allocation of revenue.
• His duty is to uphold the Constitution of India and laws of Parliament in the field of
• The accountability of the executive (i.e., the council of ministers) to the Parliament in
the sphere of financial administration is secured through audit reports of the CAG.
• The CAG is an agent of the Parliament and conducts an audit of expenditure on
behalf of the Parliament. Therefore, he is responsible only to the Parliament.
• The CAG has more freedom with regard to the audit of expenditure than with
regard to the audit of receipts, stores, and stock. ―Whereas in relation to
expenditure he decides the scope of the audit and frames his own audit codes and
manuals, he has to proceed with the approval of the executive government in
relation to rules for the conduct of the other audits.
• The CAG has to ascertain whether money shown in the accounts as having been
disbursed was legally available for and applicable to the service or the purpose to
which they have been applied or charged and whether the expenditure conforms to
the authority that governs it.
• In addition to this legal and regulatory audit, the CAG can also conduct the
propriety audit, that is, he can look into the wisdom, faithfulness and economy ‘of
government expenditure and comment on the wastefulness and extravagance of
However, unlike the legal and regulatory audit, which is obligatory on the part of the CAG,
the propriety audit is discretionary.
Thus, Today is CAG has been under taking more performance audits than before. It is
evident that its role, despite many limitations, he is shining and also serving as most
important pillar of democracy. But there is need for some reforms like.
• Bridging structural changes to the institution of CAG similar to international
practices would make it more effective.
• Easing work pressure and complexities of various duties by dividing few of his
duties to other officer and staff of IA&AD.
As recommended by farmer CAG Vinod Rai bringing public private partnership, PRIs and
government funded societies within ambit of CAG, would lessen corruption at bureaucratic
level. Also, a collegium type mechanism to choose a new CAG on the lines of selection a
CVC can make it more effective.
The Finance Commission of India is established by President of India under Article 280 of
Indian Constitution so as to define financial relation between the central government of
India and respective states. Recently the 15th Finance Commission, headed by NK Singh
made recommendation in its report.
Over the years, The changes in micro economic situation of Indian economy have also
brought changes in Finance Commission recommendation as.
• Scale of distribution of tax Proceedings. The 15th Finance Commission
recommended 41% of divisible pool of taxes as a part of devolution, to states a
share that make it suitable with the spirit of cooperative federalism. Even through it
is reduces from 42% of 14th Finance Commission recommendation.
• The Equation between central and state government. It has changed as a result of
recommendation of 12th Finance Commission which reshaped lending by the
international agencies to state. Since then debt obligation of state to the centre
came down significantly.
• For horizontal distribution among states many parameter have been adopted and
dropped. For example recent in 15th Finance Commission dropped Population
1971 and forest cover criteria and introduced tax effort as a new criteria.
• The grants given to the Panchayat , Municipality’s by way of basic grant incentive
Grant, has significantly increased.
• The 15th Finance Commission Recommended the setting up of national and state
disaster management fund so as to promote local level mitigation measures.
• Apart from these guidelines for performance based grants and sector specific
grants have been out lined.
Hence, Finance Commission made many changes to minimize the inequalities and instance
in the Indian fiscal federalism. But despite in its effort to minimize inequalities, Indian fiscal
federalism is suffering from both horizontal and vertical imbalances.
• Division of function and Resources asymmetry mounting vertical imbalances. There
is a mismatch between function allocated to the centre and to the state and powers
of taxation. The vertical imbalance is an outcome of disproportionate alignment of
revenue resources in the relation to increase in expenditure obligation by level of
• Horizontal imbalance it occurs between different unit of government due to
difference in resource endowment, level of development and per capita income.
• Political favouritism result in discretionary grant by the centre to the states. Hence
the visioning the gap for state. In their resource expenditure in Fiscal operation
• Constitutionally set up local bodies are largely dependent for resource from state
• Continue dependence on centre as states more the less depend for financial
resource on the centre.
Hence, there is need to correct these imbalances by devolving more share to states
without preconditions, devolution of fiscal power to local bodies. The central pillar of is
federal finance are efficiency, uniformity, economy, autonomy, Sufficiency. Hence these
principle need to be taken care of.
Election Commission of India plays a significant role in organising elections across the
country except Election to Panchayat and Municipalities , Insuring free and fair conduct of
election and model Code of conduct as per norms Under constitutional provisions.
Election Commission of India is a permanent and an independent body established by
constitution Under Article 324.
• Election Commission of India have invested with the power of. Superintendence,
direction and control of election to the Parliament, state legislature, the office of
President of India and Office of the Vice President of India.
• Election Commission of India is a 3 member body Comprising chief election
Commissioner who is appointed by president, and. 2 other election commissioner.
• The Article 324 has been interpreted by courts and by orders of the EC from time
to time to mean that the power vested in it is plenary in nature. It is seen as
unlimited and unconditional in the matter of holding elections.
In other words, the EC can take any action it deems fit to ensure that elections and the
election process are free and fair. These constitutional provisions are – ( Just write 2 3
lines in these – independence , powers , control )
• The independence of the EC is preserved by clauses in the Constitution that say the
Chief Election Commissioner cannot be removed from office except in the manner
provided for the removal of a Supreme Court judge and that the conditions of his
service cannot be varied to the incumbent’s disadvantage after appointment.
• As the superintendence and control over all aspects of the election process is
vested in the EC, it exercises direction and control over civil servants deployed for
➢ This means that bureaucrats engaged in the administrative aspects of
elections, including police officers with law and order duties, are also
amenable to the EC’s jurisdiction.
• This power enables the EC to monitor both the manner in which civil servants
perform their election-related duties, and prevent activities which may be seen as
• The EC often cites its vast powers under Article 324 to transfer or suspend officials
during election time, even though they normally come under the disciplinary
purview of the government of India or the State governments.
• There have been instances of the EC transferring not only Returning Officers, but
also Commissioners of Police and Superintendents of Police. On April 5, 2019, the
EC transferred Kolkata Police Commissioner Anuj Sharma and three other top police
• The normal reasons cited are to prevent these civil servants from aiding any
political party and to ensure a level-playing field for all contestants.
Control over Political Parties and candidates
The EC monitors the adherence of political parties and candidates to the ‘Model Code of
Conduct’. The code is a set of norms laid down by the EC, based on a consensus among
political parties, spelling out the dos and don’ts for elections.
• However, it does not have statutory value, and it is enforced only by the moral and
constitutional authority of the EC.
• If the violations are also offences under election law and the criminal law of the
land, the EC has the power to recommend registration of cases against the
• However, for some violations — such as canvassing for votes during a period when
electioneering is barred, making official announcements while the MCC is in force,
and making appeal to voters on sectarian grounds — the EC has the power to
advise or censure candidates, in addition to directing registration of cases.
These powers are not necessarily traceable to any provision in law, but are generally
considered inherent because of the sweeping and plenary nature of the EC’s responsibility
under the Constitution to ensure free and fair elections.
• Its powers extend to postponing elections to any constituency, cancelling an
election already notified, and even to abrogate or annul an election already held. As
happened in Vellore in the current general election. Earlier, by-elections had been
called off on similar grounds. In March 2012, the Election Commission cancelled a
Rajya Sabha election in Jharkhand after polling was completed, following the
emergence of evidence that candidates were bribing voters.
Besides constitutional provisions many other ways, which evolved by laws or Supreme
court ruling also helps the ECI to conduct free and fair election as –
• Model code of conduct – Election Commission ensure free and fair election by
enforcing and maintaining a model code of conduct before elections and punishes
any candidate or party that violates it.
• Ensuring inner party democracy – The Commission had gone to the extent of
disciplining the political parties with a threat of de-recognising if the parties failed
in maintaining inner-party democracy.
• Ensuring adult suffrage – It ensures participation of all eligible citizens in the
electoral process in an inclusive voter-centric and voter-friendly environment.
• Holding all party talks – It engages with political parties and all stakeholders in the
interest of the electoral process.
• Creating awareness – It creates awareness about the electoral process and electoral
governance amongst stakeholders namely, voters, political parties, election
functionaries, candidates and people at large; and to enhance and strengthen
confidence and trust in the electoral system of this country.
• overrules government – During the times of elections, it can order the government
to follow some guidelines towards making the elections free and fair. At the time of
election duty, the government officers work under the control of EC and not the
• Choosing observers – The Commission approaches the government well in advance
to obtain the names of senior officers for the purpose of appointment as observers
before any election.
• Technological initiative – Commission via SVEEP, ECI engages more and more
voters in the electoral process and ensure their ethical and inducement-free
participation in voting.
There are many provisions envisaged in Constitution to put forth the free and fair
elections. But today more tighter scrutiny is needed where ECI lags as – The EC does not
have the power to disqualify candidates who commit electoral malpractices. At best, it may
direct the registration of a case. The EC also does not have the power to deregister any
Today , besides these constitutional provisions , election commission needs some
reforms to done away with arising challenges and move from free and fare elections to
The multiple party system in India makes it unique in the world. As per latest publication
from Election Commission of India, the total number of parties registered was 2598, with
8 national parties, 52 state parties and 2538 unrecognised parties. Over the years the
regional parties have been playing crucial role in ensuring the democratic principles intact.
The rise of next regional parties.
There a Multiple reason for their emergence as
• Cultural and ethnic pluralism of Indian society.
• Economic disparities and regional imbalances.
• Desire of certain section or area to maintain separate identity due to historical
• Reorganisation of state on the basis of language.
• Role of caste and religion in the political process.
• Alienation and discontentment along tribal groups.
• Failure of national politics to meet the regional aspirations.
• Charismatic personality of regional leaders.
These are the few factors which leads to the emergence of Regional parties in Indian
politics. They have some objectives as.
• To address the regional interest of any particular culture, religion, linguistic or
ethnic affiliation, led politics at state and central Level.
• Preserving a variety of primordial demands based on language, cast or community
• To extent possible Gain power at the state level so that to address the regional or
• Strive for greater regional autonomy of concerned state or reason in the Indian
• To provide a better government To the people As national parties were Failed.
With these objectives, regional parties have been so far successful in terms of.
• Providing better governance and stable government at a regional level.
• They have posed a challenge to the one party dominant system in the country and
led to the decline of domination of single largest party.
• They have made a strong impact on nature and course of Centre – state relations
and made central leadership more responsive towards regional actors due to rising
demand of regional autonomy.
• They have made politics more competitive and popular participation in the electoral
process More extensive at grassroots.
• They have widened the choice for voters in both parliamentary and assembly
• They have increase the political consciousness of people and also their interest in
politics and bringing to focus the local regional issues immediately to attract
attention of masses.
• They provide checks against dictatorial tendencies of central government.
Hence, after the dawn of era of Coalition government, they have assumed an important
role in national politics And contributed significantly to Indian democracy. But in longer
run they failed to fulfill their objectives as.
• They put regional interest more important over national interest. And they adopted
a narrow approach to the Solution of national issues made them alienated.
• They encouraged regionalism, castesim, language communalism, and tribalism
which have become hurdle in national unity and integration and at large. For
example, son of soil policy for few states.
• instead of solving the regional issue they have seen as reason for its aggravation .
