Ma1stsemp III

Class : M.A.
Semester-I
Political Science
Name of the Paper : Indian Politics : Institutions at Work

Paper Code/Number : III
Chairperson : Prof. Madhurima Verma
Course Leader : Dr. Emanual Nahar
Subject Coordinator : Dr. Kamla
M.A. SEMESTER-I, POLITICAL SCIENCE

PAPER : III (Indian Politics : Institutions at Work)
CONTENTS
 Introductory Letter i
 Syllabus ii

L.No. Title Team of Script Pages
Writer/Editor
Unit-I
1. Constituent Assembly Debates on Secularism Dr. Kamla 1
2. Constituent Assembly Debates on Rights Dr. Kamla 10
3. Ideological Basis of the Indian Constitution Dr. Surinder K. Shukla 22
4. Fundamental Rights -do- 35
5. The Directive Principles of State Policy and -do- 53
Fundamental Duties
6. Constitutional Amendments: Nature, Problems -do- 61
and Politics
Unit-II
7. Dynamics of India Federalism-1 -do- 78
8. Federal Reforms and Emergence ofMulti Level -do- 108
Federation
Unit- III
9. Union Executive-The President -do- 123
10. Union Executive-The Prime Minister -do- 144
11. Union Parliament-Structure, Functioning and -do- 172
Committee System
12. State Executive: Governor State Executive: Chief -do- 196
Minister
Unit-IV
13. Judicial System: Supreme Court of India -do- 220
14. Election Commission and Electoral Reforms -do- 240
15. Review of Working of Indian Constitution -do- 266
16. Pressure Group Politics in India 277
17. Factionalism and Defection in India Politics -do- 293
Vetted by : Emanual Nahar
E-Mail of Department : coordpolsc@pu.ac.in

Contest No. of Department : 0172-2534332
i
INTRODUCTORY LETTER
Dear Learner,
The Department welcomes you on your taking up studies for M.A. 1st Semesterin
Political Science. As you are aware that Part I (viz. first year) of your studiesconsists of four
papers of which the Indian Political System is the third. The Syllabusof Paper-Ill and the
breakup of lesson-scripts which you are going to receive in fourseparate blocks is being
attached herewith.
You are expected to comply with rules and regulations concerning responsesheets and
send them at regular intervals. You are required to write assignmentswhich you will get from
department.
We hope you will enjoy reading the course material sent to you.
However, we sincerely hope that you will remain informed, through materialother than
lecture scripts of the changes that occurs in between throughconstitutional or extra
constitutional changes in the system. 14th Lok Sabha polls in2004 has stablised coalition
system in the Indian Polity. Please read newspapersand Journals regarding latest changes in
current polity.
For details please refer to the syllabus ofMA-Ist semester. In this, 20 marksare for
assignments and 80 marks are for evaluation during the examination.
Unit 1st and IInd are in this booklet.
With best wishes.
Course Leader
Indian Political System
ii
SYLLABUS
Semester-1
Course-Ill - Indian Politics: Institutions at Work (compulsory)
INSTRUCTIONS FOR THE PAPER-SETTERS AND CANDIDATES:

(i) The theory question paper will be of 80 marks and 20 marks will be for internal
assessment.
(ii) For private candidates, who have not been assessed earlier for internal assessment,
the markssecured by them in theory paper will proportionately be increased to
maximum marks of the paperin lieu of internal assessment.
The paper setter must put note (ii) in the question paper.
The syllabus has been divided into four units.
There shall be 9 questions in all. The first question is compulsory and shall be short answer
typecontaining 15 short questions spread over the whole syllabus to be answered in about 25
to 30 wordseach. The candidates are required to attempt any 10 short answer type questions
carrying 20 marks i.e.2 marks for each. Rest of the paper shall contain 4 units- Each unit
shall have two questions, and thecandidates shall be given internal choice of attempting one
question from each Unit - 4 in all. Eachquestion will carry 15 marks.
Objective of the Course: Recent India has witnessed a major thrust in the study of India's
political andeconomic processes. An important component of many such studies has been to
refer to the relevantconstitutional and institutional aspects. Such studies, sensitive to the
constitutional experiences of a'new democracy', have enriched themselves by undertaking an
in-depth analysis of the way theconstitutional provisions have been put into practice and
also by making an attempt to explore the coreideas that guided the constitution-makers
during the deliberations in the Constituent Assembly. Thepaper aims at making the students
aware of the text of the Constitution of India, important debates andthe way the institutions
have worked over the last more than sixand half decades.
1. Making of Political institutions
a) Constituent Assembly Debates: Secularism, Rights
b) Preamble, Fundamental Rights and the Directive Principles of State Policy
c) Constitutional Amendments related to Right to Property: Nature, Problems and
Politics
2. Federal Institutions
a) Strong Centre Framework: Reading Relevant Constitutional Text
b) Autonomy and Devolution: Sarkaria Commission Recommendations
c) Local Self Government: Politics of Decentralization
3. Executive and Legislature . ',
iii
a) President and Prime Minister Modes of exercise of powers
b) Governors and Chief Ministers: Changing Role and Institutional Relationship
c) Union Parliament: Composition, Powers, Reservations and Parliamentary
Committees
4. Judicial Power and Rule of Law
a) Supreme Court: Jurisdictions
b) Judicial Independence, Judicial Review
c) Judicial Activism, Public Interest Litigation
d) Election Commission of India and Electoral Reforms
General Readings: '
1. Arora, Balveer and Verney, Douglas (ed.), Multiple Identities in a Single State :
Indian Federalism in aComparative Perspective, Konark, Delhi, 1995.
2. Austin, Granville, Working of a Democratic Constitution, OUP, New Delhi, 2000.
3. Baxi, Upendra and Bhikhu Parekh (ed.). Crisis and Change in Contemporary India,
Sage, New Delhi,1994.
4. Brass, Paul, Politics of India since Independence, Orient Longman, Hyderabad,
1990.
5. Kaushik, Susheela (ed.), Indian Government and Politics {Hindi), Directorate
ofHindi Implementation,Delhi University, 1990.
6. Kohli, Atul, Democracy and Discontent: India's Growing Crisis ofGovernability,
Cambridge UniversityPress, Cambridge, 1991.
7. Kothari, Rajni, State Against Democracy, In Search of Humane Governance,
Ajanta, Delhi, 1989.
8. Morris-Jones, W.H., Government and Politics in India, B.I., Delhi (Latest Edition).
9. Noorani, A.G., Constitutional Questions in India: The President, Parliament and
the States, OUP,2000.
10. Rudolph, L.l., and Rudolph, S.H., In Pursuit of Lakshmi: The Political Economy of
the Indian State,Orient Longman, Delhi, 1987.
11. Saez, Lawrence, Federalism without a Centre: The impact of Political and Economic
Reforms onIndia's Federal System, Sage, New Delhi, 2002.
Specific Readings
1. A.G. Noorani, Constitutional Questions in India, OUP, New Delhi, 2004.
2. Austin, Granville, The Indian Constitution; Cornerstone of a Nation, OUP, Oxford,
1966.
3. B.N. Kripalet. al, Supreme but not Infallible, OUP, Delhi, 1980.
4. Basu, D.D., Introduction to the Constitution of India, Prentice-Hall, New Delhi.
1980.
iv
5. Baxi, Upendra, The Indian Constitution at the Crossroads' in Noel 0' Sullivan (ed,),
Aspects of India Essays on Indian Politics, Ajanta, Delhi, 1977.
6. Baxi, Upendra, Courage Craft and Contention; The Indian Supreme Court in the
Eighties, N.M. Tripathi, 'Bombay, 1985.
7. Baxi, Upendra, The Crisis ofthe Indian Legal System,ICSSR and Vikas, Delhi, 1982.
8. Baxi, Upendra. The Indian Supreme Court and Politics, Eastern Book Company,
Delhi, 1980.
9. Bhagat, Anjana K., Elections and Electoral Reforms in India, 1996.
10. Bhambhri, C.P., The Indian Prime Minister: A Framework for Political Analysis, The
Indian Law-institute, New Delhi.
11. Bombwall, K.R., National Power and State Autonomy, Meenakshi, Meerut, 1979.
12. Chandrashekhar, S. (ed.), Indian Federalism and Autonomy, B.R. Publishing, 1988.
13. Chaube, S.K., Constituent Assembly of India, Springboard of Revolution, People's
Publishing House,New Delhi, 1973.
14. Christophe, Jaffrelot, India's Silent Revolution: The Rise of the low Castes in
Northern Indian States,Permanent Black, Delhi, 2003.
15. Diwan, Paras and Peeyushi, Amending Powers and Constitutional Amendments:
From First to theLatest Amendment, Deep and Deep Publishers, New Delhi, 1997.
16. Gadkari, S.S., Electoral Reforms in India, 1996.
17. Kaushik, Susheela, Elections in India: Its Social Basis, K.P. Bagchi and
Company,New Delhi, 1982.
18. Khan, Rasheeduddin (ed.). Rethinking Indian Federalism, Indian Institute of
Advanced Study, 1997.
19. Manor, James, Nehru to the Nineties:The Changing Office of Prime Minister in
India, Hurst andCompany, London, 1994.
20. Menta, V. R. and Thomas Pantham (ed.), Political Ideas in Modern India, Delhi,
Sage, 2006.
21. Mohammad, S.A., Constitution for Haves or Have Nots? UpiPrakashan. Delhi,1975.
22. Mohanty, Manoranjan, Class, Caste, Gender, Sage. New Delhi, 2004.
23. Palkivala, N.A., Our Constitution Defaced and Defiled, Macmillan, Delhi. 1974.
24. RajendraVora and Suhas Palshikar (eds.), Indian Democracy: Meanings and
Practices, Sage,NewDelhi, 2003. M.A. POLITICAL SCIENCE (SEMESTER SYSTEM)
SYLLABUS 9
25. Ramesh Thakur, The Government and Politics of India. London, Macmillan Press,
1986.
26. S.P. Sathe (ed.). Judicial Activism in India. OUP, Delhi, 2004.
27. Sharma, L.N., The Indian Prime Ministers: Office and Powers, Macmillan, Delhi,
1976.
Lesson -1
CONSTITUENT ASSEMBLY DEBATES ON SECULARISM
Structure
1.0 Objectives
1.1 Introduction
1.2 Secularism
1.3 Debates on Secularism
1.4 References
1.5 Further Readings
1.6 Model Questions
1.0 Objectives
The objective of this lesson is to give you an overview of ideology of theConstitution.
After goingthrough this lesson you would be able to:
 Understand the secularism
 Discuss the debate on the secularism in the Constituent Assembly.
1.1 Introduction
Secularism is the equality of all religions or equal respect for all religions but the
Constitution of Indiawhich is the ultimate legal political and social document is not explicitly
secular and does not require usto be so. The framers of the Constitution stood for a secular
India1. Secularism today ensures thatreligion will exist only in the individual's private sphere.
The State upholds no religion and pursues noreligious goals. This is known as the 'common
ground' approach2 wherein a common ground is set forall religions. Unfortunately this model,
though ideal, has its weakness in the fact or widening band ofcontradictory religious and
metaphysical commitments arise leading to tension. One of the problemswith secularism is
that it challenges the independent ethic of the majority community which believesthat
because of the mere fact that they are the majority of the nation they have the prescriptive
right ofsuperiority.
The framers of the Constitution worked against the backdrop of two great instances of
human carnage— World War II and the Partition of India. Both werethe result of an
insistence on distinctiveness ofgroup identities and their consequent territorialdemarcations,
which excluded those who did not fallwithin the dominant group. Simultaneously, the
process of integration of princely states meant thatpeople not exposed toeven limit democracy
became voters of a republic that promised justice,liberty, equality and fraternity for
all3.During the debates in the Constituent Assembly,Prime Minister Nehru declared that
1. "The State India and beirtg secular and shall have no concern with any religion, creed or profession of faith",
Constituent Assembly Debates. Vol. 7, p. 815.
2. As stated In Taytor, Charles. 'Modes of Secularism', Rajeev Bhargava (ed.) SECULARISM AND ITS CRITICS(New
York : Oxford University Press. 1998) at p.31
3. Hegde, Sanjay, Secular in Spirit and in Letter, The Hindu, December 7, 2015.
secularism was anideal to be achieved and that establishment of a secular State was an act
of faith. He explained hisvision thus:
1.2 Secularism
"By secularState, as I understand, the State is not going to make any discrimination
whatsoever on theground of religion or community against any person professing any
particular form of religious faith.This means in essence that no particular religion in the
State will receive any State patronagewhatsoever. The State is not going to establish,
patronize or endow any particular religion to theexclusion of or in preference to others and
that no citizen in the State will have any preferentialtreatment or will be discriminated
against simply on the ground that he professed a particular form ofreligion. At the same time
we must be very careful to see that in this land of ours we do not deny toanybody-the right
not only to profess or practice but also propagate any particular religion.4
Reading the Constitutional debates, one astonishing fact emerges that our founding
fathers might nothave inserted the word SECULAR in our Preamble but they drafted for us a
secular Constitution, or asclose to a secular Constitution they could get. Their minds lived
and breathed secularism. They wereconvinced that the future for India lay in secularism. But
it wasn't enlightened European secularism. Itwas a glorious Indianised version of it. Glorious
because it took into account our history andcivilization and yet stayed true to the path of
religious equality. Many legislators were confused as to whatsecularism was. Some thought it
was the negation of all religion, while to others it meant an absoluteseparation of religion and
state. Still others insisted the Constitution should advocate articles thatgovern aspects of a
religion; a few said the state should not involve itself in matters of religiouseducation; a tiny
minority even felt that a truly secular Constitution should demand a uniform civil code.The
result of all this was that in the end, India got a secular Constitution but in which the word
Secularwas omitted, it wasn't a glaring typo or a faux pas; it was intentional. No point
labelling it when you canrecognise the fragrance.5
1.3 Debates on Secularism
Speaking in the Constituent Assembly on Report of the Advisory Committee on
Minorities on 28thAugust 1947, Dr. S, Radhakrishnan (United Provinces: General) said that
"with a view to develop ahomogeneous, secular, democratic State, the devices hitherto
employed to keep minorities as separateentities within the State be, dropped and loyalty to a
single national State developed. Let us have someintroductory sentences and make it clear
that it is not our desire in this House to, have these minoritiesperpetuated. We must put an
end to the disruptive elements in the State. If we now provide for certaincompromise
measures, it is simply because we wish to reckon with the past. We have to effect
acompromise between the ideal we have in view and the actual conditions which have come
down to us.It is not our desire to maintain these minorities as minorities. The measures of
compromise aretransitional, and will be terminated at the end of the tenth year. So I move
4. Constituent Assembly Debates, Vol. VII, p. 831 a cited in Rao, P.P. "Basic Features of the Constitution" (2000)
2 SCC (Jour) 1.
5. Ranganathan, Anand, The Grate Seculariam Debate - hltp://www,newslaundry.com/2015/01/30/the-great-
secularism-debate/
formally with the permissionof the House that as a preliminary to the items in the schedule
we insert the sentences I havementioned.
Taking part in the Constituent Assembly Debate on 8th November 1948, Mohammad
Ismail Sahib said-"Some of my friends claimed that Constitution is apolitical Constitution but
really is it so -1 don't know. Ifdeals with untouchability, temple-entry and religious
instruction, I don't blame the Constitution or itsdrawers for this I say it is quite right in
noting these things; but one important fundamental thing I wantto refer to and that is
regarding religious instruction. The Constitution says that religious instruction shallnot be
provided in any of the State schools. Taking this provision with the compulsory
elementaryeducation which is being introduced in almost all the provinces, it means that the
Government isagainst religious instruction; it is against people getting instruction in their
own religion even if theywanted it. Therefore until 15 years of age upto which age the
children have to be sent to theseelementary schools they shall not have an opportunity in
these schools of having any instruction inreligion. That right is not derogatory to the
neutrality or secular nature of the State. The State would notimpose any religious instruction
upon people who do not like it;they only give facilities for the people ifthey want to give
instruction to their children in their own religion."
Speaking in the Constituent Assembly on 15th November 1948, Prof. K. T. Shah (Bihar:
General)proposed an amendment to article 1 of the draft Constitution:
"That in clause (1) of article 1, after the words 'shall be a' the words 'Secular, Federal
Socialist' beinserted" and the amended article or clause will read as follows:
"India shall be a Secular, Federal, Socialist Union of States."
In support of his amendment, he said that "We have been told time and again from
every platform, thatours is a secular State If that is true, if that holds good, I do not see why
the term could not be addedor inserted in the constitution itself, once again, to guard against
any possibility of misunderstanding ormisapprehension. The term ‘secular’, I agree, does not
find place necessarily in constitutions on whichours seems to have been modelled. But every
constitution is framed in the background of the peopleconcerned. The secularly of the state
must be stressed in view not only of the unhappy experiences wehad last year and in the
years before and the excesses to which, in the name of religion, communalismor sectarianism
can go, but I intend also to emphasis by this description the character and nature of thestate
which we are constituting today, which would ensure to all its peoples, all its citizens that in
allmatters relating to the governance of the country and dealings between man and man and
dealingsbetween citizen and Government the consideration that will actuate will be the
objective realities of thesituation, the material factors that condition our being, our living and
our acting," Seth Govind Das (C.P.and Berar: General) opposed the amendments proposed by
Prof. Shah. Shri H. V. Kamath (C.P. andBerar General) opined that amendments are 'out of
place' but suggested that the words 'secular andsocialist' suggested by him should find a
place, if at all, only in the Preamble.
Dr B. R. Ambedkar (Bombay: General) expressed regret that he cannot accept the
amendment of Prof.K T. Shah. He said that
"What should be the policy of the State, how the Society should be
organised in its socialand economic side are matters which must be
decided by the people themselvesaccording to time and circumstances. It
cannot be laid down in the Constitution itself,because that is destroying
democracy altogether. If you state in the Constitution that thesocial
organisation of the State shall take a particular form, you are, in my
judgment,taking away the liberty of the people to decide what should be
the social organisation inwhich they wish to live I do not see therefore why
the Constitution should tie down thepeople to live in a particular form and
not leave it to the people themselves to decide iffor themselves. This is one
reason why the amendment should be opposed.
In Constituent AssemblyDebates on 6th December 1948, Shri Lokanath Misra (Orissa:
General) whilemoving an amendment to draft article 19, said:
“Ithas been repeated to our ears that ours is a secular State. I accepted
this secularismin the sense that our State shall remain unconcerned with
religion, and I thought that thesecular State of partitioned India was the
maximum of generosity of a Hindu dominatedterritory for its non-Hindu
population. I did not of course know what exactly thissecularism meant
and how far the State intends to cover the life and manners of ourpeople.
Gradually if seems to me that our secular State' is a slippery phrase, a
device toby-pass the ancient culture of the land. Do we really believe that
religion can be divorcedfrom life, or/is it our belief that in the midst of
many religions we cannot decide which oneto accept? If religion is beyond
the ken of our State, let us clearly say so and delete allreference to rights
relating to religion. If we find it necessary, let us be brave enough andsay
what it should be."
He further said that "But this unjust generosity of tabooing religion and yet
makingpropagation of religion a fundamental right is somewhat uncanny
and dangerous. Justicedemands that the ancient faith and culture of the
land should be given a fair deal, if notrestored to its legitimate place after a
thousand years of suppression. We have noquarrel with Christ or
Mohammad or what they saw and said. We have all respect forthem to my
mind, Vedic culture excludes nothing. Every philosophy and culture has
itsplace but now it denominates, it divides and encamps people to warring
ways. In thepresent context what can this word 'propagation' in article 19
mean? It can only meanpaving the way for the complete annihilation of
Hindu culture, the Hindu way of life andmanners. Islam has declared its
hostility to Hindu thought. Christianity has worked outthe policy of peaceful
penetration by the back-door on the outskirts of our social life. Thisis
because Hinduism did not accept barricades for its protection. Hinduism is
just anintegrated vision and a philosophy of life and cosmos, expressed in
organised society tolive that philosophy in peace and amity. But Hindu
generosity has been misused andpolitics has over run Hindu culture. Today
religion in India serves no higher purpose thancollecting ignorance, poverty
and ambition under a banner that flies for fanaticism. Theaim is political,
for in the modern world all is power-politics and the inner man is lost inthe
dust. Let everybody live as he thinks best but let him not try to swell his
number todemand the spoils of political warfare. Let us not raise the
question of communalminorities anymore. It is a device to swallow the
majority in the long run. This isintolerable and unjust".
'Indeed in no constitution of the world right to propagate religion is a
fundamental rightand justiciable. The Irish Free State Constitution
recognises the special position of thefaith professed by the great majority of
the citizens. We in India are shy of suchrecognition. U.S.S.R. gives freedom
of religious worship and freedom of anti-religiouspropaganda. Our
Constitution gives the right even to propagate religion but does not givethe
right to any anti-religious propaganda. If people should propagate their
religion, letthem do so. Only I crave, let not the Constitution put it as a
fundamental right andencourage it Fundamental rights, are in alienable and
once they are admitted, it willcreate bad blood- I therefore say, let us say
nothing about rights relating to religion,Religion will take care of itself. Drop
the word 'propagate' in article 19 at least.Civilisation is going headlong to
the melting pot. Let us beware and try to survive".
Shri H. V Kamath (C, P & Berar General) moved amendment to draft article 19 of the
Constitution, sothat after clause (1) of article 19 of the following new sub-clause be added:-
"(2) The State shall not establish, endow, or patronize any particular religion.
Nothingshall however prevent the State from imparting spiritual training or
instruction to thecitizens of the Union."
He said that "history of Europe and of England during the middle ages, the bloody
history of those agesbears witness to the pernicious effects that flowed from the union of
Church and State. It is true enoughthat in India during the reign of Asoka, when the State
identified itself with a particular religion, that is,Buddhism, there was no 'civil' strife, but you
will have to remember that at that time in India, there wasonly one other religion and that
was Hinduism. Personally, I believe that because Asoka adoptedBuddhism as the State
religion, there developed some sort of internecine feud between the Hindus andBuddhists,
which ultimately led to the overthrow and the banishment of Buddhism from India.Therefore,
it is clear to my mind that if a State identifies itself with any particular religion, there will
berift within the State After all, the State represents all the people, who live within its
territories,and,therefore, it cannot afford to identify itself with the religion of any particular
section of the population.But, Sir, let me not be misunderstood. When I say that a State
should not identify itself with anyparticular religion, I do not mean to say that a State should
be anti-religious or irreligious. We havecertainly declared that India would be a secular State.
But to my mind a secular state, is neither a God-less State nor an irreligious nor an anti-
religious State."
Mohamed Ismail Sahib (Madras; Muslim), proposed that this (draft) article speaks of
the religious rightsof the citizens. Personal law is based upon religion. The personal law is
part of the religion of thepeople who are observing that personal law and this shall not
preclude people from observing theirpersonal law. So he proposed that “after clause (2) of
draft article 19, the following new clause isadded:
(3) Nothing in clause (2) of this article shall affect the right of any citizen to
follow thepersonal law of the group or the community to which he belongs
or professes to belong.”
In favour his amendment he said that "Sir, this provision would only recognise the age
long right of thepeople to follow their own personal law, within the limits of their families and
communities. This doesnot affect in any way the members of other communities. This does
not encroach upon the rights of themembers of other communities to follow their own
personal law. It does not mean any sacrifice at all onthe part of the members of any other
community. If anything is done affecting the personal laws, it willbe tantamount to
interference with the way of life of those people who have been observing these lawsfor
generations and ages. This secular State which we are trying to create should not do
anything tointerfere with the way of life and religion of the people."
Taking part in the deliberation on article 19 of the Draft Constitution, Pandit Lakshmi
Kanta Maitra(West Bengal: General) said:
"This article 19 of the Draft Constitution confers on all person the right to
profess,practice and propagate any religion they like but this right has
been circumscribed bycertain conditions which the State would be free to
impose in the interests of publicmorality, public order and public health
and also in so far as the right conferred heredoes not conflict in any way
with the other provisions elaborated under this part of theConstitution.
Some of my Friends argued that this right ought not to be permitted in
thisDraft Constitution for the simple reason that we have declared time
and again that this isgoing to be a secular State and as such practice of
religion should not be permitted as afundamental right. It has been further
argued that by conferring the additional right topropagate a particular faith
or religion the door is opened for all manner of troubles andconflicts which
would eventually paralyse the normal life of the State. I would say at
oncethat this conception of a secular State is wholly wrong. By secular
State, as I understandit, is meant that the State is not going to make any
discrimination whatsoever on theground of religion or community against
any person professing any particular form ofreligious faith. This means in
essence that no particular religion in the State will receiveany State
patronage whatsoever. The State is not going to establish, patronise or
endowany particular religion to the exclusion of or in preference to others
and that no citizen inthe State will have any preferential treatment or will
be discriminated against simply onthe ground that he professed a
particular form of religion. In other words in the affairs ofthe State the
professing of any particular religion will not be taken into consideration
atall.) This I consider to be the essence of a secular state. At the same time
we must bevery careful to see that this land of ours we do not deny to
anybody the right not only toprofess or practice but also to propagate any
particular religion."
After deliberations, the following amendments to Article 19 of the Draft Constitution
were put to vote onDecember 6, 1948 but all were negatived.
S. No. Amendments proposed What was the outcome of
voting?
1. That in clause (1) of article 19, for the words practice The amendment was negatived.
and propagate religion' the words 'and practice
religion privately' be substituted,
2. That in clause (1) of article 19, for the words'practice The amendment was negatived.
and propagate' the words 'and practice' be substituted.
3. That in clause (1) of article 19, for the words The amendment was negatived.
'areequally entitled to freedom of conscience and
theright' the words 'shall have the right' be substituted.
4. That in clause (1) of article 19, the words 'freedom of The amendment was negatived.
conscience and' be omitted.
5. That Explanation to clause (1) of article 19 bedeleted and The amendment was negatived.
the following be inserted in that place:-
"No person shall have any visible sign or mark
orname,and no person shall wear any dress whereby[his
religion maybe recognised."
The issue regarding incorporation of the principle of secularism in the Indian

Constitution was intenselydebated upon in the Constituent Assembly on 17thOctober 1949
when the Preamble to the Constitutionwas discussed, Shri H V. Kamath began the
deliberation by moving an amendment to begin thePreamble by phrase "In the name of God".
Pandit Hirday Nath Kunzru emphasised "that a matter that concerns our innermost
and most Sacredfeelings should not have been brought into the arena of discussion. It would
have been far moreconsistent with our belief in the highest truths and our determination to
adhere firmly to them that weshould not seek to impose our own belief on others. A matter
that vitally concerns every manindividually, the collective view should not be forced on
anybody. Such a course of action isinconsistent with the Preamble which promises liberty to
thought, expression, belief, faith and worshipto everyone. How can we deal with this question
ina narrow spirit?" RajindraPrasad triedpersuadingShri Kamath that his amendment is
against the spirit religious freedoms of the Constitution. Dr. B.R.Ambedkar suggested Shri
H.V, Kamath to withdraw the motion for amendment, which he didn't. So itwas immediately
put to vote but defeated.
Shri Brajeshwar Prasad said that the word "secular has not found any place in our
Constitution. Thisis the word on which the greatest stress has been laid by our national
leaders, I do submit that thisword ought to be incorporated in our Preamble because it will
tone up the morale of the minorities and itwill check the spirit of loaferism that is rampant in
politics. I have laid stress on another word. I refer tothe word 'Socialist'. I believe that the
future of India is in Socialism." He favored the beginning of thePreamble by the phrase. "We
the people of India having resolved to constitute India into a Secular, Co-operative
Commonwealth to establish Socialist order and to secure to all its citizens”.
Self Assessment Questions

1. What is Secularism?
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2. Explain K.T. Shah’s views on secular state.

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Secularism asEnunciated in the Constitution of India
For the first 25 years of the existence of the Indian Constitution the word secular did
not featureanywhere and it was only after the 42nd Constitutional Amendment Act of 1976
that the word secularwas introduced into the Preamble. The Amendment Act of 1978 sought
to define secular in thefollowing words' secular means a republic in which there is equal
respect for all religions however thisdefinition of secular is contrary to the popularly accepted
western notions.
The term religion has not been defined in the Constitution of India, but the Supreme
Court has given itan expansive content. The guarantee under Article 25, subject to certain
exceptionsconfers afundamental right on every person not merely to entertain such religious
beliefs as are allowed to himby his judgment or conscience, but also to exert his beliefs and
ideas in such overt and outward actsand practices as are sanctioned and enjoined by his
religion, and further to propagate and disseminatehis religious beliefs, ideas and views for
the benefit and edification of others6.
The state is empowered under Article 25 (2) (a) to regulate secular activities associated
with religiouspractices.7
'We, the People of India, are having solemnly resolved to constitute India into
aSOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..."
Secularism is implicit in the entire constitutional framework. What does secularism in
the IndianConstitution mean? The question admits of no easy answer and cannot be
6. See Shukla,V N. CONSTITUTION OF INDIA, 10th ed., (Lucknow: Eastern Book Company, 2001) p. 206.
7. Jain. M P, INDIAN CONSTITUTIONAL LAW, 4th ed., (Nagpur: Wadhwa and Company, 2001) p 636.
restricted to textualinterpretation alone. It is a constitutional value that seeks to manage
India's diverse and plural society,in an atmosphere of cohesiveness of national purpose. The
guarantee of equality in Article 14; thepromise of non-discrimination in Articles 15 and 16;
protection from religious taxes and religiousinstruction in state-funded institutions set in
Articles 27 and 28; the permission of educationalinstitutions of choice to linguistic and
religious minorities in Articles 29 and 30; the promise of equalballots devoid of sectional
preferences in Article 325- all make for a constitutional architecture whichis devoid of any
religious preference whatsoever. God is significantly absent throughout theConstitution. "One
nation under God" is not the allegiance which the Constitution seeks of its citizens.Believer,
atheist and agnostic alike, the Constitution does not differentiate.8
There are however provisions which seek to enforce equality within the Hindu religion
in Articles 17 and25(2)(b). Deference to Hindu sentiments on cow slaughter is also provided
for in Article 48, as is thepious hope for a uniform civil code in Article 44. Taken as a whole
package, the constitutional vision ofsecularism is one of principled equidistance from all
religious matters, while at the same time regulatingits practice in a manner consistent with
the demands of a modem society. Crucially, in Article 25(2)(a),we can find constitutional
permission for the state to regulate or restrict "any economic, financialpolitical or other
secular activity which may be associated with religious practice".9
Thus, it is fallacious to argue that the original Constitution as adopted, enacted and
given to ourselveson November 26, 1949, was not a secular document. The inclusion in the
Preamble of the words"socialist' and "secular" by the 42nd Amendment on January 3, 1977,
only headlined what was alreadypresent in the original text of the Constitution. We must also
remember that the Preamble itself wasdrafted only after the Constitution was approved by
the Constituent Assembly. The Preamble thusbecame a one-page mission statement of the
republic's intent.10
That secularism is a core value in the constitutional system has always been beyond
debate, and itsinviolability as a principle of governance has been taken for granted.
Whenever the subject wasdebated in independent India, It was in terms of questioning the
balance between therule of equalitybefore law and the exception in the interest of protecting
the rights of minorities. It is indeed true thatthe Constitution originally had no reference to
secularism, and that the word was introduced only in1976. Yet, in terms of the emphasis it
gave to religious freedom, freedom of conscience, equality andnon-discrimination, the
Constitution was indeed imbued with the secular spirit. The 42nd Amendmentmerely made it
explicit.11
1.4 References
Debates of Constituent Assembly of India
8. Hegde, Sanjay,Op. Cit.

9. Hegde, Sanjay.Op. Cit.
10. Hegde, Sanjay, Op. Cit.
11. Secularism and the Constitution (editorial), The Hindu, November 30, 2016.
i. Austin Granville, Working a Democratic, Constitution, DUP, New Delhi, 2000.
ii. Brass Paul, Politics of India since Independence, Orient, Longman, Hyderabad,
1990.
iii. Morris – Jones, Witt, Government and Politics in India, B.I., Delhi (Last es
Edition).
1.6 Model Questions
1. Define Secularism.
2. How Secularism as enunciated in the Constitutions India.
*****
Lessons- 2
CONSTITUENT ASSEMBLY DEBATES ON RIGHTS
Structure
2.0 Objectives '
2.1 Introduction
2.2 Constituent Assembly Debates on Rights
2.3 Summary
2.4 References
2.6 Model Questions
2.0 Objective
The objective of this lesson is to give you an overview of ideology of the constitution.
 Understand the rights
 Discuss the debate on the rights in the constitute assembly
The Human rights heritage of India may be traced to the beginning of her Constitution
in 1950. But, the'Inclusion of a set of fundamental rights in India's Constitution had its
genesis in the forces thatoperated in the national struggle during British rule.12 Granville
Austin held that the fundamental rightsand directive principles had their deep roots in the
struggle for independence. And they were includedin the Constitution on the hope and
expectation that one day the tree of true liberty would bloom inIndia.13 Inspired by the
Charter of United Nations (1945) and Universal Declaration of Human Rights(1948), the
visionaries of freedom struggle and founding fathers of the Constitution of India sought
toprovide the fundamental freedoms - social, economic and political- to all. The fundamental
rights areprovided in part-III of the Constitution, it was a significant historical coincidence
that around the timethe Constituent Assembly of independent India was deliberating upon
the Draft Constitution, the UNGeneral Assembly was also drafting the Universal Declaration
of Human Rights (UDHR), It wastherefore quite natural that the ethos of our national
liberation movement and world community'sconcern for human rights were manifested in the
framing of our Constitution."14
2.1 Introduction
The national movement and process of evolution of liberty went side by side in pre-
independenceperiod. During the British regime, Indians wanted to bring an end to
12. Shiva Rao. 6, The framing of India's Constitution: A Study, Government of India Press, Nasik, 1968, p, 170.
13. Austin, Granvrtle. The Indian Constitution: Cornerstone of A Nation, Oxford University Press, New Delhi,
1966 p.50.
14. Roy. Jaytilak Guha, Human Rights for trie Twentieth Century, Indian Institute of Public Administration, New
Delhi. 2004, p 7.
discrimination inherent in thatregime, to assert their liberty and ultimately gain
independence from the foreign rule. The IndianNational Congress and many other
organisations fought for the cause of civil liberty.15 But theconsistent denial of the basic
human rights and liberties to the people by the alien rulers, made theirresolve for self rule
and independence more resolute- Ultimately the Nation became independent andthe concept
of fundamental rights was crystallised into the Supreme Law of the land, that is,
theConstitution of India by the Constituent Assembly. Free India addressed itself to the
formulation ofhuman rights through the legal instrument of the constitution.16
India being the motherland of one of the oldest civilizations of the world and the
birthplace of diversecultures and religions hasa very rich heritage of human rights ideals and
values. Unfortunately, despitesuch a rich cultural heritage, there has been barbaric societal
violence against women, children and so-called untouchables in our society.17 Constitutional
makers were aware of the violations and biases inthe social sphere. To improve upon this
situation, Constitution of free India promised justice: social,economic and political to all the
people. Both justiciable and non-justiciable rights were incorporated inthe Constitution to
realise the noble ideals that inspired the leaders of Indian freedom movement. TheJudiciary
was entrusted with the task to safeguard the rights of the people guaranteed in
theConstitution which were hitherto not available to them under the colonial rule.
2.2 Constituent Assembly Debates on Rights
The Motilal Nehru Committee had demanded fundamental rights as far back as in
1928. It wastherefore natural that when India became independent and the Constitution was
being prepared, therewas no second thought on inclusion of rights in the Constitution. The
Fundamental Rightsand Directive Principles of State Policy are sections of the Constitution of
India that prescribe thefundamental obligations of the State to its citizens. These sections
comprise a constitutional BillofRights for government policy-making and the behavior and
conduct of citizens. The FundamentalRights are defined as the basic Human-Rights of all
citizens. These rights, defined in Part III of theConstitution, apply irrespective of race, place
of birth, religion, caste, creed or gender. They areenforceable by the courts, subject tospecific
restrictions. The Directive Principles of State Policy isguidelines for the framing of laws by the
government. These provisions, set out in Part IV of theConstitution, are not enforceable by
the courts, but the principles on which they are based arefundamental guidelines for
governance that the State is expected to apply in framing and passing laws.
Fundamental rights embodied in part III of the Constitution are the embodiment of the
aspiration of thepeople for constitutional recognition of civil rights. The first step towards
framing the provision relatingto fundamental rights and allied subjects was appointment of
an advisory committee consequent uponadoption of resolution moved Pandit Govind Ballabh
Pant on January 24,1947.
15. Jaswal Nishtha, Role of the Supreme Court with regard to the Right to Life and Personal Liberty, Ashish
Publishing House, New Delhi, 1990.
16. Mehta, P L and Verma Neena, Human Rights under the Indian Constitution: The Philosophy and Judicial
Gerrymandering, Deep and Deep Publications, New Delhi, 1999, p.33.
17. Roy, Jaytilak Guha, Op. Cit. p. 6.
The Advisory Committee on Fundamental Rights was constituted by the Constituent
Assembly underthe chairmanship of Sardar Vallabhbhai Patel. The Committee submitted its
interim report on 23rd April1947 to the President of the Constituent Assembly. This report
was taken up for consideration by theConstituent Assembly on 29thApril 1947. Moving the
motion for adoption of the Interim Report in theAssembly, Sardar Vallabhbhai Patel informed
that Advisory Committee appointed by the resolution ofthe Assembly of the 24th January,
1947 had taken a decision to divide fundamental rights into parts-thefirst part justiciable
and the other part non-justiciable. The committee could not come to a final decisionas to
what fundamental rights are to be incorporated in the Constitution. He then suggested for
theconsideration of the House those rights that are justiciable. Pandit Hirday Nath Kunzru
(UnitedProvinces: General) pointed out that "the Report purports to deal with only those
fundamental rightsthat are enforceable by the courts, but a close study of it shows that it
refers to matters which cannot beincluded under the head 'Fundamental Rights', and that it
deals with those fundamental rights whichare not justiciable." Mr. Somnath Lahiri (Bengal:
General) agreed with Pandit Kunzru that "it is ratherdifficult to make a fine distinction
between what are justiciable rights and what are not." He further said:"There are certain
rights which we have been denied in the past by an alien and autocratic government.We have
come up against those difficulties. We want to incorporate every one of those rights which
ourpeople want to get. One vital thing which our people have been suffering from in the past
has been thecurtailment of the liberty of the press by means of securities and by other
methods. The press has beencrushed completely. This is a thing against which every patriotic
Indian is up in arms, including everycongressman, and, therefore, in his heart of hearts every
Indian feels that in a free India in order thatpeople may feel freedom and act up to it, there
should not be such drastic curtailment of liberties of thepress. But what do we find? There is
not even a mention of the liberty of the press in this whole list offundamental rights
submitted by the Committee, except a solitary mention made at one place that therewill be
liberty of expression. Sir, this is something which goes against our experience and must
beprotected."
Dr. Promatha Ranjan Thakur (Bengal: General)asserted that economic fundamental
rights should beincluded as justiciable rights. Economic rights are essential while framing a
country's constitution andthey must also be made justiciable. Dr. Promatha favoured
nationalization of mines, key industries andbasic industries. In relation to clause 6 regarding
'untouchability', he said that "I do not understand howyou can abolish untouchability
without abolishing the very caste system. Untouchability is nothing butthe symptom of the
disease, namely, the caste system. It exists as a matter of caste system. I do notunderstand
how this, in its present form, can be allowed to stand in the list of fundamental rights. I
thinkthe House should consider this point seriously. Unless we can do away with the caste
systemaltogether there is no use tinkering with the problem of untouchability superficially."
He felt that many of these fundamental rights have been framed from the point of view
of a policeconstable and many such provisions have been incorporated. Why?
"Because you will find that very minimum rights have been conceded
and those too verygrudgingly and these so-called rights are almost
invariably followed by a proviso. Almostevery article is followed by a
proviso which takes away the right almost completely,because
everywhere it is stated that in case of grave emergency these rights will
be takenaway. Now, Sir, what constitutes a 'grave emergency'God alone
knows. It will depend onthe executive obtaining at a particular period of
government. Apart from the knowledgethat we can gather from the
experience of other countries, there is also the knowledgeborn out of our
own experience, that is, there are certain rights which we have
beendenied in the past by an alien and autocraticgovernment. We have
come up against thosedifficulties. We want to incorporate every one of
those rights which our people want to get.One vital thing which our
people have been suffering from in the past has been thecurtailment of
the liberty of the press by means of securities and by other methods.
Thepress has been crushed completely. This is a thing against which
every patriotic Indian isup in arms, and therefore, in his heart of hearts
every Indian feels that in a free India thereshould not be such drastic
curtailment of liberties of the press. But what do we find? Thereis not
even a mention of the liberty of the press in this whole list of
fundamental rightssubmitted by the Committee, except a solitary mention
made at one place that there will beliberty of expression. Sir, this is
something which goes against our experience and must beprotected. A
Government which does not depend on the people and which rules
thecountry by autocracy and by means offeree, detains people without
trial, without having togo through a judicial process. This is a thing
against which Indians have been entertainingthe bitterest feelings. But in
the fundamental rights that have been cooked up by thisCommittee we
do not find this right."
Prof, N. G. Ranga (Madras: General) speaking onfirst clause-sub-clause 8(a) - "The
right of everycitizen to freedom of speech and expression" - said that 'Expression' includes
freedom of the press. Heexpressed extreme satisfaction with regard to clause 22(1) and 22(2)
dealing with right to the ordinarycitizen to move the Supreme Court by appropriate
proceedings for the enforcement of any of the rightsguaranteed by this part He opined "this is
a very important privilege that is being conferred on ourcitizens. The only additional privilege
that I wanted to be conferred upon them is that those citizens whoare so poor as not to be
able to move the Supreme Court, should be enabled under proper safeguards,of course at the
cost of the State, to move the Supreme Court in regard to the exercise of any of
thesefundamental rights."
After adoption ofthe motion, Sardar Vallabhbhai Patel informedthe Assembly that
"there were twoschools of thought in the Advisory Committee and there were a large number
of very eminent lawyerswho could scrutinise every word of every sentence, even commas and
semi-colons, from a very criticalpoint of view. These two schools viewed the matter from two
different angles. One school considered itadvisable to include as many rights as possible in
this Report - rights which could straightaway beenforceable in a court of law. The other
school of thought considered it advisable to restrictfundamental rights to a few very essential
things that may be considered fundamental. Between the twoschools there was considerable
amount of discussion and finally a mean-was drawn which wasconsidered to be a very good
mean. The third school required that under the fundamental rights whichwere provided for a
free India there should be no police, there should be no jail, there should be norestrictions on
the press, the baton, the lathi or the bullet. Everybody should be free in a free India to
dowhat he likes. That school was absent in the Committee."
Clause wise deliberations on Interim Report of Advisory Committee on fundamental
Rights werecontinued by the Constituent Assembly on the next day i.e. 30th April 1947.
Clauses 5 & 7 -Rights ofEquality and clauses 8 & 9 -Rights of Freedom were deliberated
upon and adopted, as amended bythe Constituent Assembly.
Speaking about Clause 5: relating to "There shall be equality of opportunity for all
citizens in matters ofpublic employment and in the exercise of carrying on of any occupation,
trade, business or profession",Rao Bahadur Chaudhri Suraj Mal (Punjab: General)proposed
that in clause 5 "Provision may bemade by law to impose such reasonable restrictions as may
be necessary in the interest of agriculture."
He favoured protective provisions for "petty proprietors", commonly known as
Bisvadars or pettyZamindars, for protecting them from the big Landlords, Capitalists and
wealthy people, who do notcultivate the land themselves, in my opinion, such restrictions are
very essential for the benefit of thewhole country, I hope that such powers will be given to the
Units, which will enable them to protect theircultivators Sardar Prithvi Singh Azad (Punjab;
General): opposed the amendment moved by RaoBahadur Suraj Mal. He said: "there is a
black law in the Punjab, which is known as 'Land AlienationAct'. The purpose of this
amendment is to preserve this law. It is highly detrimental to our depressedand other non-
agricultural classes. It has allowed those who go under the name of Zamindars or
labelthemselves as peasants to permanently enslave a large section of people in the Punjab.
It would meanthat those communities, which have been forced to live under the tyranny of
Zamindars for centuries,and which by the help of the black law of "Land Alienation Act" have
been kept in the clutches of theZamindars will not be able to recover for centuries.
On 29thAugust 1947, the Constituent Assembly set up a Drafting Committee under the
Chairman of Dr.B.R. Ambedkar. Supplementary Report of the Advisory Committee on
Fundamental Rights was takenup for consideration by the Constituent Assembly on 30th
August 1947.
Sardar Vatlabhbhai Patel (Bombay: General) while submittingthe report said that
most of the mainproposals of the Interim Report of the Advisory Committee on Fundamental
Rights were consideredand accepted by the Constituent Assembly. But, the report was to a
certain extent incomplete becausethe committee had to consider several matters which were
referred back and some proposals were alsoreceived direct. There were two parts of the
report: one contained fundamental rights which werejustifiable and the fundamental rights
which were not justiciable but were directives which would beuseful for the governance of the
country. He informed that "now the Advisory Committee hasconsidered both these parts and
completed its work." He placed before the house some importantmatters regarding justiciable
rights which were not finished earlier and which were referred back to theCommittee. The
matters presented before the house by him were as follows:
I) Regarding clause 16 which reads- "No person attending any school maintained or
receivingaid out of public funds shall be compelled to take part in any religious
instruction that may begiven in the school or to attend religious workshop held in
the school or in premises attachedthereto," meaning thereby that there should be
no compulsion in religious education in schoolsmaintained by the State or
receiving public aid; and the Committee' has accepted this, andrecommend that
the House should accept it.
During the debate on clause, amendments were suggested and unanimity could not
prevail over theissue to resolve the issue Sardar Vallabhbhai Patel suggested thatas the
issue has beendiscussed in the house, it would be better to refer it to a small Committee of
two or three people than toreferring back to the Advisory Committee. The suggestion was
accepted by the house that the matterbe referred to a small committee who will send report
to the Drafting Committee which will in turnsubmit the final report to the Constituent
Assembly.
II) Then the assembly proceeded to deliberate Clause 17 which refers to conversion,
it reads""Conversion from one religion to another brought about by coercion or
undue influence shall notbe recognised by law."
Shri M. Ananthasayanam Ayyangar (Madras:General) wanted that "a positive
fundamental rightmust be established that no conversion shall be allowed, and if any
occasion does arise like this, let theperson concerned appear before a Judge and swear
before him that he wishes to be converted. Thismay be an out-of-the-way suggestion but I
would appeal to this House to realize the dangerousconsequences otherwise."
Shri R. V. Dhulekar favoured retention of the clause as it stands, as he thought that
all sorts of effortsare being made to increase the population of a particular section.
Sardar Vallabhbhai Patel sensed that "there is no difference of opinion on the merits
of the case thatforcible conversion should not be or cannot be recognised by law on that
principle there is no differenceof opinion. The question is only whether this clause is
necessary in the list of fundamental rights. Now,if it is an objective for the administration to
act, it has a place in the Second Part which consists of non-justiciable rights. If you think it
is necessary, let us transfer it to the Second Part of the Schedulebecause it is admitted that
in the law of the land forcible conversion is illegal."
The Constituent Assembly adopted the motion that this should not be put in the
Fundamental Rights."
Ill) The Constituent Assembly thereafter took up Clause 18(2), which reads."No
minority whetherbased on religion, community or language shall be discriminated
against in regard to theadmission into State educational institutions, nor shall any
religious instruction be compulsorilyimposed on them".
There is another part of the report which contains, in addition to justiciable rights,
certain directives ofState policy which, though not cognizable by any court of law, should be
regarded as fundamental inthe governance of the country. The provisions that the Committee
considered were included inAppendix A which was added to the Report.
After deliberations in the House, amendments moved by the members of the assembly
to clause 18(2)were put to vote.
The text of the amendments proposed, its proposer and outcome of voting of the House
is as under:
S.No Amendments proposed Who proposed the What was the
amendment outcome of voting?
1. 'Provided that this clause does not apply to Ahmed Ibrahim The motion was
state Educational institutions maintained Sahib negativated.
mainly for the benefit of any particular
community or section of the people.”
2. "That in Clause 16 (2) after the words, ‘State’ Purnima Banerji The motion was
the words and ‘State-aided’ be Inserted." negativated.
3. 'That the following be added after the word Mohanlal Saksena The motion was
'institution' in clause 18 (2); negativated.
"Provided that no State aid shall be given
to any institution imparting religious education
unless the syllabus of such education is duly
approved by the State.”
The original clause that "No minority whether based on religion, community or language shall
bediscriminated against in regard to the admission into state educational institutions," was
adopted.
Mr. R. K. Sidhwa (C. P. & Berar General) and Mr. B. Das (Orissa: General) were
against theinclusion of non-justiciable Directive Principles in the text of the Constitution.
Speaking in theConstitution Assembly Mr. B. Das said "In the principles of Constitution we
have approved so far be itthe Provincial Constitution or be it the Union Constitution or be it
the Union Powers I do not findanything that makes it obligatory on the Government, on the
State, to discharge their obligatory dutiesto the people of India about common welfare and
well being of the people. So better it is that thesepious clauses find their way to the Appendix
and not to the main Constitution Act. Too much is made of'justiciable' and 'non-justiciable.' I
do not understand how the Irish Constitution included some of thesenoble principles in the
body of theConstitution, if the Irish Constitution can do it, the Indian Constitutionmust do it.
But then, Sir, we are-up against a brick wall of lawyers. Legal talents are there and they
rulethat these are justiciable and other are non-Justiciable. The result is that this House is
reduced to thestatus of children and made to function as children. The Government though
itis democratic, mustfollow, they say, the precedents and the traditions of the bureaucratic
Governments of the past. If itdoes so, it cannot effect any improvement in the social
conditions of the people."
Dr. P.S. Deshmukh: (C, P.& Berar: General) decried the attempt of the Advisory
Committee to rely toomuch on the Irish Constitution for provisions on fundamental rights in
the Indian Constitution.
He said - "India is totally incomparable with Ireland, What is there in Ireland, that we
should bodilyadopt its fundamental rights for our country? What may be useful for them may
not be worthy ofconsideration by us. The total population 'of Ireland is only 29 lakhs which is
the same as, if not lessthan the population of the State of Baroda. And what is the character
of this particular Constitutionwhich has been considered worthy of imitation? I have not seen
any important book on ConstitutionalHistory or Constitutional Law bestowing any special
praise on the Irish Constitution and I fail to seewhat there is that makes it fit to be adopted
whole-sale. In my opinion the Committee viewed the wholequestion from an utterly wrong
stand-point. Our Constitution framers appear as if they merely studiedthe existing
Constitutions and chose what they thought would probably serve as a sop to the
socialistsand communists."
Regarding non-justiciable rights he said-the Indian society would in the future be
regulated on definiteprinciples. What are the principles that have been embodied here that
people have a non-justiciableright to a means of livelihood, that the pay of man and woman
would be equal, that youth and childhoodwill be protected etc.? All these things and every
one of the items that have been put down here are amatter of common knowledge and any
modern Government would be ashamed not to own what hasbeen embodied here. It is the
absolute minimum that every modern Constitution and Government mustavow."

1. What Rights?
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2. How many Fundamental Rights granted by Indian Constitution to Indian

Citizens?
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Shri Vishwambhar Dayal Tripathi: (United Provinces; General), welcoming the report
on fundamentalrights said that a constitution for the coming generations of India should
inter alia include:
"The basic principle trial the poor man should have full right to rise to the
highest station inlife, he should have the facilities to do so, not out of
somebody's compassion, butbyhisownstrength and the assistance of
society. Many things in our constitution, /aid down manyprinciples and
made an effort to solve many national and international questions, but we
didnot write even a word for removing the poverty of the poor. Except for
goodwill, no otherword is found in the whole constitution. Except for the right
of vote, the poor man has not yetgot any other right under the constitution.
Being a representative of the poor I am grateful forthis right to vote but this
is not enough. Therefore, I submit very humbly that we shouldmake such
rules and regulations as may make it clear and necessary that when
ourconstitution will be ready and acted upon, it will not result in the rule of a
few capitalists andvested interests and they alone will not dominate the
administration and the people wouldnot be dependent on them. There are a
few friends of mine who feel irritated at the veryword socialism. I do not
want to irritate them and in fact there is no need of irritating them bymaking
a mention of socialism. But I simply love this word. A time will come when
socialismwill reign supreme both in our country as well as in the world as
was remarked by PanditJawaharlal Nehru while speaking on the Objectives
Resolution, Even then, if there are somewho feel irrigated at 1. I am not so
petty as to use this word repeatedly to annoy mycolleagues and friends.
Therefore, if you dislike the word socialism, let it go, do not use it.But you
must make such regulations as may prevent the domination of vested
interests,capitalists and those who desire to keep the poor under
subjugation. I would request you atleast to prevent the capitalists and
vested interests from standing for the membership of thelegislature or from
holding high posts or those in the Ministry. I am sorry to say so,
butwhatever I have said is not by way of criticism. When/goto old or New
Delhi, I hear peoplewondering how such and such men have got into such
and such committees. The public issuspecting as to whether the Constitution
that is being framed is for the poor people or forvested interests. The names
of those people generally appear for these committees whorepresent the
vested interestsand not of those who made tremendous sacrifices for
theircountry during the last thirty years. I do not know what we should tell
the people. We admitthat up to a certain stage we may require the
capitalists but it is not proper that they shouldwield influence under the
Constitution. The country will never approve of it and I know thatour leaders
also who have suffered for our country do not approve of it. And if they also
willnot approve of it, some such provision should be included as may
prevent these capitalistssubsequently from gaining power. This is very
necessary andit can be done in either ofthese two ways. You can either
provide that our constitution our future social structure willbe on socialistic
lines. If however, you do not wish to use the word socialism, you canprovide
that you are not prepared to retain, capitalism in any form, and so long as
capitalismhas to be retained, you may provide that no one who is engaged
in profit-making canoccupy high Governmental position. You can know who
joins the Government with profitmotive and how he takes unfair advantage
of his position. You people understand the waysin which people take unfair
advantage. I therefore respectfully submit that it is verynecessary that we
include some such provision in these fundamental rights as may be
asafeguard against these dangers. Until we make such a provision, the poor
people of thiscountry will not be benefited by this constitution. Today when
we go out we find peopleasking us as to what place we are giving to the
poor in the Constitution and what we aredoing for them and they openly
point out that unless something is done for them, thisConstitution is useless
for them.”
On October 10, 1947, Dr. Rajendra Prasad in a letter to Dr. Ambedkar Chairman
Drafting Committeesuggested that the draft Constitution as prepared by the Constituent
Assembly may be published for theinformation of the public as it is. But the Drafting
Committee in its meeting held on October 27 decidedthat the Draft Constitution should not
be published at this stage, but it might be so published after theDrafting Committee had
finally settled the Draft. The decision about placement of the DirectivePrinciples of State
Policy in the whole constitutional scheme was taken by the Drafting Committee onOctober
1947. Dr. Ambedkar submitted the revised Draft of the Constitution to the President of
theConstituent Assembly on February 21, 1948.
As per the text of the Constitution the Directive Principles of State Policy are not
legally enforceablethrough the agency of courts. But the apex court has held that
fundamental rights and directiveprinciples, together, constitute the core and conscience of
the Constitution. Speaking DirectivePrinciples of State Policy in the Constituent Assembly on
19thNovember 1948, Dr. B.R. Ambedkar said:
"As I stated, our Constitution as a piece of mechanism lays down what
is calledparliamentary democracy. By parliamentary democracy we mean 'one
man, one vote'.While we have established political democracy, it is also the
desire that we should laydown as our ideal economic democracy'. There are
various ways in which people believethat economic democracy can be brought
about; there are those who believe inindividualism as the best form of economic
democracy; there are those who believe inhaving a socialistic state as the best
form of economic democracy; there are those whobelieve in the communistic
idea as the most perfect form of economic democracy. Wehave left enough room
for people of different ways of thinking. That is the reason why thelanguage of
the articles in Part IVis left in the manner in which this Drafting
Committeethought it best to leave it. It is no use giving a fixed, rigid form to
something which is notrigid, which is fundamentally changing and must,
having regard to the circumstances andthe times, keep on changing.It is,
therefore, no use saying that the directive principleshave no value. In my
judgment, the directive principles have a great value, for they laydown that our
idealis economic democracy.
Shri M. Ananthasayanam Ayyangar, while taking part in the deliberations of
Constituent Assemblysaid "the Supreme Court according to me is the Supreme guardian of
the citizen's rights in anydemocracy. I would even go further and say that it is the soul of
democracy. The executive whichcomes into being for the time being is apt to abuse its
powers, and therefore the Supreme Court mustbe there, strong and un-trammelled by the
day to day passions which may bring a set of people intopower and throw them out also in a
very short time. In less than three or four years during which aparliament is in being, many
governments may come and go, and if the fundamental rights of theindividual are left to the
tender mercies of the Government of the day, they cannot be calledfundamental rights at all.
On the other hand, the judges appointed to the Supreme Court can bedepended upon to be
the guardians of the rights and privileges of the citizens, the majority and theminority alike.
So far as the fundamental rights are concerned, my humble view is that there is nodifference
between the rights and privileges of individual citizens, whether they belong to the
majoritycommunity or to the minority community. Both must be allowed to exercise freedom
of religion, freedomof conscience, must be allowed to exercise their language and use the
script which naturally belongs tothem These and other rights must be carefully watched and
for this purpose the Supreme Court hasbeen vested with the supreme ultimate jurisdiction."
Dr. B.R. Ambedkar speaking in the Constituent Assembly on 25th November 1949
said:
"I do not say that Fundamental Rights can never be absolute and the limitations set
upon them cannever be lifted. What I do say is that the principles embodied in the
Constitution are the views of thepresent generation or if you think this to be an over-
statement, I say they are the views of the membersof the Constituent Assembly. Why blame
the Drafting Committee for embodying them in theConstitution? I say why blame even the
Members of the Constituent Assembly? Jefferson, the greatAmerican statesman who played
so great a part in the making of the American constitution, hasexpressed some very weighty
views which makers of Constitution, can never afford to ignore, in oneplace he has said: “We
may consider each generation as a distinct nation, with a right, by the will ofthe majority, to
bind themselves, but none to bind the succeeding generation, more than the inhabitantsof
another country.”
"I admit that what Jefferson has said is not merely true, but is absolutely true. The
Assembly has notonly refrained from putting a seal of finality and infallibility upon this
Constitution as in Canada or bymaking the amendment of the Constitution subject to the
fulfillment of extraordinary terms andconditions as in America or Australia, but has provided
a most facile procedure for amending theConstitution. I challenge any of the critics of the
Constitution to prove that any Constituent Assemblyanywhere in the world has, in the
circumstances in which this country finds itself, provided such a facileprocedure for the
amendment of the Constitution, If those who are dissatisfied with the Constitutionhave only
to obtain a 2/3 majority and if they cannot obtain even a two-thirds majority in the
parliamentelected on adult franchise in their favour, their dissatisfaction with the
Constitution cannot be deemed tobe shared by the general public."
"Here I could have ended. But my mind is so full of the future of our country that I feel
I ought to take this occasion to give expression to some of my reflections thereon. On 26th
January 1950, India will be an Independent country. What would happen to her
independence? Will she maintain herindependence or will she lose it again? This is the first
thought that comes to my mind. It is not thatIndia was never an independent country. The
point is that she once lost the independence she had. Willshe lose it a second time? It is this
thought which fills me with anxiety. This anxiety is deepened by therealization of the fact
that in addition to our old enemies in the form of castes and creeds we are goingto have
many political parties with diverse and opposing political creeds. Will Indian place the
countryabove their creed or will they place creed above country? I do not know. But this
much is certain that ifthe parties place creed above country ever. This eventuality we must
all resolutely guard against. Wemust be determined to defend our independence with the last
drop of our blood."
2.3 Summary
The Directive Principle are not excluded from the cognizance of the court, as under the
IrishConstitution; they are merely made non-enforceable by a court of law. Merely because
the DirectivePrinciples are not enforceable in a court of law, it does not mean that they are of
subordinateimportance to any part of the Constitution. The crucial test which has to be
applied is whether theDirective Principles impose any obligations or duties on the State; if
they do, the State would be boundby a constitutional mandate to carry out such obligations
or duties, even though no corresponding rightis created in favour of any one that can be
enforced in a court of law. In fact, non-compliance with theDirective Principles would be
unconstitutional on the part of the State and it would not only constitute abreach of faith
with the people who imposed this constitutional obligation on the State but it would
alsorender a vital part of the Constitution meaningless and futile. Parts III and IV of the
Constitutionconstituted an integrated scheme forming a self-contained code. The scheme is
made so elastic that allthe Directive Principles of State Policy can reasonably be enforced
without taking away or-abridging thefundamental rights. Most of these Directives aim at the
establishment of the economic and socialdemocracy which is pledged for in the Preamble.
According to Granville, one finds a very 'clearstatement' of social revolution in the Directive
Principles. They aim at making the Indian masses free inthe positive sense, free from the
centuries of coercion by society and by nature, free from abjectphysical conditions that have
prevented them from fulfilling their best selves.
The leaders of the Independence Movement had also drawn no distinctions between
thepositive and negative obligations of the State. Both types of rights had developed as a
commondemand, products of the national social revolutions, of their almost inseparable
intertwining, and of thecharacter of Indian politics itself.
2.4 References
Debates of Constituent Assembly of India
1. Shiva Rao. 6, The framing of India's Constitution: A Study, Government of India
Press, Nasik, 1968, p, 170.
2. Austin, Granvrtle. The Indian Constitution: Cornerstone of A Nation, Oxford
University Press, New Delhi, 1966 p.50.
3. Roy. Jaytilak Guha, Human Rights for the Twentieth Century, Indian Institute of
Public Administration, New Delhi. 2004, p 7.
4. Jaswal Nishtha, Role of the Supreme Court with regard to the Right to Life and
Personal Liberty, Ashish Publishing House, New Delhi, 1990.
5. Mehta, P L and Verma Neena, Human Rights under the Indian Constitution: The
Philosophy and Judicial Gerrymandering, Deep and Deep Publications, New Delhi,
1999, p.33.
6. Roy, Jaytilak Guha, Op. Cit. p. 6.
7. Minerva Mill v. Union of India. AIR I980 SC I789.
8. I.C. Golaknath v. State of Punjab, AIR 1967 SC 1643.
9. Basu. Durga Das, Introduction to the Constitution of India, Op. Cit., p.137.
10. Austin Granville, The Indian Constitution: Cornerstone of A Nation, Oxford University
Press, Bombay, 1966, p.51.
11. Austin. Granville, Op. Cit., p.52.
2.6 Model Questions
1. Define Risk.
2. Explain Constituent assembly debates on Rights.
^^^^^^
Lesson - 3
IDEOLOGICAL BASIS OF THE INDIAN CONSTITUION
Structure
3.0 Objectives
3.1 Introduction
3.2 Preamble
3.3 Ideological Principles
3.3.1 Liberal Democracy
3.3.2 Secularism
3.3.3 Socialism
3.4 Summary
3.5 References
3.7 Model Questions
3.0 Objectives
The objective of this lesson is to give you an overview of Ideology of the Constitution.
• understand the secularism
• discuss the debate on the See-in this constitutional assembly
3.1 Introduction
In the previous lesson you have studied now the Indian Constitution was drafted and
enacted byConstituent Assembly, now we shall discuss what is the basic philosophy of the
Constitution? For thiswe shall have to look into the provisions of the Preamble which
embodies the philosophy of theConstitution. The Preamble of the constitution of India 1950
is patterned along the lines of historic ObjectiveResolution adopted by the Constituent
Assembly on January 22,1947. Therefore, we would first studythe Objective Resolution
which influenced the shaping of the fundamental law of our land and itsideological
foundations.
The Objective resolution was moved by Mr. Nehru at the first meeting of the
Constituent Assemblyon December 13, 1946. It was significant for two reasons. Firstly, it
seemed to mark the successfulconclusion of the struggle for freedom from British rule and
the beginning of an independent existence.Secondly, it was a statement of the basis on which
the new Indian state would be established. It read asfollows:
“This Constituent Assembly declared its firm and solemn resolution to proclaim India
as an independent Sovereign Republic and to draw up for the future governance a
Constitution”.
Wherein all power and authority of the Sovereign independent India, its constituent
parts andorgans of government was derived from the people. Wherein shall be guaranteed
and secured to all thepeople of India justice, social, economic and political, equality of status
of opportunity, and before the lawfreedom of thought, expression, belief, faith, worship,
vocation, association and action subject to law andpublic morality; and,
Wherein adequate safeguards shall be provided for minorities, backward and tribal
areas, anddepressed and other backward classes, and
Whereby this ancient land shall attain its rightful and honoured place in the world
and make its fulland willing contribution to the promotion of world peace and welfare of
mankind'.
The Preamble to the Indian constitution of 1950 which is largely based on the
Objective Resolutionis as under:-
3.2 PREAMBLE
It is universally accepted practice that every constitution must begin with Preamble.
The Governmentof India Act, 1935, was perhaps the only exception to this rule. Preamble
highlights the dominant featuresand the basic objectives of the whole constitution. It is infact
a window, peeping through which one canget a glimpse of the Constitution. Our Constitution
makers also attached a Preamble to the Constitution.It is based on the objective resolution
stated above.
It is very well worked and logically drafted essence of the principles of the Constitution.
Wereproduced the Preamble here below as amended by 42nd amendment.
We, the people of India.
Having solemnly resolved to constitute India into a Sovereign, Socialist, Secular,
Democratic,Republic and to secure to all its citizens:
JUSTICE : Social, Economic and Political:
LIBERTY: of thought, expression, belief, faith and worship:
EQUALITY: of status and of opportunity and to promote among them all:
Fraternity assuring the dignity of Individual and the unity and integrity of the nation:
In our Constituent Assembly, this twenty sixth day of November, 1949 do hereby
adopt, enactand give to ourselves this Constitution.
Analysing the Preamble, the thing that strikes us is that it establishes the supremacy
andsovereigntyof the people. This is manifest from opening and closing lines ; "we the people
of India anddo hereby adopt, adopt, enact and give ourselves this Constitution "Shri K. V.
Kamath, a very prominentmember of Constituent Assembly moved a resolution to the effect
that the Preamble should open withthe words. "In the name of God" The fathers of
Constitution did not approve of the idea pinned their faithin and by their direct authority
(and not through the agency of the Constituent Assembly) the repositorythe Constitution
making authority thus, the Preamble establishes that in this country, all authority flowsout
of the people.
The Preamble of the Constitution further describes India as Sovereign, Socialist,
SecularDemocratic, Republic. Those words very aptly describe the nature of our state. The
words, Socialistand Secular, have been added by 42nd amendment act, 1976.
Indian is a Sovereign State in the sense that like any other country in the world, it also
enjoyscomplete independence both in control of its internal administration and dealing with
sister states. In certainquarters, however, doubts have been cast over our membership of the
Commonwealth of Nations. Itisalleged that this membership is a legacy of past imperialism
and thus reflects upon our sovereigncharacter. But objectively speaking, this membership
does not in any way detract a bit from our positionas a sovereign state. It is exclusively based
on voluntary basis. Whenever we like, we can come out ofthis association, Pakistan
abrogated her membership without slightest difficulty. Replying to critics Nehruonce said, we
took place long ago to achieve 'Puran Swaraj'. Does a nation lose its independence by
analliance with another country? Alliance normally means mutual commitment. Our free
association withthe Commonwealth Nations does not involve any such commitment. It’s very
strength lies in its flexibilityand its complete freedom. It is open to any member nation to
come out of the Commonwealth wheneverit so chooses,"
Critics also point out that India's membership of Commonwealth of Nations and her
acceptanceof the crown of England as the symbol of free association of independent nations
and the head of thecommonwealth is not compatible with the republican states. It is
contended that the agreement of 1949was the greatest mistake done by the government. But
this chargeis not wholly correct as agreementwas an outcome of a compromise reached at the
commonwealth Prime Minister's conference held in1949. It was decided in the conference
that India's position in the commonwealth will be different fromthe dominions. Mr. Nehru
explained, "We agree to consider the king as the symbolic head of the freeassociation, but the
king has no functions attached to that status in the commonwealth. So far as
theConstitution of India is concerned, the king has no place and we owe no allegiance to him
(Broadcast,May 13,1949)." Thus, we may say that India's status of a Sovereign independent
republic is by no meansaffected by commonwealth membership.
India is now declared to be a socialist state. This declarationis made to give emphasis
to thesocialistic policies. Otherwise toothe concept or social and economic justice in the
Preamble implied tothe establishment of socialist order. Even during the process of
constitution making a member of theConstituent Assembly (Prof. K. T. Shah) had suggested
that India should be declared socialist but itwas not done that time. The establishment of the
socialist order requires the abolition of all sorts ofinequalities of wealth and opportunity.
There should be no distinction between man and man from thestand point of economic
value, in short it means equality of reward for equal work. It also means theabolition of those
economic conditions which result in the concentration of wealth in few hands and
theexploitation of others. Though the constitution is not tied to any particular school of social
philosophy likesocialism or communism and does not advocate state ownership of the means
of production. It holds outthe ideas of the social and economic equality in the chapter on
directive principles of state policy.
Though the word socialist was not in the original constitution, the Government has
made manyattempts to establish social equality and bridge up the gap between the rich and
poor. For example,jamindari abolition laws, abolition of forced labour, nationalization of
industries and the special safeguardsto the backward classes.
Secularism is another distinctive feature of Indian Constitution. The fathers of the
IndianConstitution did not like to undermine the confidence of the religious minorities;
hence, secularstate was opted for though it was not mentioned in the preamble. In the words
ofVentakraman, "thesecular state is neither religious, nor anti-religious, but is wholly
detached from religious dogmas andactivities and thus central in religious matter. Asecular
state preserves complete religious neutrality andrefused to recognise man made barriers. It
stands for freedom, toleration, and equality of all Individuals.It deals with the relations
between men and not between man and his creator. In the words of K.V.Kamath, an
important member of the Constituent Assembly, "When I say that a state should not
identifyitself with any particular religion, I do not mean to say that a state should be anti-
religious or irreligious.We have certainly declared India to be a secular state. But to my mind
a secular state is neither aGodless state not an irreligious, not anti-religious state." (The
terms 'Socialist and Secular' have alreadybeen explained in this lesson in detail).
It is thus evident that secular stateis neither anti-religious nor different to religions. It
practices anattitude of impartiality towards all religions. The state assures to everyone the
right to profess whateverreligion one chooses to follow. It does not exhibit discriminatory
treatment against any person on accountof his religion of faith.
Another significant term depicting the nature of our state is democratic. This is quite,
a comprehensiveterm.It implies democratisation of not only the government but ofthe society
also. The preamble also emphasizes this point as it declares that democracy in India shall
not be confined to the political sphere alone but willextend to the social and economic
aspects of life as well. The Constitutionestablishes a democraticset-up in the country. The
legislature of the state and Parliament of India are both elected. Provision ismade for
elections at regular intervals. The people on the basis of adult franchise are given the
opportunityto choose their representatives through free democratic election. The communal
electorate hasbeen abolished. Besides the establishment of political democracy, the
constitution guarantees socialand economic democracy by including certain fundamental
rights and directive principles of state policy.Serious efforts are being made to remove all
scars that reflect the undemocratic nature of the societysuch as casteism, untouchability,
economicdisparity, inequalityofopportunityetc.
Finally, India is a republic which implies that the Head of the State is popularly
elected representativesof the people and not hereditary like the king of England. The
President of India is elected in an indirectmanner by the elected members of both the houses
of parliament and the state legislative assemblies.
3.3 Ideological Principles ..
It is generally said that thePreamble to Constitution is a key to its spirit or ideology.
This is true ofthe Preamble to the Constitution of India. It explains the basic objectives and
purposes sought to beachieved and give an inspiring picture of the futureIndia. Before
Independence most of the leaders andalmost the entire Indian Community were under the
impression that the attainment of political freedomwould solve all the socio-economic
problems which the people were facing. But when India attainedindependence it was realized
that political freedom alone cannot cure all socio-economic problems. Itwas realized that
political freedom without socio-economic justice will have no significance for themasses. This
realization finds its expression in the Preamble. The founders of the Constitution wantedto
lay the foundation of India on the principles of liberal democracy, secularism and socialism.
Now weshall discuss them in some detail.
3.3.1 Liberal Democracy
Before analysing the principle of liberal democracy adopted by the framers of the
Indianconstitution, we should know what is meant by democracy. For most people the term
democracy is apolitical concept and when so considered is, of course, independent of
economic concepts. As. a politicalconcept, it is defined as "Government by the people," or a
form of Government in which ultimate power isvested in the people and exercised by them or
by their elected representativesin free electoral system.Since the 18th century this form of
political democracy has been widely favoured in the world especiallyin the western world.
Many of these ideas have been inherited from Locke, whose philosophy had itsimpact on the
political framework of England and U.S.A. He believed in government in which the
powerultimately lay with the people through their representatives. He believed, if the
representatives did not carryout of the will of people, the peoplehas a right to revolt. In
economic sphere he believed in Laissez fairpolicy. J.S, Mill also strongly supported
democracy and advocated the value of liberty, freedom of thoughtand expression and
freedom from the tyranny of ideas of the majority of people in a society. He toobelieved in a
laissez fair economic system but a more restricted one from that of Locke's.
John Dewey stated that the intimate connection between the political and economic
aspect and hisphilosophy took the name of democratic liberalism because his economic
concept was quite liberal.What most Americans conceive to be democracy is really a
representative political theory plus a modifiedeconomic system related to the ideas of Lock
and Mill.
As the time of independence approached, it was dear that the new Indian state would
be ademocracy in form if not in spirit. Most of the leaders of Indian National Movement were
greatly influencedby the principles of 19th century liberal democracy and 20th Century
Socialist democracy. Moreover,Indians favoured democracy because of their long association
with the British. Therefore, the principles ofliberal democracy were embodied in the
constitution.
Firstly, the constitution established representatives’ democracy. For this the
constitution ensuresuniversal adult suffrage and free and fair periodic elections. This
embodied in Article 326 of the Constitutionwhich says, "The election to the House of the
people and the Legislative Assembly of every state shall be onthe basis of adult suffrage." The
decision to give unrestricted, universal direct adult suffrage was a bolddecision taken by
framers of the constitution because most of the people of India had no previousexperience in
voting. The Constituent Assembly adopted the principle of "adult suffrage with an
abundantfaith in common man and the ultimate success of democratic rule, and in full belief
that the introductionof the democratic government on the basis of adult suffrage will bring
enlightenment and promote thewell being, the standard of life, the comfort and the decent
living of common man". According to Austin,"direct election wasto be the pillar of the social
revolution". He further said, 'Adult suffrage gave voiceindeed power to millions who had
previously to depend on the whims of others for even a vaguerepresentation of their
interests". The experience of thirteen general elections held in India sinceindependence, has
on the whole been encouraging. Elections have become a normal part of the Indianpolitical
process.
There is no provision forthe agencies of direct democracy like initiative, referendum,
recall andplebiscite. The authority of conducting the Government at the centre, states and
even at the lowest level i.e.local government has been placed in the hands of the
representatives chosen by the people in democraticmanner. The 44th constitution
amendment Bill aimed to provide for a referendum if the basic structure ofthe Constitution is
to be amended. But this very clause was adversely reacted upon by the elders inRajya Sabha.
Consequently, the 44th amendment was passed without this provision.
Besides granting universal adult suffrage and establishing representative democracy,
theConstitution ensures full-fledged political democracy in India by conferring upon the
citizens a variety ofjusticiablefundamental rights (Article 12-35) to the people. They include
freedom of thought, expressionand organisation, religious freedom and the rule of law. The
Constitution also guarantees the equality ofall citizens irrespective of religion, race, caste, sex
or place of birth. The abolition of titles and the ban onuntouchability gave a practical shape
to the principle of equality enshrined in the Constitution. These rights are not absolute but
are accompanied by express or implicity reservations necessary for ensuringthe security of
the state and the stability of the social order. There cannot be uncontrolled liberty.
Thepossession and enjoyment of all rights are subject to reasonable restrictions, for the
safety, health, peace, general order and morals of the community. The Constitution also
ensures reasonablereservations and safeguards for the betterment of the minorities and
other weaker sections of societybecause the main danger in democracy is that rights and
interests of minorities and weaker sectionsof population may be neglected or suppressed by
arrogant majorities. The framers of the Constitutionwere alive to this danger and have
provided against it. In fact the Constitution permits protectivediscrimination in favour of
backward classes by the provisions of articles 15,16 and 29, Article 15provides protective
discrimination to women, children and socially and educationally backward classesand
schedule tribes. Article 16 empowers the state to make any provision for the reservation of
posts infavour of any backward class of citizens, which, in opinion of the state is not
adequately represented inthe services under the state. Article 29 empowers the state to
reserve seats in state colleges for sociallyor educationally backward class of citizen of
scheduled castes or tribes. Article 29 along with Article 30confers upon the minorities the
right to preserve their languages, scripts and culture and to establish andadminister
educational institutions of their choice. All the above mentioned fundamental rights are
placedabove ordinary law and made justiciable for the purpose of protecting the people
against the arbitraryactions of executive authority acting in the name of and wielding the
force of government and against theexcesses of executive legislatures dominated by transient
numerical majorities and consequently swayedby partisan passions and prejudices.
Fundamental rights, thus, protect the individual and especiallyminorities against
government autocracy and against the tyranny of the majority. This scheme isconsistent with
the fundamental approach of Indian democracy, which is committed to the establishmentof
socio-economic justice in India. A welfarestate like India does not subscribe to the laissez
fair(individualistic) philosophy propounded by J.S. Mill. It recognizes its duty to assist the
socially andeconomically weaker sections of the community in their struggle for the
betterment of their lot.
3.3.2 Secularism
The ideal of secularism is clearly embodied in the Constitution and is being
implemented in substantialmeasure.It’s implemented through 42nd amendment in 1976.
Before we discuss the various provisions of theConstitution which embody this ideal we must
know its meaning. The dictionary meaning of secularism is, indeference or rejection of
religion and religious considerations". This is a negative connotation of the term. Itcompletely
rejects religion and supports anti-religious considerations. But the ideal of secularism which
we aretalking about is different from this dictionary meaning. As a matter of fact secularism
in the present context is aterm of western origin. It had been interpretedin the west as a
revolt against theologicaland metaphysicalabsolutes. In the Renaissance period the
secularism was meant as a rationalistic interpretation of religious ideaand values. In modern
times secularism is related to the value of universalism, modernism and rationalism.
A western scholar has defined the secular state as "a state which guarantees
individual corporate freedom of religion, deals with the individual as a citizen irrespective of
his religion: Is not constitutionally connected to a particular religion nor does it seek either to
promote or to interfere with religion".
Thisdefinition implies three things. Firstly, in a secular state individual is free to have
any religion he likes or hecan renounce any. Secondly, the citizenship is not given on the
basis of any religious considerations.Thirdly, the state has no official religion and is neutral
to allreligions and there is complete separationbetween state and religion. Secularism is a
modem conceptof state in which religion is made as anindividual phenomenon and state is
completely separated from the religion as an Institution.
The ideas of secularism were brought by Britishers to India. They propagated the ideas
thatsecularism is not anti-religious but, "the freedom of religion" and noninterference policy
of stateinreligious matters. They themselves, also, did not interfere in the religious sphere
during their rule inIndia. In India many religious communities live whose religious ideas are
juxtaposed. Therefore, most ofthe Indian leaders felt that all the religions should be protected
by the state when India will becomeindependent and hence India emerged as a secular state.
Nehru was a leading champion of the concept of secularstate. He was against the
intrusion ofreligious factors into politics and he was especially concerned with transforming
his country from a'caste ridden society' to "a national state which includes people of all
religions and shades of opinion andis essentially secular as a state". For Nehru, the secular
state is a part and parcel of modern democraticpractice. He defined the secular state as a
state which protects all the religions and at the time does notfavour one religion at the cost of
others.
The idea of secularism was embodied in the Constitution on the basis of
recommendations of theConstituent Assembly. One of the members of the Constituent
Assembly (Pandit Laxmikant Maitra)defined Indian Secularism as follows: "By secular state. I
understand it is meant that the state is notgoing to make any discrimination whatsoever on
the ground of religion or community against any personprofessing any particular form of
religious faith. This means, in essence, that no particular religion in thestate will receive any
particular status whatsoever. The state is not going to establish, patronize or endowany
particular religion to the exclusion of preference to others and that no citizen in state will
have anypreferential treatment or will be discriminated against simply on the ground that he
professed a particularform of religion. In other words, in the affairs of the state, the
professing of any particular religion will notbe taken into consideration at all. This I consider
to be the essence of a secular state. At the same timewe must be very careful to see that in
this land of ours we do not deny to anybody the right not only toprofess or practice but also
to propagate any particular religion. The Constitution has rightly providedfor this not as a
right but also as a fundamental right".
In the words of Mr. Ayyanger, another member of the Constituent Assembly, "we are
pledged tomake the state a secular one. I do not by the word secular mean that we do not
believe in any religion, andthat we have nothing to do with it in our life. It only means that
the state or the government cannot aid onereligion or give preference to one religion as
against another. Therefore it is obliged to be absolutelysecular in character". Thus, a secular
state preserves complete religious neutrality and refuses to recognize man made barriers. It
stands for freedom, toleration and equality of all individuals. It deals with the
relationbetween men and not between man and his creator. Dr. Ambedkar also explained the
same point of viewwhen speaking in the Parliament on the Hindu Code Bill in 1951. He
remarked, "All that a secular statemeans is that this Parliament shall not be competent to
impose any particular religion upon the people".
It is thus evident that secular state is neither anti-religious nor indifferent to religion.
It practices anattitude of impartiality towards all religions, the state assumes to everyone the
right to profess whateverreligion one chooses to follow. It does not exhibit discriminatory
treatment against any person on accountof his religion or faith.
As already mentioned the word 'secular' was not used in the original Constitution, but
it was reflected in various provisions of the Constitution and the Preamble to the
Constitution. Now by 42ndAmendment Act (1976) the word secular has been inserted in the
Preamble. The various provisionswhich reflect the secular character of the Constitution are
as follows :-
1. The Preamble speaks of the liberty to all citizens in relation to various important
matters thatinclude faith, belief and worship besides declaring India as a secular
state.
2. Article 14 lays down that the state shall not deny to any person equality before
law or equalprotection of law within the territory of India.
3. Article 15 assures to all citizens complete access to all public institutions such
as; temples,bathing ghats, roads, shops etc. No one can be debarred from their
use on the basis of one'sreligion.
4. Article 16 grants equality of opportunity to all citizens in matter of employment.
Merit alone formthe sole criterion of selection. Some special provisions have,
however, been made for theadvancement of the socially and educationally
underdeveloped classes of citizens, for thescheduled castes and scheduled tribes.
But all these provisions are transitory in character.They will cease to exist after
sometime.
5. Article 17 says that untouchability is abolished and its practice in any form is
forbidden. Theenforcement of any disability arising out of the untouchability shall
be an offence punishableunder the law.
6. Article 25 grants to everyone the right to profess, preach and propagate any
religion one likes.This means that the citizens enjoy perfect religious freedom.
There is no room for religiousfanaticism.
7. Article 26 provides that every religious denomination has the right to establish
and maintaininstitution for religious and charitable purpose. It permits them to
acquire movable and immovableproperty and administer it according to law. The
income accruing from that property, if utilized forreligious purposes, will not be
subject to any taxation.
8. Article 27 provides that no person shall be compelled to pay any taxes the
proceeds of which arespecifically appropriated in payment of expenses for the
promotion or maintenance of any particularreligious denomination.
9. Article 28 forbids the state to impart any religious instructions in any educational
institution. Theprivately managed institutions can however impart such
instructions. But if they receive any aidfrom government, they cannot compel any
student against his wishes to receive such instructionsor deny admission to any
one on the ground that one does not like to receive such Instructions.
10. Article 29 and 30 guarantee complete freedom to the minorities religious or
linguistic to maintaintheir identity of culture, language etc. They can take any
steps, subject, however to public orderand morality to propagate their culture.
Moreover, every community shall have the right to establishand administer
educational institutions of its choice and the state, while distributing grants-in-
aidstate will not make any discrimination among the variousinstitutions. All will
be treated alike.
11. The spirit of secularism is also manifested in Article 44 which lays down that the
state shallendeavor to secure for the citizens uniform civil code throughout the
territory of India. But thisdirective remains to be still implemented.
12. Lastly, India does not elevate any religion to the status of a state religion which
implies that allreligions are alike and enjoy the same status. Therefore,
citizenship in India is a purely secularconcept and so the rights and obligations
of citizenship are equally secular. There is no secondclass citizenship in India. All
citizens are guaranteed the same fundamental rights and are subjectto the
fundamental obligations. All of them must be loyal to Constitution and are
equally bound by it.
The provisions quoted above constitute the fabric of secular democracy of India. An
analysis ofthese provisions reveal that me concept of secular state adopted by India is not a
negative concept ofnon-interference in religious affairs, but a positive concept of tolerance.
P.B. Gajendragadkar in his book "The Constitution of India: its Philosophy and Basic
Postulates"remarks "Indian secularism, it is necessary to emphasize, is not anti-God or anti-
religion. It recognizesthe fact that religion serves very important purpose in human life. But it
subscribes to the fundamentalHindu philosophical tenet that all religions have elements of
truth and no religion can claim monopoly oftruth. From ancient times Hindu philosophers
have consistently proclaimed that all religious lead to Godand unlike some other religions
Hinduism has never put forth the claim that it alone is true religion. Thisspirit of tolerance is
the foundation of the theory of Indian secularism, which, therefore treats all religionsalike
and does not except any citizen to believe that one religion is better than the other".
Indian government has been continuously trying to implement the secular goal, but it
is difficult tosay to what extent Indian democracy has accepted the concept of secular state.
The parliament haspassed various acts to lay a firmer base for secularism, in both political
and social sense. For example, untouchability is a special form of the practice of the
traditional Hinduism and is believed to be based onancient religious texts. But in spite of this
the Constitution bans the practice of untouchability. No one canquestion the law abolishing
untouchability on the ground that it has religious sanctity. In the same way theenactment of
Hindu code which deals with matters pertaining to personal law applicable to the Hindus
isalso an illustration of Indian secularism. Though some of the provisions of Hindu law
derived theirauthority from religious texts, the Hindu Code was passed in order to place the
provision of personal lawon a rational, modem and scientific basis and nobody can challenge
the validity of the code on the groundthat it is inconsistent with Hindu religion. But different
laws are applicable to Hindus and Muslims insteadof clear constitutional mandate for
uniform civil code in Article 44 and inspite of the highest courtsrepeated cry for the same.
There is no use of religious cards as part of election strategy. The growingcommunal violence
is posing severe threat to the basic unity and integrity of India.The issue of 'RamJanam
Bhumi-Babri Masjid in the context of demolition of Babri Masjid is a challenge before the
state.Recently the Godhra Carnage (Feb., March-2002) and its aftermath the communal
violence in Gujarat isa matter of shame for a secular state. The policy of secularism is at the

