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 was divided into
two parts – Pur and Janpad or city and village. Self-government of a village finds ample
expression in the ‘Shanti Parva’ of the Mahabharata; in the Manu Smriti as well as in
Kautilya’s Arthashastra. As per the Mahabharata, over and above the village, there were
units of 10, 20, 100, and 1,000 village groups.
➢ ‘Gramik’ was the chief official of the village, ‘Dashap’ was the chief of ten
villages, Vinshya Adhipati, Shat Gram Adhyaksha and Shat Gram Pati were the
chiefs of 20, 100, and 1,000 villages, respectively.
➢ They collected the local taxes and were responsible for the defense of their
• Ancient Period: There is a mention of village panchayats in Kautilya’s Arthashastra. The
town was referred to as Pur and its chief was the Nagarik. Local bodies were free from
any royal interference.
➢ During the Mauryan and Post-Mauryan periods too, the headman, assisted by a
council of elders, continued to play a prominent role in the village life. The
system continued through the Gupta period, though there were certain changes
in the nomenclature, as the district official was known as the vishya pati and
the village headman was referred to as the grampati.
• Medieval Period: During the Sultanate period, the Sultans of Delhi divided their
kingdom into provinces called ‘Vilayat’. For the governance of a village, there were
three important officials – Mukkaddam for administration, Patwari for collection of
revenues, and Choudhrie for settling disputes with the help of the Panch. The villages
had sufficient powers as regards self governance in their territory.
• British Period: Under the British regime, village panchayats lost their autonomy and
became weak. It is only from the year 1870 that India saw the dawn of representative
➢ The famous Mayo’s resolution of 1870 gave impetus to the development of
local institutions by enlarging their powers and responsibilities.
➢ Following the footsteps of Mayo, Lord Rippon in 1882 provided the much
needed democratic framework to these institutions. All boards (then existing)
were mandated to have a two-thirds majority of non-officials who had to be
elected and the chairman of these bodies had to be from among the elected
non-officials.This is considered to be the Magna Carta of local democracy in
➢ Local self-government institutions received a boost with the appointment of
the Royal Commission on centralisation in 1907 under the Chairmanship of
➢ It is in this backdrop that the Montagu Chelmsford reforms of 1919 transferred
the subject of local government to the domain of the provinces.These
panchayats covered only a limited number of villages with limited functions and
due to organisational and fiscal constraints they did not become democratic and
vibrant institutions of local self government at the village level.
➢ However, by 1925, eight provinces had passed the Panchayat Acts and by 1926,
six native States had also passed panchayat laws. Local bodies were given more
powers and functions to impose taxes were reduced. But, the position of the
local self-government institutions remained unaffected.
• Post–Independence Period: After the Constitution came into force, Article 40 made a
mention of panchayats and Article 246 empowers the state legislature to legislate with
respect to any subject relating to local self-government.
➢ It was after much discussion among the supporters and opponents of the village
panchayat that the panchayats finally got a place for themselves in the
Constitution as Article 40 of the Directive Principles of State Policy.
➢ After independence, as a development initiative, India had implemented the
Community Development Programmes (CDP) on the eve of Gandhi Jayanti, the
2nd October, 1952 under the major influence of the Etawah Project undertaken
by the American expert, Albert Mayer. It encompassed almost all activities of
rural development which were to be implemented with the help of village
panchayats along with the participation of people.
➢ In 1953, the National Extension Service was also introduced as a prologue to
CDP. But the programme did not yield much result.
➢ There were various reasons for the failure of CDP like bureaucracy and excessive
politics, lack of people participation, lack of trained and qualified staff, and lack
of local bodies interest in implementing the CDP especially the village
➢ In 1957, the National Development Council constituted a committee headed by
Balwant Rai Mehta to look into the working of community development
programme. The team observed that the major reason for the failure of the CDP
was the lack of people’s participation.
❖ The committee suggested a three-tier PRIs, namely, Grama Panchayats
(GPs) at the village level, Panchayat Samiti (PSs) at the block level, and
Zilla Parishad (ZPs) at the district level.
➢ As a result of this scheme of democratic decentralization was launched in
Rajasthan on October 2, 1959.
➢ The appointment of the Ashok Mehta Committee in 1977 did bring new
thinking in the concepts and practice of the Panchayat Raj. The
committee recommended a two-tier Panchayat Raj institutional structure
consisting of Zilla Parishad and Mandal Panchayat.
➢ The most important among them are the Hanumantha Rao Committee
(1983), G.V.K. Rao Committee (1985), L.M.Singhvi Committee (1986) and the
Sarkaria Commission on Centre-State relations (1988), P.K. Thungan
Committee (1989) and Harlal Singh Kharra Committee (1990).
➢ The G.V.K. Rao Committee (1985) recommended making the “district” as the
basic unit of planning and also holding regular elections while
the L.M.Singhvi committee recommended providing more financial
resources and constitutional status to the panchayats to strengthen them.
➢ It was during the Prime Ministership of P.V.Narasimha Rao that a
comprehensive amendment was introduced in the form of the Constitution
72nd Amendment Bill in September 1991.
➢ 73rd and 74th Constitutional Amendments were passed by Parliament in
December, 1992. Through these amendments local self-governance was
introduced in rural and urban India.
The Acts came into force as the Constitution (73rd Amendment) Act, 1992 on April 24, 1993 and
the Constitution (74th Amendment) Act, 1992 on June 1, 1993.
Role of PESA in establishing the local self rule in Schedule area –
PESA is a law enacted by Government of India to cover the “Scheduled Areas”, which are not
covered in the 73rd Constitutional amendment.
• This particular act extends the provisions of Part IX to the Scheduled Areas of the
country. PESA brought powers further down to the Gram Sabha level.
It has further provided that the Gram Sabha or Panchayats at appropriate level shall have the
• To be consulted on matters of land acquisition and resettlement.
• Grant prospecting license for mining lease for minor minerals and concessions for such
• Planning and management of minor water bodies.
• The power to enforce prohibition or to regulate or restrict the sale and consumption of
• The ownership of minor forest produces.
• The power to prevent alienation of land and to restore any unlawfully alienated land of a
• The power to manage village markets.
• The power to exercise control over money lending to scheduled tribes.
While giving such wide-ranging powers to Gram Sabhas or Panchayats, PESA has further given an
added responsibility to States that they may endow Panchayats with powers and authority as
may be necessary to enable them to function as institutions of self-government.
Thus , Panchayati Raj institutions which are embodiment of democracy and participative
governance, can proved to be a key maker towards India’s March of New India and Self Reliant
India through a holistic change in the system.
Panchayati Raj Institutions plays a major role in Socio economic development of people at
grassroots level. By means of decentralised and participative approach by the center and state
Panchayati Raj institutions.
• They are an instrument for socio economic progress, have been in Existing, in India for a
long time in one form or another.
• However, it was only in 1992 on the recommendation of Gkv Rao and LM Singhvi
Committee. That, it was granted constitutional stature as local level of India’s federal
democracy to the 73rd Amendment Act of 1992.
• Primary objectives of PRI is to increase the Democratic participation to better articulate
local needs and prioritise and to insure a more efficient use of local resources along with
the greater accountability and transparency.
The role of Panchayati Raj institutions and its significance.
• Strengthening Democratic structure. The PRI system generally consist of 3 lavels, gram
panchayat village level, block panchayat or Panchayat samiti at the intermediate label
and Jila Panchayat as the district level. This scheme of PRI, increases the participative
form of governance and Democratic ideals of constitution.
• Effective and efficient planning. Nearly 2.5 lakh gram panchayat in the country have been
entrusted to provide basic services in the villages and plan for local economic
➢ Gram Sabha discusses the development work plan of Gram panchayat called
Gram Panchayat Development plan and the elected representatives execute the
plan formulation of GPDP improve efficiency of public services.
➢ Good governance insured as it involves local communities in the decision making
and issues are addressed at grassroots level.
➢ The bottom of approach is meant to reflect the needs of various stakeholders.
➢ Gram Sabha constitutions mentions that Gram Sabha exercise such power and
perform such function at the village level as the legislature of states maybe bylaw
➢ The decision taken by the Gram Sabha can’t be annulled by any other body except
The challenges with. Panchayat Raj institutions system.
• Lack of effective devolution. The local government is a state subject in the Constitution
and consequently the devolution of powers and authority to panchayat has been left to
the discretion of states.
• Insufficient grant of funds. The local bodies faces problem of inadequate from finance to
carry out various activities assigned to them.
• Issues of Sarpanch Pati where women rule in Panchayati Raj is subjected to gender bias
as an inequalities.
• Infrastructural challenges. Some of the gram panchayat do not have their own building
and less connected gram panchayat with the Internet activities.
• Interference by ruling party in state government as most of development activities are at
the help of states ruling party and their affiliations.
Hence, the panchayati Raj institutions can be strengthened by means of institutional backup
mechanism, fiscal federalism measures, and comprehensive and holistic training required to be
in place to attain gram Swaraj as advocate by Mahatma Gandhi.