For example, recent water dispute over Cauvery River basin. Between Tamil Nadu
• Due to rise in corruption, the Inner Party democracy among these parties is always
get the tent and nobility is being question resulted in the failure to achieve its
• Rise of nepotism and favouritism. Has diluted true spirit of Democratic process and
resulted into Anil Di incompetent and ineffective leadership who like equals
sensitivity and empathy towards masses, is another reason.
Hence, if regional parties keep both national and regional interest at par and worked
toward strengthening Democratic process with probity , would make Indian politics robust
Mentorship – Polity
Key demand of answer –
• Make brief intro of recent verdict of SC or any report related to corruption in India.
• Body –
➢ Put the role & provision of CVC
➢ What are the shortcomings in achieving objective
• Way forward – putting corrective measures as suggestive
As per corruption perception index 2020, India is ranked 80th among 180 countries shows
the corruption is prevailing in country . Even though Central vigilance commission ( CVC)
which is vested with the role to curb corruption, a “nation conference on vigilance & anti
corruption” – has reaffirmed the role of CVC and vouched for holistic approach to end this
The Central Vigilance commission –
It was established in 1964 under the recommendation of santhanam committee & gained
statutory status in 2003 by CVC act 2003.
• It has the role to present the report annually to the president on its performance.
• It is envisaged to prevent corruption in governance and hold civil servants
responsible for their malafide actions.
Mandate of CVC –
• It is considered to be the coordinating authority to check Corruption for All India
services, Central services, PSUs and other departments.
• It heads the Delhi Special Police in cases of Corruption.
• It reviews the grants of prosecution clearance by the government.
• It recommend disciplinary actions against higher officials of Group A,B, All India
It is basically considered to be the nodal agency to tackle corruption at the national level.
Hence it holds role as –
• To monitors all vigilance activity under the Central Government. Where up a
servant is a less to have done corruption.
• To advices various authorities in Central Government organizations in planning,
executing, reviewing and reforming their vigilance work.
• It recommends appropriate action on complaints on corruption or misuse of
• Lokpal, Central Government or Whistle blowers can approach the CVC regarding
• The CVC – Under Prevention of Corruption Act, 1988 – can inquire into offences
reported against certain categories of Public Servants. (However, remember, CVC is
NOT an Investigating agency).
• Reviews the progress of investigation conducted by DPS I CBI in such corruption
• It holds the role. To give advice to the central government, when. Central
government consults the CVC in making rules and regulations governing the
vigilance and disciplinary matters relating to the member of Central Services and All
The Annual Report of the CVC not only gives the details of the work done by it but also
brings out the system failures which leads to corruption in various departments
/Organisations, system improvements, various preventive measures and cases in which the
Commission’s advises were ignored etc.
Since CVC carries a mammoth task to curb the corruption in India , but some time it looks
like just advisory and indicative body because –
• The Decisions of the CVC are not binding on the organizations or ministries.
• Very low conviction rate has reduced the impact of CVC and its effectiveness.
• There is huge delay in the cases that CVC handles, hence it does not act as an
• CVC is often considered a powerless agency as it is treated as an advisory body
only with no power to register criminal case against government officials or direct
CBI to initiate inquiries against any officer of the level of Joint Secretary and above.
• Although CVC is “relatively independent” in its functioning, it neither has the
resources nor the power to take action on complaints of corruption.
• In most cases, the domains and the jurisdiction of the organizations is not clear.
• Multiplicity of organization leads to work duplication and reduces the effectiveness.
• The post of Central Vigilance Commissioner has remained vacant for a long period
Corruption is one issue that needs effective institutions to tackle the same, the demand of
new institutions like Lokpal is on the rise due to the failure of the existing organization like
the CVC. The powers of the CVC with respect to its mandate, the financial independence,
increase in the implementation of otherwise the just advisory role of the CVC needs to be
Key demand of answer –
• Brief introduction containing the data related to urban bodies and their function .
• Body –
➢ Provide constitutional provision related to urban bodies
➢ In “what are they” provide view in legislative, executive or financial dents
and much more – validate your answers too
➢ Then suggest the measure , you think should be there
• Conclude in positive way
The recent flash flood across some major citys like Hyderabad has again highlighted
inefficiency of urban local bodies. To deal with any such calamity and again raised a
question were very such issues which are left unaddressed by them despite constitutional
provisions. Are at place.
Constitutional provision with respect to urban local bodies.
• The 74th constitutional Amendment Act 1992 added a new part IX – B to the
Constitutional Constitution of India. Titled As municipalities and consist of
provisions from Article 243 P to Article 243 ZG. In addition, the actor also added a
new tool schedule 12th Schedule to the Constitution.
• This schedule contains 18 functional items of municipalities.
• Thus, this act give municipality a constitutional status and brought them under the
purview of justiciable, part of Constitution.
The Act aims at revitalising and strengthening the urban government so that they function
effectively as units of local government
As Indian cities are growing rapidly, there is rising pressure on resources and
infrastructure of our bodies due to growing population. These has resulted into various
issues such as.
• Financial resource scarcity. The most important issue is lack of finance. To meet the
demands of growing urbanization and dependence on state for funding along with
poor tax collection by authorities are other reason to. For example, as per economic
survey of 2018, municipality’s do not realize the full potential of property tax.
• Excessive state control. Over urban bodies has restricted its functioning and rather
being there for guidance of an imp aids the decision making at a one level.
• Regular elections has maligned the goal of decentralised governance as seen in
• Poor governance. There is lack of effective body for planning and executive. Task
impartially and often follows potential mandate over people mandate.
• Lack of management capacity – As urban bodies do lag behind in hiring experts in
managerial skills, often leads to improper planning & execution which make it
unprepared to face any natural calamities.
• Lack of co-ordination – among centre & state and ULBs often diverts from real and
emergent issues & needs of cities and result in policy calamities.
• Corruption – Poor planning & executive of plans, poor accountability & poor
governance have corrupted these institutions environment.
• Urban planning: Urban planning is done at the state government level and
municipalities have little or no role in it. There is no direct responsibility for the
consequences of planning as long as the municipality completes the plan. Poor
planning, poor accountability, and poor governance have led to disasters.
• Lack of coordination: Poor coordination among centre, state, and various
departments at local level lead to poor implementation of urban policies. Inability
to coordinate leads to administrative inefficiency and thus poor urban governance.
Measures to strengthen urban local bodies in India: with these issues are in place, there is
need for a coherent & holistic approach to address issues, such as –
• Greater autonomy: The urban local bodies should be given greater autonomy. India
needs to follow a devolved model that empowers urban local bodies. Municipalities
should be more autonomous in their functioning, so that they can deliver quality
• Governance Reforms: Governance reform are needed as catalyst for change. The
Government may consider the adoption of a common categorisation of urban
bodies across the country so as to assist a systematic planning process and
devolution of funds. All areas having population more than 10 lakh should be
defined metropolitan areas.
• Timely elections and recruitment: For strengthening ULBs, a minimum level of
staffing should be provided in metropolitan areas. Elections to ULBs should not be,
generally, delayed beyond six months.
• Encouraging public-private partnership: Successful PPP programs should be
formulated at both state and city levels to fund city development. Role of the state
should be to create an enabling environment with an aim to expand and deepen
private sector investments in infrastructure.
• Planning: Government needs to coordinate at various levels with regard to
implementation of various programmes. The urban local bodies should prioritise the
development programmes. Any mega project envisaged needs to be developed
taking into account the views of all the stakeholders.
• Holistic approach: It is important to integrate various urban development and
related programs at local, state and national levels to develop sustainable city or
metropolitan regions. Urban institutions should be strengthened and roles of
different organisations should be fixed.
Thus, with these measures in mind, the scheme like AMRUT & PRASAD, along with Smart
city project by central govt. is right step in this direction to make our cities better.
Mentorship – Polity
A union territory is a type of administrative division in the Republic of India. Unlike the
states of India, which have their own governments, union territories are federal units
governed directly by the union government. The States Reorganisation Commission, 1956
recommended creation of a different category for territories which did not fit the model of
Constitutional provision related UTs –
Articles 239 to 241 in Part VIII of the Constitution deal with the union territories and there
is no uniformity in their administrative system.
the union territories are more unitary than federal as –
• UTs are ruled directly by the Central government and has a Lieutenant Governor as
an administrator, who is the representative of the President of India and appointed
by the Central government.
• UTs have no representation in the Rajya Sabha except Delhi and Puducherry.
• SC was of the opinion that, Democratically elected government has more powers
than the nominated Lt. governor and Governor is bound by the recommendation of
the Council of Ministers. But in case of difference in opinion, that Decision of
presidents is supreme which establishes the supremacy of centre.
• The Parliament can make laws on any subject of the three lists (including the State
List) for the union territories.
• The President can make regulations for the peace, progress and good government
of the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli, and
Daman and Diu.
• A regulation made by the President has the same force and effect as an act of
• The chief minister is appointed by the President. The ministers hold office during
the pleasure of the president.
But saying , that creation of union territories is need of hour , not always it
affects federalism but they are created because of special needs of that area or tgat
ethnicity as -.
• Political and administrative Reasons: Union Territory can be created for Political and
administrative reason to ensure better governance. E.g. Delhi, J&K , Ladakh and
• Cultural distinctiveness: UTs are created to conserve and secure culture of a region
distinctive from surrounding state. Puducherry, Dadra and Nagar Haveli, and Daman
and Diu were created due to these reasons.
• Strategic importance: Due to location and international borders, some areas are
important strategically and for security of India. Andaman and Nicobar Islands and
Lakshadweep and now Ladakh and Jammu & Kashmir are created Due to
• Special treatment and care of the backward and tribal people: Many UTs were
created due to special needs and to secure benefits and rights to tribal people.
Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states were
created due to these reasons.
• The state reorganisation commission’s primary concern was that these territories,
being small and at the early stages of their development, depended on substantial
financial aid from the Centre. Therefore, above all else, they were not as financially
viable as states.
• Moreover, from the experience of certain Part C states that had an elected
legislature since 1951, the SRC argued that their “democratic experiment” had
proved to be too costly, administratively without any rapid economic and social
progress. Security considerations were cited as well in the case of Manipur.
Hence , although there is some deviation from federalism in regarding to UTs but that’s
only because of special needs only. It refers to the collaborative nature of functioning of
Union along with states so as to ensure development and progress.
National Commission for Scheduled Tribes (NCST) Writes to Union Home Minister &
Union Tribal Affairs Minister Conveying Its recommendation to Include Union
Territory of Ladakh Under 6th Schedule of Constitution Of India .
schedule of Indian constitution –
The 6th Schedule of the Constitution provides for the administration of tribal areas in
Assam, Meghalaya, Tripura and Mizoram to safeguard the rights of the tribal population in
these states. This special provision is provided under Article 244(2) and Article 275(1) of
The key administrative provision related to 6th
schedule are as follows – ( just give
3 4 points and 1 2 line explanation of each )
• The governor is empowered to organise and re-organise the autonomous
• If there are different tribes in an autonomous district, the governor can divide
the district into several autonomous regions.
• Composition: Each autonomous district has a district council consisting of 30
members, of whom four are nominated by the governor and the remaining 26
are elected on the basis of adult franchise.
• Term: The elected members hold office for a term of five years (unless the
council is dissolved earlier) and nominated members hold office during the
pleasure of the governor.
• Each autonomous region also has a separate regional council.
