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INSIGHT GS MAINS TEST SERIES
INDIAN POLITY & CONSTITUTION
(Advance Level)
1. Comment upon the status of judicial accountability in India after the office of Chief Justice of India (CJI) comes
under the RTI Act.
Supreme Court has upheld the 2010 Delhi High Court Verdict and ruled that the office of Chief Justice of India is a
public authority under the right to information Act. The judiciary cannot function in total insulation as judges enjoy a
constitutional post and discharge public duty.
However, even after the historical judgement, Judicial Accountability has been found lacking in:
 Judicial Appointments - The collegium system in India presents a unique system wherein the democratically
elected executive and Parliament at large has no say in appointing judges.
 Removal of Judges- Impeachment under Article 124 (4) and Article 217 (1) of the Constitution is a longdrawn-
out and difficult process along with its political overtone.
 Conduct of Judges- where judges have been alleged to have indulged in corruption (Justice Ramaswami Case,
Justice Soumitra Sen), misappropriation, sexual harassment, taking post retirement jobs among others.
 Opacity in the operations of Judiciary- The judiciary claims that any outside body having disciplinary powers
over them who compromise their independence so they have set up an “in-house mechanism” investigating
corruption.
 Contempt of Court- Using the powers under the Contempt of Court Act, judiciary has been alleged to silence the
rightful critics also.
Measures which can be taken
 Bringing a new judicial standards and accountability bill to establish a set of legally enforceable standards to
uphold the dignity of superior judiciary and establish a new architecture to process the public complaints leveled
against the judges.
 A more formal and comprehensive Code of Conduct for Judges should be put in place, which is enforceable by
law.
 The Contempt of Court Act could be amended with following provision so Cases of contempt should not be tried
by courts but by an independent commission of concerned district.
 A two-level judicial discipline model with first level as a disciplinary system that can reprimand, fine or suspend
judges for misdemeanors along with providing them some limited measures of immunity; and, second level as a
system of removal of judges for serious misconduct, including corruption must be established.
 Increasing the transparency in public hearing in the courtrooms- Last year, the Supreme Court approved the
live-streaming of court proceedings of cases of constitutional importance. This provision could be extended to
the other cases and High Courts also.
 Independent judicial Lokpal may be set up with power to take up complaints and initiate action against judges
should be set up to ensure accountability of the judiciary. It should be independent from both the judiciary and
the government.
The RTI Act is a strong weapon that enhances accountability, citizen activism and, consequently, participative
democracy. In this context, the judgement can give a fillip to people’s quest for transparency and accountability.
2. Do you agree with the view that the position of the Parliament has declined in India? Give arguments in
support of your answer.
Representative democracy and parliamentary institutions have endured in India for more than seven decades. It is a
great tribute to India's democratic framework.
 The Constitution of India provides for a parliamentary form of government, both at the Centre and in the States,
where executive is responsible to the legislature for its policies and acts under Articles 74 and 75, which deal
with the parliamentary system of government at the Union level and Articles 163 and 164 contain provisions
with regard to the States.
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However, in recent years there is a debate regarding the declining standards of the Indian Parliament due to:
 Criminalisation of Politics: According to a report by the Association for Democratic Reforms (ADR), the
proportion of legislators with criminal cases against them has continuously increased. It stood at 15% in the year
2009 moving to 19% in 2019. This has impacted the standards of democratic discussions, debate and dissent.
 Dominance of Archaic Laws: India is a young nation but it is still ruled by old laws. These laws are inadequate in
addressing contemporary challenges for example, the police is governed by such colonial-era statutes as the
Police Act of 1861, which predates independence by nearly a century.
 Anti-Defection Law: The Anti-defection law
(Tenth Schedule of the Constitution) states
that the Speaker/Chairman of the
legislature is the final authority to decide on
the disqualification of a legislator.
o However, the role of the presiding officers
has become increasingly politicized. Thereby
creating doubts over Speaker's role vis-à-vis
anti-defection law being biased, as recently
seen in the Karnataka political crisis.
 Decline of Representative Democracy: As
per Anti-defection law, the legislators have
to vote as per party whip. Due to this,
legislators are compelled to vote on party
lines irrespective of their local or regional
interest. This has narrowed scope of democracy dissent and divergent views.
o India has first past the post electoral system, which means that candidates winning the highest number of votes
gets elected. This leads to neglect of representation of voters who voted for another candidate. Also, this system
of voting is not suitable for the representation of minorities, raising questions on representation.
 Skewed Gender Ratio: Only 14.3% (78) of the total members in the current parliament are women. All these
factors taken together defeat the intended purpose of representative democracy.
 Lowering Standards of Parliamentary Scrutiny: In order to ensure that Parliament discharges its law-making
responsibilities effectively, the concept of Department-related Standing Committees was introduced in March
1993. These committees are meant to scrutinize legislation pertaining to specific ministries.
o However, the majority of the bills were passed by the Parliament through a voice vote, without much debating
and without referring them to the parliamentary committees.
o For example, RTI Amendment Act (2019), UAPA Amendment Act (2019) - which have huge implications on civil
liberties, were passed without referring them to the Parliamentary committee.
 Frequent Elections: India is a Union of 28 states, thereby putting India in a continuous cycle of Lok Sabha and
State Legislative Elections. The frequent elections lead to massive expenditure and policy paralysis (due to
imposition of the Model Code of Conduct during election time).
 Parliamentary Privileges Curbing Freedom of Speech: Parliamentary privileges under Article 105, are sometimes
used to curb freedom of the press through Strategic lawsuit against public participation (SLAPP).
 Weakened Opposition in India: Democracy works on the principle of checks and balances. It is these checks and
balances that prevent democracy from turning into majoritarianism. In Parliamentary system, these checks and
balances are provided by the opposition party. However, the majority of a single party in the Lok Sabha has
diminished the role of an effective opposition in the Parliament.
Suggestion for Improving Parliament role in strengthening participatory and representative democracy:
 Legislative Impact Assessment
o A detailed framework for pre and post Legislative Impact Assessment was needed.
o Every legislative proposal must incorporate a detailed account of social, economic, environmental and
administrative impact for wider awareness and subsequent legal assessment.
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o A new Legislation Committee of Parliament to oversee and coordinate legislative planning should be
constituted.
 Codification of Privileges
o The privileges of legislators should be defined and delimited for the free and independent functioning of
Parliament and state legislatures.
o Article 105 may be amended to clarify the extent of immunity enjoyed by members under parliamentary
privileges
 Parliamentary committee reforms: Measures for the effective functioning of Department Related Standing
Committees like longer tenure (instead of the present one year), promoting specialization, etc ,are needed.
 Review of Anti-Defection law
o In order to revive debate and deliberations in the Parliament, the use of whip can be restricted to no-
confidence motion only.
o The adjudicating power of speaker vis-à-vis anti-defection law can be transferred to Election Commission of
India.
 Curbing Criminalization of Politics: The Supreme Court in 2017 asked the Central government to have the 12
promised special courts up and running by March 2018 to try criminal politicians in a time-bound manner within
the maximum period of a year. However, till now only 7 such courts are operational.
o In order to curb the use of money in the elections, India must adopt state funding of election. For that
purpose, a national electoral fund can be constituted, which will comprise all political donations.
 Statutory Reforms: The Hybrid system of voting can be brought by amending Representation of People's Act of
1951. However, simultaneous election will require constitutional amendment.
o Hybrid system of voting: It is a mix of both first-past-the-post and proportional representation voting
system.
o It was recommended by the Law Commission in its 170th report which suggested that 25% or 136 more
seats should be added to the Lok Sabha and be filled by proportional representation This will lead to better
representation of all sections of society.
 Simultaneous election: It will save public money, reduce the burden on administrative setup and security forces,
ensure timely implementation of the government policies.
o It will also ensure that the administrative machinery is engaged in developmental activities rather than
electioneering.
 Strengthening of Election Commission of India: Statutory backing to Model Code of Conduct: It is expedient to
give statutory backing to the Model Code of Conduct leaving no vacuum for the Election Commission of India
(ECI) to exercise its residuary power to enforce the Model Code of Conduct.
 Strengthen the Role of the Opposition by forming the institution of shadow cabinet. ‘Shadow Cabinet’ is a
unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet
and to prepare its members for future ministerial office. In such a system each action of Cabinet Minister must
be countersigned by the minister in the shadow cabinet.
The founding fathers of Indian Constitution adopted Parliamentary system of government by considering the fact
that it will be more suitable to India’s pluralism and heterogeneity character.
In order to keep the values of our parliamentary democracy we should elect only morally trained representatives;
and the members of the Parliament and State Assemblies should set themselves as an example for the public,
especially the youth.
3. The Election Commission of India (ECI) is entrusted with the task of conducting ‘free and fair’ elections in
India. In the backdrop of allegations against ECI in the last general elections, discuss the structural reforms
needed in the Commission.