Mains – Polity
National Human Rights Commission (NHRC) is a multi-member statutory body formed by
Protection of Human Rights Act, 1993 that seeks to protect rights to life, liberty, equality,
the dignity of an individual guaranteed by the Constitution and enforceable by courts in
NHRC as toothless tiger –
The Supreme Court of India has recently reiterated NHRC s own observations that it is a
toothless tiger. This was in light of the issue of extrajudicial killings in Manipur. The remark
was made due to the following lacunae in its functioning and composition:
In Functioning –
• The NHRC is a recommendatory body and does not have powers to prosecute a
human rights violation on its own or see that its recommendations are carried out.
It can only make recommendations for corrective actions and punishments to the
executive and judiciary respectively.
• The NHRC is limited by its ability to investigate human rights violations that have
occurred up to a year before and not earlier. A genuine grievance that exists in the
earlier time period is thus ignored. This is quite an obstacle in seeking justice in a
country as big and diverse both in areal as well as population terms.
• The NHRC cannot directly investigate alleged human rights violations by the armed
forces but can only seek a report from the Government on the matter.
• The PHRA, 1993 does not extend to the state of Jammu and Kashmir thus ending
all responsibility for the NHRC for human rights violation in one of the most
disturbed regions in the country.
Problems in functionaries –
• Vacancies in the NHRC and Chairperson of various Commissions that have
representations on the NHRC are often not filled for long duration.
• The PHRA also does not require that the judicial members appointed have a proven
track record in human rights.
• The Global Alliance of National Human Rights Institutions (GANHRI) has observed
the lack of women appointed to the NHRC due to the restrictive pool of candidates
from the higher judiciary, limiting its ability to tackle gender sensitive issues in an
effective manner. Moreover, the vacancies to the NHRC are not suitably advertised.
• The GANHRI has also noted the involvement of political representatives in the NHRC
(Chairperson of National Commission of SCs is also a Member of Parliament). This
reduces independence of the NHRC.
• The appointments to the NHRC are often those of retired bureaucrats, even
Chairpersons to National Commissions for SCs/STs/Women and Minorities are often
members who have served in the civil service. This has led to the NHRC being
regarded as an extension of the Government and not an autonomous agency.
• The NHRC relies on staff that is on deputation from other Government
departments. This staff often lacks sensitivity and expertise in human rights issues
leading to poorly investigated cases.
Problems in Funding –
• Paucity of funds has led to limited expenditure on spreading human rights literacy
• The lack of funds has also led to poor infrastructural support for investigative
Lack of Government support –
• Delays in tabling of the Annual Reports of the NHRC before the Parliament by the
Government of India. Only those reports that have been tabled before the
Parliament are made public. The last such report available is for the year 2011-12.
The Government has not formulated its responses to the reports since then. This
limits accountability of the Executive and efficacy of the NHRC.
• India is yet to ratify and sign several key conventions that will increase the
accountability of the state and empower the NHRC to address other issues. These
➢ Convention Against Torture (signed in 1997, not ratified)
➢ Convention on the Protection of Rights of All Migrant Workers (not signed)
➢ Convention for the Protection of All Persons from Enforced Disappearance
(signed in 2007, not ratified)
• The quality of compliance reports submitted to the NHRC by the state governments
is often sub-standard and the submissions are irregular and delayed.
Role of NHRC –
• NHRC investigates grievances regarding the violation of human rights either suo
moto or after receiving a petition.
• It has the power to interfere in any judicial proceedings involving any allegation of
violation of human rights.
• It can visit any jail or any other institution under the control of the State
Government to see the living conditions of the inmates and to make
• It can review the safeguards provided under the constitution or any law for the
protection of the human rights and can recommend appropriate remedial
• NHRC undertakes and promotes research in the field of human rights.
• NHRC works to spread human rights literacy among various sections of society
and promotes awareness of the safeguards available for the protection of these
rights through publications, media, seminars and other means.
• The Commission takes an independent stand while providing opinions for the
protection of human rights within the parlance of the Constitution or in law for the
time being enforced.
• It has the powers of a civil court and can grant interim relief.
• It also has the authority to recommend payment of compensation or damages.
• NHRC credibility is duly reflected in large number of complaints received every
year and the trust reposed in it by the citizens.
• It can recommend to both the central and state governments to take suitable
steps to prevent the violation of Human Rights. It submits its annual report to the
President of India who causes it to be laid before each House of Parliament.
A Human Rights Commission is an essential bulwark against arbitrary action by State or
other agencies in a modern day democracy. It serves as an independent platform to not
only limit the exercise of powers by the Government but also to guide it on its approach to
rights of humans. Also, the NHRC s reach is limited and the purpose of human rights
defeated if the State HRCs too aren t reformed so as to enable them to conduct their
duties effectively. The definition of human rights changes with transformations in society
and polity through time.
A quasi-judicial body is a body which has powers and procedures resembling those of a
court of law or judge such as an arbitrator or tribunal board. It is obliged to objectively
determine facts and draw conclusions from them so as to provide the basis of an official
action. Their powers are usually limited to a very specific area of expertise and authority,
such as land use and zoning, financial markets, public standards etc. National Human
Rights Commission, National Commission for Women, National Commission for Minorities,
etc. are examples of quasi-judicial bodies.
Features of Quasi-judicial bodies:
• Similar to law imposing bodies: Quasi-Judicial bodies are institutes which have
power similar to law imposing bodies but these are not courts. The courts have the
power to supervise over all types of disputes but the quasi-judicial bodies are the
ones with the powers of imposing law on administrative agencies.
• Specific purpose: These are created for specific purpose. For example, ( Just explain
2 or 3 only )
➢ National river water dispute tribunal: National river water dispute tribunal
has the power to grant the award to share the water among disputing states.
➢ Central administrative tribunal: This is constituted to look into the matter
related to service dispute of civil servants. For example determination of age
of civil servant in case of dispute etc.
➢ National Human right commission: National Human Rights Commission is a
quasi-judicial body which looks into cases of specifically Human Rights
violation. It was established under the Human right act 1993. They can
investigate human right abuse and can recommend the steps to be taken.
➢ Election commission: It is constitutional bodies that mainly function for the
conduct, control, supervise the election. It also performs judicial function e.g.
determination of disqualification of Member of legislator or examining the
violation of model code of conduct.
➢ Other regulatory bodies: SEBI, TRAI, IRDA etc. are some other quasi-judicial
regulatory bodies. Their main function is to ensure transparency in the
market economy. They also take judicial measures e.g. punishing in case of
violation of rules through fines etc.
• Nature of bodies: They can be statutory, regulatory or constitutional in nature. For
example, the National Human Rights Commission is a statutory body, while Finance
Commission is a constitutional body created under Article 280. Whereas SEBI is a
regulatory body which performs judicial functions too.
• Expertise: These bodies need not only be headed by a judge rather experts too can
be included having sectoral knowledge like Finance, Economics, and Law etc.
• Judicial review: Verdict of these bodies can be challenged in a court of law which is
the final authority.
Issues related to Quasi judicial bodies –
• Funding: Public funding is not available for tribunals so one side may be at a
disadvantage if the parties can afford a lawyer to represent them, making the
• False cases: While lower costs of Tribunals encourage people to fight for justice,
they also invite a lot of ill-founded claims.
• Burden: Though the concept and working of Tribunals and Quasi-Judicial Bodies is
still new to our country, they mostly remain understaffed and burdened with the
ever increasing number of cases, because of which they find it difficult to perform
their functions smoothly.Many times the decision given by a Tribunal is challenged
in a High Court by the losing party, which defies the purpose of Tribunals.
As a whole, a quasi-judicial body is a good concept as it reduces the burden on Judiciary
but there are some loopholes there in this system also. Govt should choose individuals
with both technical and legal knowledge and providing them with power to take decisions
will be a booster to this organ of Government.
The governor should be discharging his or her duty in accordance with the spirit of
constitution, not just be an agent of the centre. The governor is constitutional head of the
state and chief executive head of the state as enshrined in Constitution under Article 153
to Article 162 in Part 6 of Constitution.
Governor is being criticised for being a puppet of central government as agent of centre
than being the constitutional head of state.
Governors role & responsibilities –
governor possesses executive, legislative, financial and judicial powers more or less
analogous to the president of India. However, he has no diplomatic, military or emergency
powers like the President.
The governor’s primary responsibilities are to: Serve as the state’s chief executive
officer and oversees the functions of the executive branch of government.
• Appoint the leader of the majority party as Chief Minister.
• Appoint the advocate general, chairman and members of the respective State Public
• Appoint district Judges.
• Recommend imposition of Constitutional Emergency to the President.
• Recommend legislation to the Legislative Assembly.
• Review and sign bills that are approved by both the Vidhan Sabha and Vishan
Parishad. If a bill is vetoed, it is returned to the legislative assembly.
• Give approval to the introduction of the money bill.
He also may pardon, remit and commute the sentence of a person convicted by a state
court. Although he can not pardon someone who is awarded a death sentence.