• Powers of councils: The district and regional councils administer the areas
under their jurisdiction. They can make laws on certain specified matters like
land, forests, canal water, shifting cultivation, village administration,
inheritance of property, marriage and divorce, social customs and so on. But
all such laws require the assent of the governor.
• Village councils: The district and regional councils within their territorial
jurisdictions can constitute village councils or courts for tri al of suits and
cases between the tribes. They hear appeals from them. The jurisdiction of
high court over these suits and cases is specified by the governor.
• Powers and functions: The district council can establish, construct or manage
primary schools, dispensaries, markets, ferries, fisheries, roads and so on in
the district. It can also make regulations for the control of money lending and
trading by non-tribes.. But, such regulations require the assent of the
governor. The district and regional councils are empowered to assess and
collect land revenue and to impose certain specified taxes.
• Exceptions: The acts of Parliament or the state legislature do not apply to
autonomous districts and autonomous regions or apply with specified
modifications and exceptions.
• The governor can appoint a commission to examine and report on any matter
relating to the administration of the autonomous districts or regions. He may
dissolve a district or regional council on the recommendation of the
Since , 6th schedule incorporates many provision related to the better administration of
area and provide better services to people of that are which it fulfilled as – ( just write 4 4
points of each positive & negative related to 6th
• The tribes in the above states have not assimilated much with the life and ways of
the other people in these states. These areas still have the presence
of anthropological specimens. Hence by providing them a separate Governance
measure protects their rich culture and political boundary for growth.
• Based on the reports of the Bordoloi committee formed by the Constituent
Assembly, the 6th Schedule was formulated to provide limited autonomy to
the tribal regions of North-East because The committee report stated that there
was a need for a system of administration that would allow tribal areas to become
• The report also cited for the protection of these tribal areas from exploitation by
the people in the plains and preserving their distinct social customs. Which was
done very smoothly by provisions under 6th schedule.
• The tribals have been given freedom to exercise legislative and executive
powers through an autonomous regional council and autonomous district councils
(ADCs). Which make them politically dependent and allows them to protect their
• The ADCs are empowered with civil and judicial powers. They can also make laws
on matters like land, forests, fisheries, social security, etc. with due approval from
the governor. Hence 6th schedule provided them safeguard to protect their rich
culture & livelihood and use it sustainably.
• The Acts passed by Parliament and state legislatures may or may not be levied in
these regions unless the President and the governor gives her or his approval,
with or without modifications in the laws for the autonomous regions. Hence
treating them unequal between equals and protecting them from exploitation was
done as vested in Art 14 & 15 of Indian constitution.
Besides these safeguarding measures the 6th schedule failed to meet its demand as –
• There are frequent conflicts of interest between the District Councils and the state
legislatures. For example, in Meghalaya, despite the formation of the State, the
whole of the State continues to be under the Sixth Schedule causing frequent
conflicts with the State Government.
• Various tribal communities with different cultures and customs within one
autonomous council for example Bodo Council and Chakma Council in Assam.
• Inflow of migrants has caused demographic imbalances and increased social
• The tribal elite have appropriated all the power and common citizens left helpless.
• Competition among local officials, police and communities has chocked the
development and has increased resentment among the people.
• These areas lack political mobilization ie. Mainstream parties having regionalism,
localism and communism as political ideology which has drag down the
developmental work. People here have low political participation.
• In case of conflict between the District Councils and the State Legislature, the state
enjoys the superiority, but then it is alleged that autonomous councils are mere
platform for aspiring politicians who nurture ambitions to contest assembly polls in
• However, there are certain issues due to which the sixth schedule has ended up
creating multiple power centres instead of bringing in a genuine process of
democratization or autonomy in the region such as Conflict of Power, governor
functioning and disparity among autonomous bodies and local bodies.
Since , despite autonomy, development benefits have not reached the people and caused
isolation in the region. But 6th schedule provided a safeguard measure to people of these
4 state which were in dilemma of protection of identity and economic development.
Mentorship – Polity
Recently, the Master of Roster Controversy has emerged in Supreme Court. This issue is
focused on Chief Justice of India’s absolute power on judicial administration.
Master of roster. This refers to the privilege of Chief Justice of India to constitute benches
to hear the cases.
Former CJI Dipak Mishra has declared that CJI is alone, master of Roaster, and he alone has
the proragative to constitute benches of Supreme Court and allocate cases to the benches
• No, judge can take up matter on their own unless allocated by Chief Justice of India.
• Constitutional provision Article 145 of Indian Constitution confirms the power on
registrar to fix hearing and petitions.
Why was there the controversy about Master of Rooster?
• Earlier in 2017- 4 senior most judges of Supreme Court had blamed the then CJI
for selective allocating court cases to preferred benches.
• In response to that, CJI published a new subject wise Roster for all location and
forged is agreed to It
• Final judgement over this issue confirmed that the CJI is dominant over the rooster
was necessary to protect the Supreme Court from Anarchy.
The concern over Supreme Court judgment on this issue.
• There is deterioration in the unwritten custom that the law of land is Supreme.
• Concentration of immense power on a single person is harmful for the nation and is
also against the principle of democracy.
• The issue triggering these cases and followed by judgments are also concerning, as
the cases were relating to allegations of a conspiracy to the bribe to Supreme Court
• Previous norms of pronouncing sensitive judgement by consulting with collegium
also get affected as CJI will solely decide on the cases as well as judgements.
Therefore, in order to ensure people trust in judiciary and effective functioning
of judiciary, master of Rosters role can be significant as –
• Master of Roaster is a judge appointed by Supreme Court to list out the allocation
of cases to different judges for preventing two different benches from hearing the
same kind of cases.
• It will allow for effective case management, by allocating similar cases to the judges
with more experience.
• Last year, Supreme Court through few judgments formalised the convention that CJI
is Sui generis and hence master of Roster.
Therefore there is need for rational basis while constituting benches, allocating them cases
which have impact on national and institutions Itself. The accountability and fairness in the
issue shall be taken care of to rule out any partisanship of preferred individual choices so
as to strengthen Judiciary.
Recently, Supreme Court initiated the proceeding for criminal contempt of court against
lawyer activist Prashant Bhushan in context of his social media comment on Chief Justice of
India which attracted the debates all over India.
• According to Indian Judiciary report, civil contempt of cases is 96310 and criminal
contempt of cases are 586.
Contempt of court. It refers to the offence of showing disrespect to the dignity or authority
of the Court.
• The objective. The objective for contempt is stated to be safeguarding the interest
of public If authority of court is denigrated and public confidence in administration
of judiciary is weakened or eroded.
• Supreme Court and high courts derive their contempt Powers from constitution,
➢ Article 129 grants Supreme Court the power to punish for contempt of itself.
➢ Article 142( 2) . Enables Supreme Court to investigate and punish any
person for its contempt.
➢ Article 215 grants High Court, the power to punish for contempt of itself.
Types of contempt of court in India are of following type.
• Civil contempt – Under section 2(b) of contempt of Court Act 1971. It covers wilful
disobedience to any judgment, decree, Direction, order , writ or other process of
code or wilful breach of any undertaking given to a Court.
• Criminal contempt of court. Under section 2(c) of contempt of Court 1971- any the
➢ Scandalise, or tend to scandalize or lower or tend to lower the authority of
➢ Prejudice or interference or tends to interfere with the due course of any
➢ Interferes or tend to interfere or obstruct, or tend to obstruct the
administration of justice in any manner.
The rationale behind contempt of court.
• High Number of Contempt Cases: There still exists a high number of civil and
criminal contempt cases pending in various High Courts and the Supreme Court.
The high number of cases justify the continuing relevance of the contempt of court
• Affecting Judiciary’s Reputation: Amendment in the definition of contempt may
reduce the overall impact of the law and lessen the respect that people have for
courts and their authority and functioning. Also by abolishing the offence in India
would leave a legislative gap.
• Constitutional Source of Contempt Power: Supreme Court and High Courts derive
their contempt powers from the Constitution. The Contempt of Court Act, 1971,
Act only outlines the procedure in relation to investigation and punishment for
➢ Therefore, deletion of the offence from the Act will not impact the inherent
constitutional powers of the superior courts to punish anyone for its
➢ These powers will continue to remain, independent of the 1971 Act.
• Impact on Subordinate Courts: The Constitution allows superior courts to punish
for their contempt. The Contempt of Court Act additionally allows the High Court
to punish for contempt of subordinate courts.
➢ Thus, if the definition of contempt is removed, subordinate courts will
suffer as there will be no remedy to address cases of their contempt.
• Adequate Safeguards: The Commission noted that there are several safeguards
built into the Act to protect against its misuse.
➢ For instance, the Act contains provisions which lay down cases that do not
amount to contempt and cases where contempt is not punishable.
➢ These provisions suggest that the courts will not prosecute all cases of
As said by Supreme Court in a judgment of S Mulgaokar 1978 wise economic use of
contempt of court without jeopardising justice Is need of our as it Restores people’s
confidence in institution and insures its independence.
Mentorship – Polity
Parliament is embodiment of peoples will and parliamentary committee are an instrument of
Parliament for its effective functioning. But recent evidence and data shows that there is a gradual
decrease in role of system and need for necessary reforms.
Parliamentary committee – means a committee that is appointed or elected by house or nominated by
Speaker/ Chairman. It works under the direction of speaker or chairman.
• It presents its report to the House or to the speaker or chairman, and it has secretariat provided
by Lok Sabha or Rajya Sabha.
Basically, the parliamentary committee are of two type –
• Standing Committee it is permanent in nature and constituted every year. It works on the
continuous basis. For example financial committee or Departmental Standing committee.
• Ad hoc committees. These are temporary comities which cease to exist after completion of task.
For example, committee on MPLAD scheme.
The evidence that shows the gradual marginalization are as –
• Decline in matters referred. According to PRS Legislative Research, the referring bill by the
Lok Sabha came down drastically. For example, In 14th and 15th Lok Sabha the 60% and 71%
bills were referred respectively, but in 16th Lok Sabha only 27% bill were referred.
• Neglected in manners of great public importance. For example, recently even after popular
protest against 3 form bills that require proper scrutiny, but it remained out of reach for any
committee to review.
• Other evidences as.
➢ The attendance of member of Parliament is low, leading to incomplete functioning
➢ Too many ministers under a committee is increasing the complexities.
➢ duration of committee is of one year which leaves less space for specialization.
Since Parliamentary committee are very essential for parliamentary functioning. Hence reforms in
the parliamentary committee are necessary, and some measures are suggested as.
• Increasing the Power of committee. As their advice is advisory in nature and often not
taken into the account. Hence to make them effective the Advisory role of Committee
should be changed.
• Mandatory working days with compulsory attendance for Member of Parliament and
increase interaction to make them more holistic, not just a formal advice.
• Setting up new committee – as one committee covers many ministers which creates havoc.
Hence setting up specialized committee would make it efficient. For example, setting up a
committee on national economy or Committee for reviewing Constituent Amendment bills
are need of hour.
• Mandatory discussions. There should be a mandatory discussion in the House over the
report of Parliamentary Committee to make its recommendation public.
Hence it make us to understand its significance of committees as –
• Interministerial coordination as they are assigned with task of looking into demands of grant of
ministers and Department, to look into their long term plans and report to the Parliament they
set up the interministerial coordination.
• Instrument for detailed scrutiny. The committee reports are usually exhaustive and provide
Fact based authentic information on the matter related to the governance.