A free, fair and unbiased electoral process along with greater citizen participation is fundamental to safeguarding
the values of a democracy. However, in the recent General Election for the 17th Lok Sabha, the role of Election
Commission of India has been debated over its various actions, which has long term implications:
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 Breakdown of democratic principles- such as free and fair elections, observation of common Model Code of
Conduct among others.
 Erosion of institutional integrity- whereby the credibility and authority of the commission is undermined.
 Loss of people’s trust in elections- If people lose faith in the institutions of democracy, thecredibility of the
consent obtained through electoral verdicts itself will be in doubt.
 Degradation of political discourse- where barriers of civility and decency are not respected by the politicians
and abuse of power becomes a norm. This also results into issues of national/local importance taking a backseat
and personal rivalries among candidates coming to fore.
 Politicisation of the Election Commission- since the Chief Election Commissioner is not barred from post service
posts, the critics allege CEC’s independence is prone to being compromised.
Structural reforms needed in the Commission
 In its 255th report, the Law Commission recommended a collegium, consisting of the Prime Minister, the
Leader of the Opposition and the Chief Justice of India for the appointment of the Election Commissioners.
 Give constitutional protection for all three-election commissioners as opposed to just one at present
 Institutionalize the convention where the senior most EC should be automatically elevated as CEC in order to
instil a feeling of security in the minds of the ECs and that they are insulated from executive interference in the
same manner as CEC.
 Reducing the ECI’s dependence on DoPT, Law Ministry and Home Ministry. The ECI should have an independent
secretariat for itself and frame its own recruitment rules and shortlist and appoint officers on its own.
 Its expenditures must be charged upon the Consolidated Fund of India similar to other constitutional bodies
such as the UPSC.
The challenge before the commission is to be vigilant and watchful against the collusion at the lower level of civil and
police bureaucracy in favour of the ruling party of the day. Thus, there is a need to provide more legal support to the
commission’s mandate and the processes that support that mandate.
4. The doctrine of Judicial Review has helped in strengthening the constitutional morality. Comment.
Judicial Review is the power of the courts to consider the constitutionality of acts of organs of Government (the
executive and legislature) and declare it unconstitutional if it violates or is inconsistent with the basic principles of
Constitution.
On the other hand, Constitutional morality means adherence to the core principles of the constitutional democracy.
It mean an effective coordination between conflicting interests of different people and the administrative
cooperation to resolve the issues without any confrontation amongst the various groups. It is a sentiment to be
cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with
values and ethics.
Judicial review helps in strengthening the constitutional morality by
1. To ensure fairness in administrative action: In 2015, the SC struck down Section 66(A) of the amended
Information Technology Act, 2000 as the section fell outside Article 19(2) of the Constitution, which relates to
freedom of speech.
o Justice K.S. Puttaswamy vs. Union of India (2017): SC ruled that Fundamental Right to Privacy is intrinsic to life
and liberty and thus, comes under Article 21 of the Indian constitution.
2. To protect the constitutionally guaranteed fundamental rights of citizens: The Supreme Court decriminalized
homosexuality by strucking off parts of Section 377 of the Indian Penal Code (IPC) which were held violative of
Fundamental Rights of LGBTQ Community.
o SC made it clear that Article 14 of the Constitution guarantees equality before law and this applies to all classes
of citizens there by restoring ‘inclusiveness’ of LGBTQ Community.
o SC upheld the pre-eminence of Constitutional morality in India by observing that equality before law cannot be
denied by giving precedence to public or religious morality.
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 Other Cases: Vishakha guidelines on sexual harassment were issued by the Supreme Court, the order of the
Court directing the Centre to distribute food grains (2010) and the appointment of the Special Investigation
Team to replace the High Level Committee established by the Centre for investigating black money deposits in
Swiss Banks.
3. To rule on questions of legislative competence between the centre and the states: In S.R Bommai vs Union of
India SC gave one of the landmark judgements regarding the basic structure doctrine, as well as, regarding the
blatant misuse of Article 356. It ended the practice of arbitrarily dismissing the state government by the central
government.
Conclusion
Judicial review is a tool with Judiciary to achieve the goals enumerated in the Constitution, embodying the will of the
people not only to govern them but to achieve them i.e. Justice, Social, Economic and Political, a triune
phenomenon inscribed as a pledge in the Preambular glory of our Constitution, for which adherence to
Constitutional Morality and Judicial Values is inalienable in accomplishing it.
5. Explain the various mechanisms of ‘Alternative Dispute Resolution (ADR)’. How does it hold significance for
India?
Alternative Dispute Resolution (ADR) is a mechanism of dispute resolution that is non adversarial, i.e. working
together co-operatively to reach the best resolution for everyone. It can be instrumental in reducing the burden of
litigation on courts, while delivering a well-rounded and satisfying experience for the parties involved.
o It provides the opportunity to "expand the pie"
through creative, collaborative bargaining, and
fulfill the interests driving their demands.
ADR is generally classified into the following types
 Arbitration- Arbitration is a process in which a
neutral third party or parties render a decision
based on the merits of the case. The process of
arbitration can start only if there exists a valid
arbitration agreement between the parties
prior to the emergence of the dispute.
 Mediation- The Process of mediation aims to
facilitate the development of a consensual
solution by the disputing parties. The
Mediation process is overseen by a non-
partisan third party - the Mediator. The authority of the mediator vests on the consent of the parties that he
should facilitate their negotiations.
 Conciliation- This is a process by which resolution of disputes is achieved by compromise or voluntary
agreement. In contrast to arbitration, the conciliator does not render a binding award. The parties are free to
accept or reject the recommendations of the conciliator.
 Lok Adalat: They are constituted under the Legal Services Authorities Act, 1987. It is a form of a public
conciliation, presided over by 2 or 3 people who are judges or advocates with experience. They have been given
powers of a civil court up to a limited extent.
 Nayaya Panchayats: These village courts are guided by local traditions, culture and behavioural patterns of the
village community and thus instill confidence in the administration of justice. Pecuniary claims of upto Rs. 200
may be taken. Its criminal jurisdiction extends to minor cases of Negligence, trespass, nuisance etc. Emphasis is
laid on conciliation.
Advantages of Alternative Dispute Resolution
 Less time consuming: people resolve their dispute in short period as compared to courts
 Cost effective method: it saves lot of money if one undergoes in litigation process.
 It is free from technicalities of courts, as informal ways are applied in resolving dispute.
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 People are free to express themselves without any fear of court of law. They can reveal the true facts without
disclosing it to any court.
 Efficient way: It prevents further conflict and maintains good relationship as there are always chances of
restoring relationship back as parties discuss their issues together on the same platform.
 Ease of doing business: The World Bank’s Ease of Doing Business ranking for 2017 reveals that India continues to
fare badly on enforcement of contracts, with an average of 1,420 days taken for enforcement. Improving
enforcement would attract foreign as well as domestic investments
 Institutionalisation of ADR: to protect India’s foreign exchange reserves as Indian companies lose significant
amount of foreign Exchange on arbitration that usually happen in foreign countries like Singapore.
Limitations of ADR
 There is no guarantee of resolution unlike the case in traditional Judiciary.
 Forcible transfer of cases by Judiciary to end pendency of courts.
 The arbitration decisions are final and cannot be repealed in any court. In such a situation chances of one party
feeling cheated are higher in case of a biased arbitrator. However, concerned Party can initiate litigation by
approaching the court of appropriate jurisdiction.
 Unfamiliarity with the procedure and lack of awareness
 Informal and more opportunity for abuse of power as many parties are absent during the process.
ADR in India
 Historical Approach: Panchayats in India are the earliest known ADR mechanism. It has long been the part of
Indian culture to take the help of an unbiased third party to reach a decision.
 Report of Justice Malimath Committee (1989-90) also suggested the need for establishing ADR mechanism as a
viable alternative.
 Arbitration and Conciliation (Amendment) Act, 2019 was passed in Parliament, to facilitate institutional
arbitration and help in making India a centre of robust ADR mechanism.
Conclusion
The fundamental requirement of a good judicial administration is accessibility, affordability and speedy justice,
which will not be realized until and unless the justice delivery system is made within the reach of the individual in a
time bound manner and within a reasonable cost. ADR can play a key role in strengthening and reinforcing the
justice delivery system in India.
6. The increased ‘Tribunalisation of Justice’ having its roots in the 42nd Amendment has affected the cardinal
principle of Separation of Powers. Comment.
Introduction
42nd Amendment of the Constitution added Part XIV(A) which provided for administrative tribunals and tribunals for
other matters.
A tribunal is a quasi-judicial body established by an Act of Parliament or State Legislature under Article 323A or 323B
to resolve disputes that are brought before it. It is not a court of law, but enjoys some of the powers of a civil court,
viz., issuing summons and allowing witnesses to give evidence. Its decisions are legally binding on the parties, subject
to appeal.