1. Preamble is nota part of the Constitution. Explain.
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cross road.
3.3.3 Socialism .
The third basic foundation of the Indian Constitution is socialism. Although the word
'socialism' was notused in the originalConstitutionbut was only implied in several provisions
of theConstitution. It was added in thePreamble by 42nd amendment added in 1976.
Beforeanalysing the type of socialism which the IndianConstitution signifies we must
understand the meaning of socialism in general.
The word 'socialism' first appeared by about 1830 in French and English writings. The
term'socialism' meant that the ownership and control of the means of production, land and
capital should beheld by the community as a whole. Since that time countless countries have
come to describe themselvesas socialist and their variety is such that it is difficult to give to a
definite description. After the writings ofMarx appeared his thoughts came to dominate the
socialist movement to a large extent. A few, such asthe Fabians (1890) in England ignored
him. Other socialists such as Bernstein (1880) reacted againstMarx claiming his conception
of history wrong. They argued that the crisis in capitalism had become lessrather than more
severe, the standard of living of every class had risen, the middleclass was increasingin size,
and finally that in democratic states the government was responding significantly to the will
of thepeople. Therefore, Brenstein argued that reform, not revolution was the way to good
society. This point isone of the major features of contemporary western European socialism.
The idea of complete stateownership has been given up. The socialists have substituted the
belief in public control of enterprise andplanning. Moreover, they are strongly opposed to
dictatorship and embrace the democratic ideas ofpolitical rights. This is now termed as
democratic-socialism. This has been used in both Europe and thethird world. Even in USA
the most capitalist of all countries, social welfare policies had come to beaccepted as
desirable by the Democratic Party in 1960.
However, the most self consciously socialist politicians in the post 2nd World War
decade werethe great leaders of the emerging "Third World" especially Nehru, Nkrumah,
Nasser and Nyerere: Nehruundertook a daunting programme to transform India into the
largest democratic-socialist country in theworld under the twin influence of Webbite planning
and Tolstoyan pacifism.
Many other members of the Constituent Assembly had also emotional or intellectual
commitmentto socialism. According to Austin nearly everyone in the Assembly was Fabin and
Laskite enough tobelieve that socialism in every day politics for social reformation. The
debates on the objective Resolution inthe constituent assembly make it clear that the
constitution must be dedicated to some form of socialismand to the social regeneration of
India. Some members were taken to use the word "Socialist Union" inthe constitution, but
others did not favour its insertion. Nehru himself wanted to declare Indian Union associalist.
He had been influenced by Fabianism called since he studied at Cambridge. His studies
ofMarx and his trip to Europe including Russia in 1926-27 had made him more interested in
socialism. Butduring the course of time he changed from Marxist or Laski style-socialist to
an empirical gradualist. Hewas more guided by ideals of democracy and economic welfare of
the people than the doctrine ofsocialism. Therefore, the word 'socialism' was omitted from the
objective resolution and finally from thePreamble. It is also held by some that Nehru omitted
theword socialism under Patel's conservative influence. But inspite of the omission of word
socialism, it remained the basis of the Constitution as itwas implied in the concept of
ensuring socio-economic justice to the people. One of the importantstatements of this goal
was made in the resolution adopted by the congress party at its annual sessionat Avadi in
January. 1995 which stated:
"In order to realize me object of the Congress and to further the objectives stated in the
Preambleand Directive Principles of state policy of the Constitution of India, planning should
take place with aview to the establishment of socialist pattern of society. Where the principle
means of production areunder social ownership of control, production is progressively
speeded up and there is equitabledistribution of the national wealth."
In the subsequent, this goal was reaffirmed by the Congressgovernment in various
plans andresolutions. The socialists pattern of society means that the basic criterion for
determining the line ofadvance must not be private profit, but social gain and that the
pattern of development and the structureof socio-economic relations should be so planned
that they result not only in appreciable increase innational income and employment, but also
in greater equality in incomes and wealth. Major decisionsregarding production, distribution,
consumption and investment and intact all significant socio-economicrelationship must be
made by agencies formed by social groups.
The socialist pattern of society is not to be regarded as some fixed or rigid pattern. "It
is not rootedin any doctrine or dogma. The accent is the attainment of positive goals, the
raising of standards, theenlargement of opportunities for all the promotion of enterprise
among the disadvantaged class andthe creation of a sense of partnership among all sections
of the community. The Directive Principles ofstate policy in constitution have indicated the
approach in broad from; the socialist pattern of society ismore concertized expression of this
approach.
It is clear from the above description that the main objective of the founders of the
constitutionwas to make India a welfare state.
The principles of welfare state are scattered in various parts of the Constitution but
are mainlycontained in Chapter IV relating to Directive Principles of state policy (Article 36-
51) and in some of theprovisions of(Articles 15,16, 23 and 31) Chapter III relating to
Fundamental Rights.
As Granville Austin has remarked, "The Indian Constitution is first and foremost a
social document.The majority of its provisions are either directly aimed at furthering the
goals of the social revolution orattempt to foster this revolution by establishing the conditions
necessary for its achievement. Yet despitethe permeation of the entire constitution, by the
aim of national renaissance, the case of commitment tothe social revolution lies in parts III
and IV in the Fundamental Rights and in the Directive Principles ofstate policy. These are the
conscience of the constitution."
Article 38 relating to Directive Principles says, "The state shall strive to promote the
welfare of thepeople by securing and protecting as effectively as it may a social order in which
justice social, economicand political shall inform all the institutions of national life". This
provision amounts to giving practicalshape to declaration of economic justice in the
Preamble.
Article 39 lays down the principles of policy to be followed by state of establishment
socialiststate. These principles are (a) that all citizens have the right to an adequate means of
livelihood; (b) thatownership and the control of material resources of the community have to
be so distributed as best tosubserve the common good, (c) that the operation of the economic
system should be so organised as toresult in the concentration of wealth and the means of
production to the common detriment, (d) thatthere should be equal pay for equal work for all
citizens irrespective of sex, (e) that the labour and thestrength of workers and the tender age
of children should not be abused and that citizens should not beforced by economic
necessity to enter vocations unsuited to their age or strength (f) that childhood
andyouthshould be protected against exploitation and against moral and material
abandonment.
42nd amendment had inserted another socialistic principle (Art. 43 A) which states
that the stateshall try that the workers should get an opportunity to take part in the
management of any industry.
One more important directive inserted (Art. 39 A) by 42nd amendment directs the
state to providefree legal aid to the people so that nobody is deprived of justice due to
economic reasons.
These principles illustrate what the framers of the Constitution had in mind when they
referredto the necessity of establishing economic justice.
Article 46 aims at protecting the weaker sections from social injustice and all forms of
exploitation.It enjoins upon the state to promote with special care the educational and
economic interests of theweaker sections of the people and in particular of the scheduled
castes and scheduled tribes. 44thamendment says that state shall not only endeavor to
eliminate the inequalities in facilities and statusbut also among people working in different
areas and vocations.
Thus, part IV gives aboard picture of the progressive principles to be followed in the
governanceof the country. Article 37 expressly stipulates that though the principles
enunciated in part IV are notjusticiable, but they are fundamental in the governance of the
country. But doubts have been raised bysome constitutional thinkers that such declarations
tend to remain dead unless legislators take effectiveaction for the transformation of the social
and economic structure of the community in accordance withthem because these directives
are not justiciable by the courts as the fundamental rights. In spite of thisfact many of the
directive principles have been implemented and some of the fundamental rights. Theright to
property provided in Article 31 has been amended and restricted several times by
constitutionalamendments for public purpose and for the implementation of directive
principles and the establishmentof socialistic pattern of society. So much so that this right
had been deleted from the list of fundamentalrights by the 44th amendment Thus, although
the directives do not have a legal sanction, they certainlydo have a moral and political
sanction. In a democracy, the force of public opinion is much more effectiveand powerful
than thelegal force.
But in practice the socialistic pattern of society has not emerged. Inspite of the welfare
legislation,the gap between rich and poor is widening rather than diminishing. The economic
policies pursued bythe Congress government to achieve socialistic pattern of society have not
come upto the expectations.The result is that the Congress government introduced new
economic policy in 1991 which aims atliberalisation, privatisation and globalisation of
economic policies. This is against the socialist policiesfollowed till 1990. The Indian state is
going towards market economy. The public sectors are graduallydisinvested/disposed off.
Privatization of insurance sector,oil, roads, civil aviation, communications,electricity and
tourism etc., is being done.
Besides secularism,socialism and liberal democracy, some political thinkers consider
Gandhismalso as the ideological basis of the Indian Constitution. The reason is that Gandhi
Ji's influence on someof the provisions of the Constitution is dear such as special safeguards
for scheduled castes, abolition ofuntouchability, establishment of panchayats and more
emphasis on the development of small scaleindustries. All these provisions are described in
the chapter on directive principles.
3.4 Summary
The ideological foundations of the Indian constitution are reflected in the Preamble of
theConstitutions. The Preamble declares India to be a 'Sovereign; Socialist, Secular,
Democratic, Republic.The analysis of the Preamble makes itclear that India shall be a welfare
state committed to the pursuit ofthe ideal of socio-economic Justice. The main ideological
principles of the constitution are – liberaldemocracy, secularism and socialism. India is a
liberal democracy. It provides for representativedemocracy, adult franchise and periodic
elections. People have been guaranteed certain fundamentalrights. Downtrodden sections of
society have been given special facilities. Minorities have beenprotected. India has also
adopted the secular philosophy. State has no religion. Everyone has beengiven the right to
profess, preach and propagate any religion one likes. There is no religious discrimination.The
socialist philosophy is manifested in the Directive Principles of state policy. India followed the
mixedeconomy path of development.It may be noted that during the last decade the Indian
economy is beingliberalised and the public sectors are being disinvested.
3.5 References
1. Austin, Granville, The Indian Constitution: Cornerstone of a nation, OUP, Oxford,
1966.
2. A.G.Noorani, Constitutional Question in India, OUP, New Delhi,2004.
1. Brass, Paul, Politics of India since independence Orient Longman, Hydrabad,
1990’s.
3.7 Model Questions
1. Analyse the Preamble of the Indian constitution.
2. India Is a secular and socialist state. Discuss.
*****
Lesson - 4
FUNDAMENTAL RIGHTS
Structure
4.0 Objectives
4.1 Introduction
4.2 The Nature of Fundamental Rights
4.3 Limitations on Fundamental Rights
4.4 Description of Rights
4.5 Summary
4.6 References
4.8 Model Questions
4.0 Objectives
This lesson deals with the nature and contents of Fundamental rights guaranteed by
the constitutionin Chapter- III. After reading this Script you should be able to:
• Understand the importance and nature of Fundamental Rights:
• Critically examinethe Fundamental Rights and;
• Assess the role of judiciary in protecting the Fundamental Rights.
4.1 Introduction
In the last lesson you have studied that India is a liberal democratic state. The true
nature of ademocratic state is known by the rights which it makes available to its citizens
and the extent to which agovernment is civilized or otherwise can be measured by the rights
which it allows its citizens to enjoy. It is a measure of its being high in the scale of
civilization when it grants certain rights to individuals whichit considers sacrosanct and
inviolable. These rights are known as Fundamental Rights. The importanceof guaranteeing
such rights cannot be over emphasized for they secure to individual the basic rights forhis
dignified existence vis-a-vis the government and make him immune from the arbitrary
authority of thegovernment to deprive him of these rights. The significance and importance of
the Fundamental Rightswas not lost on the framers of the constitution. The demand for
these rights had been made on manyoccasions before independence but was always rejected.'
To quote M.C. Setalvad, "with our long historyof foreign rule, with its oppression, disabilities
and discrimination we had come to regard a Bill of rightsas an essential part of a
constitution". Besides this the framers of the Constitution were mindful of thefact that a
government is not democratic simply because is it voted into power by majority. To
ensuredemocracy, the guarantee of Fundamental Rights and freedom was imperative so that
these werebeyond the reach of majorities and officials. The guarantee of these rights was
equally essential in thecontext of tremendous diversities of religion, race, caste, language,
culture etc., to create a sense ofsecurity, and safety in the minds of people. Accordingly, the
Constituent Assembly provide for the inviolable Fundamental Rights in Parts III of the
Constitution.
4.2 The Nature of Fundamental Rights
The Fundamental Rights enshrined in Part III of the constitution, by and large, fall
into the categoryof civil and political rights. The importance of social and economic rights
which may be termed as"Positive rights" was recognized by the frames but keeping in view
the difficulties that the governmentmight have if these were to be made judiciable, they
preferred to embody these rights in parts IV of theConstitution, to be called as "Directive
Principles of State Policy, "Thus, whereas Fundamental Rightsare justiciable, the Directive
Principles though "Fundamental in the governance of the country" are notjusticiable.
Since the inception of the Constitution, the country has been witnessing a continuous
debaterelating to Fundamental Rights and Directive Principles. It is that the Fundamental
Rights are superior toDirective principles. Or are the two supplementary to each other? Or is
that the Directive Principles aresuperior to the Fundamental Rights? All these issues will be
discussed at length in the next lecturescript. The focus of the present lesson in on
Fundamental Rights.
The Fundamental Rights guaranteed under the Constitution include the right to
equality, rights tofreedom, right against exploitation", right to freedom of religion cultural and
education rights' and rightsto constitutional remedies.
These rights are inviolableand justiciable. The judiciary has been entrusted with the
task to protectthese invariable rights. "It is our duly privilege to see" observed Justice Bose."
that the rights which areintended to be fundamental are kept fundamental and to see that
neither parliament nor the executiveexceeds the bounds within which they are confined by
the constitution." In Ujjan Bal v. State U.P.Justice Subha Rao observed.
"This court has no more important function than to preserve inviolable fundamental
rights of thepeople; for the fathers of the constitution in their fullest confidence, have
entrusted them to care of thiscourt and give to it all the institutional conditions necessary to
exercise its discharge if to the best of itsability and not to abdicate it on the fallacious ground
of inability or inconvenience."
The Constitution clearly stipulates a limitation on the power of the legislature under
Article 13 (2)which reads.
"The state shall not make any law which takes away or abridges the rights conferred
by this partand any law made in contravention of this clause shall, to the extent of the
contravention, be void."
The above provision clearly imposes a limitation on the legislative powers, if any law is
made whichis in contravention of the rights guaranteed under Part III such a law is invalid.
An individual can seek theprotection of the Court against the infringement of his rights of
rights.
Does the word 'law' include the amendments also, has been a subject of controversy.
TheSupremeCourthas earlier interpreted the word 'law' to mean only law passed by the
parliamentunder its legislative power and under its constituent powers and thus in Shankari
Prasad V. Union ofIndia.It upheld the power of the parliament to amend the Fundamental
Rights. The court affirmed thisdecision, in Sajjan Singh Vs State of Rajasthan. But the
Supreme Court overruledits earlier decisionthrough prospectively in Golak Nath v. State of
Punjab" wherein it had declared that the amendments tothe Constitution were not beyond
the purview of Article 13 (2) and amendments relating to FundamentalRights were ultravires
of the Constitution, Chief Justice Subha Rao applied the doctrine of prospectiveoverruling in
the present case and observedthat 'the agrarian structure of our country has
beenrevolutionalised on the bases of the said laws. Should we give retrospective to our
decision, it wouldintroduce chaos and unsettle the conditions inour country. Should we hold
that because of theconsequences Parliament had power to take away Fundamental Rights, a
time might come when wewould gradually and imperceptibly pass under a totalitarian rule."
Justice Hidayatullah though concurred with the ratio decided of the majority decision,
sustained theSeventeenth Amendment in question on the sociological doctrine viz. the
doctrine of 'acquiescence'which implies that the Judge should acquiesce in a particular
change if it has been acquiescedin by thepeople. In other words, if the people have
constitution rights; further on that basis if they made their manymore rights dependent the
court should not disturb such a change as injustice in inevitable if such a stateis disturbed.
It is the interest of administration of justice that courts should sustain such a change."
This historic Judgment which was given by six to five thus, placed an impediment on
the power ofthe Parliament to amend part III in future, it created a controversy in the
country. The decision of the courtwas considered by some as a political decision, by others as
a challenge to supremacy of the Parliamentand by still others as hindrance in the
implementation of directive Principles. To remove this impediment a bill was moved in Lok
Sabha by Nath Pal, seeking to empower the Parliament to amend theFundamental Rights.
This unofficial bill, however, lapsed. In the meanwhile, the Supreme Court applyingthe law,
declared in Golak Nath case, held Bank Nationalization. Derecognition of Princes
andabolition of Privy Purses as ultravires of the Constitution Consequently, Twenty-fourth
Amendment wasmade to the Constitution by which the Parliament nullified the decision of
the Supreme Court in GolakNath case and Article 13 was clearly amended to provide for that
nothing in the said article shall apply toany amendment to the Constitution made under
article 366 Thus, the twenty-fourth Amendmentrestored the power to parliament to amend
part III of the constitution.
The twenty-fourth Amendment along with Twenty fifth Amendment was subject to a
severecontroversy and was challenged in Supreme Court inKesavananda Bharati Case. The
court in itsJudgment upheld the power of the parliament to amend any part of the
Constitution. It however, held thatArticle 368 does not enable to alter the basic structure of
framework of the Constitution. Thus, the lawdeclared in the Golak Nath Case stands
overruled and the Parliament is competent to amend part of theConstitution including Part
III which deals with Fundamental Rights. The Fundamental Rights accordingly,remain
inviolable against ordinary legislation.
As already pointed out the Fundamental Rights are not only inviolable, these
justiciable as well. Anindividual can move the courts for the enforcement of right under
Article226; the High Courts have thepower to issue directives, orders of writes for the
enforcement of Fundamental Rights. Under Article 32,the Supreme Court has been
empowered to grant relief to those who move the Supreme Court is itself aguaranteed right.
The reason for incorporation of this remedial right in Part Ill of the Constitution wasexplained
by Ambedkar in the Constitutional Assembly.
“There can be no right unless the Constitution provides a remedy that makes the right
real. If thereis no remedy, there is no right at all and I am, therefore not prepared to burden
the constitution with anumber of pious declarations which may sound as glittering
generalities but for which the Constitutionmakes no provision by way of remedy."
He further observes: If I was asked to name any particular article in this constitution
as the mostimportant article without which the Constitution world be a nullity, I could not
refer to any other articleexcept this one. It is very soul if the constitution and the very heart
of it.
It may not be out of place to mention here that the scope of Article 32 has been so
much limited byConstitution that the ceases to be an effective instrument for eradicating
deeper maladies. To quoteJustice Subha Rao it is only useful to correct superficial defect.
The Supreme Court has, given a severeblow to the importance and value of this article by
applying the rule of 'rejudicate'. It has held that the ruleis paramount and a person cannot
resort to Article 32 even if his Fundamental Rights is affected if he failsto go in appeal against
the reverse order of High Court Article 220. M.C. Setalvad criticizing the applicationof this
doctrine writes: "What the court really brought about by its decision was a constitution
amendmentdesigned to promote the enforcement of the Rule of law"
Further petitions under Article 32 have been dismissed on the ground that the Court
will not enquireinto bleated and state claims. Article 32, it has been held, merely keeps open
the door of the Court andthe extent and manner of interference is for the Court to decide.
Fundamental Rights appear to morefundamental observes V.G. Ramachandran, in this
context and this has been achieved by" Judiciallegislation. The citizen as well as the poor
Constitution, he further observes, who looked to the Judiciaryas the protector, are dismayed.
The constitution appears to cry out the Judiciary "You to Brutus".
4.3 Limitations on Fundamental Rights
The Fundamental Rights guaranteed under the Constitution are not absolute. Certain
qualificationsare appended to each article which circumscribes the enjoyment and exercise of
each right. Furtherrestriction can be imposed by the executive while the emergency is in
operation, in Makhan Singh v. Stateof Punjab, the Supreme Court hasclearly said.
"What restrictions should be imposed on the Fundamental Rights of citizens during
emergency arematTers left to the executive" In this context, Article 358 and 359 need specific
mention. When emergencyis proclaimed (under Article 352), under article 358 of the
Constitution, article 19 which provides forseven freedoms (now only six) is automatically
suspended." A citizen cannot claim any of the freedomsguaranteed therein under article 19
and the proclamation of the emergency cannot be questioned in anyCourt of Law. Article 358
was embodied in the Constitution so as not to letanti-social elements avails ofthe guaranteed
freedom and do such acts which may be against the interests of the country when itfaced
external danger, it has been argued that there seems to be no justification for this provision
ofarticle 19 by executive in view of the addition of another ground on article 19 can be put,
that is, "In theinterest of the sovereignty and integrity of India". This point has been stressed
by N.C. Chatterjee who isof the opinion that article 356 is utterly out of place in Constitution
supposed to rest onthe Rule of law.
Under article 359,the president can suspend the right to move the court for the
enforcement of any if the Fundamental Rights or rights (except article 20 and 21) specified in
the President Order. Such anorder cannot be challenged in a court oflaw. This article has
been described as the keystone of the archof autocratic reaction, an autocratic negation of
liberty, which has on parallelin the world. It is arguedthat the rights which can be enjoyed
only during the pleasure of the President can hardly be described asfundamental.
The sweep of article 359 is very wide and the Supreme Court has refused to entertain
the argumentthatexecutive may abuse its powers during the operation of the Presidential
Order. This argument, it had been held, is essentially politicalin a democratic State. The
Court observed in Makhan Singh v.State of Punjab the effective safeguard against abuse of
executive power whether in peace of inemergency, it ultimately is to be found in the existence
of enlightened vigilant and vocal public opinion".The experience, however, of the past year
has been that the power assumed by the executive in thename of emergency were exercised
for purposes for removed from measure made necessary by theemergency.
Can the Fundamental Right be waived, is another important question that needs
consideration. Inthe United States a distinction has been drawn between the right of public
interest and rights in the natureof personal privileges of individuals. In the former case the
rights cannot be waived whereas on the lattercase where the rights have been created for the
benefit of Individuals. The fight can be waived, in Indiathis issue was raised in.
Bashesar Nath V. Commissioner of Income Tax in regard to right to equality. Only
justice Daswas of the view that where the constitution vested the right in the individual
primarily intending to benefithim and such rights of others. There could be a waving of
suchright provided it was not forbidden by lawor did nor contravene public policy of public
morals. But the other judges held that there could be nowaiver of the Fundamental Rights.
The Constitution, according to them made no distinction betweenFundamental Rights
enacted for the benefits of the individuals and those created in the public interestoron the
ground of public policy. There could, therefore, be no justification for importing American
notationsto whittle down the transcendental character of those rights conceived in public
Interest and subject onlyto such limitation as the Constitution had itself thought fit to
impose.
4.4 Description of Fundamental Rights
We have already made a mention of the rights enumerated in part III of the
Constitution. Now wedeal with each right in detail.
Right to Equality: Article 14 to 18
The right to equality, a necessary corollary of the concept of rule of law, has been
incorporated inthe Constitution. (Articles 14 to 18). Article 14 guarantees equality in general
whereas under articles 15, 16,17 and 18 discrimination is prohibited on specific grounds."
Article 14 envisaged 'equality before thelaw' and equal protection of the laws" with the object
to secure to all persons, citizens ornon citizens,the equality of status and opportunity
referred to in the preamble of the constitution. Equality before thelaw is a negative concept
whereas 'equal protection of the laws is a positive one. The former declaresthat everyone is
equal before the law that on one can claim special privileges and that all classes areequally
subjectto the ordinary law of the land; the later postulates an equal protection to all alike in
thesame situation and under like circumstances.
It is important to note that though discrimination is prohibited,reasonable
classification founded onintelligibledifferentia which distinguishes persons, transaction of
things grouped together from othersleft out of the group, is permitted. Such a differentia, the
Supreme Court has held, must a rational to theobjective sought to be achieved by the Act in
other words, there must be a nexus between the basis ofclassification and the objective of the
Act. The Supreme Court has avoided doctrinaire approach andhas liberally interpreted this
article. The court in fact has emphasised on the presumption of constitutionalityand has
upheld classification on one ground of another of another, in the Bank Nationalization
case,however, the Supreme Court rejected the earlier judicial theory that it was enough to
concentrate on thepowers of the State and object of state and action to the exclusion of its
effects on person or party whoseinterests were affected. In the present case, the Court
declared the nationalization of fourteen banks asviolative of article 14 The Government of
India contended that the nationalization of the said banks wasdone because the policy of the
government was to control the concentration of private economicresources to ensures the
achievement of the Directive Principles of State policy and only such bankswere selected, the
acquisition of which was conductive to the national policy. The Supreme Court,
however,declared that the nationalization of fourteen banks was a flagrantly hostile
discrimination, and was ultraviresof the Constitution.
This decision was clearly a departure from the earlier policy of the Supreme Court and
it caused agreat embarrassment to the ruling party, for it came a moment when the split in
the Congress party hadtaken place and ruling Congress was reduced in strength. Soon the
Lok Sabha was dissolved and afterthe elections, the parliament enacted the Constitution
(Twenty-fifth amendment) whereby it provided that if a law was made to secure
implementation of the Directive Principles specified inclause (b) or clause(c) or article 39,
such a law would not be challenged in any court of law on the ground that it violated anyof
the Fundamental Rights conferred by article 14, article 19 or article 31. (TwentyFifth
Amendment willbe discussed at length later stage).
Right to Freedom; Article 19 to 22
Article 19(1) which guarantees right embodies six freedoms originally seven) to the
citizen namelyfreedom of speech and expression, of peaceful assembly, of association, of
movement, residencefreedom to practice any profession, to carry on trade or occupation.
These freedoms can be enjoyed bycitizens only. Further, these freedoms can be enjoyed only
if a person is free. In other words, if a citizenis lawfully deprived of his freedom as a
punishment of committing a crime or breaking a law there can beno question of his
exercising or involving the rights, that is to say he can within certain units speak what he
likes, from any association or union.
Again as already pointed out the freedoms embodied in article 19 can be enjoyed only.
When the proclamation of emergency is not in operation, for article 19 is automatically
suspendedwhen emergencyis proclaimed under article 358 of the Constitution.
Further the restrictions are-envisaged under clauses (2) to (6) of article 19. The word
'restriction'has however, been qualified by the words, reasonable, which contemplated the
role of the Court todetermine the reasonability.
A citizen, however, is entitled to enjoy each and every freedom without being made to
sacrifice onefreedom for the sake of another. One freedom cannot be preferred to another.
Right to Freedom of Speech and Expression: This is a right, which may be said to
provide thebasis of democratic life. The freedom of speech and expression implies that the
individual has a right tothink, express himself freely according to his convictions, to advocate
any philosophy or ideology hebelieves in. This has been rightly called the 'boast of democracy'
for the principal of 'the consent of thegoverned.
Freedom of speech and expression implies communication, dissemination propagation
of ideas,opinions freely expressed by mouth, writing, printing etc. It thus,includes the
freedom of press, movies,radio and television. Article 19, however, does not expressly provide
for these freedoms but the SupremeCourt has ruled in numerous cases that the freedom of
speech and expression includes the freedom ofthe press.
There is hardly and need to emphasis the importance of the freedom of the press for a
free pressin one of the great interpreters between the Government and the people and is one
of the significantmeans to the end of a' free society. It lays at the foundation of all democratic
organizations for without freepolitical discussion on public education, so essential for the
proper functioning of the process of populargovernment is possible. Jefferson once remarked
that if he had to choose between a free governmentand free press, any free government would
soon perish, while with a free press, a free government wouldsoon emerge.
The freedom of speech and expression, however, is not of absolute mature.
'Reasonable restrictioncan be imposed by legislation in the interest of sovereignty and
integrity of India, the security of the statefriendly relations with foreign States, public order,
decency or morality or in relation to contempt of court,defamation or incitement to an
offence.
Freedom to Assembly: Under Article 19 (1) (b) all citizens have the freedom to assemble
peacefullyand without arms and the state is empowered under 19 (3) to impose reasonable
restrictions in theInterests of sovereignty and Integrity of India or public order.
Freedom to Form Association or Unions: This freedom is guaranteed by article 19(1)
subject tothe reasonable restriction that the State may impose in the interest of sovereignty
of India, public order ormorality.48this right again like the right to free speech and expression
lies at the foundations of a freesociety. The Supreme Court, however, gave a very narrow
interpretation of the freedom in P, Balakotiainv. Union of India. In this case, the petitioners
claimed that the order terminating their services, becausethey were communists of trade
unionists, violated the freedom to from association guaranteed underarticle 19 (1) (C), The
Court, however, rejected their petition and held the appellants havenodoubt afundamental
right to from association but they have no right to be continued employment by the state.
Freedom of Movement Residence and Settlement: Art 19 (1) and (e) guaranteed the
freedomof movement throughout the territory of India, to reside or settle in any part of the
territory of India, subjectto reasonable restrictions in the interests of the general public or for
the protection of the Interests of anyScheduled Tribe.
Freedom of Trade and Occupation: The citizens under Article 19 (1) (g) have the
freedom topractice any profession, carry in any occupation, trade of business, subject to
reasonable restrictions inthe interests of the general public under clause (6) of article 19.
This clause was amended in 1951 toempower the State to make laws relating to (i)
professional of trade or technical qualifications necessaryfor practicing any profession or
carrying on any occupation or trade or business, or (ii) carrying on by theState or by a
corporation owned or controlled by the State, or any trade, business, industry or
servicewhether to the exclusion, complete or partial of citizens or otherwise. The effect of this
amendment isthat a State can create a monopoly in its favor in respect of any trade or
business.
Protection in respect of conviction for offences: Article 20 guarantees protection in
respect ofconviction for offences.It prohibits conditions and sentence under "ex post facto"
law providing againstdouble jeopardy (that a person shall not be prosecuted and punished
twice for the same offence) and selfincremation.
Right to Life and Personal Liberty
The framers of constitution of India did not feel satisfied with the scope of freedom
guaranteedunder Article 19. Consequently, they specifically 'incorporated this right to life'
and 'personal liberty' inarticle 21 of the Constitution, which reads: "No person shall be
deprived of his life or personal libertyexcept according to the procedure established by law". It
is a modified version of the rights guaranteedunder the Fifth and Fourteenth Amendments of
the Constitution of the United States. In these twoamendments, words "due process of law"
are used in place of procedure established by law. The 'dueprocess’ Clause which has been
described by Justice Frankfurter asthe 'most majestic' concept, hasbeen interpreted very
vaguely and it is alleged that in the guise of interpreting the clause the AmericanCourts have
gradually arrogated to themselves the powers to revise all legislation." It is further allegedthat
the opinions of the Supreme Court on' due process' have confuted ratherthan clarified the
subject.Keeping in view its impression and other drawbacks the framers of the Indian
Constitution preferred touse the words 'procedure established by law" an expression
borrowed from article 31 of the constitutionof Japan of 1961.
Thus, the right to life and personal libertyis not an absolute right bur is a qualified
right which iscircumscribed by the possibility to risk of being lost according to procedure
established by law. In A.K. Gopalan v.State of Madras, the Majority interpreted the word ‘law’
as enacted law". This interpretation was widely criticizedin the juristic circles as it placed the
liberty of the citizen at the mercy if the party in power". It is interesting tonote that a retired
judge of the Supreme Court who while on the bench concurred unfortunate, observes
thejudge, "that the Supreme Court has decided that the procedure established by law" meant
the same things asprocedure prescribed by law. The Supreme Court has framed the
interpretation which was not consistent withthe mature of Fundamental Rights and which
was contrary to the very essence of Fundamental Right". TheSupreme Court has however,
consistently conformed to its decision givenin Gopalan Case. 86th constitutionAmendment
Act (2002) adds Article 21-A and providing right to free and compulsory education to
childrenbetween 6 to 14 year of age by law.
Protection against Arrest and Detention: Clause (1) and (2) of Article 22 provide,
certain safeguardsin respect ofarrest and detention in the first place, no person who is
arrested shall be detained withoutbeinginformed, as soon as may be of the grounds of his
arrest: secondly, he has the right to consult andto be defended by a legal practitioner of his
choice: thirdly, such a person must be produced before thenearest magistrate within twenty
four hours and he shall not be detained in custody beyond this periodwithout the authority
of the magistrate.
Preventive Detention: The above noted safeguards are not applicable to enemy aliens
and topersons who are under preventive detention. There is a constitutional sanction for the
law of preventivedetention. It is difficult to reconcile the idea of preventive detention with
democratic concepts, but withaccumulative evidence of domestic subversion and other such
disruptive activities reconciliation ofliberty and security becomes a recurring necessity in
every country. "This sinister looking feature"observed Justice Patanji Sastri, "so strongly out
of place in a democratic Constitution which investspersonal liberty with sacrosanctity of
Fundamental Right and so incompatible with the promises of itspreamble, is doubtlessly
designed to prevent the use of freedom by any anti-social elements which mightimperil the
national welfare of the infant republic."
The distinguishing feature of the preventive detention law is that to enforce it:
condition ofemergency is not required as a condition-precedent. India is 'the only democratic
country in the worldwhere fundamental law sanction detention without trial in time of peace
and in situation which is not in thenature of any emergency."
The Constitution, however, provide for certain procedural safeguards against
preventive detentionwhich are embodied in clauses (4) to 7 of Article 22, No person be
detained for more than two months,unless an advisory board approved that there is
sufficient cause for a detention longer than this period (22)(4). Further the grounds of
detention must be communicated to the defence except when disclosureis against public
interest(22(6) the defence must be given an earliest opportunity to represent against theorder
of detention. (22M6)] Clause (7) of article 22, however, confers sweeping powers on the
parliamentwhich in effect tantamount to negative the procedural safeguards guaranteed by
the preceding clausesof the same article. The present clause empowers to make any law to
determine the procedure to befollowed in advisory board and the maximum period of
detention. The Act ofPreventive Detention was'passed by the parliament by virtue of
legislative power conferred on it under Entry No.9. In List No.1 andEntry No.3 in list Ill on
Feb 25.1950 for one year but extended from time to time 01 December 31,1969.The Act Was,
however, under constant fire till it expired on December31,1969. It was describeda blackspot
on the Constitution Slur on self rule and India's capacity to run a democratic government.
Inspiteof the criticism from all sections of the society the party in power kept the Act in
forcetill it had comfortablemajority to life to it."
Aftera lapse of two years, the Congress government which got the adequate majority in
the 1971Lok Sabha Elections again passed two laws of preventive detention (a) the
maintenance of internalSecurity Act 1971 and (b) the conservation of Foreign Exchange and
Prevention of smuggling ActivitiesAct. 1971. By the Constitution (39th Amendment) Act 1975
both these Acts were placed in the 9thschedule so as to give them immunity from being
challenged in the courts on the ground of contraventionof any of the fundamental rights. Any
provision in these Acts could not therefore be declared invalid by thecourt on the ground that
it had deprived the detenu of his rights to be informed of the ground that it hasdeprived the
detenu of his rights to be informed of the ground of detention (Art.23) (5) of that has
renderedillusory the Jurisdiction of the Supreme Court under Act 32-as happened in
Gopalan's case. Even thelimited safeguards provided in these two Acts were suspended
during the operation of the Proclamationof Internal Emergency (June 1975 to March 1977)
and the two Acts were amended for this purpose.
During the Janata regime, the Maintenance of Internal Security Act (MISA) 1971 was
repealed inAugust, 1978, but the other Act COFEPOSAwas retained. Against in 1980, with
the installation of Congress-lgovernment headed by Mrs. Gandhi at the Centre, the
government passed the National Security Act, 1980,and the Prevention of Blackmarketing
and Maintenance of supplies of Essential Commodities, Act.1980providing for preventive
detention, in 1984 certain changed were made in the N.S.A. making it more rigid.The Judicial
Review of Preventive Detention Laws was reduced. In 1985, the government passed
theTerrorist and Disruptive Activities (Prevention) Act, known as TADA in the context of
terrorism inPunjab. The act remained in force for 10 year and lapsed on May 23. 1995 due to
its wide spreadcriticism and because of its misuse and stringent provisions. After a lapse of
six years the NDAgovernment promulgated the prevention of terrorism ordinance (POTO) on
October 24, 2001. As itcould not be tabled in the forthcoming parliament session it was
repromulgated in January 2002. Finallyit was tabled in Parliament in March but was rejected
in Rajya Sabha and the Government passed it in ajointsitting of parliament as Prevention of
Terrorism Act (POTA) oh March 26,2002.
Right Against Exploitation: 22 to 24
Part III also Makes provisions for prohibition of traffic in human beings and forced
labor (Act. 23)and employment of children below the age of fourteen years (Act 24), The state
however, is permittedunder clause (2) of article 23, to impose compulsory service for public
purposes but in imposing suchservice, the State shall not discriminate on grounds of
religion, race, caste or class or anyof them.
Right to Freedom of Religion: 25 to 28
The frames of the Constitution being committed to the secular principle were not
satisfied with themere-resolve in the Preamble of Constitution to ensure "liberty of thought,
expression, belief, andworship". Accordingly, they included the right of freedom of conscience
and the right freely to profess,practice and propagate religion in Part Ill of the Constitution.
(Article 25-28). Further every religious grouphas the freedom to profess, practice and
propagate any religion according to articles 25 and article 26gives the freedom to establish
and maintain religious and charitable institutions, manage its own affairs in matters of
religion, own and acquire movable and immovable property and finally to administer
suchproperty in accordance with law. The religious freedom, however, is subject to the
condition that it is notexercised in a manner prejudicial to public order, health and morality.
At the same time, under clause (2)of article25, the State can make laws regulating or
restricting any economic, financial, political, or othersecular activity which may be associated
with religious practice or providing for social welfare andreforms of the throwing open of
Hindu religious institutions of a public character to all classes andsections of Hindus.
Article 27 prohibits the payment of a tax the proceeds of which are specifically meant
for paymentof expenses for the promotion or maintenance of any particular religion or
religious denomination. Article28 guarantees freedom as to attendance at religious
instruction or religious workshop in certain educationinstitutions. This article clearly
maintains that on religious institution shall be given in any educationalinstitution wholly
maintained out of State funds and in case of educational institutions recognised or aidedby
the state, on person attending such an institution shall be compulsorily required to attend
any religiousinstruction imparted in that institution. The reason for providing the guarantee
was given by B.R. Ambedkarin the constituent Assembly. One reason was that 'religions
which prevail in this country are not merelynon-social, so far as their mutual relations are
concerned, they are anti-social, one religion claiming thatits reaching constitutes the only
right path for salvation, that all other religions are wrong. In view of this itseems to me that
we should be considerably disturbing the peaceful atmosphere of an institution if
thesecontroversies with regard to the truthful character of any particular religion and the
erroneous characterof the other were brought into juxtaposition in the school itself.
Therefore, say that in layingdown in Art 28(1) that in the state institution there shall be no
religious instruction, we have in my judgmenttravelledthe path of the complete safety. The
framers of the constitution thus did their best to secure religiousfreedom, religious toleration
and harmony yet, it will not be out of place to mention here that secularismcontinues to be
in a state of crisis in the country.
Cultural and Educational Rights: 29 to 30
Indian is a multilingual, multicultural state. To preserve and conserve the same,
clause (I) of Article29 guarantees this right to every section of the citizens having a distinct
language, script and culture.Clause 2) of the same article prohibits discriminations in
regardsto admission to educational institutionsmaintained by the State of aided by the State
on grounds of religion, race,caste, language or any of them.This clause was however,
amended in 1951 (First Amendment) to provide for that nothing in thousand clause shall
prevent the State from making any special provision for theadvancement of any
sociallyandeducationally backward classes, of citizen or, for Scheduled Castes and the
Scheduled Tribes. Thisamendment was made after the Supreme Court in Champakam
Doirijan v. Stats of Madras. Declaredthe order of the Madras Government reserving seats for
various communities asviolative of article 29(2). The Madras Government had taken the plea
that it had passed the order to implement the Directiveprinciples contained in article 46 of
the constitution, which contemplates the promotion of educationaland economic interests of
the weaker section of the society particularly the Scheduled Castes andBackward classes and
Scheduled Tribes. The court, however, took theview that the Directive principlebegin on
justiciable could not override the Fundamental Right. The parliament hereafter amended
theConstitution to negate the effect of the decision of the Court.
Article 30 guarantees the right to all minorities whether based on religion or
language, to establish andadminister Institutions of their choice and the State us enjoined
not discriminate in granting aid to educationalinstitutions on the ground that it is under
the management of a minority, whether, based, on religion or language.
Right to Constitutional Remedies: 32
"This right is guaranteed under Article 32 of the Constitution. Article 32 (1) states,
therightto movethe Supreme Court by appropriate proceedings for the enforcement of
therights conferred by this(III)Part is guaranteed". Under article 32 (2) the Supreme Court
shall have the power to issue directions of orders or writs, including writs in the nature of
habeas Corpus, mandamus, prohibition, quo warrants andcertiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred bypart III ofthe Constitution.
Article 32 (3) states that the parliament may by law empower any other court to
exercise within thelocal limits of its jurisdiction all or any the powers exercisable by the
Supreme Court under Art.32 (2).
The sole object of Art. 32 is the enforcement of the fundamental rights guaranteed by
the constitution.Whatever other remedies may be open to a person aggrieved, he has no right
to complain under Art. 32, where no fundamental right has been infringed.
The power of the Supreme Court to issue the writs cannot be suspended except as
provided Art.359 and the power of the Supreme Court to issue these writs cannot be taken
away by any legislationexcept amendment to the constitution.
The High Court has power to issue writs for the protection of Fundamental Right
under article 226of the constitution. An application, under article 32 lies in the first instance
to the Supreme Court withoutfirst resorting to the High Court under article 226.