Governor acting more as an ‘agent of the centre’:
• Misuse of Article 356:Under Article 356, asa discretionary power, Governor need to
submit report to advise the President to proclaim emergency if there is
constitutional breakdown. This power has been abused by political parties in power
at centre to dismiss governments in state governed by parties in opposition.
• Power of Reserving bill: Constitution provides that Governor can reserve the bill for
consideration of President. Even though constitution does not provide centre the
power to veto state’s legislation, through power of reservation centre exercises this
power by vetoing or delaying any legislation through President refusal to assent to
• As an agent of political party in power at centre: Governors are not shy of revealing
their partisan preference. For instance, in recent times Governors have exhorted
voters to vote for particular party.Recently, the Governor of Rajasthan has been
charged with the violation of the model code of conduct.
• Partisan role in Hung assemblies: In case of hung assemblies, there is discretion for
Governors as to which party or coalition of parties are in best position to form the
government. This discretion is abused by Governors in partisan manner at the
instruction of centre. There are numerous instance where despite the parties
apparently having lesser seats than the parties in opposition are invited to form
government.E.g. Recently, Governor invited BJP for forming government in
Karnataka despite opposition coalition claiming majority.
• Arbitrary Removal of Governors: There have been instances of removal of governors
in States with Government change at the centre. Thus governors most of the
timedue to fear of removal favour political party in centre and work as agent for
But its not the role governor abide, but he has given many powers in constitution. At the
time of using them governor can be independent at that time which is most critical and
enlarges its role as –
• Determining the amount payable by the Government of Assam, Meghalaya, Tripura
and Mizoram to an autonomous Tribal District Council as royalty accruing from
licenses for mineral exploration – According to the Sixth Schedule, if any dispute arises
as to the share of such royalties to be made over to a district council, it shall be
referred to the governor for determination and the amount determined by the
governor in his discretion shall be deemed to be the amount payable to the district
council and the decision of the governor shall be final.
• Seeking information from the chief minister with regard to the administrative and
legislative matters of the state – Many governors have been criticised for expanding
their discretionary powers suo motu. Tamil Nadu (TN) governor Banwarilal Purohit
has been criticised for running a parallel administration of universities within TN and
appointing vice-chancellors without consulting the state government. He was already
under fire for conducting “review meetings” of government schemes.
• While exercising his functions as the administrator of an adjoining union territory (in
case of additional charge)
The Supreme Court’s intervention in the constitutional status of the Lieutenant Governor
(L.G.) of Delhi following his tussle with the Delhi government has once again exposed the
fissures in the federal structure of the country.
The five-judge bench of the Supreme Court in its judgment in Government of Delhi vs Union
of India stated that the elected representative was the real executive and that the L.G. must
act as per the “aid and advice” of the elected government except in matters of land, police
and public order.
▪ Reservation of a bill for the consideration of the President – Situations are mentioned
in Article 200, when Governor will reserve the bill, yet he can use, discretion
regarding this matter.
▪ Recommendation for the imposition of the President’s Rule in the state – The
Governors Committee (1971) laid down the responsibility on the governor to see that
the administration of the State does not breakdown due to political instability and he
must send a regular report about the political situation of the State.
In such circumstances, if the Governor reports to the President a breakdown of the
constitutional machinery in the State, it is clearly in accordance with his discretionary power.
However, as we can see above, such powers have led to conflicts from time to time.
Governor is neither a decorative emblem nor a glorified cipher. His powers are limited, but
he has an important constitutional role to play in the governance of the state and in
strengthening federalism. Now, there is a pressing need to reassess Centre-state relations
in general and the functions of the governor in specific.
Pardoning is an act of kindness that reduces the punishment conferred under the law for
the offence and restores the rights and privileges lost on account of the offence. Indian
Constitution under Article 72 empowers the President to grant pardons and Article 161
grants powers to the governor to pardon the sentence except in a few cases. It can be
granted to individuals who have been convicted of any offence against a law or sentenced
by a court martial (military court) and for sentence of death. The object of pardoning power
is to correct possible judicial errors, for no human system of judicial administration can be
free from imperfections.
Pardoning power of President: The pardoning power of the President includes the
• Pardon: It removes both the sentence and the conviction and completely absolves
the convict from all sentences, punishments and disqualifications.
• Commutation: It denotes the substitution of one form of punishment for a lighter
form. For example, a death sentence may be commuted to rigorous imprisonment,
which in turn may be commuted to a simple imprisonment.
• Remission: It implies reducing the period of sentence without changing its
character. For example, a sentence of rigorous imprisonment for two years may be
remitted to rigorous imprisonment for one year.
• Respite: It denotes awarding a lesser sentence in place of one originally awarded
due to some special fact, such as the physical disability of a convict or the
pregnancy of a woman offender.
• Reprieve: It implies a stay of the execution of a sentence (especially that of death)
for a temporary period. Its purpose is to enable the convict to have time to seek
pardon or commutation from the President.
Difference between pardoning powers of president and governor: The scope of the
pardoning power of the President under Article 72 is wider than the pardoning power of
the Governor under Article 161. The power differs in the following two ways:
• Court martial: The power of the President to grant pardon extends in cases where
the punishment or sentence is by a Court Martial but Article 161 does not provide
any such power to the Governor.
• Death sentence: The President can grant pardon in all cases where the sentence
given is sentence of death but pardoning power of Governor does not extend to
death sentence cases. Even if a state law prescribes the death sentence, the power
to grant pardon lies with the President and not the governor.
Supreme Court guidelines on pardoning power: Supreme Court cases have laid down
various norms regarding pardoning power of president as below.
• Mandatory Central government advice: In Maru Ram v Union of India, the
Constitutional Bench of Supreme Court held that the power under Article 72 is to
be exercised on the advice of the Central Government and not by the President on
his own, and that the advice of the Government binds the head of the Republic.
• No reason required: The Supreme Court in Ranga Billa case observed that the term
pardon itself signifies that it is entirely a discretionary remedy and grant or
rejection of it need not to be reasoned.
• Not a matter of right: Supreme Court in Kehar Singh v Union of India held that the
grant of pardon by the President is an act of grace and, therefore, cannot be
claimed as a matter of right. The power exercised by the President being exclusively
of administrative nature, is not justiciable.
• Limited Judicial review: Pardoning powers under Articles 72 and 161 is subject to
judicial review. In Epuru Sudhakar vs Govt. Of A.P., the Supreme Court held that it is
a well-set principle that a limited judicial review of exercise of clemency powers is
available to the Supreme Court and High Courts. Granting of clemency by the
President or Governor can be challenged on the following grounds:
➢ The order has been passed without application of mind.
➢ The order is malafide.
➢ The order has been passed on wholly irrelevant considerations.
➢ Relevant material has been kept out of consideration.
➢ The order is arbitrary.
The pardoning power is founded on consideration of public good and is to be exercised
on the ground of public welfare. Pardon may substantially help in saving an innocent
person from being punished due to miscarriage of justice or in cases of doubtful
conviction. The hope of being pardoned itself serves as an incentive for the convict to
behave himself in the prison institution and thus, helps considerably in solving the issue of
The Article 123 of the Constitution gives the power and authority to the President of India to issue
ordinances when there is an urgent need of any action only and also, when one of the House of
Parliament is not in session.
The ordinance has Same force and effect as status of Parliament and holds good only for a duration
of 6 weeks from the Re Assembly of Parliament.
Ordinance making power of president.
The ordinance making power of the president is most important legislative power. It has been
vested in him to deal with the unforeseen or urgent matters, but the exercise on this power is
subjected to following limitations –
• It is not a parallel power of the president to legislate By ordinances as it is not a parallel
power of legislation.
• It can only promulgate when both Houses of Parliament or either house is not in session .
• It can only be issued only on the subject on which Parliament can make laws.
• The ordinances can’t abridge or take away any of the fundamental right.
• Every ordinances issued by the President during the Recess of Parliament must be laid
before the both House of Parliament. If ordinances passed, then it becomes an act. The
maximum life of an ordinances is 6 months and 6 weeks.
• Ordinances, like any other legislation, can be retrospective. And President can also withdraw
any ordinances at anytime.
These limitations are vested in order to prevent possible misuse of ordinance making power. Then
also the constitutional safeguard. Of ordinance being misused. Some incidents & Facts are as –
• Ordinance promulgated from year 1952 to 2008 in areas of Finance 129 , Labour 46,
Commerce and Industry 28, home affair 102 and Law and Justice 29. This data shows that
the many important issues were dealt with Ordinance.
• Janta Dal government from 1977 to 79 promulgated only 34 ordinance and that Narasimha
Rao government from year 1991 to 1996 had promulgated and average of 21 ordinanace
• National Democratic Alliance government from in 1998 to 2004 head promulgated and
average of 14.6 ordinances per year and later UPA government from 2004 to 2014
promulgated 6.8 ordinates per year.
Hence the ordinances, which are mean to provide Alternative of legislation on important issue at
important time, were misused to make the legislation at any time as government Thought
To prevent this misuse, judiciary too provided guidelines Related to Ordinance promulgation. These
judicial safeguards are.
• RC Cooper versus Union of India case 1970 held that the president decision to promulgate
ordinances could be challenged.