Tribunalisation of Justice and Separation of Powers
Tribunalisation of justice means over reliance on tribunals to resolve disputes that may follow the letter but not the
spirit of rendering justice to the people. Tribunalisation of Justice violates against the Separation of Powers:
 Under the Doctrine of Separation of Powers, the Judiciary is given the role of rule adjudication and functions
independent of the executive and legislature. Since a tribunal is not a court of law it does not form part of
judiciary. It is controlled and manned partly by the Executive. Thus it goes against the principle of separation of
powers and allows the Executive to perform limited rule adjudication functions.
 The Constitution protects the independence of the judiciary in terms of qualifications, mode of appointment,
tenure and mode of removal, which is not available to members of tribunals. They come under the control of the
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Executive. The Executive is the largest litigant in the country and creates a conflict of interest wherever the
government is a party to disputes before the tribunals.
Law Commission Recommendation
 The Commission stated that the selection of members should be impartial. It suggested that the involvement
of government agencies should be minimal, since the government is typically a party in every litigation.
 The Commission recommended that the chairman, vice-chairman, and judicial members of tribunals should
be appointed by a selection committee headed by the Chief Justice of India or a sitting judge of the Supreme
Court.
 The appointment of other members such as administrative members, accountant members and technical
members should be undertaken by a separate selection committee headed by a nominee of the central
government, appointed in consultation with the Chief Justice of India.
7. Does the principle of redistributive justice goes against the fundamentals of equality. Comment.
Aristotle stated that Distributive justice means each and every individual of a society should be given an
opportunity to develop his inherent potentials. In the distribution of such material resources all person should have
equal consideration and chances.
Distributive justice is concerned with the just distribution of societal burdens and benefits. Distributive justice is
based on the notion of proportional equality i.e. treating equals equally and unequal unequally. Indian Constitution
provides Justice i.e. Social Justice, Economic Justice and Legal Justice, which are part and parcel of doctrine of
Distributive Justice.
 Social Justice: It implies in the Indian context, programmes aimed at equality before law, equal opportunity,
alleviation of poverty, bridging of the gap between the have and the have-not, re-distribution of material
resources, betterment of conditions of labour and removal of caste disabilities etc. Example: Reservation policy
of State.
 Economic Justice: It means the banishment of poverty, not by expropriation of those who have but by the
multiplication of the national wealth and resources and an equitable distribution thereof amongst all who
contribute towards its production. It aims at establishing economic democracy and a welfare state as envisaged
by the directive principles under Article 39.
o Example: Progressive Taxation Policy; Equal Remuneration Act 1976,
 Legal Justice: The protection of law to poor, illiterate and weak is important to ensure equal justice. Legal aid is
one of the means to ensure that the opportunities for securing justice are not denied to any person by reason of
poverty, illiteracy, etc.
o Article 39-A directs the State to ensure that the operation of the legal system promotes justice on a basis of
equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
o Example: The Legal Services Authority Act, 1987 has been enacted to constitute the Legal Service Authorities
to provide free and competent legal services to the weaker sections of the society to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities
and to organise Lok Adalats to secure that the operation of the legal system promotes justice.
Indian Constitution talks about ‘equality before Law’ and ‘Right to live with dignity’ under Articles 14 & 21
respectively, which are soul of Governance of Constitution. Thus, principle of redistributive justice doesn’t goes
against the fundamentals of equality instead it tries to enhance and establish equality in not just letter but in spirit
too.
8. How far Indian federalism deviate from the classical features of the federal system? Discuss.
Federalism is a system of government in which power is divided between a central authority and constituent political
units.
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 The Constitution of India establishes a federal structure to the Indian government, declaring it to be a "Union of
States". Indian model of federalism is called quasi-federal system as it contains major features of both a
federation and union.
Provisions of the Constitution that deviate from the classical features of the federal system
 Unlike in other federations, the states in India have no right to territorial integrity.
 Union has the power to make new states or alter the boundaries of existing states.
 Union has the power to make laws on state matters and if both state and union adjudicate on a certain matter,
the latter will prevail.
 During an emergency, the central government becomes all powerful and the states go into the total control of
the centre.
 The Governor is appointed by the President. Through him the centre exercises control over the states.
 The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration
of the president. The president enjoys absolute veto over state bills.
Issues Revolving Federalism
 For a country like India which is divided on the linguistic and communal basis, a pure federal structure could lead
to disruption and division of states.
 India’s federal character has undergone, over the past sixty years, many trials and tribulations.
 Formation of Telangana under Article 3 of the constitution raised a lot of questions against the federal nature of
the polity.
 100th amendment of the constitution where land was transferred to Bangladesh posed as a threat to federalism
in India.
 On the introduction of GST, critics argue on the autonomy of states.
 The continued existence of provisions such as Article 356 (President’s rule) goes against the grain of federalism.
 States such as Karnataka, Tamil Nadu have asserted their linguistic and cultural rights in the wake of the Centre’s
interventions such as a promotion of Hindi.
 States are perceiving that their progress is being penalised: While the southern States contribute to the nation
economically, they don’t occupy a central space politically and are further marginalised culturally.
 Disputes between states over sharing of river water, for example between Karnataka and Tamil Nadu over
Cauvery water.
Supreme Court on Federal character.
 State of Karnataka v. Union of India - The Indian Constitution is not federal in character but has been
characterized as quasi-federal in nature.
 Kesavananda Bharati v. State of Kerala - Federalism to be a part of the basic structure of the constitution which
means it can’t be tampered with.
Suggestion to overcome the conflict
 There is a need to strike a balance between both unitary and federal features of the country.
 States should be autonomous in their own sphere but they can’t be wholly independent to avoid a state of
tyranny in the nation.
 Long-term solution is to foster genuine fiscal federalism where states largely raise their own revenue
 Creating a fiscal structure where the states have greater revenue-raising authority, as well as greater decision
making power on spending.
 India needs to move away from centralization-decentralization thinking, and embrace genuine fiscal federalism
by permanently creating a fiscal power centre in the states.
9. Fifth and Sixth Schedules of the Indian Constitution provide for special governance mechanisms in the tribal
areas. In this context, compare and contrast the provisions of Fifth and Sixth Schedules. Rationale behind Fifth
Schedule
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‘The scheduled areas are treated differently from the other areas in the country because they are inhabited by
‘Aboriginals’ who are socially and economically rather backward, and special efforts need to be made to improve
their condition. Therefore, the whole of the normal administrative machinery operating in a state is not extended to
the scheduled areas and the Central government has somewhat greater responsibility for these areas.’
Rationale behind Sixth Schedule
“The tribes in Assam, Meghalaya, Tripura and Mizoram have not assimilated much the life and ways of the other
people in these states. These areas have hitherto been anthropological specimens. The tribal people in other parts of
India have more or less adopted the culture of the majority of the people in whose midst they live. The tribes in
Assam, Meghalaya, Tripura and Mizoram, on the other hand, still have their roots in their own culture, customs and
civilization. These areas are, therefore, treated differently by the Constitution and sizeable amount of autonomy has
been given to these people for self-government.”
Comparison of Fifth and Sixth Schedule
Fifth Schedule (Scheduled Areas) Sixth Schedule (Assam,
Meghalaya, Tripura and Mizoram)
Area Covered Notified districts or parts thereof in 10 Assam: North Cachar Hills District,
States: Himachal Pradesh, Rajasthan, Karbi Anglong District and
Gujarat, Maharashtra, Andhra Pradesh, Bodoland Territorial Areas District.
Telangana, Odisha, Jharkhand, Meghalaya: Khasi Hills District,
Chhattisgarh and Madhya Pradesh Jaintia Hills District and Garo Hills
District.
Tripura: Tripura State, except
Shillong Municipal and Cantonment
Area
Mizoram: Chakma District, Mara
District & Lai District.
Irregular Functions of Similar to Art.339, but scope is wider Governor’s power of determining
President/Governor than mere planning- execution of any dispute over sharing of royalty
Schemes and covers “Administration of or fees pertaining to mining
Scheduled Areas.” The Governor is between District Council and the
authorized to direct that any particular State is discretionary.
Act of Parliament or of the Legislature
of the State shall not apply to a
Scheduled Area or shall apply, only
subject to exceptions or modifications.
The Governor is also authorized to
make regulations to prohibit or restrict
the transfer of land by, or among
members of the Scheduled Tribes.
Type of Special Body Tribal Advisory Council (Autonomous) District Council &
(Autonomous) Regional Council
Domain of Legislative Power No legislative power available. Tribes The district and regional councils
of Special Body Advisory Councils are to be constituted administer the areas under their
to give advice on such matters as jurisdiction. They can make laws
welfare and advancement of the on certain specified matters like
Scheduled Tribes. land, forests, canal water, shifting
cultivation, village administration,
inheritance of property, marriage
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and divorce, social customs and so
on. But all such laws require the
assent of the governor.
Administration of Justice by No Judicial power available. The district and regional councils
Special body within their territorial jurisdictions
can constitute village councils or
courts for trial 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.