1. Explain ‘Right to Freedom’.
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2. Define Article 32.
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Right to Property
Right to property which was guaranteed under Article 19 (1) (f) and Article 31 of the
Constitutionand which has now been removed from the list of Fundamental Right by 44th
amendment (1978) hadbeen the most controversial right. While incorporating Fundamental
Right in the Constitution, the framers ofthe Indian Constitution were influenced by the
American Bill of Right and place the right to property whichessentially was not a natural
right, in part III of the Constitution. The framers did not care to rememberthat the American
Constitution was framed in the era of laissez fair and by the people who had
propertyinterests. For them it was natural to keep this beyond the reach of legislature.
However, the framers ofthe Indian Constitution did not have the same sense of property
right. They were charged with the ideasof Marx. Green, Laski and others and were committed
to establish socialistic pattern, of society. Followingthe American Bill of Rights, they
recognised the rightto property as a Fundamental Right but to keep it inharmony with the
principles embodied in Part IV of the Constitution that concentration of wealth is to
beavoided, the right was mere subject to certain restrictions. The Constitution provides for
acquisition ofproperty in the public interest on payment of compensation. The Constitution
Assembly, however, did notcontemplate the role of the Court in the compensation. In fact,
categorical statements were made in theassembly in this regard that judiciary did not come
in the picture and that the legislature was the soledetermining authority. Jawaharlal Nehru
emphatically rules out any reference to judiciary. He said, "Thelaw should do it. Parliament
should do it There is no reference in this to any judiciary coming into thepicture, on judge
and no Supreme Court can make itself a third chamber. No Supreme Court and no system of
judiciary can stand in judgment over the sovereign will of the Parliament. No judiciary
canfunction in the nature of a third house, as a kind of third of House of correction. So it is
important that withthis limitation the judiciary should function.
But when the Constitution come into force and land reforms were initiated by the
State Legislatures.These were challenged in the Court, and compensation was the main
subject matter or litigation.Contrary to the intention of the framers of the Constitution the
Supreme Court declared that theadequacy of compensation was justiciable and that in
meant just equivalent, of the property appropriated. Inthe State of West Bengal Vs Bela
Banerjee" the Court held: "while itis true that the legislature is given thediscretionary power
of laying down the principles which should govern the determination to the amount ofbe
given to me owner of the property appropriated, such principles must ensure that what is
determinedas payable must be a compensation that is just equivalent of what the owner has
been deprived of."
The decision of the Court provoked the parliament which refused to let the judges sit
on its judgment.Consequently, an amendment (Fourth) was moved in parliament to nullify
the decision of the SupremeCourt so as to exclude the jurisdiction of the Court from
determining the adequacy of compensation.Article 31 in fact had been amended many a time
to increase the power of the government to appropriatein public interest. Article 31 had been
called a protean of article because it had changed its fact manytimes. But the Supreme Court
(sometimes directly and sometimes not so directly) had insisted toprotect the Fundamental
Right to Property and had insisted that 'compensation for deprivation of propertymust be the
full value of property.' All this had been said the Supreme Court when the big
landlords,Jagirdars, and the industrialists of the affluent section of the people had knocked
at its doors. Whetherthe Supreme Court would have said the same thing had the Jhugi
Jhopri dwellers knocked at its door ispurely an academic question as no such case came
before the Supreme Court." However, theParliament through Twenty fifth Amendment had
substituted the word 'amount' for compensation, andhad further enacted that the 'amount'
or 'principle' for determining of fixing the amount not be questionedin a court of law. Article
31-C was also added which provided that no law which gave effect to theDirective Principles
of Clauses (b) and (c) of Article 39 should be void for infringement of Article 14,19and 31.
Thus, acquisition of property in pursuance of Article 39 was conclusive on the court.
42ndamendment further extended the scope of Article 31-C including in it the protection of
any of the DirectivePrinciples enumerated in Part-IV on the ground of contravention of Art.
14,19 and 31. However, thiswas held invalid in Minerva Mills case (1980).
In the face of the amendments brought to this right, the wisdom of the framers of the
constitution toplacethis right in Part III of the Constitution had been questioned. Justice
Hidayatullah held that itwas anerror to place it in that category. The right to property
according to him like the freedom of trade andcommerce should have been placed in a
different chapter. Of all the Fundamental Right, he maintainedthe right to property was the
weakest right. His point of view had been widely accepted and the idea hadbeen mooted that
this right not being a natural right should be removed from the chapter on
FundamentalRight. The whole controversy about this right to property has now been set to
rest by an amendmentrelegation it to a mere legal right.
At present, the right to property is guaranteed by Art 300A which has been inserted by
the 44thAmendment. It provide "No person shall be deprived of his property save by authority
of law". The right toproperty has, thus ceased to be a fundamental right under the
Constitution of India. It has been left to thelegislature to deprive a person by the authority of
law, if such law takes away a man's property withoutpayment of any compensation, he shall
have no remedy before a court of law and the validity of such lawcannot be challenged before
the courts on the ground that no compensation has been of made payableby such law.
According to D.D. Basu if one's property is taken away by the executive without the
authority of law;he would still be entitled to legal relief on the ground that such executive
action is in contravention of Art.300-A which has been affirmed by Bismamber vs. State of
U.P. (A 1982 SC 33 Paras 41,43). But since theprovision in the present article has been
brought outside the purview of Part III, the aggrieved individualwould not be competent to
move the Supreme Court under Art. 32 for any violation of Art. 300A. Hisremedy would be
under Art. 226 of by civil suit, of statutory remedy, if any, say by way of damages.
However, Articles 31 A and 31 B inserted by first amendment and Art. 31-C inserted
by 25thamendment still survives in the Fundamental Right Chapter. Article 31 A stipulates
savings of laws providingfor the acquisition of estates etc., and the management of any
property by the state of public corporations.Article 31 B provides for the validation of certain
acts and regulations as specified in the ninth schedulefrom being challenged on the ground
of contravention of Articles 14, 19 and 31. The total number ofentries in the ninth schedule
is 284. However, three laws out of this list were nullified by 44th amendment.But inclusions
in the 9th schedule, subsequent to 24/4/73 i.e. on the date of the decision in
KeshvanandBharti's case, shall be open to challenge on the ground of damage to the basic
structure of the constitutionas laid down by Supreme Court in Minerva Mills case 1980.
Critical Evaluation
It is clear from the above discussion that Part III does not embody absolute freedoms.It
strikes anote of compromise between liberty and authority. Limitations and restriction are
envisaged in the largerinterest of the community and country. The parliament has been
under attack for it is alleged to havemade many inroads into the chapter on Fundamental
Right and apprehensions to the effect that we aremoving towards a totalitarian system have
been expressed. The government, however, maintains thatthe restrictions sought to be
imposed on Part III are to subserve the interests of larger land weakersections of the society.
The judiciary like-wise has been under attack from two sides. It has been argued that
during the lastfew years the scope of several rights have been considerably narroweddown by
judicial decisions inseveral respects and the court lights shy of firmly upholding the
paramount of Fundamental Right.According to K.M. Munshi,it can be attributed interalia to.
(a) A growing decline in that sensitive concern for constitutionalparamountcyof
Fundamental Rightwhich characterised the judiciary in the early Post freedom
year.
(b) An increasing though unconscious, bias in favour of legislative wisdom, if not
supremacypossibly from our close association with British Constitutional law,
and
(c) An inability to resist the influence of economic theories made by politicians in
tabloid slogans ofvagus implications, the consequent influence of these
politicians on that political party that runsthe machinery of Government.
On the other hand it has been alleged that the Judiciary has been Interpreting the
FundamentalRights to protect the vested interests and propertied class. A surveyof case law
on Fundamental Rightswould reveal that court have been interpreting rather liberally the
Fundamental Rights in favour of thegovernment except the right to property (non deleted).
The Courts as already mentioned had insisted onprotection the Fundamental Rights to
property which very few people enjoyed in this vast country wherenearly half of the
population lives below the poverty line. In a country like ours the enjoyment of such
rightsshould have been secondary; primary is the provision for bread, clothing and shelter.
What is required isthe employment opportunities, recognition of right to work, Right to
minimum wages etc. What is desiredis that these economic rights be included in Part III of
the Constitution so as to make this chapter ofFundamental Rights more meaningful. While it
is the duty of the government to see that no one ill-fed,ill-clad and ill-housed and it might
enjoy certain Fundamental duties on his citizens, it must at the sametime see that there is
minimum encroachment of the Fundamental Rights and that in the guise ofintroducing
social and economic reforms it does not completely erode the fundamental freedoms.
4.5 Summary
The true nature of a democratic state is known by the rights which it makes available
to its citizens.The rights which are considered sacrosanct and inviolable are called
Fundamental Rights. They secureto individuates the basic rights for his dignified existence.
The Indian constitution also grants 6 FundamentalRight (originally 7) to its citizens in
chapter III (Articles 12 to 35) of the constitution. These rights fall intothe category of civil and
political rights. They are justicable and can be enforced by the courts. They aresacrosanct
and the government cannot make law against them but they can be amended by
constitutionalamendment under article 368. They-are not absolute certain restrictions are
imposedon each right andmore can be imposed further by constitutional amendment. They
can also be suspended in emergencyexcept rights provided in Articles 20 and 21. The six
Fundamental Right are right to equality (articles 14to 18), right to freedom (articles 19 to 22),
right against exploitation (article 23 and 24) right to religion(articles 25 to 28), Cultural and
educational rights (article 29 and 30) and right to constitutional remedies(article 32). Each
right has its limitations such as there is right to equality but there is protectivediscrimination
in favour of women, children and educationally and economically backward classes.Right to
freedom can be restricted in the interest of sovereignty and integrity of India, the security of
thestate, friendly rotations with foreign states, public order, decency or morality, contempt of
court,defamation or incitement to offences. Right to freedom of religion can be restricted in
view of threat topublic order, morality and public health. Thus Fundamental Rights do not
embody absolute freedoms.They strike a compromise between liberty and authority.
Limitations can be imposed for the largerinterests of the society and country.
4.6 References
1. The Constitution of India Bill 1895 included certain basic rights, including the
rights (a) to take part in the affairs of this country, (b) to express his thoughts by
word or writings, and publish them in print, without, liability to ensure (c) in
have in his house an inviolable asylum. (d) To enjoy his property (e) of equality
before law. The commonwealth of India Bill 1925 also enumerated Fundamental
Rights which included (a) Liberty of person and security of his dwelling and
property (b) Freedom of conscience and free profession and practice of religion (c)
Free expression of opinion and the rights of assembly of forming associations and
unions (d) Free elementary education (e) use of roads, public place courts of
justice and the like (f) equality before law, irrespective of consideration of
nationality and (g) Equality of the sexes.
Nehru Committee report (1928) has also enlisted nineteen Fundamental Rights.
2. M.C. Setalvad the Indian Constitution 1967, p.27.
3. The right to Property (Article 31) has now been deleted from the Constitution by
Constitution 44th (Amendment) Act.
4. Articles 14 to 15.
7. Articles 25 to 28
9. Article 32.
10. Ram Singh v State of Delhi. 1951 CSR 451.
11. AIR 1622 SC 1621.
12. AIR1951 SC 458.
13. AIR I965 SC 845.
14. AIR 1967 SC 1643.
15. AIR 1967 SC 1643 (1665).
For a detailed discussion on the doctrine or prospective overruling Sec: A.R.
Blackshield Fundamental Rights, and the Institutional Viability of the Indian
Supreme Court, Journal of Indian Law Institute. Vol. 8 1065 p. 139.
16. For details see Pam Rajput. The Doctrine of State Decises, Prospective Overuling
and Acquiescence in Jurisprudence A Critique. The Supreme Court Journal
1968.
17. The 42nd Amendment provides that an impugned law can be invalidated only by
two-third majority. '
18. Article 13 W inserted by the Twenty-fourth Amendment.
17. This will be discussed in detail at later stage.
20. N. A. Palkhivala declared these as an 'Outrage on constitution"; See Palkhivala's
Our Constitution Defaced and Defiled (1974). For an answer to Palkhivala's
contention refer to Sayed's Constitution for Haves and notes.
21. AIR 1963 SC 1461.
22. Under the 42nd Amendment a new clause has been inserted in Article 368 to the
effect that any amendment of the Constitution passed in accordance with the
requirements specified in that article shall not be called in question in any Courts
of law on any ground. The amendments have thus been completely beyond the
purview of the Courts.
23. C.A.C. Vol VDI.p.953.
24. C.A.D. Vol VIII, P.95.
25. Justice Subba Rao, Convocation Address, Madras University, Sept 3, 1962.
26. Daryao v. State of U.P. AIR 1961 SC. 1457 Amalgamated Coat Fields Ltd., v
Janapada Subha, AIR 1964 SC 1030.
27. M. C. Setalvad, the Indian Constitution (1957) p. 173.
28. Tirlok Chand Motichand V.H.B. Minshi, AIR 1970, SC 898. .
29. V. G. Ramachandran, is the Constitution Supreme, The Indian Advocate Vol 8,
1968 pp. 56-57.
30. Ibid.
31. AIR 1964 SC 381 (403).
32. Article 19 guarantees freedom to citizens only.
33. N. C. Chatterjee and P. Parmeshwara Rao, Emergency and Law 1966 p. 124.
34. See CAD Vol. IX pp. 533-38.
35. Makhan Singh v, State of Punjab, AIR I966 SC 381.
36. Ibid.
37. AIR 1959 SC 129 (AIR 1959 SC 149).
38. Article 15 outlaws discrimination on grounds of religion, race, caste, sex orplace
of birth; article 16 provides for equality of opportunity in matters of public
employment; article 17 abolishes untouchability; and article 18 prohibits the;
stale from conferring pny little except a Military or academic distinction:
39. The expressions equality before the law and equal protection oflawhave been
borrowed from the English doctrine of rules of law and the American Constitution
respectively.
40. Bashesher Nath v. Income Tax Commissioner, AIR 1959 SC 149.
41. Charanjit LaI v. Union of India AIR 1951 SC 41: State of West Bengal v. Anwar
Ali, 1952 SC 75. Budnan Chowdbry v. State of Bihar, AIR l55 SC 191, Ram
Krishan Dalmia v. Justice Tendulkar AIR I958 TC 539, 'State of J & K v. Bakshi
Gulam Mohd. AIR 1967 SC l22.
42. Anand J. Haridas & Co. v. S.P. Kastur, AIR 1968 SC 567, State of Mysore V.P.
Nara Singh Roy AIR 1968 SC 349 RC Cppper v. Union of India AIR 1970 SC 564.
43. The Supreme Court was under severe attack for its decision in the Bank
Nationalization Case. The Judges who sat on the bench were described as
reactionarisc and leftist members of Parliament demanded the impeachment of
those judges who had shares in the Banks and sat on the bench of the Court to
hear the case.
See The Tribune April 14,19708:3.
44. A.K.Gopalan V. State of Madras. AIR 1950 SC 27.
45. Sakal papers. (p) Ltd. V. Union of India. AIR 1962 SC 303.
46. P.B. Gajendragadkar, Law. Liberty and Social Justice (1962) p. 89.
47. Ramesh Thapar v. Sate of Madras, AIR 1950 SC 129.
Brij Bhushan v. State of Delhi AIR 1950 SC 129.
Express Newspapers Ltd. v. Union of India AIR I958 SC 578.
M.S.M. Shanna v. Sri Krishna Sinha AIR 1959 SC 395.
48. Per Justice Pataojali Sastri, Thapar v. State of Madras, AIR. 1950 SC 124.
49. Article 19 (40)
50. AIR 1958 SC 332.
51. This amendment was made to negative the effcct of the Allahabad High Court
decision in Moti Lal v. U.P. (AIR 1951 ALL 237). Which had defeated the 'Policy of
Nationalization of Road Transport Service initiated by file U.P. Government.
52. Sagir Ahmad v. State of U.P. AIR 154 SC 728. Akadshi v. State of Orissa AIR
1963 SC 1047.
53. Munro write due process clause has become a sort of palladium covering all
manner of individual rights. See W.B. Munro. The Government of United States
(1947) p. 520.
54. See Ray A. Brown. Due Process Police powers and die Supreme Court Harvard
Law Review Vol. 40, 1926. J.P. 943 (1966).
55. A1R 1950 SC 27.
56. Justice Fazi Ali who gave a dissenting opinion observed that the words
Procedure-established by law, must include four essentials (i) notice (ii) an
opportunity, (iii) an impartial notice (iv) an orderly course of procedure (A.K,
Gopalan Vs. State of Madras AIR 1957 SC 27 (60-61).
57. S. Mohan Kumaramanglam suggests that the amendment of article 21 is vitally
necessary-if that article is to have any meaning (P.42).
58. S. Mohan Kumaramanglam Person Liberty, AIR 1956 J. 39.
59. Article 22 (3).
60. A.K.Gopalan Vs. State of Madras AIR l957 SC 27.
61. See Indian Civil Liberties Bulletin, Aug. l967, p.310.
62. States have par i-d their own legislation for preventive detention. The States have
concurrent jurisdiction in this matter.
63. VC Deshpande Lok Sabha Debates 10, l954.
64. N.C.Chatterjee Lok Sabha Debates Dec. 11, 1S54.
65. Before the districution of Lok Sabha in December 1970, Congress (R) did not
have sufficient time to give life.
66. B. R. Amedkar, Constituent Assembly debates. Vol. VII pp. 883-84
67. AIR 2952, SC 226
68. This issue will be discussed at length in the Second Lesson.
69. Article 32 and 226 have already been discussed in Part II of this lesson.
Constituent Assembly Debates, vol. IX, pp. 1193-95,
70. AIR 1954 SC 70: also see State of West Bengal v. Subodh Gopal, AIR 1954 SC 92;
Dwarkadas, Srinivas v; Sholapur Spinning Co, AIR 1654 SC 19.
71. See Vijravelu v. Dy. Collector, AIR I965 SC 1017.
Union of India v. Metal Corporation, AIR 1967 SC 673.
State of Gujrat v. Shanti Lal AIR 1969 SC 634.
R. C. Copper v. Union of India AIR 1970 SC 564.
72. Paras Diwan Pam Rajput the Social Change and the Swaran Singh Committee's
Recommendation and CPP's proposal for Constitution Amendments. Lawyer,
1976 Vol. 8 No.9 p. 116.
73. Golak Nath v. State of Punjab AIR 1967 SC 1943.
74. K.M. Mimshi "Whither Fundamental Rights Taper read at the Third All India Law
Conference held in 1962.
• Durga Das Basu, Constitutional taw of India, IV Edition, 1985 p. 283.
1. Austin, Granville, Working of Democratic Constitution, OUP, New Delhi, 2000.
2. Brase, Paul, Politics of India since independence, Orient Longman, Hydrabad,
1990’s.
3. Morris, Jones, W.H., Government and Politics in India, B.I. Delhi (Latest Edition).
4.8 Model Questions
1. Discuss the nature of Fundamental Rights.
2. Critically analyse Right to Freedom.
******
Lesson-5
THE DIRECTIVE PRINCIPLES OF STATE POLICYAND

FUNDAMENTAL DUTIES
Structure
5.0 Objectives ' -
5.1 Introduction
5.2 The Nature of Directive Principles
5.3 Conflict between Fundamental Rights and Directive Principles
5.4 Fundamental Duties
5.5 Summary
5.6 References
5.8 Model Questions
5.0 Objectives
This lesson deals with the nature of Directive Principles and the relations with
Fundamental Rights.After going through this lesson you should be able to:
• explain the nature and objectives of Directive Principles,
• analyze the controversy regarding the relations of fundamentalRights and Directive
Principles.
• evaluate the attitude of Judiciary towards Directive Principles; and
• discuss the Fundamental Duties. .
5.1 Introduction
The Directive Principles of State Policy enshrined in Part IV of the Constitution (Article
36-51) area 'complex of values' which aim at the establishment of a "welfare state' as
distinguishedform a 'policestate'. These principles have been described as the life giving
provisions' of the Constitution. The insertionof these principles of social policy in the
constitutional text was a deliberate attempt on the part of theframers of the Constitution who
felt the pulse of the time that the rights and interests of the individualmust be engineered
and balanced with the interests of the society at large. Further, the framers of
theconstitution who were influenced by the American Bill of Rights: were mindful of the
difficulties thatthe American Government had to face in the 'New Deal' Era to bring socio-
economic legislation. TheSupreme Court of America tried to frustrate the attempts of the
government to bring socio-economiclegislation by striking it down on one pretext or the
other'. They would thus, not leave it entirely to thecourts to take cognizance of the need for
social change and to interpret the Constitutional to that effect.They followed the Irish
practice and incorporated certain principles instituted as the Directive Principlesof State
Policy (Part IV) of the Constitution.
5.2 The Nature of Directive Principles
The Fundamental Rights embodied in Part III of the Constitution secure an egalitarian
society andthe Directive Principles enumerated in Part IV are aimed at securing a social
order. Article 38 clearlystates: "the state shall strive to promote the welfare of the people by
securing and protecting as effectivelyas it may, a social order in which justice social,
economic and political, shall inform all the Institutions ofnational life."
The principles enlisted in Part IV are to adequate means of livelihood, equitable
distribution ofmaterial resources to subserve common good, no concentration of wealth,
equal wages, humaneconditions of work, protection of children and youth against
exploitation right to work, living wages,education, public assistance in case of
unemployment, old age etc. free and compulsory education forchildren; organization of
Panchayati Raj organization of agriculture and animal husbandry, separationof judiciary
from the executive, promotion of international peace and security, etc.
The Forty-second Amendment introduces a few more directives namely, equal Justice
and freelegal aid, (Article 39-A) participation of workers in the management of industries
(Article 43-A) andprotection and improvement of environment and safeguardingof forests and
wild life (Article 48-A).
The 44th Amendment has also introduces one directive 38(2) namely to minimize the
inequities inincome and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongstindividuals but amongst groups ofpeople.
These principles which are in the nature of positive directions to the state though
fundamental in thegovernance of the countryare not enforceable by any court of law. Article
37clearly says; the provisionsin the Part (Part IV) shall not be enforceable by any court but
the principles therein laid down arenevertheless fundamental in governance of the country
and it shall be the duty of the state to apply theseprinciples in making the laws".
Since Article 37 bars the enforceability of these principles, these have been invariably
dubbed asdustbin of sentiments', declaration of purposeless piety destined and even
designed to remain barrenand superfluous. Dr. Ambedkar, however, had categorically sated
in the Constituent Assembly that theseare not to be paid lip service. And he warned that; "If
any governmentignores them they will certainly haveto answer for them before the electorate
at the election time".
5.3 Conflict between Fundamental Rights and Directive Principles '
Since the inception of the Constitution, therehas been an unfortunate controversy in
regard to theFundamental Rights and Directive Principles and the judiciary has been blamed
all through for coming inthe-way of implementing these principles. This in fact stated with
the Supreme Court decision inChampakam Dorairajan Vs. State of Madras in this case the
order of the Madras government whichfixed the seats for admission to a medical college on
the basis of caste in accordance with the provisionof Article 46 which provides for the
promotion of educational and economic interests of Scheduled Castes'and Scheduled Tribe
was challenged. The petitioner contended that the saidorder violated the Fundamental Rights
to equality in the matters of admission guaranteed under Article 29 (2), thatis, "no citizen
shall be denied admission to any educational institution maintained by the state or
receivingaid out of state funds, on grounds only of religion, race, caste, language or any of
them". The Supreme Court upheld the petitioner's claim on the ground that the Fundamental
Rights were justifiable and theDirectives were not and in an eventuality of clash between the
two; the former had precedence over thelater. It observed, "The Directive Principles of State
Policy, which by Article 37 are expressly made,unendurable by a court cannot override the
provisions formed in part III which, notwithstanding theother provisions are expressly made
enforceable by appropriate writs, orders or directions (Article 32),Fundamental Rights are
sacrosanct and not liable to be abridged by any legislative or executive orderexcept to the
extent provided in the particular Article in part III. The Directive principles of State
Policyhave to conform to and run subsidiary to the chapter on Fundamental Rights. In our
opinion that is thecorrect way in which the provisions found in Part III and IV have to be
understood.'
The above decision has been considered as the 'most damaging' to the values and
effectivenessof the Directive Principles. In case of apparent clash, the court should have
found solution harmoniousinterpretation, but no such effort was made in this case. This led
to the discussion once again if theseprinciples were more 'pious homilies' or something more
than that some rejected the notion of superiorityof Fundamental Rights over the Directive
Principles as laid down by the court. Others emphasised thatthey are 'fundamental in the
governance of the country'. Still others suggested that not the DirectivePrinciples but the
Fundamental Rights should conform to the Directive Principles. Thus, V.G.Ramachandran
observed that "supremacy could not be smelt out of the test justifiability" and NarayanRao
emphasised that since these principles are fundamental in the governance of the country,
"judicialrespect short of enforcement is obligatory on the courts”. P.K. Tripathi, a member of
the LawCommission of India, on the other hand, too suggested that the Fundamental Rights
should conform tothe Directive Principles and are courts should declare any legislation that
violates the Directive Principlesas unconstitutional.
Following the decision of the Supreme Court, the Parliament to give effect to the said
DirectivePrinciple added clause (4) to Article 15 by the First Amendment which empowers the
State to makespecial provisions for the advancement of any socially and educationally
backward classes of citizensand for the Scheduled Castes and Scheduled Tribes.
It may be submitted that while the court did not show foresightin Champakam case in
the Interpretingthe provisions of Part III and Part IV, the Parliament also did not address
itself to the real problem. It amendedthe Constitution only to implement the Directive
contained in Article 48. The subsequent decisions of thecourt, however, clearly indicate that
there was no cause of being panicky at the decision in Champakam Vs.State of Madras and
rushing an amendment to the Constitution, in fact G.S. Sharma in his article"Leaders and
Directive Principles" justifies the reaction of the court to the order of the Government
ofMadras which was communal in nature, "it would require a time lag"he writes, "and
continuous familiaritywith the specific problems of Scheduled Castes and Scheduled Tribes
over a period before the court orany other person could realize that under the special
conditions of Indian society a special treatment to aparticular minority fora specific period
could be treated as a value comparable to the value of maintainingsecular traditions of
admission for educational institutions. The court, however, in its later judgmentapplied the
harmonious interpretation.
Only one year after the Champakam decision, in the State of Bihar Vs. Kameshwar
Singh theSupreme Court departed from its stand taken in the former case. In the present
case various legislativeacts of different States, which sought to abolish Zamindari
systemimplementing the Directive containedin Article 39 were challenged as violative of the
Fundamental Rights to property.
There was an apparent clash in this case between the Fundamental Right and the
DirectivePrinciple the Court, however, solved the tangle by applying the principle of vicarious
orientation, that thefulfillment of objective of Article 39 wasa public purpose find
theimpugned Acts were upheld. Any actwhich is calculated to promote the welfare of the
people as envisaged in the Directive Principles. It heldmust be regained as a public purpose.
Law must keep pace with the realities of the social and politicalevolution of the country as
reflected in the Constitution. "We must not read" said Justice Das 'a measureimplementing
our 20th Century Constitution though the spectacles tinted with early 18th century
notionsasto the sanctity or inviolability of Individual rights.
It is clear from above that the court completely changed its attitude and later in
number of casesBijoy Cotton Mills Ltd. Vs. State of Ajmer, M.H. Qureshi Vs. State of Bihar,
Kerala Education Bill(RMDC.V.Union of India) it relied upon the principle of harmonious
construction and interpreted the restrictionson the Fundamental Rights in the light of the
Directive Principle. In Chandra Bhawan Boarding andLodging Bangalore vs. the State
ofMysore, the Court categorically declared that "we see no conflict onthe whole between the
Provisions contained in Part III and Part IV. They are complementary andsupplementary to
each other".
Again in Golak Nath case when apprehensions were expressed before the court that if
an embargowas placed on the power of Parliament to amend the Fundamental Rights.It
might hamperthe implementationof Directive Principles, Chief Justice Subba Rao ruled out
such a possibility. He said Part III and Part IVconstituted an integrated scheme forming a
self-contained code and the scheme is made elastic so that Directive Principles can
reasonably be enforced without taking away of abridging the Fundamental Rights.
After the Golak Nath case and before the Twenty-fourth Amendment to the
Constitution, the SupremeCourt declared two measures Bank Nationalisation and the
abolition of Privy Pursesas ultravires of theconstitution. The judiciary came under severe
attack after these decisions. It was alleged to bereactionary for obstructing the socialist
policies of the government. (We shall discuss the socialistpolicies of the government a little
latter). Bank Nationalization, according to Kumaramanglam was amajor step in restructuring
the financial systemin our country so as to take itaway from the control ofthe monopolies
and bring it under the government control. And the Withdrawal of the privy purses was
toerase remnants of the old-imperialist feudal order. The Court by obstructing these
measures erectedroad blocks on the path to socio-economic transformation of the country.
Once again along with the issue of supremacy of the Parliament, the place of Directive
Principlesbecame a discussion point country wide. Judiciary alone was squarely blamed for
creating impedimentsin the way of enacting social legislation and implementing the Directive
Principles. It will not be out ofplace to take note of the things when these measures (both the
nationalization and the abolition of privypurses) were taken. These were taken at a time
where after the fourth General Elections, the Congressparty had lost its dominant position, a
split in the party had taken place and the Congress (R) was runningwith the support of CPI,
DMK, AD and ML in the parliament. It was being feltthat if the Congress party hadto
resurrect its position it must change from a party of status quo to a party of change. Tobuild
its imageamong the masses Congress (R) initiated these radical measures and when these
were declared ultravires it found an alibi in the judiciary protecting the vested interests. This
does not absolve the Parliamentof its role. There is no doubt that the Judiciary had been
insistent on protecting the right to property, a rightwhich had no meaning as a Fundamental
Right to millions of the people who lived below the poverty line.But the question that needs
consideration is: Is it that the judiciary alone was responsible and that theperformance of
parliament in implementing these was beyond question?
As far as the judiciary is concerned barring its decisions where right to property has
beeninvolvedthere is hardly anyjudgment that can be cited to say that it has obstructed
social legislation. There is noJudicial pronouncement which has come in the way of
implementing the right to work, equal wages,leisure, public assistance in case of
unemployment, old age sickness etc., if most of these principleshave not been implemented
or were party implemented during the emergency period (equal wages formen and women,
abolition of bonded labour etc.), the judiciary is not to be blamed. In fact to quoteGunnar
Myrdal many of these laws (social legislation) are intentionally permissive. Who is to be
blamedfor this?
After the Judicial pronouncement in the Bank Nationalization and Privy Purses case,
the Lok Sabha wasdissolved by the President on the advice of the Prime Minister. After the
elections a series of amendmentswere enacted into the Constitution. Twenty-fifth
Amendment needs mention here for it accorded, superiority to the Directive Principles
contained in Article39 (b) and (c) vis-a-vis the Fundamental Rightscontained in Article 14,19
and 31. Articles 31-C was inserted by this amendment. The new article reads:
Notwithstanding anything contained in Article 13: on law giving effect to the policy of
the statetowards securing the principles specified in clause (b) or clause (c) of Article 39 shall
be deemed to bevoid on the ground that it is inconsistent with or takes away or abridges any
of the rights conferred byArticle 14. Article 19 or Article 31; and nolaw containing a
declaration that it is forgiving effect to suchpolicy shall be called in question in any court on the
ground that it does not give effect to such policy.
Provided that where such law is made by the legislature of a State, the provision of
this Article shallnot apply thereto unless such law has been reserved for the Consideration of
the President, hasreceived his assent.
Article 39 (b) and (c) direct the policy of the state to secure distribution of material
resources asbest to subserve the common good that there is no concentration of wealth.
The amendment, it is clear from the text of Article 31-C, not only placed the Directives
of article 39 (b):(c) above the Fundamental Rights to equality, six freedoms and rights to
property but even denied judicial scrutiny of legislation that made declaration to this effect
that it was to give effect to the principle in Article39 (b) and (c). The amendment along with
other amendments (24th and 29th Amendments) waschallenged before the Supreme Court in
Kesavananda Bharti V State of Kerala.' The Court upheld theTwenty-fifth Amendment partly.
It declared the later part of Article 31-C that legislation could not bequestioned before any
court if it contained a, declaration to that effect asultra vires. Thus, the Courtupheld the
superiority accorded to the Directive Principle by Twenty-fifth Amendment. However, the
courtheld that parliamentcannotdestroy the basic structure of the constitution by
amendment of theconstitution. On the argumentof Palkhiwala in this case of Fundamental
Rights in Articles 14,19 and 31are the core Fundamental Rights. Justice A.N. Ray (the then
Chief Justice) said that DirectivePrinciples are also fundamental and they can be effective
ifthey prevail over the Fundamental Rights ofa few in order to subserve the common good not
to allow economic system to result in the commondetriment.
The Forty-second amendment went a step further by enlargingthe scope of Article 31-
C. itaccorded superiority to all the Directive Principles over the Fundamental Rights
embodied in Article 14,19 and 31. The controversy of superiority was finally set to rest In
favour of Directive Principles. However,the Supreme Court in its judgment (the Minerva Mills
Case 1980) struck down the clause of the 42ndAmendment Act which accorded superiority to
all the Directives over the Rights. The Supreme Courtfurther reaffirmed its decision in
Women Rao V Union of India (1981). The latest position is that onlyArticle 39 (b) and (c) gets
precedence over Articles 14 and 19 (Article 31 having been deleted) as was thecase before the
enactment of the 42nd Amendment Act. 1976. Thus, the controversy which appeared tohave
been closed after the enactment of 42nd Constitution (Amendment) Act has once again
beenopened andStatus quo ante has been restored by the Supreme Court in this matter.

1. Define Directive Principles of State Policy.
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2. Write basic difference between Fundamental Rights and Directive Principles of State
Policy.
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5.4 Fundamental Duties
A ten point code of Fundamental Duties was incorporated as Article 51-A in Part IV-A
of theConstitution by the Constitution (42nd Amendment) Act 1976. The ten Duties as
envisaged in this newPart are as follows:
It shall be the duty of every citizen of India:-
(a) To abide by Constitution and respect its ideals and Institutions, the National Flag
and NationalAnthem:
(b) To cherish and follow the noble Ideals which inspired our national struggle for
freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
(e) To promote harmony and the spirit of common brotherhood amongst all the
people transcendingreligious, linguistic and regional or sectional diversities, to
renounce practices derogatory to thedignity of women;
(f) To value and preserve the rich heritage of our composite culture;
(g) To protect and improve the national environment including forests, takes, rivers
and wild life and tohave compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of enquiry and reforms;
(i) To safeguard public property and to abjure violence;
(j) To strive towards excellence in all spheres of individual and collective activity, so
that the nationconstantly rises to higher levels of endeavor and achievement.
One more duty has been added by 86th Constitution amendment 2002. It says that it
will be the dutyof parents /guardians to provide compulsory education to their children
between 6 and 14 years of age.
The aforementioned duties were in fact added on the recommendations of the Swaran
SinghCommittee which was set up to suggest possible comprehensive in the Constitution.
However, it maybe important to remember a few things about these duties:
(i) The duties as added by the 42nd Amendment are non justiciable and therefore,
have no legal sanctionbehind them. Thus, in this regard they are similar to Part
IV of the Constitution, which incorporates theDirectives without any legal
sanction.
(ii) The duties, unlike the Directive, have been addressed to the citizens. Thus, both
part IVA of theConstitution carry pious directives to the States and the citizens
respectively and neither the Statenor the citizen can be penalized for not
performing their duties.
(iii) The Fundamental Duties, again like the Directive Principles, have been put
together without muchdistinction between most important and least important
matter. For instance a duty like the oneexpecting the citizens to protect and
safeguard public property has been placed with the duty tohave compassion for
living creatures.
(iv) Most of the Fundamental Duties are very vague in their nature and are good only
as long as they arekept on paper only. If enforced, most of them are likely to
create confusion and chaos. For instance, it would be almost impossible and
most controversial to decide what in fact constituted the richheritage and
composite culture in India. Similarly the 'noble ideals, which inspired our
nationalstruggle for freedom' will perhaps be very difficult to be defined precisely.
(v) The duties, which expect a citizen 'to inculcate scientific temper' and 'to promote
harmony andthe spirit of common brotherhood'. If enforced by a court of law will
place the citizen at the mercy ofthe executive. This is because any government
will be in a position to penalize any citizen (particularly)if he happens to be a rival
political leader on the ground that he has not worked to promotebrotherhood or
to inculcate scientific temper etc. Here it is to be remembered that since
theseduties are positive in nature.Ifenforced, they will require a positive action
from the citizens and thenon-performance will be punishable. Thus,in short, the
Duties, if not enforced are only piousdeclarations and if enforced are likely to be a
source of much trouble.
(vi) The duties can serve only a few purposes; they may instill a sense ofduty among
the citizensand make them aware that the Rights of PartIII are to be read along
with the Duties of Part IV A; theduties may also help the courts in interpreting
the reasonable restrictions attached to articles 14and 19 of the Constitution the
courts may also get guidelines in examining a particular executiveact infringing
upon any of the fundamental Rights.
5.5 Summary
The Directive Principles of State Policy enumerated in Part IV (Article 36-51) of the
constitution areaimedat securing a just social order and a Welfare State. However they are
not enforceable by Courtslike the Fundaments' Rights but the Constitution declares (Article
37) that they are fundamental inthe governance of The Country and it shall be the duty of
the State to apply these principles in making thelaws. The main Directive Principles are
equitable distribution of material resources to subservecommon good, no concentration of
wealth, adequate means of livelihood, equal wages, right to work,social security etc. In fact
they are charter of social and economic rights. Although the aim of both DirectivePrinciples
and Fundamental Rights is to provide justice to the people but because of their legal
status,there has been conflict between the two. Whenever the government enacted social
legislation toimplement the Directive Principles which affected the right to property. Judiciary
was blamed forcreating impediments in the way of implementing the Directive Principles.
Government took recourse toConstitutional amendment whenever the law implementing the
Directive Principles was declared ultravires by the judiciary in violation of Fundamental
rights. For this first the ninth schedule was added in theConstitution by 1st amendment
protecting the land reforms and then Directive Principles described inArticles 39 (b) and (c)
were given priority over Fundamental and finally right to property was deleted from the list of
Fundamental Rights.
5.6 References '
1. P. K. Tripathi observes in the context that in the beginning the Supreme Court of
the United States "would not appreciate the significance of the transformation of
the entire structure of political economy and would stick to notion as to province of
the fundamental rights with such tragic faith as to force the very drugs of those
rights down the throat ofsprawing fainting community". It however, soon took an
enlightened view of the new balance between the fundamental rights and social
needs and permitted the government authority a convenient scope for efficient
action.
2. Ivor Jennings in his Characteristics of tile Constitution prophesises that the ideas
expressed in Part IV of the Constitution win survive for a generation.... this part of
Constitution is the product of time and the circumstances. Time moves and
circumstances changes rapidly.
3. 19 SC.
4. Narayan Rao, The Directive Principles. A Case for New Interpretation Indian Year
Book ofinternational Affairs. Vol. VIII, l959 p. III.
5. P. K. Tripathi, "Principle of State Policy" Supreme Court Journal, 1954 7(12).
6. G.S. Shanna, "Leader and Direction Principles'' JILI 1965, Vol. 7, p. l73 (183)*
Emphasis is mine.
7. 1952, SC 252. :
8. R.C. Copper V Union of India. l970. SC 564.

9. The italiciscd portion has been declared invalid by the S.C. Kesavananda Bharti,V
State of KeraIa, 1973. SC, 1461, 1.1973 SC. !461.
1. Kothari, Rajni, State against Democracy, In search of Humane Governance, Ajanta Delhi,
1989.
2. Morris- Jones, W.H. Government and Politics in India, B.L. Delhi (Latest Edition)
5.8 Model Questions
1. Discuss the conflict between Fundamental Rights and Directive Principles.
2. Analyze the attitude of judiciary towards Directive Principles.
--O--
Lesson-6
CONSTITUTIONAL AMENDMENTS:NATURE, PROBLEMS AND

POLITICS
Structure
6.0 Objectives
6.1 Introduction
6.2 Importance
6.3 Method of Constitutional Change in India
6.4 Constitutional Amendments-Classification
6.5 Important Amendments
6.6 Summary
6.7 References
6.9 Model Questions
6.0 Objectives
The aim of this lesson is to explain the importance of constitutional change in general
and themethod of Constitutional Amendments in the Indian Constitution in particular and
the importantAmendments made so far. After reading this lesson you will be able to:
 Understand the importance of provision for amendment;
 Analyze the amending process in the Indian Constitution; and
 Evaluate the important Constitutional amendments and their impact.
6.1 Introduction
There has never been an ideal constitution and no constitution could possibly be ideal
for all,States, A constitutional document which is suitable for the needs of an oriental,
theoretic or a traditional type of State may not be appropriate for a modern secular and
welfare State. Further every constitutionis constantly undergoing change of various kinds
through the import of new needs upon it. Besides,every viable constitution must necessarily
reflect the aspiration and the power structure of the particularsociety. It is designed to serve:
it cannot and will not function in a vacuum. Also in a dynamic society inwhich we are living
no good constitution can possibly retain its quality for very long unless it can bechanged to
adjust with the changing times. John Start Mill observed that no constitution can expect tobe
permanent unless it guarantees progress as well as order then again no amount of drafting
skillcould be expected to eliminate the necessity of revision and development to adapt the
constitution tothe unforeseen and the unforeseeable. No constitution therefore should be
regarded as a rigid or staticdocument. Originally Constitution was adopted to ensure the rule
of law. In fact as K.C. whereas alsoexplained in his Modern Constitution, a constitutional
government is more than a government according to the terms of the constitution. "It means
government according to the rule as opposed toarbitrary government, it means government
limited by the terms of the constitution not governmentlimited only by the desires and
capacities of those who exercise power, this shows that a constitutionis determined to ensure
the people, a government which is not arbitrary or tyrannical but no thecontrary is run
according to some set and well established rules of the constitution. However
thisconstitutional limitation does not mean that the principles of government should be rigid
or static. If westart believing in the rigidity of a constitution, the government which it runs,
will also not be a dynamicone and, therefore, will not be able to live up to the expectations of
the people it governs. The societiesare always dynamic and naturally need changes in the
laws governing them. In a constitutionalgovernment constitution is and ought to be regarded
as sacred to guarantee some consistency in thegovernment but it should not lead us to the
other extreme of making it sacrosanct. After all, theconstitution is a constitution only and
simply is a means to serve the people, therefore, it should not beallowed to become an end it
itself. No doubt a constitution is sacred but human life is more sacred thana constitution.
Thus two important attributes of good constitutional documents of modern States
arestability and flexibility. They must supply the stability which orderly government requires
and at thesame they would fail in their purpose the doors are closed to tightly against change
and adaptations. Indeed in many ways the central problem before the framers
ofConstitutionis to find a proper balancebetween stability and change, a reconciliation of the
idea of a stable Judicial order, affording no scopefor hasty, sudden or revolutionary change,
with the idea of growth and development.It is therefore amistake to overemphasis either
flexibility or stability. What is necessary is a judicious blending of theelements. In other
words, a certain measure of flexibility is essential to the successful working of aconstitution.
An adequate provision for amendment is therefore, implicit in the very nature of
aconstitution and practically every constitution has some formal methods of constitutional
amendment.
6.2 Importance
The life of a nation is dynamic and with, its political, social and economic conditions
changealmost continuously. Consequently either new problems are created or the
complexion of the old ones is altered. It is, therefore, quite often that a constitution drafted in
one era and in a particular context isfound inadequate era and context, the basic ideas upon
which a constitution is based in one generationmay be found in the next.It thus becomes
necessary to have some machinery, some process, by whicha constitution may be adapted
from time to time in accordance with national needs.
The various methods of constitutional change include not only the formal procedure
foramendment in the original text but also some extra constitutional devices such as
constitutionalusages, customs and the interpretation of constitutional clauses by the
judiciary. The latter sometimeschanges the entire meaning of the constitutional provisions-
An analysis of the various so called flexibleconstitutionof the world shows that there is no
absolute correlation between the case of amending aconstitution and its flexibility. What
appears in one instance to be a simple process of amendment maybe used in frequently. A
constitution may be fortified by the hold of customs on the mind of men inanother place
where the methods of amendment are intricate and seemingly unworkable we may find
aconstitution stirred up constantly. However the working of extra constitutional forces
cannot render theprocedure of formal amendment undesirable. It is important to remember
that the usage or customsdo paralyse the arms of a constitution but cannot amputate it. The
amputation requires a formalamendment to the text.
The amending provision in a Constitution is hence, of great importance for it may
enable thecountry to develop peacefully, the alternative to which may be stagnation and
revolution. C.J. Fredrichhas aptly observed that a wise constitution will provide for its own
amendment in sucha way as toforestall as far as is humanly possible, revolutionary
upheavals.
Now let us see as to what exactly is meant by the term amendment and
constitutionalamendment. According to the Shorter Oxford Dictionary, the word amendment
is derived from the Latinword 'emendarg', and in the context mean 'removal of faults or error
reformation or the alternation of aBill before Parliament The Century Dictionary notes the
word 'amendment' comes from the Frenchword 'amender' meaning literally 'to make better'. It
is defined therein as an alteration of legislative ordeliberative act or in a constitution, a
change made in a law either by way of correction or addition. Inthe United States it was held
by certain writers that the terms 'amendment', has a very restrictedmeaning namely, that an
amendment must be garment to something in the original instruments and thatit must not
be destructive of the very character of the original instruments of the instrument itself.
6.3 Method of Constitutional Change in India
Framers of the Indian Constitution gave to the people of India a constitution which
although wasquite descriptive and comprehensive, yet had enough scope for changes, they
were very much awareof the needs of the future societywhichthey very rightly though were
impossible to comprehend at that time. However, while keeping in view the needs for change
and flexibility in the document, they were also conscious of the danger of itsbecoming too
flexible as to render it good for nothing. The constitution fathers knew that constitutionthey
were framing, as the one which has the provision for federal government as against the
unitary one and therefore they had a sacred duty towards these two sets of the government
which in a federalsystem need some constitutional guarantee against the encroachment on
each other's fields. Howeverthe father of our constitution decided not to sacrifice the
dynamism for the sake of legalism orfederalism, blind adulation of which might have led to
tyranny of the constitution. Federalism is not something dogmatic or static. It is dynamic and
has been changing its original meaning almost in all thefederal system.
In the Constituent Assembly of Indiamost of the speakers were in favour of making
theamending process very easy, they had in mind the lessons of American and some other
Constitutionwhich had to be changed a lot by the judicial interpretations and other extra-
legal methods of change.They decided to give an elaborate procedure for amendment in the
Constitution itself and leftcomparatively a smaller area for the change to be introduced
byextra-constitutional means. BesidesAmbedker, eight members spoke on the issue of
amendment in the Constituent Assembly. Of theseeight speakers six were of the opinion that
the amending procedure should be much easier and at leastin the beginning the amendment
should be made possible by asimple majority of the legislators.Theseframers thought the
constituent Assembly was not representative of the people of India because of itsindirect
election and the presence of a large number of the representatives of the Indian states,
whowere not formally elected by the people. Besides this the members of the Assembly were
elected by arestricted franchise.In view of these circumstance, the framers thought that the
future legislators wouldbe more representative of the people and therefore also more
competent to change the Constitutionaccording to the needs of the society, 'We are
conscious', said P.S. Deshmukh, "that there are manyprovisions which are likely to create
difficulties when'the Constitution actually starts functioning. Thisconstitutions is bound to
be and will prove to the defective in many respects. It would be better tochange the
constitution than to risk the whole Constitution being rejected by future Parliament and
theirresorting to something much more drastic and radical.
Apart from this line of argument which is based on the principle of dynamism, the
scholar havealso argued that nothing should be allowed to come in the way of human
progress, in the name of anyconstitutionalism. If a constitutional government is pledged to
counteract the arbitrary government byitself it should not become a tyrant. In such a case
the tyranny of constitution may even be worse thanthe tyranny itself of a tyrant the latter is
at least a human being and can be expected to exercise somereason while such a thing
cannot be imagined from a tyrannical constitution.
Thus the Indian Constitution was made flexible broadly on two grounds, namely (a) to
avoid anystagnation in the life of the country (b) to leave power of amendment with the future
legislature whichwere considered to be representatives of the people by some members of the
Assembly.
If we consider the case or difficultywith which a constitution can beamended as a
criterion of flexibility or rigidly of a constitution, the Indian Constitution is perhaps themost
flexible one. However as Prof. Wheare has opined a constitution is changed not only
throughamendment but also by some extra constitutional methods such as judicial
interpretations, customs andusages which a society might develop in the due course of its
development. Such usages and judicialinterpretations sometimes bring vital and drastic
changes in the working of a constitution withoutaltering a single word, in the letter of
theConstitution. Even if all these methods of constitutional changeare taken into
consideration theIndianConstitution still can be regarded as a flexible one. It has seen88
amendments in five decades of its life. These amendments were made inspite of the fact that
mostof the time the same party was ruling at the Central and State levels. Had there been
political partiesworking at the Centre and the State levels, we might have seen more
amendments in our Constitution.
In short "the amending process" (of the Indian Constitution) in the words of Granville
Austin, hasproved one of the most ably conceived aspects of the Constitution. Although it
appears complicated, itis merely diverse, providing three ways of ascending difficulty for
altering the Constitution" Prof. K.C.Whearehas also praised the procedure of amendment in
the Indian Constitution. He commends itfor striking a balance between the rigidity and
flexibility and for placing extra safeguards in theamending process so far as those parts of
Constitution, are concerned which contain the division ofpowers between the Centre and the
States.
Article 368 deals with the amending procedure. The various provisions of the
amendment in theIndian constitution can be broadly divided into three categories which are
based on the case or difficultyin the procedure of amendment of the various articles. The
framers have given different weightage tothe provisions in regards to the procedure of
amendment. Of these categories, two have beendescribed in the amending article 368 itself
whereas the third one has been elaborated in differentprovisions of the Constitution.
Now we shall discuss the three categories in some details:
CategoryI: It includes the articles which can easily be amended by a simple majority in
theParliament and procedure adopted is that of ordinary law making, so that the Parliament
passtheseamendments without much difficulty. The provisions included in this category are
as given below.
(i) Articles dealing with the Organisation of States, (Articles 3, 4, & 5).
(ii) The Official Language of the Union (Articles 343, 355, & 348).
(iii) The creation and abolition of the upper House inthe State Assemblies (Articles
169).
(iv) Articles dealing with the citizenship of India (Articles 5 to 11).
(v) Articles relating to the Salaries and allowances of M.Ps. (Article 169).
(vi) Articles dealing with the amendment of the second Schedule of the
Constitution.
Category II:- This category includes the articles which require a special provision for
theiramendment because of their very nature. The Indian Constitution establishes a federal
system, ofgovernment and therefore it was considered desirable to leave the States entirely at
the mercy of theUnion government. Federalism is a compromise between the, Centrifugal
forces prevailing at aparticular time in particular country, in view of this nature of federation
it becomes a sacred duty of aConstitution to ensure at least some constitutional guarantee to
these two sets of governments, thegeneral and the regional governments. This naturally
requires a little bit different procedure for theamendment of such type of articles. However,
even these articles dealing with federal provisions havenot been regarded as too sacrosanct
and therefore, have not been made very rigid. Such articlesrequire a special provision for
their amendment and the aim and purpose of this special provision isnothing but to elicit the
opinion of the states to have their concurrence in the amendment of theseprovisions. This
simple procedure is as follows:
A bill to amend these provisions becomes an Act if is passed by (i) a majority of
totalmembership of each house (ii) a majority of not less than two third members of each
House, presentand voting and also by (iii) at least half of the State legislatures.
This category thus ensures the concurrence of the State legislatures and includes
mainly thefollowing articles.
(i) Articles dealing with the representation of the states in the Parliament (First
Schedule)
(ii) Articles 224 and 225 dealing with the distribution of the legislative powers
between theUnion and the State.
(iii) The terms included in the three Lists of the seventh Schedule.
(iv) Articles dealing with the constitution of the High Courts in the States. (Chapter
V, Part V).
(v) Articles relating to the constitution of the Union Judiciary (Chapter IV, Part V).
(vi) Articles 73 and 162 concerning the extent of the executive power of the Union
and of theStates.
(vii) Last of all it includes the provision of the amending article itself (Article 368).
Category III: - The third category strikes a balance between the first and second
categories andincludes the articles which require more than a simple majority in the
Parliament but do need anyconcurrence of the State legislatures. These provisions can be
amended if a bill to that effect has beenpassed by a simple majority of total members of the
Parliament and also 2/3rd majority of members ofthe Parliament, present and voting. These
articles include the bulk of the total articles of theConstitutions and cover almost all the
articles not included in the first two categories. The articlesincluded are mainly those dealing
with the Fundamental Rights and the Directive Principles (part III PartIV).
6.4 Constitutional Amendments - Classification
In total 88 amendments have been made in the Constitutionsince its inauguration in
1950. Outof these 60 amendments, most ofthem were relatively unimportant from the point
of view of any socialor political philosophy of the governments as they did not raise much
problem or political controversy inthe country. These amendments were of various types
such as dealing with the accession of some newStates to the territory of India, Grant of
Statehood to the existing States, and increase in the Strength ofLok Sabha etc.
If we look at the list of these amendments, made so far, we can easily pinpoint the
majoramendments which generated much heat in the various academic and non-academic
circles. Some ofthese amendments were enactedsimply to undo the effect of judicial review
and restore the legislatureits paramountcy in legislative sphere. We can divide these
relatively more important and controversialamendments into following categories.
I. In the first category we can include the amendments which aimed at restricting
theFundamental Rights of the citizens, and more particularly the Freedom of
Speech andRights to Property Amendments, 1st, 4th and 16thwere some such
amendments which putmany limitations on the exercise of these rights and made
them relatively limited. They alsoenabled the parliament to abolish the Zamindari
Laws.
II. The second category includes the amendments which deal with the right of
parliaments toamend Part III of the Constitution. Amendment 24, 25 and 26
belong to this category and allof them were introduced in the year 1971 after Mrs-
lndira Gandhi's Congress (Congress-R)gained fresh and absolute majority in the
Lok Sabha these amendments were of a muchcontroversial nature than the earlier
ones. They were introduced to nullify the effects of theSupreme Court decision in
the Golakh Nath and such other cases which had alsodebarred the parliament
from amending any of the Fundamental Rights and had declaredthis part (Part III)
constituting the basic structure of the Constitution and henceunamendable.
III. Inthe third category can be included those amendment which came after
declaration of theinternal emergency and includes the amendments curtailing the
powers of the Supreme Court. Most ofthese amendments besides many other
changes, made the executive arm ofthe State stronger and established, the
paramountcy of the Parliament once and for all. Themajor amendment in the
constitutional history of India, the 42nd amendment, 1976, alsocomesin this
category. This amendment, other change, apart made the Parliament supremein
many Spheres, gave precedence to the Directive Principles over the Fundamental
Rights,transferred many subjects from the State to the Union List, introduced
changes in thePreamble and included a Chapter (Part IV-A) on the Fundamental
Duties of the citizens.
IV. Amendment made to nullify partly or wholly, the effect of certain provisions at
theamendments made during the emergency period.
V. Amendments made after re-emergence of Congress (I) in the 1980 Lok Sabha
election.
6.5 Important amendments

Now we shall take up some of these afore mentioned important amendments at some
length.
Amendment No.1:- It was passed in 1951, and arms at curtailing some of the
FundamentalRights. The need for this amendment arose as a result of the misuse of some
Fundamental Rights. Inparticular the right to speech was found to be too wide and needed
some limitations to check itsdegeneration into license Similarly the steps taken by the
government to abolish the Zamindari systemwere declared ultra virus by the Supreme Court
of India and, there, ithad become necessary toempower the Parliament to make such changes
as it desired, in the economic set up of the country.Finally this amendment was enacted to
amend articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376of the Constitution. This
amendment also added new articles, 31-Aand B in the Ninth Schedule to theoriginal text of
the Constitution.
Amendment No. 4:- This amendment made in 1955, was introduced to abolish the
lawsconcerning the institution of Zamindari etc. It made clear that the final arbiter in
deciding thecompensation for any property confiscated by the State shall bethe Parliament
and the amount ofcompensation shall not be called into question by any court. The court
was thus deprived of theirjurisdiction in this sphere.
Amendment No. 7 :- the seventh amendment which was based on recommendations
made in thereport of State Reorganisation Commissions was a result ofthe constant
pressures on the Uniongovernment to recognise the state on the Linguistic basis. This
amendment abolished the oldclassification of the States and established a new classification
which divided the units into two groups,States and the Union Territories. The reorganisations
solved a question which the ConstitutionAssembly had left to the future parliaments. The
framers of the Constitution could comprehend thispressure for reorganisation and therefore
empowered the parliament to make such amendments withsimple majority, it is very
important here to note that primarily the Union was not in favour of thislinguistic
reorganisation and the J.V.P and the Dar Commission reports had disfavoured such
anattempt. However the regional pressures forced the Union Government including the Prime
Minister,Nehru, to yield, to its pressures. The amendment exhibited an important
development in the transfer ofpolitical power from the Union to the State and marked a shift
in the balance of power.
Amendment No. 16 :- The 16th amendment was made in pursuance of the
recommendations ofthe National Integration Samiti in 1963. It amended the articles
concerning the Freedom of speech andenabled the State to enact any laws to put reasonable
restrictions on the right of speech andexpression and assembly in order to protect the
sovereignty of state.
Amendment 24, 25 &26 :- As we know , so far 88 amendment have been made in the
IndianConstitution. Out of these 21 amendments were made before 1967 when the Congress
Party had aComfortable majority in the Lok Sabha. Till 1967, the latter enjoyed the plenary
power of amendmentwith much comfort and ease as the government could easily muster the
required 2/3 majority in theParliament. However things changed a lot after 1967 General
Elections when the Congress lost itsdomination position. It was defeated in some States and
was relegated to a narrow majority in LokSabha. Naturally under such a condition it became
necessary for the Congress party to take thesupport of the opposition parties in order to
make the desired amendments in the Constitution. Theopposition was not always prepared
to accept the proposals of the Government and as a result of this,Congress felt handicapped
on various occasions. This helplessness of the Congress was exhibited bythe rejection of an
amendment bill, which aimed at giving the President of India power to declareemergency in
the border area only. Similarly many governmental actions' aiming at the implementationof
some socialistic principles, (some directive principles enumerated in Part IV of the
Constitution), suchas the abolition of Privy Purses and Bank Nationalisation were declared
null and void by the SupremeCourt of India. On January 27, 1967, the Supreme Court in its
majority judgment in the Golak Nath.Vs. The State of Punjab case held that the Fundamental
Rights were outside the amending processand therefore, the Parliament had no right to
amend part III of the Indian Constitution which is an unamendable part.
This judgment of the Supreme Court in the Golak Nath case deprived the parliament
of its rightto amend the Constitution and more particularly the part dealing with the
Fundamental Rights which thecourt maintained were transcendental. Infact, according to
some critics of the Golak Nath case, theSupreme Court by its decision in the said case, cut
down the inherent power of the "people'slegislature" Another hurdle in the way of the
implementation of the Directives was the one created by aseries of judicial decisions on the
right to property which enabled the Court to declare all social welfarelegislations as ultra
vires of the Constitution. The first such case (preventing the parliament fromimplementing
social welfare measures) after the Judgment in the Golak Nath case was concerned withthe
nationalisation of fourteen banks and the other was related to the abolition of the privy
purses of theIndian princes.
In July 1969, the President of India issued an ordinance by which fourteen banks
werenationalised, (Acquisition and Transfer of Undertaking Ordinance 1961). The Act was
challenged in theSupreme Court Minoo Masani, R. C. Cooper and Balaraj Madok (ALL M.Ps,).
The Supreme Court ofIndia, in its decision, held that the Act in question was within
legislative competence of the parliamentbut was void and unconstitutional as it aimed at
restricting the Banks from carrying on business andviolated the guarantee of compensation
under Articles 31 (2) of the Indian Constitution.
Another case decided in the series was the one concerning the privy purses of the
Indian princes.The President of India passed an order under Article 366 (22) of the Indian
Constitution derecognizing the princes. The order of the President was again challenged in
the Court by five princes, the formerrulers of Gwalior, Udaipur, Nabha, Nalagarh and Kutch.
The order challenged in the Supreme Court onthe ground that it amounted to the denial of
Fundamental Rights under Articles 19 (1) and (31) of theConstitution. On December 15,
1970 Supreme Court declaredthe order of the President asunconstitutional, illegal and void
and therefore also imperative.
In view of these developments and hurdles in the way of the Government which felt
partiallyhandicapped in bringing about the socialistic changes as per directive of the
Constitution, the PrimeMinister Mrs. Indira Gandhi advised the President to dissolve the
Fourth Lok-Sabha and the first mid-term elections were held in March 1971, As a result of
this the Congress (R) captured 350 seats out of520 in Lok Sabha.
This massive victory of Mrs. Indira Gandhi's party gave a fresh lease of life to the
Parliament. Mrs.Gandhi fought the election (1971) on the issues mentioned above and
therefore very legitimatelyconsidered her victory as massive mandate of the people against
the Supreme Court's decision. Therenewal of the powers of the Parliament inspired the Prime
Minister to make fresh amendments (24th 25th and 20th) to undo the decisions of the
Supreme Court in the Golak Nath and other cases.
The 24th amendment was passed in 1971 and amended Articles, 13 and 368 of
theConstitution. This amendment once again, empowered the parliament to make changes
inFundamental Rights of the Citizens. In other words, it nullified the effect to the Golak Nath
casedecision.
The 25th amendment which passed in the same year was enacted to remove the
hurdles createdby the decisions in the Nationalization of Banks and Abolition on Privy Purses
cases. It gives theDirective precedence over Rights and amended Articles 31 dealing with the
Right to property. A newclause 31 (C) was added to gives the Directives (Articles 39 b & c)
supremacy over the FundamentalRights (Article 31).
The 26th amendment which was third in the series (to clear the hurdles created by the
Judiciaryaimed at abolishing the privy purse of the Princes).
(A) Commentary on the Amendment 24, 25 and 26
All the three amendment (24, 25 and 26) made after the midterm polls (1971) were
introducedto restore the Parliament the plenary powers to amend the constitution. These
amendments curtailedthe powers of the judiciary to a great extent in fact they were
introduced to nullify the effects of thejudicial decisions and establish the paramountcy of the
parliament. It was argued by the critics of theGolak Nath case that the Parliament was
Supreme as it was more representative than the judiciarywhich was not elected by the people
and therefore, could not claim to have any right to prevent the Parliament duly elected by the
people, from enacting any type of legislation dealing with the socialwelfare. The critics further
maintained that in a parliamentary form of government, the parliament isparamount and any
hurdle put in its way must be brushed aside. Fundamental Rights were not moresacred than
the human life. However, the amendments satisfied these critics and restored theparliament
its powers to amend any part of the constitution. But all this did not happen without
criticism. In some quarters it was argued that judiciary was a sacred institution and was
pledged to ensure the rule law. Any attempt to restrict its powers was an encroachment over
the authority of the judiciary. Moreover, it was rightly emphasized that thought people of a
country are sovereign, it is not necessarythat the representatives truly represent the masses
and can never cross the limit of authority delegatedto them by the people. Apart from this,
Parliament, howsoever, representative it may be cannot by itselfstand as a guarantee against
any infringement on therights of a minority. The latter generally looksforwardtothe judicial
arm of the state 10 protect its fundamental rights. Any Parliament unrestricted bythe judicial
powers to review its acts can easily dare abolish or suppress any type of minority rights.
Whereas the connection that the parliament ought to be supreme and, therefore, given
plenarypowers to amend the Constitution, is quite legitimate, it can be argued on the
contrary that in aconstitutional government no single arm of the State is supreme in itself.
Legislature, executives andjudiciary all are supreme in their respective spheres and it is the
people, in the ultimate analysis, whoare the real sovereign. However, the confusion arises
because of this fact that the term the people' istoo vague to convey any real meaning and at
times it becomes difficult or almost impossible tounderstand who constitute the people.In
nutshell it can be suggested that both the extremes are to beavoided and none of these two
institutions (the Parliament or the judiciary) should be consideredparamount. While
Parliament should be allowed to have its way as for are as constitutional changes
areconcerned, it shouldbe left to the Supreme Court to review them in view of their
constitutionality. Thejudiciary should also remain committed to the constitution only and
should not bring its own political andsocial philosophies in the review of the particular
amendments. However, the procedure adopted inBelgium avoids these problems by requiring
a General Election between the introduction and passageof an amendment bill. This
procedure ensures the concurrence or mandate of the people, who in ademocratic
government and are ought to be real sovereign. It would perhaps have been in the fitness
ofthings if we could also adopt some such procedure at least in those cases where extra
ordinarycontroversy prevails about the competence of the Parliament.
Besides these points of criticism leveled against the above mentioned amendments,
somescholars have also maintained that the amendments went a long way in curtailing the
powers of thejudiciary and gave more powers to the Parliament than had become necessary
by the judgment in thepost and 1967 period. However, the controversy became acute the
Supreme Court decided the famousKeshavananda Bharati case in 1973. The court held that
although the Parliament was competent toamend Part Ill, yet it could not change the basic
structure of the Constitution. This was, however, againnullified by the 42nd Amendment Act
1976.
(B) The 42nd Amendment (1976)
The 44th Constitution Amendment Bill introduced by the them Union law Minister Mr.
H.R.Gokhalein the Lok Sabha, on September 1, 1976 which later became the 42nd
ConstitutionalAmendment Act, brought among others, the following major changes.
(i) It introduced the words, Secular and Socialist in the Preamble to the
Constitution.
(ii) It transferred many subjects from the State list to the Union and Concurrent
Lists. Someitems were also-shifted to the State list from the Union List. Clause 57
of this Act shiftedthe item of forest, protection of wild animals and birds,
population-control; weights andmeasures etc. from list II to III i.e. from State List
to Concurrent List.
(iii) Clause 48 to 53 of the Act made some changes in: the emergency provisions of
theConstitution.
(iv) This amendment also raised the terms of the Lok Sabha from five year to six year.
(v) Part IV-a dealing with 10-point code of Fundamental Duties, was added impart IV
of theconstitution.
(vi) This Act made many changes in the High Court and the Supreme Court and in
fact manypowers of the High Court were transferred to the Supreme Court. The
Act also addedpart XIV-A to part XIV of the constitutionwhich dealt with the
establishment ofadministrative tribunals for the speedy adjudication ofcertain
kind of disputes,concerning broadly the public servants.
(vii) All Directives got precedence over the rights (Articles 14, 19, & 31). However
theSupreme Court in a judgment delivered in the last week of July, 1980, struck
downthose clauses of the 42nd Amendment Act which gave precedence to the
directivePrinciples over fundamental Rights. Now only Articles 39 (b) & (c) can get
precedenceover Articles 14 & 19. It has also held that the Parliament cannot
amend the basicstructure of the Constitution this way, the situation prevailing
after the decision in theKeshavnanda Bharati case. 1973 has been restored by
the Supreme Court. Thus thecontroversy which began in 1961 regarding the
scope of the amending power underArticle 368 of the Constitution has once again
been opened. Now according to the latestdecision of the Court, all amendments to
the Constitution which were made before April24, 1973 (date of decision in
Keshvananda Bharti Case), by which the Ninth Schedulewas amended from time
to time, were valid. But the Amendments made on or after thisdate, by which the
Ninth Schedule was amended from time to time (by including variousActs) are
open to challenge on the ground that they or a part their of have gone beyondthe
powers of the Parliament and damage the basic structure of the Constitution.
The 42nd amendments was a subject of great controversy and was more criticized
than praisedfor the drastic changes it sought to introduce in the Indian Constitution. It was
argued that the executivearm of the State was becoming more authoritative than was
required by the circumstances and theamendment was aimed at taking away some
fundamentals of our Constitution. The, judiciary, the criticsmaintained, was being deprived
of its right to review many of the laws of the parliament and the latterwas becoming a
leviathan in the name of sovereignty of people. It is important to note that manyscholars
challenged the very competence of the Parliament to pass such drastic and
comprehensiveamendments as it had already outlived its tenure and therefore had no
mandate of the people onwhose behalf it claimed, it was acting.
The Janta government wanted to remove certain authoritarian provisions incorporated
in theConstitution by the previous regime, it also wanted to have built-in safeguards against
any future bid tosubvert the basic principles of democracy. With this end in view, the 43rd
and 44th Amendment Actswere passed during the Janta regime.
(C) The 43rd -Amendment Act (1977)
Through this amendment the changes brought in by the Forty-second Amendment in
regard tothe jurisdiction of the Supreme Court, have been nullified. Articles 32-A, and 144-A
which were insertedin the Constitution by the forty-second Amendment, have been omitted
by the Forty-third Amendment.Article 32-A had barred the Supreme Court from considering
the validity of State legislation and Article131-A had conferred exclusive jurisdiction on the
Supreme Court to determine the constitutionality ofCentral laws Further under Articles 144-
A a special two-third majority of a minimum of seven judges ofthe Supreme Court was
required to invalidate the Central law. With the deletion of these provisions, theposition is as
it was before the Forty-Second Amendment, the Supreme Court can examine
theConstitutionality of not merely Central laws but State laws as well, Besides the