• DC Wadhwa versus state of Bihar case 1987. Supreme Court said Ordines making power is
not a substitute for any law making of legislature and it should be used only in exceptional
• Supreme Court in Krishna Kumar Singh versus state of Bihar. Case held that the authority to
issue ordinances is not an absolute entrustment , but is conditional upon circumstances.
Hence issuing ordinances in times other than emergency is not a good trend. Even 44th
Constitutional Amendment Act 1978, too meet the president satisfaction subject to judicial
review so that the true spirit of Democratic principle Will be insured.
Recently proceeding of Impeachment of USA President were conducted. In India, the procedures
of impeachment of president is guided by Article 61 of the Constitution, but it differs from that
of USA President.
Impeachment of president of India –
The president can be removed from the office by a process of impeachment for violation of
Constitution. However, Constitution does not define the meaning of phrase “violation of
• It is a quasi judicial process in parliament.
• Even the nominated member of either House of Parliament can participate in the
process of impeachment, even though they don’t take part in his election.
• The elected Member of State Assemblies who participate in election of President,
however, don’t participate in impeachment.
• No president in India has been impeached so far.
The process of impeachment is as follows –
When a President is to be impeached for violation of the Constitution, the charge shall be preferred
by either House of Parliament.
No such charge shall be preferred unless –
• the proposal to prefer such charge is contained in a resolution which has been moved after
at least fourteen days’ notice in writing signed by not less than one-fourth of the total
number of members of the House has been given of their intention to move the resolution,
• such resolution has been passed by a majority of not less than two-thirds of the total
membership of the House.
• When a charge has been so preferred by either House of Parliament, the other House shall
investigate the charge or cause the charge to be investigated and the President shall have
the right to appear and to be represented at such investigation.
• If as a result of the investigation a resolution is passed by a majority of not less than twothirds of the total membership of the House by which the charge was investigated or
caused to be investigated, declaring that the charge preferred against the President has
been sustained, such resolution shall have the effect of removing the President from his
office as from the date on which the resolution is so passed.
Hence , the term of impeachment is used only for president and not any other constitutional office
like CAG, judges of High Court or Supreme Court etc.
Take a look only –
The Indian Constitution borrowed features from that of American constitution like independent
judiciary, removal of Supreme Court judges, etc. But the impeachment of president is different from
American way of impeachment in following ways.
Impeachment of Indian president. Impeachment of US President.
The impeachment charges can be
initiated by either House of the Parliament
Any member of the House of Representative can
introduce the impeachment or resolution or entire
House can vote to inquire.
and charges should be signed by ¼.
member of that house
14 days of Advance Notice is served to
The presiding officer of the concerned
House would decide if the House should
proceed with the motion of impeachment
and voting take place in the House of
Origin of charges.
The charges with respect to impeachment are
analysed by the House Judiciary Committee and
framer of the Articles Of impeachment by simple
majority as more than 50% of majority, then House
of Representatives debate over it. And voting is
If Motion gets admitted, it is required to
be passed by special Majority Ask more
than 2/ 3rd majority of total membership.
The motion with respect to the respective charges
are required to be passed by house with simple
majority as more than 50% of majority. And
president is impeached
On passing motion from one house is
sent to other house for investigation of
charges and during proceeding, president
can participate and he has right to
represent himself or to be represented.
Charges are forwarded to the Senate and then
president is informed and Bill of Indictment is
The motion is required to be passed by
more than 2/ 3rd of majority of total
membership of house.
The Senate trial headed by United State of s chief
justice, hearing are in front of a jury of Senator.
President can appear himself or to be represented.
President stands removed. From office
From the date of passing of resolution.
The conviction and removal of president from the
Hence, through this impeachment process, the fundamental component of constitutional system of
check and balances is insured in India as well as in United States of America too.
Polity – Mains
In recent years there is going incident of disruption leading to less number of hours of
working at Parliament as well as state legislatures. As these are embodiments of a
representative Form of democracy. The rule of The rule of debate, discussion, and
deliberate. Are significant.
Some example of recent disruptions.
• The turning of the bills and The misbehaviour with the vice chairperson of Rajya
Sabha is Giving the attention in that area.
• Recently Karnataka state assembly The vice chairperson was also manhandled.
• Over many issues, the member of Opposition party In parliament gone on the
protest And hence no effective working of Parliament has done.
• Excluding the zero hours and reducing the time for question are during last session
was also disruption in parliamentary processes.
Diminishing role of Parliament and state legislatures.
In representative parliamentary Democracy, Parliament is at the centre of Democratic
process and so as State legislatures at state level.
They play a critical role in governance process which suffered a sit back due to disruption
in the house. For example, the Loo 11th Lok Sabha lost 5% of its time to the disruption
and 13th Lok Sabha last 22.4% of Time and 14th and 15th Lok Sabha at least 30%.
How disruption diminishes the role of parliament – ( just write 1 2 line and max 5 points.
Here maximum is given )
• The role of legislators or representatives is to debate the appropriateness of
legislation, and the disruptions not only delay legislative business, but also allow
little time for debates.
• Disruptions also contribute to undermining the respect representatives ought to
have in the eyes of the citizens. It is also widely known that disruptions in India are
often not caused by the actions of individual legislators but by the coordinated
action of a party to which the disrupting members belong.
• Parliamentary disruptions have been defended by the opposition, now as well as in
the past, as a means to counter arrogance of the ruling dispensation (theoretically
alluding to the “tyranny of the majority” problem), as a means to highlight matters
of public interest (particularly constituents, existing or potential), and even as an
opportunity for legislators to express dissent!
• At the core of the rise in disruptions, whether in Parliament or in state legislatures,
is the belief among the parties and their legislators that their interest is better
served by disruptions than debates. This is in marked contrast to the behaviour
exhibited by most of the other functioning democracies.
• As noted earlier, some politicians and commentators have attributed this trend to
the penetration of the mass media in India since the 1990s and its changing
character. Newsworthiness of disruptions and unruly behaviour in the legislatures
attracts media attention, keeps the party causing the disruptions in the limelight
and gives it recognition. Contrariwise, participating in a debate requires investment
in details of any proposed legislation or discussion, which, due to its staid nature,
may not attract ready attention.
• Choosing the contester – the parties do not choose on the basis of their ability to
debate and put across their viewpoint in a discursive manner, but for their ability to
win elections. Hence, it is natural for them to exhibit their preferences through
protests rather than through debate.
• Anti defection law – The other possible explanation for the rise in disruptions is the
enactment of the anti-defection law in 1985, which allows parties to herd their
members, weakens incentives of legislators to invest in developing their own
viewpoints and express them freely as they cannot use their own stand on different
issues to evolve or develop their own political careers. The effect of anti-defection
law is not only manifest in disruptions or the nature of protest and dissent, but is
also negative for intra-party democracy.
Other reasons for diminishing the role of Parliament And state legislature are.
• Fragmented policy with emergence of regional partner In 1970, Indian electoral
system has been increasingly fragmented. This is also because of diversity in India.
• Though Regional party perform Democratic role, There are some unintended
consequences of them
• Quality of representatives in Parliament is another reason, why parliamentary
conventions as developed in West are not Followed in India, for example according
to report by Association for Democratic Watch, 34% of Lok Sabha MP’s have
criminal cases against them. About 22% of these faces serious criminal case
The role of opposition in parliamentary democracy –
The opposition is an integral part of democracy. Without opposition, we cannot expect a
pluralistic society, and more importantly, it is the soul of democracy. In the absence of
opposition, any ruling party unabashedly and arbitrarily impose or promote its ideology,
belief, dogma, religion, caste, creed, place of birth, etc. on the people of the country.
Role of opposition:- ( use one or two examples…and curtail the content as per word limit.
Here maximum is given – just write only 1 2 line and max 1 example )
• Preparation to form government: Strong opposition means a lot for a Democratic
system. If there is no opposition, the party in power blatantly or unblushingly do
whatever they want without fear of losing the Chair. In the absence of opposition,
democracy is a body without a soul.
• Safeguarding liberty and right of people: Nowadays communism became an integral
part of contesting elections. Different political parties first do the proper scrutiny of
the particular constituency on the basis of religion, inter-caste, etc. before electing
their candidates. For example, Kairana and Kandhla migration row also known as
kairana exodus refers to alleged migration of Hindu families during the period of
2014-2016 but the National Human Rights Commission Report (NHRC) had
confirmed that 400 Hindu families had indeed left the town due to fear of the
members of a particular community (Muslims) which was “majority in the area”. The
report also said the people of the majority community passing obscene remarks
against the women of the minority communities. According to the NHRC, the
exodus was also due to the Gangster Mukim Kala.
In general, when the MP or MLA also belongs to the majority community, it
instigates suppressing and neglecting the people of minority leads to the threat
over safeguarding liberty and right of people. In these cases, the opposition plays a
crucial or vital role in mooting the voice of the minorities and beg justice for them.