General Administration No executive power available. The district council can establish,
(Executive Functions) by construct or manage primary
schools, dispensaries, markets,
special body
ferries, fisheries, roads and so on in
the district. It can also make
regulations for the control of
money lending and trading by non-
tribals. But, such regulations
require the assent of the Governor.
Taxing Power and Finances of No taxation power available The district and regional councils
Special Body are empowered to assess and
collect land revenue and to impose
certain specified taxes.
Extension of Legislative Acts All State and Union Acts (including The acts of Parliament or the state
of State and Union CPC, CrPC, IPC etc.) extend legislature do not apply to
automatically to Scheduled Areas, but autonomous districts and
Governor may prohibit their autonomous regions or apply with
application or adapt these laws, after specified modifications and
commencement (It is disputed as to exceptions.
who is to initiate and affirm such
adaptation). Panchayati Raj and
Municipalities Act not to extend
automatically.
Conclusion
The basic thrust of the Fifth and Sixth Schedule of the Constitution is the protection of cultural distinctiveness of
Tribal. Both provides protection to the tribals on account of their economic disadvantages so that they could
maintain their tribal identity without any coercion or exploitation.
10. Critically examine the impact and role of the pressure groups in the Indian political system.
A pressure group is a group of people who are organised actively for promoting and defending their common
interest. It is called so, as it attempts to bring a change in public policy by exerting pressure on the government. It
acts as a liaison between the government and its members.
 The pressure groups are also called interest groups or vested groups. They are different from the political
parties, as they neither contest elections nor try to capture political power. They are concerned with specific
programmes and issues and their activities are confined to the protection and promotion of the interests of their
members by influencing the government.
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 The pressure groups influence the policy-making and policy implementation in the government through legal
and legitimate methods like lobbying, correspondence, publicity, propagandising, petitioning, public debating,
maintaining contacts with their legislators and so forth.
 Examples: Trade associations like FICCI, ASSOCHAM, farmers groups like BKU, different trade unions like AITUC,
students organisations like ABVP and NSUI and even RWAs of our colonies.
Role of Pressure Groups: Freely operating pressure groups are essential to the effective functioning of liberal
democracy.
 They serve as a vital intermediary institutions between government and society;
 They assist in the dispersal of political power;
 They provide important counterweights to balance the concentration of power.
 They enable new concerns and issues to reach the political agenda, thereby facilitating social progress and
preventing social stagnation. For example, the women’s and environmentalist movements.
 They increase social cohesion and political stability by providing a ‘safety-valve’ outlet for individual and
collective grievances and demands.
 They complement the work of opposition political parties by exposing the bad policies and wrongdoings of the
government. Pressure groups thereby improve the accountability of decision makers to electorates.
 They help to educate people, compile data and provide specific information to policy makers, thus they work as
an informal source of information. Active constructive participation of numerous groups in polity helps to
reconcile general interest with individual group interests.
Impact of Pressure Groups:
 Interest Articulation: Pressure Groups bring the demands and needs of the people to the notice of the decision-
makers. The process by which the claims of the people get crystallized and articulated is called interest
articulation.
 Agents of Political Socialisation: They influence the orientations of the people towards the political process and
play a vital role as two-way communication links between the people and the government.
 Role in the legislative process by engaging in lobbying with the legislators for securing desired laws or
amendments in laws and policies of the government.
 Pressure Groups and Administration: Through lobbying with the bureaucracy, they are usually in a position to
influence the process of policy implementation.
 Role in Judicial Administration: Pressure Groups try to use the judicial system for securing and safeguarding
their interests. Interest groups often seek access to the court for redressal of their grievances against the
government as well as for getting declared a particular decision or policy as unconstitutional.
 Role in the formulation of public opinion by placing the pros and cons not only before its members but also
before the general public for eliciting popular support as well as for catching the attention of the government.
Eg: Narmada Bachao Andolan and Chipko movement,
Limitation of Pressure Groups
 Narrow selfish interests: In India these groups are organised around religious, regional and ethnic issues where
many a time factors of caste and religion eclipse the socioeconomic interests. The result is that instead of
serving a useful purpose in the political administrative process, they are reduced to work for narrow selfish
interests.
 Misuse of power: Instead of the pressure groups exerting influence on political process, they become tools and
implements to subserve political interests.
 Instability: Most pressure groups do not have autonomous existence; they are unstable and lack commitment,
their loyalties shift with political situations which threatens general welfare. They many a times resort to
unconstitutional means like violence. Naxalite movement started in 1967 in West Bengal is one such example.
 Propagating extremism: Pressure groups can allow too much influence over the government from unelected
extremist minority groups, which in turn could lead to unpopular consequences.
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Conclusion
 Pressure groups are now considered as an indispensable and helpful element of the democratic process. The
society has become highly complex and individuals cannot pursue their interests on their own. They need the
support of other fellow beings in order to gain greater bargaining power; this gives rise to pressure groups based
on common interests.
 Democratic politics has to be politics through consultation, through negotiation and some amount of bargaining
is also involved. Thus, it is very essential for the government to consult these organised groups at the time of
policy formulation and implementation.
11. ‘Though Rajya Sabha and Lok Sabha are to act in tandem to ensure the smooth functioning of Parliament,
there may arise occasions when the two Houses may disagree.’ Examine and illustrate the statement.
The Parliament in India is constituted by three components namely the President of India, the Lok Sabha and the
Rajya Sabha. The President of India heads the parliament of the country.
 Lok Sabha is the house of people.
The members of the Lok Sabha
also called as the MPs are
elected by the common people in
the country who are eligible to
vote during the general
elections.
 Rajya Sabha is the council of
states and the members of the
Rajya Sabha are elected
indirectly by the elected
representatives of the people in
the assemblies of different states
and union territories in the
country.
They both are essential component
of Indian polity. However,
disagreement between the two
Houses may arise when a Bill passed
by one House is rejected by the other
House; or the Houses have finally
disagreed as to the amendments to
be made in the Bill; or more than six
months lapse from the date of the
reception of the Bill by the other
House without the Bill being passed
by it. This disagreement between the
houses is important for a thriving and
vibrant democracy like ours
Importance of Rajya Sabha
 Permanent House: Rajya Sabha
is never dissolved. Hence it
provides the nation leadership
and stability in the times when
Lok Sabha is not constituted. It
also acts as a check against any abrupt changes in the composition of the Lower House.
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 Guard against populist measures: While Lok Sabha may work under populist compulsions; Rajya being the
permanent and less political house can take a deeper and non-populist look at bills and issues at hand. It also
provides a second opinion on crucial issues of national interest.
 Representation of States: Rajya Sabha has representatives from State, hence interests of states are reflected
and guarded by the Rajya Sabha.
 Space for Experts: Rajya Sabha provides a space for experts in their fields to voice their opinion on crucial
legislative matters.
 Sharing the legislative burden: Legislatures, the world over, are grappling with increasing demand to legislate on
newer areas. The Upper House thus becomes much more useful in sharing the burden of the Lower House.
However, Rajya Sabha has been criticized as legislative output of the Rajya Sabha has been falling. In 2009-2014, it
cleared 188 Bills and in 2004-09 it cleared 251 Bills.
 Reduced Significance: On the matters of importance like the money bill and the budget, Rajya Sabha has little
say which reduces its significance compared to Lok Sabha.
 Chamber for political end seekers: The Upper House has become a ground for party fund-raisers, those who lost
in elections, crony capitalists, journalists, retired CEOs and civil servants.
 Hindrance to speedy Legislation: Given the competitive politics today, Rajya Sabha is also used byopposition
parties to hinder speedy legislation, which is detrimental to the growth of the nation.
 Frequent disruptions in recent times is also undermining the deliberative and accountability functions of the
upper house.
o Since 2014, the Upper House has been unable to function for 40% of its allotted time due to disruptions.
Way forward
 Legislative Measures: Parliament (Enhancement of Productivity) Bill, 2017 should be taken up which seeks to fix
the minimum number of days (100 days for Rajya Sabha) in which parliament shall be in session.
o National Commission to Review the Working of the Constitution (NCRWC) has also recommended the
minimum number of working days to be 120 and 100 respectively for Lok sabha and Rajya Sabha.
 Performance related pay: There is also a call for linking salaries of legislators to their performance and
attendance in Rajya Sabha.
 Stricter Rules of Procedure and conduct of business to deal with the unruly behavior – shouting, sloganeering of
certain members so that time of the Rajya Sabha is not lost.
 Reviewing the Anti-Defection Law as it gives sweeping powers to the political parties. If the party decides to not
let parliament function then MPs cannot deviate from their decision even if they think differently.
 Sustained Evaluation of performance of our parliament and the MPs on regular intervals can be undertaken by
Citizen’s pressure groups to put pressure on MPs to perform and let parliament do its designated work.
12. How is ‘Minorities’ defined in India? Critically examine the role of National Commission for Minorities (NCM)
in safeguarding the rights of minorities in India.