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2. Explain 42 Amendment of India.
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invalidation can even beby a simple majority.
(D) The 44th Amendment Act (1978)
The main features of this amendment are:
The right to property has ceased to be a Fundamental Right and has become only a
legal right.For this the amendment provides for the deletion of a sub-heading, Right to
property Article 31 andArticle 19 (F) (Freedom to acquire, hold and dispose of property). The
right to property as legal right willbe guaranteed by Article 300-A which has been inserted by
this amendment. It provides, as before, thatno person will be deprived of this property except
in accordance with law. Thus the right to property willremain as before but as a legal right
and not as a Fundamental Rights. However, Article 31-A, 31-B and31-C will remain in the
chapter of fundamental Rights. Moreover clause 1 to Article 31 has beeninserted to ensure
the right of minorities to establish and administer educational institutions of theirchoice. All
the directive Principles will have precedence over Fundamentals Rights (Articles 14, 19, 31)as
before; (This has been struck down by the Supreme Court). One more Directive Principle has
beenin Article 38 which says, "The State shall, in particular strive to minimize the
inequalities in status,facilities and opportunities, notonly amongst individuals but also
amongst groups of people residing indifferent areas or engaged in different vocations.
Secondly, radical changes have been made in provisions relating to declaration of
emergency,Article 352 has been amended and in place of words "internal disturbance" the
words "armed rebellion"are substituted, internal disturbance not amounting to an armed
rebellion would not be a sufficientground for proclaiming emergency. Another safeguard
against misuse of emergency powers providedby this amendment is that emergency can be
proclaimed only on the written advice tendered to thepresident by the Cabinet. The President
can ask for reconsideration but must accept the reconsideredadvice. The proclamation of
emergency must be approved by both houses of Parliament by majority ofthe total
membership and 2/3 majority of the present and voting within one month (previously
thedeclaration of emergency could be approved by simple majority and within two months)
Any suchproclamation would be in force only for a period of six month and can be continued
only if furtherresolutions are passed by the same majority. The proclamation would cease to
operate if a resolutiondisapproving the continuance of the proclamation is passed by Lok
Sabha. Ten percent or more of themembers of Lok Sabha can requisition a special meeting
for considering a resolution for disapprovingthe proclamation.
One more safeguard provided against emergency provisions by this amendment is that
thepower of suspending the right to move the court for the enforcement or Fundamental
Rights inemergency cannot be exercised in respect of the Rights to life and liberty. For this
Article 359 has beenamended to ensure that the enforcement of Article 21would not be
suspended under anycircumstances. The Right to Liberty is further strengthened, by the
provision that a law for preventivedetention cannot authorise in case detention for a longer
period than two months (previously threemonths) unless an Advisory Board has reported
that there is sufficient cause for such detention.
The provision with regard to the breakdown of the constitutional machinery in the
State has alsobeen amended so as to provide that a proclamation issued Articles 356 would
be in force only for aperiod of 6 months in the first instance and that it cannot exceed one
year ordinarily. However, if aproclamation of emergency is in operation and the Election
Commission certifies that it is difficult tohold elections in the State the proclamation can be
extended beyond one year subject to the existingmaximum limit of three years.
'
Besides all these safeguards it has been provided that the proclamation of emergency
underArticles 352, 256, 360 can be challenged in the courts on ground of malafide intentions
of thegovernment. (By 38th constitution amendment it was provided that the proclamation of
emergencycannot be challenged in any court.) The ordinances issued by the president
Government and theAdministrators of Union Territories can also be challenged.
The amendment further provides that the right to publication of the proceedings of
Parliamentcannot be suspended during an emergency. Article 361 (A) has been inserted to
give constitutionalprotection to the publication of the proceedings of Parliament as well as
the state legislatures.
The amendment restores the powers of the High Court. Before 42nd amendment High
Courtunder Article 226 could issue writs for the enforcement of the Rights conferred by Part
III and for anyother purpose. But 42nd amendment had deleted the words "For any other
purpose", and thus limitedthe power of High Courts issue writs. But by the present
Amendment Again this power has beengranted to the High Courts.
The amendment brings some other change also. The duration of Lok Sabha and
Statelegislative assemblies has been reduced from 6 to 5 years.
To amendment provides that the doubts and disputes arising out of in connection with
theelection of a President or Vice President would be settled by the Supreme Courts as
originally providedby Article 71th 39th amendment had substituted the article by a new
article leaving it to the parliamentto determine the authority of body which may enquire into
such doubts and disputes. In the same waythe election of Prime Minister and speaker can
also be challenged in a court in the same as of anyother member of parliament under article
329.
The amendment also provides that the quorum to constitute a meeting of either House
of Parliament or State Legislature shall be one tenth of total number of members of the
House,it hasdeleted the provisions of 42nd amendment that the quorum will be decided by
the House.
By 42nd amendment it was provided under Article 74 that the President must accept
the adviceof the Council of Ministers, By the 44th amendment it has been provided-in,Article
74 that the Presidentcan ask for reconsideration of such an advice but he will have to act
according to the advice after suchreconsideration.
The 42nd amendment it was provided under Article 74 that the President must accept
theadvice of the Council of Ministers. By the 44th amendment it has been provided in Article
74 that thePresident can ask for reconsideration of such an advice but he will have to act
according to the adviceafter such reconsideration.
The 42nd amendment had provided that the President appoint any distinguished
jurists as judgeof the High Court, but by the 44th amendment this been deleted.
(E) 52nd Amendment Act (1985)
It makes provision to curb the evil game of defections in Indian politics. It provides
that aMember of Parliament under Article 102 (2) can be disqualified on the ground of
defection. Thisprovision also applies to the member of state legislatures under article 191 (2).
The constitution definedthe term 'defection' in the 10th schedule which has been added by
this amendment. Under theprovision of Tenth Schedule a Member of Parliament or State
legislature shall be disqualified for begin amember of the House if:
(i) A member elected on a party ticket voluntarily resigns his membership of that
politicalparty or votes against the party by violating the party whip or abstains
from votingwithout obtaining the prior permission of such a party unless his
action regarding votingagainst and abstaining by violating the party whip is
condoned by the party concernedwithin fifteen days.
(ii) An independent member after his election joins political party.
(iii) A nominated member joins any political party after the expiry of six months from
the datehe took oath as member of the House.
The above mentioned provisions however do not apply in case of party splits an party
merger.The split will be considered valid if the new faction consists of not less than one third
of the members oforiginal party in the legislature. A merger shall be deemed to have taken
place if two or more politicalparties decide to merger by a two thirds majority of the total
strength of the party in the legislature.
Any dispute regarding disqualification of members of Parliament/state legislature due
todefection will be decided by speaker in case of Lok Sabha. Legislative Assembly and
Chairman in caseof Rajya Sabha and Legislative Council. The Courts will have no
Jurisdiction in this matter. However theSupreme Court on Nov. 12, 1991 struck down this
clause. Now the Courts can review the action ofSpeaker in this matter.
(F) 61 Amendment Act (1989) :- This amendment lowered the voting age from 21 years to
18years by amending article 326.
(G) 73rd Amendment Act (1992):- On December, 23, 1992. Parliament unanimously
passed theConstitution (72nd Amendment) Bill, also called the Panchayati Raj Bill. It
provides for:
(i) Constitution of Gram Sabhas in Villages;
(ii) Constitution of three-tier Panchayats at the Village and other levels;
(iii) Direct elections to all seats in Panchayats;
(iv) Reservation of seats for Schedule Castes and Scheduled Tribes;
(v) Reservation of one-third of the total seats at every level of the Panchayati Raj
Institutions forwomen;
(vi) Fixing of tenure of five years for Panchayats; and
(vii) Givingrepresentation to the Members of Parliament, MLA's and MLC's at
theintermediate and district level Panchayati Raj Institutions with full voting
rights.
(H) 74th AmendmentAct :- It was also passed unanimously by the Parliament on Dec.
23,1992.It is also called the Nagarpalika Bill. It provides for:
(i) Constitutions of three types of municipalities;
(ii) Reservation of seats in every municipality for Scheduled Castes, Scheduled
Tribes,women and backward classes;
(iii) Devolution of powers and responsibilities upon the municipalities with respects
topreparation of plan for economic development, levy of taxes and duties, and
review ofthe finances of the municipalities and
(iv) Conducting of electing to the local bodies by an independent State Election
Commission.
The constitution 79th Amendment Act (1999) : By this Act the government has
extended thereservation of seats for the SCs and STs as well as for the Anglo-Indians in the
Lok Sabha and in thelegislative assemblies of the states for another 10 years i.e. till 2010.
The Constitution 83rd Amendment Act, 2000: The Act amended the Constitution to
provide thatno reservation in Panchayats need be made in favour of the SCs in Arunachal
Pradesh wholly inhabitedby tribal population.
(I) 86th Amendment Act (2002)
This Act guarantees right to free and compulsory education to children between 6 to 14
years ofage in Chapter-III dealing with fundamental Rights. It adds Article 21-A which makes
provision for thisright which will be done according to law. A new provision has also been made
in Article 45 (DirectivePrinciples) according to which the state will try to look after and provide
opportunities for educationbefore attaining the age of 6 years. Thirdly a new provision in
Article 51-A (Fundamental Duties) hasalso been added which says that it will be the duty of
parents/guardians to make available free andcompulsory education for children between 6 to
14 years of age.
Further constitutional amendments are under consideration of Parliament. The most
notableamendment which is currently a matter of national debate is the women Reservation
Bill seeking to give33% reservation to women in parliament and state legislatures. This bill,
however has failed to achieveagreement among political parties and the successive
governments including the present Vajpayeegovernment, have failed in getting it through
Parliament. In July, 1998, the introduction of the bill wasagaindeffered because of opposition
from few groups such as S P and R J D seeking to get furtherreservation for Muslim and OBC
women.
6.6 Summary
Every Constitution needs a method of amendment to cope up with the changing needs
ofsociety. It enables the country to develop peace fully. The various methods of constitutional
changeinclude not only the formal procedure for amendment but also other extra
constitutional methods suchas constitutional customs usages and the judicial interpretation
of Constitution. Article 368 ofConstitution deals with the formal amending procedure. There
are three ways amending the variousprovisions of Constitution. Firstly, there are various
provisions which can be changed by simple majorityof Parliament. But these changes are not
considered as amendment and so not fall under Article 386.Article 386 prescribes two third
method of amending. Our federal provisions need two-third majority ofeach house present
and voting and ratifications by atleast half of the state legislatures.Second, the restof the
provisions of the Constitution can be amended by two-thirdmajority of each house and
votingthus the amending procedure strikes a balance between rigidity and flexibility by
providing three waysof amending. Till now 86 amendments have been enacted since the
implementation of Constitution.Some of the amendments are very important and they have
brought about the need of socio-economicchanges such as abolition of zamindari, the ceiling
on land, abolition of privy purses of former princelystates, nationalisation of bank and heavy
industries, special facilities for weaker sections, extension ofreservation of seats for SCs and
STs in parliament and state legislatures. Lowering to voting age from21 to 18 years and
giving constitutional status to Panchayati Raj Institutions.
91st Amendment (2003)
This article provides that the total number of ministers including the Prime Minister in
theCouncil of Ministers shall not exceed fifteen percent of the total number of members of the
House of thePeople.
92nd Amendment (2003)
Provides for the inclusion of four new languages i.e. Bodo. Dogri, Maithile and
Santhali in theEighth Schedule of the Constitution,
By 2007 there are 284 amendments in Ninth Schedule.
Right to Information (2005)
In 2005 December, a path breaking came to force in India, Placing India among the 55
nationswho have such legislation. The Act approved by the Parliament and given
presidential assent makes government information more freely available to people. The aim
oftheAct is to bring concerns of the ordinary citizen to the centre of all process of governance
by bringing about transparency andaccountability in the working of public bodies.
The act makes it mandatory for the government to provide information sought within
30 days of the application. They are required to respond to quarries in as little as 48 hours if
it us a matter of life and liberty of the applicant.
The information world he, thus, available to all citizens but there a few exceptions in
which caseinformation cannot be divulged inthe interest ofthe national interest. Fewsubjects
pertaining to security, sovereignty and of the nation cannot bemade available to citizen.
More especially, if information affects the strategic, scientificor economic interests
ofthenationthen the information.
6.7 References
1. K.C Wheare "Modern Constitution' (London Oxford University Press, 1966) p. 137.
2. See K.C. Wheare "Modern Constitution' Chapter 6, 7 & 8.
3. However a full-fledged debate on article 368, did not take place in the constituent
Assembly and the provisions of this article were passed almost hurriedly by the
members of the Assembly.
4. Granville Austin, 'The Indian Constitution Cornerstone of a Nation', Bombay.
Oxford University Press (1973) pp. 262-63.
5. K.C. Wheare 'Modern Constitution' Chapter 8,7 & 8.
6. See Granville Austin. The Indian Constitution, Cornerstone of a Nation' p. 225.
7. Ibid p. 225
8. K.C.Wheare 'Modern Constitution' p. 98.
9. Article 368 was amended by the 42nd Amendment Act, 1976 Section 55 of this
amendment clause (4) after clause (3) of this article. This new clause (4) reads as
follows: (4) No amendment of this constitution (including the provision of part (III)
made or purporting to have been made under this article whether before or after
the commencement of section 55 of the constitution (42nd)) Amendment Act (1976)
shall be called in question in any court except upon the ground that it has made in
accordance with the procedure laid down by this Article.
10. The Acts given are not exhausive and in fact some other articles can also be added
to them.
11. The classification of amendments is arbitrary and has been devised for the sake of
convenience only.
12. J.V.P. Committee consisted of the three important personalities of the time, Pt.
Jawaharlal Nehru, the Prime. Minister of India, Sardar Vallabhai Patel, Deputy
Prime Minister. Dr. B. Pattabbi Sitaramayya of the Congress President.
13. The Dar Commission was set up under the Chairmanship Justice Dar of the
Allahabad High Court, to look into the case of reorganisation linguistic basis.
14. Amendment 22 and 23 were however passed in 1969. It became possible only
because the opposition gave its support 10 these amendment which not of any
controversial nature.
15. The tenure of Lok Sabha has again been reduced to 5 years.
1. Palkivala, N.A., Our Constitution Defaced andDefiled, Macmillan, Delhi, 1974.
2. A.G. Noorani, Constitutional Function in India,OUP, New Delhi, 2004.
6.9 Model Questions
1. Describe the importance of Constitutional change.
2. Discuss the socio-economic changes brought about by various amendments.
******
Lesson-7
DYNAMICS OF INDIAN FEDERALISM-1
Structure
7.0 Objectives
7.1 Introduction
7.2 Meaning and Definition of Federalism
7.3 Federal Features of the Indian Constitution
7.4 Unitary Features of the Indian Constitution
7.5 Division of Powers in the Indian Constitution
7.5.1 Legislative Relations
7.5.2 Administrative Relations
7.5.3 Financial Relations
7.6 Working of the Indian Federal System
7.7 Report of the Sarkaria Commission: Strong Centre Framework
7.8 Centre State Relations—Recent Trends
7.9 Tension Areas
7.10 Summary .
7.11 References
7.13 Model Questions
7.0 Objectives
This lesson deals with the nature and working of Federal System in India, After
reading thislesson you should be able to:
• know the nature of Federal System in India;
• understand the working of Centre-State relations in India and the impact of Party
System on it;
• analyse the tension-areas between centre and states, and
• discuss the recent trends and changing contours of centre-state relations.
7.1 Introduction
In the preceding lessons you have studied theideological content of the Indian
Constitution whichcan be called the soul and conscience of the Constitution.
Now we undertake to study the structure of thegovernment. IndianConstitution
provides for afederal structure. Before discussing the nature of the Indian Federalism we
must know the concept of'Federalism'
7.2 Meaning & Definition of Federalism
The task of defining the federal arrangement is notas easy as it appears to be.
Scholars havealways taken different views about the definition of the 'true federation'. K.C.
Wheare's definition offederalism comprises the following points, 1 There must be a division of
powers between one generaland several regional governments, each of which in its own
sphere is to coordinate with other, eachgovernment must act directly on the people, each
must be limited to its own sphere of action, and eachmust, within that sphere, be
independent of the others.
This definition implies watertight divisions between the two governments and makes it
impossiblefor the two to work in cooperation with each other because that" will definitely
undermine the meaning ofthe words "limited to their own spheres'. This type of definition
which makes us believe in some sort ofa 'dual federalism' has long been rejected even by the
Americans'. The contemporary definition offederalism also takesinto consideration the
cooperative aspect of the federal government and thereforeshortens the old definition. In
Birsh's words "a federal system of governmentis in which, there is adivision of powers
between one general and several regional authorities each of which in its ownsphere is to
coordinate with the others, and each of which acts directly on the people through its
ownadministrative agencies".
However, one can go deep and assign different definitions to the concept of federalism.
But almostall the scholars agree on one basic determinant of federalism and that is 'division
of powers' between thegeneral and the regional governments, and constitutional autonomy of
the both. This means that thejurisdictional sphere of both the governments must be defined
property. A government where this basicdivision of powers is absent cannot be called federal.
At the most it could be a unitary governmentwith decentralization of powers.
Decentralisation is necessary to the working of a federal system, but theformer should not be
confused with the later. The centralisation thus, does not necessarily make agovernment
federal. And in fact to borrow Prof. Bazar's terms, it is the non-centralisation that is
theessence of federalism. Here decentralisation means simply delegation of powers to some
units and notthe permanent division of powers. But non-centralisation implies that the units
are not enjoying powers atthe mercy of the Central government and the later cannot
recentralise the powers at its will.
However, none of these factors makes a government federal. All these features deal
with thetheoretical situation and tell us merely the nature of the Constitution. K.C. Wheare is
right in differentiatingbetween the federal government and the federal constitution. A
government is federal if it applies theprinciples of federalism in its practical field. In other
words a constitution federal in character mightestablish a government which is unitary in
nature and vice versa. This is because it is not the constitutionbut the nature of the society
or the way people handle the institution that can make a government federalor unitary in the
real sense of the term. Institutions have the nature of following their own path.
TheConstitution of ex Soviet Union was federal in nature but still the government it
established was unitary incharacter. The U.S. Constitution gives us the impression of a loose
federation where Centre's authorityis very much restricted and it is the States which enjoy
residuary powers. But if one examines theworking of the government there, one finds a
picture quite different from this. This is a result of the gapbetween theory and practice of
constitution. If the society is federal in character, nothing can prevent agovernment from
being federal. Nevertheless, it is the constitution which provides a government, thetheoretical
base stand on and makes it possible for the government to work smoothly.
The position in India is very controversial as it combines the features of a unitary as
well as federalconstitution. K.C. Wheare has termed this kind of a constitution as 'quasi-
federal' i.e. 'half federal'. Hemaintains that Indian Constitution does not limit the powers of
the governments and there is no rigiddivision of powers between the two. Resilience makes it
possible for the centre at any time to recentralize the whole structure and turn into unitary
system. This is so because watertight compartmentalization and rigidity have already been
rejected as the pre-requisites of a federal constitution and in the presentera of science, no
government can work in isolation. Cooperation has become necessary and this hadled to
cooperative federalism. Thus, to reject the federal character of a constitution simply because
itdoes not restrict the two governments to their own spheres is an out dated view of
federalism. If viewedin the light of the old definition. Indian constitution definitely does not
show the federal character. But oneshould not adopt any rigid definition or any rigid criterion
and then try to measure federalism in that light.Considering some features of the U.S.
Constitution or that of the Australian Constitution to be the realdeterminants of federalism
and then applying them to Indian situation is not just this exercise, as L.M.Singhvi puts it,
would be sterile. Federal distribution and balance of power, the existence of States,
theirlegislatures and governments, and the exercise by them, of distinct competence in
geographically definedareas within a constitutionally allotted field are basic and
unmistakable federal facts of Indian policy.
History of Indian Federalism can be traced to the Government of India Acts of 1919
and 1935, Actof 1919 introduced 'dyarchy' which was a prelude to responsible government,
the fact that the provisionsof this Act could not satisfy the aspiration of Indian leaders who
wanted to have real autonomy, led to theenactment of Act of 1935. This Act specifically
provided for 'provincial autonomy and federalism'.
In fact it was the Constitution of India Act, 1950, which made Indian Constitution
federal in the realsense. It incorporated many provisions of the 1935 Act and the later was
almost accepted in toto.
Constitution of India 1950 it declares India a 'Union of States'. The word 'Federalism'
has not beenused anywhere in the Constitution. But certain features like the distribution of
powers between the Stateand Union, presence of a Supreme Court to review the laws passed
by the government etc. seem to giveus the impression of a federal Constitution. The federal
nature of the Indian Constitution as has beensaid earlier has always been a matter of
controversy. The reason behind this is nothing but the presenceof unitary as well as federal
characteristics in the same constitution.
7.3 FEDERAL FEATURES OF THE INDIAN CONSTITUTION
Written Constitution: Federalism theoretically is a contract between two
governments. Thismakes it necessary that the terms of the contract must be explicit and
written. There should not be anyconfusion in regard to the jurisdictional spheres of the two
governments. Thus, a written constitution isinevitable in federal system of government which
can clearly define-the powers of the two governmentsin written clauses. Indian constitution,
to this extent, fulfils the federal conditions and shows a federalcharacter.
Constitutional Divisions of Power: Divisions of powers and constitutional autonomy
of the twogovernments is considered to be the essence of a federal constitution. A
constitution which does notdefine the powers of the Union and the units cannot be called
'Federal'.
There seems to be a comprehensive attempt to define the limits of the Central and
Stategovernments in the Indian Constitution. The Constitution has three lists. List 1 (Union
originally included)97 items and List II (State List) 66 items. The residuary powers and the
powers which should be exercisedby both the governments or where common action and
cooperation is desirable has been left to List III (Concurrent List). In fact it was presumed
that Central coordination in certain fields would be desirable inthe national interest and
therefore, these subjects of national and common interest were placed in theconcurrent
Jurisdiction of the two governments. Besides these three lists the residuary powers are
givento centre. This exhaustive attempt to define the Jurisdiction of the two partners
supports the federal claimof the Constitution.
Provisions for Independent Judiciary: In a federal State neither of the two
governments is Supreme.Both the partners are supreme in their respective spheres of action
and drive their authority from theconstitution itself which is the supreme law of the Land.
The division of power and allotment of differentspheres of action to the two governments
makes litigation inevitable and unavoidable, to solve theselegal problems arising out of the
various interpretations of the constitution by the two governments, theneeds of independent
judicial machinery arises. Indian Constitution provides a system of judicial reviewof the
governmental legislation by an impartial judicial body, the Supreme Court and the High
Courts,Judiciary can set aside any act passed by the government if it goes against the
provisions of theConstitution or if in its opinion the legislature has not followed the
procedure laid downby the law. Thisensures federal character of the Indian Constitution.
7.4 UNITARY FEATURES OF THE INDIAN CONSTITUTION
1. Supremacy of the Union Government: In a federation both the governments
should be independentof each other and none should be allowed to encroach upon the
autonomy of the other. If a strongCentre can make inroads into the provincial sphere of
action, then it ceases to be a contractbetween two equal partners. To-this extent Indian
Constitution does not appear to be a federal oneand it seems that distribution of powers is
nothing but a farce. In feet mere 'distribution'is not theessence but it is constitutional
guarantee of the State autonomy that makes the 'distribution of powers'the essence of
federalism, in case of Indian Constitution, thepowerful Centre with a large sphere ofaction
(97 items in List 1} can always show its supremacy over the states.
(i) The Centre can always override the legislative action of the States which have been
taken inpursuance of the powers enumerated in the Concurrent List (This does not
apply in cases where theState Law has already been given the assent of the
president.)
(ii) Parliament also gets the power to act on any of the items, in the state List in the
following cases:-
(a) If Rajya Sabha declares by a 2/3rd majority of its members present and voting
that it isnecessary or expedient in the national interest that Parliament
should make law withrespect to any matter enumerated in the states List
specified in the resolution (Art. 249).
(b) While a proclamation of Emergency is in operation. Parliament has power to
make laws forthe whole or any part of the territory of India with respect to any
of the matters enumeratedin the State List (Article 250.)
(c) Parliament has also got the power to make any law for the whole or any part
of the territoryof India for implementing any treaty agreement, convention
with any other country/countries
(d) Parliament also gets the authority to legislate on the subjects mentioned in
the State List,in case of President's rule in a particular State. Parliament can
lawfully exercise thisauthority if by a proclamation issued under clause (1) of
Art. 356, it has been declared thatthe powers of the Legislature of the State
shall be exercisable by or under the authority ofthe Parliament (Article 357)
(e) If it appears to the Legislatures of two or more States to be desirable that any
of thematters with respect to which Parliament has no power to make laws for
the State exceptas provided in articles 249 and 250 should be regulated in
such States by Parliament bylaw, and If resolution to that effect are passed by
the Houses of Legislatures of those States. It shall be lawful for Parliament to
pass on Act for regulating that matter accordingly (Article252).
(iii) Another article which gives to the Parliament supremacy over the State Legislature
is Article 3.By dint of this article the Union Government can at any time change
the boundaries of any existingState, merge it with some other State, create a new
State out of existing one or abolish a state altogether.This action of the Union
government might be even unilateral. Such a provision goes against the
federalprinciple on the mercy of the Union. As against this provisionin the Indian
Constitution one is remindedof the Language of the U.S. Constitution which
declares the U.S. an Indestructible Union ofindestructible States-Union and State
both being indestructible.
(iv) Apart from this, emergency provisions in the Constitution (Article 352, 356 and
360) make Indiavirtually a unitary state with some degree of decentralisation;
States merely act as administrative units ormunicipal boards. In the time of
emergency, Union becomes too powerful to leave any trace of federalism.This
elasticity was incorporated in the Constitution to combat the dangers of
destruction which thefounding fathers anticipated at that time. These drastic
powers of the Union, however, necessary theymay be, go against the spirit of
federalism.
2. Unequal Representation of the Statesin the Upper Chamber: - Upper house
of thelegislature generally gives equal representation to all States. This house in the U.S.
represents eachstate as one unit and does not discriminate on the basis of Population. Every
State represented by 2Senators, However, in India this house of Parliament (Rajya Sabha) is
not based on this principle and tothat extent departs from the federal practice in the U.S.A.
In India the States have been given representationin Rajya Sabha on the basis of population.
3. Single Citizenship:- Indian Constitution does not provide double citizenship.
Every Indianhas only one nationality and that is 'Indian' States in India cannot claim any
parochial loyalty from theirresidents who represent only India are the nationals of that. The
practice in the U.S. is, however, different.Every American is a citizen of his State as well as
that of America.
4. Single Constitution for the Union and the States:- Both the governments in
India derivetheir authority from the Indian Constitution. States do not have their own
constitution (J & K is an exceptionwhich has its own constitution). This also leads to
uniformity in law- Both the governments have tointerpret the same Constitution. However,
American States in-the matter are more independent as theyshow separate existence by
having their own State Constitutions.
This analysis might confuse a reader but one should take cognisance of the fact that
points (2),(3) and (4) (Unitary features) do not constitute essentially a departure from the
federal principles. Itseems that these departures are simply the departure from the federal
practice in the United States,thecritics of Indian Constitution have generally taken into
consideration two or three the socalled typicalfederal constitutions and then dismissed many
of the provisions of the Indian Constitution as contrary tofederal structure. But this does not
seem to be fair and we should not measure every federal system bythat scale. However, first
criticism seems to be sound as it makes the Constitution biased in favour of theUnion
Government.
Thus, Indian Constitution gives extra-ordinary powers to the centre and in that way
makes it aleviathan. States in the Constitution have not been treated at par with the Centre
and if one looks at theConstitution, one comes to the conclusion that States have no real
powers or autonomy in any sphere asthe Centre is too strong to leave any real powers with
the units.
Why Constitutionis biased in favour of strong Centre?
The long list of unitary features of the Indian Constitution makes it necessary to
examine thereasons and factors that might have compelled the Constitution's fathers to
include so many unitaryelements in the Indian Constitution which aimed at establishing a
federal government to understand thisone has to go back to the pre-independence era and
examine the centripetal and centrifugal forcesprevailing at the same time. The provnicialists
who wanted to have more autonomy for the provincialunits thought that it was the best
suited occasion to pressurize their demands. They wanted to haveunion but not unity which
is really a desire behind the making of every federal constitution. But the elite orthe oligarchy
in the Constituent Assembly did not want to sacrifice experience for the rigid legal principleof
federalism. The danger of communalism lack of experience in the provincial administration,
need tohave strong government to combat the forces of destruction so active in the post
independenceperiodetc., were some of the many factors which convinced the framers that a
pure and rigid federation wouldnot work in India. To avoid the risk of being destroyed by the
destructive and divisive forces, the Assemblydecided to have a federation which was not rigid
but elastic and could easily be turned into a unitarysystem as and when it was so required.
However, the various possible reasons which were responsiblefor tilting the balance of power
in favour of the centre may be summed up as below.
In the first place, it is important to remember that the Indian Constitution was not a
result of acompromise reached by some units by any convention, as had happened in the
United States of Americawhere 13 colonies decided to have a compromise and formed a
union in the incipient stage of Americanfederalism. (The convention was held at Philadelphia
in 1787). These colonies were independent entitiesbefore they joined the federation, in such a
case it was quite natural for them to leave only a few importantpowers with the union.
These powers were those which could not be successfully exercised by the different
units andfor which the latter had decided to join hands with each other. Unlike these
conditions, which were aprelude to the American federal constitution, the conditions
prevailing in India at the time of constitutionmaking were quite favourable to the Union
Government. In India the units of the federation were notindependent entities and have no
experience as Sovereign States, in fact, the federation was established bybreaking unitary
State into many units, therefore, to the extent it was a devolution Federation. However, itmay
seem wrong to argue that in India, federation was established for the first time in 1950and
thereforethe units of the federation did not have any experience in the federal government,
but it should be keptin view that the federalism which was established by the Government of
Indian Act, 1935 was not afederalism in the real sense of the term.It left practically only a few
powers with the provinces. TheGovernor of a province was Governor. The fact that the later
was responsible to the Governor Generalmade the concept of provincial autonomy a farce.
This situation in which the federal polity was createdby the present Constitution was a
strong factor which allowed the framers for more particularly thecentralists in the
Constituent Assembly to make the Centre very strong vis-a-vis the units.
Another possible reason which seems to have played a key role in making the
ConstitutionCentre oriented was the question of the prevailing circumstances. The breaking
down of law and ordermachinery, the communal riots, the unhappy consequences of the
partition of the country in 1947, thefear of the colonial powers and the chaos created by the
divisive forcesin the country made the framersfeel very strong about the unit of the country.
Even some of the provincialists in the ConstituentAssembly who wanted to give much power
to the units and intended to avoid much centralization, didnot press their view beyond
particular point and thus, the centrifugal tendencies remained submergedunder the main
national current. This removed most of the fetters from the way of the federalists and
thusmade their task much easier. These federalists who were guided by the strong feelings of
nationalismmake the Centre as strong as they could.
Apart from the reasons mentioned above, it is quite possible to argue that ideas of
modernwelfare state, the growing centralisation in other parts of the world which had
changed the working of theweak federations in many countries including the United States
and the fact that most of the subjectswhich were once considered to be of local importance
only, had attained national importance, weresome such factors which influenced the
Constitution fathers very much. The need of keeping abreastwith the latest developments
made the framers feel strong about the necessity of making the federationfeasible and hence
biased in favour of the Union.
Last of all, as Granville Austin rightly maintains, the task of making the federation
tight' was easedby the existence of a powerful political part with nationwide authority and by
the absence of strong regionor province base political parties. Had these existed, they would
have complicated the achievement of aharmoniously working federal system.
Thus in nutshell, it can be concluded that the framers of the Indian Constitution were
not guidedby any other consideration except the national interest. They sacrificed rigid
federal principles for thesake of experience and thus avoided all types of theoretical
principles which they thought come in way ofthe rapid development of the nascent Republic.
As Dr. Rajendra Prasad once said, "Personally I do not attach any importance to the level
which may be attached to it whether you callit a Federal Constitution or a Unitary
Constitution or by any other name. It makes no difference so long asthe Constitution serves
our purpose". Similarly, Dr. Ambedkar observed in the Constituent Assembly,
theConstitution avoided the "light model of federalism in which the American Constitution
was caught, andcould be both unitary as well as federal according to the requirements of
time and circumstances.'
7.5 DIVISION OF POWERS IN THE INDIAN CONSTITUTION
Division of powers is generally considered to be the most important part of a
federation. In thepresent world of cooperative federalism, the federal government has
virtually taken away many ofthe powers of the units and the traditional definitions of
identifying federalism with the 'constitutionalautonomy of the States' or
'strictcompartmentalization' no longer hold water. Similarly, many othercharacteristics of the
federation which were considered to be the very basis of federal constitution, havelost their
importance in the highly dyanamic nature of the present World Society. This had made
thecentralisation in every walk of life inevitable. However, the Division of powers is still
considered to be thevery essence of federalism and any constitution which forbids this
division of powers between the Unionand the units cannot claim to be federal, howsoever
flexible the criterion of federation may be.
The division of powers in the Indian Constitution can be studied in 3 parts: legislative,
administrativeand financial. A brief account of these divisions is given below.
7.5.1 Legislative Relations
The Indian constitution divides the legislative powers into three exhaustive lists which
have beengiven in the Seventh Schedule. The three lists are Union List (97 items) StateList
(66 items) and theConcurrent List (47 items).
The Union List :It includes the subjects which are considered to be of the national
importancesuch as Defence, Foreign affairs, United Nations, War and Peace, Citizenship,
Railway, Currency, Postsand Telegraphs, Wireless and Broadcasting, Union Public Service
Commission etc.
The 42nd Amendment to the Constitution inserted a new entry, 2-A after entry 2 in
the union list. This new entry deals with the deployment of any armed forces of the Union of
any other force subject ofthe control of the Union or any contingent of unit there of any State
in aid of the civil power.
The State List: This includes the items which were left to the States. The framers
thought thatthese were the subjects which should be looked after by the local people and the
later should haveautonomy in the control of the affairs which are local importance.
Initially, the list included many items such as Public Order, Public Administration,
Justice, Prisons, Public Health, Education, Agriculture and Forests etc. But the 42nd
Amendment Actwhichwasas comprehensive attempt to change the federal division of powers
shifted some of these subject to theConcurrent list.
It was argued by then Union Law Minister, the fate Mr. H.R. Gokhale that some of the
itemsmentioned in the State list had crossed the provincialboundaries and therefore could
nolonger be left entirely to the States. This act transferred administration of justice,
constitution andorganization of allcourts, education, weights and measures, forests,
protection of wild animals and birds, etc. from list II to listIII.
The Concurrent List:- This list includes the items on which both the governments
can legislate.It is of great significance in a federation as it provides as compromise on the
subjects where both thegovernments want to legislate. This list is assuming importance in
the present era of cooperativefederalism as it helps in cooperation between the Union and the
States. This is reason that the modernfederal Constitution has generally an exhaustive list of
concurrent subjects. The Indian Constitutionwhich has already provided a long concurrent
list, made the later more exhaustive after 42ndamendment to the Constitution. As we have
seen in the proceeding lines many more subjects have beenremoved from the State List and
added to the Concurrent list.
Residuary Powers:- Residuary powers in the Constitution have been left with the
Union (items97 in the Union List). This is contrary to provisions in the U.S. constitution
which leaves the residuarypowers with the States;it is because of this provision that some
scholars of federation have criticized theIndian constitution for having violated the federal
principle. However, it should be kept in mind that locationof residuary powers is a question
of experience and has nothing to do with the nature of a federation.
Apart from these three lists, the Union-State legislative relations are also governed by
some otherarticles which give to the Parliament, power to over-rule State legislation in
certain cases. We havealready discussed these articles in the paragraph where we have
discussed the unitary features of theIndian Constitution.

1. What do you mean by Union List?
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2. What is Concurrent List?

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7.5.2 Administrative Relations
The administrative relations have been designed in such a way as to ensure the
smooth workingof the Union and the State Governments and avoid any such act which runs
contrary to the spirit ofharmonious working. Article 256, 257,258, 262 and 263 broadly deal
with these provisions. Article 256provides that the executive power of each State should be
so exercised as to ensure compliance with the laws made by Parliament and any existing
laws which applied in the State.
Article 257 provides that the states will exercise their executive powers in such a way
as not toimpede or prejudice the exercise of the executive powers of the Union and the
Government of India mightgive to a State such directions as might appear to it necessary for
the purpose.
Article 258 provides that the President can constitute the States as the agents of the
Union withtheir consent and can entrust conditionally or unconditionally to them or to their
officers, functions inrelation to any matter to which the executive power to the Unionextends.
Article 262 empowers the president to provide the law for the adjudication of any
dispute amongStates with respect to the use, distribution and control of river waters or
valleys.
Article 263 deals with the establishment of an Inter-State Council.
7.5.3 Financial Relations
The provisions relating to the financial relations are the key to the working of a
federalgovernment. Any autonomy or power which is not accompanied by the corresponding
financial powersis of theoretical importance only.
The absence of financial autonomy leads to the virtual abnegation of the very concept
ofprovincial autonomy, the financial resources of the Centre and the State can briefly be
summarized asbelow :-
1. Tax Jurisdiction of the Union: - The Union has tax jurisdiction over the
subjects which havebeen included in the Union List. These include corporation tax, taxes on
income otherthan fromagricultural land custom duties, duties of excise on tobacco, estate
duty in respect of property otherthan agricultural land, terminal taxes on goods or
passengers carried by railway,sea or air, taxes on thesale or purchase of newspapers and any
other tax which has not been mentioned in the other two lists.
2. Tax Jurisdiction of the States: - These taxes include mainly the following
taxes:
Estate duties in respect of agricultural land, taxes on lands, buildings, taxes on
agricultural income,taxes on consumption, and sale of electricity, taxes on the entry of goods
into local area for consumption,use or sale therein, taxes on sale and purchase of goods
other than newspapers, duties in respect ofsuccession to agricultural land, duties or excise
on certain goods purchased or manufactured in theStates, land revenue, taxes on vehicles,
taxes on entertainment etc.
3. Taxes Levied by the Union but Collected and Wholly appropriated by the
State: Thisinclude stamp duties and excise duties on medicine and toilet preparations.
4. Taxes Levied and Controlled by the Union but Assigned to the States: - It
includes taxeson railway freights, taxes on the sale and purchase of newspapers and
advertisements published therein.terminal taxes on goods and passengers carried by
railways, sea or air, estate duty in respect of propertyother than agricultural land, duties in
respect of succession to property other than agriculture etc.
5. Taxes Levied and Collected by the Union but Necessarily Shared Between
the CentreandStates: - It includes taxes on income other than agricultural income.
6. Taxes Which are Levied and Collected by the-Union but May be Shared
Between theUnion and the States by Union Legislature:- It includes excise duties other
than those are medicinaland toilet preparations mentioned in the Union list and collected by
the Government of India.
7.6 Working of the Indian Federal System
Now after having studied the text of the Constitution, let us took at from different
angle and seewhether it gives us the same impression when we examine its working in the
post-independent era. Ashas already been mentioned, practice of a constitution does not
always follow its letter. The general tendency in other federations has been shift of power in
opposite direction. In countries where theconstitution gave extensive powers to the States
and Centre was to perform only a restricted number ofduties, the tilt in the balance of power
has been in favour of the Centre. The U.S. Government is a fineexample of this trend. On the
other hand in Canada where constitution made the Centre very strong andthe States were
not given many powers, the practice of the Constitution had made the States relativelymore
powerful. Similar has been the case the Indian Constitution also. Here we started with a
strongcentre but the realities of post-50 period negated the impression that States cannot
exert anypressure on the Central government which is too powerful. No doubt the dominance
of one party, workingof Planning Commission etcetera have helped in running the
Constitution on unitary lines, but this is onlyone side of the picture; Role of Congress
dominance and the working of the Planning Commission havebeen exaggerated to an extent
where the conclusions do not go with reality.
Infact, States have exercised considerable pressure on the Union government in the
postindependence period and the domineering leadership of Pandit J. L. Nehru in the early
50's camouflagedthis phenomenon. Marcus F. Franda's study shows that it has not always
been possible for the Congressgovernment at the Centre to enforce its views even on the
States where Congress formed the government.
The mere fact that the same party has been ruling at the Centre and in the States
does not meanthat the centre has always succeeded in compelling the States to carry out its
policies. The fact thatmany Congress Chief Ministers have been reluctant in accepting or
implementing Central directive makesthis line ofargument all the more powerful. No Chief
Minister in a State ; especially if he was a strongleader like Kamraj in Madras or Chavan in
Maharashtra or B.C. Roy in West Bengal, or C.B. Gupta in UttarPradesh, or Kairon in Punjab
was prepared to merely act as a tool in the hands of the Congress HighCommand. Chief
Ministers of commanding personalities were able to have their own way.
In case of the implementation of certain land reform laws in West Bengal even a
person like Nehru,who was considered to be a man of strength, and power and otherwise also
was a close friend of theChief Minister (B.C. Roy), could not make the state Government
accept and implement those laws.Nehru's multi-point proposal, a modelled essentially on the
recommendation of the Planning Commission'sFirst Five-year plan was ultimately
unacceptable even to Chief Minister Roy and it was rejected by theState Government shortly
after it has been received in Nehru's personalLetter. In fact, Nehru proposalswere described
as impracticable. Thus, because of the success of the State Government in resistingattempts
at persuation on the part of the Central personnel; the State Government was allowed to
pursueits own conception of its own interests in regard to land legislation.
Similarly, the field of power generation in the Damodar Valley provides an instance in
which theState Governments were able to pursue their own plans, based on their own
assessment of their ownneeds almost at will.It is interesting to note that even State Congress
party in this case acted againstthe Central will and thus, gave prime importance to the will of
the politicised populace and in case whereCentral Government leadership did try to persuade
the State Government through the use of Centrepowers for example, when Central funds
were withheld from other West Bengal projects, pendingconformance, by the State pervious
agreements with the Damodar Valley Corporation (the D.V.C.) theState Congress party was
effectively able to rally the populace in its own defence.
Importance to note is that even in cases when the Central directions were accepted in
principlethe acceptance amounted to very little in practice as the State Governments were
slow or even unwillingto implement the legislation in accordance with Central policies.
Language problem and linguistic re-organisation of State provide another instance
where Stateshave successfully asserted their personality and Centre had to yield to the
popular pressures anddemands. In fact, Central leadership, in many cases, had to bow and
change its decisions as a result ofStates pressure. For instance in case of Bihar and West
Bengal boundary dispute, the mere rumourthat the Centre had arrived Government and
party leaders quickly backed down.
The demand for the linguistic reorganisation of States, raised in the early 50's also led
to thevictory of the regional forces. This in feet resulted in the increased bargaining power of
the linguistically nearhomogenous states. Andhra was created in 1953 because the Andhra
provincial congress, the Tamil NaduCongress and the Madras Government had agreed to it.
Bombay and Punjab were bifurcated in 1960and 1966 respectively. Demands for the creation
of New States and giving statehood to certain existingUnion Territories resulted in the
creation of Nagaland, Meghalaya, Himachal Pradesh, Tripura and Manipuretc. However,
important to note is that all this happened inspite of the warning of J.V.P. Committeewhich
had advised against the reorganisation of the States on the basis of language. The J.V.P.
reportmaintained it (reorganisation on linguistic basis) would unmistakably retard the
process of consolidationof our gains..,...let lose .... forces of disruption and disintegration.
The inability of the Central leadership to resist the demands of re-organisation of
States explicitlymade it clear that they did not have much command over the States
leadership and could no longer actas tall bosses.
Similarly, failure of Centre to make Hindi a compulsory subject of study in some Non-
Hindi Statesalso accounted for the weak position of the Centre. In fact even some States with
Congress party inpower successfully resented the Central move in this matter and thus
resisted any land of imposition ofHindi Language or Hindi imperialism as they calledit.
This shows that Centre could not have it say even in matter where it had the
Constitutional authorityto act, unilaterally (e.g. States reorganisation etc.) and could do
nothing but to yield to States pressureswhether exerted by Congress or Non-Congress
Governments.
Share of the States in the divisible pool is another sphere where States have exerted
pressure onthe Centre. State governments have always maintained that their economic
resources are limited and atthe same time inelastic too. They have many functions to perform
but powers without adequate financialresources do not mean anything. Central controls the
real economic resources which States do nothave. Power must have some relation to
economic resources.State further maintains that they cannot goon taking agriculture, which
is very poor in India and has already been taxed heavily. On the other handCentre has many
tax-resources which are sufficiently elastic and can provide better economic funds.For
instance, Income Tax and Excise Duty are elastic sources of income. On the basis of this
argumentmost of the States have stressed the needfor greater share in the taxes which are
collected by theCentre, but are to be shared with the States.
States naturally do not want to depend on conditional grants as it generally restricts
their autonomy.The only alternative which they think, is open to them is their demand of a
greater share in the devisablepool, It was a result of States lobbying and demands that
Finance Commissions had to yield to theirpressures and give decision in favour of their
demands of greater share in the taxes.
Thus, States share in Income Tax revenue was raised from 50% to 55% in 1952 (First
FinanceCommission) from 55% to 60% in 1956 (Second Finance Commission), 60% to 66%
in 1960 (ThirdFinance Commission and to 75% in 1964 (Fourth Finance Commission). "The
Seventh FinanceCommission further increased the State's share to 85% in the Divisible pool.
Similarly, in case of Excise duties, the number of items on which excise was to be
shared withStates, rose from merely 3 in 1952 to 8 in 1956 and 35 in 1960. Finally in 1964,
all the items were includedin the list (excepting regulatory duties, special excise duties,
ceases earmarkedfor special purposes)On the recommendation of 10th Finance Commission
the Government passed the ConstitutionalAmendment on May 2000 that 29% of the Income
of all the Central Taxes will be given to states.
This experience of ours shows that States in India have successfully exerted pressure
on theUnion which was considered to be vested with extra-ordinary power vis-a-vis the
States.
'This has been possible inspite of the fact that the Congress party ruled at Central and
State Levelstill 1967 General Elections.
At the first sight it might look strange how wasit possible for the State to exert
pressure when theCongress controlled many of the States and the Union Government. But if
one looks at reality manyfactors were working behind it and the dominance of the Congress
only camouflaged them and that toofor a short period.
One important fact to be noted in this connection is the loosening authority of the
Centralleadership of the Congress party in the sixties. It is wrong to assume that the
Congress High Commandhad intact become a shaky colossus whose writ in State Capitals
was in inverse ratio to the coherenceand stability of the State party units observed K.K.
Bombwali in 1967.
In fact Congress High Command showed a tendency to compromise with regional
forces and toavoid pushing an issue to a show down.
In 1960 the Madhya Pradesh Government ignored the A.I.C.’s objections to certain
clauses inthe state's land Revenue Code. This clearly showed the limitations of the Congress
High Command.As Prof. Bombwali observes, "It was the danger of local satraps of the party
dictating to the centre thatled the A.I.C.C. General Secretary (K.K. Shah) to urge a change in
the party constitution so that "whilepreserving the autonomy of the States, the Centre should
not be entirely dependent on them."
In fact even Congress Parliamentary Board recongnised its inability to intervene
decisively in StateCongress affairs particularly in late sixties and gave State legislative parties
an officially free hand inselecting a leader. Thus, the pattern to which the Board had
reluctantly acquiesced in 1962 for Stateswith a strong or undisputed leadership became the
pattern for all States in the increasing federalized partyof1967.
Growth of regionalism in India is postindependence phenomenon and accounts for the
weakeningauthority of the Centre. Emergence of parties like the Dravid Munnetra Karhagam
(DMK), the BhartiyaKranti Dal (BKD), and the various Senas such as Shiv Sena, Gopal Sena,
Lohit Sena, Subhash Senaand All Sena etc. hindered the growth of Central Power. The
regional parties in India, asFickett observesare no longer simply annoyances to a Congress
party. They continue to pay significant roles at the State level in the Indian Political system.
These parties which drew their strength from parochial loyalties ofthe people became more
prominent after 1967 General Elections when Congress lost its hold in manystates and had
to compromise with these, parties to form Coalition Governments in some other States.This
victory of regional based parties naturally loosened thecentralization of political authority
andexerted much pressure on the Congress Government at the Centre.
The proposition, therefore, that when the same party rules at the Centre and in the
States.Federalism disappears and a unitary system comes into cooperation is only true to a
limited extend.This obviously is always true.
The victory of the Congress (led by Mrs. Indira Gandhi) in the elections of 1971 &
1972, however, checked the process of federalization that had become so obvious andclear in
the late sixties. Thecentrifugal trends which were manifested in the Fourth General Elections
in the victory of variousregional parties were greatly contained by the results of Fifth General
Elections. The Prime Minister notonly checked the process of loosening of Central authority
over the States, she rather reversed it byre-centralising the authority at the central level. This
time the centralization was not so much at the levelof the Central party organs as it was at
individual level. The Prime Minister herself wielded lot of power.Even the choice of the State
Legislative Party was not elected by the State legislators but was selectedand sent by the
Prime Minister from among the States legislators or invariably from Centre. This led tothe
increased dependence of the State Chief Ministers on the Prime Minister for their political
survival inthe States and consequently added to the centralization of power at Prime
Minister's level. One of thereasons for this was that many of these States leaders had no base
of their own and therefore workedunder the shadow and with the blessing of the Prime
Minister in whose name and on whose behalf theygot elected to the Union or State
Legislatures.
While discussing on the impact of party system on the working of the federation in
India, It wouldbe in the fitness of things if we could also look at the developments which have
took place in the partypolitics of India after the Lok Sabha and Vidhan Sabha polls held in
March and June 1977, respectively.The clean sweep by the Janta in almost whole of the
Northern Indiain the Lok Sabha polls and its victoryinthe 9 state assemblies which went to
polls in mid-June 1977, had marked a vital change in the IndianPolitical System. It is
important to note that the Janta Party which was the successor of the Congress atthe centre
was probably more heterogeneous in its structure than the Congress Party. The Party camein
existence as a result or the merger of four main political parties which, by and large, had
differentpolitical ideologies before they formally decided to lose their independent identities.
The different groupsin the Janta Party had different political ideologies and could not follow
any one line of action rigorously;they could not be expected to forget their old affiliations
overnight. This naturally made the partynon-centralised and avoided any regimentation.
During the Janta rule theclamor for more autonomy (financial autonomy in particular)
wasvoiced in many states, of which West Bengal, Punjab and Jammu & Kashmir are worth
mentioninghere. The Government of West Bengal submitted a full-fledged memorandum to
the Seventh FinanceCommission explaining therein the various grievances and demands
about the re-allocation of financialresources between the Union and the States. The Janta
Government denied any possibility of significantchange in the direction. The clamor for more
financial and administrative autonomy was in fact theresult of the policy of the Janta Party,
which, in its 1977 manifesto, had promised decentralisation ofpowers. In other words, the
developments in the Indian party system after March-June 1977 electionopened new
dimensions in the Union-State relations in India. But the Janta Government could not
workfor long due to the ideological differences between its various units. There was a split in
the party andmid-term poll to the Lok Sabha in 1980 ousted the Janta Party completely and
Congress (I) came backwith thumping majority.
With the end of Janta era and the return of Congress (I) in January 1980, new trends
developed inUnion-State relations. The Congress came out with same majority as it had
achieved in 1971. The firstact of the Congress Government was that of the dissolution of nine
States Assemblies (under article356} with non-Congress Governments reflected the
Centralising tendencies. It is alleged that theCongess-I government at the central level
wanted rubber stamp assemblies, the Janta Government hadalso dissolved the State
assemblies in 1977, on a similar ground. It is criticized that dissolution of state assemblies
had become device for the ruling party at the Centre to strengthen its hold over the States
orin other words, a device for replacing federal structure by a unitary structure.
The result of assembly elections further strengthened the dominance of Congress (I).
In eight outof nine States which went to polls, Congress (I) Governments were installed. Only
in Tamilnadu, AIADMKremained the ruling party. Besides this in some states such as
Haryana and Himachal PradeshCongress (I) Governments were established through the game
of defection. But inspired of re-emergence of Congress (I), dominance of certain regional
trends were witnessed. The emergence of Telgu Desam inAndhra and the formation of Janta
Dal coalition ministry in Karnataka. The autonomy demand by Akali Dalin Punjab marked
the weakening hold of Congress (I) in states. The appointment of Sarkaria Commissionto
review the Center-state relations by central government showed the concern of Centre
towards thegrowing regionalism.
Once again the 1984 parliamentary poll gave a massive mandate to Congress (1) under
theleadership of Rajiv Gandhi and tilted the balance of power towards the Centre but the
1965 assemblyelections witnessed the pull of the regional forces. In Karnataka, Andhra
andSikkim the regional partiessecured thumping majority while in some states like
Maharashtra the Congress(I)'s image was seriouslyhurt.
In a vast country like India, it is natural that in the evolution of its political structure,
the federalcharacter of the Constitution and the Centre-State relation should keep on
changing. The process beganafter the fourth General Election held in 1967 when leftists
governments of West Bengal and Kerala andUnited Front governments came into power in a
number of States. Again after the 1977 elections, whenJanta Party gained the power, this
trend gained a new momentum. Though the Non-Congress (l) Partieswere not able to evolve a
consensus on the question of more autonomy for the states but this had beenone of the hotty
discussed issue in recent years. As discussed on the preceding pages of this lesson,
anassertion of regional interests has always been evident in Indian politics. This assertion,
however, wasnot always very distinct and apparent. The reason being that Indian Society is
multi-ethnic, multi-religiousand multilingual. Wehave seen how the regional identities were
maintained and manifested through thevarious State party units even when the Congress
ruled at the Centre and inmost of the States. Duringthe last two decades there has indeed
some sort of a reaction against the centralizing trend that hadbecome evident after the re-
emergence of the Congress in 1971 and 1980. As a result of this a feargrips the minds of the
regional leaders that the Centre is always encroaching upon the States' autonomyby poking
its 'dirty nose' into the day-to-day working. Within the Congress Party it had still enhanced
thelegitimacy of such fears. However, in 1989 Elections the Congress(I) lost its pre-eminent
position andwas not even able to form government. In 1891 elections, it improved its position
but even did not get thesimple majority to form the government and had to take the help of
other parties to form the government. In 1994 and 1995 assembly elections also the
Congress(I)'s performance was very dismal. In the 1996General Elections Congress (l)'s
further declined and it was not able to form the government. A UnitedFront comprising 13
parties had formed the government at the centre. The United Front Government didnot last
long. The Parliamentary elections were held again in1998 and the BJP with the help of
manyregional parties formed the government at the centre. This coalition government
consisting of 18 partieslasted only 13 months as one its partners AIADMK withdrew support
from the government in April 1999. Thus, a regional party was able to topple the government
at the central lever. The 1999 Lok Sabhaelections again resulted into 'Hung Parliament'.
Again a coalition government headed by BJP wasinstalled which included many regional
parties.
Of late, the regional political parties have successfully mobilized and articulated the
regionalsentiments. Some of the important regional parties are National Conference in J & K,
Telgu Desam inAndhra Pradesh, AIADMK and DMK in Tamilnadu, Sikkim Sangram Parishad
in Sikkim and Akali Dal inPunjab. In 1995, assembly elections Shiv Sena has gained
popularity and formed the government withthe help of BJP. A unique feature of the
1996,1998 and 1999 parliamentary elections is that the regionalparties have made a major
mark of their presence in Lok Sabha and they are allies or the government atthe centre
which will give a new colour to Central State relations.
Apart from the regional parties cited above, one could even talk about such parties as
the Lok Dalin Uttar Pradesh and Haryana and CPM in West Bengal and Muslim League in
Kerala as the partieswhich adopt regional postures. Besides this, another challenge to the
Congress (I)'s dominance is theemerging popularityof BJP after 1989. In the 1986,1988 and
1999 Lok Sabha elections BJP emerged asthe largest party in Lok Sabha and Congress(I) was
in the second position. This trend towards theemergence of regional political parities as a
strong challenge to the national politics had in fact,compelled the centre in 1983 to appoint a
commission namely the Sarkaria Commission to look into thequestion of centre state
relations afresh. This was perhaps the first attempt of its kind to look at the problemin a
comprehensive manner. Since the Commission was set up by the Union Government itself
(as againstthe earlier such commissions. Rajamannar Commission set up the Tamilnadu
Government). Thereport of the Sarkaria Commission was made open in 1988. It would be
worth-while to look into therecommendations madeby it.
7.7 Report of Sarkaria Commission
A three men Sarkaria Commission was appointed on June 9, 1983 to look into the
centre staterelations on the persistent demand of various regional as well as national
opposition parties, particularly in the wake of Akali agitation to cool down their demand for
state autonomy as expressed in thefamous Anandpur Sahib resolution. It gave its report after
about five years in October 1987.
The' report clearly states that there is nothing fundamentally wrong with the
constitution and itdoes not need drastic changes. The report says "we absolutely need to
have a strong centre andthere is no doubt that without it everything will wither away". But
the report lays down the importanceof decentralisation and includes a note of caution about
the inefficiency of undue centralization. Itmentions that "India is not merely the centre but
equally the States.
The report suggests a few but significant amendments in the structural aspecton
variousrecommendations and suggestions and reforms in the functional aspect of the
Constitution governingthe legislative, executive, financial relations between the centre and
States.
7.8 Centre-State Relations
In the legislative field, it says that the supremacy of Parliament is specified in Article
24 and 254 isessential and needs no modification. There is no need to transfer certain
subjects (Subject as preventivedetention, education, labour, electricity) from concurrent list
to the state list. Residual matters other thantaxation could be in the concurrent list. The
commission has recommended that centreshould consultthe states before legislating on a
subject in the concurrent list. But no legal change has been suggested.The commission had
asked for the growth of healthy conventions in this matter.
In the executive field (Art. 256,257) the commission recommends status quo. Itsays
that Article258 (to entrust functions to the states) should be used generously to decentralize
powers.
In the financial field it is in favour of states but does not suggest that devolution of
funds fromcentre to states should be automatic. It favours amendments to provide sharing of
corporation tax andlevy of companies’ tax and tax on advertisements and broadcasting. It
says that income tax paid bycompanies should be shared; it has rejected all suggestions to
shift the taxation powers of centre to theStates. About the agricultural tax the opinion was
divided therefore, the commission says that the mattermay be examined thoroughly. It
recommends that states should have greater hold in Industrial licensing. It has not accepted
to modify inter-state trade and commerce under articles 301- 304.
The report states that the need for national planning is undisputed and planning an
implementationbe on cooperative basis between centre and states. In the view of commission
the existing division offunction between planning commission and commission is just and
reasonable. It recommends thatloan-grant pattern of the central assistance should be
reviewed. The number of centrally sponsoredschemes should be kept to the minimum. It
recommends that centre should give consent to state forborrowing from banks for periods
less than one year. It also recommends that tax freeMunicipal Boardsshould be introduced.
It also favors grants in lieu of railways passenger fare tax as recommended byFinance
Commission.
The commission has not recommended the setting up of expenditure commission.
Thecommission is not in favour of disbanding the all Indian Services. It says that the union
should dissuadestates from using their powers of making transfers and promotions in order
to 'discipline’ the offers.
It has proposed that the judges of High Court should not be transferred without their
prior consent.Itlays emphasis on the growth of conventions in this field. The Chief Justice of
India should consult twosenior judges-while giving his opinion about the transfer of High
Court Judge. The major recommendationabout Judges relates to time bound consultation
process for the, appointment of Judges. The commissionrecommends the amendment of
Article 217 for the purpose.
Besides this, the commissionlays emphasis on the setting up of an inter-state council
underArticle 263 for resolving centre states problems. The commission recommends that it
should be apermanent body and should be named as Inter-Government Council. National
Development Councilshould be retained and strengthened. It should be named as national
Economic and Development Council.The Zonal councils should also be activated. It has made
detailed suggestions for the guidance of thecentre including observance of a time frame for
dealing with bills referred by Governor to the centre forassent.
Broadcasting should remain with centre but it should ensure reasonable
decentralization between centre and States. It has also recommended the interlinking of radio
stations. On the questionof deployment of central forces, the commission has recommended
that the centre should have fullpowers to decide on such deployment.
. The commission has rejected the suggestion for deletion of Article 370 in relation to
Jammu &Kashmir.
No change has been suggested regarding amending procedure of the constitution as
laid down inArticle 368.
On the language issue, the commission favors the implementation of three language
formula.The commissioner for linguistic minorities should be activated.
(a) The Office of Governor
The commission makes detailed suggestions about the office of Governor and the
imposition ofcentral rule in states under article 356. However it is not in favour of either the
abolition of the officeof Governor or the deletion of Article 356. About the appointment of
Governor the commission hasrecommended that Article 155 of the constitution should be
suitably amended to prescribe consultationswith the State Chief Minister on the appointment
of Governor. It also suggests certain criteria for theappointment of a Governor. In its view (i)
he should be eminent in some walk of life (ii) he should be aperson from outside the state (iii)
he should not be too intimately connected with local politics of the state(iv) he should be a
person who has not taken too great a part in politics generally and particularly in therecent
past.
The commission has recommended that the Vice President of India and the Speaker of
the LokSabha may be consulted by the Prime Minister in selecting a Governor. This
consultation should beconfidential and not a matter of constitutional obligation. It also
recommends that a politician from theruling party at the Union is not appointed Governor of
a State, which is being run, by some other party ora combination of other parties.
Besides the appointment of Governor, the commission also recommends that the five
years termof Governor should not be disturbed except rarely in extreme situation and in
such case he must beinformally apprised of the grounds of the proposed actions and afforded
a reasonable opportunity forshowing cause against it. If the Governor gives any explanation
to the President that should be examinedby an advisory group, consisting of President of
India, Speaker of Lok Sabha or a retired judge of SupremeCourt. Only after receiving the
advice of this group, the President may take action. The commission hasalso observed that if
the normal term of Governor is disturbed, the union government may lay astatement before
Parliament, explaining the circumstances leading to such action.
The commission observes that as a matter of convention the Governor should not be
eligibleafter the expiry of his office for any other appointment or office of profit under the
Union or a StateGovernment except the second term of Governor or election as Vice President
of India. Such a conventionshould also require that after quitting office, he should not engage
in active politics.
(b) Central Rule in States
As already said the commission does not recommend the deletion of article 356
providing forcentral rule in states. However, it observes that it should be used sparingly and
as a matter of last resort.The commission indicates four illustrative situations when it may
be provoked. They are:
(a) Political crisis or dead-lock, for example when there is total or demonstrate
inability to form agovernment with stable majority support.
(b) InternalSubversion: one striking example of which is, where the State
Government is fermentinga violent revolution or revolt with or without the
connivance of a foreign power.
(c) Physical breakdown: When on account of earthquake or epidemic of
unprecedented magnitude,administration of state is paralysed. Security of the
state is endangered and the state governmentis unwilling or unable torelieve the
situation.
(d) Non compliance by a state with constitutional directions of union government.
The last ground is dangerous and can be misused as already in the past it has been
done. Besides explainingthe ground on which Article 356 should be invoked, the commission
gives certain recommendations to ensuregreater proper application of Article 356. The first
set of recommendations is to ensure greaterParliamentary control by providing that
legislative assembly should not be dissolved unless theParliament has considered
thePresidential Proclamation. A special sitting of Lok Sabha shall be heldwithin 14 days from
the date of receipt of notice. President Rule shall be revoked if the house passes aresolution
disapproving it.
The commission also gives recommendations to ensure effective judicial review of
thePresidential proclamation. It says that the material facts and grounds on which President
Rule isimposed should be made an integral part of the Presidential proclamation.
(c) Working of Union State Relations
Above all the commission also reviews working of federalism in India. The report says
that theconcept of federalismis in built in the constitution. So that with time there should
have been progressivelydecentralisation of economic and political power. But it points out:
unfortunately, there was not onlyinadequate territorial and functional decentralisation in
India... There has been a pervasive trend towardsgreater centralisation of powers over the
years, interalia due to the pressure of powerful socio-economicforces". The commission is
particularly critical of the manner in which vital democratic traditions andconventions have
been dealt with by the government of the late. It says "Even codes and conventionsevolved in
the earlier years have been broken too lightly in the later years. Expediency has
sometimesbeen given precedence over wisdom and short-term advantages over long term
benefits. Narrowpersonal or parochial interests have been given priority over larger national
interests."
The Commission also makes remarks about the basic concept of democracy. It is of
the view that democracy should be seen as compromise between majority and minority and
not authoritarian useby the majority of its voting power.
It may be pointed in the end that the government has not implemented this report of
wide rangedimensions on the controversial issue of union-state relations. The government is
not inclined toimplement most of its recommendations. The Janta Dal governments
established theinter-state councilin 1989. The Congress Government later on formed a sub-
committee of meeting on 9th December,1991. It accepted some of the recommendations of
Sarkaria Commission about the office of Governor.First that Governor should be allowed to
work for its tenure of five years and should not be replaced.Secondly, that the Governor
should not be appointed on any office of the Central and State Governmentsafter his
retirement and should not take part in active politics, it was also agreed upon in the meeting
thatthe majority of party will be decided in the State assembly, the chief Ministerwill not
advise the Governorto dissolve the assembly. On the other hand the Governor can ask the
Chief Minister to prove hismajority in the Assembly. But even those agreements have not
been implemented.
(SomeRecent Trends)
Fifty two years have passed by since the inauguration of the Constitution, but the
dangers thathad made us opt for that federal structure, have not minimised at all. Instead,
these have become morereal. Numerous types of fissiparous and (even) cessionary forces are
there out and out to underminethe unity of the country. But the irony of the situation is that
the strong Centre which at one time wasconsidered to be a bulwark against all types of
disruptive forces is now being looked down upon as a bighurdle obstructing the continued
unity of the nation. People no longer want the Centre to possess so vastpowers. They plead
for the slashing of the unwanted flesh from its body. On the other side, the vestedinterests
that have been groomed by the present arrangement are too unwilling to modify, much
lessupset, the existing power distribution pattern. Thus, the Centre-State relations have of
late become anissue of serious debate in the country. Let us study it in some detail.
(d) Background of the Controversy
As alluded above, there were convincing reasons why we went in for such a federal set-
up. Realand potential dangers apart, the national leadership then in command of the nation,
was passionatelycommitted to the unity of the country and ardently believed thata strong
Centre alone was capable ofensuring such a unity. They had been wedded to that idea ever
since they were confronted with thisissue.
In this context, it may be recalled that when this issue came up for consideration for
the first timein the Second Round Table Conference held in London in 1931 the Congress out
rightly rejected theMuslim League suggestion that the Centre may be given only a few
selected subjects and, instead demanded that the Centre be made as strong as possible.
Another fact that needs to be underlined is that while that leadership stood for and
had evencreated a strong Centre; they were equally zealous of conceding to, and maintaining
the autonomy of theStates. For, they sincerely felt that the unit of the country can be
promoted only if due care is taken tokeep intact the diversity and plurality of the various
cultural and geographical regions. That consciousness had made them vigilant about the
Centre not out stepping its constitutional domain and not encroachupon the Jurisdiction of
the States, They would further ensure that the States are not only consulted(both severally
and collectively) in vital decision making, but are encouraged to express their viewpointfreely
and fearlessly, thereby giving them a feel that they are not in any way subordinate to the
Centre butare equal partners with it in the federal set-up of the country. This process of
collective deliberations hadeven been institutionalized in the form of such bodies as the
National Development Council, the PlanningCommission, the Finance Commission, etc. All
these bodies met regularly and sorted out all issues in aspirit of goodwill and co-operation-
Since all the State Governments as well as the Central Governmentwere controlled by the
Congress Party, its High Command also played a significant role in coordinatingand
harmonizing the mutual relationship between the States and the Centre, on the one hand,
andbetween the states among themselves, on the other.
The concern of the leadership was not confined only to the protection of the autonomy
of theStates but it percolated down to the grass-roots. To them commission-operative
federalism in its truesense would prevail only when power is shared by the Centre with the
States and by the States with theinstitutions of the local level. To put that idea into practice,
they had created Panchayati Raj thatdecentralized to it substantial powers. In this way we
find that the old leadership had realized theimportance of the federal structure and had
taken all necessary steps to make it functional in an effectiveway.
Unfortunately, that situation was not to last long. The mid-sixties marked the
beginning of thechange. In 1964, Pandit Jawaharlal Nehru died. In him, the country lost the
chief architect and promoterof commission-operative federalism. More significantly, his death
gave a fatal blow to the CongressParty. After a brief interval of one and half years (the Shastri
period), Mrs. Indira Gandhi succeeded to thegaddi with the help of a few senior leader of the
Party. Her authoritarian instinct for unshared powerbrought her into collision with them and
soon the Party suffered a vertical schism, earlier, the Party hadlost in the wake of the fourth
General Elections power in almost all the States of the Northern India. Thus, in less than five
years of the disappearance of Nehru from the stage, the Party had fallen on its evil days.
Side by side, the country had also been drifted to economic crisis of an unprecedented
magnitude.We had to fight two devastating wars in a rapid succession of three years. Their
backbreaking impacthad further been accentuated by the failure of the monsoon for the
consecutive years. Near famineconditions had come to prevailin the whole country.
Theall round crisis that had thus engulfed us called for bold initiative. But it was both
ironical andtragic that the remedial steps that were taken to overcome that crisis, robbed the
federal structure of itstrue spirit of harmony and commission-operation among its various
federating units. What had beencarefully nursed over the years began to wear out step by
step. A well-planned sustained drive wasundertaken to deprive the States of their highly
coveted powers. Sooner than later, the whole structurebegan to converge to a single centre,
dwarfing and destroying the authority of the power units at theperiphery.
The development was synchronized by yet another development of profound
significance. Theleadership pattern had meanwhile been undergoing a radical change. The
massive development drivethat we had initiated through myriad ways (such as the
educational spread, literacy drive, mass communication, revolution, community development
programme, land reforms, tribal and scheduled casteswelfare, green revolution, and above
all, the political process) had begun to yield fruits. A new breed ofleadership which was
socially more broad-based younger in years and perhaps less educated than
theirpredecessors and owing loyalty to narrow parochial groups, had emerged to the
leadership positions.Their breed as well as their training had made them zealously champion
the cause of the grouping andReasons/States, they hailed from.
Obviously, this type of leadership would not tolerate that power which their States
originallypossessed is taken away from them and they may be driven to a situation wherein
they may have to runto the Central Government every now and then for the sanction of even
a small project or for obtainingfinancial aid for one thing or another.
Thus, a strange paradoxical situation emerged. On the one hand, a systematic
campaign hadbeen underway to centralize power with the avowed intention of strengthening
the political system with aview to warding off any danger that may put the unity and integrity
of the national into jeopardy. On theother, the new breed of leadership, backed by their
parochial groupings and regional parities wouldbitterly resent that centralizing propensity on
the part of the powers that be. Today, we are face to facewith that strange paradox. Happily,
the New Congress Government of P.V. Narsimha Rao did take thecourage with both hands by
initiating the process of re-endowing the federal structure with the older spiritof mutual
harmony and commission-operation between the Centre and the States. But the
poorperformance of Congress-I in 1994 and 1995 assembly elections and the infighting in
Congress did notbring about the required co-operation. The 1996 and 1998 Lok Sabha
elections further eroded the authorityof Congress(I) and the regional parties strengthened
their position even at the national lever. We maynow proceed ahead to have a closer view of
the high-tension areas in Centre-State relationship.
7.9 Tension Areas
The study of the high tension areas may be prefaced with the observation that ever
since Mrs.Indira Gandhi has ascended to power, there had set in a period of confrontational
politics in the country.The regimes of Mrs. Indira Gandhi, Rajiv Gandhi, V.P, Singh and
Chander Shekhar were particularlycharacteristic of the ruling parties having been locked in a
fierce battle of humbling and humiliating allthose who were arrayed against them. Two and
half years' of Morarji Desai regime did howeverprovidea happy respiteful interlude in this
long internecine warfare. The principal theatre of that 'fight to thefinish' was the Centre-State
relationship. Since the State Governments, by and large/were controlledbyparties other than
those in command at the Centre. It had become recognised pattern of the behavior of the
latter that they must indulge in such activities as may be inimical to the smooth functioning
of theformer. The superior status accorded by the Constitution to the Central Government
reinforces itsmischief making capability. Obviously, Centre States relations must get
surcharged by hostility, violenceand even necessary demands. Much of the unrestprevailing
in thiscountry today is due to the choking of the Channels of free communication between
New Delhi and the State Capitals. Had the authority of theStates not been gagged, we might
have had more peaceful atmosphere. This development has createdtension in all areas of the
system; political, administrative, economic, financial and developmental.
Developmental: It is well-established pattern of human behavior both individual and
collective that asand when an individual or a society becomes independent, his/its first and
foremost attempt is to improvehis/its socio-economic lot. Consequently, all his/its efforts are
directed towards the developmental goal.Our experience of the past five decades, ever since
we have been free, guides us that development hasbeen one single component of our effort
that has emerged our attention the most. It has become a highlysensitive issue for all
segments of the society. If anyone ever makes an attempt of either obstruct orinterfere with
the development drive of any group, region or state; its members consider it as a
seriousattack on their legitimate domain, and do not hesitate to put any type of opposition or
resistance to it.Unfortunately, one of the areas which were encroached upon by the Central
Government in recent years,both directly and indirectly, relates to development. It was,
therefore, but natural, that the states mustrecent this development very bitterly.
In this present age of science and technology, industrialization is the only fastest
means to put asociety on the road to prosperity. The Constitution has assigned the subject of
industry to the States. Butwith a view to bring about a fair distribution of the key
industriesin the whole length and breadth of thecountry, Parliament had enacted in 1951 the
industries in Development and Regulation Act where underno State Government is allowed to
set up the specified types of industries without the prior approval ofthe Central Government.
To begin with, only 32 select industries were put in that category. But with thepassage of
time (more particularly during the regime of Mrs. Indira Gandhi) that list was so
muchexpanded (the number increased to 193) that no worthwhile industry was left out of it.
The obviousoutcome was that for every small industrial project a State Government had to
run to New Delhi to obtainits approval. As for the Central Government, it could sit over the
proposal for an indefinite period of timeand mayfinally turn it down. It enjoys unlimited
power.
It has been the grouse of many a State Government that the Central Government is
invariablyguided more by political considerations and less by any economic or spatial
criterion. More specifically, it is alleged that those State Governments which are controlled by
the parties other than the one ruling atthe Centre at any given point of time is given a raw
deal. If Punjab, West Bengal or the North EasternStates of the country have lagged behind
the others in industrialization the reason being that theyremained for most of the lime under
the Non-Congress regimes.
Perhaps more irritating is that the fact that all the key and heavy industries have been
included inthis list. This implies that the Central Government may concede or deny to State
Government the benefitof any heavy industry as it suits its political convenience. By doing
so, it may foster or fetter the economyof the State Concerned. For, the establishment of that
industry assures or denies to a State heavyinvestment runninginto hundreds of crores of
rupees along with the tens of thousands of Jobs, Thus, itis a political weapon in the hands of
the Central Government to please or penalize a State Government.
Another developmental aspect that falls in the exclusive purview of the Central
Government is theformulation of numerous types of developmental programmes and to make
financial allocation for theirexecution. The State Government does not have any role in their
formulation nor do they have any authorityto shift a grant from one scheme to another. They
must spend the allocated funds on that scheme forwhich these have been earmarked,
irrespective of their needs. The autonomy of the States has not beenshown any regard at all.
This issue has also been a source of great irritation to the State Governments.Happily, the
Central Government has decided to allow the State Governments to relocate funds amongthe
various planned schemes to the extent of 60 percent. Hopefully, this policy decision would go
a longway in redressing this grievance of the States.
Financial: No development worth the name is possible without adequate financial support.
The Statesfeel handicapped on this account too. Their complaint is that they have not been
traced kindly in the basicconstitutional scheme of the allocation of financial resources
between the Centre and the States, in theirenthusiasm to strengthen the Centre is every
possible way, the Constitution Fathers assigned all thesubstantial sources of income to the
Central Government, while the responsibility of the nation-buildingdepartments which
require year after year massive resources both for development and maintenance,was
entrusted to the care of the State Governments. This distribution pattern has made the
Statesparliamentary dependent upon the goodwill and charity of the Centre, though the
necessary institutionalmechanism for the periodic transfer of additional funds to the States
has been provided in the Constitutionitself.
So long as the congress party ruled the Centre as well as the States, financial
stringency was notfelt by anyone. But with the coming in of the phenomenon of the different
parties ruling differentgovernments the pinch of this distribution pattern came to be felt.
Even though the share of the States inperiodic transfer of funds has increased from 16.98
per cent in 1961-62 to 29 percent of the gross taxrevenue of the Central Government, the
States by and large nurse the grievance that injustice has beendone to them. They appear to
have late become too self-centered. In their bid to defend and advance theirown narrow
interests, they do not hesitate to contest their claims and come into clash with
anyonewhoever comes in their way. The Cauvery Waters Dispute which has brought misery
to innumerablehomes in Both Karnataka and Tamilnadu, is a pointer to that growing
militant approach of the StateGovernments. Another evidence to this tendency was manifest
in the unhappiness expressed by anumber of State Governments with the proposal of the
Narisma Rao Government made (December, 1991)regarding some modification in the Gadgil
Formula which had for number of years been governing thedistribution of funds between the
Centre and the States. Surprisingly, the unhappy lot includes some ofthe Congress-ruled
States. We thus find that every state is ultra-conscious of its needs and interestsirrespective
of any other consideration or regard.
The bitterness on the part of the States seems to have increased far more by the
misuse of thepowers by the Planning Commission than by any other single factor. Even since
we have set out on thepath of planned development, massive funds have been put at the
disposal of the Planning Commission.Quite a sizeable part of these funds falls in its
discretionary purview. This power combined with itsauthority to approve or disapprove any
project proposal of a State Government has considerablyenhancedits stature. It is widely
complained that the Planning Commission, playing the tune of theCentral Government, often
indulges into the game of punishing the Opposition-ruled States by notclearing their
proposals or (and): starving them of the funds. On the other hand, it doles out
massivegrants, quite out of the way, to the friendly governments. This naked display of power
politics has beenlargely responsible for generating the demand of a revision of the financial
relationship between theCentre and the States.
Yet another grievance of the States is that the Central Government unilaterally revises
every nowand then the salary structure and the clearness and other allowances of its
employees. Though being anautonomous governing unit, the Central Government is not
obliged to consult them, yet the fell-out of thisperiodic revision is too serious to be easily
offset, by the financially hard-up State Governments. They arecoerced by their employees to
fall in fine with the Central Government sooner than later, in that eventualitythey must
either divert funds from planned heads or go in for loans. The Centre does not bother
abouttheir difficulties at all.
Thus, we find that the Centre possesses far too many powers with regard to finance.
That thecoffers of the Central Government should overflow with money to the extent that it
may dole out to thestate year after year hundred of crores of rupees, is a portion no longer
acceptable to the States. Theirbitterness has further been accentuated by the political game
that it often plays with them. As thingsstand today, there is no possibility of the basic
constitutional scheme of the distribution of the financialresources be subject to a thorough
review in the near future. However, the Centre has of late begun toincreasingly appreciate the
fast growing needs of the States- How far this policy change satisfies theStates, time alone
will indicate.
Administrative: Though the day-to-day administration falls in the Constitutional purview of
theStates, tension has also crept into this sphere. One of the facets where acute tension is
felt in the onerelating to law and order. Way back in-September, 1968 the Central
Government employees staged acountry-wide strike. Apprehending some danger to its
establishments located in Kerala which state atthat time was ruled by the CPM Government,
the Central Government rushed to that State a few battalionsof the CRPF without taking it
into confidence. The latter took a strong objection to it. A year later, similarsituation arose in
Bengal. In all these cases the plea of the State Government was that law andorder has been
assigned to them by Constitution, how can the Centre interfere in their domain?
Thisobjection was rebutted by the Centre by pointing out that the maintenance of the
Integrity and security ofthe country, both against external aggression and internal unrest, is
its paramount duty. It cannottherefore afford to be an idle spectator to a situation where the
internal security of the Country or apartthereof is put into jeopardy by some lawless element
with the collusion of a State Government happily that controversy is over.
Today, the States no longer resent any such act of the Central Government. Instead,
they feelobliged to it for having assumed to itself the over-all responsibility of assigning them
in the maintenanceof law and order even with their territorial jurisdiction. They not only seek
the deployment of centralforces in times of need but also demand monetary and technical
assistance for the modernization oftheir police force.
However, this administrative area continues to be under strain. The opposition-
controlled statescomplain that step-motherly treatment is given to them in matters of the
deployment of parliamentaryforces. In U.P. (December, 1991) the KalyanSinghGovernment
expressed its deep concernto the CentralGovernment for not appreciating its needs for
additional battalions of the Central forces required by it tomeet the terrorist menace in its
Terai region. Earlier, this very Government had protested to the CentralGovernment for
rushing to Ayodhaya six companies of the CRPF without their asking for the same.Thus, law
and order poses a problem for Central State Relationship in one form or other.
The other fact of administrative relationship is the clearance of the State Governments
proposalsfor the enactment of fresh laws and for the Introduction of the new schemes. Under
the Constitution, thegovernor of a state can reserve for the assent of the President any bill
which comes up to him forconsideration. Though the Constitution spells out the nature of
those bills which require President'sassentthe Governors have developed a tendency not to
accord their assent to a bill which they findsomewhat controversial, and instead, reserve it
for the President's consideration. The latter on his partforwards all such bills to the Ministry
for Home which in the absence of any time frame, takes its owntime. Quite often, bills are
held up for months and even for years. In 1980, the West Bengal Governmentreferred to the
Central Government a number of bills which it had not returned till 1984. The delay not
onlyfrustrates the purpose for which these laws are sought to be enacted, but also creates ill
will between thetwo Governments.
Similar, attitude has been taken by the Central Government with regard to other types
of proposalsof the State Governments. On 12 December, 1991 Laloo Prasad Yadav, the Chief
Minister of Biharcomplained that the Central Government had been sitting tight since April,
1991 over its proposal to levythe entry tax, which it had proposed in order to make good
some of the losses that it had sustained onaccount of the modification of the royalty on coal.
Yet another administrative aspect under attack is the Central Government's authority
to sanctionand allocate the distribution of certain essential commodities, particularly food-
grains Kerosene, edibleoils, sugar and the Like. This administrative-cum-developmental
device has furthereroded the authorityand autonomy of the states. They have come to heavily
lean upon the Centre. On the face of it this policytoo is imbued with the intention of bringing
about a fair and uniform distribution of the essentialcommodities. But the trouble arises
when decisions are taken more on political than on moral considerations.It is widely alleged
that this particular power has become an instrumentin the hands of the CentralGovernment
to enable its own party to win an election and to engineer the defeat of an opposition
party.Where its own party is in power it may glut its markets with these commodities,
thereby raising itsprestige in the eyes of the electorate and finally enabling it to win the
election. On the other handit maystarve an opposition ruled state of these commodities,
particularly at the crucial Juncture when it isrequired to face an election. Thus, mischief of a
serious nature can be played.
The administrative field, innocuous as it may appear, provides good many areas and
occasionswhich may foment from time to time illwill and strain between the Centre and the
States. Little thingsmay bring the two into a serious collision against each other. Further
problem is that this is such an areaof inter action where the nature of the issues, creating
tension. Is so trivial that it becomes difficult towork out objective guidelines for the
smoothrelationship. Goodwill and sense of accommodation canalone create harmony between
the two.
Governor: The Institution of the Governor has become the focal point of a serious
controversy. For thefirst twenty years after the independence, people little bothered to know
who their governors were andwhat they did. Even some of the incumbents of this exalted
office wondered about their own relevance.For, they did not find any worthwhile role to play,
except that of affixing their signatures on the dotted linesor presiding over public functions of
socio-cultural nature. But as soon as the hegemony of the Congressbroke in 1967, the
Governors suddenly emerged into lime light. Today, every aspect of their functioninghas
come under a cloud. Let us examine their position in detail.
Governor occupies a unique place in the constitution set-up of the country. Even
though he is thehead of the State Government, he is appointed by the President and holds
office in his pleasure. Thisdual position furnishes to him an immense scope to play the game
of the Centre against the State. Oneof the areas where he can play mischief with impunity is
the appointment of the Chief Minister. In suchStates, where one single party bags enough
number of seats in the Vidhan Sabha, he does not, ofcourse, have much discretion. In that
case he is left with no option but to appoint the leader of the party asthe Chief Minister. But
when no party gets a majority, the discretionary role of the Governor enhances agood deal,
He can manipulate the installation of the leader of the party of his choice as the Chief
Minister.The history of after 1967 elections is replete with cases where Governors have
inducted into ChiefMinistership men of the ruling party at the Centre. To do so, the Governor
employed more often than notthe immoral means. To illustrate, in 1984, G. D. Tapase,
Governorof Haryana assured Devi Lal that hewould appoint him the Chief Minister, provided
he paraded before him a majority of Legislators. WhileDevi Lal was busy collecting the MLAs,
the Governor suddenly and surprisingly summoned Bhajan Laland administered to him the
oath of office. It is widely alleged that he did so in deference to the wishes ofthe Prime
Minister.
Governors have become instrumental in the hands of the Central Government not only
in inducting'friendly persons' in to the Chief Minister's office but also in removing the
"unfriendly ones' out of it. Thisaspect of power has been recklessly abused by a number of
Governors. Here we may refer to only onecase by way of an illustration. In 1984, N.T. Rama
Rao was the Chief Minister of Andhra Pradesh. Hiscontinuance in office was obviously
inimical to the interests of the Congress party. They wanted to get ridof him. Ram Lal who
was creating problems for the Chief Minister of his own State (Himachal Pradesh)was
specially picked up for the assignment of Governorship of Andhra Pradesh. No sooner did
heassume office than he removed the Chief Minister and put the State under Presidential
Rule. His actionevoked country-wide storm which made him to bow out of the office and also
to reinstate Rama Rao.
In this context, we may also refer to the boldness that Surjit Singh Barnala at once
showed byflatly refusing to the then Prime Minister to submit to him an adverse report
against Karunanidhi the ChiefMinister of Tamil Nadu. Annoyed over this impertinence of the
Governor, Chander Shekhar mooted theproposal of transferring him to Bihar. Sensing the
move, Barnala mailed his resignation to New Delhi andsurrendered his office. He thus,
proved that there is no dearth of people in the country who have guts torefuse to dance to the
political tune of their masters.
In Tamilnadu (1995) Governor Chenna Reddy by giving permission to Janata party
PresidentSubramaniam Swamy to prosecute Chief Minister. Mrs. Jayalalitha on corruption
charges sparked offcontroversy. As a retaliatory measure the Tamilnadu legislative assembly
(the government headed byJayalalitha) passed a resolution requesting the Central
Government to recall the Governor.
In 1998, Romesh Bhandari, the governor of UP created controversy by not allowing the
BJP thelargest party to form the government in UP.
In 2000, the Governor of Bihar created controversy by installing Nitish Kumar as Chief
Minister who had not the majority support and not allowing Rabri Devi, the leader of largest
party to form theGovernment.
This blatant misuse of power by certain individuals has made the governor's office a
butt ofcriticism and ridicule. Unhappiness generated by it has led many a critic demand the
abolition of thisoffice, saying that no amount of sermonisation or streamlining of procedures
through guidelines candaunt either the Centre from coercing their nominees to oblige them
in one way or the other, or thenominees themselves from playing the puppet in to the hands
of their benefactors. The Issue still hangson.
Lest some Governor should decline to toe the line of the ruling party at the Centre, it
has alwaysbeen its constant endeavour to see that only such persons are sent to the State
Raj Bhawans who mayabide by its wishes. This tendency of the Centre has evoked
resentment of the States. Often it has beenobserved that the Centre has thrust persons upon
the States much against their wishes. Dharam Vira'sappointment in 1967 as Governor of
West Bengal in opposition to Ajoy Mukherit and his United Frontministerial colleagues was
the first instance of this type. V.P. Singh added a new dimension to this issueby dismissing
all the Governors in one single sweep and put his own nominees in their place.
ChanderShekhar also did the same but in a limited way. All Central Governments (led by any
party) took care oftheir selfish motives in the appointment and removal of Governors.
The issue of the appointment of Governors vis-a-vis their acceptance by the Chief
Ministersconcerned continues to be a thorn in the smooth relationship between the Centre
and the States. It wasexamined by the Sarkaria Commission which went into the detailed
study of this problem. It hadrecommended in its Report, among other things that before
finalization of any appointment of a Governorthe opinion of the Chief Minister of the State
concerned be taken, further, no one who has been active inpolitics for five years preceding
the consideration of his name for governorship be appointed to this officeand also no one be
conferred any office of profit by the Central or State Government after his superannuationas
Governor. Happily, these recommendations which had been gathering dust for the last so
many years,how at long last been endorsed by a working group of the inter-state Council
(December. 1991). But stillnow these have not been implemented.
Political: one of the important political weapons that the Centre has frequently made use of
toflog the States with is the imposition of the President's rule. As per requirements of the
Constitution, thePresident can take over the administration of a State as and when he comes
to know, though the Governoror otherwise, that it has become difficult for the
constitutionally organised government to work smoothly.Every since the Congress has ceased
to be a country-wide dominate party, there has ushered into everyState an era of political
instability. Very seldom one single party gets comfortable majority so as to formgovernment
all by itself. In such situations of political uncertainty andinstabilityGovernor's
discretionaryrole of making and breaking the governments, as observed earlier, enhances
considerably. Whenever hefinds that a certain political party or a combination of parties
aspiring to form government does not suit hisor his master's convenience (i.e. political
convinces of those who are at the helm of affairs at the centreat that given point of time, he
can obstruct its entry to power. To do so what he is to do is to write a line tothe President
suggesting to him to take over the administration to the State. Once the President issuesthe
proclamation to that effect, the danger of that party taking over is averted. In this way, the
ruling partyat the Centre can outmaneuver the opposing parties, thereby fomenting political
crisis."
To illustrate, in the 1967 General Elections no party succeeded in securing a clear-cut
majority inRajasthan. A few parties entered into a dialogue with one another to forge an
alliance and form theGovernment. But Dr. Sampurana Nand, the Governor, would not take
kindly to that move. Instead, hecalled the Congress leader, Mohan LalSukhadia, to assume
the reins of power somehow. But he did nothave the requisite majority to do so though he
was stiff hobnobbing with a few groups and parties. Inorder to enable him to take his time
the Governor got the President's rule imposed in the State. After 18days when the Congress
succeeded in its manipulations the Congress Government was installed. Inthis way, Article
356 has been abused, and ad infinitum, to perpetuate in the States TheHegemonyoftheruling
party at the Centre. This trend assumed dangerous proportions in 1977 when the Janata
Governmentclamped President's rule with one sweep, in as many as nine states. Two and
half years later, when theCongress returned to power at the Centre it once again dismissed
all these governments and orderedfresh elections there. Fortunately, P. V. Narismha Rao did
not succumb to the pressure of his partycolleagues-and preferred to work with the existing
set of governments. But in December, 1992 he sackedthe BJP Governments in UP, MP,
Himachal Pradesh and Rajasthan. Thus, we find that needlessdismissal of State
Governments on narrow political considerations has down a good deal of harm to
theharmonious relationship between the Centre and the States. It is rightly said that this
single power hasintroduced the State Governments to glorified municipalities. It strikes deep
at the roots of their autonomy.
The foregoing detailed description makes it clear that the Centre State Relationship
has beenvery controversial. As Madhu Dandavate in his article ‘Constraints'in Federalism’
(Tribune, December 1,1992) has remarked 'Pluralism of the Indian Society in almost every
walk of life has a compulsion for usto pursue a federal structure. In the event of India's
failure to devise a workable federal framework the'fabric of Indian unity itself will be
weakened. For strengthening federalism and liberty for all the layersfrom centre to the grass
root level, we cannot rely merely on constitution, Judiciary or Parliament. Peoplewill have to
take the initiative and mobilize public opinion in favour of federalism. We must
rememberliberty lives in the hearts of men and women. When it dies there, no Constitution,
no Parliament, no lawand no court can save it.'
The United Front Government (1996) was concerned about the above discussed
contentionsissues of Federalism, it wanted to introduce safeguards incorporating the
Sarkaria Commissionrecommendations. It was in favour of greater autonomy to states,
enabling them to determine theirneeds and priorities and freedom to draw state plans within
the framework of Five Year Plans. The basicaim of the United Front agenda was to restore the
balance in the economic equation between the Centreand States. But it was not able to tackle
the controversial issue of giving more autonomy to states andcurbing central intervention.
The Present BJP led coalition Government also faces challengesof demands for more powers
by the States. But the Federal prospects in the 1990s are of different orderas the National
Front, the United Front and BJP led coalition governments included the major
regionalparties inside the Government. The minority coalition governments have significantly
regionalized theparty system. This may lead to a more vigorous federal state bargaining
process in governance andeconomic planning in the near future.
7.10 Summary
Indian Constitution provides for a federal structure with a unitary bias. The Centre
has beenvested with large and important powers. The framers of the Constitution sacrificed
the rigid federalprinciples for the sake of national interest. A strong centre was the need of
the time. The division ofpowers between the Centre and States has been given in detail in the
Constitution in three lists-UnionList, State List and the Concurrent List. There is the
supremacy of Centre in all three fields i.e. Legislative,Administrative and Financial. The
working of federal system shows the impact of party system on theactual operation of Centre
State relations. Until the monopoly of Congress there was the completedominance of centre
but with the emergence of regional parties the decentralizing tendencies alsoemerged. Even
when there was the monopoly of Congress, the states were notas weak as is
generallyconsidered. For example in the matters like the linguistic reorganisation of states,
the language problemthe implementation of land reforms and the distribution of revenues the
states exerted their influence.Recently the dynamics of Centre, State relations have changed
with the emergence of coalition politicsat the centre in which the regional parties play an
important role.
7.11 References
1. A.H. Birch; Federalism, Finance and Social Legislation in Canada, Australia and
the United States, Oxford University Press, London l955 p. 305.
2. Ibid P. 306.
3. We have not taken into consideration all the unitary and federal features of the
Indian Constitution and infact many more can be added to this list.
4. See Granville Austin- The Indian Constitution; cornerstone of a Nation. (Bombay
Oxford University Press, 1972) Chapter 5.
5. Ibid p. 192.
6. Ibid p. 186.
7. CAD, VII. p. 33-34.
8. These lists are not exhaustive and are meant only to give an idea of the
relationship between the Union and the States.
9. Ibid p.27.
10. Marcus F. Franda. West Bengal and the Federilsing Process in India (Princeton
Press New Jersy 1968) pp. 162-63.
11. lbid p.163
12. Ibid p.105.
!3. Ibid p.127-128.
14. Subash C. Kashyap, ed. Op, cil. p, 27
15. Marcus F. Franda, op. Cit. 219.17 Report of States Reorganisation Commission,
1955. P.
16. Quoted by Subhash C. Kashyap, Indian Parties and Politics. P. 165.
18. Report of the Linguistic Provinces Committee l948 consisted of J.L. Nehru P.M.
Sardar V.B. Patel Dy. P.M. and Dr. B. Patabhi Sitaramayya, Congress President-
Quoted by Subhash C. Kashyap op, cit. p. 165.
19. Source S.A.H. Haqqi Union State Relations in India (Meenakshi, Parakashan,
Meerut 1969) pp. 106 and 107.
20. Ibid p, 107.
21. Text or Footnote.
22. Text or Footnote.
23. The Hindustan Times, Oct, 5,1960, p.4 Quoted by K.P. Bombwi. ‘Ibid p. 311.
24. K.R. Bombwall: Ibid p.31.
25. S. A. Kochank; The Congress Party of Indian (Princeton, New Jersy 1968) p. 424.
26. Lewis p. Fieken : “The Politics of Regionition in India” in Pacific Affairs Summer
1971, p. 193.
27. Subhash C. Kashyap op. cit. p. 27.
28. India Today, Feb. 29. 1988 p,82.
29. Tribune, Feb.11.
30. Indian Express. Jan 30, 1988.
1. Chandershekhar, S. (ed.) Indian Federalism and Autonomy, B.R. Publishing,
1988.
2. A.G. Normai, Constitution Question in India, OUP, New Delhi, 2014.
1. Analyse the working of Federal System in India.
2. Discuss the tension areas between Centre and States.
****
Lesson-8
FEDERAL REFORMS AND EMERGENCE OFMULTI LEVEL