• Accountability: Strong opposition is extremely important to keep the party in power
accountable. Democratic political systems ensure accountability, not just byelections but by mechanisms such as transparent decision making, judicial review,
use of ombudsmen, and most important opposition. For Example politicians or the
ruling party often focus more on visible promises, such as school infrastructure,
than on less tangible ones, such as teacher professional development. Hundreds of
promises the government did in his manifesto but after being selected by people,
all the promises, assurances, and guarantees simply disappeared or gone into vain.
So strong opponent is exceedingly needed for making a ruling party accountable or
• Transparency: Powerful and active opponent is the need for democracy. Corruption
is one of the major resistance or obstacles which devastating India internally.
For Example: In March 2018, it was revealed that the amount of Indian black money
currently present in Swiss and other offshore banks is estimated to be ₹300 lakh
crores or US$1.5 trillion. So it became the role of opposition to make the ruling
government transparent and use RTI like a weapon against the wrongdoings.
• Ordinance: For passing any rule two-thirds majority is needed in both the houses of
the Parliament. In the absence of strong opposition, the ruling party passes
whatever bill it wants. For Example, any bill which comprises plenty of loopholes
and must need to be rectified or redesigned or the addition of Something but due
to the truancy of opposition, the bill simply passed in both the Houses of
So definitely strong opposition is highly required for condemning the party in power on its
wrong move or decisions. The role of opposition in Lok Sabha and Rajya Sabha is highly
There are hundreds of reasons behind the urgency of the strong opposition in the
Democratic system of the Country. Opposition Express the Public and severely lambaste
the government too on its wrongdoings and enhance the standard of democracy.
Hence, in any parliamentary democracy, it is important to have the wide discussion in
debate on any major policy issue to attend large public goods. And any disruption in the
proceeding of house erodes The Democratic process.
The Aadhaar Act amendment bill was termed as money bill and opposed by many on
which Supreme Court upheld its classification being money Bill in 2019. But it started the
debate about the process of classification of any bill as money bill by speaker.
About Money Bill –
Article 110 of the Constitution deals with the Money Bills. It states that a bill is deemed to
be a money bill if it contains ‘only’ provisions dealing with all or any of the following matters:
▪ The imposition, abolition, remission, alteration or regulation of any tax;
▪ The regulation of the borrowing of money by the Union government;
▪ The custody of the Consolidated Fund of India or the contingency fund of India, the
payment of moneys into or the withdrawal of money from any such fund;
▪ The appropriation of money out of the Consolidated Fund of India;
▪ Declaration of any expenditure charged on the Consolidated Fund of India or
increasing the amount of any such expenditure;
▪ The receipt of money on account of the Consolidated Fund of India or the public
account of India or the custody or issue of such money, or the audit of the accounts
of the Union or of a state; or
▪ Any matter incidental to any of the matters specified above.
The recent Aadhaar controversy – defining as Money bill under clause 7 – put attention in
the areas of lacunas in defining money bill & other issues related to money bill. These
problems are –
This discretion is being used by the ruling parties to whistle away the legislative powers of
Rajya Sabha and make it a redundant legislative house by sending crucial bills like money
bills as rajya sabha doesn’t have the power over those bills. The recent aadhar bill is a
good example in this regard.
• Neither the constitution nor the house rules lay down the procedure with regard to
certifying the money bill making speaker’s decision discretionary.
• Rajya sabha can’t question the decision of the speaker even when they have a
strong case for contesting speakers decision.
• The decision of the speaker cannot be qAmbiguity over definition of the bill has
recently Supreme Court did not find Aadhar amendment Bill fit to the definition of
money bill. But the government replied it being part of any matter of the money bill
• The criteria as. Of financial bill and that off money Bill seems to be used as
scapegoats over its overlapping features.
It is true that the sometimes the ruling parties use discretionary powers to overcome the
legislative process which is not justified. this constitutional provision of giving authority to
the speaker cannot be seen as a convenient tool to deal with an inconvenient second
chamber. The Constitution reposes faith in the speaker’s fairness and objectivity. His
decision needs to be in conformity with the constitutional provisions. If not, it is no
decision under the Constitution. In order to reduce the discretion of the leader of the
house, certain mechanisms can be developed such as:
• He can be made to resign from his membership of a particular party while taking
seat as the leader of the house and can again join it when his term ends.
• A mechanism can be developed where the committee of the secretaries of both the
houses examine in detail the given bill and submit their views to the speaker before
Hence there is need for increasing the role of Rajya Sabha in case of money bill and clarity
over its definition to make it less controversial.
As mentioned by Doctor BR Ambedkar, that Article 356, the President rule would remain a
dead letter and would be used only as a measure of last resort result, As it can push a
threat to the Indian federal policy in it’s discriminatory use.
• This stand true in present context because as per Recent Ministry of Home Affairs
report Since 1950, it has been used 125 times until 2016.
Presidents rule or state emergency.
It can be proclaimed by president under Article 356 on and report of governor or
otherwise, leading to the Suspension of state government and impose Direct central
government rule in state.
• In various circumstances, central government can take control of state machinery.
• Subsequently, Executive Authority is exercised by centrally appointed governor,
who has an authority to appoint other administrator’s to assist him.
The president rules indiscriminate use – A threat to the federalism.
• It undercut democratically elected government and arbitrarily impose restriction on
• This is in conflict with the idea of cooperative federalism as centre exercises
authority over governor.
• The federal principle of autonomy of state is seen to be compromised as it
suspense State assembly.
• Deviation from constitutionally mandated provision, like the ground for imposing it,
is seen to be violating where the fair chances to state legislature have not been
• Foul game of party politics. Exercising monopoly and unitary execution of president
rule against the parties in power at states which are not part of ruling. Coalition
party Government at centre.
• Become a tool of political opportunism – So as to end the government in
concerned state and exercise its own authority’s.
Hence, as advised by Supreme Court, in S R Bombay case in 1994 – the use of Article 356
Should be on line with constitutional provision and wise enough.
The constitutional provisions. They provide the ground for imposition and circumstances.
• It is duty of centre under Article 355 to insure that state government is carried on
in accordance with provision of constitution and any failure in this regard It would
take over state government under Article 356.
• Lack of majority in state assembly and state legislature Unable to elect leader as a
chief minister for a time described by governor.
• Breakdown of coalition leading to the Chief Minister in minority support of the
House and he fails to prove majority within a time prescribed by Governor of that
• Minority due to no confidence motion in state assembly.
• Elections are postponed for unavoidable reasons Like war, epidemic or Natural
• On the report of governor , if state machinery fails to abide the constitutional
• Under Article 365, whenever state fails to comply with or to give effect to any
direction from centre.
The 44th Constitution Amendment Act 1978 brought satisfaction of president under
judicial review and cases like Sr Bommai case 1994 and Supreme Court judgment
subsequently and Sarkaria Commission of 1988 – to provided guidelines on the invocation
of president rule in state.
Hence in order to strengthen the democratic norms , putting partisan politics aside , in
order to keep people faith in democracy by using Article 356 wisely.
Recently, the central governments revocation of Article 370, which imparted special
status to Jammu and Kashmir by means of various provisions faced criticism by opposition
parties, but To a large extent, this move was welcome to by people of Jammu and Kashmir
to alongside which is clearly visible in 2020 DDC elections of J&K.
On October 17, 1949, the Article 370 was added to Indian Constitution as a temporary
provision, which permitted Jammu and Kashmir to draft its own constitution and restricted
Indian parliament power in the state.
• Under Article 370, Constituent Assembly of Jammu and Kashmir was empowered to
recommend Which articles of Indian Constitution should apply to state and which
• As per class 3 of Article 370, the President of India has the power To amend its
provision and scope.
• Article 35A under this for Article 370 was introduced through a presidential
order in 1954, which empowers Jammu and Kashmir legislator to define permanent
resident of a stage and their special rights and privileges.
But by Constitutional Order 2019 (application to Jammu and Kashmir) has replaced
presidential Order of 1954 and the Constitutional Jammu and Kashmir Reorganization Bill
2019 passed by Parliament which divided Jammu and Kashmir state into Jammu &
Kashmir and Ladakh Union territory.
The abrogation of Article 370 was opposed by Jammu and Kashmir political parties, except
few but widely accepted by people of Jammu and Ladakh, who waited since long for any
such move because.
• Criteria for permanent resident can be changed, which will allow the other people
to become the resident of these two Union territories
• This will make unattended areas like Ladakh region to get benefits from central
• It would make the local economy open to market as now properties can be bought
here and new Industries can be established, there as per demand of supply of raw
• Politically, Ladakh was less represented in state assembly. Now being a UT it would
gain centre attention in development.
• The empowerment opportunities in these 2 UTs would increase as sector like
tourism. Industrialization would increase year of time.
Impacts of Abrogation of Article 370.
• Economic impact. According to centre for monitoring Indian economy, Jammu and
Kashmir has highest monthly unemployment rate that is 15% between January
2016 to July 2019.
➢ This step would enhance investment and job opportunities and open up the
potential opportunities and areas for development led economic growth.
• Education. Now central government can established IIT, AIIMS & IIM like institutions
in the Valley.