Introduction
Sec 2(c) of the National Commission for Minorities Act, 1992, under which the NCM was constituted, defines
“minority”, for the purposes of the Act, as a community notified as such by the Central Government.
National Minorities Commission of India is a statutory body set up under the National Commission for Minorities Act,
1992 mandated to protect the rights of the religious minorities in India.
Definition of Minorities in India
The Constitution of India grants special fundamental rights for the protection and advancement of minorities in
India. However, the term “minority” itself is not defined in the Constitution. Articles 29 and 30 when read together
primarily refers to religious and linguistic minorities.
Currently, the linguistic minorities are identified on a state-wise basis thus determined by the state government
whereas religious minorities are determined by the Central Government at the national level.
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Structural Inefficiencies and Challenges
Successive governments in India have been merely strategically compliant to the cause of protection of minority
rights while NCM as an institution suffers from several major structural inefficiencies and challenges. The
Commission is unable to effectively deliver on its mandate due to various challenges which result in inefficiencies.
Role and function of National Commission for Minorities: It is a forum for appeal, set up to safeguard the rights and
interests of India’s minority communities.The NCM Act lists 9 functions of the Commission:
 To evaluate the progress of the development of minorities under the Union and states.
 To monitor the working of safeguards provided in the Constitution and in union and state laws.
 To make recommendations for effective implementation of safeguards for the protection of minority interests.
 To look into, and take up, specific complaints regarding deprivation of rights and safeguards of minorities.
 To get problems of discrimination against minorities studied, and recommend ways to remove them.
 To conduct studies, research, analysis on socioeconomic and educational development of minorities.
 To suggest appropriate measures in respect of any minority to be undertaken by central or state governments.
 To make periodic or special reports to the Centre on any matter concerning minorities; especially their
difficulties.
 To take up any other matter that may be referred to it by the central government.
The NCM currently faces three types of institutional challenges which have been classified as:
1. Capacity Related Challenges: The first set of institutional challenges for NCM is related to its capacity to perform
its functions.
The composition of NCM over the years shows inconsistencies in the staffing and appointments of key officials in the
Commission. The problem of vacant positions has persisted over time across successive commissions. The Vice
Chairman’s position in NCM remained vacant from December 2012 to April 2017 (fifth and sixth Commissions). There
have been instances when, for months, the commission has been headless i.e., without a Chairperson and with “just
one out of the eight stipulated members”. The Commission is unable to effectively fulfill its mandate when the key
positions of Commission Members remain unstaffed.
 This lack of case processing capacity is further aggravated by the lack of integration of Minority Commissions in
the states with the National Minorities Commission. Only 16 states have set up minorities commissions,
however, and those too remain understaffed and largely dysfunctional in the absence of a regular monitoring
mechanism of the State Commissions workings. Since there is hardly any defined hierarchy or chain of filtration
of cases from the state commissions to NCM, the latter is overburdened with cases that could have been
resolved at the state level.’
 Another barrier is the underutilization of the technological capacity. While the Commission does utilize a
complaint monitoring system, it is still rather basic software which does not by itself facilitate an end-to-end
complaint handling mechanism.
2. Financial Planning & Expenditure Related Challenges: Financial allocation and expenditure planning remains a
key challenge for NCM. While conducting “studies, research and analysis on the issues relating to socio-
economic and educational development of minorities” is one of the primary mandates of NCM, only a small
proportion of the allocated budget of the Commission is spent in research activities and majority of which was
spent on salaries.
3. Legal & Constitutional Authority Related Challenges: The institutional reform for minorities has historically
been weak as the Commissions, including the NCM, haven’t been provided with any “teeth” in terms of their
legal capacity to carry out their Constitutional mandate. In the case of NCM, the absence of any constitutional
power to conduct independent enquiries in cases of transgression of minorities’ rights, and especially in cases of
communal violence, render the Commission legally incapacitated to fulfill its duty. Likewise, State Minority
Commissions are not given adequate powers to implement, monitor, and review developmental programs and
welfare schemes.
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Recommendations
Considering the complexity of the problems faced by the National Minorities Commission, a system thinking
approach may be suitable to find some solutions:
 Staffing Needs Assessment: At regular intervals, conducting a staffing needs assessment may be a useful
solution to address the problem of vacant positions at the leadership level.
 Setting Baseline Targets to keep Pendency in Check: To reduce pendency of cases at the organizational level,
the Commission should set certain baseline targets related to the pendency rates.
 Technological Upgrades for Efficiency: Technological upgrades including investment in more sophisticated
information management systems could help reduce the pendency rates of cases in the Commission.
 Expanding NCM’s Legal and Constitutional Authority: NCM could fulfill its duties assigned in its mandate if
greater legal and constitutional authority is extended to the Commission. The Commission could be more
effective if it has greater authority to conduct independent enquiries in cases of transgression of rights of the
minorities, and especially in cases of communal violence
 Outcome based Performance Measurement: NCM should evaluate the performance of its members based on
specific performance criterion to ensure accountability.
 Expanding Role of State Minorities Commission: The strengthening of the State Commissions and setting up
new state level commissions, where these do not yet exist, can help in reducing the pendency rates and
increasing hearing effectiveness of the Commission.
13. Explain the ‘Special Majority’ provided under Indian Constitution. Discuss the rationale behind incorporation
of this majority by the framers of the Constitution and examine its efficacy in the backdrop of a ‘majority
government’ in India.
Under Article 368(2), Parliament can amend the Constitution by passing a Bill with a special majority. Thus, all types
of majorities other than the absolute, effective or simple majority is known as the special majority. A special majority
are of 4 types, with different clauses.
Type 1: Special Majority as Per Article 249
 Special majority as per article 249 requires a majority of 2/3rd members present and voting. For example, if out
of the 245 members in Rajya Sabha, if only 150 are present and voting, then the special majority required as per
article 249 would be 101.
 Cases where special majority as per article 249 is used: To pass the Rajya Sabha resolution to empower the
parliament to make laws in the state list. (valid up to 1 year, but can be extended any number of times).
Type 2: Special Majority as Per Article 368
 Special majority as per article 368 requires a majority of 2/3rd members present and voting supported by more
than 50% of the total strength of the house. This type of majority is used for most of the Constitutional
amendment bills.
 To pass a constitution amendment bill in Rajya Sabha, in addition to getting the support of 123 members, the bill
should be favoured by more than 2/3rd of the members present and voting.
 Cases: To pass a constitutional amendment bill which does not affect federalism; Removal of judges of SC/HC;
Removal of CEC/CAG; Approval of national emergency requires special majority as per Article 368 in both
houses; Resolution by the state legislature for the creation/abolition of Legislative Council (Article 169).
Type 3: Special Majority as Per Article 368 plus State ratification
 This type of special majority is required when a constitutional amendment bill try to change the federal
structure. Special majority as per article 368 plus state ratification requires a majority of 2/3rd members present
and voting supported by more than 50% of the state legislatures by a simple majority.
 Cases: To pass a constitutional amendment bill which affects federalism like the position of High Court Judges.
Type 4: Special Majority as Per Article 61 requires a majority of 2/3rd members of the total strength of the house.
In Lok Sabha, the special majority as per article 61 is 364 while in Rajya Sabha, the special majority as per article 61 is
164.
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 Cases: For the impeachment of the Indian President.
Rational for requiring a special majority for amending the constitution
 To ensure that people are participating, debating on the bill by following the process properly.
 It ensures that parties do not pass the amendment illogically and the proposed amendment gains the support
of majority from the total strength of both the houses in the parliament.
 This special majority is required so that the opposition parties are taken into confidence and also this special
majority is seen as an inclination towards creating broad support among parliament members on amendment
procedure.
 To amend the bill it is really important to have majority. Those voting in favour of the bill should form at least
half of the total strength of that House. Those members who are actually taking part in the voting process for
amending the bill must constitute two-third of its supporters.
 Articles related to power distribution between the centre or the state or articles that are related to
representation or with federal structure and fundamental right all these article amendments in a manner which
ensures proper involvement and consultation of the state. The constitution has ensured this by providing the
legislatures with half of the States to pass an amendment bill.
 Thus, through broad consensus the Constitution of India can be amended with special majority in decision
making.
Special majority rule has been efficient in the functioning of Indian democracy as it stand the test of time by
promoting participation and consensus among legislatures. Even in majority rule, like today in Lok Sabha,
government need support of opposition for passage of bill in Parliament. Eg: 126th Constitutional amendment Act,
GST act etc.
However, majority enjoyed by government had also been used by them to curtail the independence and
functioning of constitutional bodies. Eg: By passing NJAC Act, with ratification of state government, which was later
proved null and void by Supreme Court, Legislature tried to interferes in the appointment of Judiciary, which is a
basic feature of our Constitution.
Thus, Parliament can amend constitution with special majority to the extent that it doesn’t violate the Doctrine of
Basic Structure as enumerated in Kesavananda Bharati Case, 1973.