FEDERATION STATE AUTONOMY
(Separate Statehood Demand)
Structure
8.0 Objectives
8.1 Introduction
8.2 Factors and Reasons
8.3 Demands for Separate Statehood
8.4 Secessionist Movement
8.5 Consequences of Demand for State Autonomy
8.6 Suggestions
8.7 Summary
8.8 References
8.0 Objectives
This lesson deals with the issue of state autonomy. After reading this lesson you will
be able to:
• Understand the meaning of state Autonomy.
• Know the factors and reasons for the emergence of state Autonomy demand;
and
• Analyse the demands for separate statehood in the post 1986 period.
8.1 Introduction
The demand for state Autonomy is one of the major controversial issues of the Indian
politicswhich has resulted into demand for separate statehood in different regions and sub
regions of India.Before we discuss the reasons and the nature of the demand for state
Autonomy, we must be clearabout the concept of 'State Autonomy. It does not mean the
Independence of the States. It indicatesnon-interference of the centre in the prescribed
Jurisdiction of the states and it stands for more powers and authority to run their
governments. Thus State Autonomy has assumed the character of States'Rights which has
been the base of federal system.
8.2 Factors and Reasons
The demand for State Autonomy in Indiais the result of many factors which have been
shapingIndian politics in the post-Independence era as well as the nature of federal policy
envisaged by theconstitution. Indian constitution declares India a "union of states' but no
doubt establishes a federalstructure. The fact is that the framers of constitution were
notinfluenced by any doctrinaire ideas offederalism. Their sole consideration was that
constitution should suit the needs of the country. Theyframed a constitution which is flexible
enough to serve as a federalpolity and yet provides largepowers to the union in order to
enable it to preserve the unity and integrity of the country. It may beremarked that the
Indian Political System is an organic whole and the states are the sub-system of thispolitical
system. The Union-state relationship is just like a relationship between the parts and
thewhole and should be complementary to each other. Thus constitutionally speaking the
States havesubordinate position as compared to centre. The states have less powers and
authority in the Indianfederation. Financially also they have less resources and have to
depend on centre. One party dominance at Centreas well asin most of the states for two
decades after independence made the centralgovernment strong in practice also. The
centralised planning further helped the strengthening of thehands of centre. Nehru's
personality overshadowed the state leadership although there have beencases of some strong
states leaders who could assert their will during Nehru's time also like B. C. Royin west
Bengal G. B. Pant in U.P. and Pratap Singh Kairon, in Punjab. Conflicts did arise between
thecentre and the states but they were resolved in the part forum rather on legal plan. The
scene changedafter Nehru's death and stresses and strains in the federal polity came to the
open. The outcome ofthe Fourth General Elections of 1967 gave a boost to the autonomy
demand asit loosened thestrengthof Congress at centre and provided an opportunity to the
non-Congress opposition parties as well asregional parties to assume powerin half of the
Indian States. The federal party was put on trial withCongress at the centre and governments
of different political complexions at the state levels givingrise to many problemsand issues.
The non-Congress governments complained of the partisan role ofthe Governors and misuse
of article 356 of the constitution where by duly elected governments arearbitrarily dismissed
by the centre deployment of CRPP without the consent of the States partisanshipin locating
heavy Industries and steel plants, inadequate financial grants, biased role of central
bureaucracy and failure of the centre in not resolving inter-state disputes. Many regional
parties startedvoicing the demand for more powers to the states. The states of Jammu and
Kashmir, Kerala, Punjaband Tamil Nadu, were more vocal. The United left front government
of Kerala led by CP1 in 1967submitted a memorandum to the National Development Council
and demanded the appointment of'Special Commission' to ensure powers- DMK government,
committed to state autonomy, appointed athree member committee headed by Rajamannar
(known as Rajamanner Committee) to articulate thedemand for state autonomy. It
recommended the repeal of Articles 249,200, 203 andmodification ofthe article 252 and
readjustment of (vii) schedule to transfer residuary powers to the states. It alsorecommended
the reorganisation of Finance Commission and Planning Commission. The Committeegave its
comprehensive reportin 1971 which throws light on the union-state relationship. “The
clamourfor State Autonomy remained constant issue during the period 1967-71. After 1971
Lok Sabha elections and 1972 Assembly elections Congress re-established its hegemony but
leaders of regionalparties continued their demand for more autonomy. The Akali Dal adopted
a resolution in 1973 atAnandpur Sahib on state Autonomy and demanded that centre should
have control only on four majorsubjects i.e. defence, foreign affairs, post and telegraph,
railway and currency. The emergence ofJanata Party in 1977gave a new impetus to this
demand. AIADMK, a new regional party which came topower due to split In DMK in 1977
clamoured for states, rights on the same lines as DMK used to voice.The Akali Dal again
ratified the Anadpur Sahib resolution in 1978, CPI (M) led government of WestBengal raised
the demand with greater force in view of the Janata Party's commitment of decentralisation.It
prepared a document suggesting the devolution of powers; it also suggested amendment of
certainarticles (356. 357, 360) to impart federal character to the constitution. The Chief
Minister of WestBengal asked for a National debate to review the centre-state relations. He,
however, made clear thathe and his party were not in favour of weak centre. He took the plea
that only strong states make thecentre strong. But the then Prime Minister did not accept the
proposal. In feet Janata Party could nottake the rise of opening this issue asit, itself was
struggling for its existence due to internal factionsand ideological differences. Although party
collapsed during 1980 elections but the installation ofTelugu Desam government in Andhra
and the emergence of Janata Party in Karnataka and NationalConference in Jammu and
Kashmir added a new dimension to the demand of State Autonomy.
In the post 1980 period the leaders of the non-Congress (opposition parties)
partiesbecamemore regional in their attitudes and put forth the demand for state autonomy
in more articulated manner. The Chief Ministers of Southern States Andhra (N.T. Rama Rao)
Karnataka (Hegde) and TamilNadu (Karunanidhi) formed a 'southern conclave' to raise the
issue and with other opposition leaders(Farooq Abdullah (J&K), Barnala (Punjab), Mohanto
(Assam) formed a‘opposition conclave' to safe-guard their rights. These conclaves held at
Srinagar in Oct. 1983 issued a consensus statementseeking a full review of centre-state
relations and called upon the people to save the country fromdisintegration by halting the
dangerous drift due to the centralisation of powers and distortion ofconstitution. It suggested
the amendment of article 356 which has become the main source of Interference in the
opposition led governments In the states. It emphasised that cultural, pluralism in
Indiashould be preserved. It was during this time that central government appointed the
Sarkaria Commissionto review the Centre State relations. The Commission gave its report in
1987 but its recommendations have not been implemented.
It was during this period that Akali Dal launched Dharam Yudh Morchain 1982. The
maincharge of Akali Dal against Centre was that Justice has not been done to Punjab while
doingreorganisation of the state. They said that most of the Punjabi speaking areas have
been left outsidePunjab, Chandigarh which was the capital of Punjab, has been made a
union territory, the administration of water dams have not been handed over to Punjab.
Further they complained that discriminationis being done to Punjab while granting economic
assistance or setting up any heavy Industry in theState. In 1985 an agreement was signed
between the then Prime Minister Rajiv Gandhi& Sant HarchandSingh Longowal, the then
President of AkaliDal. But the agreement could not be implemented in-totoalthough popular
government wasinstalled in the state.
It is quite clear from the above facts that there have been strains and stresses in the
UnionState relation and states have been raising this demand from time to time. Thus one
reason for thisdemand has been the weak constitutional position of the states.
Second the autonomy demand has its seeds in the growth of regional parties. The
regionalparties and their leaders strengthen their support base by persistently demanding
state autonomy forthe states or for smaller regions within the states. They generally take
recourse to the Infra-structuralelements operating at the states. Sometimes they become so
militant that they even go to the extent ofdemanding secession from India. For this they
exploit the regional sentiments of the people. Any ofthe regional factors like religion,
language, culture, ethnic considerations or the geographical continuity can be a tool. The
stateleadership of the national parties can also exploit these factors but it hasits limitations
because it gets powers from the central leadership.
This makes it clear that autonomy demand has socio-cultural basis and politico-
economic determinants. India is a land of diversities comprising of various sub-nationalities
marked by culturalpluralism which mainly manifests itself in regionalism, linguism, religion
and caste. The demand forstate autonomy is also the reflection of these sentiments though
the basis of these sentiments differs indifferent states.
The historical setting of Tamil Nadu reveals that the differences between Brahmins
and non-Brahmins were sharper, in Tamil Nadu than in any other part of India. The non-
Brahmins elite of TamilNadu inculcated among the masses the idea that the Brahmins were
from the Aryan stock who came toIndia from Central Asia whereas the non-Brahmins and
the Harijans were from the Dravidian stock whowere the original inhabitants of the Indian
subcontinent. Brahmins enjoyed important position in thepolitics of Madras Presidency
during the British rule. Brahmins were economically well-off. A largesection of them were
owners of land. The feeling of material deprivation was animportant factorbesides the socio-
cultural factors which led to the organisation of non-brahmins or the Dravidians,which took
the form of Dravidian movement and later flourished into Tamil Nationalism with the co-
operation of E.V.R. Naicker’s self respect movement. The autonomy demand raised by D.M.K.
has itsroots in the anti-Brahmins conflict and the Tamil nationalism, propagating Tamil
language and culture.
In Punjab the autonomy demand is motivated by religion, language and culture. SGPC
President G.S. Tohra, while speaking on this issue said India is pluralistic society with
different religionsethics groups and languages. Such a society requires a polity which would
ensure oneness of thecountry while giving the constituents sufficient autonomy so that they
can flourish according to theirculture and preserve their identity-unity in diversity. "He
pleaded that for protection of the self-Identity of nations and nationalities living in India and
safeguarding the rights and interests of minorities it wasessential that states should have
more autonomy. He however also laid stress on the economic aspectand remarked that
autonomy was also essential for the economic development of states and to remove the
hurdles in the progress of the states due to centralised planning.
Regionalism is another important fact of autonomy politics in the Indian states. The
constitution also gives formal recognition to the existence of sub-regionalism in the Indian
states by making provision for Regional Committees for the development of sub-regions
Regionalism takes many forms inthe states such as secession from the Indian union,
demand for statehood, Inter-state disputes. Secession figured prominentlyin the state politics
in case of Tamil Nadu, Nagaland and Punjab. Theformation of Meghalaya as a state within
the state of Assam, the bifurcation of the state of Bombay andPunjab are examples of the
demands for separate statehood. Sometimes regionalism takes the formof a demand for full
statehood in case of union territories. The granting of statehood to the unionterritories of
Himachal Pradesh, Manipur, Tripura and Goa are examples of such demands. The
mostvirulent manifestation of regionalism was experienced when Maharashtrains insisted for
making theMarathi speaking state carved out of Bombay state in 1960 as Maharashtra
(Great Nation). The demandfor carving out a separate state for Telangana Region within the
state of Andhra Pradesh wasanother example of sub-regional movement in state politics.
Assam witnessed a violent student movement in 1978 against the infiltration of the
foreignersfrom Bangladesh. The protestors were of the view that the foreigners would
adversely affect the already backward economy of the state and the original inhabitants will
be deprived of their rights. Aftermany years of struggle an agreement was signed between the
Central Governments and the studentleaders in 1985. It was accepted that the names of
those foreignerswho came in Assam from 1965-1971 will be removed from the voter's lists
and those who came after 1971 will have to leave Assam, InDecember, 1985 elections to the
legislative assembly were held and the students led Party, "AssamGana Parishad" secured a
majority in the state.
Economic factor is also the crux of autonomy demand. The Constitution vests the
responsibilityof effecting socio-economic development of the country jointly in the Union and
the state governments, whereas the fact is that the former has arrogated it to "itself quite
exclusively, with the resultthat the states feel highly sore. They complain that they have been
ignored in this respect. That theCentre has assumed the exclusive, responsibility of
development manifests itself in two ways. First, ithas taken over the authority to set up-
industries. It is an old story dating back to the early fifties. Witha view to developing a
consistent policy of uniform industrialization of all regions of the country, theUnion
Government has passed in 1952 the Industries (Development and Regulation) Act. Under
thisAct the Union Government would specify from time to time certain industries which can
be set up andexpanded only with its prior permission. Later on when the nation adopted
socialism, this Act provided handy to Government in effecting the policies to that end. For,
with its help it could control the ownership of the industries, ensuring that private sector
does not grab the shareunduly. The net result ofthat development was that the whole
industrialization came under the purview of the Union Government to the complete denial of
the State Governments. Commenting upon it S.P. Aiyer remarks.
“A noted authority on the Constitution of India, N.A. Palkhivala has argued that while
the Industries (Development and Regulation) Act was legitimate and reasonable exercise of
legislativepower by Parliament, its actual use had effect of subverting the Constitution, in
support of this position he points out that the Union Government has now extended its
control over all industries with afixed capital or Rs, 25 Lakh and over. Consequently, even
items like razor blades, paper, gum, shoes,matches household, electrical
appliances/cosmetics, soaps and other toilet requisites have beenbrought under the control
of the Centre.
The main grouse of the State Government is that they have not been deprived of the
authorityvestedin them by the Constitution but the Union Governments has arrogated to
itself powerin favourcertain States and to ignore the others. The party ruling at the centre
makes a reckless use of thispower with the result that those states which are ruled by its
opponents have been given a raw deal inmatters of Industrialization. Where would a steel
plant, an oil refinery, a ship yard, a locomotive factoryand the like may be installed, is a
highly controversial matter. Since they would provide employment tohundreds of people and
would help tone up the economy of the area in various other ways obviouslyeach State would
like to grab them. Therefore, these were bound to ferment controversies which inturn would
provide enough of ignition for State politicsto become active and explosive. The first earth
shaking agitation that was staged in the country over anissue of this type was the one led by
Assamese.You know that Assam contains a few of the richest oil reserves in India. With a
view to making thecountry self sufficient in oil the Government of India decided to set up a
refinery in West Bengal. It wasto refine the crude petroleum of Assam, to be brought
hundreds of miles downstream through under-ground pipelines. The Assamese when learnt
of that proposal, felt highly perturbed. Why can't thecrude of Assam be refined in Assam?
Why can't the proposed refinery be set-up in Assam itself? Afierce agitation was lead by them
which ultimately forced the Government to set-up two refineriesinstead of one.The success of
that agitation marked the beginning of the unending era of agitationsover the development
doles. The Akali Dal has been quite vocal in this complaint and similar is thecase with West
Bengal, Kerala, Andhra Pradesh and Tamil Nadu. Take for instance the case of Punjabfor
illustration purposes. Initially Punjab was industrially quite under developed. But for small
andmedium-scale industries, no industry, especially heavy industry existedin this State. The
argumentthat was often advanced in justification of that discriminatory treatment was that
Punjab is a borderstate. When Punjabis came on the warpath, industries, including the
heavy industry, were establishedin post-haste. No one argues now that Punjab is a border
State. That Union Government, which wascreating obstructions, did the job itself. This case
establishes the fact that it the Union Governmentwhich holds the key to industrialization.
The other important component of development is the finance. It is again the Union
Government which is the villain of the peace. Though the Constitution has clearly distributed
the varioussources of income to the Union and the States and has also made a provision for
the periodic reviewof the allocation through quinquennial finance commissions. The Union
Government places massiveresources at the disposal of the Planning Commission which are
doled out by it to the State Governments for development purposes. This extra-constitutional
practice has led to a good deal ofheartburning among the various State Governments. Again,
the grouse on their part is that the rulingparty at the Centre, while allocating grants, is
invariably, guided by the consideration whether or not aparticular State Government is ruled
by their own party or anyone else. Those controlled by its ownparty are unduly favoured
while those opposed to it are discriminated against.
Another irritant that has accentuated the demand for autonomy is the continuous
encroachment of the Union Government on the constitutionally demarcated administrative
and legislative Jurisdiction of the State. This process of encroachment too is legacy of the
period when the Congresssuffered a debate for the first time in the late sixties. In September
1968, the Central Governmentsemployees staged a nationwide strike, as a result of which
some violence had broken out in certainparts of the country. Apprehending danger to its
industrial and other installations, the Union HomeMinister dispatched a few battalions of
CRPF to Kerala. The CPI (M) Governments of that Stateresented that move, saying that the
maintenance of the law and order is the responsibility of the StateGovernment. That action of
the Union government was, therefore, tantamount to an encroachment onits Jurisdiction. It
argued, On the other hand, the Union Government maintained that the security andintegrity
of the country, in its final analysis, its responsibility, and that it can send its troops
(includingpara-military) to safeguard it whenever it apprehends and danger to it in any firm.
Mrs. Indira Gandhisettled the issue once for ail by providing into the Constitution through Its
42nd Amendment that theUnion Government can deploy not only the BSF and the CRPF but
also the armed forces in any Statein aid of the civil power.
In 1977, the Janata Party won Parliamentary polls and formed the government at the
Unionlevel. Two months later, it arbitrarily dissolved a number of State Assemblies. The
argument it advanced as that the latter had lost the mandate of the people. The Congress
party which had been inpower in most of those affected States movedthe Supreme Court but
without success. The SupremeCourt maintained that it was not competent to sit in
Judgement over the exercise of that power of thePresident, the reason being that it was
political in nature. Encouraged by that precedent, the newly-elected Congress Government
dissolved a number of opposition controlled State governments threeyears later. During Rajiv
Gandhi's time also article 356 was frequently used. In Punjab President's rulecontinued for
almost five years (May 1987, February 1992) at a stretch). In 1992 three BJP governments
were dismissed by Narsimha Rao government. The United Front Government not allowed
BJP(the largest group) in the state of U.P. to form government and declared President's rule
after the1996 assembly Poll in U.P.
The Peculiarity on this situation lay in the mass-scale in which the term of the state
legislatureswas cut-short. Otherwise, this type of an action is almost a normal feature. For, it
is a long-establishedpractice that whenever the Centre so desiresit can suspend/ dissolve the
legislature and can put thestate under PresidentRuleby invoking Article 356. Though the
Constitution lays down in quite unequivocal terms that the State would be put under
President rule only if there occurs a constitutionalbreakdown. The history of the last five
decades bears evidence to the fact that State governmenthave been suspended/ dissolved
more often than not, on sheer political considerations. Tapases andRamlals are always there
to oblige the rulers or Delhi.
That a State government may be removed and installed at will by the rulingparty at
the Centreis too irksome for the growingly-conscious political parties. They view it with fright
and distrust andconsider it as serious encroachment on their autonomous entity.
8.3 Demands for Separate Statehood
There have been various sub-regional movements within the existing state boundaries
forseparate statehood by the inhabitants of the sub-regions of the protection of their ethnic,
linguistic, cultural and economic interest in the post 1980 period. We would briefly review
some of them.
(a) Demand for Bodoland
The Bodoland movement was launched under the leadership of all Bodo students
union by theBodo tribe within the state of Assam to protect their separate culture, language
and economic interests.The Bodos feel that they have been exploited and suppressed by the
high caste Assamese rulers andalso have been deprived of their legitimate rights in their own
homeland. The Bodos are the mostsignificant part of the vast Bodo-Kachari group of
mongoloid origin living in the State of Assam. Thetribal groups are the original inhabitants of
Assam. They have also maintained their distinct ethnicidentity. The Bodos constitute a
significant proportion inthe plain districts of Dubhri, Kokrajhar, Bongaigaon, Goalpara,
Barpeta, Nalbarl Kamrup, Darrang and Sonitpur. They are concentrated in theundivided
Kamrup district Darrang and Goalpara districts of Assam. They constitute about 37.5
percent of the total tribal population Enthologically, The Bodo race has spread from the
Furiiaa district ofBlhar to the comers of the Brahamputra river up to Sadia in Arunachal
Pradesh.
The Bodos had initially presented their demand in the seventies for recognition of their
linguistic and cultural identity. The movement was opposed by the upper-caste Assamese
ruling class andwas suppressed by the Congress (1) government. During AGP (Assam Gan
Parishad) rule the Bodoquestion remained neglected although the leaders of the All Bado
Students Union (ASSU) were oncethe activists of the Assam movement and friends of the
AGP top leadership. As a result the Bodosbecame restless and became hostile to AGP and
launched agitations to protect their rights. Under theleadership of middle class backed ABSU
the Bodos raised the slogan. "Divide Assam fifty-fifty" fiftypercent for ths Bodos and the rest
for others. By early 1987 the Bodoland movement gained momentum. On March 2,1987 the
ABSU and the Bodo Peoples Action Committee (BPAC) combine demandedthe establishment
of a separate Bodoland with the status of a union territory for the plains tribals ofAssam.
Two more demands were made along with the demand of separate Bodoland. One
wastheextension of the provision of the sixth Schedule of the Constitution to the tribal
Compact Areas in theSouthern band of Brahmputra. The second was the creation of District
councils in such tribal compacts and naming the propsed territory as Bodoland. The
movement became violent during the end ofAGP rule. Bandhs, bomb blasts, arson and
alleged intimidation of non-tribal residents especially thepoor upper caste Assamese had
become a common feature. Under the leadership of Late Upen Brahma,the ABSU-BPSU
team, several rounds of tripartie talks with the Union Governments were held duringNational
Front government led by V.P. Singh but no solution could be found.
In 1991 the central government constituted an expert committee on the Bodo problem
underthe Chairmanship of Bhupinder Singh to make specific recommendations. The
committee submitted itsreport in March 1992 but it was rejected by the Bodo leaders.
Several rounds of talks were held andfinally on February 20, 1993 a memorandum of
settlement was signed by the Bodo leaders with theunion and state governments after eight
year old Bodo agitation. Under this agreement, a 40 memberBodoland Autonomous Council
was provided within the boundary of Assam on the understanding thatthe integrity of Assam
would be fully protected. The main objective of the setting up of BodolandAutonomous
Council was to provide maximum autonomy within the framework of the Indian constitution
to the Bodos for their social, economic, educational ethnic and cultural advancement.
Although autonomy has been granted to the Bodos but a few other organisations
continue tooppose the BAG agreement (such as United Democratic Front) and stand for the
creation of separatestate of Bodoland. The Bodo militants especially the Bodo Security Force,
the main terrorist force ofthe Bodos is still very active and has launched several extremist
operations, killing innocent people.
In Assam still another movement for creation of separate state of 'Dimaland' has been
launchedfor the Oimsa tribals living in North Cachar mils. Pockets of Kharhi Anglong district and
Nagaland.
(b) Demand of Gorkhaland
A violent movement was launched by the Gorkhas the living in the Darjeeling of West
Bengalunder the leadership of Gorkha National Leberatlon Front (GNLF) led by Subhash
Gheising in 1986 toattract the attention of State and Central governments towards the
development of their region anddemanded a separate state of Gorkha land of them. The
Gorkha are settled in the hills of Darjeelingdistrict whose mother tongueis Nepali (Gorkhali),
The official language of the bordering sovereignstate of Nepal. Nepali was the declared mother
tongue of 1.3 million people living in Darjeeling districtin the census of 1971. The demands
raised by Gorkaland movement were citizenship for all Nepal-speaking immigrants from
Nepal, the inclusion of Nepali language In the eighth schedule of the constitution and the
creation of a separate state of Gorkhaland within the Indian Union. The CPM led government
of West Bengal tried to suppress the demand of separate state of Gorkhaland which
turnedthe movement into hostile warin the district of Darjeeling in early 1986. The lack of co-
operationbetween the central and state government towards the demand of GNLF encouraged
the militant acts in the area as in other similar movements in Punjab and North East Finally
both the state and theCentral government realised the seriousness of the situation and
worked together and made an accord with the GNLF in August 1988. Under this accord a
Gorkha HID Council within the state of West-Bengal was created. The other demands were
not accepted. However the demand for inclusion ofNepali language in the English schedule
was later accepted. However the demand for inclusion ofNepali language in the English
schedule was later accepted when it was included in English schedulealong with Kankani
and Manipur by 71st amendment Act. 1992.
The Gorkhaland movement makes it clear that even now the ethno-lingulstic factors
motivateminorities to launch political movements for the protection of their cultural Identity
although the problem of linguistic reorganisation was almost settled long before. But it is not
only language which sparksthe political movement but the economic grievances play a more
important role.
Demand for the Creation of Jharkhand State
The demand of the Jharkhand state was initially made by the tribal people in South
Bihar for a tribal state. They had represented their case tothe State Reorganisation
Commission in April. 1954,even before independence they had made representation to the
Simon Commission and Cripps Mission for an autonomous Adivasi State of Jharkhand. It
was later that the 15 tribal districts of Bihar.Orissa, West Bengaland M.P. with a population
of over three crores raised the cry of Jaharkhandstate. The Jharkhand Party submitted a
memorandum in March 1973 to Mrs. Gandhi, then PrimeMinister that the tribals will never
be able to live a better and fuller life with dignity and honour underthe existing politicies and
performance of four state governments. In April, 1975 about, 1,000 Jharkhandtribals staged
a demonstration in New Delhi to focus attention on their demand. Two hundred of
themcourted arrest in support of their demand. During 1978 and 1980, the Jharkhand
groups reorganized themselves to launch a militant movement, A call to evacuate non-tribals
from the tribal areas ofChotanagpur, Santhal, Santhal Parganas and Purvilia in Bihar,
Midnaporin West Bengal, Mayurbhani,Sundargarh and Keonjhar in Orissa was given at a
secret conclave of Jharkhand workers at Ranchi onJune 20, 1980. The Jharkhand Mukti
Morcha which was formed for the achievement of their goal hadstarted talking of secession
from the Indian Union. It was alleged that this militant movement wasgetting help from
British, French, West German and Dutch missionaries. From 1980 to 1990 theirmovement
became much more militant and the various groups demanding a separate state of
Jharkhandbegan to unite and formed their Mukti Morcha co-ordination Committee. The
movement gained momentum and in 1992 Jharkhand Mukti Morcha launched 14 days
economic blockade of Bihar. Thiscaused a great loss of life and property in the state. The
central government reached an accord withthe Jharkhand Mukti Morcha agreed to form the
Jharkhand Area Autonomous Council (JAAC) for theprotection of the interest of tribals of
these areas. Such a council was created on August 9, 1995 forsix months. It was hoped that
within six months the elections to the Council will be held. The term ofnominated interim
council was extended three times and on February 6,1997 the state election commission
again recommended its extended three months. So, there was no solution to Jharkhand
issue.The Jharkhand Mukti Morcha threatened -to launch an agitation in protest against the
State (Bihar)government's alleged apathy to initiation of poll process of the council and the
problems faced by thecouncil mainly non-aliocation of Jharkhand State. Ultimately after
about 50 years of struggle for creation of separate state of Jharkhand the BJP led (N.D.A)
government accepted the demand and LokSabha passed the Bihar reorganisation Bill on
August, 2000. The state has 18 districts with Ranchi asthe capital of the new state as 28th
state.
(c) Demand for Uttarkhand (Uttranchal)
In U.P. there has been a demand for carving a separate hill state of Uttraknand on the
lines ofArunchal Pradesh and Himachal Pradesh by comprising U.P's eight hill districts-
Kashi, Dehradun,Tehri Garhwal, Chamoli, Pauri Garhwal, Almora and Nanital. The reasons
for such a demand are economic. These hill districts have been unlucky in many ways.
Political parties have not taken muchinterest in their development as these are sparsely
populated and have fewer votes. Industrial growthhas not been possible there because of the
extremely poor communication network. The region hasgreat potential for power generation
but it remains untapped. There are very little employment opportunities in these districts.
The development schemes drafted to the Unttranchal region have beenimplemented half
heartedly either on the pretext of paucity of funds or the area having a low population
density or an inhospitable terrain. The supporters of the carving of Uttranchal state argue
that thepresent level of poverty can be mitigated only when their demand is accepted. The
question of accounting a special status to the region was first raised in 1946, in 1952 it
assumed the form of movement with the support of the CPI. In the later years the movement,
however could not be carried onvigorously due to lack of political support, in 1992 it got new
lease oflife when the Uttrakhand Partycame into being to press the demand. Now almost
every political organisation in U.P. except the Congress supports the demand. The Congress
stand for an autonomous hill council as in Darjeeling. TheU.P. Cabinet (Mulayam Singh
Yadav government SP-BSP combine) approved the report of a sub-committee formed to
studythe feasibility of creating a new state. The viability of the new state with Jarsaind in
Chamoli district as its capital has been established by the sub-committee. The United Front
Government and later on BJP also supported the demand. Mean while there was some
controversy regardingthe inclusion of Udnam Singh Nagar in the proposed state. The BJP (N.
D. A) government in 200fulfilled its promise for the formation of three new states of
Jharkhand, Uttaranchal and Chattisgarh tomeet the aspirations of the people of these
regions. The bill for the formation of the Hill state of Uttaranchal was passed by Lok Sabha
on 31st July 2000 amidts protests by AkaliDal members whowalked out over Udham Singh
becoming part of the new state. Although an ally of N.O.A. governmentAkali Dal was against
the inclusion of Udham Singh Nagar in Uttranchal because the Sikh/ Punjabipeople of the
area did hot wants its inclusion in the new state because of their an did interest.
Trinmolcongress also registered its objection over inclusion of Udham Singh Nagar saying
that the migrantBenajalis wanted the District to remain part of the parent state of U.P. In the
opposition R.J.O. Smajawadiparty and C.P.M. had also reservations about the creation of
new state. The new state comprises 13districts (besides eight mentioned above Udham Singh
Nagar, Begeshwar, Champawat, Rudraprayagand Hardwar were included in the new state) as
the 27th state of the Indian union.
(d) Creation of State of Chhattisgarh
Along with the creation ofJharkhand and Uttranchal states, the N.D.A government
performed ahat-trick by creating a third new state of Chattisgarh. The Lok Sabha passed the
Madhya Pradeshreorganisation bill on 9thAugust, 2000 to the creation of Chattisgarh as the
26thstate of the Indianunion. The state has 16 districts which are as follows-Bastar, Bilaspur,
Dantawada, Dhamtari, Durg,Janjgirchampa, Jashpur, Kanker, Kawardha. Korba, Koriya,
Mhasamand, Rajgarh, Raipur, Rajnandgaom, and Surguja, Baster would be Chattisgarh's
biggest district and its cultural showpiece on account ofits rich cultural heritage. About one
fourth of the total population of Madhya Pradesh would go to thenew state.
Inspite of the creation of three new states, the debate about the viability of smaller
states andthe grant of autonomy to them still rages. The demand for creation of Vidarbha out
of the existingstate of Maharashtra is being voiced by the people as well as the politicians of
the Vidharbha area.
8.4 Secessionist Movements
Besides the demands for separate statehood, the secessionist movements have been
workingin the post 1880 period.
In fact the whole North East region comprising Assam, Nagaland, Mantpur, Tripura.
Meghalya,Arunachal Pradesh and Mizoram have been constantly in the midst of turmoil. The
reasons put forthvaried from region to region. In Assam the trouble was over the issue of
foreigners and the cry was"Indians go back". In Mizoram outlawed Mizo National Front
should to achieve its goal of IndependentMizoram and violent outbursts have been taking
place against 'Vals' or outsiders. In Mantpur a sustained derive has been made to get rid of
'mayangs' or aliens. In Meghalya, he ultras chanted 'Meghalyafor Mehgalyan Tribals' and the
slogan was raised "Kill the Bengalis". In Tripura under the TripuraTribal National Volunteer
Force the disgruntled tribals carried on their armed crusade against the 12Lakh Bengali
settlers from erstwhile East Pakistan who had made them minority in their own homeland.
The CPM government of Nirpen Chakravorty which first came to power in 1977 and again
in1983 offered to tribals an autonomus council but it was not accepted. They set up the
'Tripura Upajati.Jaba" Samiti to fight for their cause. A militant organisation called Tripura
Sena was formed with thehelp of Mizo National Front and it carried on acts of terrorism and
armed rebellion inside Tripura.Towards the late seventies an under-ground Organisation of
rebels called "NAMMAT" comprising allthe seven regions of North-East state in the region.
Two other organisations called the 'Seven UnitsLiberation Anny' and the 'United States of
Assam' were formed with the object of creating independentstate in the region through armed
rebellion. In addition the 'Amara Bengal' and the 'Anand Marg"preached 'Bengallsthan'. It
was alleged that the secessionist elements received help and militarytraining in Burma and
China. At one time it appeared that the whole north-east region will break awayfrom India.
Although this has not happened all the regions have been granted autonomy within
theconstitutional boundaries i.e. all the seven regions have been made separate full fledged
states butinsurgency and militancy has not stopped from these areas. In the 1990s new
secessionist movement have arisen. Quite often we hear reports of armed attacksin these
areas. The rebels wantsovereign Independent states outside India.
In Punjab when Akali launched Dharam Yudh Morchain 1982 for more autonomy
many secessionist groups emerged in Punjab demanding the creation of Khalisthan. The
situation became sograve that it culminated in the operation Blue Star which led to the
assassination of Prime-MinisterIndira Gandhi which further led to the anti-Sikh riots in
many parts of the country and the killing ofinnocent people in Punjab by militants and
extremists.
In Jammu and Kashmir also the secessionist forces have been quite strong during this
period.It was hoped that the installation of, popular government led by National Conference a
regional party ofJammu and Kashmir after the Assembly elections of 1996 may ease the
situation to some extent. Butthe situation did not improve. There was Kargil war and till now
the secessionist forces are working inthe area. Thus,it may be concluded that the politics of
state autonomy sometimes takes dangeroustrends which must be curbed. The state
autonomy and the demands for separate statehood within theconstitutional limits for the

1. Write any two reasons for demand of separate land.
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2. Write any two names of movements of Separate Statehood.
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protection of distinct culture, language or economic interest is understandable and
legitimate.
8.5 CONSEQUENCES OF DEMAND FOR STATE AUTONOMY

Consequences of regionalism can be divided into following headings:
1. Feeling of Separatism: The feeling of regionalism has produced the feeling of
separatismamong the people living in different parts of India which poses a serious threat to
the unity and Integrity of the country. The regions of north-east India, such as Assam,
Tripura, Manipur, Nagaland andMizoram have been the areas of violent agitations for a long
time and some such organisations havecome into existence in these regions which can be
dubbed as anti-national. Before the conclusion ofan agreement between Mizo leaders (late)
Mr. Laldenga and the Union Government In 1986, huge lossof life and property took place
due to the violent and subversive activities of Mizo National Front. InTripura, Tripura
National Volunteers (TNV) raised the slogan of an Independent Tripura. Although,
theseparatist movement has subsided in Nagaland, yet it is necessary to include the people
of Naga raceinto national main stream. Today, the voices of separatism are being heard in
Punjab and Jammu andKashmir also.
2. Violent Movements: Demand for state autonomy hag given birth to violent
movements.The people of Gorkha community living in the Darjeeling region of West Bengal
launched a 28 monthslong agitation under the leadership of Subash Gheistng to attract the
attention of the state and centralgovernment towards the development of their region which
came to an end on August 22, 1988 withthe signing of the 'Gorkha Hill Council Agreement'.
This agitation passed through many stages andduring this period, a huge loss of life and
property took place. The students of Assam launched a longmovement to get a ban imposed
on the entry of foreigners in Assam which came to and in November,1985 with the signing of
agreement between the Union Government and the agitators, Similarly, thepeople belonging
to Bodo Tribe of Assam, struggled for six years, under the leadership of All BodoStudents
Union for maintaining their separate existence and for focusing the attention of the
government towards the proper development of Kokrajhar and Nalbari regions, where they
are in majority.This struggle came to an end on February 20, 1993 with the signing of an
agreement. According tothis agreement, the central and the state governments, decided to set
up an Autonomous Council inthis region, keeping in view the special needs of Bodo majority
regions. However despite all this as aresult of racial violence that erupted In Kokrajhar
district on May, 19,1996, 50 'persons were (tilled, 65villages were burnt and about 2 lakh
persons became homeless. To get the removal of discriminationin Punjab and to protect the
interest is of Punjab, Akalis launched an agitation in 1982 which graduallyturned from
peaceful to violent agitation and this had very bad impact on the interest of Punjab
andPunjabis. The situation in Jammu & Kashmir and North-Eastern State is quite bad even
today.
3. Demand of states for more Autonomy: Although several factors are responsible
for thedemand of more autonomy for the states, but one of the reasons is that with the
granting of moreautonomy to the states they will be able to develop their regions. It is argued
that the centre does nottake proper interest in their development. The regional parties such
as Akali Dal in Punjab, NationalConference in Jammu and Kashmir, D.M.K. and A.I.A.D-
M.K. In Tamil Nadu, Telugu Desham in AndhraPradesh, Assam Gan Parishad in Assam, Left
Wing Communist Parties - Communist Party of Indiaand Communist Party Marxist are in
favour of granting more autonomy to states.
4. Demand for Separate States: The people living in the backward regions of
India havebeen demanding separate states. They are of the opinion that with the formation of
separate states,they will be able to pay more attention towards the development of their
region. It is because of thedemand for separate states met today; there are 28 states in India.
Even today the people of Jammuregion of the state of Jammu & Kashmir, people of
Telengana region of Andhra Pradesh, people ofVidarbha region of Maharashtra the people of
Bodo tribe of Assam state and people ofDarjeelingregion of West Bengal are asking for the
formation of separate states. Thus, regionalism has instigated the people to make a demand
for separate state.
5. Tension between Centre and the States: In the federal set-up of India,
tensions on avast scale are found between centre and the states. Although many factors are
responsible for thesetensions, but one of the factorsis the feeling of regionalism found in the
people. The people living in different states allege that centre is not taking any special
Interest in the development of their staleand thus, discrimination is being made with them.
Such feelings have created bitterness of thecentre-states relations in India and this had
impact on Indian Polity.
6. Formation of Regional Parties:There is hardly any state in India where
regionalpartiesare not found. There is an abundance of regional parties in every state and the
regional parties givepriority to regional interest over the national Interest. That is why in the
states where the governmentof regional party is in power, inevitably, there is tension in its
relations with the centre. The existenceof powerful regional parties in the states of Punjab,
Jammu and Kashmir, Assam, Tamil Nadu, AndhraPradesh, etc. is responsible for non-so-
cordial relations of these states with the centre. The results ofelections of the 11 thLok Sabha
are indicative of the fact that regional parties have considerable influence in different states
of India and today, their impact cannot be ignored. It seems that people belonging to different
regions have more faithin regional parties than national parties and the successof Assam
Gana Parishad in Assam, D.M.K. In Tamil Nadu, Shiv Sena in Maharashtra, Teigu Desam
inAndhra Pradesh, Haryana Vikas Party in Haryana. Samajwadi Party in Uttar Pradesh, Left
DemocraticFront in West Bengal and Kerala and Shiromani Akali Dal in Punjab are the proof
of this fact.
7. Politics of Movements: The Impact of politics of movements is increasing in
India day byday. People living in different parts of India launch movements from time to time
to attract the attentionof the central government and the Assam Movement, the Akali
Movement, the Kashmir Movement, etc.are the products of this tendency. Thus, the feeling of
regionalism has instigated "the politics of movements'.
8. Theory of the Sons of the Soil: The theory of the 'Sons of the Soil' is becoming
popularin India day by day. It has narrowed down the thinking of the people living in
different parts of India.Today, the slogans of 'Bengal for Bengalees', 'Assam forAssamees'.
'Haryana for Haryanavees' and"Punjab for Punjabees'. etc. are being raised in various parts
of India and the feeling of regionalismfound in the people living in different parts of Indiais
also responsible for allthis.
8.6 Suggestions to Minimise the Effect of Demand for State Autonomy
To do away with the effectof regionalism seems to be impossible. However, its effect
can be minimised. For achieving this objective, following suggestions should be considered:
1. Efforts for the balanced progressof different States: Itis generally seen that
economic imbalance gives birth to the feeling of regionalism. Therefore attempt should be
made to havebalanced progress of all stales of India.
2. Activities of the separatists should be dealt with strongly:The elements
demandingindependent sovereign states after secession from India should be dealt with
strongly so as to maintain the unity and integrity of our country.
3. Right Organisation of Regional Parties: There is an abundance of regional
parties inIndia and the regional parties contribute significantly in the development of
regionalism. Therefore,we should regulate the formation of regional parties so that they do
not indulge in false propaganda.
4. Establishment of Autonomous Commissions to settle Inter-State Disputes:
We havestudied earlier that many inter-state disputes also contribute to the development of
regionalism. Therefore, special attention must be given to the solution of inter-state disputes
and for the achievement ofthis objective, autonomous commissions should, be established.
5. Balanced Divisionof Powers between Centre and the States: Many people
are of theview that in India, there is unbalanced division of power between centre and the
states and as a result,there is resentment against centre among the states. Thatis why some
states make 'Demand forAutonomy'. A balanced division of powers between the centre and
the states should be undertakenfor the solution of this problem.
6. Right type of Education: Students in schools and colleges should be imparted
such aneducation which may develop nationalist sentiments among them.
7. Development of Secular Politics: Many factors influence politics in India,
which alsocontribute to the development of regionalism. Politics should be kept free from the
influence of suchfactors.
8. Redressil of the grievances of the Minorities: Several minorities which are
based onlanguage and reliy in are found in India which have many grievances against the
central government.Their genuine grievancesshould be redressed so that they do not get the
opportunity to spread thefeelings of regionalism.
9. Need to review the Federal Structure: In the context of the present
conditions, thefederal structure of India needs to be reviewed. Today what is required is a
federal structure with'Strong Centre and strong States' and not the federal structure with
'Strong Centre and Weak States'.
8.7 Summary
In the end we come to the conclusion that although, the problem of regionalismcannot
be solved fully, yet its effect can be minimised. For the achievement of this objective,
properunderstanding should be developed among the people and attention should be given to
the balanceddevelopment of this people. Along with this the political atmosphere in India
needs to be purified because the root of many evils arising out of regionalism lie in
'Unprincipled Politics.'
State autonomy means non interference of the centre in the prescribed constitutional
jurisdiction of the states and it stands for more powers and authority to run their
governments. The demand for state autonomy in India is the result of many factors. The
subordinate constitutional position ofstate in the Indian federal polity is also responsible for
this. The autonomy demand has socio-cultural basis and politics economic determinants.
India is a land of diversities composing of various sub-nationalities marked by cultural
pluralism which manifests itself in regionalism, linguism, religion andcaste. The regional
parties which are based on one or more of these factors raised the autonomydemand in their
respective areas. The demand for state autonomy expressed itself in various formssuch as
more powers for states especially in financial sphere, amendment of article 356, demands
forseparate statehood within the sub-regions of states either on the basis of language, region
or economicdevelopment of the area. The economics factor became more important in the
post 1960 period aslanguage was in the Pro 1980 period. Although other factors also
initiated. The separate statehooddemands in both the periods cases took the forms of
successionist movements in North East regionand Jammu & Kashmir.
8.8 References
1. Bombwall, K.R. National Power and State Autonomy, Meenakshi, Meerut, 1979.
2. Chandrashekhar, S (ed.) Indian Federalism and Autonomy, B.R. Publishing,
1988.
1. Bombwell, K.R. National Power and State Autonomy, Meenakshi, Meerut, 1979.
2. Chandra Shekhar, S. (ed.) Indian Federalism & Autonomy B.R. Publi.
1. Analyse the reasons for the state autonomy demand in India.
2. Discuss the factors which fed to the creation of Jharkhand state and the state of
Utranchal.
&&&&
Lesson-9
UNION EXECUTIVE- THE PRESIDENT
Structure
9.0 Objectives
9.1 Introduction
9.2 Basis of President's Authority
9.2.1 Moral Basis
9.2.2 The Political Basis
9.2.3 Constitutional Basis
9.3 Judicial Opinion
9.4 The Presidency: An Inside View
9.5 President's Actual Role: An Overview
9.6 President as Nominal Executive Head
9.7 References
9.9 Model Questions
9.0 Objectives
The objective of this lesson is to acquaint you with the basis of President's authority
and his actualposition in the Indian Parliamentary system. After going through this lesson
you should be able to:
• analyse the powers and position of President;
• explain the method of election of President'; and
• discuss the President's authority and actual role which is that of nominal
executive.
9.1 Introduction
In the last lesson you have studied the federal nature of Indian politics with federal
structure. India hasadopted British parliamentary system of government. In parliamentary
system there are two types of executives - nominal and the real. In this lesson we shall
studythe office of the President of India who is thenominal head according to British
parliamentary system. But in India President is elected head and not ahereditary monarch
like Britain. It will be our endeavour to analyse as what authority and influence does
thepresident exercise In India's democrative republican federal system.
9.2 Basis of President's Authority
The powers and position of the President in Indian political system have been the
subject of acontinuing debate among scholars, statemen, and jurists alike. After serving
nearly two terms in theoffice, President Rajendra Prasad himself had misgivings about the
scope of the President's powersunder the Indian Constitution, to these misgivings he gave
public expression in an address to the Indian Law Institute in 1960' asking that body of
lawyers to study the true position of the President under IndianConstitution.
There have been two views on the Presidency (before the enactment of the 42nd
AmendmentAct), first the lawyer's view, which regards Presidency as an Independent organ of
power and secondly,the empirical view, which seeks to interpret the constitutional provisions
In the light of political realitiesand compulsions and assigns to them a role which was best
summed up for the British Queen by WalterBagehot, namely a role confined to the exercise of
three rightsthe right to be consulted, the right to encourage and the right to warn.
The lawyer's view was ably and forcefully put forth by K.M. Munshi, a member of the
ConstitutionDrafting Committee, a jurist, a statesman, a scholar of the highest order, in this
booklet 'President underthe Indian Constitution', first published in 1963. This book was in
fact a sequel to the aforementionedspeech of the President Rajendra Prasad and its main
argument is that the President representing thewhole country is an independent organ of the
state and endowed with a number of specific andsuperministerial powers, he has been made
at once the protector of Fundamental Rights, independenceof judiciary, autonomy of States,
and of the country in a national emergency. Munshi said in conclusion,that, "It is the
presidential authority that keeps country and the people constitutionally bound together,
forthe whole country his authority runs like a golden thread throughout the Constitution."
There are in fact quite a large number of lawyers, judges and politicians who share
this view ofthe Presidency. Justice P. B. Mukherjiof the Calcutta High court wrote, that the
Indian President "is anindependent Institution with independent authority and independent
functions." In his Sundararn Chettiarmemorial lecture. Justice M.M. Ismail of Madras High
Court argued that the Indian President is not afigurehead and that - a vast reserve power is
left In the President and the Governors to act according totheir own judgement, even
disagreeing with the advice tendered by the Council of Ministers'.
The above view of the Presidency is derived from a number of sources, (i) moral (ii)
political, and(iii) constitutional.
9.2.1Moral Basis
The moral basis of the President's authority is found in the oath which he has to
subscribe towhile assuming the charge of the office. He has to swear (In the name of God) or
affirm solemnly and(a) he will faithfully execute the office of President of India and (b) he will
to the best of his ability preserve,protect and defend the Constitution and the law and (c) that
he will devote himself to the service and well,being to the people of India.
According to K. M. Munshi the President is bound by his oath to "maintain the
Constitution againstin roads from whatever quarters it may come". As such he is entitled:
(a) to suspend parts of the Constitution in an emergency when in his opinion he
thinks itproper to do so ;
(b) to obtain the opinion of the Supreme Court on any question of law or fact, or
such a natureand of such an importance that he considers it expedient to do so;
(c) to appoint the attorney General to serve during his pleasure and give him
suchremuneration as he may determine so that in conceivable circumstances he
mightreceive independent advice on constitutional matters (Art. 76).
While considering the moral duty of President the question arises that if there is a
conflictbetween the advice tendered by his ministers under Art. 74 and his duty flowing from
his Oath of office what action the President will take? After the enactment of the 42nd
Amendment Act the President isbound by the former because he is legally bound to accept
the advice tendered by the Council ofMinisters. Previously many writers were of the opinion
that he could reject the former.
9.2.2The Political Basis
The political basis of President's powers is said to derive from the method of his
election and alsonegatively, from the provisions relating to his impeachment. According to K.
M. Munshi, the nature of theprocedure by which the President is elected, discloses his
importance in the scheme of the Constitution, it shows that "he represents the people of
India, as against the Union Ministers who representonly the majority party in parliament
thus making him not only the head of the Union but the concreteembodiment of the Union".
It will be recalled that the President is elected by an Electoral College consisting of :-
(a) the elected members of the both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States, each ofits
members havingmultiple vote, determined as follows :-
(i) Every member of State Legislative Assembly shall have as many votes as there
are multiple ofone thousand in the quotient by dividing the population of the
State by the total number of the electedmembers of the Assemblies that is
Population of the State. Total number of elected members ofthe Assembly that is,
Population of the State
—-————-————-—————————————— x 1000
Total! number of elected members of the Assembly
(ii) Every member of either house of Parliament shall have such number of voter as
may be-obtainedby dividing the total number of votes assigned to the members of the
Legislative Assemblies of theStates by the total number of elected members of both houses of
Parliament; thatis :-
Total number of votes assigned to the members of the Legislative Assemblies of all the States
Elected members of both Houses of Parliament
The formulas aims' at securing (I) that there shall be uniformity in the scale of the
representation ofthe different States and (ii parity between the State as a whole and the
Union.
The following statistics relating to Presidential elections illustrate what has been said
above.
1952 1957 1962 1967 1969 1974 1982 1987 1992 1997
Total 4,057 3,697 2,920 4,131 4,191 4.406 4,600 4,609 4,748 4,833
Member-
ship of
Electoral
College
(774+3826) (771+3919) (776+3972) M.P.s 776
M. P. 8+M.L.As M.L.A.s 4058
Value of 494 .. -- 576 576 723 702 702 702 708

votes of
each M.P.
Lowest 7 -- -- 8 8 9 7 7 7 7
value of vote
of an M.L.A.
(Coog.) (Nagaland) (Sikkim)
Highest 145 .- -- 174 174 208 208 206 208 208
value of vote
of an MLA
Madras (UP) (UP) (UP) (UP) (UP) (UP) (UP)
Number of 5 3 3 17 15 13 3 4 2
Candidates
Value of 590502 N.A. N.A. 5,61879 8,49,466 10,86.973 10,37.828 1,089,723
votes of the 10.86.263

E.C.
Value of 3,45,251 -- -- 4.30.651 4,30,874 8,43,290 8,43.628 4,96.586 8.44871 *
MLA's Votes
In the Presidential election of 1974, the nomination papers of all but two of the
candidates wererejected by the Returning Officer as these did not fulfill the requirements of
first introduction in thiselection, namely, that the nomination paper should be signed by ten
electors as proposers and anotherten as seconders. There was another innovation namely the
requirement of a security deposit of Rs. 2.500 by every candidate. These measures were
adopted so as to provide an effective curb on frivolousnominations for the Presidential
election, and they had the desired effect. In 1977, Sanjiva Reddy waselected President
unanimously by the Political parties. Hence there was no election.
The Constitution further provides that the election of the President shall be held in
accordance withthe system of Proportional Representation (PR) by means of single
transferable vote.
As a matter of fact PR is applicable only when more than one candidate are to be
elected and in caseof the Presidential election PR is manifestly inapplicable, As it has worked
out in actual practice, themethod should be described as one of the alternative to preferential
voting.
Under this system every voter is entitled to cast as many votes (in order of preference)
as there arecandidates. The winning candidate must secure the quota determined as follows:
Total Votes cast (valid)