• large scope of Democratic functioning by means of discussion, scrutiny for larger public good.
• Act as a mini Parliament as its member are from both the houses & across political parties and
they function throughout the year. Its member are not bound by party whip. Therefore they
work ethose of debate and discussion. And also does not act and get carried away by popular
strike demand that generally create blockade in parliaments functioning.
Therefore, Parliamentary Committee, which are seeing marginalization, Requiring strengthening, which
will keep functioning as Foundational pillar of parliamentary democracy in India by keeping role of
representative, responsive and accountability intact.
In 2019 the Indian parliamentarian Group completed 7 decades of its existence, and since its inception,
it served as the bridge between Parliament and various other parliament for the world.
Composition of the Parliamentarian group.
• It is a autonomous body formed in year 1949. In pursuance of a motion adopted by Constituent
Assembly on 16th August, 1948.
• Membership. It is Open to all the Member of Parliament and for ex Member of Parliament also
by becoming associate members of the group but associate members are entitled to limited
• Management and control. The management and control of the affairs of group are vested in
executive Committee and the Speaker of Lok Sabha is the Exofficio president of the group.
The objective of Inter parliamentary groups can be analysed as.
It aimed to promote personal Contacts between Member of Parliament of India & other
parliamentarians of world.
• To arrange visit to the foreign countries with a view to develop Contact with the other
• To study questions of public importance that likely come up before the Parliament, arrange
seminars, discussions and orientation courses.
• To arrange lecture on political affairs, defence, economic, social and educational problems
by MPs and distinguished people.
Rationale of the group.
MN kaul and SL shakdhar explained rationally of the Inter parliamentary group in following ways.
• New thrust in direction of promotion of Inter parliamentary relation. Due to increased
interdependence of nations in global environment, Inter Parliamentary Group Act as a bridge to
• To facilitate peace and prosperity. In country and globally the IPG caters to this need as
parliamentarians can join hands to safeguard democracy and work in synergy to comfort the
challenge. Before world and convert them into opportunities.
• A forum for interaction. The parliamentary group can participate in such events or global forum
where they can meet and discuss problem and find its solution.
• Cross fertilization of ideas. The cross fertilization of ideas between different parliamentarians of
the world varying is experience, Expertise can took place.
• Connecting link. Inter parliamentary group is sought as the connecting link for all such matters
of people welfare through delegation, goodwill missions and correspondence.
Hence, Inter parliamentary group can play a key role in era of present world where international
problems has become national problems and Inter parliamentary relations assuming great importance.
MENTORSHIP – Polity
the democratic tools like question hour, zero hour are meant to ensure accountability and
insures check & balance on executive actions. But any move by parliament to go without it
in any parliamentary sessions will have long impact and detrimental effect on health of
democracy. However in context of Covid19 government said no to these tools.
Question hour & Zero hour in parliament –
Question hours – The first hour of every parliamentary sitting is slotted for the Question
Hour. However, in 2014 the Question Hour was shifted in the Rajya Sabha from 11 am to
12 noon. During this one hour, Members of Parliament (MPs) ask questions to
ministers and hold them accountable for the functioning of their ministries. The questions
can also be asked to the private members (MPs who are not ministers).
Zero hour – Zero Hour is an Indian parliamentary innovation. It is not mentioned in the
parliamentary rules book. Under this, MPs can raise matters without any prior notice. The
zero hour starts immediately after the question hour and lasts until the agenda for the
day (i.e. regular business of the House) is taken up. In other words, the time gap between
the question hour and the agenda is known as zero hour.
Significance of Question hour and zero hour –
Significance of Question hour –
• Over the last 70 years, MPs have successfully used this parliamentary device to
shine a light on government functioning.
•Their questions have exposed financial irregularities and brought data and
information regarding government functioning to the public domain.
•With the broadcasting since 1991, Question Hour has become one of the most
visible aspects of parliamentary functioning.
Significance of Zero hour –
•During the initial days, Parliament used to break for lunch at 1 pm.
•Therefore, the opportunity for MPs to raise national issues without an advance
notice became available at 12 pm and could last for an hour until the House
adjourned for lunch.
•This led to the hour being popularly referred to as Zero Hour and the issues being
raised during this time as Zero Hour submissions.
• Its importance can be gauged from the support it receives from citizens, media, MPs
and presiding officers despite not being part of the rulebook.
The concerns of evoking Question hour & Zero hour –
• We, the people of India, gave us a Constitution that prescribes for our democracy a
parliamentary form of government in which the executive is accountable to the
electorate through a legislature which in turn is periodically elected by the electorate.
• Against the Spirit of Democracy: Suspension of Question Hour is not a good sign in
democratic principles, especially in a parliamentary democracy.
• Reduced Space for Opposition: The rest of the business of the Houses was tightly
controlled and set by the government, leaving only Question Hour to hold the
• Lacks Consensus: The move to suspend Question Hour due to pandemic and to find
alternate options was not discussed with leaders of political parties and groups
• Bad Precedence: Parliament is the beacon of legislative functioning and its
functioning will set the precedent for Vidhan Sabhas to follow in the future.
Therefore , being largest democracy of world , it is the moral duty of ruling party to
strengthen democratic processes & mechanism by creating more space for public
discussions, parliamentary debates and strengthening existing tools like Question hour ,
The parliament being the face of representative democracy , plays a pivotal role in insuring
the peoples rule by means of discussion, debates, legislation or any changes to existing
laws for maximum good. But, this role of parliament has been declining in recent sessions .
The declining role of parliament can be assessed as –
• Decline in the number of sittings in the Parliament. According to PRS Legislative
Research in 2012, Lok Sabha seat for only 74 days compared to the 127 days in
1950s. The 16th loksabha to sat 137 days compared to its full term.
• Decline in duration of budget session. During 16th Loksabha, even though it spent
50 days. On budget, session and 30 hours more than that of 14th &15th Lok Sabha,
the questions are declined and 83% of budget was passed without any discussion.
• growing in number of ordinance in the last 4 years, over 35 ordinances have been
• Role of parliamentary committee is seen narrowing as example in 16th loksabha
only 26% of bills have been referred to the parliament committee
• Introduction of Bills in house without any motion in some of the cases, related rule
and procedure for introduction of bill in house were ignored. ( rule 69 was
• Decrease in number of question being answered by Minister and attended by many
less Member of parliament.
Reason behind such decline –
• Complete majority of the ruling party reduces role Of opposition and opposition to
have been Incapable to raise their voice.
• Growth of Delegated legislation
• Absence of inner party democracy.
• Criminalisation of politics according to ADR In 2004 24% of Member of Parliament
were having criminal cases pending against them. this number have been increased
to 43% in 2019.
But in a broader manner, if it is seen, then the rule of Parliament has been increased
instead of declining as –
• Passing of bills through Rules of Procedure is continued as example in 16th
loksabha out of 273 bills introduced in Parliament 240 were passed and 10 bill
withdrawn and 23 remain pending.
• Question stills being answered as in 16th Loksabha 171 MPs asked 251 questions
related to farmers suicide, health, family and welfare etcetera and they received
• The average attendance of MPs in Lok Sabha was 81% and in Rajya Sabha it was
80% which was significant increase since last Lok Sabha.
Even though the role of Parliament declined or increased is a debatable issue, but there
are some Major Problems which should be Tackled as –
• Legislative impact assessment for wider awareness and subsequently legal
assessment in various socio economic and administrative part.
• Strengthening role of opposition by making opposition leader as a part of
• India needs parliamentary Budget Office similar to the US Congressional Budget
Office to conduct technical and objective analysis of the bill.
Hence, to achieve maximum good there is need to insure vibrant, free and
Democratic practices to guide and further strengthen parliamentary role in
strengthening democracy, Without any compromising move by any ruling
government or party in majority.
The Constitution of India provides for a parliamentary form of government in the states as well as in the
centre. Consequently, the governor has been made only a nominal executive of state as he has to act on,
add an advice of Council of Minister of State.
In estimating, the constitutional position of governor, the particular reference has to be made to the
provision of Art 154, 163 & 164. These are –
a) Article 154. It vests Executive Authority’s in the governor and salary exercised by him, either
directly or indirectly, through subordinate officers.
b) Article 163 their Shall be Council of Minister to add advise the governor of his function, except
in his discretion.
c) Article 164 The Council of Ministers shall be collectively responsible to the Legislative Assembly.
Similarly, president’s constitutional position is with respect to the Articles 53, 74 and 75, which provides
him the executive powers & Council of minister’s add and advice and collective responsibility to the LokSabha.
But still the constitutional position of governor differs from president into aspects.
• While the Constitution envisages the possibility to the governor acting in his times in his
discretion, no such possibility has been in envisages for president.
• After the 42nd Constitutional Amendment Act 1976, ministerial advice has been made pointing
on the president, but no such provision has been made with respect to the governor.
• The constitutional discretion. The governor has constitutional discussion under Article 200.
While presidents didn’t have. The governor can.
a) Reserve a bill for consideration of president.
b) Recommendation for the imposition of presidents rule in state.
c) Again, while exercising his function as administrator of an adjoining union territory.
d) Determining the amount payable by the government of Assam, Meghalaya, Tripura and
Mizoram to an autonomous tribal district councils, as royality occurring from licence for
e) Seeking information from Chief Minister with regard to the administrative and
legislative matter manners of state.
Thus , in Indian federal system governor’s position is important as he is constitutional head of state as
well as the representative of the centre.
The Ordinance making power of president under Article 123 of constitution is most important
legislative power. It can be promulgated due to recess of parliament because it has same power & effect
as act of parliament has. But this power some time being used for bypassing the parliamentary scrutiny
which maligns its true spirit.
Limitation in Ordinance making power of Prez. –
The exercise of this power during the recess of Parliament has limitations such as –
a) He can promulgate an ordinances only when both House of Parliament are not in session. Or
one of 2 Houses of Parliament is not in session.
b) It is not a parallel of legislation.
c) He can make ordinances only when he is satisfied that the circumstances exist. That rendered it
necessary for him to take an immediate action.
d) In Cooper case 1970, the Supreme Court held that the president satisfaction comes under
judicial review on ground of malaise intentions.
e) His ordines making power is coexist , with all matters except Duration with law making Power of
• Ordinate can be issued only on those subjects on which element can make laws.
• An audience cannot a bridge or to take away any of fundamental rights.
He can withdraw ordinances at any time, however it is not a discretionary power and he can promulgate
or withdraw an ordinance only on the advice of Council of minister headed Prime Minister.
Despite such constitutional provisions, it was seen that the ordines making power is being misused and
deviated from its true spirit because
• The separation of power under Article 50 confirmed as basic structure of Constitution is violated
by ordinance rendering.
• It bypasses the deliberation and discussion done in the Parliament, which provides a true
credibility of people to the concerned Law. Ordinances are Undemocratic path of law making.
• With debates and cooperation & proper scrutiny, the untouched aspects can also be included in
law. But these kind of corrections are missing in Ordinance.