• Security. With more development and employment in these 2, UTs the unemployed
youth would not fall prey to the. Terrorist activities for monetary gains thus it would
bloster the security in the Valle Also, with enhanced Centres rule, the Law and order
as well as violent issues would be controlled.
• Administrative. Now being union territory, it will be directly handled by Central
government. Thereby the centre can insure the development of the region.
➢ Earlier the 73rd and 74th Constitution Amendment Act 1992 in relation to
the local administration were not applicable now with their applications,
local participation will increase in governance after implementation of these
act and which is seen. Right now.
• Better rights like right to education under Article 21A, reservation related
provisions would apply Now, which would insure the better rights than before.
• Regional impact the neighbouring countries like China, Pakistan had somd there
decent but world Community accepted this move being India’s one internal matter
and part of the Sovereign it.
• Terrorist activities would be now nail down. As centres increase law & order, can
result in minimal loss of life and property in the Valley.
• Corruption earlier, as many of India’s anti corruption related provisions were not
applicable to the state, there was corruption in the region which is clearly visible in
Jammu and Kashmir Roshni Act but now central government can effectively act
against corruption and insure development of the reason.
Hence special status of Jammu and Kashmir was ended with their Concurrence to and to
solve the swiftly the decade old problem of the stage due to the rigid provisions. In their
constitution but central government and other political parties keeping aside party politics,
shall work together to ensure people of these. 2 UTs should be secure and better
The Constitution of India under Article 1 describes India as Union of States where Indian
system of government is quasi federal as it imbibes both federal features like division of
powers, independent judiciary and unitary features like single constitution etc.
India is regarded as a semi-federal state or a quasi-federal state as described by
Prof. K.C. Wheare. The Supreme Court of India also describes it as a federal structure with
a strong bias towards the Centre.
Indian constitution is a blend of federal feature with unitary bias. Some of the federal
• Dual polity: two government one at the Centre and in states with defined functions
• Written and Rigid Constitution: Ratification by states for Constitutional amendment
involving federal features. E.g. GST passage requiring consent of the states.
• Supremacy of the Constitution – Any law or amendment affecting the federal feature
will be struck down by the Supreme Court.
• Division of powers: 7th schedule with 3 lists. States are supreme in their own
sphere and have responsible government with law making power to the legislature.
• Bicameral Legislature: Like other Federations, the Constitution of India also
provides for a bicameral Parliament consisting of the Lok Sabha and the Rajya
• Independent judiciary: so that there is no unilateral change in division of power by
Yet, Indian federalism deviates from the federal characteristics as below and shows unitary
• Constitutional amendment procedure- the power to initiate an amendment to the
Constitution lies only with the Centre.
• States not indestructible- e.g. Recent Jammu and Kashmir Reorganisation Act
without popular government support.
• All India Services- Centre has the ultimate control over the civil servants.
• Emergency provisions: as H V Kamath notes, this single chapter turns the federal
character of Indian political setup to unitary. 1975 emergency is a best example.
• President rule under article 356: is a loophole to the federal feature and is misused
several times. E.g. Unconstitutional imposition of president rule in Arunachal
Pradesh and Uttarakhand in 2016.
• Governor’s office- Governors appointment and his/her actions in crucial times has
been criticised for being biased towards the power at Centre. Eg. Governor of
Karnataka and Manipur inviting the second largest party to form the government
instead of single largest party. This shows the Centre influence in state government
• No Equality of State Representation- Representation in the legislature in the federal
states in United States is on an equal basis, which is also not applicable in case of
Indian States. Thus, making the federation in India unequal.
• Deployment of armed forces in states without the consent of states is seen as
violation of federal character.
The Indian Constitution is neither purely federal nor purely unitary, but it’s a combination
of both. Indian Constitution is mainly federal with unique safeguards for enforcing national
unity and growth. Also, federalism is not dead in India, as evidenced by the fact that new
regions are demanding statehood and union has yielded, thus states like Manipur, Tripura,
Goa, etc. have been created. Hence it can be clearly said that “India is a Quasi – Federal
democracy with strong centre but states have powers to be at periphery”.
Recently the Prime Minister, reiterated that different states competing with each other in
promoting governance initiative In spirit of cooperative Federalism, which is competitive.
But then – some recent developments have revealed fissures in Centre-State
• For instance, the zone classifications into ‘red’ and ‘orange’ has evoked sharp
criticisms from several States.
• The States have demanded more autonomy in making such classifications.
This is despite the fact that State consultation is a legislative mandate cast
upon the Centre under the Disaster Management Act of 2005 (under which
binding COVID-19 guidelines are being issued by the Centre to the States).
• The influx of migrant workers into their home states like Uttar Pradesh, Bihar,
Jharkhand and Chhattisgarh, which already face severe financial and medica l
deficits, would worsen matters for the states.
• The sustenance of agricultural, industrial and construction activities would be
difficult in the absence of a majority of the workforce in the backdrop of the
lifting of restrictions, given these workers are going back to their hometowns.
• The recent farm Acts agitation and torning of Acts copy in the state
• The tussle over recent GST compensation issue and not implementing the “PM
kisan samman Nidhi” Yojna in Bengal.
But, these agitations are the result of some failure of co-operative federalism and other
structural issues like –
• Over-centralisation: As widely recognised, India is quasi-federal, with powers and
resources being highly tilted in favour of the Union. The Union list has more items
than the state list that enables more taxation power to centre. This acts as a major
roadblock to cooperative federalism in India. Excessive central character, reduce
active participation of states.
• Ineffective inter-state council: The Constitution provided for institutions like interstate councils to serve as a platform for consultation between the centre and the
states. The inter-state council has just turned out as a platform of talks with less
progress on real issues. Inter-state council has met twice in 50 years, and has not
been taken seriously as a vehicle of cooperative federalism:
• Taxation: Taxation powers are another contentious issue between state and the
Central government. For example, in the Goods and Services Tax (GST) scenario,
States have power to levy tax on sale of petrol, diesel, etc. and these would be
revenues of the respective States. However, the GST Council is yet to recommend
inclusion of these items under GST.
• Under-represented in finance commission: States are under-represented.
Recommendations of the Finance Commission are placed before Parliament and
States have no role in the debate. There is no provision for an aggrieved State to
challenge the FC report or seek its enforcement.
• Trust deficit: Trust deficit between Centre and States is widening. Several issues
such as shrinkage of divisible pools plague Centre-State relations. Together, they
make total cooperation difficult. Most state governments believe the thrust on
federalism is limited to lofty ideas and big talks. Many States have shown their
displeasure with the way the Centre has been dealing with the States. Recently,
Kerala has used Article 131 to move against centre due to displeasure over
Citizenship amendment act.
• One size fits all approach: A ‘One Size Fits All’ approach had been used for years,
not taking into account the heterogeneity of different states and their local
requirements. Due to this many states continue to suffer. Earlier planning
commission and now Niti Aayog both have followed the same policy. This leads to
difficulty in Policy implementation and working together.
Hence , saying that the recent agitation are failure of co-operative federalism is not
correct but it would be correct to say that these are the some problems in settings where
they cooperate in working out details concerning which level of government takes
responsibility for particular areas and creating policy in that area
Measures to strengthen cooperative federalism:
• Empowering NITI Ayog: NITI Aayog was formed to further empower and strengthen
the states. NITI Aayog needs to act to provide the strategic policy vision for the
government as well as deal with contingent issues. For example, the state should
be empowered more for working to enable smart cities.
• Empowering states: There are several ways through which a country can achieve
higher growth and promote economic activities. One of the ways is to empower
states towards optimum utilization of its resources such as infrastructure, buildings,
transportation and the most importantly its human resource.
• Fostering cooperation: All states should compete with each other regarding policies
and its effective implementation. The Union government can include States in how
decisions are made and enforced. The Union must develop newer conventions to
foster cooperation. Aspirational district initiative has potential to foster cooperation
at local level, enabling the states to work with the centre.
• Taxation: States must be given more power to tax and more grants should be
given to them. One size fits all policy needs to be changed with focus to specific
needs of each state.
The new challenges and issues need centre and various states to come together. Terrorism,
militancy, organised crimes, problem of internally displaced persons, refugees issue, all
these require that the country as a whole comes together. Cooperative federalism alone
strengthens the nation from within by enabling it to withstand adversities and challenges
because of its inherent resilience and malleability. Thus efforts must be made towards
Parliamentary privileges are special rights, immunities and exceptions enjoyed by the 2
House of Parliament – The committees and their members. However, recently civil right
activist raised concern over the conflict of civic liberties.
Parliamentary privileges – originally the Constitution under Article 105 mentioned the 2
• Freedom of speech in parliament.
• Right of publication of it’s proceeding.
But till now Parliament has not made any special law to codify all the privileges
exhaustively. They are based on 5 resources, namely.
• Constitutional provisions
• Various laws made by Parliament.
• Rules of both the houses.
• Parliamentary conventions.
• Judicial interpretation.
The significance of parliamentary privileges.
• They are necessary in order to secure the independence and effectiveness of the
• Without these privileges, the House can neither maintain their dignity, authority and
honour, nor can protect the members from any obstruction in the discharge of the
• It also include the Attorney General and Union ministers who have right to speak
but not to president.