--------------------------- +1
Number of Seats + 1
Thus, in the 1974 presidential election the total value of valid votes cast was 9,54,783.
Therefore, theprescribed quota was
9,54.783+1
—————— = 4.77.392
1+1
If in the first count, no candidate is able to obtain the prescribed quota of votes; the
votes of thecandidates standing at the bottom of the scale in the first count are transferred to
the other in accordancewith the second preferences indicated therein. If still no candidate
obtains the requisite quota, thecandidate now at the bottom is eliminated and his votes
transferred in a like manner among the others.This process of elimination and transfer goes
on until a candidate emerges with the requisite quota.
This process can be illustrated by reference to the fifth Presidential election, the first
time when nocandidate could be successful in the first count.
The fifth presidential election was in a sense a mid-term election, caused by the
sudden death ofPresident Zakir Hussain. The Congress nominee for the office, N. Sanjiva
Reddy was chosen by adivided vote in Congress Working Committee, the Prime Minister
being on the losing side. The choicealso upset the Vice-President V.V. Giri, who relying upon
conventions of the past had looked forward tohis own promotion and as such presumed that
he was the natural choice, Giri was the acting Presidentand it was somewhat baffling as to
whom should be addressed his letter of resignation, the office of theVice President being
vacant at the moment. Parliament hurriedly passed legislation to provide for line
ofsuccession in case both of the offices of the President and the Vice-President were vacant.
Giri enteredthe frayfor the Presidential poll as an Independent candidate. The Prime Minister
piqued at CWCdecision declared that there should be no party whip for Congressmen who
should be free to voteaccording to their conscience, in the circumstances a large number of
Congressmen MPs and MLAsvoted in favour of Giri as against the official Congress candidate,
Reddy. There were 13 other candidatesbut as many as five got a duck each. The Electoral
College of 4191 of whom only 4137 participated invoting. The result of the first counting is
shown below:
Votes
Candidate's Name Union State Value Percentage
V. V. Giri 359 1561 401,515 47%
N. Sanjiva Reddy 268 1325 313.648 38.6%
C.D.Deshmukh 101 408 115,789 13.5%
Others 6 39 8,506 1%
Invalid 9 71 .
Absent 5 40
Total 748 3443 839.337
As no candidate was able to secure the prescribed quota of votes, (fixed at 412.118)
secondpreference of electors had to be scanned. All the candidates besides Giri and Reddy
had to be eliminatedand their votes transferred. These included Deshmukh and seven others.
These other's poll wasinsignificant and only ballots of the value of271 votes were transferred
to Giri and those of 333 to Reddy.The votes transferred are shown below:-'
!n favour of V. V, Giri In favour of S. Reddy
Ballots Votes Ballots Votss
MPs 7 4,032 92 59.992
MLAs 97 14,259 299 38,557
Total 104 18,291 391 91,549
The final tally of votes wae as follows:
Ballot
Union State Votes Percentages
V.V.Giri 365 1,648 4,20,077 50,92%
N.S. Reddy 360 1,534 4,05,427 49.08%
It will be observed fromthe above figures that in the second count Mr. Reddy added
more votesthan Mr Giri though he could not wipe out his first count deficit, leaving Mr. Giri
the winner. But it ispossible under this system that a candidate losing in the first count may
win in the final count. Anotherfeature of this system is that it ensures that the winning
candidate secures more than half of the votes; aminority President is ruled out. It is,
therefore, obvious that the President in India is elected by a methodwhich is tantamount to
direct election on adult franchise.
In 1992 election held on July 13. Dr. Shankar Dayal Sharma was elected as the tenth
President ofIndia. Total 10,43,387 votes were polled. 17.199 were declared invalid. There
Congress (I) candidate, Dr.Shankar Dayal Sharma polled 6.79,864 (64,78%) votes and the
opposition candidate Sh. G.G. Swellpolled 3,48,485 (33.21%) votes.
In the 1997, elections held on July 14. Mr. K. R. Narayanan the former Vice-President
was elected asthe first Dalit President in 50 years of Independent India, defeating a former
Chief Election Commissioner.Mr. T. N. Seshan. Mr. Narayanan polled the highest votes in all
presidential elections held so far bysecuring 91.4 percent of the votes polled with a vote
values of 9,56,290 as a result of support fromvirtually the entire political spectrum. He got a
support of 4.321 in an electoral college with an effectivestrength of 4,833 the Parliament and
27 assemblies. Mr. Narayanan became the consensus candidate ofmajor political formation
the United Front and the Congress as their joint nominee. The main oppositionparty, the BJP
and its allies also decided to support his candidature except the BJP's ally the ruling-Shiv
Sena in Maharashtra alone chose lo support the former Election Commissioner T.N. Seshan
for thePresident's office. Mr. Narayanan's victory therefore, was a foregone conclusion. Mr.
Seshan sufferedthe humiliation of loosing, his deposit polling 4.08 percent votes with a vote
value of 50,631. He got 240votes, mostly those belonging to the Shiv Sena (83,910 votevalues
was needed to retain the Securitydeposit). Invalid votes accounted for 3.8 percent. The
turnout was more than 95 percent (In respect ofMPs. It was 95 and that of MLAs 96 percent).
A total of 4,643 elected representatives out of total of 4,833of the electoral college cast their
votes in the election (737 of the 776 elected MPs and 3,908 of 4058MLAs exercised their
votes). Mr. Narayanan was sworn in as the 11th President of Independent India on25th July.
1997.
In August, 2002 Presidential elections, Dr. A.P.J. Abdul Kalam was elected as the 12th
President ofIndia, He got 4152 (69.58%) votes out of total of 4896 of the electoral college. His
opponent ShrimatiLakshmi Sehgal got only 459 (10.42%) votes.
It is claimed on the basis of this election procedure that the President who is elected
on such a widebasis cannot be a figured head. In any case he cannot be regarded as mere
replica of the Britishmonarch who inherits the office whereas the Indian President is elected
to it by a method approximatingto direct popular election.
This argument to reinforced by the provision of the Indian Constitution relating to the
impeachment ofthe President (Art. 61) which according to K. M. Munshi indicates that there
Is a sphere of action inrespect of which he is personally responsible (and) negative the
contention urged bysome Jurists that inall matters he is under legal obligation to accept the
aid and advice of the council of ministers.
Mrs. Pratibha Devi Singh Patil was elected as the 13thPresident of India. (Technically
she is the12th President with a terms of 13th President as Dr. Rajendra Prasad enjoyed two
terms a President).On July, 25,2007 Mrs. Patil became the first woman to head the Indian
Republic.
Mrs, Patil defeated heropponent, Mr. Bhairon Singh Shekhawat by a margin of
3,06,810in an electoral college having votes valued at 10.98 lakh in a keenly contested
election.
As a candidate of United Progressive Alliance and left parties Mrs. Patil secured 65.82
percentof the total votes cast, while NDA supported candidate Mr. Shekhawat polled 33.16
percent votes.
The table below shows the vote polled by the two candidates. ,
Mrs. Patil Mr. Shekhawat
Votes Polled 2931 1449
Votes Value 638116 331306
Votes Percent 65.82 34.18
MP Support 442 232
MLA Support 2489 1217
The breakup of votes is given below:

State Mrs. Patil Mr.Shekhawat
Karnataka 83 82
Bihar 89 145
UP 251 52
Delhi 50 19
AP 223 2
J&K 77 6
Gujrat 57 123
Haryana 74 7
Jharkhand 49 28
Himachal 47 20
Kerala 132 120
Maharastra 223 58
Manipur 55 5
MP 53 162
Assam 92 20
Meghalya 49 06
Tamil Nadu 171 59
Rajasthan 63 134
Chattisgarh 37 51
Orissa 46 51
Goa 25 14
Sikkim 31 01
W. Bengal 256 0
Mizoram 14 0
Tripura 57 0
Arunachal Pradesh 58 1
9.2.3Constitutional Basis (Powers of the President)

The Constitution vests in the President a vast plenitude of power in every sphere of
government,legislative, executive, Judicial and financial. The executive power of the Union is
vested in him, as also thesupreme commander of the defence forces of the Union. All
executive action of the Government of Indiais expressed to be taken in the name of President.
He makes rules for the more convenient transactionof the business of the Govt, of India, and
for the allocation among Ministers of the said business. He hasthe power to grant pardons,
reprives, respites or remission of punishment in all cases (a) Where thepunishment or
sentence is by a court martial (b) Where the punishment or sentence is for an offenseagainst
a Union Law, and (c) Where the sentence is a sentence of death. He appoints the Prime
Minister,the Minister, Governors of States, Judges of the Supreme Court and High Courts,
Amassadors andother diplomatic envoys, Chairman and members of the Union Public
Service Commission,Attorney General of India, Auditor General of India, Chairman and
members of statutory commissions,like the Election Commission, Finance Commission,
Official Language Commission. Commissioner forSchedulad Tribe and Scheduled Castes etc.
He also appoints the Chiefs of Army, Navy and Air Forceand may make a declaration of war
and peace. He has important powers and function in relation to thecomposition and working
of the Parliament such as summoning and proroguing the Parliament, sendingmessages,
making addresses to either or both houses of Parliament, dissolving the Lok Sabha,
andfinally, assent to laws. When a bill has been passed by the Houses of Parliament, it
ispresented to thePresident who may eitherassentto the bill or withhold assent therefrom
(veto simpliciter) to return the bill'or reconsideration (if it is not a money bill). He can even
issue ordinance during intervals of sessions ofthe Parliament. The ordinances have the same
authority and effect as the laws made by the Parliamentand the ordinance making power of
the President is co-extensive with the legislative power of theParliament. The President
nominates 12 members of Rajya Sabha and 2 Anglo-Indian to the Lok Sabha.
All money bills introduced m the Lok Sabha must have his prior approval.
The Constitution originally provided that "there shall be a Council of Ministers with
the Prime Ministerat the head to aid and advice the President in the exercise of his functions"
(Art. 74) (1).
Earlier it was nowhere stipulated that the advice of the Council of Ministers shall be
binding on theresident.
The Forty-second Constitution (Amendment) Act expressly binds the President to the
advice of thePrime Minister and his Council of Ministers. The amended Article 74 which now
makes it obligatory onthe part of the President to function and act on the advice of the
Council of the Ministers reads asfollows :-
"There shall be council of Ministers with Prime Minister at the head to aid and advice
the Presidentwho shall in the exercise of his functions, act in accordance with such advice".
It must be mentioned that even without his express clarification, the judicial view of
the President'spowers and his actual position has consistently been that he is bound by the
advice of the Council ofMinisters and that he cannot act contrary to that advice or without it.
The reason being that the Indianconstitution establishes a parliamentary form of government
and the central point of Constitution is theresponsibility of the cabinet to the Lok Sabha, the
lower house of the Parliament. The President's refusalto abide by the advice of the Prime
Minister will be followed by the P.M.'s resignation. The search for analternative government
will be futile for the majority is presumably with the outgoing P.M. There will be noalternative
but dissolution of LokSabha and reference of the whole question to the electorate.
ThePresident's action will thus, become the sole electoral issue and if the electorate were to
favour the P.M.rather than the President, the result might be disastrous for the latter.
Therefore, in all ordinarycircumstances there is no option for the President but to accept the
advice of the ministers. Whilepresenting the draft Constitution in the Constituent Assembly,
Dr. Ambedkar stated his position thus:-
The President occupies the same position as the King under the English Constitution.
He is the head of the State but not of executive. He represents the Nation but does not rule
the Nation. His place inthe administration is that of a ceremonial device. The President of the
Indian Union will be generallybound by the advice of the ministers. He can do nothing
contrary to their advice nor can he do anythingwithout their advice."
The 42nd amendment has brought a change in the legal position of the President,
Formerly thePresident was not legally bound to act in accordance with advice ofthe Council
of Ministers though inpractice he acted on its advice. The 42nd amendment removed this
legal lacuna by amending Article 74and provided that the President shall have to act on the
advice of the Council of Ministers. This hascleared all doubts about the doctrine of
'Independent president supported by some Constitutionalistsand Politicians earlier. Dr.
Rajendra Prasad as President of the Constituent Assembly drew attention tothis legal
lacunas in the Constituent Assembly to the fact that there was no provision in the
Constitutionwhich bound the President to act in accordance with the advice of the ministers
and when told by Dr.Ambedkar that the "aid and advice" clause would serve the purpose. Dr.
Prasad insisted that "we musthave that clearly put somewhere. This being not done H. V.
Kamath lamented 'nowhere in the DraftConstitution has this point been clarified', and Dr.
Rajindra Prasad in his concluding speech remarkedthat "some people think that too much
power has been given to the President". Thus, the forty secondamendment has made this
point clear which was previously implied in Article 74.
The 44th Amendment to the Constitution again amended clause (i) of article 74 of the
Constitution toprovide that the President may require the Council of Ministers to reconsider
any advice tendered by itand the President shall act in accordance with the advice tendered
after such reconsideration. Thisprovision has given. So the President the power to consider
the decision taken by the Council of Ministers and give this suggestion to the Council of
Ministers though he will be bound to accept the reconsidereddecisions.
From the above analysis of the Constitutional position of the Presidentit is clear that
the President'spowers are formal and not real. For example, he cannot ordinarily have any
discretion in the appointmentof the Prime Minister; the convention has developed that the
leader of the majority party in the Lok Sabhamust be commissioned for this office. He must
select a person who can command the confidence of theLok Sabha. In the exercise of his
function the President must abide by the Prime Minister.
Abnormal Situation
However, if the Prime Minister's position is shaky, and the party is rendered ineffective
by internalfunctions and squabbles or country's mood is one of the criticism and scepticism
towards the governmentor the government keeps itself in power by dubious means the
President vis-a-vis the Prime Minister mayacquire a posture of authority and supremacy. He
may even play an active rolein political affairs as didGeorge V in England in 1910-11 or in
1930-31. K. M. Munshi has listed a number of super-ministerialpowers of President where
the Prime Minister, could not relled upon to advice him. Such powers,according to him
include;
(i) appointment of Prime Minister when no party gets absolute majority,
(ii) dismissal of a Prime Minister who does not enjoy leadership of his party.
(iii) dismissal of the House of the people, which appears to the President, to have lost
the confidence ofpeople: and
(iv) the exercise of powers as the supreme commander in an emergency where the
ministry has failed todefend the country.
Appointment of the Prime Minister: There are all extreme measures applicable in extreme
situationwhich, in Indian condition, has not been very common till the dominance of
Congress party. It can be saidwithout hesitation that in situation of political instability and
uncertainty when no party is in absolute,majority in the legislature or the majority party is
not unanimous in its choice of a leader, the initiative inministry making may pass on to
President. The initiative taken by George V in 1931 in the formation of anational government
under Ramsay Mackonald is a case in point from the British constitutional history.
When the party situation in the house does not directly Indicate an obvious choice,
there are fourcourses open to the President:
I. He may invite the leader of the largest single party and induct a minority
government into office. Afterthe 1996 Lok Sabha election, President Shankar Dayal Sharma
invited Atal Bihari Vajpayee, the leader ofBJP largest group in Lok Sabha although he had
not the requisite support of other parties and gave himfifteen days time to prove his majority
in the house. At that time the United Frontunder the leadership ofDeve Gowda also staked its
claim to form the government with the outside support of Congress-I. ButPresident did not
accept the United Front's claim ashe was not sure of the Congress support. When Former
PM Atal Bihari Vajpayee could not prove this majority on the floor of the house and he
resigned and thePresident invited Deve Gowda to form the coalition government. But before
giving invitation he called theleader of Congress (I) P. V. Narisimha Rao and satisfied himself
that the Congress (I) will support theDeve Gowda government. Earlier the Congress (I) had
sent a written note also to the President about its support to the United Front government
President gave 12 days to Mr. Deve Gowda to prove his majority in Lok Sabha which he did.
Again in 1998, President K. R, Narayanan invited Atal Bihari Vajpayee. Theleader of the
largest party BJP to form the government. But he ensured that he had the requisite
majorityand support from other coalition partners. Same principle was applied after 1999
elections when AtalBihari Vajpayee was invited to form the government.
II. The President may take the initiative in forming a coalition of principle parties.
In such a situation,what may be called a consensus. Government, can be stalled by the
President with his own nominee asthe head of the caretaker Government. In such
circumstances, the President may well become aninfluential figure. The proposal of some
kind of a national government of different political parties underthe leadership of consensus
leader was being made when the Prime Minister Charan Singh resignedbefore facing the
confidence motion in the Lok Sabha on August 20,1979. However, the proposal couldnot
materialize and the Lok Sabha was dissolved a little later. Again after the 1989 election when
theminority government led by V.P. Singh had to resign. President Venkataraman
recommended a nationalgovernment comprising of the main political parties but the proposal
did not materialize.
III. He may recognise a coalition of parties having majority support and invites its
leader to form agovernment, or refuses to recognise such a coalition, Y. B. Chavan, also failed
to form an alternativegovernment, the President Neelema Sanjeeva Reddy recognized Charan
Singh as the leader of thecoalition of the Janata (S) (the break away group of the Janata);
and the Congress (Congress SwaranSingh faction). The coalition parties, also got the support
of the Congress (I) from outside; Asa result ofthis recognition, Charan Singh was invited by
the President to form the first coalition government at theCentre. The President, however,
asked the Prime Minister to prove his majority in the House, latest by thethird week of
August (which amounted to approximately a period of twenty four days). As you may beaware
of, Charan Singh, in view of the withdrawal of support from the Congress (I). Party, decided
totender the resignation of the government on the very day, he was to face the confidence
motion in thehouse and advised the President to dissolve the Lok Sabha to hold fresh
elections. After 1989 generalelections President Venkataraman recognised a coalition
(National Front) although a minority and invitedits leader V.P. Singh to form the Government
with the outside support of BJP; and left parties. Again in1990 when 'this government
resigned, he recongnised Janta Dal (S) and invited its leader Chandra Shekharto form the
government with just 54 supporters withthe outside support of Congress (I).
IV. The President may simply wait and let the political situation crystallize which
itself may haveconsiderable political consequences for the fortunes of rival claimants.
Dismissal ofthe Prime Minister: The Ministers, including the P.M. hold office during the
pleasure of thePresident. As said earlier, they are collectively accountable to the Lok Sabha
which means that adversevote in the Lok Sabha may bring about their downfall.
The extent of the President's power in this regard is, therefore, debatable. It may be
said that "So longas the P.M. has the support of a majority in that House, and so long as the
Ministers enjoy that confidenceof the P.M. the President is powerless to remove them from
office." The consequences of suchdismissal could be momentous, but the power of dismissal
is not altogether defunct. If is reportedthat "in August 1963 President Radha Krishanan had
some secrel hobnobbing with the CongressPresident (Kamaraj) and desired to have Nehru out
of the Prime Minister's office." Major Datta, AOC toPresident Radha Krishnan notes that
there wassome plan of replacing the Government though he does not state what hand the
President had in it. He writes, "I got the impression that a war council comprisingsome
retired generals & headed by the President was tobe formed, Nehru and Menon were to be
askedto resign and go among the people and restore their confidence in the destiny of the
nation, which theyhad jeopardized."
This event, even if not factually correct, does "offer a striking constitutional moral;
namely, that internal dissensions within a party will always to be the advantage of the
President." The apprehensionthat if Reddy elected in 1969 the old guard of the Congress
stalwarts, nicknamed the Syndicate, may usethe President to remove Mrs. Indira Gandhi was
widely shared. It is this apprehension that probably lentthis selection an unusual
significance in the game of power politics.
Dismissal of Ministers:Constitutionally the Ministers hold office during the pleasure
of the Presidentbut actually they cannot remain in office if they have lost the confidence of
the P.M. As in the case ofappointment, so also in the case of dismissal, the Presidentcan
exercise and exert some influence. Thereal power of the President in this realm, as Laski said
in the English context, "is simply a function of thedegree to which the P.M. has made up his
mind." It means that, the decision in the last resort lies with theP.M. The President's
wishesin the matter of appointment or dismissal of Ministers, as in other matters, willno
doubt be taken into account but, "the President's influence should not be mistaken for his
power?" Onthe one hand Radhakrishnan is reported to have Influenced P.M. Shastri in not
accepting resignation ofSubramaniam and Alagesan in February 1965; they wanted to resign
from the cabinet in order to expresstheir disagreement with the government's policy on the
language issue. But in the last resort it dependson the P.M. whether or not he will yield to
the President's wishes.
Dissolution of Lok Sabha: Constitutionally speaking particularly after the enactment
of the Fortysecond amendment, the President is bound by the advice tendered bythe Council
of Ministers. Acritical situation, however, arose when the Prime Minister Charan Singh (who
was invited by thePresident to form the Government after the resignation of Morarji Desai
and the consequent failure ofY.B. Chavan to form the alternative govemment)decided to
tender the resignation of his governmentbefore seeking the vote of confidence in the Lok
Sabha, The outgoing Prime Minister, Charan Singhadvised President, Neelam Sanjiva Reddy,
to dissolve the Lok Sabha to hold fresh elections and submittedthe Written advice of his
Cabinet to this effect. The advice which would have normally been binding on thePresident
became subject of controversy in view of the fact that Charon Singh, at the time of
theassumption of the office of the P.M. was advised to prove this majority in the Lok Sabha
within astipulatedperiod. He had so far not proved this majority in Lok Sabha and had
resigned on the very dayhe was to face the confidence motion in the House therewere
divergent opinions expressed in thevarious quarters about the binding nature of the advice of
a Prime Minister who had failed to prove hismajority (even once) on the floor of the house.
Those who believed that such an advice was binding onthe President argued that President
had no option but to accept that written advice of the cabinet.
However, those who disagreed with this line of argument, contended that the
Presidentwas not bound toaccept the advice of a P.M. who, too failed to fuffill the basic
requirements for the Prime' Ministershipnamely to command the majority support of the
members in the House. These people suggested that thePresident should invite the leader of
the single largest partythe Janata Dal leader Jagjivan Ram to formthe government and
disregard the advice of the P.M. who never enjoyed the confidence of Lok Sabha. The
President took a long time in consulting the people from various walks of Iife-scholars,
politicians,lawyers, constitutional experts etc. and ultimately decided to dissolve the House
as has been advised bythe Charan Singh Cabinet. He also requested Charan Singh to head
the care-taker Government till theelection were held. One thing to remember here is that this
particular case does not show the bindingnature of P.M.'s advice, it is important to mention
that the President did not dissolve the Lok Sabhaimmediately after hewas advised about it as
he would have done if he felt that the advice of the P.M. wasbinding on him. Rather he took a
sufficiently long time in arriving at this decision. Moreover in the RashtrapatiBhawan
communique, it was mentioned that the President had taken the decision to dissolve the
LokSabha after examining the various aspects of the problem. This means that this was his
own decisionand in not inviting Jagjivan Ram to form the Government, the President did not
simply rely on the advicetendered by the Cabinet rather he discussed the matter with a large
number of people from differentquarters and then arrived at his own decision. In 1990 when
V.P. Singh resigned,there was no suitableparty or coalition which could form the government
but President was personally not in favour of dissolving lok Sabha and holding election after
a gap of one year. He allowed the formation of government byJanats Dal (S) which was a
minority; He dissolved Lok Sabha (March, 1991) after the resignation ofChandra
Shekharwhen there was no alternative but to hold elections.
These particular cases thus show that even after the 42nd Amendment to the
Constitution, it wouldbe wrong to say that President is a figure headin the Indian
Constitution. On the other hand, he definitelyenjoys discretionary powers at leastin the
extraordinary circumstances.
9.3 Judicial Opinion
In several cases the Supreme Court has held that the Indian Constitution provides for
a parliamentaryor responsible system of Government andthat under such a system, as the
Supreme Court said In RajSabha Ram Jawala Kapur versus the Statff of Punjab" the
President has been made a formal orconstitutional head of the executive and the real
executive powers are vested in the Ministers of theCabinet. In another case decided in
August, 1974, the Supreme Court observed that the President andGovernors of States save
in a few well known exceptional situations, shall exercise their formalconstitutional powers
only upon and in accordance with the advice of their Minister. In a concurringjudgement in
this case, Justice Krishnan Iyer and Justice Bhagwati held the Indian constitutional
frameworkakin to the Westminister system of Cabinet or Parliamentary government. They
said that in the light of theschemes of the constitution the functions" of the President and the
government and the "business" ofgovernment belonged to Minister and not to the head of the
state. The Judges said, "We are of the viewthat the President means, for all practical
purposes, the Ministers of the Council of Ministers as the casemay be, and his opinion,
satisfaction or decision, constitutionally, secured when his Ministers arrive atsuch opinion,
satisfaction or decision".
After the promulgation of the Constitution Prime Minister Nehru sought the advice of
AlladiKrishnaswamy Aiyar on the position of the President and Alladi statedin his opinion
dated September 20,1951 that the provisions of the Indian Constitution "make it perfectly
clear that the President isin everyrespect in the position of a constitutional monarch in
England or his representatives in the Dominions,namely the Governor General and that
there, is no sphere of functions in respect of which he can actwithout reference to the advice
of his ministers".
Speaking in the context of the controversy raised by President Prasad's speech at the
Indian LawInstitute in November 1960, Pt. Nehru told newsmen that he had no doubt in his
mind that President wasonly constitutional head; and he had functioned as such during the
past ten years. The Attorney GeneralM.C. Setalvad whose advice Nehru formally sought on
this Issue, advised that the President has to act inall matters on the aid and advice of the
Council of Ministers since the sovereignty lies with the peopleand because the people elect
parliament from which comes the Council of Ministers and not with thePresident." Speaking
in the Rajya Sabha on September 30, 1962, the minister of state for the HomeAffairs, B.N.
Datar finally closed the controversy by declaring that the President was bound to accept
theadvice of the Council of Ministers headed by the P.M. and he could not take any decision
on his own.
9.4 The Presidency; an inside View
It is interesting to recall how the incumbents of the Presidency have viewed their
actual role in thegovernment and politics of the country.
The first President of India held firmly to the view:-
(a) That the wholesale importation of the practice and convention of the British
Constitution is unwarrantedin view of the written nature of the Indian
Constitution.
(b) That there are substantial differences between the Indian and the British political
system; One iswritten, the other is based largely on conventions; one is federal,
the other is unitary; one has electedhead of the State while the other a hereditary
monarch, and so on;
(c) That there was an area of "independent authority" reserved to the President
where he need notaccept the advice of his ministers.
Nehru did not share these views. Nehru and Prasad also differed in policy on several
issues, yet thestate of friction between the two leaders never erupted into the open. As one
writer has said, this is sobecause on his part, Rajendra Prasad was not sure "whether he
could successfully make a publicissue of their differences" and Nehru had "concern for the
proprietary of public conduct. The result isthat President Rajendra Prasad acquiesced in the
primary of the Prime Minister in state affairs, in sometrivial matters as the visit to the
Somnath temple, of attending the funeral of Sardar Patel. Hemay haveacted against the
'wishes' of Nehru, but not against the 'advice' of the Prime Minister. He may
havedemonstrated with Nehru at being not taken into confidence in the matter of Thimayya's
resignationtelling the P.M. "you are laying downward precedents. A President who did not like
you could have givenyou a lot of trouble" or expressed resentment over the Government's
Tibet policy, or over corruption inhigh places, or over its food policy, but, on the whole,
President Rajendra Prasad accepted the role of theconstitutional President acting on the
advice of the cabinet in all matters. Despite his personal reservationson the principles of the
Hindu Code, he signed the relevant bills passed by the Parliament. He may have felt that
imposition of President's rule in Kerala in 1959 was not justified, yet he signed the
proclamationunder Art. 365.
Unlike Rajendra Prasad, Radhakrishnan was Nehru's personal choice. He thought that
aphilosopher king in the Rashtrapati Bhavan would enhance India's prestigein the world and
lend dignity andglamour to the office. But Nehru had reckoned with the philosophers, not
with the king, in theRadhakrishnan, As G.L Datta records.” After assuming the presidency
Radhakrishnan freely expressedhis personal views on political issues and privately sought
support for them. He pursued an ambition to play an independent role in national politics.
Nehru, however, showed little respect for opinion which wentcounter to his. There were
growing signs of friction and their relations became stiffy formal, yawning gulfwas evident
when Chinese attacked India in the autumn of 1962." It is possible that in the wake of
militarydebacle on the northern boarders in 1962 he may have thought of cashiering Nehru
but he refrained fromdoing any such thing. After Nehru's demise the president began to feel
"the way toward more and morecritical of government suggesting that the words were his
own.In his last republic day message in 1967he openly accused the government for a
widespread incompetence and gross mismanagement of ourresources." In the constitutional
crisis in Rajasthan in 1967 he seemed to sympathize with the non-Congressunited front. But
Radhakrishnan who saw three Prime Ministersin office did never dispute the right of
hisMinisters took govern wrong, though he felt free to advice, to encourage and even to warn
them.
The role of the Presidency under the Indian Constitution had more or less been settled
under the firsttwo Presidents. Dr. Zakir Hussain's brief term (1967-1969) was momentous
period for Indian politics butthe Presidency did not seem to have bad impact on the events.
The Samyukta Vidhayak Dal of MadhyaPradesh following the earlier precedent paraded its
members on the Rashtrapati Bhawan to prove-itsmajority in the Legislative Assembly but it
cannot be said with certainty whether the acceptance of theirclaim to form a government was
due to Zakir Hussain's intervention.
V. V. Giri, who succeeded Zakir Hussain in the Rashtrapati Bhawan was from the
beginningpresumed to be the Prime Minister's President. He was even dubbed as Mrs.
Gandhi's rubber stamp. Inan interview with Kuldip Nayar, Mr. Giri firmly declared "I was not
a rubber stamp and I can point outseveral instances where I differed with the P.M." This is
no doubt true but there is evidence to show thatthe Government tended to take him for
granted. When it was decided to dissolve the Gujrat Assembly hewas not even informed
beforhood and had to "sign on the dotted line" though Giri later, said the P.M. sentLaw
Minister Gokhale and subsequently Home Minister Reddy to "apologize for the lapse." His
advices to the government on the issue of reinstatement of non-violent striking railway men
besides giving rise to apublic controversy and somewhat salvaging his public image, achieved
nothing. He confessed that hewas unhappy about the supersession of three Judges in the
appointment of the Chief Justice and "Notonly this, I totd them that this was not an
opportune time.' But as he told M.K. Dhar, he was content to lay stress "on the moral rather
than constitutional authority" and of the Council of Ministers which wasresponsible to the
Parliament chose to defy him, there was precious little he could do. He said, "I cansuggest, I
can plead, I can argue, but ultimately I have to sign the bills and ordinances." This sum up
theposition of the President under the Indian Constitution. As with his predecessors in office,
so also withV.V. Giri, at no time did the Idea of not accepting the advice of the Cabinet enter
his mind.
The transition from V.V. Giri to Fakhrudin Ali Ahmed was smooth and the rise in the
powers andauthority of the Prime Minister demonstrated the constitutional position of the
President of Indian morethan in the past. This view received further constitutional validity
after the passage of the 42nd amendment to the Constitution.

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2. Write down President Financial Powers.
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9.5 President's Actual Role; AnOverview

The "rubber stamp' theory of the President is political non-sense. In fact it is nobody's
case thatthePresident is or should be rubber stamp. No head of the State whether a
constitutional monarch (As inBrilian, Holland or the Scandinavian countries) or a nominated
Governor General (as in Canada orAustralia) or an elected President can be said to be rubber
stamp." It is obvious that the metaphor ismisapplied. The President is after all a human
being, a political leader, a distinguished person occupyingthe highest office to the land and in
no case the three powers attributed by Bagehot to the British monarchcan be denied to him;
the right to advice, the right to warn, and the right to encourage. To what effect thePresident
is able to exercise them will depend upon (a) the personal equation between the P.M. and
thePresident, equation between the P.M. and the President (b) the political strength of the
Prime Minister inthe Parliament, in the states, and in the country as a whole, and (c) the
state of the nation.
The Indian Constitution required underArticte 76 that the Prime Minister shall (a)
communicate to the President all decisions of the Council of Ministersrelating to
theadministration of the affairsof the Union and proposals forlegislation; (b) furnish
suchinformation relating to the administration of the affairs of the Union and proposals for
legislation as proposals for legislation as the President may call for; and (c) if the President so
requiredsubmit the consideration of tha Council of Ministers anymatter on which a decision
had been taken by a minister but which has not been considered by a Council.
The Constitutionthus, recognises the rightofthe President to information. The
Rashtrapati Bhawan is fitted with two radio receivers which can be turnedintothe
proceedings of the LokSabha respectively.Dr. Radhakrishnan also started the practice of
receivingin person, oral and written complaints fromcitizens every day at 5 p.m. Girisaid in
an interviewthat no Congressmen out also leaders' of oppositionparties used to come to him
to represent their views on matter of national concern and importance. ThePrime Minister
also calls on the President regularly to apprise him of State affairs.Nehru didso onceaweek
officially, though informally "hedroppedin oftener". Acoordingto R.L. Handa Press
SecretarytoDr.Rajendra Prasad, "Ten O'clock on Monday'swas fixed time for the meeting,
thoughformal were alsomarked by cordiality and personal touch".
The President is thus inan enviable position to acquire Knowledge about affairs of'the
State whichhe can, give necessary ability and skill, use with telling effectin hisdealings with
the Prime Minister. ThePresident's advice ordinary is sure to get a respectful consideration, It
is written of President Zakir Hussainthat "Just listening to him seems tohave made all the
difference" both toMrs. Gandhi and her opponents and Mrs. Gandhi whohad a well of her
own and her own way of doingthings;was however.'willing’ to listen to him." Dr. Rajendera
Prasad used to write to the Prime Minister andtoindividual Ministers on urgent matters and
these letters are 'said to be the modelsof arudition and bearthe imprint of deep studyand
dispassionate analysis". Those on Government's agricultural and foodpolicy and on
corruption in high places received wide publicity. His letter on the question of curtailing
election expenses andgenerally improving the election machinery impressed Nehru so much
that the matter was entrusted tothe Election Commission and the Prime Minister formally
thanked President for the painshe had taken. Similarly, in the matter of mercy petitions it is
recorded by C.L. Datta, Rajendra Prasad" didnot act as a signing machine. A skilled lawyer
himself, he studied the legal aspects ofeachcase verythoroughly and satisfied himself that the
accused had been provided with proper defence, his frequently called Deputy Home Minister
Datta for information about appeals, Radhakrishnan is reported to have even commuted a
death sentence to life imprisonment onhis ownthrough normally the Presidentnever took a
decision on his own on these appeals'". Mr. Giri disclosed thatthere was frank and free
exchange of views consequently between him and the Prime Minister. He agreed that ‘the
concept of a President functioningin opposition tothe Government will be a distortion of our
Constitution.” But he added, the President could give advice.In this connection, Giri re-called
proposals he had put forward from time to time, to find solutions tosome ofthemost urgent
problems facing country. These included provision of employment through land colonisation,
procurement, of foodgrains atPanchayat level and organisation of an honest
andefficientpublic distribution system. Hesaid"actingon the advice of his Council of Ministers
does not meanaready acceptance of such advice. The President had the right to tell a
Minister or Ministry that the advice tendered is wrong and should bereconsidered.In the
ultimate analysis, the Ministry's view may prevail because that view will have thesanction of
Parliament to which it is responsible. "Mr. Giri even used the press media to air his views,
forexample on unemployment. "He invoked his authority as President while UP was under
Central rule toorder his advisors and secretaries' to put the holders it chain. The writings
and speeches of Giriinevitably raised in the question of constitutional propriety but the
government tended to take no notice ofthem. After retirement, Giri admitted to his
helplessness in the matter.
President Sanjiva Reddy, while giving his message to the nation on the occassion of
IndependenceDay (14th August, 1978) defined his role as head of State in the
followingwords. "The President of Indiais above politics but he is part to political process. It is
my duty as President not only to preserve, protectand defend the constitution but also assist
the government in the pursuit of the larger national Interests".Even after the enactment of
42nd amendment, Mr. Sanjiva Ready did not see his office as an ornamentalone nor did he
regard it as an abstract idea. Rather he regarded the presidency as actively assisting
theGovernment of the day inthe pursuit of the national aims. He remarked furhter "as the
head of thestate. I shall attempt to provide a harmonising touch so that all the main
elements in the county's lifecan work together for the larger good of the nation. But he said
that he will play this role to the best ofhis ability and consistent with his Constitutional
obligations. President Neelam Sanjiva Reddy'srole in the political crisis that led to the pre-
mature dissolution of the Lok Sabha in August 1979, has alreadybeen explained on the
proceeding pages. President R. Venkataraman also took keen interest in thenational affairs
and problems and gave his suggestions and advice on important issues.
President Giani Zail Singh also took various steps against the pleasure of the
government such asrefusing to sign the controversial Postal Amendment Bill. (President
Giani Zail Singh's role has beendiscussed in the next lesson on Prime Minister.)
President Shankar Dayal Sharma on March 19, 1996 did not sign the two proposed
executiveordinances aiming to reduce the period of election campaigning and to give Dalit
Christians the benefitof reservations on the eve of general election. On an earlier occassion
President ShankarDayalSharma condemned the demolition of Babri Masjid which forced the
central government to dismissthe U.P. government the same evening in December, 1992. In
the latest episode (April, 1996} PresidentShankar Dayal Sharma forced the exit of Sheila
Kaul, the Governor of Himachal Pradesh by taking the extraordinary step of making public
his disagreement with Prime Minister Rao on her continuing in officeinspite of CBl's report
against herin the out of turn housing allotment scandal (when; she was minister in central
government) which Is under the Supreme Court's scrutiny. This eventis a pointer thatthe
executive branch of the government cannot continue to take shelter behind legalistic
postures in order to evade tough decisions. The President's action in this case was promoted
by the anguish expressed by Supreme Court on April 17,1996 over Sheila Kaul's taking
advantage of the constitutionalimmunity enjoyed by her office. Justice Kuldip Singh and
Faizou Uddin made it clear that they wouldfind a way to make it possible for the CBI to
interrogate 'her at Raj Bhawan. The Rao governmenttook the stand that no action was
needed till the court considered the parameters of the immunityenjoyed by a Governor.
President retrieved the situation by taking the stand that in keeping with thefirstprinciplesof
Constitutional propriety, Kaul should quit "without further ado". The president has made it
clear that the immunity can not be used at the expense of the dignity of the office of the
Governor anddignity of the people.
9.6 President as Nominal Executive:
The study of constitutional provisions about the Presidency, themethod of election of
Presidentand the legal and empirical view about President's powers and position makes it
dear (1) that thePresident's role is that of an advisor, a friend and a well wisher; (2) that
decision making ultimately restswith the Government which is responsible to the Lok Sabha.
(3) within this former constitutionalrelationship there is scope for the President to exert
Influence ; (4) the nature and extent of thisinfluence will dependupon a number of personal
and political factors which have been mentioned above;(5) in any case the President is not a
mere rubber stamp or a signing machine (6) but in time of politicalinstability and uncertainty
the President may assume actual authority and power-specially in the matterof appointment
and dismissal of the Prime Minister; (7) the theory of an Independent Presidentis merelya
cloak for the establishment of personal dictatorship and is supported neithar by the scheme
of ourConstitution nor by the political practice of the past five decades; and (8) These
conclusions remainintact even after the President is bound formally to accept the advice of
the council of Ministers under theforty second Constitutional amendment.
9.7 References
1. The Hindustan Times (New Delhi), November 20, 1960.
2. K.M.Munshi, The President under the Indian Constitution, Bhartiya Vidya
Bhawan. Bombay 1963, p,36.
3. P.B. Mukherji. The Critical Problems of the Indian Constitution. Pp. 45-40
4. SeeJournal of Constitutional and Parlamentary Studies, (New Delhi) October.
1973. pp. 1123.
5. K.M. Munshi op. dt.
6. Ibid p. 33.
7. President (Discharge of Functions) Act cf 1969 provides that (n the event of
vacancy in the office of thePresident & the Vice-President me functions of the
President will be discharged bythe Chief Justice ofIndia and failing him, by the
senior most Judge of the Supreme Court.
8. See Constituent Assembly debates, (CAD) VII 998 and CAD, IV. P. 848.
9. K. M. Munshi, op. dt. p.46
10. C. L. DattaWith Two Presidents (Bell Books). VIkas 1871.
11. H.M.Jain. The Union Executive. P-40.
12. H.M.Jain, Ibid p.38
13. Rai SahebRam, JawayaKapoorversustheStateofPunjab.AIR1955.SC.549
14. This was an appeal filled by two probationary Judicial officers of Punjab,
Shamsher Singh and IshwarChand Aggrawal. See Shamsher Singh V. The State
of Punjab 1974.2SCR, B31.
15. See M.N. Pandit, ThePM's President, appendix III p. 101.
16. See Granvilla Austin.The Indian Constitution: Conservation ofaNation, oxford,
1966, p.131.
17. Durga Dass, India from Curzon to Nehru and After p. 331.
18. C. L. Dattaop. cit.pp. 89-90.
19. H.M. Jain op. cit. p 145
20. M. K. Dhar, "Above the Battle", The Hindustan Times, August 28,1974. According
to Mr. Dhar. ZakirHussain "too was helpless’ when the SVD of
MadhyaPradeshlaid claim to majority support parading theirMLAs before him in
the Rashtrapati Bhawan.
Election, 1977
The sixth General election held In March 1977 were unique, for rrot only the
Congress Party lost power tothe Janata Party but also the then Prime Minister
Indira Gandhi who led her party was the first.
21. Ibid.
22. In an exclusive Interview with TheHindustanThese correspondent, Mr. Giriin his
lastweek inoffice asHead of State, said that The rubber stamp Idea Is all political
non-sense. We function undera writtenConstitution. The essence of this
Constitution is a harmoniusrelationship between different organsunder ir. He
maintained that while the constitution assignedaposition of 'undisputed
supremacy" to the officeof President, he should not do anything which would
result in any "subtraction from responsible government'.See The Hindustan Times
August 20. 1974, speaking at a "Meet the press" programme arranged by
theBombay Union of Journalist. Mr. Fakhrudin Ali Ahmad, the Congress
nomineeforPresidency in the 1976 election, rejected any suggestion that the
President of lndia was a rubber stamp of the Prime Minister. He said the Prime
Minister herself had said that there was no justification for such an observation,
andif youhave any impression of this kind you are doing greatinjustice to many
eminent persons who held the office. See The Statesman, dated 31st July. 1974.
23. R. L. Handa, "A Relationship of Respect and Reciprocity',Hindustan Times,
Independence day supplement, 1972, p. 5.
24. M. Mjjeeb, Dr. Zakir Hussain, (New Delhi) 1972, p. 237.
25. C. L. Datta. op. cit. p. 45.
26. Ibid, p. 78.
27. The Hindustan Times, dated August 20, 1974.
28. See for example his article "Job for the Millions’, in The Times of India dated
March 10, 1970. Commenting on this article a Hindustan Times editorial says. A
president has many ways open to placehis views before those concerned at many
levels of the government apparatus. In going to the peoplethrough newspapers
does the President want the conclusion to be drawn that he hasgotno where with
his effort to pureuade the Government and has decided that some public
promoting is called for “Hindustan Times” 14 March, 1970.
29. See The Statesman July 30, 1973. In a speech delivered at Hyderabad on Sept 14,
1973, Mr. Girideparting from the prepared text urged capital punishment to
those practising untouchability. The Statesman. 16 September 1973. In yet
another speech he bemoaned "the gap between what we say and what we do" and
pointed to the widespread corruption, nepotism and favourtism that they saw all
around them' Northern India Patrika (Allahabad) 28, September, 1973, White
Andhra Pradesh was under thePresident's rule. Mr. Giri on a visit to Hyderabad
came to know thatthere were 1,80,000, ghost ration cards. “I gave three days
notice and threatened to take over all fair price shops. First these shopkeepers,
tried todefy me but when they realized that I meant business they wereon
theirKhaas. Almost all the ghost cards'were surrendered within a week. He
disclosed that "I was directly in touch with the State Governor andinstructed him
what to do "Between the Lines" by Kuldip Nayar.
30. M. K. Dhar. "Above the Battle". The Hindustan Times, August 20,1974. He writes,
'Apart from partypolitical consideration the Judgement argument against
permitting the President to do anything except onthe advice of the Council of
Ministers is thatsucha situation wouldlead topersonal rule by an individual
notelected on the basis of any policy or programme nor responsible to the
Constitution. The concept of onindependent and dynamic President Is regarded
by same as a cloak for the establishment of a personnaldictatorship.
1. Noorani A.G., Constitutional in India: The President, Parliament and the States,
2. Rudolph, L.I. and Rudolph, S.H., In Fur: The Political Economy of Indian State,
Orient Longman, Delhi, 1987.
9.8 Model Questions
1. Critically analyse the position of President of India
2. Discuss the basis of President'sauthority.
*******
Lesson-10
UNION EXECUTIVE - THE PRIME MINISTER
Structure
10.0 Objectives
10.1 Introduction
10.2 Position of Prime Minster of India
10.3 Formal Constitutional Provisions
10.4 Political Realities
10.5 Appointment
10.6 Powers and Role
10.7 Summary
10.8 References
10.0 Objectives
The lesson deals with the powers and position of Indian Prime Minister. After going
through thislesson you should be able to:
• importance and pivotal role of Prime Minister in a parliamentary system;
• analyse the powers and position of Prime Minister of lndia;and
• understand the factors which influence the parliamentary party or the steering
committee incase the coalition is the choice of Prime Minister.
10.1 Introduction
In the preceding lesson you have studied the position of President of India who is the
nominatedexecutive head of the state. In this lesson we would analyse the office of Prime
Minister whois the realexecutive head.
The Prime Minister stands at the apex of power mechanism in parliamentary system
of'government. He has become the principal organ of State power in such a system. He
exercisessupreme authority over the executive as well as legislative branch of government
and therefore. He is farmore powerful than the Chief Executive in any other system of
government, including the President inthe United States of America. In position and power,
he stands nearer the absolute czars and sultans ofolder times minus elective character of his
office which in fact, however lends his office a degree oflegitimacy which the royal peers could
not claim. Writers and politician alike have vide with one anotherin employing phrases,
which will adequately bring home the pivotal position of the Prime Minister inmodern
parliamentary democracy. He has been variously described us "as elected monarch'' or
adictator", "steer man of the ship of the state" or linchpin/of government", "keystone of the
arch whichsupports a democratic structure" (Indira Gandhi) and so on. Richard Crossmen in
away sums up allthese descriptions by labelling the existing system inGreat Britain as the
Prime Ministerial system ofgovernment. In his introduction to Bagehot's The English
Constitution, he wrote, "The post war epochhas been the transformation of the Cabinet
government into Prime Ministerial Government. Under thissystem the hyphen which joins
and the buckle which fastens the legislative part to the executive partbecomes one single
man .......''
10.2 Position of the Prime Minister of India
In India also, in the times of Nehru as well as the present day, the Prime Minister has
beendescribed as "an autocrat, "a quasi-Present', 'dictator" and so on. In a letter dated
28thOctober, 1969the then Congress President S. Nijallngappa bluntly told Mrs. Gandhi, the
Prime Minister," You seem tohave made personal loyalty to you the test of loyalty to the
congress, and the country...... In your schemeof things there is no place in the party of
government for any one who differs even slightly from yourpersonal views and like and. In
anotherletter dated November 1,1969, he wrote," you have notdeniedmy statement that your
action and attitudes betray your desire to establish one man's rule". Hewent onto warn, that
the history of the 20thcentury is replete with instances of the tragedy that overtakes
democracywhen a leader who has risen to power on the crest of a popular wave ofwith the
support of a democraticorganisation becomes a victim of political Narcissism and is egged on
by a coterie of unscrupuloussycophants who use corruption and terror to silence opposition
and attempt to make public opinion anecho of authority. Later in an article written in 1972 a
former Union Minister, Ashoka Mehta, noted therise of a new power structure under Mrs.
Gandhi in which there was absence of an inner balanceresulting in shift from "Prime Minister
Government to a near presidential regime. Dr. J.D.Sethi inanother article X rayed Mrs.
Gandhi's political strategies to reshape the whole power structure so as tomake it in her
favour and enable her to dominate thewhole political state.In his presidential address atthe
Socialist party's national convention held at Bulandshar (U.P.) on 5th January 1973. George
Fernandesdescribed "the naked garb of personal power by the Prime Minister". In certain
quarters apprehensionwas expressed that the package of constitutional amendment wrapped
on the Forty second constitutionalAmendment will make the “the Chief Executive namely,
the Prime Minister........ At powerful and abovethe Law." This was the consensus arrived at a
two day seminar sponsored by the National committee forthe Review, of the constitution. The
consensus drafted at the seminar warned that "Such an enormous,accretion of power in the
hands of a single person is dangerous and liable to misuse In view of recentexperience of the
arbitrary exercise of authority and total concentration of power cannot be regarded
asinnocent or accidental and would spelt the end of individual liberty and democratic
institution?
10.3 Formal Constitutional Provisions
There is however, nothing in the formal provision of the Constitution which suggests
or supporteven remotely the above position of the Prime Minister. The constitutional
provision is few and simpleand may be paraphrased as below:
According to Article 74(1): the Prime Minister is placed at the head of the Council of
Ministerswhich is to "aid and advice" the President in the exercise of his functions, and
according to theForty-second Amendment the President cannot act in disregard, of or
without the advice of the Councilof Ministers. Article 74(2) says the question whether any
and if so, what advice was tendered by theministers to the President shall notbe inquired into
court.
Article 75 provides: - (1) The Prime Minister shall be appointed by the President and
the otherMinisters shall be appointed by thePresident on the advice of the Prime Minister.
(2) The Minister shall hold office during the pleasures of the President.
(3) The Council of Ministers shall be collectively responsible to the House of the
people;
(4) The President shall administer the oaths of office and Secrecy to the minister.
(5) A Minster who, for any period of six consecutive months is not a member of either
House ofParliament shall at the expiration of that period cease to be a Minister.
(6) The Salaries and allowance of Ministersshall be such as parliament may from
time to timedetermine by law. Article 78 defines the duties of Prime Minister. It
says: "It shall be the duty of PrimeMinister (a) to communicate to the President all
decisions of the Council of Ministers relating to theadministration of the affairs of
the Union and proposals for legislation; (b) to furnish such informationrelating to
the administration of the affairs of the Union and proposals for legislation as the
President maycall for; and (c) if the President so requires, to submit for the
consideration of the Council of Ministers anymatter on which a decision has been
taken by a Minister but which has not been considered by theCouncil."
10.4 Political Realities
The executive power of the Union is vested in the President who has also been given
importantpower and functions in relation to the composition and working of the Parliament.
Since these powersare to be exercised on the advice of the Council of Ministers headed by the
Prime Minister, it is evidentthe real decision making in all these sphares rests with Council of
Ministers, The power of law makingfinance are the exclusive preserve of the Parliament. The
Prime Minister by exercising control both overthe Council of Ministers and the Parliament is
thus in a position of combine in his person both thelegislative and executive powers of the
State. Therefore, in order to appreciate the true position of thePrime Minister on must study
the processes and the instruments through which the Prime Minister isable to secure
mastery over these two organs, namely the Council of Ministers and the Parliament. Infact, it
is his position of supremacy in relation to these organs that has enable to Prime Minister to
"usurp"the powers which the Constitution formally assigns to the President, reversing the
rote and relationshipwhich the Constitution originally prescribed as between the President
and Prime Minister.
10.5 Appointment of the Prime Minister
The unreality of formal constitutionalism is evident in the very appointment of the
Prime Minister,the constitution stipulates that Prime Minister shall be appointed by the
President and in a formal sensethis is true. But the stark reality is that the President has
little choice in the selection of the Prime Ministeras his decision is made for him by the
majority holding parliamentary part. The real and substantial pointof interest and inquiry is
how the parliamentary party makes its choice: what institutional, political andpersonal
factors influence this decision making and what is the role of the party organization in it.
The Nehru Era
In 1946 Pt. Nehru in his capacity as the President of the Indian National Congress was
invited bythe Viceroy to form the interim Government under the Cabinet Mission Plan.
Gandhi had reportedlyinterceded in favour of Nehru to persuade Patel to withdraw from the
contest for a party Presidentshipthereby for closing the question of leadership when the time
came for the formation of the government. When power was transferred to India in 1947,
Nehru was sworn In as the Prime Minister this was onlynatural and logical. Nehru was one of
the foremost leaders of freedom struggle and had a nationwidemass appeal. His act of
renunciation and sacrifice in the national cause despite thewealth, status andluxury in
which he was born had made a special impression on the people- His modern and
scientificoutlook and his espousal of socialism had marked him out as the leader of
progressive forces. Gandhihad publicly declared him his political heir. These factors made
Nehru the obvious choice for the chiefexecutive of the nation after independence. If there was
any possibility of challenging that position that wasremoved, firstly Patel's acceptance of the
number two position in the Government, and subsequently,acceptance of the number two
position in the government, by Patel's death in 1950. After the death ofPatel, Nehru's
supremacy In the organization became unquestionable and in 1951 he assumed
thechieftainship of the party as well. Therefore, Nehru successfully led his party in three
general elections(1952,1957,1962) and after each election the Congress Parliamentary party
(CPP) was catted upon to'elect' its leader but his "election" was only an occasion for Nehru to
demonstrate his popularity, his holdand even his indispensability to the party and the
government. He used to be confirmed in his positioneach time amidst applause and acclaim
from all sections of the party. Therefore, it can be said that solong as Nehru was alive, he was
the "obvious choice' for the office of the Prime Minister, andit must beadded, both President
Rajendra Prasad and President Radhakrishnan held the same view.
Afterthe demise ofNehru in 1964 the election of a leader of CPP posed a real problem.
PresidentRadhakrishnan appointed Gulzari Lal Nanda as the interim Prime Minister on the
recommendation of theemergency Committee of the cabinet which choose Nanda to fill the
gap in view of his senior mostposition in the cabinet. There appeared to be twin principle the
contenders for office, namely, MorarjiDesai and Lal Bahadur Shastrt, both of whom had been
axed from the Cabinet under the Kamaraj Plan.Desai claimed that by virtue of his seniority
and support in the party he was the obvious successor ofNehru. If he had not been
Kumarajed in 1963 he would have been the senior most Minister in cabinet atthe time of the
death of Nehru and ipso facto acting Prime Minister. On the other hand, Shastri wasbelieved
to be Nehru's own choice. He had been recalled to the Cabinet shortly before Nehru's
deathand by virtue of his temperament, outlook and approach was best suited to lead the
Congress party. Itwas disclosed in 1970 that the top leaders of the party forming what came,
to be known as the "Syndicate" comprising the Congress President Kamaraj, Atulya Ghosh,
S.K. Patil, Sanjiva Reddy and Nijtingappa,had agreed among themselves as early as October
1963 that Shastri was best suited to succeed Nehru,Nijtingappa in his evidence before the
Chief election Commissioner in what came to be known as thesymbol case stated in July
1970 that "as people who knew about the trailing health of Jawahar Lal Nehruwe thought it
necessary to select some person fit enough to become Prime Minister of India" and thattheir
choice was Shastri". The Syndicate may name pre-planned the whole procedure but at the
time ifappeared only natural that the Congress Working Committee (CWC) should have
spurned Desai'sdesire for a free vote in the CPP and insisted upon its new leader. The AICC
general secretary toldnewsmen, "it is the CWC which advises the CPP on the election of the
President and Vice-President ofthe Republic", Implying, so why not the Prime Minister.
The CWC thus became the principal mover in the succession politics after Nehru's
death. It wasof course an enlarged committee, with State Chief Minister, representatives of
theCPP and specialinvitees like Krishna
Menon,U.N.Dhebar,T.T.Krishnamachari,SwaranSingh etc. The overwhelmingfeeling was
thatthe choice as far as possible is unanimous and a contest should beavoided. Butofcourse
choice should be such as would reflect the will of theparty.
The CWC falling to take a unanimous decision authorized the President K. Kamaraj to
find outthe consensus in the party and "make his recommendation: In its way Kamaraj
became the "centre andfocus of the entire power politics." Within some 48 hours Kamaraj
Interviewed Ministers, Chief Ministers,Members of Parliament, members of the working
Committee,President of Pradesh Congress Committee,and in fact P.C.C. Chiefs who wielded
decisive Influence with the MPs as the latter depended upon theformer for party tickets and
other favours. These confirmedKamaraj's own brief overwhelming opinionof the party was in
favour of Shastri. With Kamaraj's consensus in the party the choice of Nehru'ssuccessor was
virtually over though the CPP was called the next day (June 2,1964) to elect a leaderformally.
Desai accepted the verdict calmly and sportlngly agreed to second Shastri's name to
beproposed by Nanda, at the CPP meting. Shastri's name was approved byastanding ovation
andsevenhours later president Radhakrishnan installed him into the office of the Prime
Minister. The accuracy ofKamaraj's assessment has been endorsed by a number of
observers. Machael Recher later wrote. The choice of Shastri reflected the nation mood. Even
if the contest had been formailydecided by theparliamentaryparty, theresultwouldbethesame.
In retrospect, it may be saidthatthe election of Shastriwas really the handywork
ofthesyndicate and State chiefs. The Syndicate leaders themselves werepowerfulin their home
states(Madras, Mysore, Andhra, West Bengal, Maharashtraetc.). Tne state blocks of MPs met
separately withtheir respective Chief Ministers and PCC Chiefsto evolve a united stand,
andthen thisconsensuswas prepared in favour of Shastri, as had been preplanned by the
Syndicate.
Election, 1966
Withthesudden heart failure of ShastriatTashkant in 1966 the succession problem
arose, onceagain. This time the congress Presidentwas known to be uncertain inthe
beginning; the Syndicate hadno firm choice and the CWC was divided within itself. The
onlyfirm not in the situation was Morarji'sdeclaration of his candidature and his
determination toforcetheissueto an open contestin the CPP.This however proved a rallying
point to hisopponents who comprised most of the ChiefMinisterandmembers of the working
Committee. There was thus a negative desire to keep out Morarji; eight of theChief Minister
took the initiative in jointly making a statement sponsoring the name of Indira Gandhi. With
the approval and blessings, it is believed of Kamaraj, AtulyaGhosh andSanjivaReddy.Morarji
allegedlater on. “TheSyndicate came into existence in 1964 after the deathof Mr.JawaharLal
Nehru to support the candidature of Lal Bahadur Shastri against me." More andmore Chief
Ministers jumped on thebandwagon of Mrs. Indira Gandhi and in thisway, as Morarji alleged
lateron, Indira Gandhi became thecandidate of the Congress President as against him who
was the candidate of the MPs. Michael Brecheris also of the view that Kamaraj forged a
alliance with the Chief Ministers,with the object; of defeatingMorarji. Morarji's strategy was a
direct appeal to the MPs sending them a personalletter, appealing totheir conscience as
against the political pressure of the Congress President even telephoning themindividually.
This may have offended the ego and vanity of those who considered themselves the
HighCommand oftheparty. Thechiefministers, exceptingtwo, wereall ragedagainstMorarji,
canvassing forhis opponent. In thecircumstances, the result of the formal election in the CPP
was a forgone conclusion Mararji lost by169to356votes polled by IndiraGandhi.
This election confirmed that, as on the earlier occasion, the CPP, despite its protests
and claims to a free choice, remains under the guidance, supervision and direction of the
C.W.C. By virtue of thehigh status of its members both in the party and in the government of
CWS is well in a position tocommand the CPP and it is for this reason that it is popularly
referred to as the High Command. On both the occasions, the Syndicate also playedan
important role, more definition the first occasion. The roleof the Congress President was
crucial though directly so on the first occasion. On the secondoccasion,the Chief Ministers
assumed a more direct role for themselves in the leadership contest. The two contestsproved
that the choice of Prime Minister really rests with Congress President, the Congress
Workingcommittee and the Chief Ministers of the States though equation of power shared
asbetween them mayvary with varying personal and political factors.
Election, 1967
The question of electing the leader of the CPP became alive once again after the general
electionof 1967 in which the Congress party limped its way to majority, claiming 282 seats in
the Lok Sabha of520 members. The party was defeated in many states notably Kerala
Madres, Orisha, West Bengal,Bihar and Punjab, and in a few other, like (U.P., M.P.,
Rajasthan and Haryanawas returned with a verynarrow majority. Organization Leaders like
Kamaraj. Atulya Ghose, Palil were defeated and so also theChief Ministers of States like
Madres, Punjab, Bihar and West Bengal all of whom had played a key rolein having Indira
Gandhi elected for the first term. In this way the Congress President, the syndicatemembers
and the Chief Ministers had all lost their public image of being major factors in the politics
ofensuring the election for leadership of the CPP. This time, therefore, the CWC came into its
own asthesupreme decisionmaking body of the party. There was a band of
PrimeMinister'spersonal friends andsupporters (Dinesh Singh, Fakhruddin Ali Ahmed,
AshokaMehta) and a new Chief Ministers (SukhadiaofRajasthan and D.P.Mishra of Madhya
Pradesh) who took upon themselves the talks of canvassingsupport for her directly from the
MP's. The prevailing mood in the party was also one for unanimity.There was no question of
unanimity on Morarji who had atready lost twice. So unanimity meant renewalof Indira
Gandhi's tenure without contest. In order to secure unanimity some compromise with
Morarjiwas essential and after hard and protracted bargaining it was agreed that Indira
Gandhi will continue tobe the leader while Desai will be made Deputy prime Minister and
Finance Minister. This closed for allpractical purpose the leadership issue, though the CPP
met formally on March 12,1967 to elect Indira Gandhi as its leader, her name being proposed
by Morarji himself.
Election, 1971
In the General electionof 1971, Indira Gandhi who had led her party to a massive
victory at thepolls completely routing the old guard associated with what after the split of
1969 came to be known asthe Congress (I), emerged as the supreme leader in the party.
Moreover, after the war of liberation forBangladesh she had acquired as charisma which
gainedfor her national and International recognition. Therefore, herelection as leader of the
CPP in 1971 was no more than a constitutional formality remindful of the Nehru era was her
formal appointment asPrime Ministerby President V.V. Giri.
Election, 1977
The sixth General Elections heldin March 1977 were unique, for not only the congress
party lostpower to the Janta Party but also the then Prime Minister in office to have lost the
election. The chairmanof the Janta Party Morarji Desai who led the party to a massive victory
was elected later as the leader ofParliamentary party again as the consensus candidate.
There were other contenders (Particularly JagjivanRam and Charan Singh) for the office of
the Prime Minister but the consensus was in favour of MorarjiDesai.
Election,1979
In July 1979, when Morarji Desai resigned as Prime Minister of India before he was to
face the noconfidence motion, once again the office of the PrimeMlntster fell vacant. President
Neelam Sanjiva Ready invited the leader of opposition, Y.B. Chavan to form the alternative
government. When Charaninformed the President about his inability to muster enough
strength to form the alternative government,the two contenders left for the Prime
MInistership were Morarji Desai - the outgoing Prime Minister, andCharan Singh the leader
of the Janta (Socular)Congress (Swaran Singh) coalition. The Presidentinvited the list of
supporters from both the aspirants and later when he found some names appearing inboth
the lists, he examined the matter for some time. After examining the lists, the President
invitedCharan Singh the leader of the coalition to form the Government. Charan Singh, it
may be mentioned,was supported by the Congress(l) from ouiside.
WhileextendingtheoffertoCharanSinghthePresidentalso asked him to seek the confidence vote
in the Lok Sabha before the third week of August. The CharanSingh Government, however
resigned the very day.It was to face the debate on no confidence motionand advised the
President to dissolve the Lok Sabha and order fresh elections. The President afterexamining
all aspect of the problem dissolved the Lok Sabha and asked Charan Singh to continue as
thehead of caretaker Government.
Election, 1980
The Lok Sabha was prematurely dissolved in 1979 and fresh election took placein
January 1980.This time the Congress (I) emerged victorious routing the Janta Party.
Congress (I)contested the election clearly in the name of its leader, Indira Gandhi
which madethree latter the obvious choice of Prime Minister.
Election, 1984
After the assassination of Prime Minister Mrs. Indira Gandhi his son Rajiv Gandhi was
sworn inas the Prime Minister to save the Congress from disintegration. As the 1984 election
was fought on thesympathy wave of Mrs. Gandhi andthe Dynamic leadership of Mr. Rajiv
Gandhi, he became the naturalchoice with unanimous voice.
Election, 1989
The General elections of November 1989 returned a hung parliament. No party gained
themajority to form the government. The "national Front" comprising of Janta Dal, Telgu
Desam, DMK. AGPand the Congress (I) had also not secured the adequate majority. As the
Congress(l) was not willing toform the government, the leader of National Front was to be
appointed as the Prime Minister, Janta Dal was the largest group among the partners of
National Front and hence the leader of the Janta Dal was to load the Nation. Although
V.P.Singh was projected as the future Prime Minister during the electioncampaign of Janta
Dal but the electionof the leader became a problem forthe JantaDal because of theclaims of
three towering personalities of Janta Dal - V.P.Singh, Devi Lal and Chandra Shekhar.
Theelection of the leader was postponed for three continuous days. Finally on the fourth
dayi.e. 1stDecember, 1989-; the Janta Dal convened a meeting of its parliamentary Board and
elected V.P.Singhasits leader after a series of hectic and dramatic events. It has been
observed about the electiondrama, 'what was happening within these four crucial days was a
replay of Indian politics in its filthier andgrimiest. Money, muscle, teaching, self-interest,
blind ambition and the machinations of two men, DeviLal's son Om Pakash Chautala and
Chandra Shekhar were playing havoc with the people's electoralverdict and holding to
ransom to entire, political process" (India Today, December 15,1989).
Election, 1990
As Prime Minister, V.P. Singh wasleading a minority government with the outside
support of BJPand left parties, he had to resign when BJP withdrew its support after about
11 months. With hisresignation; the inner dissension in the party became open and there
was split in the Janta Dal. A newgroup Janta Dal (S) emerged from within the Janta Dal
under the leadership of Chandra Shekharsupported by Devi Lal. There was hobnobbing
between this group and Congress (I). Congress (I)promised to support the minority
government led by Chandra Shekhar from outside and President agreedto this alliance. In
these circumstances Chandra Shekhar was sworn in as the Prime Minister inNovember
1990.
Election, 1991
Thealliance between Congress (l) and Janta Dal (B) did not last long. Prime Minister
ChandraShekhar had to resign after about four months on March 6,1991. The Lok Sabha
was dissolved andelections were held in Mayand June 1991, In this election also no single
party could get the majority. Congress (I) emerged as the largest group and claimed its right
toform the government. The successionbattle in the Congress (I) had started afew days before
the final phase of elections when its leader RajivGandhi died in a bomb explosion on May 21.
The main issue was to keep the party united at this crucialjuncture. Rajiv's close friends
known, as Rajiv's loyalist or the 'caucus' (R.K.Dhawan, Satish Sharma,Makhan Lal Fotedar,
Vincent George, Jagdish Tytler and GhulamNabi Azad) wanted that Sonia Gandhishould be
chosen as party's chief and Rajiv's reluctant successor to keep the party intact. Te
caucusimpressed upon other senior congress men and members of CWC to move in this
direction. Actuallythose who had no political base of their own and were inductedby Rajiv
Gandhi solely because of their loyalty tothe Gandhi familywere determined to keep the party
leadership under their control and keep the dynasty intact. Few of the congressmen had the
courage to refuse such a proposal; Shared Pawar,Madhav Singh Solanki, P. Shiv Shankarand
K. Karunakaran raised their voices against tills proposal. Anappeal was made to Sonia
Gandhi to accept the offer, which shededined. Now a search was made foras consensus
candidate tolead the party. There were few names (P.V.Narasimha Rao, Arjun Singh,
N.D.Tiwari and Sharad Pawar) circulated for this august post. After long deliberations in the
party ranksP.V. Narasimha Rao, emerged as the compromise candidate because of his fairly
neutral personality.He was also acceptable tothe masses and was elected as theparty
president to lead the party in the lastphase of elections, after the elections against the
succession battle started. The leader of theParliamentary party was to be elected for the office
of the Prime Minister. For four days heated groupdiscussions and meetings were held in
search of the leader. Finally, P.V.Narasimha Rao was electedunanimously as the leader of the
parliamentary party. The process electing him as leader wasremarkably smooth. Thewayfor
unanimitywasdearedwhentheotherContenderSharadPawarthenChief Minister of Maharashtra
and now Defence Minister) withdraw from the race for leadership andpledged support to
Narsimha Rao and favoured a unanimous decision. Narasimha Rao's name wasproposed by
Arjun's Singh, Madhya Pradesh Party Chief and seconded by Shiv Shankar, former
unionminister and five others. Mr. Narasimha Rao was sworn in as the new Prime Minister
on June 21,1991. It may be noted here that Narasimha Rao was not a member of either
house of parliament then. In thebyelection held in November, 1991, he was elected as the
member of Lok Sabha from Mandyalconstituency in Andhra Pradesh.
Election, 1996
Aftera full term of Lok Sabha, the 11th General Elections to Lok Sabha were held in
April, May1996. The election results were similar to that of 1989 elections in the sense that
no single party got themajority to form the government and the return of "Hung
parliamnent". BJP emerged as the largest groupwithatallyof160members.ItsalliesShivSena-
15,SamataParty-8,AkaliDal-8andHVP-3got34seats making a total of 194 seats. The leader of
the BJP, Mr. Atal Behari Vajpayee was projected as thecandidate for Prime Ministership
during the election campaign. So there was no difficulty in choosingtheleader of BJP
parliamentary party after the election results. He was the unanimousandclear choice ofBJP.
The second largest group was that of the Congress with 136 members (later Congress won
fourseats in J & K thus making a total of 140 seats). The allies of Congress won Just 3 seats.
There was yetanother third front - a combination of National Front and Left Front which were
formed before theelections. The National Front parties and the Left Front parties agreed to
form the unitedfront forstakingthe claim of forming the government after the election. With
the support of Congress and some otherallied parties. The front had the problem to choose
the candidate for Prime Ministership, as the UnitedFront did not exist before the elections.
The National Front also did not prefect any Prime Ministerialcandidate, so he search began
fora consensus candidate to lead the United Front. In the first instanceformer Prime Minister
V. P. Singh was asked and persuaded by the National Front-Left combine to leadthe United
Front but he declined the offer. Next the name of West Bengal Chief Minister, Jyoti Basu
wasproposed as the consensus candidate by V, P. Singh at a hurriedly called meeting at New
Delhi on May, 13by the Third Front leaders and was endorsed unanimously. Mr. Basu was
present at the meeting. Butthe central committee or the CPM, which was called especially to
endorse Jyoti Basu's name, struck toits earlier decision not to participate in the government
ruling out the candidature of Mr. Jyoti Basu.
Again there was an attempt onthe part of the Third Front Leaders to persuade
V.P.Singh tobecome the consensus candidate. The Front leaders who were assembled in a
Conference hallin Tamilnadu House in New Delhi sent some of them to V.P. Singh's house
late in the evening in pursuanceof their objective. The leaders who went to V.P. Singh's house
included. Tamilnadu Chief MinisterM. Karunanidhi, Chandra Babu Naidu, and Bihar Chief
Minister Laloo Prasad Yadav, Kamataka ChiefMinister H.D. Deve Gowda, Murosoli Maran
ofDMKand Dev Prakash Boro ofAGP, butMr. V.P.Singh wasnot available at his house. The
following day on May 14, M. Karunanidhi again went to V.P. Singh's houseand held a 40
minutes discussion with him and brought him to Tamil Nadu House, where other
Frontleaders were assembled to solve the issue of leadership. V.P.Singh refused to come out
of his selfimposed "Political Sanyas" and did not accept the offer. The discussions which
followed later on in theTamilnadu House. H.D. Deve Gowda, as dark horse in National
Politics, the Kamataka Chief Minister andChief of Karnataka Janta Dal emerged as the
consensus candidate. It was a surprise development asJanta Dal had many other leaders
who wanted to play the key role like Laloo Prasad Yadav, Ram VilasPaswan, Sharad Yadav
and Ram Krishna Hegde, H,D. Deve Gowda remarked on his elevation asleader of Third
Front," I left Bangalore determined to make V.P. Singh the leader" and said."I did not
evendream this would happen", Thus, the search for aleader for the third frontwas matured
withthe help ofregional parties chieftain.
The next step of the third front was to stake its claim to form the government with
the assurancefrom the Congress party to support the front. But on May 15, President
Shankar Dayal Sharma to thedismay of third front invited BJP leader Atal Behari Vaipayee
on the ground of his being the leader oflargest group to form the government and to prove
his majority by May 31, i.e. within fifteen days. BJPleader accepted the invitation and was
sworn in as the Prime Minister along with 10 member BJP, ShivSena coalition cabinet on
May 16. Mr. Vajpayee was hopeful of proving his strength to have someunderstanding wtth
the regional parties and get their support but he was not successful. The Third Frontwas
able to unite all the non-BJP parties on the issue of secularism by blaming the BJP as the
communaland non-secular party. Mr. Vajpayee could not win the confidence vote and
resigned on May 28th withouthaving the voting on confidence vote. (The confidence vote
was moved by Mr. Vajpayee on 27th May andthere was discussion for wo days on the
move).
On May 28, itself Mr. H.D. Deve Gowda was invited to formthe government by
President ShankarDayal Sharma. It was only after President was satisfied that the Congress
leader P.V. Narasimha Raowith this 136 members will support the Front government. In his
first meeting with the President Mr. H.D. Deve Gowda had presented a list of 190 members
(members of 113 party united Front and some otherallies supporting the front). Mr, Deve
Gowda was sworn in as Prime Minister on June 1,1996 along with21 member ministry and
he won the vote of confidence on June 12 with a voice vote. With the BJP andallies arrayed
against itbut without having voting on the confidence vote. But the opposition was notwilling
to heed the Prime Minister's appeal to convert it into a unanimous vote. It may be noted here
thatMr. Deve Gowda was not a member of either house of parliament and later on he was
elected as themember of Rajya Sabha.
Election, 1997
The coalition government headed by Prime Minister Deve Gowda could carry on for 10
months.On 30thMarch 1997, the Congress party president Sita Ram Kesri announced the
withdrawal of supportto United Font government. Congress was the largest party giving
support to United Front governmentfrom outside. President Shankar Dayal Sharma asked
Prime Minister Deve Gowda to prove his majority,by April 11,1997, which he lost without
Congress support, and the United Front government was votedout. The special oneday
session of the Lok Sabha, which was called to prove majority of United Frontgovernment was
adjourned sine-die at 11.55pm after a marathon, sitting of 12 hours on April
11.1997.According to official voting figures 328 members voted against the Gowda
government, 190 in favour and4 abstained - total members present were 532. (According to
the electronic machine 292 membersvoted against 158 in favour and 6 abstained. The
machine could not record all the votes. The membershoes votes could not be recorded were
given slips. The political scenario that emerged after the votingout of United Front
government was challenge to the parliamentary set up. The likely alternatives were:
1. A Congress led coalition government with U. F. in which the left parties opt out.
2. AUFcoalitionwiththeCongressunderanewleader.
3. A BJP led coalition with regional parties.
4. Lok Sabha may be dissolved and fresh election may be held.
There was much resentment among the congress members even the decision of
CongressPresident Sita Ram Kesri of toppling Deve Gowda's government without being in a
position to provide aviable alternative. A few MPs openly demanded Kesri's resignation while
some more belligerent amongthem went to the extent of demanding that the entire CWC
should resign for having endorsed Kesri'sdecision without examining its rationale. The
tremors in the party put Sita Ram Kesri on the defensive.On the other hand the BJP was
pressing for the dissolution of the Lok Sabha and the President makingit dear that he wanted
an early end to this crisis, in such a ticklish situation Sita Ram Kesri informed thePresident
that his party was willing to back a United Front government if it elected a new leader other
thanDeve Gowda. The search for a new leader began in the United Front although earlier the
United Frontparties were adamant that the leader should not be changed and they stood by
Deve Gowda. The UnitedFront was also not ready to support congress government. The
various names, which were floated forthe prestigious office, were Mulayam Singh Yadav
(Defence Minister), Ram Vilas Paswan (RailwayMinister), G.K.Moopnar,leaderofTamil Manila
Congress and I.K.Gujral (External Affairs Minister). It wasnot easy to arrive at a consensus.
Andhra Pradesh Chief Minister N, Chandrababu Naidu was entrustedwith the ticklish task of
selecting the leader by the U.F. standing committee on 18thApril, 1997. Thechoice was to be
done between Moopanar and I.K.Gujral as ultimately names were left after variousinformal
meetings of U. F. After hectic deliberations and taking into account the view of all
coalitionpartners specially left parties, Janta Dal and Congress, I.K. Gujrat was chosen
unanimously as the leaderof United Front on the April 20,1997 and he was sworn in as
Prime Minister on April 21,1997. He won thevote of confidence on April 22.1997 and as
required by the president. The motion of confidence movedby Prime Minister Gujrat was
carried through by a voice vote with only the BJP opposing it. However, theBJP did not ask
for a division. Mr. Gujrat is member of Rajya Sabha from Bihar.
Election, 1998
The results of the mid form polls to elect the 12th Lok Sabha have been mentioned and
discussedelsewhere in lesson on Parliament. It is sufficient to mention here that no single
political party or pre-pollelectoral alliance was able to secure absolute majority in the Lok
Sabha. As a result of these electionsthree major alliance and fourth minor group known and
categorized as "others" emerged. Out of this BJPled alliance was the largest group with 255
members (The BJP itself emerged as the single largest partywith 180 members) while the
Congress led alliance was second with 168 members (Congress being141 members) and the
United Front led alliance emerged third with 95 members (CPM 32 and S.P. 20).As such the
President was under constitutional obligation to appoint a Prime Minister according to his
own choice. The main options with the President were:
1. To ask the leader of the single largest party to form government.
2. To ask the leader of the largest pre-poll alliance to form the government.
3. To ask the leader of the largest post poll alliance to form the government.
Needless to say that in all the three options, the President was under obligation to ask
the PrimeMinister so appointed to prove his majority on the floor of the House within a
specified time.
As such, the President invited the leaders of all the three alliance for discussion with
regard to theformation of government and appointment of a new Prime Minister. The
President rightly asked theclaimants to supply letters of support from various parties and
groups. The BJP leader, Atal BehariVajpayee was able to convince the President about his
workable support in the Lok Sabha, The Presidentappointed Vajpayee as the Prime Minister
with the condition thatVajpayee will prove hismajorityon thefloor of the House within a
specified period which Vajpayee didwiththe support of his pre-polland postpoll alliance
partners. But he proved to be a politically weak Prime Minister and leading's
politicallyinstable government. As the events during his term have shown,thegovernance of
thecountryandthefunctioning of the Prime Minister was influenced by regional parties and
regional leaders whose supportis vital for the survival of the Prime Minister. After 13 months,
the AlADMKwithdraw supportfromtheVajpayee government leaving it in minority. Prime
Minister was asked by the President toprove hismajority in Lok Sabha, which he lost by one
vote. No alternative government could be formed althoughCongress (I) under leadership of
Sonia Gandhi tried to form the government but it could not muster therequired strength of
272. Lok Sabha was dissolved and the elections were held in September-October1999.
Election, 1999
In the thirteenth Lok Sabha Poll also BJP emerged as the largest party with 182 seats
and theBJP alliance, NDA was the largest with 304 members. So Atal Behari
Vajpayeewasinvited to form thegovernment.
Some General Observations on PM's Election
a) The election studies of 1964,1966,1967 and 1991 alone are notable for giving pay
to party andpolitics bringing into focus the decision making process in the
Congress party they confirm:
a) That the CPP which formally elected the Prime Minister hadhardly a free hand in
the choice.
b) The actual decision was already made before the CPP met, the latter giving
decision only aconstitutional form.
c) The decision making process clearly made out a division between theelite and the
rank and file.It was the formerwho decided, the latter only provided it legitimacy.
d) The decision-making rests with the 'High Command' of theparty which
necessarily included theCongress president, the more influential member of the
CWC (such as those,whowere, inaddition, also Cabinet Minister, Chief Ministers,
or PCC chiefs, members of the Congressparliamentary Board (many of whom
were in the Cabinet or CWC or were CMs). Thesecategories also cut across each
other and in each election there were not more than 20 leaders'including the
Congress President who finally decided on the CPP leadership. In 1991 a
strangesituation was faced by the party High Command when Rajiv Gandhi was
assassinated. NehruGandhi family loyalists wanted to continue the dynastic rule
by proposing Sonia Gandhi's name. The party decision gained importance when
Sonia Gandhi did not accept the offer.
e) The Chief Ministers and the PCC chiefs were important units of the power
structure as much asthey controlled the MPs by virtue of their power of selecting
Congress candidates for theParliamentary election. They thus, played a decisive
role as in 1966) in the election of the PrimeMinister. Jagjivan Ram then Minister
of employment, Labour and Rehabilitation stated in aninterview with the UNI in
January, 1967 that "the manner in which Shastri was elected PrimeMinister in
1964 weakened the Central Government and increased the tendency of bossism
inthe Congress Party. After 1996 elections, anew development came along in
which the chiefsof regional parties played a pivotal role in chossing Deve Gowda
as the leader of United Front andlater I.K.Gujral as Front leader.
f) However, if the leader was 'obvious' as was during Nehru's lifetime or after 1971
in caseof IndiraGandhi and in 1984 i.e. Rajiv Gandhi there was no choice to be
made and therefore, decisionmaking mechanism lay inoperative.
However, the situation is no longer the same. Conditions prevailing at the time of
election to theoffice of the Prime Minister in 1964,1966 and 1967 were entirely different from
those prevailing after1971. The Congress party (reference of course is to Congress-1) after
1971 became a one man showwhere its leader, the Prime Minister Indira Gandhi was the
only person who counted in all decision makingbodies of the party.This was true victory to
her personal influence. The development in 1969,1978 andafter had shown that it was the
faction led by her which mattered and any leader who did not remain withher had no choice
but to go. Not only the member of her own cabinet but even the State Chief Minister (ofthe
Congress Party) were generally selected by her and remained in power during her pleasure.
This ofcourse was informally done and was a natural consequence of the fact that she was
the only leader whomattered in the party and all others, howsoever senior they may be,
owedtheir existencein the party, toher and her only. In such situation, it would be quite
ridiculous to think of situations where the State CMsor the so called party bosses could play
any role in the election of the one to whom they owed theirexistence. In 1991 election of
P.V.Narsimha Rao as Prime MinisterParty had become important indecision making. In
coalition government as in 1989,1990,1996 and 1997 the Steering Committee ofall coalition
parties and the leaders of major parties play an important role in choosing the Prime