• When ordinances are used frequently, they violates spirit of constitution in DC Wadhwa vs state
of Bihar case, Supreme Court strongly condemned this practice and called it constitutional
Thus, to insure continuity in policy framing & its implementation , ordinance making power is a
constitutional tool for democratic functioning.
since its inception in 1950, Judiciary has played an important role in interpreting and in protecting the
Constitution. To ensure rule of law and supremacy of law, an independent judiciary is created in India by
Independent judiciary. It is the organ of the government which is a neutral, transparent and fair judicial
system and which can take its decision without any interference from other two organs – legislative and
• in Kesavananda Bharati case 1973 judgement highlighted the importance of Such dependence
as it provides check and balances in the political democracy – as under article 13 judiciary keep a
check on executive
The importance of independent judiciary.
• To uphold accountability principle through judicial activism and judicial review under Article 32.
• Constitutional basic structure remain intact during any Constitution amendment by Parliament
as fundamental rights related amendments or 99th Constitution amendment Act shutdown, or it
was unconstitutional over collegium.
• Rule of law. For maintaining rule of law and equality, independent judiciary is important.
• protection of individual right – To provide equal Justice as recent Sabarimala verdict allowing
women to enter temple independent judiciary is important.
• Prevent arbitrary act if it causes injury to any person.
• Free and fair election, it insures adult franchise and plays an important role in dispute regarding
election with respect to President, Vice President, Parliament and state elections.
Thus, constitution makers made provision regarding independence of judiciary to rule out any possibility
of outcry and insure Democratic principle such as –
• Mode of appointment. Any interference by legislature or executive is barred. Coliseum
recommends name and president appoints judges of higher judiciary.
• Security of tenure. As they can be removed from office only by president on impeachment
motion & yet no judge of Supreme Court has been impeached so far.
• Fixed service condition. the salaries, allowances, privileges, pension are determined by
parliament from time to time and can’t be changed
• Expenses charged on Consolidated Fund of India. These expenses are non-votable by
• Conduct of judges can’t be discussed. Unless the motion for removal is taken into the
consideration, the conduct of judges can’t be discussed in any house.
• Ban on practice after retirement. To ensure that they do not favour any hope for future Favour.
• Power to punish for its contempt. To maintain its authority, dignity and honour, it has the
power to punish for the contempt.
• Freedom to appoint its staff. As Chief Justice of India is full sole responsible for appointing its
staff and servants for Supreme Court.
Thus as remarked by Supreme Court in case of SP Gupta versus Union of India, the concept of
independent judiciary inspires the constitutional schemes and can constitute the foundation on
which the edifies of our Democratic polity rests.
As Dr Ambedkar mentioned, Indian Constitution has avoided tight mode of federalism and could be
both unitary as well as federal according to the requirement of time and circumstances such as
Federal government. The federal government is one in which the power are divided between the
national government and state government by constitution itself, and both operate in the respective
jurisdiction in dependently.
• Indian type of federalism is holding together federalism.
Indian model of federalism.
The Constitution of India does not mention India as a Federation but Union of States. The features of
federalism in constant India are as follows.
• Supremacy of the constitution- Constitution is the Supreme law in India and the laws in
acted by the centre and states must confirm to its provision.
• Dual polity – Constitution establishes dual polity, consisting union at the centre and states
at the periphery by dividing subject in Union State and concurrent list.
• Written constitution it is not only written but also lengthiest in the world as it specifies the
structure, organization, power and function of both state and union government and avoids
• Independent judiciary – To protect supremacy of constitution and to settle the disputes
between centre & States and between States there is a provision for independent judiciary.
• Division of power – The powers are divided between centre and state and residual powers
• Rigid constitution. The method of amendment is rigid and those features of federal
character requires joint action by both centre and state.
• Bicameralism to maintain federal equilibrium by protecting the interest of state against the
undo inference of centre.
Thus, Constitution makers gave condition, constitution strong federal character but at
certain time it performs unitary such as.
• During emergency. Indian Constitution wests more power at the parliament than state with
respect to national and financial emergency or presidents rule under Article 352, Article 360
and Article 356 respectively. This is to maintain national integrity and Prevent any problem .
• In matter of international treaty. As seen in case of 100th Constitution Amendment Act,
when land was transferred to Bangladesh requiring unitary action as state may possible
would not agree to it. Hence Indian Constitution comprises unitary action when it is dealing
with international treaties.
• Integrated judiciary for insuring equal justice and avoid any fraudulent practices. The
provision is for integrated judiciary.
• Single government or strong centre – To maintain balance and hold together all states.
Thus, as marked by Supreme Court in case of state of West Bengal versus Union of
India, 1962, the Indian Constitution does not provide for absolute federalism. It provides to
decentralise the authority so that the large territory of India can be governed efficiently.
Highlighting the need of change in present election process, the Prime Minister of India
recently suggested One nation, one election, which is about stretch structuring Indian
election cycle and synchronising elections to Lok Sabha and state assemblies together.
In the past, India held election for assembly as well as Lok Sabha from 1951-52 till
1967 and can continue to hold such election in present context as its advantages are.
• Bringing transparency and enhancing the mechanism to keep check on the pool
expenses, party expenses as example in 1951-52 election of Lok Sabha 53 parties
who expended 11 cr. Only & In 2019, general election 610 political partie’s Pool
expenses was 60,000 cr. As per report.
• It will save public money as one election will be there and reduce burden of
administrative setup and related expenses.
• The security forces will be placed from one time, there by reducing stress on them
and can focus on their internal security related issues.
• It will help in insuring timely implementation of government policies as an
administrative authority’s time on election in will be saved.
• The voters will be able to just focus on the policy and programmes of the
government both at the central and state level, and to insure accountability of
• It will also strengthen governance overall as ruling party would less likely impact
the result of next election, which is often the case.
Despite these advantages, its implementation is challenging and have certain
demerits such as.
• In order to implement it, there is need for constitutional amendments as –
❖ Article 83 provides tenure of lok sabha and rajya sabha and article 172
provides tenure of state legislative assemblies
❖ representation of people act 1951 which cover conduct of election
❖ the dissolution power would required to be revised as president has power
to resolve lok sabha and government governors to state assemblies
• It would possibly threaten federal character of are democracy.
❖ As regional pokers me fail to gain promising. Position or large partners
would benefit most. It is against constitutional fabric of India.
• Logistic challenges. To conduct election on such large scale nationwide. The
requirement of VVPAT and EVM will be doubled.
• It is difficult to find consensus among all parties to go on one election.
Thus, “one election, One Nation” would be a good structural change in electoral process
as it would be carried out with proper execution of policies and rules and through popular
consensus among all political parties and it will save public money and reduce the waste of
energy of frequently conducting elections as one part or other
Recently, the Election Commission of India, the pool watchdog Approaches Law
Ministry to approve pre-measures to give it more power by means of empowering it to
– deregister political parties & baring the contestant to run election on seats.
Election Commission of India is a autonomous constitutional body responsible for
administrating union and state election process along with presidential and vice
presidential elections. Under Article 324 – 329 of Constitution deals with power,
function, eligibility Of Commission and its member.
Need for more power to Election Commission of India?
• At present Election Commission of India can only to registered political parties
and does not confer any power to De-register in case of fraudulent parties.
• The power in case of violation of model code of conduct are less as such matter
are dealt by judiciary.
• There is less constitutional protection to its member or compared to Chief
Election Commissioner as he is removed on similar line as that to the Supreme
• Election Commission of India, has failed in checking the growing criminalization
of politics and influence of money.
• Election Commission is not adequately equipped to deregulated the political
parties as Election Commission has no power in forcing party democracy and
regulation of all party financing.
Thus, this calls for more power to Election Commission of India to conduct free and fair
Why need reforms in electoral process?
• To decrease the criminalization of power politics. As example, 30% of elected MP
or 62 Member of Lok Sabha out of 543 members have criminal cases against them
and 14% of the member have serious criminal cases.
• To stop the misuse of government machineries. And free them to work for policy
and scheme implementation.
• To reduce money and muscle power to Contribute in fair election process.
• To adopt the emerging new technology with modern day method need for use of
technology & further reform election process.
Thus, there is a need to bring legislation by Parliament to insure transparency and need for
reform due to such flaws
Reforms in election process.
• Our system of first past the post should be changed to the same variant of
proportional representation system.
• There should be a special provision to ensure that at least 1/3 women are elected
to the Parliament and assemblies.
• There should be a strict provision to control the role of money in electoral politics.
• Criminalisation of politics and such candidates to be barred from contesting
elections. As in Public Interest Foundation versus Union of India 2018 Case
Supreme Court asked for Parliament to frame law on it.
• There should be complete ban on use of cast and religion politics which is
promoted in todays election assemblies.
• They should be a lot to regulate the functioning of political parties and to insure
that they function in a transparent and Democratic manner.
Thus, election process need to be fair and free as it create foundation and also strengthen
The democracy. The use of EVM , VVPAT & recent call for One Nation, one election, are
some reforms which are considered or yet to be considered. As advised by 255th
Commission report said that by means of legislative procedure reforms to Election
Commission of India is need of hour.
Fundamental duties inculcated in Constitution by 42nd Constitution Amendment Under part
IV A & Article 51 A of the Constitution on swarn Singh committee’s recommendation
inspired by former USSR , making India one of few countries in major democracy to have it.
Ideas behind fundamental duty.
• To make citizen conscious about duties, they need to perform along with enjoyment
• Fundamental duties provide specified code of action for the citizens.
• Fundamental duties stresses on importance of the Constitution, national flag and
national anthem and expect people to maintain that dignity of same.
• Cherishing Noble ideas of nations freedom struggle upholding sovereignty and
integrity of nation and promoting harmony and Brotherhood are some of the
important features which were missing from Constitution got identified under
• Fundamental duties are unique in Constitution, incorporating various ideas from
preserving rich heritage and composite culture, natural environment to scientific
temper , importance of our roots in the past and keeping pace with fast changing
Relevance of fundamental duties in today’s India.
• Fundamental duties embodies the principle of responsible citizenship required for
countries development and growth as – USA and Singapore are classical example of
the same. By emphasize on pursuits of duty they have marked the path of
• Article 51 A(e) seeks to promote harmony and spirit of Brotherhood in Country
Which suffers from communal violence and riots.
• During severe climate change problem and pollution Article 51 A(g) talks about
safeguarding environment and wildlife.
• At the same time of growing Intolerance, Article 51 A(f) reflect the idea of
• Justice Verma Committee on 1998 was appointed to operationalize the suggestions
to teach fundamental duties.
Many constitution provisions of 42nd Constitution Amendment Act were reverse by 43rd
and 44th Constitution Amendment But fundamental Right survived- itself is the evidence of
its relevance in present time.
Even though their relevance is established but also criticism of fundamental duties persist.
As CK Daphatry , former attorney General oppose the fundamental duties, saying that
citizens are law abiding and there is no need to tell them. He argued that as long as
people are satisfied and contented, they willing perform the duty.
The doctrine of basic structure of constitution which reinforce superior position of
constitution over legislative power, which itself has not been mentioned in Constitution but
developed over the year by judiciary to limit governments Legislative and amenability
Emergence of basic structure of constitution and controversy about amenability of
• In Sankari Prasad case, 1951 Court rule that Article 368 also include power to
amend the fundamental Rights and hence parliaments power kept above the
• But in Golak Nath case, 1967 Supreme Court r reversed its earlier stand and
fundamental rights were given transcendental and immutable position to which
Parliament reacted by 24th Amendment Act.