Hence, Article 105 and 194 of the Constitution of India deals with the power, privileges
and immunities of the Member of Parliament and state legislature.
The parliamentary privileges can have conflict with civic liberties due to the reason –
• Freedom of speech. No member is liable to any proceeding in any code for anything
said or any vote given by him in Parliament, unlike civilians.
• Freedom from arrest. Unlike civilians, the MP and MLA can’t be arrested during the
Session of Parliament and 40 days before beginning and 40 days after the end of
• Exemption from jury services.
Collective privileges. Unlike civilians, they have.
• Right to publish reports, debates and proceeding, and also the right to prohibit
others from doing it.
• Right to exclude strangers from it’s proceeding and hold secret meetings.
• The right to punish members and outsiders for breach of its privileges.
• Right to regulate the internal affairs of the house.
Hence, legislators are granted with some special rights as compared to the normal citizen.
This is to ensure the independence and effectiveness of the actions.
Without these, the house can neither maintain their authority, dignity, and honour, nor can
protect its members from an abstraction in the discharge of the parliamentary
However, the sovereign people of India have a restricted right to free speech, but their
servants our representatives have an absolute freedom of speech in the House. There can
be some rationalization regarding particularly protection, like freedom from arrest.
India is described as union although its constitution is federal in structure. As mentioned
by Dr BR Ambedkar, the phrase “ Union of states” in Article 1 has been preferred to
Federation of States because Indian Federation is not the result of an agreement among
states unlike USA and no state can secede from the Federation. However, the word
Federation is not explicitly mentioned.
The framer of Constitution adopted the federal system due to mainly 2 reasons – The
large size of country and its socio cultural diversity.
Indian Union, based on the principle of Federation.
• Dual polity. The India established dual polity, consisting the Union at the Centre and
states at the periphery. Each is endowed with sovereign powers to be exercised in
the field assigned to them respectively by the Constitution.
• Division of powers. Like every other federal institution, the Constitution of India
divides power between Union and state.
• Written constitution India has written constitution which lays down division of
power between the Union and state. It clearly defines the scope of powers of these
2 tiers of the Federation.
• Supremacy of constitution. Both the Union government and state government
derive their powers From the Constitution. Both exercise their Respective powers in
accordance with the constitutional provisions.
• Rigidity of constitution in respect of federal feature. The Constitution of India lays
down a special procedure of amendment of Constitution, particularly in respect of
amendment of federal features like centre state relations related provision and it
provides for a very rigid method of amendment.
• Special role of judiciary. The Constitution of India provides for an independent
judicial system with Supreme Court at its Apex.
The Supreme Court has power to settle the dispute arising between union and
state as well as among the states. It is the final interpreter of the Constitution.
• Bicameral union parliament. It is essential feature of a federal constitution, Rajya
Sabha represents the interest of states of the Indian Union. The members are
elected by state legislatures And representing the interest of states at national
However, besides ever federal feature, the Indian Constitution also possess non federal
features as well. It is because the Constitution avoids tight mode of federalism and could
be both unitary as well as federal according to the requirement of time and circumstances.
Indian Constitution under Part 3 of Constitution in Article 12 to 35 enshrined, fundamental
rights and among all these rights most important is right to life under Article 21.
• Originally, Constitution provided for 7 fundamental rights, but later by 44th
Constitution Amendment Act. Right to property was defected and made a legal
right under Article 300 A.
• The fundamental rights are not absolute, but qualified as state can impose
Reasonable restriction on them. They are available against the arbitrary action of
state and they are justiciable.
These fundamental rights are defended and guaranteed by Supreme Court and over the
years various judgement by Supreme Court have interpreted them and their spirit.
• In Gopalan case 1950 Supreme Court took a narrow interpretation of Article 21
and said it is available only against arbitrary executive action, not legislative
actions. This is because of expression – Procedure established by law in Article 21.
• But in Menka case, 1978 Supreme Court overruled its judgment in Gopalan case
and took wider interpretation of Article 21.
This judgment made right to life and Liberty broad in its scope, and thereby it touches
each dimension of citizen. And in is in evident from –
• Entrusting justice. Article 21, Right to Life and Liberty of a person can be deprived
by a law which is reasonable, fair and just And introduced expression of due
process of law.
• Protecting rights. It is available not only against arbitrary action of executive, but
• Right to life with dignity. Merely enjoying right is not worth unless person enjoys
these right with dignity and Article 21 provide so. It also includes all those aspects
of life which make up persons life, meaningful, complete and worth living.
• It strengthen individual personal level, Liberty and variety of things which are listed
by Supreme Court in Menka case 1978 and reaffirmed in the subsequent cases
which touches most of dimensions like.
➢ Right to live with human dignity.
➢ Right to decent clean environment.
➢ Right to privacy.
➢ Right to health.
➢ Right to Free education up to 14 year of Age.
➢ Right to free legal aid.
➢ Right against inhumane treatment, Bonded Labour and custodial harassment.
➢ Right to free trial, Right to information and right to speedy trials are also
Hence it covers various other rights which forms an important part of a person to live life
peacefully and with dignity.
Fundamental rights provide the necessary protection to the citizens of the nation against
any largesse of the state. But these Fundamental Rights are not sacrosanct and come with
Constitutionally speaking, Article 368 itself provides provision for amending the Part III of
the constitution given it is done via constitutional amendment bill. The Kesavanand Bharati
case has pronounced that unless the basic structure of the constitution is not disturbed the
fundamental rights can be amended. Accordingly, the 44th constitutional amendment act
struck down the Right to Property which was previously in Part III of the constitution.
When it comes to abridging the fundamental rights, there are few positive interventions i.e.,
the Fundamental Rights of individuals are restricted for the overall development of the
• Article 15 provides for equality among all the citizens of the nation, but there are
certain restrictions like Art 15(3) which provide special provisions to women and
children. Additionally, Art 15(4) also provides for positive discrimination in the favour
of socially and educationally backward classes. For example, Central Educational
Institutions (Reservation in Admission) Act, 2006
• Article 31C provides for superseding of Article 14 and Article 15 provided the laws
are framed under the DPSP provisions of Art 39(b) and 39 (c).
• The reasonable restrictions provided under the Article 19 are framed for overall
maintenance of peace, public order, morality. For example- the Inner Line Permit in
few North Eastern states have been created to save the sanctity of the region.
Additionally, there have been restrictions on the Fundamental rights to maintain national
security and order.
• Under Article 19(3), the section 144 of the CrPC can prohibit assembly of 4 or more
people on the ground of public order.
• During the national emergency, Fundamental rights can be suspended on the order
of the President. This is done maintain order during times of external or internal crisis.
• Article 33 provides for restricting the fundamental rights of the people involved in
armed forces. Navy Act, Army Act have been formulated in this direction.
• Article 34 restricts the rights conferred while martial law is in force in the area.
The above arguments, as noted, show that though the rights given in Part III of the
constitution are fundamental and inalienable, they are not sacrosanct. Restrictions have been
imposed on them keeping in mind the overall welfare and security of the nation.
Though the right and duties of citizen are correlative and inseparable. But it requires moral
conscious in maintaining balance between both and become active participant in the
realization of national goals and not merely just Spectator.
The fundamental rights are enshrined in Part 3 of Constitution from Article 12 to 35. They
are guaranteed and protected by constitution. And are most essential for overall
development of individual.
• Further, they are meant for promoting ideal of political democracy.
Whereas fundamental duties were added later by 42nd Constitutional Amendment Act
1976 and later one more duty by 86 Constitutional Amendment Act of 2002. They are
inspired from USSR Constitution as suggested by Swarna Singh Committee .
• Some of them are moral duties, while other are civic. Unlike fundamental rights,
which extends to Indian citizen and foreigners, it is only extended to Indian citizen.
And they refer to such value which have been part of Indian tradition, mythology,
religious and practices.
On understanding fundamental rights and that of duties, the necessity of maintaining
balance between them is moral duty of every citizen.
Necessities of rights.
• Rights are rules of interaction between people, which places constraints and
obligation upon action of state and individual or group. For example, right to life,
Article 21 and prohibition of Untouchability under Article 17 are provided against
state and persons Activities.
• They are claims of citizens which are essential for the development of his or her
own self and recognised by society and state.
• These are legal, social or ethical principle of freedom or entitlement for overall
development of an individual.
• They are basic rights which can be in forced in the Court of Law, for example, right
to Internet under Article 19 in recent Supreme Court verdict.
But right will have real meaning only if individual performs their fundamental duties that
necessitate to understand their needs.
Necessity of fundamental duties.
• This serve as a reminder To citizen about their duty towards their country, society
and fellow citizens while enjoying the rights.
• They are fundamental aspects in any civilised society, any action by citizens are not
put integrity and sovereignty of country in any threat.
• This serve as a warning against international and anti social activities like burning
national flag, destroying public property and so on.
• They serve as an inspiration for the citizens and promote sense of discipline and
commitment among them.
• There should be more emphasis that the duty of respect towards other religion and
other view should be considered at fundamental duty of every citizen.