1. Discuss the position of Prime Minister in India.
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Minister.
10.6 POWERS AND ROLE OF THE INDIAN PRIME MINISTER

Despite the sketchy treatment given by the Constiution to the office of Prime Minister,
there is nogain saying the fact that Prime Minister enjoys a position of supremacy in relation
to the the principalorgans of State and Political power. It is, therefore, necessary to study the
powersand position of thePrime Minister in relation to (a) the President, (b) the Council of
Minister (c) the Parliament* (d) the CivilAdministration, (e) the Military, (f) Conduct of foreign
relations (g) the States, (h) the organizational wingsof his party, and (i) lastly, the people at
large, in order to have the correct view of his exact role in thepolitical system.
(a) The Prime Minister and the President
The Prime Minister is the principal leader of his party and as such he is a member of
its chief'governing bodies like the Working committee, the Parliamentary Board of the CEC
(Central ElectionCommittee). He has therefore a hand and at times decisive hand in the
selection of the party's nomineefor the presidency, in any even a determined Prime Minister
confronted with a nominee for this office inopposition to his/her wishes may disrupt the
party itself as the events leading to the split in the Congressparty in 1969 amply
demonstrate. It is true that Nehru was not personalty in favour ofRajendra Prasad
asPresident in 1955, nor in 1957, but the acquiesced in the decision of the majority,
Nijillngappa deposingbefore the Supreme Court on March 4,1970 in connection with the
lection petition against President Giridisclosed that he, as the Congress President, had met
Prime Minister Gandhi thrice after the death ofPresident Zakir Hussain, to decide in the
Party's candidate for Presidency. Morarji stated in hisdeposition that even after the
Parliamentary aboard meeting which discussed the matter and learned infavour of Sanjiva
Reddy as against the Prime Minister's proposal in favour of Jagjivan Ram. "It issuggested
that the Congress President and the Prime Minister should meet to try to reach unanimity
andannounce the name." The choice of Dr. Radha Krishnan and of Zakir Hussain in 1967
was at theinstance of Prims Minister, in 1967 the Parliamentary Board deciding by 4 to 3. In
1969 Sanjiva Reddywho was nominated against the vote of the Prime Minister had to suffer
an ignoble defeat, with graveconsequences for the Unity and solidarity.
The President has to exercise his powers on the Prime Minister. It has been argued in
the chapteron President that the advice of the Prime Minister is binding on the President and
has been so treatedduring the past years of the working of Constitution. Desal disclosed in
his deposition before theSupreme Court in the election petition against Giri that Indira
Gandhi was opposed to the nomination ofSanjiva Reddy as theparty's candidate because she
felt that Reddy would be very inconvenient to her."I told the Prime Minister" said Desai, "that
so long as the PM acted within the Constitution no President:could be inconvenient. That the
President was merely a constitutional head and there could be nodanger of his being
inconvenient to the PM". Speaking at a public meeting organized by the CityCongress
Committee Barellly on December 7,1969, Indira Gandhi dedared that NijiIlngappa faction
inthe Congress had hatched a conspiracy to outst her from power and Sanjiva Reddy was to
be theirinstrument after his election as President, so she had decided to fight them. The
'conspiracy' havingbeen foiled with defeat of Sanjiva Reddy the defeat any have been the
result of the conspiracy – therewas no occasion to put the presidency on test and the defeat
of Sanjiva Reddy led to the wide spreadbelief that the President is in fact the rubber stamp of
the Prime Minister. Though the rubber stampanalogy is unrealistic & absurd, there is no
doubt that in the Indian political system the President has atbest an advisory role and his
actual infuence in decision making is merely a function of personal andpolitical equation that
obtains between him and the PM. This means that the functions of the Presidentare not his
powers, the power lies in the Council of Minister, or as shall be explained here after, in the
PM.
President Giri in his last week in office admitted in an interview, that "the concept of
aPresidentfunctioning in opposition to Government will be a distortion of constitution but" he
added "the Presidentcould give advice. On the specific question of the role of President in
making appointment to somehigh office such as Governors, Supreme Court Judges,
Comptroller and Auditor General,ElectionCommission etc. Giri said, "here again, the role of
the President cannot be something indisregard of the executive's view". While the President
may tell to Minister that "the advice tenderedis wrong andshould be reconsidered. Giri
admitted, "in the ultimate analysis the Minister views may prevail becausethat view will have
the sanction of Parliament to which it is responsible, "Fakhruddin AliAhmed,
whilecampaigning for his election had said in reply to a question from press reporters at
Srinagar, that in ademocratic set up of the land obtaining in India, there was no room for the
head of the State to functionlike a dictator. He added that Parliament was supreme and the
President could act only in thelight of itsdecisions and opinions. So the true position is that
all the powers formally vested in the President are actually exercised by the PM whetherthey
related to appointto high civil and military offices or promulgationof ordinances or
proclamation of emergency or summoning and prorogation of parliament or dissolutionof the
Lok Sabha or the like.
President Giani Zail Singh who was the choice of the Prime Minister Mrs. Indira
Gandhi had alsothe same experience. After his taking over the highest office in August 1982,
things went on smoothly forabout a year but tension began to develop after that. The
difference came over the Punjab problem butthe real problem came a little before the army
action in Golden Temple in June 1984. The centreforwarded two ordinances, one to declare
"the whole of Punjab as a disturbed area" and other toempower the police and the armed
forces to enter any place of worship to unearth concealed arms" The President gave his
accent to the first readily but kept the other one with him for aweek but signedlater on.
Discussing the issue Rangarajan write in his article The President and the Prime
Minister"(The Tribune dated July 5,1985). "It knows fact, however, that the President advised
Indira Gandhi toresort to some other method to get rid of Mr. Bhindrawale who had entered
Akal Takht toevade arrest andmade it an armed fortress. In the end, however, Indira Gandhi
ordered the army action. He writes furtherthat some of the later developments further
widened the gulf such as the appeal of Giani Zail Singh for hisexoneration to the High
Priests. Later with Rajiv Gandhi as Prime Minister the President was reported tobe nursing a
grievance on account of his not getting information and also on the ground that
vitaldocuments relating to national policies which ought normally to pass through his hands
were not madeavailable to him. Government's refusals to let him have a look at the Thakkar
Commission report whichprobed Indira Gandhi's assassination further created a firt between
the two functionaries. The key issuewas: 'whether the President has the right to be informed
on all issue of national importance? Presidentasserted that government could not deny him
information on any subject if he asked for it. Prime Ministerinstated that it was for the
government to decide what information wasto be made available to thePresident. President
felt humiliated by the manner he was deprived of his right to information and wasbeing side-
tracked. It was reported that Prime Minister did not brief him on his foreign visits and he did
notgive him prior information about his frequent cabinet reshuffles. But during the lastfew
months of histenure the president reffused to serve as a rubber stamp and asserted his
authority in clear terms. Herefused to sign the controversial Indian Post Office (Amendment)
Bill. He wanted to know they thegovernment did not have a clear policy on judge's
appointment He summoned the Chief ElectionCommissioner to explore the delay in Haryana
elections. He demanded to know why his broadcast tothe nation (14thAugust, 1986) had been
censored. He expressed his disapproval at the way theMizoramAccord had been arrived at T
embarass to the government, he started meeting opposition leaders,including Chief Ministers
of non-Congress governments and praising theirperformance publicity. Duringthe last days
of his presidency the relation between the President and Prime Minister so deteriorated
thatthere was apprehensions that the President might dismiss Prime Minister Rajiv
Gandhi.Legal opinionwas sought on Article 75(2) which states that the minister shall hold
office during the pleasure ofPresident". But some constitutional experts pointed out that this
was not possible in a parliamentarysystem unless the Prime Minister "subverts the
democratic basis of the constitution". Article 74 and75(3) discussed in Lesson No. 10 also
makes it clear that the President cannot remove the PrimeMinister until he enjoys the
confidence of the people. Thus, for the first time the lack of neutral relationsbetween the
President and Prime Minister created serious problems.
(d) The Prime Minister and the Council of Ministers
Laski wrote in the English context that the PM is "the keystone of the cabinet arch".
He went on tosay, the PM "is central to its formation, central to its life, and central to its
death." This amply sums upthe position of the PM in relation to his cabinet in a
parliamentary democracy.
(a) Formation: It is the advice of the Prime Minister that Ministers are appointed.
Whathappens in practice is that the Prime Minister draws up the list of minister
whom hecommends for appointment on the Council of Ministers and the
appointments areannounced in the name of the President. It is not necessary
that there should be priorconsultation with the head of the State, and even if
the President is taken into confidence,he may at best exert influence to include
on exclude a name, but his influence should notbe mistaken for his power. Itis
well known that while the whole country was discussingthe impending Cabinet
charge towards the end of 1966, the President was quite blissfullyignorant of
any such move. Both Shastri and Indira Gandhi have defended the right of
thePrime Minister "to decide how to form the government, whom to have in the
Cabinet, andso on". This is a matter" Mrs. Gandhi claimed "In which nobody an
interfere." There isfeeling that "Kamaraj played an active role in the process of
Shastri's cabinet making"and "with his (Saliva Reddy’s) record it seems
doubtfulif Shastri would have selectedhim if he had an entirety free choice."
Shastri however, dented later that he hadconsulted anyone at allin the
formation of his Council of Ministers.
As the above controversy about Sanjiva Reddy shows, the description of the Prime
Minister onthe formation of the Council of Minister is not ultimate. There are various
restraints of a political,practical, personal and conventional character which delimit his
choice but whose practice nature andextend cannot be foreseen. Some or them may be stated
here below:
1. The minister must be member of either House of Parliament: if a Minister is
taken from outside theparliament,
hemustbecomeaMemberofParliamentwithinsixmonths. This is
constitutionalrequirement, in the practice; most ministers are selected from the
Parliament: outsiders are theexception, not the rule.
II. Since the Council of Ministers is accountable to the Lok Sabha, most Ministers
must be selectedfrom this house. It would be impractical to have more than a few
Ministers from the Rajya Sabha.
III. There is a convention against appointment of (i) persons defeated in the elections,
until clearedby the people in a subsequent election, (ii) nominated members
oftheRajya Sabha, to the CouncilofMinisters.
IV. Conventionally the Cabinet must represent the principal geographical areas,
communities andclasses inhabiting the country.
V. There is also the consideration of maintaining party solidarity and the Cabinet
must accommodatedifferent streams of thought in the party. The front rank
leaders cannot be ignored. It is said, they nominate themselves as their induction
into the cabinet is a foregone conclusion.
VI. The pressure of the party President and Party High Command though inseminate
and variablecannot altogether be excluded.
The PM's discretion is the residue to power after the above demands have been
fully met and it is indeed surprising that the Prime Minister's discretion is not in significant.
It is evident from thefact that from the very beginning the successive PMs have felt free to
include in the Cabinet non-partymen, non-political, non-parliamentary figures. On the basis
of friendship, expertise, family relationshipor political consideration in the
firstCabinetofNehru described asthe Cabinetof nationaltalents therewere Shanmukham
Cherty (Justice Party), B.R. Ambedkar Scheduled Castes Federation), ShyamaPrasad
Mookerji (Hindu Mahasabha). Baldev Singh (Akali) and John Mathal. Subsequently, he
inductedDeshmukh, a civil servant;ChaglaaJudge, K.L.Rao,an Engineer,
KrishnaMenon,allofthem political non-entities. Shastri is said to have included T.N.Singh in
his cabinet on the basis of hisfriendship. The list of such names in Indira Gandhi's
successive cabinets; who were outsiders toCongress and to parliament is quite large and
Includes Karan Singh, G.S.Pathak, Trighuna Sen, T.A. Pal,H.R. Gokhle, Kumaramangalam,
Ashoka Mehta, V.D.R.V.Rao etc. The notable things about thembeing that "their initiation
into politics been with their intination in the cabinet". At the time of theformation of Indira
Gandhi's first cabinet, ''Kamaraj, to whom the list was shown before swearing in,expressed
himself against the new entrants to Congress (Ashok Mehta, G.S.Pathan) being included
inthe Cabinet, be he was overruled. It is some measure of the developing power of the Prime
Ministerthat while in Nehru's successive Cabinet and also in Shastri's here were about half
of the memberswho could be said to have in a way "Appointed themselves" by virtue of
stature and standing in the partyand the country, under Indira Gandhi thenumberofsuch
Minister has gradually dwindled and theposition today is as Ashok Mehta wrote in March,
1972 that "no one can expect to be in the cabinet in hisown right. Here is shift from
Ministerial Government to a near presidential.regime. The quite exit ofSwaran Singh from
the cabinet (1975) shows that even old stalwarts of the party and government
areinvulnerable.
Ministers remained in the Cabinet largely because of their personal loyalty to the
Prime Minister.The latterseems to be entirely freein choosing her team. Even suchimportant
members of thecabinet as V.C. Shukla and Kamtapati Tripathiwere made to resign. While the
former was specificallyasked to tender his resignation, the later resigned after the PMs
critism of his Railways Ministry.There were others who were simply not included in the
Ministry. Forinstance, H.N.Bahuguna, a prominentcongressman was left
out.Itisimportanttonoteherethat many ofthemembers ofher 1980cabinetwere those who
werenot previously Cabinet Ministers.
However, quite different was the case When MorarjiDesai was the Prime Minister
(1977-79),unlike Indira Gandhi, it appears Morarji's choice of his cabinet ministers was quite
limited. It was clearlybecause Desai was leading a party which was a conglomeration of
different erstwhile oppositionparties. Keeping in view the faction riddenstructureof the
Jantaandtakinginto consideration, hisownhold on the party (which was much weaker as
compared to Indira Gandhi's hold on herparty). Desaihad practicallynochoice but to include
the members of various factions of his party in the cabinet. Even when he wasforced to drop
Charan Singh (the Home Minister) and Raj Narain (the Health Minister)because of their direct
confrontation with him, he was compelled by politlcalcircumstances to induct Charan Singh
back into his cabinet as Finance Minister.
Again, after the 1984 elections in which Rajiv Gandhi got his massive mandate; he
used hisdiscretion in his formation of his Council of Minister and left out hisseniormen like
Pranab MukherjeeandP.C. Sethi.
After 1989 and 1991 election, Prime Minister V.P. Singh and Chandra Shekhar hadto
please forvarious coalition partners while forming their Council of Ministers. Devi Lal was
offered the office of Deputy Prime Minister by both the Prime Ministers to avoid factionalism
in this coalition alliance. After1996 election, Prime Minister Deve Gowda's choice was also
limited by the fact that helped a thirteenparty United Front. Prime Minister I.K.Gujralwasalso
in the same position. Hehasa 15 party Front.After 1996 election, Prime Minister Atal Bihari
Vajpayee had an 16 party front and had to face the sameproblem of leading his allies. After
1999 elections, there weremore than 20 parties joining his N.D.A.
(b) Dismissals: What is true of appointment is equally true of dismissals. Owingtheir
appointmentto the Prime Minister, the minister holds their office at a letter's
pleasure.There are severalways in which a Prime Minister may drop a disagreeable
colleague.
(i) He/She may simply ask for the resignation of such a colleague, the most
notable example of hisbeing Indira Gandhis letter dated 3rdNovember, 1969 to
the Railway Minister. Dr.Ram SubhagSingh, telling him that "you tender your
resignation from the Council of Minister". Earlier, onOctober 15, she had
written formally to two ministers of States and two Deputy Ministers to hadover
their resignation "so that there may be cohesive and purposeful unity in the
Council ofMinisters". The Food and Supply Minister, V.C. Shuklawas also asked
by the Prime Minister toresign immediately. In 1990, Lal was asked by Prime
Minister V.P.Singh to resignin 1998.Communication Minister Buta Singh was
dismissed when he refused to resign as asked byPrime Minister Atal Bihari
Vajpayee.
(ii) He/She may shift a Minister from one Ministry to another and if the Minister
considers the newcharge inconsistent with his dignity and self respect, he may
be left with no alternative but to resignfrom the cabinet. In July, 1969, PM
Gandhi stripped Morarji Desai of his Finance Portfolioand, as expected, he
resigned from the cabinet.
(iii) The Prime Minister's own resignation amount to the dissolution of the Council
of Ministers, if aPrime Minister finds himself in a minority in the Cabinet on
any issue he may resign andreconstitute the Cabinet dropping me
recalcitrantcolleagues.
(iv) The PM may even advice the President to remove a Ministerfrom the Cabinet as
technically the Minister hold office during the pleasure of the President.
(v) The PM may commit the government by his own public pronouncement and
then it is for thedissenting Minister to decide if they shall continue in the
government or quit.
(vi) The Parliamentary practice all overtheworld confirms the principle that in case
of polity differencesbetween the PM and his Ministers itis the latter who must
leavethe government. Thisprinciplewas accepted even in the early days of our
Independence when serious-differences haddeveloped between Nehru and Patel
over variousissues, which crystallized intotheir differentviews on the
constitutional position of the Prime Minister. There is indeed a long
listofministersresigning on account of policy difference with thePrime Minister
including such eminentfigures as Shyama Prasad Mookerji, John Mathai,
V.V.Giri, M.C. Chagla; Mahavir Tyagi, AshokaMehta and T.T.Krishnamachari.
(c) Distribution of Work: The power of appointment also carries within limits, the
power ofdeciding the distribution of portfolios. There must be a few Minister who
may name a particularminister as the pre-condition of joining the Cabinet and there
are otherin whose case the optionsof the Prime Minister may be strictly limited.
Patelsuccessfully resisted theefforts of Nehru toshift him from Food to Railways (July
1963), Indira Gandhi also failed to shift Nanda from Home inJanuary, 1996. Shastri
offered Desai the choice of any portfolio he wished but he wished toconcede him the
number two position which by right belonged to Nanda, twice acting PM. In
thepolitical bargain of 1967 the choice for Morarji was either Finance or Home. The
case with whichthe PM feels free in reshuffling hispack is a sure index or strength
and it is notable that IndiraGandhi had not hesitated in changing the portfolios of
even her senior colleagues like Chaven.Swaran Singh and Jagjivan Ram reportedly
against theirwill. Rajiv Gandhi had also quite oftenchanged the portfolios of his
Minister likeK.C.Pant, Narsimha Rao, Buta Singh, Arm Nehru, ArunSingh, V.P.Shgh
etc.
(d) Coordination: The P.M. is the head of the Council of Ministers and as such it calls
him tosecure, coordination between the different Ministers and iron out differences
between them. Hethus, assumes the role of an arbiter or mediator between the
different Ministers. In case of aconflict between a Minister and another the PM may
uphold the view of, say the planningCommission as against a minister's as Nehru
did in accepting the resignation ofA.P. Jain, theMinisterin1959.
(c) Decision making in the Cabinet
The Prime Minister presides over the cabinet meetings and sumsup the consensus
among themembers on the issues under discussion. In fact by his own attitudes and
postures he may set the toneand give directionto the whole course of discussion. The
proceedings of the cabinet are secret and thepublic at large has no means of knowing what
transpires at such meetings.'The principles of collectiveresponsibility requires that every
minister should concur with the defend the cabinet decision and policywhatever his private
reservation in the matter may be evidently on question on which the PM has mademind
already there is tittle room for discussion and the PM may only inform the cabinet and may
evenannounce the decision without taking the 1C Cabinet into confidence, or if her matter is
put on the agendaof the cabinet the discussion may serve only as sounding board to enable
the PM to gauge the opinionsof his colleagues. An incident during PM Gandhi's second
government is worth recalling in Oils context.This relates to the indiscretion in hastily
sending a delegation to the Muslim conferenceat Rabat evenwithout a firm invitation, the
consequent humination suffered by it. Dr. Ram Subhag Singh, the RailwayMinister
complained to the PM that he "wanted discussion on the Rabat debate, in the Cabinet. But
wedid not get that opportunity except hearing, the view of the Foreign Minister (Dinesh
Singh) and IndustrialDevelopment Minister (FA Ahmed), To this the PM replied "would it not
have been appropriate for you to take the earliest opportunity to express such feelings in the
cabinet or either to speak or write to me aboutthem". You choose not to do so. Neither you
nor any one else asked for a separate discussion". And that 'during the cabinet discussion on
Rabat several members did ask questions and expressed their views". It may be noted here
that the most important decision to declare internal emergency in 1975 was takenby Mrs.
Indira Gandhi herself without even informing the matter to Council of Ministers. During
theemergency the powers and status of the cabinet diminished and the Prime Minister and
his small coteriebecame all powerful. The situation changed during the brief spell of Janta
rule. The decisions weretaken collectively. But the return of Mrs. Gandhi to power again in
1980, the decisionmaking was left toa small coterie. During Rajiv Gandhi's tenure also the
coterie exercised allimportant powers (althoughthe composition of coterie changed from time
to time). During the Janta Dal Government (1989-91) thePrime Minister V.P.Singh and
Chandra Shekhartook decisions, in consultation with their Cabinetcolleagues. They could
not behave other wise because they were not leader of asingle dominantparty. The Prime
Minister P.V. Narasimha Rao also had to take collective decisions as the Congressparty had
not the required majority in Lok Sabha when he took over Prime Minister and he could
notafford to annoy his Cabinet colleagues. Although during his tenure he strengthened his
position as wellas of his party in Lok Sabha although the Congress did not have the absolute
majorityin the Lok Sabha.
It must however be added that the style of Cabinet functioning will naturally vary with
the PM andwith the changing equation between the Prime Minister and other ministers
bothindividually andcollectively. The present Prime Minister Deve Gowda's decision making
power will be limited by thepresence of different coalition partners. In a few days after taking
over the office of Prime Ministership thecontroversies arose over the decisions taken.
Although the United Front had agreed to a commonminimum programme to be implemented
by its government and a steering committee has been formedto reach at decisions but still
there are points of difference on various issues. Left parities expressedtheir strong
resentment over the proposed austerity measures proposed by the Deve GowdaGovernment
envisaging virtual freeze on wages and recruitment of governmentemployees.
PrimeMinisterI.K. Gujralhad not been to take decision on the increase in petroleum prices
because of thetough stand by left parties against it. The same problem is being faced by
Prime Minister Atal BehariVajpayee while taking decision on increase in prices and cut on
subsidies.
(d) The Prime Minister and the Parliament
The PM is not only the leader of his parliamentary party; heis also the leader of the
Lok Sabhaunless heisnotamember of the houseaswasthecasewith IndiraGandhi inher first
term as PM. In that event the Ministers for parliament affairswere nominated as the leader of
the Lok Sabha. The SabhaRules of Procedure define the leader of the house as meaning "the
PrimeMinister, ifheisamember ofthe House or a Minister who is a member of the House and
is nominated by the Prime Ministerto functionas the leader of the House".
The leader of the House has a central position in regulating parliamentary business
and itstransaction. The parliamentary business is arranged by the Speaker in consultation
with the leader ofthe House, for instance, allotment of the time for discussion-of matter in
the President's address,discussion and voting on demands for grants, arrangement of the
order in which governmentbusiness shall be transacted, allotment of time on a day other
than a Friday for transaction of privatemember's business, holding secret sessions of the
House, and so on. The date of summoning andproroguingofthe House is decided by him. He
may also advise the President todissolve the Lok Sabha. Heis member of the Business
Advisory Committee of House.
As leader of the House, he should be regarded as spokesman of the House in dealing
withexternal bodies for instance, the other House, or the State Legislatures. He leads the
Houae onall ceremonial occasions for example in expressing griefon somenational or internal
calamity, or conveyinggreetings, to new born State, or to a newly elected speaker and in
conducting him to the chief afterelection.
He engages in endless discussion and consultations with leader's of opposition parties
and groupsto secure their consensus on the pending bills or resolutions or proposals for
legislation, constitutionalamendments, issues of foreign policy and like matters.
He is expected to assist the Speaker in maintaining discipline and decorum in the
House, in enforcement or rules and in safeguarding the privileges of members and dignity of
the House as a whole.
Being the head of the Council of Ministersit is his major responsibility to defend
governmentpolicies and actions to assuage the ruffled feeling in the House, to answer
questions not addressed toany particular Minister, to come to the rescue of colleague who
may have lost balance ormemory specially in answering supplementaries and to see that the
majority which sustains thegovernment is maintained at all times. All major policy
announcements on behalf of the governmentare made by the Prime Minister. He participates
in debates onall major issues such as adjournment tono-confidence motions. The practice
has developed that on the eve of the parliamentary session the PMmeets and addresses the
partiamantary party and this meeting is a good device for interest articulation. The CPP has
also an executive body which may play an even greater role that the interest aggregation.The
role, which these bodies may be called upon to play naturally, varies with time and
circumstances. Many writers have recalled the crucial part played by the CPP executive in
the exit of Menon from theCabinet in the wake of war with China in 1962 and this incident
shows the built in limitation of the PM.
In fact the CPP meeting werve the PM as sounding Board of opinions on government
policies,problems and performance and as such are a channel of communication between the
leader and theparty. More than this, they are also a barometer of the PM's strength and
popularity. Recalling Mrs.Gandhi's address to the CPP meeting on 26thMay, 1972 the
Statesman correspondent comments "itwas confident Mrs. Gandhi who used the end of the
session of the general body meeting to warndissident hues. She hardly raised her voice or
showed any emotion but those who had been watchingher closely at party forums, felt that
her tone was never so firm in the last three years.
In a coalition government, the PM's role in parliament is different. He has to appease
his coalitionpartners and sometimes has to do bargaining with the parties giving outside
support for carrying on hisgovernment.
(e) The Prime Minister and the Administration
The PM is the chief executive of the nation and as such heis the head of administration
clothedwith the full powers to implement the programmes and fulfill promises of the
party.This mass mediaof communication like the radio and the television are at the disposal
and under the control of the government which can be used by an ambitious PM to build his
own “personality cult The power of thepatronage such as appointment to high offices of the
States, nominations of delegations, foreign missions, boards of directors of public sector
banks, corporations and undertakings constitutes the'threats and 'baits' which can be used
towards the same end in a state of emergency the Union Executiveis armed with
extraordinary powers enabling it to curtail the rights and freedoms of the individual and
alsoof the press.
However, the responsibility ofPM is commensurate with his powers. These days
maintenanceof law and order is enough. Public Administration has log passe the stage of
POSDCORB view. Whatis required today is welfare administration and people have come to
look upon the government as thecustodian of their interest, and any lapses or failing on the
part of the government are regarded as breachof trust and betrayal of faith. More important,
the PM has a special responsibility to improve the livingconditions of the weaker sections of
the society. This explains the importance of the 20 Point Programmeof the Mrs. Indira
Gandhi, including such ameliorative measures as abolition of the bonded labour,liquidation
ofrural indebtedness, review of laws on minimum agricultural wages, development of
handloom sector, apprenticeship scheme to enlarge employment, house sites for the landless
etc. RajivGandhi also kept up his this practice by announcing New Twenty point Programme.
In a way the PMshave come to be looked upon as individually responsible for theentire
government and efficientadministration.
(f) The Prime Minister and Defence
This is evident from the central position of the PM in period of national emergency like
was internal disturbance or external threat or a financial crisis.
The PM makes declaration of war and peace. He is the chairman of the National
Defence council.All major appointments to the military high command are done with his
approval. He may even influencethe course of war as Shastri reportedly did by ordering the
military to cross intoLahore Sector ofPakistan in the war of 1988, or as Mrs. Indira Gandhi
did when at the pitch of military success in 1971,she ordered a cease fire all along the
western sector. Shastri signed the Taskent Declaration, Mrs. IndiraGandhi, the Shimla
Agreement to bring the state of hostilities to and end with Pakistan, during the waroperations
the PMs can ask for and obtain as much power and authority as they can confidently
exerciseand even the Opposition in the Parliament and outside is silenced for the time being.
A PM who leads hiscountry to victory is one who delivers his people of unemployment,
inflation, price spiraling, scarcity, black marketing, hoarding and other social and economic
crises.
(g) The PM and Foreign Affairs
In relation to foreign states, the PM serves as the spokesman of nation. His utterances
andspeeches are most authentic exposition of the Government's establishment of diplomatic
envoysacceptance of foreign-aid and loans, collaboration with foreign firms in industrial
development and thelike. Nehru was his own Foreign Minister but even if the Foreign
Affairsis under the charge of separateMinister (as under Shastri and Indira Gandhi) the PM
must be informed of all the developments inInternational affairs including the United
Nations. All major policy decisions are taken only in consultationwith him. It was to this act
that Mrs. Indira Gandhi alluded when she held a meeting of CPP in August29,1969 that
'person heading the Central Government had wider responsibilities'. She said, "as PM. he
orshe represents the country in dealing with peoples and governments of other countries". A
successful foreign policy may carve out for the PM an internal position and status.
Thisexplains the special respectwith which PM Gandhi was treated in the conference of non-
aligned powers at Colombo (1976), andduring her trip to African countries in early October
1976.
In 1997, when I.K.Gujral became Prime Minister he retained foreign affairs with him
like the firstPM Nehru. (He was foreign affairs minister in the United
FrontgovernmentheadedbyDeveGowda). Hehad introduced 'Gujral Doctrine' In relation to
neighboring countries, which made its mark on SAARCSummit in 1997. Under the leader of
PM Atal Behari Vajpayee, Pokharan-ll tests were conducted in thenuclear arena on May
11,1998 enhancing the prestige of India in Intenational field.
(h) The Prime Minister and the States
Under the Indian Constitution, States of the Union are autonomous within the sphere
assigned tothem and on the pattern of the Union, they have their own legislative, executive
and judicial organs. TheConstitution recognizes the supremacy of the Union over the States
in certain matters: (a)the Governorof the State is appointed by the President, which means
that the Prime Minister must have a controlling hand in it. The government besides being the
constitutional head to the Stateis also looked upon as the agent of Centre in the State
concerned, (b) the Union Government can give direction to a State as tosecure compliance
with Union laws, (c) during national emergency, the Union Executive may givedirections to
any State as to the manner in which its executive power is to be exercised, (d) Under Art.356,
if the President, on receipt of a report from the Governor of a State, or other wise is satisfied
that asituation has arisen in which the Government of the State cannot be carried on in
accordance with theprovisions of the Constitutional, the President may assume to himself all
or any of the functions of theGovernment of the State, (e) Under Act. 31 (3) state legislation
affecting property right must receivePresident's assent.
ThePrimeMinisterwho isthechief executive isthus inaposition, andmay
claimtoexerciseandhas exercised in the past the following rights:
a) Right to dismiss the Chief Minister of a State and State Ministry under Art. 356.
This wasdone in Kerala (1959), Haryana (1967), Tamilnadu (1967) even though
ministries inquestion enjoyed majority support in the Legislative Assembly. The
bulk dissolution of State Assemblies in 1977 and 1980 are also examples of this
power.
b) Right to determine the nature and pace of social change and economic reform in
theState. This is the inevitable result of restriction placed or State's legislative
power underArt. 31(3).
c) Right to deploy Central Reserve Police in any State for protection of Central
undertakingsand offices in the State; and right to deploy armed forces of the
union or any other forcesubject to the control of the union In any State In aid of
civil power: (7thschedule union listentry 2-a).
d) Right to choose the governor of the State. - .
The above rights may be exercised In disregard of the State Government's wishes in
the matterin those States where the PM's own party happens to be in power as has usually
been the case in ourcountry, the PM may exercise as much power in the internal politics and
government ofthe State as hisown stature in the party and his political equation with the
State leaders may permit. Both Nehru and Mrs.IndiraGandhi from time totime freely dictated
the choiceof Chief Ministers of States under the congressrule. PM Gandhi even 'deputed'
junior ministers of her won Council of Ministers to head the StateGovernment for instance
Nandini Satpathi In Orissa, S.S. Ray in West Bengal, Ghanshyam Ojha inGujarat. P.C.Sethi
in Madhya Pradesh and H.N.Bahuguna in U.P. Many times the choice of State CMs insome
states was left entirely tothe PM e.g. V.P.Singh in U.P. was sent by her as Chief Minister in
1980.In the Congress ruled StatesShe composition of the ministry was deemed to be the
'preserve of theCentral parliamentary Board and the Prime Minister being the most
influential member of the Board wasnaturally in a key position to decide the personal of
State Ministers. In the post-Nehru are specially afterthe Great Split of 1969 the States have
failed to throw up leadership of stature, eminence character orpopularity. Most of those who
are at the helm of affairs in the states are simply those who at time of thesplit were not in the
front rank and who found atopportunetojumpon tolndira Gandhi's band wagon andthus by
sheer accident of political fortune have moved to the setof power. After the 1972
assemblyelection the Bihar Congress legislature party even passed a resolution stating that
any candidatenominated by Mrs. Gandhi as leader would be acceptable to it. This example
was followed by otherstates like Gujarat andAndhra Pradesh. The same happened in Uttar
Pradeshafter Assembly Electionsinl980.
(i) The Prime Minister and the Party
The PM is the leader of the parliamentary wing of the party. At times, tie may combine
in hisperson presidentship of the organizational wing as well legislativewing asis the case
these days. Evenif he does not, he may see to it that the President of the party is a person
whois his own nominee or atleast a man who is willing to play second fiddle to him at all
times. This was done right in Nehru's timewhen he kept the office of the Congress President
with him and later made such peoplePresident aswere his own followers.
The PM can legitimately claim the right to run the affairs of the government without
any fetters' onhis discretion from the party organization. In the controversy on the role of the
PM and the party chief, PMGandhi flrmly declared that There should be no fetters on the
discretion of the PM as long as he or shecommands the confidence of Parliament". She added
"the PM will have to go if the person forfeits theconfidence of the parliament", otherwise he
must have full discretion.
In an earlier meeting with a group from nonHindi speaking states.She questionad the
competenceof the Congress President to "act over the head of the Parliamentary party", even
In the matter ofenforcing party discipline. She was in this an attempt to humiliate her and
denigrate the office of the PM.She said "it was only in communist countries that the party
was considered superior to Government. Indemocracies the Government had a decisive voice.
It is the elected people who matter27 in thesocalled Unity Resolution of August 25,1969, the
CWC soughttoend this controversy by pointing outthe need for two key figures in the
organization, me President of the congress and the leader of theparliament party, to work
harmoniously and with mutual understanding". It went to say that "they'are notrival centres
of power, they have to function in a complementary manner in the interest of the party
andthe country".
The PM, it must be admitted, owes his office and position to his party. As Nijlingappa
reminded PM Gandhi in his letter dated October 28,1969 "the PM is not a Swyambhu (one
who exists by himself), it cannot be forgotten that the PM is the elected leader of the
Parliamentary Party which consists who inturn have been elected as the party's nominees, it
is Party's manifesto that is placed before the people.It is the party's workers who camp,
canvass and get votes polled.
But Indira Gandhi successfully demonstrated that the expulsion of the PM from the
party does notautomatically terminate his tenure as the PM. Itwas discovered in this
controversy that there were noprovisions inthe constitution of the CPP for removal of me
leader except by a vote of no confidence by atwo third majority of the members present at a
meeting specially called for the purpose. Hence PMGandhi's removal from the Congress and
declaring that as a consequence of such removal she hasceased to be the leader of the
Congress party in parliament, in which capacity she holds the position of PM is illegal and
invalid. In a resolution they said, "The Congress party in parliament consists
ofdemocratically elected representatives of the people according to the Constitution and law
of theland". ThepartyhasitsownConstitutionandrulesofprocedure. The leader of the party is
elected by theparliamentary party and such leader having the confidence of Parliament
becomes the PM. Mrs. IndiraGandhi continues to be the leader of the party unless the party
support of Parliament, she is entitled tofunction as the Prime Minister. They said, in
conclusion, "This is not merely on the basis of the technicalitiesof rules and regulation, but
on the solid basis that she has the support of at large majority of the CPP andan
overwhelming majority of the Congressmen all over the country. More than anything else, she
todayrepresents the aspirations of millions of our contrymen, who acknowledge her as the
leader of the nation.It is presumptuous on the part of these handfuls of men to
takedisciplinary action against the democraticallyelected leader of the people".
Subsequent events provedthat actionof the CWC was almost quixotic and had the
effect ofisolating the syndicate leader, while tehlarge majority of Congressmen party. In this
way, the Congresswas split into two. described popularly as Congress (R) and Congress (0),
the latter R denoting theRequisitionist group and (o) standing for the Organizational wing of
the party,in less than two years thelatter was reduced to no more than a pressure group in te
Union parliamentwhile PM Gandhi successfullylad her party to thumping victory in the
general election held in 1971.
This, however, does not mean that the party organization has no rote whatsoever,
Indira Gandhirepeatedly declared herself that "I have never claimed absolute powers to the
Government or for myselfas PM ignoring the party altogether. On the other hand, I feel
strongly that the organization and thegovernment have to function in a complementary
manner in the Interest of the party and the country.Government action alone cannot bring
about the wide-ranging social and economic changes in India thatare vitally necessary and
urgent. The work of the organization does not end with the lying down of broadpolicies. Even
more important is its responsibility to rally the people in their millions in support ofaccepted
policies". Prime Minister Gandhi complained that she was not getting that vitally
neededorganisational support implying that the party was not acting among the people.
Nijlingappa, on the otherhand, afieged that the PM exhibited an extraordinary attitude to the
role and rights of the organization. Inhis letter dated October, 28,1969 he said bluntly, "you
are uneasy when the organization of even theorgans of the parliament party want to review
the policies or actions of administration. You give the impression that you will be happy if
role of the organization can be abridged in formulation policy, reviewing, administration
action and setting up candidates in elections. There are many occasions onwhich you have
shown you disinclination to detailed discussion of policy in the Working committee and deaft
peremptorily with the desire of the executive committee of the Parliamentary party to
discussmatters which definitely fall within their spheres of competence and responsibility. He
claimed that theparty organs had the right (1) determine and review policy, (2) to nominate
candidates for elections and(3) even to change the leader, and (4) the party does not exist
merely to give its consent to what the PMsays and to glorify the leader.
It must be added that the PMis the most influential single person in the party. He
belongs to itskey bodies such as the Working Committee, Election committee, the
Parliamentary Board etc. Asmembers of the Election committee he participates in selecting
party nominees for parliamentary and State Assembly elections. As a member of
parliamentary board he exercises control and supervisionover the working of the Ministers in
the States. The party looks to the PM for leadership, and guidanceand he looks to the party
for support, which is the first requisite for power and office. In this way, the
twoarecomplementary to each other, an the degree to which the party becomes subservient to
the PM is themeasure of his personal and political ascendancy and power, but in the
ultimate analysis the PM'sposition if the higher organ of the party depends upon his hold
over the rank and file and especially overthe people at large.
During the last year PM indira Gandhi has amassed too much power owing to her
popularity as anational leader, that the organization has practically become a rubber stamp
in her hand.
Rajiv Gandhi also estabiished his hold on the party and his own group (caucus) to
have rapportwith his party leaders. The P.V. Narasimha Rao had not that comfortable
position in his party and therefore,could not play a decisive role in the government. The
dissidents in the party were always working againsthim and ultimately in May 1995, Anun
Singh and N.D.Tiwari group left her Congress (I) and formed theirown party. Narasimha Rao
was, however, able to withstand this crisis and completed his five-yeartenure. PM Atal Behari
Vajpayee also enjoys good rapport with his party but he has to keep in view theopinion of
other important leaders of his party while taking decisions on isues of party and
thegovernment. There is also pressure of R.S.S. leadership on him. As a Seaser of coalition
governmenthe has also to balance between his party leaders and the leaders of coalition
parties,
(i) The Prime Minister and the People
One result of the modern developments, in he means of transport and as a media of
communication has been that in the present day democracies, the chief executive (The US
President and Indian PM) hasin effect become the direct choice of the people. In a
parliamentary democracy, the parties go to the pollson the basis of an election manifesto but
it is common experience in England, as well as in India that thegreatest asset of party is the
charisma of its leader. The situation, therefore, is that the leader is noldependent on the
party for his ejection. It is the party that is returned to power on the wave of the leader's
popularity, in England Jennings has pointed out that a general election has become In fact
the election ofthe PM. The voters who caste votes in favour of the party candidates are in fact
voting for the leader ofthe party. The PM can thus claim to exercise authority and power
independently of his colleagues inthe party and the government on the basis of his direct
mandate from, the people. In England, HaroldWilson, the PM claimed in 1974 "I am the
custodian of the manifesto on which we were elected". He hasbuilt up the theory that "the
PM, like the American President is directly answerable to the people. Thiswould make
members of though ruling party mere bobby fodder with the "primary function of
supportingtheir executive in Parliament". Little surprising, therefore, commentators have
seen in the Wilson Lanstyle of government "the presidentialisation of the Prime Ministerial
system of government".
Mrs. Indira Gandhi was aware that her real power flows neitherfrom the constitution
nor from theparty but from the people. The view she expressed in an interview with the editor
of a New York weekly.Transindian on July 2,1976 are worth recalling her. She said." I will tell
you that my power is, My poweris the people's support, if my party felt that I did not have the
support of the masses they would not wantme at all whether I have good programme or a bad
programme. So the power flows from the people.The power comes because while we have this
system, each MP looks out to who will help him to win hiselection. And you cannot do it in
this country with money. If you could, they why is it that some of our richbusinessmen and
people who have stood in backward areas could not get elected whereas a poorworker did so.
This is my only power, and if I am able to persuade anybody it is because of that power".
However, these lines are not a mere historic. As we all know today, voting for Congress
(1),practically meant voting for Indira Gandhi. She commanded direct support from the
voters and certainlynot dependent on her party which inthis case was her own creation. It
was in such an atmosphere thatRajiv Gandhi amassed votes in the 1984 Lok Sabha Election
due to the sympathy wave for Mrs. IndiraGandhi after her assassination. PM Atal Behari
Vajpayee has also a massappeal. BJP came out as thelargest party because of the popularity
of its leader. Because of his popular and charismatic appeal hebecame the obvious choice for
the office of Prime Minister after 1996,1998 and 1999electionsnot onlyfor BJP but for its
allies and coalition partners also.
It is this power andthe consciousness of this power that places the PM at the apex of
the partyand makes the PM the pivot of the political system.
(k) Is the PM a dictator?
The PM, thus, becomes the repository of the entire state power. This is not, however,
broughtabout by any deliberate plan or conspiracy. The supremacy of the Prime Minister is
inherent in theParliamentary system and is the inevitable consequence of its process. In fact
every political systemmust provide for distinctive location or authority and responsibility at
various levels of government and inthe parliamentary system this specific organ at the
national levelis the PM., The important thing is to whatend the power is exercise and whether
there are any builtin safeguards against the misuse or abuse ofpower, that is its exercise in
an arbitrary manner of selfish, personal or factional interests. In fact quiteoften the
complaint, the democracy is incompatible with strong government. So if the PM is able to
givedrive, direction and aynamism to the political process, there can be no cause for concern
or complaint.
As regards the apprehension that the PM can become a dictator and rule arbitrarily, it
must benoted that the PM has to function with a system of checksand balances. He owes his
office to hisleadership of the Parliamentary party, which, in turn, he owes to his supremacy
in the party organization.It is therefore, essential for him to carry his party both inside and
outside the parliament with him. Inparticular, he must see that he enjoys the absolute
confidence and support of his principal colleagues,both in the party and in the government.
He has to elicit their views, he cannot as in dictatorship, extractit, it has, therefore, been
rightly remarked that a PM is a much powerful and no more than his colleagueslet him be.
Finally, PM who has become the centre and focus of ordinary citizen's interest and
attention,must fulfill the minimum expectations of the people as the latter held no one else
than the PM responsiblefor ensuring not only law order but also social and economic justice
for removing inequalities in wealth"and income and for ensuring national security and
upholding national dignity and honour. The PM is thus, at once accountable to (a) the
parliament, (b) the party, and (c) the people at large. Within the partyhis position is merely a
function of the education, which he is to establish with his senior colleagues, theparty
president, the CWC members, Chief Minister of States and PCC chiefs. Within the
governmentthe Parliament party and Cabinet provide the institutional checks upon him. Itis
true that a PM who ispopular with the masses and has charismatic personality and dynamic
programme of social andeconomic change and reform can appear to allocate to himself the
entire decision making power. Butthis can be so only (i) if the parliament, party and Cabinet
acquiesce in it as had happened, to someextent, during the period of internal emergency
(1976-77) and (ii) in the measure that the PM becomesthe voice of the people or the
embodiment of what Rousseau called he General will e.g. it was partly trueof the years of
Nehru's regime as Prime Minister. If political as the equilibrium point of democracy
ratherthan alapse into dictatorship.
10.7 Summary
Prime Minister is the real executive head in a parliamentary system. Prime Minister of
India alsoenjoys and exercises the supreme authority. All the powers that are vested in the
President are actuallyexercised by him. Although the constitution does not say much about
his powers but in reality he is thereal ruler. The leader of the majority party in Lok Sabha is
appointed as Prime Minister by President. If theleader is obvious, then there is no problem as
was in case of Nehru. But when there is no unanimity inthe party about the leader, then the
parliamentary party and the party organization play a crucial role inthe choice of PM. In a
coalition government the steering Committee of all coalition partners plays animportant role.
The Prime Minister has large powers and he enjoys aposition of supremacyin relation tothe
principal organs of state and political power. He plays a key role in formation of his cabinet
distribution of work, dismissal of ministers and decision-making in the cabinet. He has a
hand in selectionof his party's nominee for presidency. President has also toact on the
advice. He is the leader of his party,leader of Lok Sabha and leader of the nation. As a Chief
Executive he is also the head of administration.His responsible for the defence of the country
and in relations to foreign affairs he serves as thespokesman of the nation. As a head of
federal state he also controls the states. But he cannot becomea dictator in a democratic
system. He has to work with the support of his cabinet colleagues. Heisresponsible to the
parliament, the party and the people at large. Opposition also checks his arbitrarypowers
and keeps a constant vigil.
10.8 References
1. Kothari, Rajni, State Against Democracy, In Search of Finance Governance,
Ajanta, Delhi, 1989.
2. Austin, Granvilla, Working of a Democratic, Constitution, OUP, New Delhi, 2000.
3. Kaushik, Susheela (ed.), Indian Government and Politics (Hindi), Directorate of
Hindi Information, Delhi University, 1990.
1. A.G. Nearani, Constitutional Questions in India, OUP, New Delhi, 2004.
2. Austin Granvilla, The Indian Constitution: Correstone of a Nation, OUP, Oxford,
1966.
a) Discuss the pivotal position ofPrime Minister in the Indian Political System.
b) Discuss the position of Prime Minister in relation to President.
*****
Lesson-11
UNION PARLIAMENT - STRUCTURE, FUNCTIONINGAND