• In Kesavananda Bharati case, Supreme Court upheld 24th Constitution Amendment
Act and Power of Parliament to amend any fundamental right. At the same time laid
down a new doctrine of basic structure of constitution.
• The doctrine of basic Structure of Constitution was reaffirmed and applied in Indira
Nehru Gandhi case 1975, invalidating 39th Constitutional Amendment.
• Over the year with Supreme Court judgment, like Minerva Mill case 1980, Waman
Rao case 1981- Scope of basic structure got wider and wider and various element
• Elements of basic structure includes.
❖ Supremacy of constitution.
❖ sovereignty and Republic nature and secular characteristic.
❖ Separation of power, Federal character, unity Integrity of nation , welfare
state , judicial review ,Parliamentary System rule of law, Principle of equality ,
free and fair election, dependence of judiciary etc.
Even though very frequent constitution amendments are taking place, to preserve the core
idea of India enshrined in constitution is necessary. Hence – Basic structure doctrine
preserve constitution and torches the formulators .
While hearing a petition on reservation, the Supreme Court stated that – Reservation is
neither a fundamental right and nor the duty of state. However, government is still under
obligation to perform reservation for vulnerable section of society so as to maintain the
balance between social mobility and merit.
In context of reservation, there are several provisions in signed in Indian constitutions
Constitution Amendment Act 2019 provides 10% reservation in
government, job and educational institutions for economically weaker section of
• The fundamental rights under Article 15(4) and 16(4) of Constitution enabled the
state and Central government to reserve seats in government services for member
of SC St.
• Article 330 and 332 provides for specific representation through reservation of
seats for SCs and STs in the Parliament and in the State Legislative Assemblies
• Article 243D provides reservation of seats for SCs and STs in every Panchayat.
• Article 233T provides reservation of seats for SCs and STs in every Municipality.
• Part XVI Of constitutions deals with reservation of sea and St in central and state
• The 77th
Constitution Amendment Act of 1995 inserted new clause in Article 16.
To enable the government to provide reservation in promotion which Was
amended. By 85th Constitution Amendment Act of 2001. To provide consequential
seniority to SC/ST.
Article 335 of the constitution says that the claims of STs and STs shall be taken into
consideration constituently with the maintenance of efficacy of the administration. It is
• Caste based discrimination. After 70 year of independence. The caste based
discrimination persist in society. So to correct the historical injustice existing in the
present form, it is required.
• To provide level playing field. For the social mobility of deprived section, a level
playing field is created by reservation, giving them adequate opportunities.
• Equality – . To insure. The equality as basis of meritocracy, as all people must be
brought to the same level before judging them on basis of merit.
• Even though meritocracy is often question, but many of. Institutes hire
professional, not on cost but on merit. So in order to reach to a label of
competing with other students or competitors.
Thus reservation which is positive discrimination shall be given to needy and eligible
people with proper identification of beneficiary so as to achieve fine balance between
social mobility and merit.
As described by Dr Ambedkar, Directive principle of state policy are novel features of
Indian Constitution – as they enshrines the ideals of socio economic welfare state and
imbibe ideas of Gandhian, liberal and socialist thinking without making special
However DPSP are classified into 3 broad categories.
Socialist ideals – the socialist ideologies are well explained in Art 38, 39, 39A, 41, 42,
• Minimising inequality by providing social economic & political justice ( art 38)
• To secure adequate livelihood & provide equal wages ( art 39)
• To provide equal justice ( art 39A ) & also provide right to work ( art 41)
• For improving condition of women & children many provision like – art 39
provides opportunities for healthy development of children & maternity relief
under art 42.
Gandhian Principles: the DPSP also enshrined the idea of swaraj , self dependent village
,provision for education of deprived and cow protection which is Based on Gandhian
• Organizing village panchayat (art 40) an promotion of cottage industry ( art 43)
• Under Art 46 education of SC / ST & weaker section are promised
• Under art 48 slaughter of cows, calves and other milch and drought cattle are
Liberal-Intellectual Principles: These principles represent the ideology of liberalism and
direct the state to secure uniform civil code ( art 44) , early childhood care ( art 45),
promotion of scientific ideas ( art 48), improve the environment and to safeguard forests
and wildlife. (Art 48A) etc. are given.
Since , the blending of these different principle was holding a common interest as –
• It aimed at realising the high ideals of justice liberty , fraternity as highlighted in
preamble of constitution.
• To present a welfare state for people of India by establishing economical and
• They are fundamental in governance and each government should seek guidance
• They should help the court in guiding & examining the validity of law.
But after the 70 year of democratic rule in India, this section of constitution, which holds
high ideals and concept of welfare state, always faces criticism because –
• They failed to deliver their purpose because They’re advisory and non just table in
nature. And state is not bound to implement them, unlike fundamental rights.
• Illogically arranged. Because it mixes unimportant issues with the most vital
economic and social questions, and mostly lags scientific basis, rather guided by
sentiment and prejudice.
• Conservative in nature. Dpsp by their socio-economic measure seem to be unfit in
addressing the 21st century goals and needs of people.
• Constitutionally conflicting. As the power are divided between centre and state on
various subject. DPSP failed to demarcate the boundary and areas of power to
fulfill their provision.
thus DPSP, Which is yet seen as instrument of instructions as arranged in Government of
India Act of 1935, irrespective of their criticism, have proved to be useful in felicitating
stability and continuity in democracy by addressing various socio-economic needs and
guiding state t
Recently, Jammu & Kashmir State was bifurcated into 2 UT’s, Jammu and Kashmir and
Ladakh, while Daman & Diu and Dadra & Nagar Haveli subsumed.
• Union territories show case the symmetric federalism present in the India. Due
to its geographical, cultural, historical and economical factors demand. A
symmetric provisions and administration.
The constitutional provision regarding Union territory is explained in Article one of Indian
Constitution which describes there are 3 categories of territories One of them Bing Union
territory, however, UT’s were created by 7th Constitutional Amendment Act and State
Reorganisation Act 1956.
Administration of Union territories – is done under Art 239 to 241 in part VIII of the
constitution and there is no uniformity in Administrative system.
Creation of Union territory depends on various factors.
• Political and administrative Reasons: Union Territory can be created for Political and
administrative reason to ensure better governance. E.g. Delhi and Chandigarh. As
Delhi & Chandigarh falls in purview of dual government as central and states.
• Cultural distinctiveness: UTs are created to conserve and secure culture of a region
distinctive from surrounding state. Puducherry, Dadra and Nagar Haveli, and Daman
and Diu were created due to these reasons.
• Strategic importance: Due to location and international borders, some areas are
important strategically and for security of India. Andaman and Nicobar Islands and
Lakshadweep and now Ladakh and Jammu & Kashmir are created Due to
• Special treatment and care of the backward and tribal people: Many UTs were
created due to special needs and to secure benefits and rights to tribal people.
Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states were
created due to these reasons.
Difference between Union Territory & State
States Union territories
administration States are administrative
units ruled by their own
UTs are administrative units ruled directly
by the central government through an
In states President can
exercise control through
special provisions of
President rule with
In UTs the President of India has power
to control the administrative directly
government The state government are
elected by people of states
and they are responsible
for 7th schedule’s State List
They exceptionally have elected
government else they are administered
by appointed lieutenant governor.
Relationship with the
Centre is Federal.
Relationship with Centre is Unitary with
all the powers rests in the hands of
state have legislative
assembly which may be
bicameral or not but they
have legislative assembly.
The Ministry of Home Affairs at the
Centre is the nodal ministry for all
matters related to Union Territories
relating to legislation, finance and
budget, services and appointment of
Recently, the Citizenship (Amendment) Bill, 2019 seeks to ease norms for religious
minorities from neighbouring nations to get Indian citizenship by amending age-old
Citizenship Act, 1955. Since citizenship is legal right which belongs to citizen of that
country hence any changes in citizenship adheres strong response towards administration.
The amendment has been criticised for instilling fear among many that it will result in
demographic change due to immigration.
View of Citizenship Amendment Act through Communal prism & Art – 14 –
• Singling out of one particular religion: Citizen Amendment act provisioned
citizenship for non-Muslim persecuted illegal migrants from select Neighbourhood
countries like Afghanistan, Pakistan and Bangladesh.
• Fear of Nationwide NRC- National registration of citizen which might make many
Indians stateless due insufficient documents or else. While, people of communities
mentioned in CAA might become citizen again by CAA while Muslims who could not
prove citizenship might be labelled as foreigner. CAA is not creating panic, fear or
anxiety alone but its execution along with nationwide NRC- National register of
• Violation of Right to Equality under article 14: Article 14 of the Constitution
guarantees equality to all persons, citizens and foreigners, differentiating between
people on the grounds of religion would be in violation of the constitution. The Bill
makes illegal migrants eligible for citizenship on the basis of religion. This may violate
Article 14 of the Constitution which guarantees right to equality. The bill violates the
Right to Equality (Article 14) as it seeks to grant citizenships to illegal migrants on
the basis of religion. It fails the test of reasonability contained in Article 14. This is
because it does not provide any concrete reasons for limiting eligibility of citizenship
to 6 minorities of only 3 countries.
• Positive Secularism is basic feature of Indian constitution which is based on the equal
treatment to all the religions from the state. Religious test to policy decisions makes
it discriminatory at face value.
• Continued demonization of Bangladeshi citizens and Indian politician’s repeated
vows to send back people left out of NRC to their respected countries pointed
towards Bangladesh makes it easier for scholars to call it communal.
• The Afghans, too, have been displeased by the fact that the CAA portrays them as a
country where minorities face discrimination and persecution.
Inappropriate to see through communal prism:
• Not applied to Indian citizen – The CAA does not apply to Indian citizens. They
are completely unaffected by it. It seeks to grant Indian citizenship to particular
foreigners who have suffered persecution on grounds of their religion in three
• Similar Mechanism already exist – since the last six years, approximately 2830
Pakistani citizens, 912 Afghani citizens, and 172 Bangladeshi citizens have been
given Indian citizenship. Hundreds of them are from the majority community of
these three countries. Such migrants continue to get Indian citizenship and shall
also continue to get it if they fulfil the eligibility conditions
• Passed with proper scrutiny & process – It was cleared by a 30-member
Parliamentary Committee consisting of Lok Sabha and Rajya Sabha members after
• Specific region is highlighted – It seeks to accommodate minorities who face
religious persecution in their own nations (three specific neighbours, not the
entire world) and have been forced to seek shelter in India to preserve their faith.
• In past similar provision have been made – Similar provision have been made by
Govt. of India in the past also to accommodate the concerns of stay and
citizenship of foreigners of Indian origin who had to flee to India. For example,
Article 6 of The Constitution of India provides that a person who has migrated to
India from Pakistan before 19th July 1948 shall be deemed to be an Indian
• Not Targeting any community – The CAA does not target any religious community
from abroad. It only provides a mechanism for some migrants who may otherwise
have been called “illegal” depriving them of the opportunity to apply for Indian
citizenship provided they meet certain conditions.
• Prescribes mechanism – The Central Government will frame rules to operationalize
the provisions of the CAA. No migrant from these communities will become an
Indian Citizen automatically
• Protecting rights of tribal – The CAA protects the interests of the tribal and
indigenous people of the North-Eastern region by excluding areas under the Sixth
Schedule of the Constitution and areas covered by the Inner line Permit system.
Such migrants living in these areas will not be able to apply for Indian citizens.