The balance between right and duties for every citizen is need of hour as –
• Rights and duties are closely related and cannot be separated from one another.
Both go side by side. Citizens need to fulfil their duties and obey laws too. For
example, Having basic household amenities like electricity and clean tap water are
citizens’ rights. However, it is their duty to end practices that lead to the wastage of
electricity and water
• If the state gives the right to life to a citizen, it also imposes an obligation on him
to not to expose his life to dangers, as well as to respect the life of others. For
instance, citizens have the right to get better roads, infrastructure and better
traveling facilities. But following traffic rules is their duty.
• India is the largest democracy of the world. Citizens have the right to vote, but
casting that vote is their duty. Citizens are certainly entitled to get better civic
facilities for easier daily living, but their responsibility also includes timely payment
of taxes for the welfare of the nation.
• Rights can be enjoyed only in the world of duties. For every right there is
corresponding duty. When the people fail to discharge their duties properly, the
rights all become meaningless. Like it is the citizen’s right to get clean streets, but
it is the individual’s duty to stop throwing garbage on roads, and put trash into the
right bins or dispose it in a proper manner.
• Rights originate in society. Therefore, while enjoying rights, we must always try to
promote social interest. It is the duty of every one of us to use our rights for
promoting the welfare of the society as a whole. For example, Citizens are entitled
to get better health and healthcare facilities, but it is the duty of individuals to act
towards Swachhta and vaccination.
• It is indeed the right of the people to get a pollution-free atmosphere and natural
calamity-free ecosystem. But for that to happen, voluntary citizen service is required
for planting trees, reforesting wasteland, cleaning rivers, protecting forest cover,
and population control measures, along with requisite governmental efforts.
Thus a citizen has both Rights and Duties. He enjoys rights and performs his duties. Rights
and Duties are the two sides of the same coin. A perfect balance between rights and
duties is must to achieve local and national development goals. Unless we promote the
culture of duty and responsibility, the aims and objectives enshrined in the Preamble, and
under Article 51A of the Constitution, cannot be truly achieved in letter and spirit.
Mains – Polity
The Indian Constitution is unique in its content and spirit, though borrowed from. Almost
every constitution of the world. It used these borrowed features in Indian context and is
evident from its various salient feature.
The borrowed features of Indian constitution.
The Indian Constitution Borrowed the provisions from more than 65 countries. These
borrowed features are.
• Import of Government of India Act, 1935: The constitution have included a large
number of the provisions of the Government of India Act of 1935 into the
Constitution of India. It include federal Scheme, Office of governor, Judiciary, Public
Service Commissions, Emergency provisions etc.
• borrowed from Britain: Britain ruled for India over 200 years. Thus major part of
polity is shaped according to Britain’s polity. E.g. Parliamentary government, Rule of
Law, Legislative procedure, Single citizenship, Cabinet system are from Britain
• Ireland: Many important parts are borrowed from Ireland. These are Directive
Principles of State Policy, Nomination of members to Rajya Sabha and Method of
election of president.
• Unites States of America: United States of America is democracy like India. India
borrowed many parts like Impeachment of the president, Functions of president and
vice-president, Removal of Supreme Court and High court judges, Fundamental
Right, Judicial review, Independence of judiciary and Preamble of the constitution
form USA which has helped India to thrive as largest democracy in the world.
• Canada: From Canada we inspired and modelled our polity as a union. Borrowed
provisions from Canada are Federation with a strong Centre, Vesting of residuary
powers in the Centre , Appointment of state governors by the Centre and Advisory
jurisdiction of the Supreme Court.
• Australia: From Australia Concurrent List, Freedom of trade, Commerce and intercourse and Joint sitting of the two Houses of Parliament were borrowed.
• Soviet Constitution (USSR, now Russia): Indian constitution borrowed Fundamental
duties and ideal of justice (social, economic and political) in the Preamble From
• Many other ideas were borrowed from Japan, France and South Africa. Thereby
Indian constitution borrowed significant portion from all over the world but it was
not a copy-paste, rather was a conscious adoption of strong provisions across the
world for Indian society.
The need for borrowing –
• For fulfilling the aspiration and goal of Indian society, the features, like
parliamentary form of government and independent judiciary is important.
• For providing right balance between certain values and norms by means of rule of
law and judiciary.
• To avoid any future conflict and insert unity and integrity, it provides for pan
Fundamental Rights Directive, principle of state policy and fundamental duties.
• To accommodate the new changes of to the Constitution. The features like
Constitutional Amendment maintains its rigidity and flexibility as well.
Thus , acknowledging these needs constitution maker blended their borrow features in
Indian context as it was the duty of our constitutional forefathers to draft a constitution to
fit a country so culturally diverse, and economically wide. Hence they made changes like –
• The rigidity and flexibility the Indian Constitution is neither rigid like American
Constitution of flexible like Britain, but synthesis of both. As Article 368 provides
for constitutional amendment.
• Quasi federal democracy. Unlike American Constitution, Indian Constitution is
blended to have federal system with unitary bias to accommodate the diversity of
India Even in political sense.
• Synthesis of parliamentary Sovereignty and judicial supremacy. Unlike British, where
Parliament is Sovereign and America where there is judicial supremacy, Indian
Constitution is synthesis of both. They both act to rescue each other and Guide to
• Integrated and independent judiciary. Unlike American judiciary, Indian judiciary is
integrated where Supreme Court is apex code with independent court at state and
district level. But the decisions of Supreme Court are. Admissible in Lower Court
with due course of action.
• Single citizenship. Though India have federal system It provides for single
citizenship, unlike USA where dual citizenship exist.
Thus , 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 never a blind borrowing. It was innovative borrowing.
If Question is like – do you think its copy paste work then you can write for –
• 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.
• 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.
Thus Indian constitution is not just a copy-paste work. Instead Indian constitution is a
result of dedicated learning of those makers. What we need to understand is that Indian
constitution is not a carbon copy of existing constitutions of the world. During India’s
independence era, we needed a quick constitution to start our united and free India. India
has taken great strides in making constitution.
Doctor Bhimrao Ambedkar described directive principles of state policy as novel features
of Indian Constitution. Since they denote the ideals that the state should keep in mind,
while formulating laws and policies. And in era of globalization and liberalization the
changing dynamics of society, the importance of directive principle of state policy has been
enhanced further Even in directive manners.
Directive principle of state policy.
• They are enshrined in part 4 of Indian Constitution from Article 36 to 51 and
borrowed from Irish Constitution in Indian context.
• It guarantees social and economical democracy and tries to establish a welfare
• Although, along with fundamental rights They contain the philosophy and soul of
Indian Constitution, They are not justiciable in nature – Means not legally
Relevance of directive principle of state policy in era of LPG and enhanced role –
• Bridging inequality – In the era of LPG, due to competitive environment , The
sustainable development has been at The margins. The increasing disparities,
unhealthy growth and rising income inequalities are some other affects of LPG.
➢ Since DPSPs are guiding principle for welfare state, hence it can create a
balance among social and economic progress by insuring equity as equal
wages , right to work etc.
• Insuring inclusive development. Since due to LPG the social inequalities are on rise
as per Oxfam report, India’s richest 1% hold 40% of national wealth and there are
more than 29% of population living in poverty.
➢ The DPSP can make state to realise its moral obligation on insuring
inclusive development and reducing social inequalities.
• Insuring fair market access practices. There is unfair market practices out of
competition and monopolistic tendencies due to globalization and want of creating
wealth. The directive principle of state policy can provide laissez faire business
environment in industries.
• In ensuring human rights – as LPG is profit sharing model , Which replace the
welfare model as many rights like right to clean environment, wages, gender
sensitivity are being compromised. Hence DPSP can guide state to keep in mind,
labours Right to equal wages, insure their effective participation in industries to
maintain balanced relationship and Inclusive growth.
• Accountability. In time of LPG where tendency is to win the race Out of a bid , there
is less accountability with respect to policy measures and their implementation at
government level. Hence DPSP become more important as it Allows citizens to hold
government accountable in policy formulation to avoid any mismatch and failures.
As a quality of work, minimum wages.
• Insuring environmental safety. Since environmental safety and its health is being
compromised over industrial needs, consumer demands and can be seen from
rising greenhouse emissions and global warming phenomena. hence Article 51 of
Indian Constitution guides the state to take care of environment and safeguard the
forest and wildlife. Hence DPSP Is important.
• Rights of women, children and other persons. It put a moral responsibility on state
towards gender equality in terms of wages, opportunity and work towards
enhancing women rights.
• In making healthy and skill India. The directive principle of state policy Directs the
government To take care of Education Of children Under 14 year of age. It also
provides the right to education, Right to work And also directs for healthy measures
Related to children women old people and working population.
• Since dpsp provides the provision and guides the government to protect the
milking animals Which Is crucial in doubling the farmer income by 2022 Because
rising global warming is directly affecting the agriculture sector.
Hence Directive principle of state policies role in the era of LPG is enhancing for achieving
inclusive and sustainable growth and development of Indian society and also in meeting
the agenda 2030 goals.