14. Is it time for India to make a critical assessment of its affirmative action programmes? Examine in the context
of passage of 126th Constitutional Amendment Act.
India's affirmative action programme is one of most comprehensive in the world. It is built into the country's 70 year-
old constitution, and reserves seats in parliament and state assemblies for the country's most socially disadvantaged
groups, as well as government jobs and places in educational institutions.
 The objective of reservation as envisioned by the founding fathers of the Constitution was to ensure social
justice by giving special status to backward castes as they were denied equal opportunities for generations and
required special assistance to catch up with the other forward castes.
 Later, reservation was extended to other backward classes (OBCs) under the recommendation of the Mandal
Commission. The Mandal Commission through collection of the necessary data and evidence identified castes
that are socially, educationally and economically backward. OBCs were granted reservation in education and
employment, but no reservation in the state assemblies or parliament.
th
126 Constitutional Amendment Bill was passed by Parliament. This bill was brought for two objectives:
 Extend reservation for Scheduled castes (SC) and Scheduled Tribes (ST) to Lok Sabha and legislative bodies.
 Remove provision of nominating Anglo Indians to Lok Sabha and legislative bodies. Earlier a panel, comprising
Union Defence Minister, Home Minister, Social Justice Minister etc. had observed that the community was doing
well and did not need reservation.
 Since, the amendment falls within the purview of Article 368 (2) (d) dealing with “the representation of States
in Parliament”, it is required to be ratified by the Legislature of not less than half of the States by simple
majority.
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However, in the scheme of Affirmative action, the Majority feel excluded and discriminated against as the
allocation of jobs and positions in academics is based on a quota system or reservations.
 In India, the government continues to cement reservations, and increases the quotas to gain vote bank, and the
majority feel acutely sidelined.
 The system of reservation was meant to last for a decade or so, but it has become so established in the
contemporary times, that the majority are naturally in derision of it.
o Article 334 originally provided that reservation of seats and special representation would cease 10 years
after the commencement of Constitution. But this was extended every 10 years (8th, 23rd, 45th, 62nd, 79 th,
95th and 126th amendments).
 The burning issue of Patidar Reservation Agitation in India is a befitting example of reverse discrimination (when
the majority feels discriminated against as opposed to the minority) in India.
 Brain Drain: This is the most obvious aftermath of identity-based politics in India. Due to reservations, and quota
based systems, the public feels challenged, undermined and even rejected as selections in jobs and education
are made on the criterion of Caste than Merit. Hence, the intelligentsia is forced to work abroad and the
phenomenon of Brain Drain keeps draining India of its think tanks, learned scholars and intellectuals.
Way forward
 Adequate institutional measures: 50% ceiling (Indra Sawhney Case) was put in place to check populism in
granting quotas by the political class. There must be an institutional mechanism that recommends classes for
reservation.
 Independent and transparent verification: Based on the affidavits furnished by the candidates, independent,
transparent and non-intrusive verification methods have to be devised so that reservation provisions cannot be
misused easily.
 The logic of providing reservation to economically backward people can further be carefully extended to
exclude the creamy layers among SC/ST groups as In Jarnail Singh vs Lachhmi Gupta Case (2018) Supreme Court
asked the government to examine the possibility of introducing creamy layer for Scheduled Castes (SCs) and
Scheduled Tribes (STs) by saying that if some sections bag all the coveted jobs, it will leave the rest of the class as
backward as they always were..
 Improving job creation in private sector: The demand for reservation must be seen in light of the quality of
private sector jobs and wages available to aspirational India. The only way out of the quota quagmire is to create
an enabling environment for the formalization and creation of more and better jobs in the private sector.
 Make education mandatory and free for all till age of 17.
Conclusion
 Reservation is no doubt good, as far as it is a method of appropriate positive discrimination for the benefit of the
downtrodden and economically backward Sections of the society but when it tends to harm the society and
ensures privileges for some at the cost of others for narrow political ends, as it is in the present form, it should
be done away with, as soon possible.
15. “Local governments remain hamstrung and ineffective — mere agents to do the bidding of higher level
governments.” Evaluate the hits and misses of Panchayati Raj institutions after the completion of 25 years in
2018.
Panchayati Raj Institution (PRI) is a system of rural local self-government in India. Local Self Government is the
management of local affairs by such local bodies who have been elected by the local people.
PRI was constitutionalized through the 73rd Constitutional Amendment Act, 1992 to build democracy at the grass
roots level and was entrusted with the task of rural development in the country. They were created to realize the
objectives of Article 40 of the Indian constitution to create a truly participatory democracy and gave constitutional
status to local self-governments.
Hits of Panchayati Raj Institution (PRI):
 Strenghtening Grass-root Democracy: PRI has succeeded in creating another layer of government and political
representation at the grass-roots level.
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o There are about 250,000 PRIs and urban local bodies, and
over three million elected local government
representatives.
 Representation to Women: The 73rd and 74th
Amendments required that no less than one-third of the
total seats in local bodies should be reserved for women.
At 1.4 million, India has the most women in elected
positions. Seats and sarpanch/pradhan positions were also
reserved for SC/ST candidates.
o Research using PRIs has shown that having female
political representation in local governments makes
women more likely to come forward and report
crimes.
o In districts with female sarpanchs, significantly greater
investments are made in drinking water, public goods.
 Political Empowerment of Marginalized: SC/ST
representation in elected bodies is another big push
towards their empowerment. There are about 1 lakh
SC/ST sarpanches.
 Moreover, the states have also provided the statutory safeguards for many devolution provisions, which have
considerably empowered local governments.
 Successive (central) Finance Commissions have, so substantially, increased fund allocations for local bodies and
also the grants have been increased.
o 15th Finance Commission is also considering to further increase the allocations for local governments to
match the international standards.
However, even after 25 years of existence, they have failed to be effective instruments of governance.
 Systemic issues: State finance commissions are not as effective as central finance commission State election
commissions are alleged over issues like delimitation of constituencies.
 Issues related to funds functions and functionaries: Devolution of powers as per eleventh schedule except in
few states like Kerala, Madhya Pradesh is not satisfactory.
 Capacity building of both panchayats and urban local bodies is not proportional to the responsibilities they are
assigned.
 Panchayat Pati Syndrome.
 Departmentalization of development: A lot of government bodies have sidelined local bodies. For example,
recently in Haryana, a rural development agency, presided over by the Chief Minister, to enter into the
functional domain of panchayats.
 Legislative approval of these parallel bodies legitimises the process of weakening decentralised democracy.
 Mani Shankar Aiyyar committee observed that decentralization has led to decentralization of corruption
 There are criticisms that initiatives like smart city projects affect the autonomy of urban local bodies.
 In urban areas, participation from people in elections as well as in governance is very limited.
 Structural lacunae:
o No secretarial support – No dedicated carder of people or service is working for Panchayati raj. This make
administrative and documentation work very difficult.
o Low technical knowledge – has restricted the aggregation of planning from village to block to district to
state to centre. Hence bottom up approach of planning is very limited.
o Adhoc meetings – lack of clear setting of agenda in gram sabha, gram samiti meetings; there is lot of
adhocism; no proper structure
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Following steps can be taken to improve the effectiveness of LSG to realize their true potential.
 Devolution of powers: Decentralization of governance as per eleventh schedule like in Kerala and Madhya
Pradesh. More financial resource generation powers should be given to these institutions.
 Reservation for women should be increased from 33 % to 50 % like in Maharashtra and Bihar.
o To solve the problem of proxy representation social empowerment must precede the political
empowerment.
 Principle of subsidiarity to be upheld at all levels like recommended by Second Administrative Reforms
Commission.
 Property taxation reforms to be introduced to make urban bodies self-sufficient financially.
 Platforms like Mahila Gram Sabha need to be encouraged to help women voice their needs and participate in
decision making process.
 Adequate training: to develop expertise in the members so that they contribute more in planning process and in
implementation of policies and programmes. Capacity building of all elected representatives especially women.
 Social empowerment: must precede political empowerment. Only then problem of proxy members could be
solved.
 District planning based on grassroots inputs received from the village, intermediate and district levels through
people’s participation in the gram and ward sabhas.
 Following the example of Karnataka, to establish a separate cadre of panchayat officials who would be
subordinate to the elected authority especially in states with weak panchayat systems.
 In the NREGA programme, 40% of the money allocated is for the material component, whereas the remaining
60% is for salaries. These funds are available with the states and can be used to build panchayat bhavans.
Conclusion:
Local bodies need to be empowered to create greater inclusiveness, participation and women empowerment at the
grassroots level. Integrating institutional reforms in local governance with economic reforms was Gandhiji’s far-
sighted vision of ‘Poorna Swaraj’. The 73rd and 74th Amendments of the Constitution which seek to create an
institutional framework for ushering in grass roots democracy through the medium of genuinely self-governing local
bodies in both rural and urban areas of the country.