It is worth noting that the CAA does not prevent Muslims from applying from Indian
citizenship. Muslims facing religious persecution in their own nations may still apply for
naturalized citizenship and their cases may be considered.
It opts for positive discrimination hence may not violate Article 14 of the constitution. It has
provided benefits of protection of tribal culture to the Arunachal Pradesh, Nagaland,
Mizoram and Manipur to be added soon in Inner line permit and schedule six areas to restrict
flow of illegal migrants who newly acquired citizenship.
The concept of justice is as old as origin and growth of human society. The constitutions
maker imbibed the value of justice into preamble, which provides Justice, ace, social
economical, and Political, which are part and parcel of doctrine of distributive justice.
Preamble of Indian constitution Guarantees that justice. The term justice in preamble in
braces 3 distinct forms social, economical and political. And secured through various
provisions. Provisions of fundamental rights, dpsp and other parts.
• Social justice. Term social justice denotes equal treatment of all citizens without any
social distinctions based on caste, colour, reach, religion or sex. There are many
provisions related to social justice As –
❖ Article 15 of Indian Constitution provides for the provision of discrimination
on the grounds as mentioned above and Article 17 provides for permission
❖ Article 366 and other related to Safeguard the rights of Schedule, Caste and
Scheduled Tribes people.
❖ Schedule 11 and 12 also inhibits social justice by providing reservation to
SC St and Women.
❖ In pursuance of Article 21A the Parliament enacted, the right of children’s to
free and Compulsory Education Act 2009.
❖ Maternity Benefit Act of 1961 and Equal Remuneration Act of 1976 have
been made to protect the interest of Women as mentioned under DPSL.
• Economic justice. The term economic justice denotes the non discrimination
between people on basis of economic factors. In the constitutions, many articles are
to reserve economic justice as-.
❖ Article 38 and 41 of Directive principle of state policy provides for equal
opportunities to all.
❖ Article 39 B and 39 see. Are basic for economic justice.
❖ Article 43 of Dpsp directs for equal wages and better working condition.
• Political justice – It ensures that all citizens should have equal political rights as
equal access to all political offices and equal voices in the government to safeguard
this justice. There are certain provisions in constitution of India as –
❖ The right to vote is political right. And The right to vote is based on adults
❖ Reservation to the backward classes in Lok Sabha and legislative Assemblies
under Article 330 and 332, respectively.
❖ Making Election Commission of India an constitutional body Which means for
free and fair elections. And preserves the right of Political justice of the
This, within such constitutional safeguards and provisions at place India, aimed to insure
the equal rights to all. But still there are social issues, which raises the questions on Idea
• Social discrimination based on caste, religion. Gender is still persist in the society.
As example recent triple Talaq case or issue of untouchability and atrocities cases in
• Economic inequalities are also Prevailing as per Recent Oxfam is report of 2019.
Tells top 10% of Indian population hold 77% of total national wealth.
❖ Women workforce participation is low as only 27.4% of women a part of
workforce and paid 34% less than men as per global gender report of
❖ Women comprise over 42% of agriculture Labour, yet they move one less
than 2% off its farm land. As per HDS survey.
• Political inequality. The political leadership has been more the less bored on
kingship and not all sections are represented equally.
❖ Legal justice with Legal Service Act through provisions made for free legal
aid. Still many suffers and failed to reach Judiciary to seek justice.
❖ Equal representation is yet lagging as women is still represent less in
Parliament and received only 33% of reservation, not 50%.
❖ Participative governance is still a distant dream in policy formulation.
As per above mentioned cases, the ideals like justice need to be strengthened to empower
masses to build a better future of India. But we can say. We are an right path of inclusive
society because we started from zero and we are here.
The Constitution of India is the longest written constitution of any independent country in
the world. However, the Indian Constitution is known as a bag of borrowings for its varied
sources of many features. Which can be analysed as.
❖ From Government of India Act of 1935 – Federal schemes, judiciary, public services
and emergency provisions were taken.
❖ While from British constitutions the citizenship, Post of Prime Minister, Parliament
form of Government , post of Speaker of Lok Sabha and Rule of law etc. are taken.
❖ Fundamental duties and ideal of justice like social, economical, and political are
taken from Russian constitution.
❖ From the French constitutions, India as a Republic and equality, Liberty and
Fraternity are taken.
❖ The concept of directive principle of state policies. Method of election of president
are taken from Ireland Constitution. Where as The president, as a nominal head was
taken from British Constitution.
❖ From South African constitution. The procedure for Amendment of Constitution and
election of members of Rajya Sabha etc. are taken.
❖ The strong centre, residual power embedded in centre, advisory jurisdiction of
Supreme Court etc. are taken from Canadian Constitution.
❖ Impeachment of President, Supreme Court, Provision of states, Function of
president and vice President, judicial review, fundamental rights, independence of
judiciary and preamble of Constitution etc. are taken from the United States of
❖ Other constitution like Australian Constitution, Constitution of Germany etc. also
taken into account and some provisions are also taken from there.
Despite the borrowed features in the Indian Constitution, it is a unique set of laws that
explain the structure and working of the Government of India And addressing the
problems related to India. As –
❖ The framers of the constitution made necessary modifications in the features
borrowed from other constitutions for their suitability to the Indian conditions, at
the same time avoiding their faults.
❖ It was codification if many existing laws and values into one document.
❖ Concepts of equality, Fraternity and Liberty, federalism, republic, democracy etc. all
were to be found in ancient Indian history and scriptures.
❖ It was never a blind borrowing. It was innovative borrowing.
❖ When western modernity began to interact with local cultural systems, something
like a hybrid culture began to emerge, possibly by creative adaptation. Thus, when
we were drafting our Constitution, efforts were made to amalgamate western and
traditional Indian values. It was a process of selective adaptation and not
❖ Its a result of strong brainstorming for 2years, 11 months and 18 days. They
studies many different constitutions of various nations but did not copy paste it.
They improvised every and every means any article you read as per the basis of
Our Constitution has indeed taken references from existing constitutions of the world, but
it has not borrowed the constitution as it exists. For example, US constitution envisages
Bill of Rights, while our Constitution envisages rights, as well as Fundamental Duties of all
citizens of India.
We have also taken a strong reference from British Constitution to constitute a sovereign
and parliamentarian system in India. However, there is no supreme king/queen in India,
and our President is the Head of State. He is also the supreme commander of armed
forces. There is no such provision in British Constitution.
Polity – Answers
the drafting committee in October 1947 stated as Article 1 (1) of the draft read: “As from
the date of commencement of this Constitution ‘India’ shall be a Federation.” But Working
on the draft, the drafting committee of the Constituent Assembly changed Article 1 in its
draft to read: “India shall be a Union of States.” It converted all references to Federation or
Federal to Union except references to Federal Court.
In India the basis of nature of relation between the national governance is not on
treaty or agreement between various unit to call it federation but yet though it has federal
India is not federation –
• No treaty or agreement for formation of federation of state.
• Strong centre , with overriding authority, residuary powers and more subjects in
• No territorial sovereignty to state as India is “an indestructible union of
• Single and flexible constitution with amendable power lies only with centre
• No equality of states representation in upper house.
• Control of centre over state through tools like emergency appointment of governor
All India services. We to overstate bills, etc.
• Integrated Integrated institutions like judiciary, audit machinery, election machinery
are also present showing centres head up.
Definite federal features.
• Division of power between centre and state are enshrined in constitution like art
248 , art 250 etc.
• The constitution of India is written and rigid in nature hence solely the Central
government can not make drastic changes in constitution, state’s approval is also
• The supremacy of constitution is provided over any other document.
• Constitution establishes a dual polity consisting the union at the centre and state
• The constitution establishes an independent judiciary headed by supreme court.
• Bicameral legislation consisting of upper house and lower house where rajyasabha
In 1983, the Sarkaria Commission emphasized co-operative federalism in India. It is a fact
that India has a strong Central government but it should not always try to interfere in the
matters of the States. Both the governments should respect one another’s power or
authority and work harmoniously.
India is unique among democracies in that constitutional rights and legal safeguard are in
place to eliminate social discrimination based on religion , caste and gender still
subjugation of people based on these identities continues which is unhealthy practices for
How these social differences unhealthy for democracy –
• Alienation from society – India’s caste system is deeply rooted in Indian society &
created vertical social hierarchical, which treat others low in status & inhumane at
large. Example – still untouchables not allowed in marriage or temple in many parts
• Factors behind caste based discrimination & its effects – caste endogamy as
marriage within caste , develops radical & orthodox behaviour thereby violate right
to life under art 21 of Indian constitution.
❖ Sense of caste prestige – seeds the feeling of superiority and violates
principles of Right to Equality as enshrined in constitution and raises
questions over democratic value of equality, liberty & fraternity.
❖ Believes in religious culture or off Jati Dharma – seeds of separatism &
democratic values like sovereignty and unity integrity gets violated with
• Based on religion – as India is a secular country, social division based on religious
identity is unhealthy for indian democracy because –
❖ Growing threats of fundamentalist and radicalism can direct young minds to
fall prey to acts like terrorist organisation as example – recent cases of ISIS
recruits from various parts of country.
❖ The religious discrimination – results in division of society thereby raising
threats to internal security e.g. increase in riots between Hindu – Muslims ,
Buddhist – Christians.
❖ The disturbance in social order thereby disturbing law and order over
different beliefs e.g. the issues of cow meat & division in opinion resulted
into mob lynching and chaos in society. Democratic principle of secularism &
tolerance towards other beliefs is being breached quiet often.
• Based on gender – India was one of those democracy which given women right to
vote in 1950, by acknowledging their equal role for future of country but still
discrimination & gender inequality persists in society. It is unhealthy to democracy
by means of
❖ Not equal representation in politics – India ranked 20th from bottom in terms
of representation in parliament & women turnout in general elections was
❖ Sexual violence – as a result of patriarchal mind-set weakens democracy e.g.
1 in 3 women have expanded some form of physical of sexual violence.
❖ Workforce participation is low as only 27.4% of women are parts of
workforce despite 48.5% of population.
Thus such division in society poses a serious threats to Indian Democracy & unhealthy for
The various measures by government to eliminate these issues are –
religion caste Gender
Constitutional provision –
Art 21 ( right to life ) Art
25 to 28 provides for no
place to discrimination
based on religion & right to
choose , practice etc.
Role of judiciary – supreme
court has struck down
orthodox religious practices
like Triple Talaq , Right to
Property for women heirs or
sabrimala temple entry
Schemes like – “ek bharat
shresth bharat” scheme
humari dharohar are
Art 14 , art 15 , art 17 , art
21 etc. are constitution
provision to eliminate caste
Judiciary – Played key role
in strucking down caste
based atrocities like
Atrocities prevention act
1989 and framed guideline
Art 14 , Art 15 & Art 21 –
are constitution provision.
Through judicial activism
like – Vishakha guideline
1997 , female genital
mutation case , has worked
towards achieving gender
Schemes – like KIRAN to
increase women scientist &
research contribution or
scheme like standup India –
making bonds within
society more strong to
increase unity among all
Schemes like “PM adarsh
gram yojana” or NITI Ayog’s
programme is reducing
backwardness of these
religion thereby eliminating
alienation & separatism &
startup India increasing
Thereby giving them equal
opportunity to eliminate
Thus , it is not only the legislation and executive process are required to work to weave
society into a common fabric but people themselves of large need to abide by humane &
constitutional democratic values to shape future of nation.