16. ‘The efficacy and effectiveness of the Parliament have improved considerably with the increasing role and
function the parliamentary standing committees.’ Critically comment.
Parliament is the embodiment of the people’s will. Parliament meets for three sessions a year i.e., the Budget,
Monsoon, and Winter Sessions.
During the recently concluded first Session of the 17th Lok Sabha, Parliament sat for 37 days. In the last 10 years,
Parliament met for 67 days per year, on average. This is a short of amount of time for MPs to be able to get into the
depth of matters being discussed in the House. Since Committees meet throughout the year, they help make up for
this lack of time available on the floor of the House. Thus, Committees are an instrument of Parliament for its own
effective functioning.
About Parliamentary Committees: They are setup as an instrument to assist the working of Parliament in its various
activities. They are classified into- Standing Committee and Adhoc Committee (temporary). Standing Committees
are permanent, constituted every year and work in a continuous manner.
Significance of the Standing Committee System-
 Detailed scrutiny and upholding government accountability: Parliament cannot effectively uphold the
accountability of the executive due to the increasing magnitude and complexity of modern administration and
time constraints of the sessions of Parliament. The disruptive changes in technology also throw up new policy
challenges that require a constant reform of legal and institutional structures.
o Standing committees increase the ability of Parliament to scrutinize government policies and make it
accountable through an informed debate in the legislature.
o They also examine budgetary allocations for various departments and other policies of the government.
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o Some of them are the Public Accounts Committee, the Estimates Committee, the Committee on Public
Sector Undertakings, the Departmental Standing Committees and other committees to inquire, control, and
for general purpose etc.
 Work in non-partisan manner- Committee
meetings are ‘closed door’ and members are
not bound by party whips, which allows them
the latitude for a more meaningful exchange
of views. It aids the Opposition and other
members in both the houses to play a greater
role in exercising control over the executive.
 Engagement with relevant stakeholders: The
committees regularly seek feedback from
citizens andexperts on subjects it examines for
example, the RBI governor was summoned by
the Finance Committee on the subject of
demonetization.
o They act as a link between parliament and
people on the one hand, and between the administration and parliament on the other.
 Financial Prudence- The system ensures economy and efficiency in public expenditure, as the ministries/
departments would not be more careful in formulating their demands.
However, the rules do not require that all Bills be examined
by a Committee. This leads to some Bills being passed
without the advantage of a Committee scrutinising its
technical details. Recently, there has been a declining trend
in the percentage of Bills being referred to a Committee. All
the bills in first Budget session of 17 Lok Sabha were passed
without the scrutiny by parliamentary standing committees.
Implications of passing bills without going through Standing
Committee:
 In absence of such scrutiny by the Standing Committees,
the legislations may not become holistic and farsighted.
Such laws may require frequent amendments, which delay the process and defeat the purpose.
 It complements other actions such as frequent use of guillotine, ordinances, which try to evade scrutiny of the
legislature.
 All this does not allow a detailed, continuous, in-depth and comprehensive control of Parliament over executive.
Other issues related to the standing committees
 Poor attendance of Members: The attendance of members in committee meetings has been a cause for concern
as well, which is about 50% since 2014-15.
 Short tenure for members: Constitution of DRSCs for a year leaves very little time for specialisations.
 Lack of Discussion on Committee Reports: Since they are recommendatory in nature, reports of the committees
are not taken up for discussion in Parliament except for references in certain debates on bills.
 Lack of expertise: The members of the committee lack technical expertise required to go into intricacies of
specialized subjects under consideration of some committees such as accounting and administrative principles.
 Politicization of the proceedings: With greater public interest shown in some issues, members have started
taking strict party lines in committee meetings.
Thus need of the hour is:
 National Commission to Review the Working of the Constitution, 2002 also recommended need for referring all
bills to committee, longer tenure for members and strengthening committees with adequate research support.
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 Scrutiny of all the legislations through Parliamentary Standing Committees must be made mandatory by
convention. The government must not seek to vote the legislation without it being considered by the Standing
Committee.
Strengthening the committee system can go a long way in improving efficacy and effectiveness of the Parliament
on the quality of laws drafted and minimise potential implementation challenges. The need of the hour is for greater
and effective utilisation of Parliamentary Committees to strengthen Parliament as a deliberative body which can
ensure effective oversight.
17. What was the motivation for the setting up of National Commission for Women? How far has the plight of
women changed for the better in India with the constitution of the Commission? Elaborate.
The National Commission for Women was set up in 1992 under the National Commission Act, 1990. This body was
established to review the constitutional and legal safeguards for women. It was formed with:
 An intention to establish an equal and just livelihood for women by making legal and constitutional amendments
for women in India.
 To stop the Violence against Women across nations, societies, cultures and classes.
 It recommends the remedial legislative measures, facilitates redressal of grievances and advises the government
on all policy matters affecting women.
 It enjoys all the powers of a civil court.
Achievements of National Commission for Women
 It has submitted a set of role recommendations to the centre to avoid and address cases of sexual harassment at
the work place.
 It prepares gender profiles of all states and union territory except Lakshadweep.
 It is proactive in Parivarik Mahila Lok Adalats.
 It reviewed when is significant laws including dowry prohibition act , PNDT Act , 1994, IPC 1860.
 It organized various workshops and consultations for creating awareness about the women rights.
 It has dissected Delhi police to inquire into a complaint of alleged indecent representation of women on condom
on covers of a company and revert to it with in thirty days.
 It advised the Union Health Ministry to push the time limit for abortions from 20 weeks to 24 weeks of
pregnancy.
 NCW wants separate clauses on acid attacks and stalking of women in the Indian Penal Code and stringent
punishment for the crime.
 Played an important role of Neetika Sharma case where it said that delay in police action shows that she was
exploited.
However, NCW has been termed as toothless tiger
 It has no actual legislative powers. It only has the powers to suggest amendments and submit reports which are
not obligatory on a state or Union Governments.
 It does not have the power to choose its own members. The power selecting members is vested with the Union
Government and the nature of the country’s volatile political scenario tends the commission to be politicized.
 It is reliant on financial assistance from the Union Government and this could compromise the independence of
the Commission.
 The jurisdiction of the commission is not operating in Jammu and Kashmir and considering the current political
unrest and human rights infringements in the region, the presence of commission is vital.
 It seizes women’s cause only when it is brought to light. Unreported cases of oppression and suppression of
women are not attended to.
 In rural sector still there is lack of awareness education, opportunities and basic facilities for women for
economic of empowerment.
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Suggestions
 In women related issues like Uniform Civil Code, the NCW must be allowed to be a stakeholder and support he
women's cause. This will allow greater weight behind the government's stand. Right now its the LCI and the Law
ministry who handle it.
 It should be allowed to suo motu draft and introduce laws which deal primarily with women as stakeholders
like the Marital rape laws.
 The law enforcement is disjointed from the NCW, it is time for NCW to have its own delegated force, to ensure
the compliance of its orders
 Creation of a judicial wing in the NCW while providing it judicial powers will aid in speedy immediate justice and
quicke relief to the victim. IT will also allow the firvolous and fake cases to be shunted out at the primary stage
 Introducing measures which mandate explanation by the executive as to why the recommendations in the
report were not followed if needed.
 More funds for organising sensitization programmes on sexual harassment on workplaces.
 Commission must be empowered to at least take mild (if not harsh and severe) punitive measures against the
underperforming Internal Complaint Committees.
 NCW’s members should be appointed by a body of experts which is free from any political interference.
Commission has important role to play for women empowerment and voicing their concerns which is also important
aspect of SDG-5. Commission's role should be expanded to lower level of governance as an advisory and more work-
force be provided to take actual measures rather than just making statements.
18. Do you think that Anti-defection Law has failed to achieve the desired objectives? Comment. How does the
recent Supreme Court judgement on Karnataka political crisis alter the fundamental character of Anti-
defection law?
Introduction
The anti-defection law was passed in 1985 through the 52nd Constitutional Amendment Act. It added the Tenth
Schedule to the Indian Constitution. The law was framed in 1985 with the intent of combating the evil of political
Defetions; unfortunately it led to several unanticipated consequences.
Objectives
The main objective for which Anti-Defection Law was introduced in the Constitution was to combat “the evil of
political defections”. The law was passed after the Late Rajiv Gandhi became the Prime Minister of the country. This
law was passed so that it restricts the defections in the politics but the increasing hunger of our legislatures and with
our legal fraternity it was not a difficult task to find loopholes in this law.
Failure of Anti-defection
 Loss of independence: Anti-defection has led to loss of independence of a legislator. As he has to stick to party
line, the legislature has effectively surrended his voice.
 Reduced accountability: It prevents parliamentarians from changing parties that has led to reduced
accountability of the government to Parliament.
 Against dissent: The law prevent dissent against party policies. Thus, it interferes with the member’s freedom of
speech and expression.
 Unbridled power to Presiding Officer: The defection cases are decided by the presiding officer of the House
concerned; whereas, in other matters of disqualification, decision making power rests with the President or the
Governor of State. The impartiality of presiding officer is not always guaranteed.
 No respite in case kept pending: A party aggrieved by the decision of the presiding office may approach the
court. However, if the presiding officer does not dispose the matter and keeps it pending, the aggrieved fails to
seek the aid of court.
 Puppet of political party: It destroys the spirit of liberty and lead to the practice of puppetry within the party
system in a parliamentary democracy.
 Prevent discussions and debates: It prevent members to speak up their mind, thus leading to less discussions
and lesser healthy debates and solutions in parliament.
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 No incentives: Due to lack of accountability and limit on speech and expression, MPs/MLAs find no incentives to
research and understand policies and to find solutions to various issues.
Recent Supreme Court Verdict
Recently, the Supreme Court has held that it is the Speaker’s discretion to decide on the resignations of the 15
dissident MLAs belonging to the Congress-Janata Dal (Secular) coalition government of Karnataka. The legislators
have resigned saying they do not have confidence in the current government while the critics held that these
resignations are rendered so to evade disqualification. The Supreme Court ruled on the Karnataka incidents saying
that the Speaker has the complete discretion to decide upon the resignations of the MLAs. The resignation issue
hasraised some important questions on the working of the anti-defection law.
 Dilution by court: Recent order in Karnataka, where the Supreme Court said that MLAs cannot be compelled to
attend the Assembly, effectively put the question of disqualification on hold. That interim order has faced severe
critiism from within the House itself. Courts and legislatures operate in separate, defined spheres and do not
impinge on each other’s workings. The Anti-defection Act breaks down this wall of separation and makes both
institutions permeable
 Diluting whip: Taking the issue to the Supreme Court does not help as being witnessed in the case of Karnataka.
The apex court, in its wisdom, left it to the Speaker to decide whether to accept the resignation of the MLAs who
have tendered their resignations but however did not clarify if the party whip applies to those MLAs or not.
Conclusion
A very precarious situation has developed resulting in a constitutional logjam with role of the Governor in Karnataka
further complicating the problem. To this end, there is a need to establish clarity on the existing provisions of the
anti-defection law and have a relook at the Act.
19. The Governors in the recent past has been found working at the behest of Centre rather than performing their
obligations as constitutional watchdogs. In the light of this statement, has the post of governor become
dispensable in the interest of federalism as enshrined in our Constitution? Should this institution be
abolished?
Introduction
The Governor is the Constitutional Head of the state. Under the Articles 155 and 156, Governors in India are
appointed directly by the President and holds office “during the pleasure of the President”. The post has been
argued to be the most politicized and misused one.
Governor acting at the behest of Centre
 While there have been exceptions to the rule, the post of governor usually goes to party loyalists, with little
regard to merit or suitability.
 The Governor is appointed by the President and holds the office till the pleasure of the President which is
actually the pleasure of the Central government. Many Governors are removed after a change of guard at the
Centre.
 Article 356 has been imposed more than 120 times in various states at the whims and fancies of the central
government.
 Of late, the post of governor has become a matter of contention. The argument is that they are beholden to
their political masters and ever-willing to meddle in state politics so as to help topple duly elected governments.
 Recently, the role of Governors in the state of Uttarakhand and Arunachal Pradesh came under the Supreme
Court’s scanner. The Presidential proclamation was challenged in Uttarakhand and the “unconstitutional”
exercise of power in Arunachal Pradesh was highly criticized.
Dispensing or Retaining the Post of Governor
 As far as the constitutional provisions are concerned, the Governor is expected to act as a link between the
Centre and the States with a view to make the federation strong. The Constitution framers were wary of strong
centrifugal tendencies in our diverse multi-religious socio-polity and decided to continue with this post so as to
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enable the Union government to have its eyes and ears in the states and to check state governments from
pursuing policies that may not be in conjugation with national priorities.
 The Indian polity is still susceptible to being pulled in all directions by forces inimical to national interests and
integrity. Ever more strident identity politics, Naxalism and challenges emanating from religious radicalization
have buttressed the case for a strong central supervision for which the governor is required.
 The Governor enjoys wide discretionary powers under Article 163, as well as the power to reserve bills under
Articles 200 and 201. In case of fractured verdict, no norms have set for governors on how to initiate
government formation, and chances of them getting influenced by central diktats can't be ruled out.
 The Governor seeks reports from the state government on the status of bills, keeps the Centre informed of all
the activities in the state, sends reports regarding law and order or breakdown of constitutional machinery and,
thus, helps in maintaining effective central control over states.
Suggestions to make the Post of Governor effective
Sarkaria Commission recommended that a person to be appointed as a governor should satisfy the following criteria:
 He should be eminent in some walk of life.
 He should be a person from outside the state.
 He should be a detached figure and not too intimately connected with the local politics of the state; and
 He should be a person who has not taken too great a part in politics generally and particularly in the recent past.
The Punchhi Commission has recommended the localizing of emergency provisions under Articles 355 and 356 of the
Constitution. According to it, President's rule should be imposed in those parts of the state where there is
constitutional breakdown of machinery -- rather than the whole state. This will go a long way in preventing the
dismissal of state governments on petty and manufactured grounds of lawlessness.
Other Suggestion includes:
 A national panel should be prepared after involving the opposition, ruling party, civil society and the judiciary in
the selection process; the governor should be appointed from this panel after consultation with the CM of the
state in which he or she is to function.
 Ideally speaking, a governor should not be posted in his native state and should preferably have been at a
distance from active politics for a significant period.
 The arbitrary dismissals of governors should be stopped at all costs by legislating for a fixed tenure. He should
not enjoy office at the pleasure of the President and his removal from office must entail impeachment
proceedings in the state assembly. The process of dismissal of the governor should be made as difficult as the
removal of high court judges.
 The governor should not be allowed to acquire political positions for a certain period after relinquishing his post.
This will enhance the independence of his office and give him more teeth in functioning.
 The discretionary powers need to be whittled; there has to be clear cut guidelines on the appointment of CM i.e.
inviting the leader of the largest pre-poll alliance or the party to form the government. No efforts should be
made to subvert the mandate and install governments through the back door.
As far as power to reserve bills is concerned, this should continue but it should be resorted to in the rarest of rare
cases and not on a liberal interpretation or malicious intent. If needed, the Governor should be legally made to enlist
the opinion of High Court before reserving bills
Conclusion
The institution continues to be sacrosanct and important but the quality of the incumbents has time and again
lowered the institutional prestige. The Supreme Court verdict in the SR Bommai case was historic in the sense that it
curtailed the power of the Centre to dismiss state governments arbitrarily.
20. ‘The Indian Parliamentary system, although patterned on the British model, consists of its own unique
features.’ Critically analyse the statement giving the departures of the Indian parliamentary system from the
British parliamentary system.
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Introduction
 The Constitution of India provides for a parliamentary form of government, both at the Centre and in the states.
Articles 74 and 75 deal with the parliamentary system at the Centre and Articles 163 and 164 in the states.
 The parliamentary system of government is the one in which the executive is responsible to the legislature for its
policies and acts.
Features of Parliamentary Government in India are:
 Nominal and Real Executives: The President is the nominal executive (de jure executive or titular executive)
while the Prime Minister is the real executive (de facto executive).
 Collective Responsibility: This is the bedrock principle of parliamentary government. The ministers are
collectively responsible to the Parliament in general and to the Lok Sabha in particular (Article 75).
 Political Homogeneity: Usually members of the council of ministers belong to the same political party, and
hence they share the same political ideology.
 Double Membership: The ministers are members of both the legislature and the executive. This means that a
person cannot be a minister without being a member of the Parliament.
 Dissolution of the Lower House: The lower house of the Parliament (Lok Sabha) can be dissolved by the
President on recommendation of the Prime Minister.
Distinction between Indian and British Models
The parliamentary system of government in India is largely based on the British parliamentary system. However, it
never became a replica of the British system and differs in the following respects:
 India has a republican system in place of British monarchical system. In other words, the Head of the State in
India (that is, President) is elected, while the Head of the State in Britain (that is, King or Queen) enjoys a
hereditary position.
 The British system is based on the doctrine of the sovereignty of Parliament, while the Parliament is not supreme
in India and enjoys limited and restricted powers due to a written Constitution, federal system, judicial review
and fundamental rights.
 In Britain, the prime minister should be a member of the Lower House (House of Commons) of the Parliament. In
India, the prime minister may be a member of any of the two Houses of Parliament.
 Usually, the members of Parliament alone are appointed as ministers in Britain. In India, a person who is not a
member of Parliament can also be appointed as minister, but for a maximum period of six months.
 Britain has the system of legal responsibility of the minister while India has no such system. Unlike in Britain, the
ministers in India are not required to countersign the official acts of the Head of the State.
 ‘Shadow cabinet’ is an unique institution of the British cabinet system. It is formed by the opposition party to
balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in
India.
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