Democracy is a form of government in which power ultimately comes from the people.
Here people choose their rulers either through direct voting or through elected
representatives by voting which is based on adult franchise.
Essential elements of Democracy
• Freedom of speech and expression. The freedom of speech and expressing yourself
is main constituent of democracy.
• People participation. For a vibrant democracy, and to make democracy successful, it
is mandatory for all citizens to Participate in governance. The people participation
happens by voting in elections, primarily.
• Equality and justice. One of the main responsibility of a democracy is giving
impartial justice and equality to all. Without justice and equality, there could be no
basis for democracy.
• Respect for human rights. One of the main feature of democracy is respecting the
human rights & guarding people like Father.
Arguments in favour of Democracy
• A better government. A Democratic government is better government because it is
more accountable for people. And people exercise check and balances.
• Better decision making. As decision are largely guided by consensus, It passes
through tough scrutiny of Parliament Which reduces the chances of irregularity and
• Democracy provides a passage to deal with differences and conflicts. As in India –
zonal councils, where States and centre came together to discuss dispute , between
states or various pressure groups put forth demand and interest of subsequent
section while policy formulation.
• Democracy protect the dignity of citizen. As democracy is for the people by the
people, Hence it can be said that it cares for people as in India equal wages, Right
to life etc. provided under Democratic rule.
• Democracy is based on principle of political equality as Article 14 of the Indian
Constitution clearly states that the state/country shall not deny to any person
equality before the law or the equal protection of the laws within the territory of
• In the Democratic rules, mistake may happen. But democracy is better than other
form of government because it allows to correct it, own mistakes.
Even though democracy is considered the best form of government, still its criticism is
• Instability of government as leaders keep changing from time to time, Hence policy
• Democracy is all about political competition and power play. There is no scope for
morality as frequent change in leadership and rising coalition form of governments.
• Delay in policy framing & implementation. It is due to the reason that so many
people have to be consulted in a democracy which leads to delay.
• Since democracy works on maximum benefit to maximum people, but sometimes
decisions by leader leads to impeasement of one section or powerful section.
• Democracy leads to increase in corruption due to vote bank politics and electoral
• Persisting problem of poverty, social evils, social orthodoxy, and political evils.
Please look wit and clear in democracy but still persist despite democracy.
The democracy is important because it gives representation to a larger section of society in
the government. But the world still witness full democracies float democracies, hybrid
regimes, and even authoritarian regime etc. where rights of people are still to be
Constitutions are needed not only to limit wielders of existing power, but to empower
those traditionally reprieved of it. A constitution is the Supreme law of the country, or
empowers people to be Supreme that determines the relationship among peoples living in
a territory and limits power of government and empowers people through fundamental
Why do We need a constitution?
• Checking Tyranny – Constitution is not just any odd assortment of law and
institutions, but a framework of ground rules. That acts as a bulwark against the
tyrannical use of state powers to dominate and operate others.
• Protecting the interest of all section of society – To protect the interest of all
sections of society Under the Law of maximum benefit to maximum people the
Constitution is must.
• Prevents self harm. To protect everyone against human vulnerabilities in general.
Constitution provides a framework of law. It prevents people from any iniquity,
treatment or inhuman treatment and balance, and checks on legislative system to
prevent self harm.
• Enable power to do good- Constitution enable citizens to do certain things by
providing a moral framework for non violent social transformation and sets principle
for state to use power to do good.
As said by the Margret thatcher “Constitution have to be written on hearts, not just
paper.” Hence, there’s should be some guiding values to the Constitution.
The guiding values of Indian Constitution are as – The Indian Constitution is unique in both
speech and content. Several features of Indian constitution are largely borrowed from
other constitution from all around world but represented as we need. The guiding values
of Indian Constitution before constitutional makers
• Dream of Republic Nation and promise of the government by people and for the
people. For the idea of welfare state is reflected in constitutions.
• The wishing guiding values are installed end in preamble and fundamental rights
are as follows.
❖ We the people of India. It is the where constitution starts and draws power.
❖ Liberty and freedom. Under many articles includes fundamental rights as
right to freedom of speech and expression to form Association to move
freely and to practice any profession, etcetera.
❖ Equality. Right to equality under Article 14 to 18 guaranteed. Equality to all
people and prohibits any kind of discrimination on any ground of religion.
Reese caste, General place of birth, Cetera.
❖ Sovereign people have Supreme right to make decisions on internal as well
as external matters. No external power can dictate the Government of India.
❖ Secular. Citizens have complete freedom to follow any religion, but there is
no official religion of Government of India and government treats all religion,
beliefs and practices with equal respect.
❖ Republic the head of State is an elected person and not a hereditary
❖ Fraternity. All of a suit behaves as if we are members of same time family. No
one should treat a fellow citizen as inferior.
As said by Paul Thomas “No power on earth is greater than a mind and soul reawakened.
Our Constitution begins we the people, not us the politician”. Indian constitution tries to re
awaken mind and Soul by being flexible enough to give scope for amendment to ensure
these values are kept intact.
Mains – Polity
Impartial election process is most critical part in the effective functioning of
democracy. It strengthens and consolidates democratic values among citizens.
However democracy does not mean only elections and other processes related to it.
• Meaning of democracy can have various dimensions. However in primal sense,
it means rule of the people, by the people, for the people. The most symbolic
pronouncement of this is the periodic elections that take place. Moreover,
except for the emergency, India has never failed to conduct timely elections.
➢ The fervor and enthusiasm shown is no less than a festival, marking not
just the direct power in people’s hands but also, placing every adult
citizen on the same pedestal, with the same power. It is a reflection of
people’s choices; voter turn outs are a major indication of people’s
awareness and their interests in the democratic participation, it is a
measure of check and balances for political parties and lastly it is the
success of a nation standing on democratic principles.
• However, this becoming synonymous with the definition of democracy puts
the enormous responsibility (and blame) on the people (example – US
elections). It is this phenomenon that centers democracy only on the citizens
and not their representatives. Other pillars of democracy, the executive (which
works under the legislature) and the judiciary (that contains over-centralizing
powers) are majorly excluded in this understanding.
➢ Media, seldom held as the fourth pillar of democracy, is active
throughout, but has a special role to play during the elections – how
information, data and events are dispersed (surveys, bootlegging,
corruption, vote banks etc).
• After the elections, people who go in deep slumber and wait for the next
opportunity to make their decisions heard, and they suddenly become
➢ What we forget is that the other aspects synonymous with the
definition of democracy – rights, justice, equality, republic, secularism
(though being represented through elections) – remain mere words.
Example, the biggest source of grass-root democracy is Panchayati Raj
Instituions – but how many decisions are taken to strengthen and
attend to this form?
Hence, elections, just as other dimensions, are part of the democratic system. It is
only on them that the democratic structure stands, but their significance become s
insignificant the moment they are made symbolic.
The failure of the entire structure in many ways implies the need to strengthen other
dimensions that have significance throughout and not just after every 5 years. t
10th schedule more commonly known as the anti-defection law was inserted in the
Constitution in 1985 through 52nd constitutional amendment act. It lays down the
process by which legislators may be disqualified on grounds of defection by the Presiding
Officer of the legislature.
• A legislator is deemed to have defected if he either voluntarily gives up the
membership of his party or disobeys the directives of the party leadership on a
Need for Anti-defection law
• Corruption: Law seeks to prevent political defections which may be caused by the
lure of office or other similar considerations thus deterrent to reduce political
corruption and bribery.
• Political Stability: Due to the increasing phenomenon of coalition government, the
defection of a few individual legislators can cause a collapse of the government.
This can give rise to political instability for personal benefits.
• Party discipline: Political parties are important institutions in representative
democracies. An individual who contests on a party ticket is bound by its electoral
manifesto and broad political ideology. When these candidates get elected, political
propriety demands that they continue to support the party and its policies,
promoting party discipline.
Anti-defection law strengthening inner party democracy –
• The anti defection Law mandates party legislator to act according to the party whip.
• This act was brought in place in order to. Differ unpierced horse trading of
lawmakers for breaking the and making government by manipulating legislative
• Law seeks to prevent political defection, thereby insuring inner party democracy
and minimising corruption.
• It aims to provide political stability by means of keeping a check on members of
house after election.
• It helps to ensure party discipline which strengthen inner party democracy.
• It also gives a Monday mandate off 2/ 3rd transfer of legislator. Which enables the
inner party democracy to maintain a Democratic rule otherwise.
But contemporary political scenario vividly suggested that law has achieved very little in
terms of its original intention. That is why being criticised on the grounds of –
• Against freedom of speech and expression of legislators: It interferes with the
freedom of speech and expression of a legislator. A legislator is guaranteed this
freedom under various provisions of the Constitution. The anti-defection law curbs
this right by mandating that all members must vote strictly on party lines, and in
complete obedience to party whips. By doing this, it takes away the ability of a
legislator to vote according to his conscience.
• Prohibit dissents: It further prohibits voicing dissent against his party’s positions
and policies, except through intra-party debate. Prohibition against dissent may
undermine the role of Parliament as an effective check on the executive. Once a
whip is issued by the ruling party in such a House, there can be no dissent or
disapproval voiced by any of the members of the party having a majority. This may
have a deleterious impact on government accountability.
• No accountability of legislators to people: The anti-defection law breaks this
accountability link between the elected representative and the voter. Legislators can
now claim that they voted in a particular manner because their party required them
to do so. Their justification can be that they exercise no control over their vote and
therefore ought not to be held accountable for it.
• Role of Mp’s diminished in Parliament: The anti-defection law also considerably
diminishes the role of an MP in Parliament to that of a person who only follows
orders of the party whip.
In the case of Kihoto Hollohan vs Zachillhu, it was argued that the anti-defection law is
against freedom of speech, the right to dissent and the freedom of conscience. Supreme
Court ruled that the law is targeted at addressing unprincipled defections, which cannot be
protected under freedom of conscience or the right to dissent or intellectual freedom.
Thus this law has certain dysfunctional consequences however it is necessary in the
present era when dealing with political corruption is an important area of electoral reforms.
Mains – Polity
As a part of achieving Gandhi’s idea of Gram swraj, Panchayati Raj institutions were seen as a
gateway to the decentralization of political economical powers to the local government. There
was a series of efforts which finally resulted into constituting PRI and enactment of 73rd
Constitution Amendment Act of 1992 vesting constitutional statue to them.
• It is a system of rural self government in India. The local self government by means of
elected members from local areas to build democracy at gross root level.
• In present context. It is 3 tier. For example village panchayat, block level and district level
as well as 2 tier in some parts of India. Where middle or block label is missing.
The evolution of PRR system in India.
The history of PRI in India can be traced from Vedic era to modern Indian time.
• Vedic Era: In the old Sanskrit scriptures, word ‘Panchayatan’ has been mentioned which
means a group of five persons, including a spiritual man.
➢ In the Rigveda, there is a mention of Sabha, Samiti and Vidatha as local selfunits. These were the democratic bodies at the local level. The king used to get
the approval of these bodies regarding certain functions and decisions.
• Epic Era indicates the two great epic periods of India, that is, the Ramayana and the
Mahabharata. The study of Ramayana indicates that the administration