COMMITTEE SYSTEM
Structure
11.0 Objectives
11.1 Introduction
11.2 Composition of Parliament
11.2.1 The council of States (Rajya Sabha)
11.2.2 The House of the People (Lok Sabha)
11.3 Speaker
11.4 Functions of the Rajya Sabha and its relations with Lok Sabha
11.5 Legislative Procedure , '
11.6 Parliamentary Committees
11.7 Opposition in Parliament
11.8 Phenomenon of Hung Parliament
11.9 Leadership Pattern
11.10 Summary
11.11 References
11.0 Objectives ,
This lesson deals with the composition, powers and working of Parliament. After
studying this lessonyou should be able to:
• understand the composition of Parliament;
• analyse the powers and mutual relations of both houses;
• know the legislative procedure in Partiament: and . ,
• discuss the role of opposition in Parliament
11.1 Introduction
In the preceding two lessons you have studied about Union executive. In this lesson,
you would studythe second important organ of government i.e. legislature. Under the
constitution, a bi-cameral legislaturecalled Parliament has been established at the Union
level. It has two houses, the Rajya Sabha and theLok Sabha. As the constitution establishes
a federal system of government, there was almost unanimityamong the framers for achieving
a balance between the direct representation of people and therepresentation of units as such,
by setting up two Houses, one representing the people as a whole andthe other, the
federating Units. The two house of Parliament are the Council of States (the Rajya Sabha)
and the House of People (Lok Sabha). The names of the Houses fairly reflect the nature of
their composition.The Lok Sabha is composed of directly elected representatives on the basis
of adult franchise. TheRajya Sabha is composed mainly of representatives of the State,
elected by the legislative assembliesof the states.
11.2 Composition of Parliament
Under Article 79 of the Constitution, the Union Parliament consists of the President
and the twoHouses-the Council of States (Rajya Sabha) and the House of People (Lok Sabha).
Though, thePresident is not a member of either House, yet he remains an integral part of the
Parliament. This isvery much in conformity with the principles and traditions of a
parliamentary system of government. InBritain too the Parliament consists of Queen, the
House of Lords and House of commons. Being anintegral part, the Indian President does
perform certain important functions in connection with theproceedings of the Parliament.
11.2.1 THE COUNCIL OF STATES (RAJYA SABHA}
The Rajya Sabha is the Upper House of the Union Parliament. In spite of the
theoretical denunciationsof second chamber, the Constitution Assembly was unanimous
about its usefulness as an integral partof the general scheme of the Union Government. As
its name implies, this house is composed ofrepresentatives of State: i.e.the constitution units
of the Indian federation. It consists of not more than250 members, 12 of whom are
nominated by the President from among persons who have achieveddistinction in literature,
art, science and social services. The remaining members (238) are therepresentatives of the
States and Union Territories. They are elected indirectly to the House, by theelected members
of their Legislative Assemblies. This election is conducted in accordance with thesystem of
proportional representation by means of single transferable vote. The
representativesofUnionTerritories are, however, elected in such a manner as Parliament may
prescribe form time to time. Atpresent there are 33 members in Rajya Sabha.
We find that the different States (Units) of India have not been given equal
representation-in the UpperHouse, as is found in the other known federations of the world,
like America, Switzerland. Here, seatsare assigned to Units on tie basis of population and
importance. For example, Uttar Pradesh cansendas many as 34 members while Punjab can
send 7, Haryana 5 and Jammu and Kashmir 4 only.
The qualifications for a member of the Rajya Sabha are the following:
(i) He must be a citizen of India.
(ii) He must not be less then 30 years of age.
(iii) He must possess such other qualifications as may be prescribed by Parliament.
Rajya Sabha is permanent body, and therefore, it is not subject to dissolution, its
members areelected for a period of six years, subject to the condition that one third of them
retire after every twoyears. This way, the house retains the element of stability, as it does not
have to be renewed as a whole,at any one time. On the other hand, Lok Sabha undergoes
overhauling after every election with theresult it more or less, a new House every time.
The Vice-President of India is the ex-officio Chairman of Rajya Sabha. There is also a
Deputy Chairmenelected by the Rajya Sabha from among its members, who presides over its
meeting in the absence ofthe Chairman.
11.2.2 THE HOUSE OF THE PEOPLE (LOK SABHA)
The Lok Sabha commonly known as the Lower House of the Parliamentis composed of
directlyelected representatives on the basis of universal adult franchise from territorial
constituencies. Theallotment of members of the various States is done on a population basis
to secure and maintain someuniformity in whole structure.
One point to be noted here is that unlike many other constitutions, the maximum
number of memberto be elected to the LokSabha has been fixed by the constitution.
Originally, this number was fixed at500. Later on by passing various amendments, the
parliament raised its strength to 525 and now it hasagain been raised to 545. 525 of
members are elected from the States directly by the people and 20 fromUnion Territories may
be elected directly or otherwise, as Parliament may, by law provide. At present,there are 543
members. There is a provision in the Constitution under which President can nominate
notmore than two members oftheAnglo Indian Community to the Lok Sabha. If no member of
that communityis elected to the House or if he thinks that it has been inadequately
represented. Also, it includes anominated members of Sikkim, and one nominated member
from Andaman and Nicobar Island whocannot secure representation by means of election. All
these reservations-except (for the tribal of Assam)were to cease after the expiry of ten years
from the date of commencement of Constitution. But' thisperiod has been continuously
extended in theinterest of the people concerned. The elections of the LokSabha are conducted
on the basis of universal adult franchise. Every citizen who has completed the ageof 18 year
is entitled to voteprovided; he is not an alien, does not possess an unsound mind and is
notcriminal.
A candidate for the membership of Lok Sabha must be a citizen of India and must
have completed 25years of age. He should also possess such other qualifications as may
beasprescribed by Parliamentby law. No person can be a member of both the Houses of
Parliament or of a House of Parliament and aState legislature at the same time. Besides, a
person will be disqualified (i) if he abstains for a period ofsixty days from the meetings of the
house without the letter's permission, (ii) if he holds any office ofprofit under the government
of India or of the States; (iii) If he is declared to be an unsound mind and(iv) If he has
voluntarily acquired the citizenship of another country.
The normal life of the House is 5 years counting from the date of the commencement
on its firstSession. The president may however, dissolve it sooner at any time, in accordance
with the usualpractice in a parliamentary system. The dissolution of Lok Sabha in
1970,1979, 1991, 1998& 1999 bythe president is an ample proof of the fact that such
situations do arise in Parliamentary democracies.On the other hand the Parliament is
empowered to extend its life by law, while a proclamation ofemergency is, in operation, for a
period of one year, at a time and not continuing, in any case beyond aperiod of six months
after the proclamation has ceased to operate, i.e. dissolution, must come within sixmonths of
expiry, of the proclamation. The Indian history of recent past, givenevidence to thissituation
also when Lok Sabha extended its life for one year during emergency under
IndiraGandhi'sregime.
The House has to meet at least twice a year and the interval two consecutive sessions
does nothave to be more than six months.
11.3 Speaker
The presiding officer of the Lok Sabha is called the Speakerwho iselected by the House
from amongits members. He holds his office so long as he doesn't cease to be a member of
the House he may resign also whenever he so chooses, or may be removed at any time on a
resolution passed by the majority of the members. Such a resolution can, however, be moved
only after 14 days previous notice. It has been provided that the Speaker shall not preside
over the House whensuch a motion of no-confidence is under consideration, although he
shall have the right to present himself in the Housefor speaking anything and every thing in
his defence. Only once such a motion of no-confidence is under consideration, although he
shall have the right to present himself in the House for speaking anything and every thing in
his defence. Only once such a motion of no-confidence was moved in the Lok Sabha, and
that was against the Speaker Mavlanke, on December 18, 1954 by the oppositionon the
ground that he had ceased to maintain an impartialattitude which was expected of him. The
motionwas, however, rejected. Itis interesting to note that when the House is dissolved, the
Speakeris not to vacate his office, until immediately before the first meeting of the fresh
House.
Although the speaker the Lok Sabha has inherited many of the conventions
surrounding the BritishSpeaker, yet there is one significant difference which lies in the
practice that the British Speaker ceasesto be a party man after the election to his office and
consequently he is returned uncontested tothisoffice term after term aslong as he is a
member of the House, and is willing to serve, irrespective of thechanges in the party
structure of the House. Even at the time of General Election, heisleft unopposed inhis
constituency. On the other hand, the Indian Speaker does not cease to be a member o his
partnerdoes he keep himself completely away from politics, but inside the House he is
supposed to be impartialand neutral.
The details of the functions and powers of Speaker in India have been given in the
Rules ofProcedure and Conduct of Business in Parliament (1950) as follows.
First and foremost, he is the presiding officer of the house and as such conducts its
meetings. Hedetermines the order of business in the House, in consultation with the leader of
the House. He decidesthe admissibility of questions and can disallow questions not
conforming to the rules. His consent to amotion of adjournment to discuss matter of urgent
public importance is essential. He allocates time forspeeches on such a motion. No motion to
introduce a bill is necessary, if the Speaker orders its publicationin the gazette. He decides
the admissibility of a resolution. He decides time limit for speeches on thebudget and takes
all the necessary steps for the timely completion of all financial business. He recognizesthe
members and decides the order of speeches. The members have to address him. They ask
questionsfrom other members, through the Speaker.
Besides, he has to preserve order the decorum in the House. He decides points of
order, and hisdecision is considered final. He can order any member guilty of disorderly
conduct to withdraw from theHouse. He may name a member for suspension if the latter
disregards the authority of tha chair orobstructs the business of the House. Speaker may
even adjourn or suspend business in case of gravedisorder. He may order the expunging of a
word or words used in the debate from the proceedings of theHouse if in his opinion they are
defamatory, indecent, unparliamentary or undignified. He is also theguardian of the
privileges of the House and the Savior of interest of the minorities. Like the Speaker of
theHouse of Commons, he certifies whether a bill is a Money bill or not. He endorses or
certifies a bill beforeif is passed on the Rajya Sabha or presented to the President for his
assent. While questions aredecided in the House, he is not entitled to vote in the first
Instance, but he exercises a casting vote incase of tie. He is also empowered to allow any
member to speak in his mother tongue if he cannotadequately express himself in Hindi or
English.
Not only this, he keeps control over the secretariat of the parliament. He regulates
admission of thestrangers and press correspondents to the galleries and other lobbies of the
House, who are subject tohis orders and discipline in his House.
If at any time, there is no quorum in the House (1/10 of the total membership of the
House) it is theduty of the Speaker either to adjourn the House or to suspend the meeting
until there is a quorum.
The list of the powers and functions of the Speaker of our Lok Sabha does not exhaust
here becausethere are still many more to follow. These are that he is the supreme head of the
Parliamentary Committeesset up by him or by House. He issues directions to the Chairmen
in all matters rotating totheir workingand the procedure to be followed. He guides them by
holding periodical consultations with them andmembers. The Speaker reads all reports of the
committees and keeps in touch with their activities. Alldifficulties and matters of importance
are referred to him for guidance and advice. He may even ask thegovernment to supply such
information to the House or its Committees, as may be essential in the, publicinterest. And
then, he is the ex-offico chairman of some of the vital committees of the House, such asRules
committee, the Business Advisory committee and the General purposes Committee.
The speaker is also the principle representative and spokesman of the House. He is to
receive allpetitions, appeals, messages and documents addressed to the House. Moreover, the
orders of thehouse are executed through him. He is, further, the communicating channel
between the President andthe Parliament.
This shows how such vast powers are exercised and such a long list of functions is
performed bythe Speaker. There remains no doubt about it that his job is really of a vary
responsibility.
The Deputy Speaker: He is elected and removed from office in the same was as the
Speaker; Hepresides over the meeting of the Lok Sabha in the absence of the Speaker and
exercises ail powers thatare vested in the Speaker. His rulings, so for as, they are related to
matters under discussion, are usuallyfinal. However sometimes, he may reserve the matter
for the ruling of the Speaker, if some doubts cropin.
It should be kept in mind that so long as the Speaker isin chair, the Deputy Speaker is
just like anordinary member of the House.
Panel of Chairman: Sometimes it may happen that the House is meeting according to
schedule,but the speaker and Deputy Speaker are no where to be seen. One should not have
this idea that in theabsence of these two, the House would go unpersuaded. Because there is
a provision that out of a panelof six chairmen, nominated by the speaker at the
commencement of Parliament from time to time as thecase may be preside. Some of the
members of this panel are, by convention, chosen even form theranks of opposition parties.
When the Chairman is presiding he has all the powers of the Speaker, justthe Deputy
Speaker has when he acts for the Speaker. Otherwise he is an ordinary member in
thepresence of the Speaker or the Deputy Speaker in the House.
Now coming to the unfactions of the Parliament, we may say that since all legislatures
are not of thesame type, therefore, they do not exercise the same set of functions. For
example, the legislature is anautocratic. State is not a law-making body in the real sense. It
only passes those laws which it is askedto pass by the powers that be one sometimes, It
function purely as a consultative body consulted by theruled (the absolute monarch or
dictator), occasionally. On the other hand, in a Parliamentary country thelegislature is much
more than a law making body. Here, the executive is really subordinate to legislatureand the
latter supervises practically every sphere of government activity. Let us go through the
powersand functions of the union legislature in India. We take up the functions of the Rajya
Sabha and itsrelation with the Lok Sabha so that the position of both the Houses becomes
dear.
11.4 FUNCTIONS OF THE RAJYA SABHA AND ITS RELATIONS WITH LOK
SABHA
The powers and functions of the Rajya Sabha which are generally classified as
legislative, financial,executive, constituent and miscellaneous, may be taken as up as follows
:
To begin with, as regards legislative powers, the Rajya Sabha has just the same
powers as the LokSabha, except with regard to financial legislation which can be introduced
only in Lok Sabha thus, any billother than a money bill can originate in it and no bill can
become a law unless agreed to by both theHouses. When a bill which has been passed by one
house and transmitted to the other House.
(a) The bill is rejected by the other house or
(b) The House have finally disagreed as to the amendments to be made in the Bill or
(c) More than six months elapse from the date of the reception of the bill by the
other House withoutthe bill being passed by it.
The President may, unlessthe bill has lapsed by reason of a dissolution of the House of
the people notify to the House by message if they are sitting or by public notification if they
are not sitting, hisintention of summon them to meet in a joint sitting for the purpose of
deliberating and voting on the Bill,provided that nothing in this clause shall apply to Money
Bill.
In the financial sphere the power of the Rajya Sabha is almost negligible. A money Bill
can originatein the lower house only after being passed by that House, it is forwarded to the
Rajya Sabha for itsrecommendations, which it must make within fourteen days. If it falls to
do so, the Bill becomes law aspassed by the lower House. If, it makes recommendations, the
Lok Sabha is free to accept or rejectthem as it pleases. Thereafter, the bill is sent to the
President for his assent. Thus, in financial matters,the Rajya Sabha has only an advisory role
to play, which too is least significant.
In its executive domain too Rajya Sabha has very little to do. No doubt, it has every
right to be fullyinformed of all matters, connected with the government activities, and it can
influence the governmentthrough questions, adjournment motions, debates, resolutions, call
attention motions and thus has ampleopportunities of subjecting its policies to criticism. But
it has no right to pass a censure motion againstthe government because the constitution
makes the council of ministers collectively responsible only to the Lok Sabha, and not to both
the House. The council of Ministers can remain in power only as long asit enjoys the
confidence of the Parliament and the confidence of the Parliament meansthe confidence ofthe
Lok Sabha, The principle is justified on the basis of the popular character of the Lok Sabha.
In aParliamentary Democracy, government must be accountable to the people and the Lok
Sabha atone iscomposed of the directly selected; representatives of the people. So, once
again, Rajya Sabha'sposition becomes subordinate.
Both the Houses have an equal share so far as the constitutional amendments are
concerned. EachHouse of the Parliament has to pass an amending bill by a majority of its
membership as well as by 2/3majority of the members present and voting. A bill to amend
the constitution may originate in RajyaSabha also.
The story does not end here because we find there are situations when Rajya Sabha
does exerciseeffective role. We can identify those situations as follows.
Firstly, the elected members of the Rajya Sabha participate in the election of the
President of India.Secondly, it has the same powers as the Lok Sabha has in so far as the
impeachment of President isconcerned. As you know, a resolution to impeach the President
may be moved in either of the twoHouses of the Parliament and approved by 2/3rd majority
of the tolal membership of the same House. The other House sits as the court of the trial and
if its 2/3rd majority confirmthe charges, the presidentis removed from the office. Thirdly, as
already known to you the Vice-president of India is elected byboth the Houses of Parliament,
assembled at a Joint session. Also, he is removable by a resolution ofRajya Sabha and then
agreed to by the LokSabha. Fourthly, a judge of the Supreme Court, High Courtis removable
for incapacity or mis-behavior if both the House of Parliament passes an address to
thateffect. For this majority of the total and a two-thirds majority of members present and
voting in eachHouse is required. Fifthly, Under Article 249 by resolution passed with a
2/3rd majority the Rajya Sabhacan empower parliament to legislate on any of the matters
enumerated in the State list, such a resolution,remains in force for a period not exceeding
one year. Further it can be extended for one more year. RajyaSabha passed legislation under
this article to empower Lok Sabha to provide tor security belt in theNorthern States. Sixthly,
its approval along with that of the Lok Sabha is necessary for the continuanceof the various
proclamations issued by the President during the emergency. Lastly, by passing a
resolutionwith a 2/3rd majority Rajya Sabha can authorise the Initiation of legislation for the
creation of new All IndiaService (All India Judicial Services also) common to both the Union
and the States.
So, the whole thing shows that there is no denying the fact that the participation and
collaboration ofboth the Houses of the Parliament is indispensable for all legislative activities
and Upper House is notmerely an ornamental structure in the whole set up. At the same
time there is no denying this fact alsothat the Constitution has recognised superiority of the
Lok Sabha over the Rajya Sabha in certainspecific aspects. Let's see how, for example, with
respect to financial power, Lok Sabha enjoys muchmore (in fact the real power) powers than
the Rajya Sabha. The granting of expenditure is entirely vestedin this House. Demands are
submitted to the Lok Sabha and it alone the discretion to assent or refuse toassent to them.
Not only this, every money Bill is to be initiated in the Lok Sabha, Rajya Sabha can
onlydetain this bill for a period of fourteen days, when it is went to this House-otherwise it
can hardly makeany suggestion. Though, it is not altogether prevented from scrutinizing
money bills, yetits power is onlyof an advisory type. The final say rests with the Lok Sabha.
Besides, no tax can be levied on the peoplenor any expenditure incurred the government
without the authority and approval of the Lok Sabha, and itis again this House only, which
passes the budget.
As regards non-money Bills, even though one is given this impression that both
Houses havecoequal and co-ordinate powers, still the superiority of the Lok Sabha erupts in
automatically at the end.We know that Rajya Sabha is fullyauthorised to amend of reject a
Bill passed by the Lok Sabha. In casethe Lok Sabha does not approve of theamendment
effectedofrejection madeby the ‘Ralya Sabha,'thenthe Bill is placed before a joint sitting of
both the House and passed by majorty vote. Since the total membership of the lower Houses
ismore than double of'that of the Upper House, the will of the former is likety to prevail.
Recentlyon March 26,2002the Preventionof Terrorism Act (POTA) was passed in the joint
sitting of two houses as it was rejected by Rajya Sabha. Although this provision hass been
sparingly used. Earlier it has been used onlytwice since theimplementation of Constitution.
First time it was used to Dowry Prohibition Bill in 1961 and second time in 1979 to pass
Banking Service Commission (Repeal) Bill.
Let's see the executive sphere also. Here too, the Lok Sabha exercises enormous
controllingpowers of administration of the Union Government.It can seek information from
the government on anymatter through questions, supplementary questions and adjournment
motions. Even Rajya Sabha is, nodoubt empowered to seek all sorts of information 'regarding
government's activities. But the differencelies in the fact that it cannot pass a motion of no
confidence against the governmeant. Because, eventhough, theoretically, the council of
Ministers is collectively and individually responsible for its action tothe Parliament and it
remains in office only so long as it'enjoys the confidence of 'the Parliament, butpractically it
is responsible to the Lok Sabha. As we have already said, the confidenceofthe
Parliamentmeans the confidence of the Lok Sabha. Hence, "this House can always throw
theGovernment out ofoffice by either passing a vote of non-confidence of by rejecting a
Government Bill.
This fact, a big enough fact, clearly establishes the superiority of the Lok Sabha,
Though, in someother spheres, like the election of President, Vice President, impeachment of
these two and that of ajudge of the Supreme Courtor of a High Court, 'in regard
totheconstitution powers (the Lok Sabhatogether with the Rajya Sabhaprocessesthe power of
amending the constitution) both the House haveand do exercise co-equal powers.
So, we find that Rajya Sabha is neither as powerful as the American Senate (theUpper
House of theAmerican legislature), nor as unimportant as the House of Lords (the upper
House ofBrttishparliament).The intention ofthe framers of our Constitution wasto make it
less powerful and lessinfluential than theLok Sabha, but at the same time it was designed to
play the humble role of an important advisor. Its comparatively small and compact size and
its permanent character was meant to'ensure a certaindegree of stability and continuity in
the system. The Rajya Sabha wasto functionjustas revising and delaying chamber and to
hold dignified debates on to function just as revising and delayingchamber andto hold
dignified debates onimportant policies and legislative measures, while the political center
ofgravity was to be in the popular Lok Sabha. And there is no denying the fact
thattheUpperHouse hasserved, as a good check on the hasty and ill-conceived legislation.
Ithas alsopnovided representation tothose interests, which could not otherwise find placein
theLokSabha. Theartists, thescientists and thescholars would hardly come out to contest
elections for the Lok Sabha andthey hardlydothose whoarecapable, sometimes do not want to
contest, those whocontest, are many-times not really capable. So,their nomination to the
upper chamber was expected to lend dignity and strength (both moral as well as intellectual)
to the Parliament. Besides, it was to introduce an element of society and second though inthe
deliberations of the Parliament, which is the proposeofa second chamber in a democracy to
serve.And on this plea, therefore, the suggestions by some, to abolish it havebeen opposed by
the parliamentarians at all times. However, it may be pointed out that nominations on party
lines, have not served thepurpose well.
11.5 Legislative Procedure
The members of the Legislature have to adopt some rational and consistent plan or
procedure fortransacting Legislative business. Otherwise confusion and disorder would
prevail. So, the method ofdoing business which the legislature adopts is known as Legislative
Procedure. Every member isexpected to have at least a working Knowledge of it, and no one
is allowed to violate it. In this way, thedignity of the House in general in maintained to a large
extent. Also, law making being the primaryfunction and quite a difficult job to the
Parliament, necessitates that some particular procedure isdevised and adopted oy the
legislates, so that each legislative proposal that comes up before theHouse is considered
thoroughly and no ambiguity remains therein. The procedure followedin the
IndianParliament is explained as under.
Every policy is initiated primarily within the executive. Itis the responsibility of the
executive i.e.Government, to draft legislation, when it is finally approved by the Cabinet it is
ready for introduction inthe Parliament. It does not mean in any way that the other Members
of Parliament, who are not Ministerscannot introduce the Bills, They certainty can. An
ordinary Bill, other than Money Bill may be introduced inany House. Generally, the bill is
introduced in the Lok Sabha and proceeds through different stages. Onthe appointed day,
the mover of the Bill, introduces it and tells the objects behind it. This is First Reading,which
is only a formality because no discussion takes place at this stage. Then it may be referred to
thepublic for eliciting its opinion In case it has some controversial issue involved therein.
Otherwise, it maybe sent to a Select Committee which considers the details of the Bill. The
committee may appoint one ormore sub-committees too if the need be. After it has
completedclauseby clause consideration of theBill- It prepares its report and makes
rocommendations, amendments etc. This report is then sent to theHouse for Second
Reading. Here clause-by-clause discussion takes place, and sometimes they areeven voted
open. Then the Third Reading takes place which is, in fact, a motion that the bill be passed
bythe house and is transmitted to the Rajya Sabha, where it undergoes all these stages one
by one.
Rajya Sabha may then pass the Bill as it is in which case it is presented to the
President for hisassent. But sometimes it may pass it with some amendments. Then the Bill
is returned to the LokSabha, which may or maynot accept those amendments. If however, it
does not, then thereis deadlockbetween the two Houses. Then President, calls for a Joint
sitting of the Parliament and the disputed bill is decided by simple majority vote. After that it
is sent to me President for this assent. If he gives hisassent that Bill becomes an act of
parliament. If, however, he returns it, to the origination House forreconsideration and it is
passed by the House again with or without amendments, the President has togive his assent.
A Money Bill is first introduced in the Lok Sabha and after having been passed by it, is
transmitted tothe Rajya Sabha. The latter, however, has no power to reject a money Bill,
though it may return it to theformer within fourteen days along with its recommendations. If,
however, the Lok Sabha does not acceptany of these recommendations, the Bill shall than be
deemed to have been passed by the Parliament.Even if the Rajya Sabha fails to return the
Money Bill to the Lok Sabha within fourteen days, theBill shallbe deemed to have been
passed by the Parliament and then sent to the President, who shall not withholdhis assent
from a money Bill.
Question hour is an important part of the work of Both the Houses. Questions
represent a veryvaluable technique of parliamentary democracy because they are nothing but
a healthy check on theactivities of the ministers whereby information is sought from them on
important as well as other issues.
The first hour of each day's sitting is devoted to such questions. And therefore, it is
the mostinteresting part of the meeting of the parliament. A member has to give notice to the
Speaker of the LokSabha intimating his intention to ask a question so that the reply may be
adequately prepared. This was hundreds of written questions are filed with the speaker at
every session. Not only this many oralsupplementary questions are also entertained during
the debates. Sometimes, the answers may notbe clear or satisfactory, then supplementary
question may be asked not only the original questions, butby any other members of the
House. This gives the opposition members in the parliament an opportunityto force the
Government to pay some attention to them and also to defend its policies, plans
andprogrammes against criticism. Sometimes, when topics of national importance become
subjects ofquestions then there is provision that special half hour be devoted late in the
afternoon, towards theirdiscussion. This is usually done twice a week. On the whole,
according to the rules, answers are given to oral questions written questions and to short
notice questions.
Another feature of Indian Parliament procedure is the calling attention notice' whereby
variousquestions with supplementaries and short comments are put to minister. At such
moments there is agreat deal of exchange of views from both the sides. This enables a
members to draw attention of theGovernment to some development of urgent public
importance and to seek their stand thereon. Suchnotices of calling attention are admitted by
the Speaker totally on his own discretion irrespective canbe discussed for a short lime, not
exceeding two and a half hours in duration, provided the Speakeradmits the notice on
grounds of urgency and public importance and the government agrees to findtime.
11.6 PARLIAMENTARY COMMITTEES
Under a parliamentary system, Committees play a very important part in the
transaction of itsbusiness. It is believed that they are necessary for the effective functioning
of parliament because theHouse themseives are too big in size to make detailed examination
of any matter. These committeesexamine these matter and report to the House which then
proceed in the basis of that report. Theyprovide a great help to parliament in its work by
reducing its work load to great extent. Careful anddetailed examination of Bill considered by
parliament and a continuous scrutiny of the administration are thus principal advantages of
Parliamentary Committees.
Let us briefly take up the function and importance of the various Committees that are
functioning inour Lok Sabha.
The Business Advisory Committeeis significant in so far as it regulates the
programmes andtime-table of the House, it consists of 15 members with the Speaker as its
Chairman and it constitutedat the beginning of the House.
'
The Rules Committee has also 15 members, who are nominated by the Speaker. Its
term lasts oneyear. Its functionis to make recommendations from time to time regarding the
rules of the House, whichmay be changed whenever the need is felt.
.
The Committee of Privileges too has 15 members, and deals with issues relating to the
privilegesand prestige of the House, and its members.
The Committee on Petition consisting of 15 members is nominated by Speaker at
thecommencement of the House. It receives petitions on matters of general public Interest on
fallingwithin the congnizanceof any court of law, tribunal quasi-judicial body and
commission. It examines every petition referred to it and reports to the House aftertaking into
account whatever evidences, itdeemsfitandthen suggests remedial measures also.
The Committee on Government Assurances: it is interesting to find such a
Committee, whichacts as watch-dog, in our Parliament. It is not surprising that Ministers
and other members ofgovernmentare always in the habit of giving assurances to the House to
remove this grievance ormake that improvement or achieve particular objective in a fixed
period of time. But are these wordsalways kept up by them. To find out the answer, this
committeeis setup, which consists of 15 members. It was first established in 1953. Soits,
functions are to scrutinize the assurances, promises undertakingetc. given by Ministers from
time to time on the floor of the House and to report on (a) the extent to whichsuch
assurances have been implemented:and (b) where implemented, whatever such
implementationhave taken place in the minimum time necessary for purpose.
The Estimates committee consists of 30 members. But they are duly elected for one
year fromamong the members of the Lok Sabha by single transferable vote. It is a very
powerful committee as itdeals with the financial aspect of the House, examines the estimates
of the various departments fromtime to time suggests among lots of other things, alternative
policies in order to bring about efficiencyand economy in the whole work and suggests the
from in which the estimates shall be presented toParliament.
The Public Accounts Committee consistsof 22 members, 15 from the Lok Sabha and
7 from theRajya Sabha. They are elected for one year by the single transferable vote. A
ministeris not eligible forelection to this committee. As its name indicatesit examines the
account of all financial transactions ofthe government, it's a huge task which it cannot to on
its own. Therefore, it performs this function on thebasis of the report of the Comptroller and
Auditor-General who is a great help in such examination. Itensures that public money is
spent in accordance with parliament's approval of the demands of
variousMinisters.Sometimes, expenditure in incurred for purpose, other than those
sanctioned. This may leadto waste, corruption and even inefficiency. Such things are
discovered by this committee. That is why itis rightly described by Morris Jones as
"Parliament watch-dog and guardian of the people against officialnegligent or corruption".
The Committee on Public Undertakings: Itwas set up to ensure Parliamentary
scrutiny andcontrol of the affairs ofnumerous industrial enterprises run by the government,
as part of the programmesofplannedeconomic developmentofthecountry. It reports what
economic improvements in organisation,management's production etc. canbe effected in the
public undertakings. Each new-committee selectsa specific number of undertakings for
detailed and in depth examination. It was in view of the reported shortage of steel, cement,
coal and agricultural seeds thatthe committee chooses to examine the SteelAuthority of
India.CementCorporation of India,National Coal Corporation and National Seeds
Corporationin 1974-75 and the selection of Hindustan paper Corporation in 1975-76 were
made in view of the allround-shortage ofpaperand newsprint.
Next comes the legislative committeesof Lok Sabha include the following ones.
The Select committee on Bills: Usually, a separate select committee is appointed to
consider andreport on every Bill to the House. Generally speaking its size varies between 20
and 30. The chairman ofa Select Committee is appointed by the Speaker from among its
members. The Minister or member whohas moved the bill usually always a member of it.
The Committee on Subordinate Legislation: It was to ensure a continuous and
more effectiveParliament check on the power of the executive to make rules. It consists of 15
members nominated bythe Speaker. Its function is to see and report to the Lok Sabha,
"Whether the powers delegated byparliament have been properly exercised within the
framework of the statue delegating such powers."Thus, it seeks to protect the sovereignty of
parliament and the rights of citizens from encroachments bythe executive.
The Committee on Private Member's Bill: It also has 15 members and it advises the
Houseregarding the private Members' Bill and Resolution whether to take them or not.
Specifically, it examinesprivate Member's Bill seeking to amend the constitution before their
introduction in the House.

1. Explain the Financial Power of Rajya Sabha.
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2. What is Business Advisory Committee.
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11.7 OPPOSITION IN PARLIAMENT

Opposition is an essential part of the Parliamentary democracy. It is a minority in the
legislative whichacts as the opposition and in the process, subject the weaknesses of the
party in power to constantcriticism and exposes its faults to the public. But are these parties
always going to sit on the oppositionbenches in the parliament? No, because there can
always be circumstances when they are asked toform an alternative government. This implies
that the opposition does not always have to play negativerole of opposing and criticizing the
government but it shall be responsible enough to provide an alternativegovernment if the
situation so demands, and play an effective as well as constructive role.
The constitutional crisis that followed the split in the Janta Party, 1979 the
resignation of severalMinisters, and later by the then Prime Minister, Morarji Desai himself,
gavea chance to the opposition inthe Parliament, when on July 18,1979 the president asked
Y.B. Chavan, thethenLeaderofthe oppositionto from a government within four days. But
Chavan reported his inability toform Ministry as he could notmuster the required majority.
Later, the President invited Morarji Desai (Janata) and Charan Singh (JanataS) to submit
him to complete lists of their respective supporters. There Charan Singh hadto luck, andwas
invited by Reddy to form the Government.
To be officially recognised by the Speaker as an opposition group, a party or coalition
of parties musthave at least fifty members in the Lok Sabha. No Opposition Party come even
dose to this figure until1967. The Indian Constituent Assembly which also functioned as the
Indian Parliament till 1952, had noopposition worth the name. Dr. Shyam Prasad Mukherjee
leader of the Jan Sangh, wasthe firstmember who set as an opposition member in the Indian
Parliament before the first General Election of1951 when he resigned from Nehru's Cabinet
on the question of policy towards a Pakistan. In the FirstGeneral Election Congress Party
bagged 364 seats out of 500 seats in the Lok Sabha, The CPI won 36seats, the Socialist Party
got 12, KMP got 10 and Jan Sangh got only 3. Soon after the socialist party andKMP got 10
and Jan Sangh got only 3,soon after the Socialist Party and KMP coalasced to form PSPwith
a total of 22 seats. After the first General Election, Dr. Shayam Prasad Mukhrjee was
recognised asthe leader of rightist coalition known as the Democratic National party but this
coalition was also unableto command fifty seats.
The picture as it emerged out of the General Election held in 1957 was not much
different as itclear in the table. The strength of the Congress party went upto 371. The PSP
could get only 19 seatsand Jan Sangh Just 4. The strength CPIimproved its strength from 26
to 27.
The General Election of 1962 revealed a new trend in favour of liberalism while the
Congress gota few seats less. Jan Sangh strength in the Lok Sabha rose form 4 to 14 and the
Swatantra party madeits debut with 18 seats. As a result, the demand for merger of the Jan
Sangh and the Swatantra party intoa single party which could provide an alternative' to the
ruling Congress Party and its socialist insideallies and outside the legislature began to grow.
A proposal was made by C. Rajagopalachari (Founderof Satantra Party) in 1963 to forma
single united party under the nane of Swatantra Jan Sangh, by themerger of Jan Sangh and
the Swatantra Party in the context. But Jan Sangh failed to rise to theoccasion. Thus, the
attempt at strengthening the opposition failed.
The result of the fourth General Election held in 1967 reflected the new trends. The
Congressmembership declined to 283. But it was still the strongest single party in the
country. And the next largestparty, Swatantra, had only 44 seats. This was an opportunity
andchallenge for the opposition but noconcrete steps could be taken. In 1969, the Lok Sabha
got its first officially recognised opposition partyafter the split in the Congress party Congress
(0) was recognised by the Speaker as the officialopposition.In 1971,it lost this position as
Congress (R) regained its strengths and got 352 seats. Nosingle Party could capture seats to
be recognised as opposition party. Congress (0) got only 16 seats.
The Lok Sabha election in 1971, presented peculiar features, unparalleled in the
history of allprevious elections. There was complete routof Congress Party in the Northern
States. It did not securea single seat in Bihar. Haryana, Himachal Pradesh, Punjab, Uttar
Pradesh, Delhi, Mizoram, Nagaland. Itgot only 153 seats that also mostly from the Southern
States. Thus, after thirty years, for the first time theopposition parties got the chance to
make the government at the Center. Numerous reasons areattributed to the congress debate
notable the atrocities committed during national emergency imposedin June 1975. But one
important reason was that the four national level political parties) the Jan Sangh,Congress
(0), BLD and Socialist Party) joined hands together (under the banner of Janta Party) to
outthe Congress Party, which was weakened from inside by factional rivalries. After the
formation of JantaParty Government the Congress was recognized as the opposition party
with Y.B. Chevan as its Leader.In January, 1978 the Congress was split into two groups.
Congress (U) and Congress (I) and Congress(I) being the larger group was the recognised
opposition Party with C.M. Stephen as its leader.
However, Y.B. Chevan regained his position as the leader of the oppossition on 10th
July, 1979replacing Stephen, when Congress (U) strength increased from 82 to 75 and that
of Congress (I) came,down from 81 to 70.
During 1950-1967 period opposition emerged outin a disintegrated form. A number of
politicalparties with conflicting ideologies appeared on the political horizon. Factional
disputes and splits even inthe individual parties have been no less frequent. Hence, a sound
and effective opposition, on the Britishpattern, has been conspicuous by its absence,
especially until the fourth general election. It is said thatit was not one opposition, but many
oppositions consisting of many groups and independent individuals.
Somehow, the fourth general election resulted in an increase in the strength of
opposition parties.But no party has been ever in a position to form a government on its own
therefore; a new element ofinstability was introduced into Indian politics, which tillthis day
has not been able to find an answer.Opposition in India is neither sound nor effective yet. It
infact, lacks the true character of an oposition.The vision of each party is confined to its
region, its language, its caste, its religion, its community, TheJoint front of Janta Party was
formed with the sole objective of ousting Indira Gandhi, what happened to itafterwards is
very well known to all. It couldn't even keep itself intact beyond twentyeight months.
Everyone now feels that just for want for propoer opposition and disciplined ruling party, our
parliamentarydemocracy has become a plaything in the hands of self-seeking politicians and
the dreams of a solidoppsition seems to be an illusion. It appears that we are still far away
from the concept of constitutionalopposition and sound party systems based on set
principles on the pattern of her Majesty's Oppsitionin England in yet to be evolved;infact, the
coming into existence of responsible opposition can be hopedif parties of common ideas join
hands together. Without such an opposition, the future of our parliamentary democracy is in
apt to remain at stake.
There in no doubt, India today is in a multiple crisis stage, and is not well geared,
institutionally, tocope with its pyramiding crisis. After the fall of Janta government led by Mr.
Desai, it entered a period ofgreater political instability and more and more foreign and Indian
observers expressed their doubts aboutthe stability and even about the prospects for survival
of parliamentry democracy in India. Many thoughthat an alternative method should be
thought of by which the government of country may be carried on. But no clear answer was
seen to this riddle. This belief was not uncommon that if Indian leaders do notrealise their
real function, they will be forcedto give way to other leaders who may take India
alongauthoritarian paths in the direction of military rule or some form of totalitarianism.
Various alternativeshad been proposed amongst which some sort of a military takeover or a
change from parliamentary topresidential system, figured most prominently. People were
induced to think on these tines because ofthe political situation in the country. The crisis in
the Parliamentary system developed because no partycommanded real majority in the Lok
Sabha after the resignation of the Dasai Government in July 1979.The situation had become
so paffing that President N. Sanjiva Reddy suggested some sort of a NationalGovernment in
July on the lines of Presidential system, comprising leaders of all shades of opinion.
But this idea didn't catch approval and ultimately President had to dissolve the Lok
Sabha andorder fresh elections to be held by the end of December. Also it was doubtful
whether it would beadvisable for the country to opt for a radical switch over. It is believed
that in these circumstances, it would be best retain the basic constitutional structure and
change the rules instead of uprooting theentire framework simply because certain have
exploited it and proved unworthy of office. Jurists andconstitutional experts now favour
amendments to the Constitution as wellas enactment of certain lawsto prevent defections,
unprincipled switch over, and similar other actions by legislators, which debasethe country's
political life and tend to make the prestigious institutions parliament, the butt of ridicule.
Themass defections and desertions, many of them merely for personal vengeance or for
achievement ofhigh ambition, followed by bargaining etc. shock the confidence which the
people had placed in their'elected representative. Even the president of the Indian Republic
made a plea for an early review of thebasic structure in his Independence Day Broadcast
(1979).
The Lok Sabha election once again enthroned the Congress Party led by Indira
Gandhi. Theoverwhelming victory of Indira Congress in some States where the Janta had
swept polls in 1977demoralized the opposition once again. Most of the opposition parties
furthersplit after the elections. Asis well know only a handful of those who Constituted Janta
in 1977, were left in the original party. Thelargest opposition group in the 1980Lok Sabha
was of Lok Dal Consisting of 41 members. The weakeningof opposition parties-both as a
result of their defeat and the splits in their ranks balled the hopes of thepeople who were
quite optimistic about the emergence of a healthy parliamentary system based on theBritish
Pattern of two party systems.
In the 1984 Lok Sabha elections the Congress (I) got a historical mandate by winning
401 seats.The opposition parties, this time were totally overthrown. The rightist as well as
the leftist parties couldnot keep up even their previous positions. A new regional party, Telgu
Desam, because the largestopposition group having 28 members. This further weakened and
demoralized the opposition.
In 1989 Lok Sabha elections the Congress (I) was ousted from power and it played the
role ofopposition. The parties which were earlier in the opposition became the partner of
ruling front. TheNational Front government was installed with outside support of BJP and
left parties. But 1979 happeningsonce again were repeated in 1989-90 resulting in the fall
down of National Front government and split inJanta Dal.
The 1991 Lok Sabha elections again returned the Congress (I) to power. The largest
oppositiongroup in Lok Sabha was BJP with 121 members. L.K.Advani was the leader of the
opposition. The nextgroup was of left parties having 49 members.
The 1996 Lok Sabha elections (April, May) returned a hung Parliament. No party got
the majority toform the government on its own. BJP with 160 seats emerged as the largest
group. It was given theopportunity to form the government with its allies (Shiv Sena, Samata
Party, HVP and Akali Da)and AtalBihari Vajpayee was sworn as the Prime Minister on 16th
May, 1996 but he had notthe requisite majority(194-BJP and its allies). He was given 15 days
time to prove his majority but he could not seek thesupport of other parties and resigned on
26th May, 1996. He needed the support of 72 more members ina house of 534 members at
that same time. After Mr, Vajpayee's resignation, the United Front of 13parties (combination
of National Front and left Front which were formed before the elections) staked theclaim to
form the government under the leadership of H.D. Deve Gowda with the outside support
ofCongress. President Shankar Dayal Sharma accepted theclaim of United Front J.D. (45).
CPI-M (33)CPl (12), DMK (5), MPVC (2), KCP (1) and Mr, H.D. Deve Gowda was sworn in as
the Prime Minister ofIndian on June 1,1996 and he won the vote of confidence on June 12,
Consequently, BJP became thelargest opposition group in Lok Sabha and Atal Bihari
Vajpayee was the leader of opposition. The otheropposition groups in Lok Sabha were Shiv
Sena (15), Samata Party (8), Akali Dal (8) & HVP (3) – allallies of BJP. There was one more
party which is in opposition BSP (Bahujan Samaj Party) with 11members. Although it has
not been as ally of BJP when it formed the government but it was notsupportingthis United
Front government.
The 1998 mid term also resulted into "Hung Parliament'. Like the 1990 poll, BJP again
emerged asthe largest group with 180 seats (12 more seats than previous elections). With the
support of its pre-election allies and some regional parties it formed the government. The
Congress became the mainopposition group. The parties of United Front and BSP were also
in the opposition. The governmentfasted only for 13 months.
The 1999 midterm poll also brought about the some composition in Lok Sabha (as
shown in theresults) as was in 1998. BJP came out as the largest party with 182 seats. This
time the strength ofBJP's allies increased. Again the Congress became the main opposition
group. The left parties andother than BJP's allies are also in the opposition.
TABLE 1
Party Position in Lok Sabha, 1952-1996
Party 1952 1957 1962 1967 1971 1977 1980 1984 1889 1991 1996
Congress/Co 364 371 361 263 352 153 351 401 192 223 140
ngress(l)
Congress(O) - - - - 16 - - - - - 20
Tamil Manila Congress
Congress (V) - - - - - - 13 - - - 74
Congress (T)
Janta/CFD - - - - - 299 31 10 142 56 45
(Janata Dal)
LokDal - - - - - - 41 - - - 8
(DMKP)1984 Samata Party
Jan Sangh 3 4 14 35 22 - - 2 88 119 161
(BJP)
Swatantra - - 18 44 8 - - - - - 11
BSP
CPl 36 27 29 23 23 7 11 6 12 14 12
CPI (M) - - - 19 25 22 33 22 32 35 33
Socialist Party 22 19 18 36 5 - - - - - 17
SP (Samajwadi Party)
ADMK - - - - - - 2 12 11 11 -
Telgu Desam - - - - - - - 28 2 13 16
DMK - - 7 2S 23 - 16 - - - 17
Other Parties 38 34 30 20 30 51 19 4 9 32 ***
Independents 36 39 20 35 13 7 6 - 37 1 5
Total 489 494 497 820 517 539 528 488* 525 504** 540
*"* In November, 1991 parliamentary By elections for 15 seats the Congress won 8
seats, BJP 2, Janta Dal-3 seats and BSP and Forward Blockone seats each.
***The other political parties' performance in the 1996 General Elections was as
follows:
SiveSena — 15 Forward Block —
3
Akali Dal — 8 HaryanaVikas Party(HVP) — 3
RSP — 6 M.P.V.C. —
2
AGP — 5 I.U.M.L. —
2
JMM — 1 U.D.G.P. —
1
M.G.P. — 1 K.E.C. —
1
KCP — 1 S.D.F. —
1
MM — 1 ASDC —
1
** elections were held for 505 seats.

1. Three seats were vacant. Elections held for 543 Including J & K.
The mid-term Lok Sabha Election-1998 was held in Feb/March 1998. The House was
dissolvedbecause of withdrawal of support to the united front Government by the Congress.
As was expected,once agin the electorate returned a hung house with no single national
party gaining absolute majority.The results have bean as under:-
Table-II
1998 Lok Sabha Elections-Party Position
I. BJP 178 2. Congress 148
2. C.P.M. 32 4. Samajwadi Party 20
5. AIDMK 18 6. R.J.D. (Laloo Yadav) 17
7. T.D.P. 12 8. C.P.I. 9
9. D.M.K. 6 10. Janta Dal 6
11. B.S.P. 5 12. Akali Dal 8
13. B.J.D. 9 14. U.L.D. 4
15. Lok Shakti 3 16. P.M.K. 4
17. TMC 3 18. Trimool Cong. (Mamta) 7
19 ShivSena 6 20. S.A.P. 12
Besides, there have been many smaller regional parties and indepent whose score has
beenanything in between one and ten seats. However, the results had thrown out three major
combinations oralliances led by the B.J.P. the Congress and the United Front. Their
respective strength in the newlyelecled house can be divided into two categories, pre-election
alliance keeping this in view, their respective strength in those was as under.
1. B.J.Pand Allies 278.
A Pre Election
I. B.J.P. 178 2. AIDMK
18
3. Akali Dal 8 4. B.J.D. 9
5. Trinmool Congress 7 6. Shiv Sena 6
7. H.V.P. 1 8. JantaParty 1
9. P.M.K. 4 10. MDMK 3
11. T.R.C. 1 12. Lok Shakti 3
13. Independent 2
To this was added support of other groups which can be described as past elections
additions tothese pre election partners has been as under
1. T.D.P. 12 2. National Congress 1
3. North East Group of Apang 4. .
4. H.L.D. 4.
This addition gave B.J.P. the necessary number to win vote of confidence.
2. Congress and Allies 168
Pre-election Alliance
1. Congress 141 2. R.J.D.(LalooYadav) 17
3. R.P.1. 4 4. I.U.M.L. 2
5. R.J.D. 1 6. U.M.F. 1
7. K.C.(Maire} 1 8. P.WP. 1
There was no past election addition to the alliance.
3. United Front 95
Pre-electlon AIliance
1. C.P.M 32 2. Samajwadi Party 20
3. T.D.P 12 4. C.P.1. 9
5. D.M.K. 6 6. JantaDal 6
7. R.S.P 5 8. T.M.C. '3
9. Forward Black 2 10. NationalConference 2
There has been no part election addition to this alliance. However, two of the partners
i.e. T.D.P. (12 membes) and N.C. (2 members) switched loyalty to the B.J.P. led alliance.
4. Others 16
Besides the above three alliances there were smaller groups.
1. B.S.P. 5 2. A.C. 2
3. ASDC 1 4. MSC 1
5. SDE 1 6. SJO 1
7. S.Congress 1 8. AIM1M 1
9. Independents 3
Table-III
Mid-term Lok Sabha EIectlon – 1999 Party Position
Total Seats – 543, Elections held – 538, Results declared – 537

National Congress Allies Left Others
DemocraticAlli
ance (NDA)
Party Seat Party Seats Party Seat Party Seat
BJP 182 Congress 112 CPM 32 S.P. 26
TOP 29 A1ADMK 10 CPI 04 BSP 14

JD (U) 20 RJD 07 RSP 03 NCP 07
Shiv Sena 15 IJML 02 F.B. 02 SJP 01
Trinomoot Cong. 08 RLD 02 Kcr. Cong. 01 JD (S) 01
DMK 12 Kerla Cong. (M) 01 RPI (A) 01
BJD 10 BBM 01 CPI (ML) 01
PMK 05 PWP 01
INLD 06 AMM 01
MOMK 04 SAD (M) 01
N. C. 04 Independent 02
SAD 02 *.
Loktantrik Cong. 02
HVC 01
MSCP 01 \
MGRADMK 01 ''
MNF 01
SDF 01
Independent 01
Total 304 Total 135 Total 42 Total 56
11.8Phenomenon of Hung Parliament: As the 1996.W8 and 1998 elections returned

"HungParliament". Itwill be worthwhile to analyse the character of three Hung Lok Sabhas.
Character of the 11th Lok Sabha
The British Parliamentary expert Walter Bagehot once said that each parliament has a
characteruniquely its own. That is truly accurate in case of the eleventh Lok Sabha.
There are certain features, which must be noted. In the first instance, the rural base of
Lok Sabhahas been strengthened. The strength of farmers, which has been steadily
increasing during the years,jumped from 33 percent to almost 52 percent. In the words of
Subhash Keshyap (former Lok SabhaGeneral Secretary) it truly became a microcosm of the
nation. Secondly, the growth of regional partiesincreased tremendously in the 11th Lok
Sabha comprising 28 different partiesa number unparalleledin Indian parliamentary history.
The presence of top state leaders like Mulayam Singh Yadav, Biju Patnalk,Surjit Singh
Barnala and J & K. PCC ChiefGulam RasoolDar gave a new colour to the proceedings ofthe
house and the center state relations. Thirdly, the backward castes which hitherto were
steadilygaining power in state and local government strengthened their position in Lok
Sabhain an unprecedentedmanner. Their percentage (excluding SC/ST)in Lok Sabha had
risen from 13 percent in 1971 to 23.3percent in 1996; in 1952 their percentage was 10.2
percent. Prime Minister Deve Gowda himselfrepresented the backward castes. He was
member of Volkaliga community, which makes up 16 percentin Karnataka's population; As a
consequence the representation of backward casts had risen in Councilof Ministers also.
Another unique feature of 11th Lok Sabha was that various political groups and
parties which foughtthe elections as rival groups were on the same side i.e. in the ruling
front. For example Tamil (ManilaCongress and the then Finance Minister P. Chidambaram,
Madhevrao Sdndia and Tlwari Congress whoquit the Congress before the elections set on the
same side as P.V. Narsimha Rao (The United Frontcomprised 13 parties including
Communist Parties) not only the Congress (I) and the Congressdefectors were on the one side
but the parties with different ideologies and which were opposing eachother in state
assemblies were on the same side i.e. ruling front.
Another point to be noted is that more man half the members of eleventh Lok Sabha
were firsttimes 293 members out of 545 were elected (BJP-84, Congress (I)-64) for the first
time In Lok Sabha. Inthe 10th Lok Sabha there were 183 first times.
One more feature which needs serious attention in that the number of
parliamentarians withcriminal background was on the rise. The names of 85 membersin the
11th Lok Sabha were involved incriminal cases.
Although all political parties espouse the cause of women and promise to give them 33
percentseats in the parliament, the number of elected women M.Ps in the eleventh Lok
Sabha was 39 onlythree more from the last time. In keeping with the general trend at least
half of them were first timer andmany of them belonged to the backward classes. Phoolan
Devi, the former dacolt queen and BhagwatiDevi, a stone crusher were in the list of backward
classes women M.Ps.
The education leveling Lok Sabha remained Low and in some case had fallen. The
percentage ofgraduates had fallen from 46.74 per cent in 1989 to 43.80in 1996, Post
graduate and Doctorates hadincreased in number. While 5.57 per cent of all MPs were
doctorates, 12.17 percent were matriculatesand 7.91 intermediate certificate holders.
Onemore feature to be noticed was that Muslims accounted for less than 5 percent of
the membership 11th Lok Sabha.
Character of 12th Lok Sabha
Aswe are aware that the country was forced into a mid term poll for the Lok Sabha it
is not amatter for consideration here to discuss the reasons for which the mid term poll was
the lastoption leftwith the president. However, it will not be out of place to mention here that
some of the national politicalpanics, especially the Congress, acted in haste and Irresponsible
manner to go back on its earliercommitments to the President. Once again the country did
not pronounce a clear verdict in favour of anynational political party or pre poll electoral
alliance. The verdict also bellied any pre poll predictions andexpectations that the BJP alone
will emerge with an absolute majority. Nor did the Congress improveupon its earlier strength
in the 11th Lok Sabha. As a result, as in 1996, the electorate returned yet anotherhung
parliament.
1. The BJP emerged as the single largest in the Lok Sabha. Also the BJP and its Pre-
poll alliancepartners emerged as the largest Pre-poll alliance in the Lok Sabha.
2. The United Front consisting of the left parties, the Janata Dal and other lost its
position ofpredominant group in the 12th Lok Sabha where as the C.P.M. and
Samajvadi Party MulayamSingh Yadav were above to hold on to their previous
strength, the Janta Dal (with 6 seats) andC.PJ. (with 9 seats) were the worst
sufferers. Infact, both the Janata Dal and the C.P.I. were indanger of loosing their
national status political parties.
3. This election also witnessed the Waterloo for the B.S.P. of Kanshi Ram Mayawati.
Despite theirclaim for a widespread support among the Dalits, the party was able
to win able to win only 5seats with less than 1% of the total strength of the Lok
Sabha.
4. As was believed before elections, the issue of corruption did not become a major
electoralissue. The electorate were not influenced with charges of corruption as is
evident from thesuccess and victory of R.J.D. of Latoo Prasad Yadav (17 seats)
AIDMK of Jayalalita (18 seats)and of Pandit Sukh Ram in Himachal Pradesh.
5. There has been dominance of regional parties and regional issues. As has been
mentionedabove, the regional parties captured a sizeable number of seats to hold
the balance of power inthe 12th Lok Sabha. The BJP government was totally
dependent on support from the regionalparties (like T.D.P., AIDMK, Akali Dal,
ShivSena, H.L.D.ofChautala etc.)
6. There has been no ideological considerations for the regional groups in committing
their'support to a particular alliance. For instance, the T.D.P. of Andhra was
compelled to supportthe B.J.P. alliance in spite of their ideological nearness to the
United Front. The main consideration was the forth-coming assembly elections.
Likewise Farook Abdulla was compelled toremain neutral in spite of his being in
the United Front. Again, the consideration was to be on theright side of the Central
Government. Similar was the position of George Apang of the NorthEast. As such,
the country is in for regional bias in Governance of this country.
The Character of 13th Lok Sabha
The one-vote defeat of Prime Minister Atal Bihari Vajpayse after 13 months old
governmentresulted into dissolution of Lok Sabha and led to another mid-term poll in Sept-
Oct. 1999. The 1999election results were not very different from the earlier 1996 and 1988
elections. Therefore, the 13th LokSabha's composition was similar to the 12th Lok Sabha in
many respects. However, there was adecisive vote in favour of coalition (NDA), which was
missing in 1996 and 1998 elections.
1. Again BJP came our as the largest party. While BJP's own (182) did not change
radicallycompared to the 12th Lok Sabha (178) BJP alliance, NDA got more
members becausethere were more electoral allies this time and some of them got
more seats than last time.Thus NDA got the clear majority to form the
government.
2. Congress had a further decline and emerged as second party in the Lok Sabha
with 112 ascompared to 148 in the 1988 elections. The congress alliance also did
not improve itsposition. Actually, the Congress alliance was a seat sharing
arrangement. Congressalliance neither had a common manifesto nor an
understanding to share power if they gotthe majority. The NDA had a common
manifesto and parties joining the alliance had acommitment to support the NDA
government led by its leader Atal Bihari Vajpayee. (Theparties had their own
manifestoes also).
3. The third front could not emerge forcefully. Although there was some talk
between theCongress and the left parties but no consensus could be evolved on
leadership and otherImportant Issues.
4. The regional parties again emerged as strong contenders for power in the
formation ofcentral government.
5. 46 women were elected as members of Lok Sabha.
11.9 Leadership Pattern
Political leadership has a crucial role top play in any political system. The leadership
has a greatimpact on the working of political system. The achievements of the great and
dynamic political leader, inIndia where the political system is evolving itself, much depends
upon the leadership pattern. India isconsidered to be the best governed among the new
states of Asia and Africa. It is a great achievement,especially if we take into caste
complexities and the unequal economic classes. It is the achievement ofIndian leadership,
which emerged on the political scene in the pre-independence era consisting ofintellectuals,
Journalists, lawyers and educationists. This intellectual leadership dominated thepre-
independence and the immediate post-Independence era and remained in the Centre of
political life. The leaders of this period showed not only the Intellectual caliber but had the
qualities of moralintegrity courage, the spirit of sacrifice for national interest. With the death
of Nehru this tall leadership, eclipsed and new patterns of leadership emerged.
An important feature of the present day leadership is the emergence of new rustic elite
at thedistrict and sates levels. This new elite is more representative than the earlier
westernized,English-educated elite, which dominated the political scene during the
Independence struggle. Theycontrol district organisations castes federations and village
Panchayats. They are less educated, lesscampaigners and less exposed to western Influence.
But they are very powerful as vote catchers andpoll campaigners especially at the grass root
level. They got their political training under the leaders ofhigh national stature, as they were
busy in more important activities like addressing meetings all over thecountry. Thus, the
power focus has changed and shifted from the old leaders of yester years to the newrural-
based leaders, who without being modernistsare modemizers in their own way. They are
replacingthe old time leaders who had the distinction to pilot Indian to freedom and
liberation. Such leaders maynot have a national stature but they are the real power welders
at the constituency level. The credentialsof his new leadership are not sacrificial but
instrumental. They are not leaders because of past sacrificesbut owning to their
indispensability with the electorate today. They treat the state and government asinstrument
to be used for people's work and welfare and it is this quality of their which endears them
tothe electorate and bridges the gap between the ruler and the ruled. They appear to be
conservatives butin fact they are the catalysts of changer and it is in them that tradition and
modernity gets synthesised.
Another feature of the present clay leadership in India is that there are two kinds of
commission-existent leadership patterns in India. There is the basic democratic party-
political pattern points, theseexists an older, semi-religious pattern of personal authority
both are charismatic. In fact political chrismaland family charisma run on parallel lines and
even the leaders of great political standing depend upon thewilling commission-operation and
support extended to them by thepeople. They may be village elders,caste bosses or people
extracting familiar and final support of buttress their position. At state level thesecond kind
of leadership i.e. paternalistic and familial leadership is more strong. A case study of
Haryanalegislative elite reveals that there exists a micro group consisting so certain
individuals or families, whichplays a significant role in the overall political process of the
state. This trend over the years has becausemore stronger.
The trend is also visible in many other states.
Another trend in leadership patterns especially in Southern states is that the people
from filmindustry have found their way into politics as the actors and actresses have great
charismatic value andthey are crowd pullers and hence good vote catchers. For example in
Tamil Nadu, Karunanudhi.Ramchandran and Jayalita all Film personalities fund their way
into CM's office. In Andhra, NT RamaRao also because popular political leader because of his
film image. In some other states also famousactors like SunilDutt, Shatrughan Sinha, Raj
Babbar have found there way into politics.
At the end we say that the leadership which is emergingin present Indiais getting more
andregional, caste-based and communal as there does not seem to be any single rallying
point for the wholenation.
But few can deny that parliamentary system has taken firm rootsin the country. And
foreignobservers have paid rich tributes to the Indian democracy where, comparatively much
less violencetakes place during a change of government. This is much different from Pakistan
and some other Asian'countries where violence has become a very common phenomenon. It
is all a question of developing soundleadership. This fault lies with the men, not with the
institutions of democracy.
11.10Summary
The Parliament consists of two houses the lower houseis Lok Sabha and the upper
house isRajya Sabha. The Lok Sabha is elected directly by thepeople while the Rajya Sabha
is indirectly electedby the elected members of the State legislative assemblies. The main
function of Parliament is lawmaking but both the houses do not enjoy equal powers. Lok
Sabha is more powerful. Rajya Sabha candelay an ordinary bill for six months and the
money bill only for 14 days. In case of joint sitting also theposition of Lok Sabha ispowerful.
Regarding control over executive also, the Lok Sabha is more powerful.Executive is
responsible to Lok Sabha and not Rajya Sabha. Regarding constitutional
amendments,elections of President and Vice-President, impeachment of President and judges
both the houses haveequal powers. The Rajya Sabha has some special powers also but its
position is secondary ascompared to Lok Sabha. Although it has its importance and it is
known as the house of elders. TheParliament works through various committees which help
in law making and controlling the government'sactivities.
The opposition is an essential feature of parliamentary democracy. In Indian
Parliament till 1969there was no recognised opposition party because of the monopoly of
Congress and the lack of unityamong non-congress parties. Therefore the opposition could
not play a constitutionalrole. Now with thephenomenon of "Hung Parliament", the opposition
parties indulge in politics of opportunistic alliances tojoin political power. The leadership
pattern is also changing In the Parliament. The new leadership is ruralbased rustic elite as
compared to the earlier westernised elite.
11.11 References
I. Bhawani Singh, Indian Politics (Ideology and Ecology) pp. 38-39.
2. P.S. Verma, Profile of lhe Legislative Elite in Haryana. Paper presented in a
seminar on State Politics in lndia, March 1985, Chandigarh. Department of
Political Science.
11.12Further Readings
1. Arora, Balveer and Verney, Douglas (ed.), Institute Identities in a Single State :
Konark, Delhi, 1995.
2. Austin, Granwille, Working of a Democratic Constitution, OUP, New Delhi, 2000.
11.13Model Questions
1. Discuss the mutual relationsbetween two houses of Parliament.
2. Analyse the position of opposition in Lok Sabha.
******
Lesson-12
STATE GOVERNMENT IN INDIA
Structre
12.0 Objectives
12.1 Introduction
12.2 The Governor
12.3 Powers and Role ,
12.4 Appointment of the Chief Minister
12.4.1 Dismissal of the Chief Minister
12.4.2 Dismissal of Ministers
12.5 Legislative Powers
12.5.1 Summoning and Proroguing the Assembly
12.5.2 Dissolution
12.5.3 Issuing of Ordinance
12.6 The Chief Minsiter in Indian Politics
12.7 State Legislature
12.7.1 Composition of Two Houses
12.7.2 Qualifications for the Votes and Members
12.7.3 Term
12.7.4 Presiding Authority
12.8 Legislative Council
12.9 Methods of Elections
12.9.1 Term
12.9.3 Functions of State Legislature
12.10 Relationship between the Two Houses
12.12 Procedure for Money Bills
12.12.1 Different Stages in Financial Legislature
12.13 Speaker
12.13.1 Functions of the Speaker
12.14 Summary
12.15 References
12.0 Objectives
This lesson gives you a view of the executive and legislative institutions and
functionaries ofState Government. After going through this lesson you should be able to:
• analyse the role of Governor;
• explain the position of Chief Minister;
• understand the composition and powers of State Legislature; and
• learn the legislative procedure in the State Legislature.
12.1 Introduction
The government of the states has been structured on the same pattern as the union
Government. Like the latter, former also has a two fold executive consisting of a Governor
and a council of ministers,a legislature which is bicameral somewhere and unicameral
elsewhere. Further the legislature is elected"by the people and it is out of this body that the
executive (council of minister) is drawn. The latter is totallyresponsible to the former for all
its acts. In this lesson we shall study the state executive and legislature.First, we take up the
role of Governor who is the formal executive head of the State.
12.2 The Governor
White creating the institution of the governor, the framers of the Constitution were
clear theirminds that the Governor will have to function in a dual capacity that is, as the
Constitutional head of the state and as a representative of the Center. This qualify in his role
is perhaps the most important andcertainly the most unusual feature of the India
Constitution, which has made his position really verydifficult Because of the dual role the
holder ofthis office is not required to be an inert cypher and that hischaracter, calibre and
experience must be an order that enables him to discharge with skill anddetachment his
dual responsibility towards that State executive of which he is the constitutional head.
Itwould be wrong to emphasize one aspect of the character of his role at the expense of this
order andsuccessful discharge of his role depends oh correctly interpreting the scope and
limits of both. But bythe large, the persons who have been appointed as Governor so far,
lacked this sense of balancebecause the office of the Governor was made a luxurious and
pleasant sinecure for defeated anddisgruntled politicians or for retiring and spend up civil
servants who previously have been loyal to theirBritish Masters and were now keen to prove
their loyalty to the new rulers. Criticizing the appointment ofsuch persons as Governors; the
Administrative Reforms Commission rightly pointed out that "many ofthose who have filled
posts of Governors during the last 19 years have fallen short of this standard. It isour
considered view that the reason for this state of affairs is not the paucity of suitable persons,
but the low place given to the post of Governor in the minds of those responsible for making
those appointments.The post came to referred to as 'Burnt out politicians'. Most of the
persons selected were old men of theruling party of the centre.”
Because of this type of persons as Governors, the office became so superfluous when
theCongress party was ruling both at the Centre and the States that some of the politician
including someof the ex Governors advocated its abolition. But when the congress party
received a severed jolt in 1967which shattered the monopoly of its power at the state level,
the office suddenly became not onlyimportant but also controversial because the Governors
were used as instruments for toppling thenon-Congress ministers in some of the states and
for installing the minority or coalition Ministers inothers which were supported by the
congress party either from outside or as a major partner of theCoalition.
12.3 Powers and Role
If we critically analyse the role of the Governors since 1950 onwards we will find that
theGovernors have acted more as agents of the centre than as constitutional head of the
States and thatis why the different Governors in different States and sometimes the same
Governor in the same statebehaved differently in similar political situations.Sometimes some
of the Governors not onlvby passedthe accepted constitutional norms but also developed
even new norms of political behaviour which arenot only quite unknown in the parliamentry
systems of the world but also have no constitutional validity orprecedents. In this process the
constitutional system has been undermined and dangerous precedentshave been
established. But the governors who did not act according to the dictates of their masters
atDelhi were sacked. In February 1991, Mohammad Yunus Saleem, Governor of Bihar and
Tamilnadu'sGovernor Surjit Singh Bamala were forced to quit because of their independent
stand on law and ordersituation in their respective states and did not succumb to the
pressure of the central authorities to giveadverse reports on the law and order situation in
the State. In December 1992 BJP Government weresacked for the demolishing of Mosque in
Ayodhaya. First U.P. Assembly was dissolved and President'srule was imposes in U.P. Then
the three other BJP ruled statesM.P., Rajasthan and Himachal cameunder President's rule
by getting reports from, their Governors on the plea of law and order problem inthese states.
The role of Governor has become more crucial after 1989,1996,1998 and 1999 electionsas
these elections resulted into 'Hung Parliament. No political party got the majority to form
government.Coalition governments were formed leading to instability at the centre. In many
states also coalitiongovernments have been formed. This has led to increased tension
between centre and states. In thenew political scenario the Governor faces many challenges.
In October 1997, Ramesh Bhandari theGovernor of U.P. and in September 1998 the
Governor of BiharSunder Singh Bhandari gave reportsabout the failure of constitutional
machinery in the respective states and recommended to the Presidentto declare a president's
rule in U.P. and Bihar. In 1997, Inder Kumar Gujral's cabinet and in 1998, AtalBihari
Vajpayee's cabinet had recommended to declare President's rule but both the times
Presidentdeclined their recommendations. Actually the Governor has a dual role. He is not
only the constitutionalhead of the state but is a representative of the President in the state
and has to ensure that governmentof the state is being carried on according to the provisions
of the constitution. This dual rote is the causeof conflict very often the office of Governor is
used for the convenience of ruling party at Centre sometimeshis political leanings also affects
the use of his discretionary powers.
In order to prove the alone mentioned points we will have to examine in depth, the way
theGovernors have exercised their powers of appointing and dismissing the Chief. Ministers
and otherMinisters of summoning, proroguing and dissolving the Vidhan Sabhas, of issuing
ordinances andrecommending the imposition of the President's rule in the states.
12.4 Appointment of the Chief Minister
One of the most important constitutional powers of the Governor is to appoint Chief
Minister andthe governor has to exercise this power either immediately after the elections or
whenever, there is mid-term vacancy in the office of the Chief Minister. When the election
results are decisive, in the sense thatone of the political parties has a clear majority in the
assembly and that party has a dearly recognized leader, the Governor has no difficulty in the
appointment of the Chief Minister because in that case he hasno alternative but to appoint
such a person as Chief Minister. But the difficulty arises when none of thepolitical parties
has an absolute majority in the State Assembly. What should the Governor do in such
asituation? If we analyse the development of the fast quarter century then we will find that
the differentGovernor in the different States have followed two types of principles namely.
(1) The Principle of non-assessment.
(2) The Principle of assessment.
According to the first principle, when none of the political has an absolute majority in
theAssembly, the Governor should invite the leader of the largest party to form Council of
Ministers. This isknown as Sir Parkasa doctrine and was followed in Madras, Pepsu and
Orissa in 1962. In TravancoreCochin 1952 and again in 1954 in Orissa in 1957 and in
Rajasthan in 1977 even the Governors ofBihar, Punjab, and West Bengal did not ignore this
principle In the first instance in 1967 because theysounded the leaders of Congress party in
these states to form the Ministers in their capacities as theleaders of the other parties were
invited to form the Government. This principle was again followed inPondichery in 1974. It
was again adhered to in 1982 in Haryana.
According to the second principle (principle of assessment) when none of the parties
has aclear majority in the Assembly, the Governor should make his own assessment in order
to find out as towho is in a position to form a stable Government. This principle was followed
for the first time in Kerala in1957 and again in 1965, in U.P. and Rajasthan, in1967 in Bihar
in Orissa and West Bengal in1971 Nagaland in 1974, and in Gujrat in 1975.
The principle of inviting the leader of the largest; party was followed between 1952-
1967whenever the congress party happened to be the largest and it was ignored sometimes
most contemptuously whenever this principle went in the favour of non-congress party and
the example of Kerala in1957 and again in 1965" and West Bengal in 1971 can be cited in
support of this contention. In thefirst instance, the CPI and in the second and the third
instances the CPI (M) was not allowed to form theGovernment in its capacity as the largest
party in the assembly. In these cases the Governor insisted onmaking his own assessments.
Recently in 2000 the Governor of Bihar did notallow Rabri Devi ths leaderof RLD the largest
Party in Bihar Assembly to form the government and invited Nitish Kumar the leader
ofalliance to form the government. As he could not prove his majority in the house, Rabri
Devi had to becalled. Thus put the Governor in controversy.
It is interesting to know that in different states the Governors followed different
methods ofmaking assessments. Broadly speaking they have followed one of the following
three methods. They are
1) List system
2) Parade system
3) List-cum-parade system
In some states when there were more than one claimants for the office of the Chief
Minister, theGovernor asked them to submit the list of their supporters and interviewed the
MLAs whose namesappeared on more than one" list. It was list-cum-parade system. However,
in some other states, thequestion of majority was decided without interviewing the MLAs
whose names appeared in both thelists." How this problem was resolved only the governors
know. In such cases, the verdict of theGovernor was always in favour of the congress party or
a party supported by the congress.
Though none of the Governors insisted for parade system yet this method was used by
some ofthe Chief Minister to impress upon the governor that they had a majority in the
Assembly, for examplewhere Gumam Singh was ousted by Akali party in Punjab In 1970,
P.S. Badal the newly elected leader ofthe Akali Dal took all his supporters to the Raj
Bhawan, and asked D.C. Pavate, the then Governor tocount them.
It should be mentioned here that while making assessment, Dr. Samnpurnanand in
Rajasthan in1967 refused to count the Independents when he found that they were with the
Samyakta Vidhayak Dal(S.V.D.). However, Bishwanalh Dass, his counterpart in U.P. and
other Governors before 1967 and after1967 who made assessment counted the
independents.
The instances mentioned above show that in some states, the principle of assessment
wasfollowed whereas in other it, was rejected. Besides it, even in those States where it was
followed differentmethods of assessment were used. It may be asked in this connection as to
how far It Is proper on thepart of the Governor to make his assessment. On this there is a
difference of opinion for example MeharChand Mahajan, the former Chief Justice of Indian,
H.M. Seervai," the former Advocate General ofMaharashtra. M.C. Setalved, the former
Attorney General of Indian, A.K. Sartor," another former ChiefJustice of Indian and the
Governors Committee are of the view that when none of the parties has anabsolute majority
in the Assembly immediately after elections, the Governor should make anassessment in
order to know as to who is in a position to form a stable Government. But other
personsequally eminent in the field of law and public life do not agree with this view. For
example, K. Subha Rao,the former Chief Justice of India, Sri Parkash," the former Governor
of Madras are of the opinion that theGovernor in such situations, instead of making his own
assessment, should invite the leads largest partyin the assembly to form the Government.
This seems to be a sound suggestion if the undue and partisaninterference of the Governors
in the appointment of the Chief Ministers is to be avoided. After all what isthe purpose of
making assessment? If the purpose is just to know as to who has the majority then
thatpurpose may not be served by verifying the numbers in the Raj Bhawan because there is
no guarantee thatthose who pledge support to a particular candidate would remain loyal to
him by the time they reach theAssembly Hall. For example, in 1967 in Rajasthan, Maharwal
Lakshman Singh proved his majority in theRaj Bhawan but Suknadia proved his majority in
the Assembly. When political loyalties are so shifting,what is the use of making assessment?
12.4.1 Dismissal of the Chief Minister
Ordinarily, the Chief Ministers remains in office only so long as he enjoys the
confidence of theLegislative Assembly and he should resign as soon as he loses that
confidence. This may happen whenthere are large scale organized defections from the party
in power as it happened in a Haryana, U.P., andWest Bengal in 1967, in Punjab and Bihar in
1968. What should the Governor do in that case? Should heask the Chief Minister to face the
assembly immediately and dismiss the Chief Minister if he refused to doso or should he
ignore these defections? In this respect also, the Governors have followed
contradictorypolicies and thereby exposed themselves to the charge of favoritism because in
some case the Governortook note of these defections and asked Chief Ministers to face the
Assembly without delay whereas inother cases the Governors not only ignored the defections
but even went a step further in helping theChief Ministers by proroguing the Assemblies so
that vote of no confidence may not be passed. Forexample, Dharam Vira in West Bengal in
1987, D.C. Pavate in Punjab in 1970,S.S. Ansari in Orissain 1971 and B. K. Nehru in
Manipur in 1973 asked the chief Minister to face the Assembly immediatelybut
Ananthasayanam Ayynagar in Bihar" K.C. Reddy in Madhya Pradesh in 1967. B. Gopal
Reddy inU.P, in 1969, Nityanand Kanungo in Bihar Bhagwan Saha in Jammu Kashmir. D.C.
Pavte in Punjaband D.K. Barocah in Bihar in 1971, B.D. Jatti in Orissa in 1973 ignored
these defections in the sensethat they did not ask their Chief Ministers to face the Assembly.
This shows that some of the Governors took note of these defections and asked the
Chief Ministersto face the assembly without delay. In West Bengal when the Chief Minister
refused to face theAssembly within the period prescribed by the Governor he was dismissed
but in some other Statesthese defections, were ignored, whereas in Madhya Pradesh and in
Jammu and Kashmir, the Governorinstead of asking the Chief Minister to face the Assembly
prorogued it, so that a vote of no confidence may not be passed against this Ministry. This is
an irreconcitable position which rightly exposed theGovernors to public criticism.
It is interesting to know that in West Bengal the Chief Minister was dismissed because
he wasnot prepared to face the Assembly immediately whereas in U.P. in 1970 Charan Singh
was not allowed toface the assembly even though he was ready to fact it, within 24 hours,it is
strange that B. GopalaReddy could tolerate C.B. Gupta in office as a Chief Minister for more
than two months after he had lostmajority, but he was not prepared to tolerate Charan Singh
just for three days and that too when he hada majority in the Assembly which was to meet
just after three days. Just to dismiss the Government theGovernor come out with a new
concept of major partnership which has no constitutional basis.
Again in Haryana in 1967, the Ministry of Rao Briendra Singh was dismissed because
accordingto Governor."
1. The Government has sought to maintain itself by appointing too many ministers,
whichwas an abuse of constitutional powers. There was no justification of having
22 Ministersout of 40 (supporting the Govt.) and this position became even worse
when 10 JanaSangh MLAs were who supported the Government from outside.
Then it would mean 22ministers out of the remaining 30 MLAs.
2. There were frequent defections both from the ruling Samyukta Del as well as
from theopposition and there were good reasons to believe that the defections
were secured bynot honorable means. In an Assembly with an effective strength
of 79 some 30 membersdefected not once but even three or four times, two
members thrice and six memberstwice.
On the face of it there seem to be very sound ground for the dismissal of a Minister.
But thedismissal became somewhat suspicious when we take into account that in that very
State and with thesame person as a Governor when the record of defections was improved in
the next assembly in thesense that instead of 30 as a many as 31 MLAs defected, and some
of them defected not only more thanonce but more than once in a single day, he kept quiet.
Even these defections were not secured by toohonourable means because about half a dozen
of the defectors were appointed as Ministers and anotherhalf a dozen defectors were getting
an honorarium of 800-1000. The number of minister was 20 whereasin the dismissed
Ministry there were 22 Ministers. It is strange that to have a Minister of 22 as a misuseof the
constitutional power but to have a Ministry of 20 was proper. Moreover, in Haryana the
Ministry wasdismissed to prevent defection but on the next day in West Bengal Minister
consisting exclusively ofdefections was installed. If defections were bad in Haryana could
they be anything elsein West Bengal?This shows that in the dismissal of the Minister the
Governors have not been impartial.
It is a proper place to mention here that the Government of Karunanidhi was
dismissed underArticle 356 on the ground that the Government of the State was not being
carried on in accordance withthe provisions of the constitution. But how the government was
not being carried on in accordance withthe provision of the constitution, it is either for the
Governor who made this report or for the Government of India who dismissed the
Government to explain. On April 2,1993, in an unprecedented Judgement,Jabalpur Bench of
the Madhya Pradesh High Court struck down the order imposing President's rule inthe Slate.
The three member bench, in a 2:1 majority verdict upheld a petition moved by the former
ChiefMinister, Sunderlal Patwa Challenging the Validity of the presidential proclamation
issued on December15,1992, dismissing the BJP government. The government has taken
this step on me plea that becauseof demolition of Babri Masjid Structure in Ayodhya on Dec.
6, the law and order situation had deterioratedand the BJP was responsible for this
situation. In their judgement, the Madhya Pradesh Chief Justice Mr.S.K. Jha justice Mr.
D.N.Dharma Dihkari held the presidential order to be invalid as it was beyond thescope of
Article 356", they said that in his report recommending the dismissal of the Patwa Ministry
anddissolution of the Assembly, the Governor failed to substantiate how the constitutional
machinery hadbroken down. The Union Government filed an appeal against the decision in
the Supreme Court. TheSupreme Court however, did not uphold the decision of the Madhya
Pradesh High Court and upheld theview of the Union Government. Moreover, thecase was
taken by the Supreme Court for hearing when thefresh elections in the state were declared.
The subject remained only of academic interest.
12.4.2 Dismissal of Ministers
Though the Ministers are appointed by the Governor on the recommendation of the
Chief Ministeryet they hold office during his pleasure. Ordinarily, the pleasure of the
Governor means the pleasure ofthe Chief Minister because when the Chief Minister asks a
particular Minister to resign and if he does notdo so, then he can advise the Governor to
dismiss him. When RaoBirendraSingh in Punjab in 1961"Daulal Ram Snakhan and Salig
Ram in 1972 and 1974 respectively in Himachal Pradesh, SathyavaniMathu in Tamil Nadu
and Chandrawati in Haryana in 1974 refused to resign, they were dismissed onthe advice of
the Chief Minister. However, there are instances where the Governor refused to dismiss
theMinister on the advice of the Chief Minister. This happened in U.P. in Charan Singh's case
in 1970. In thiscase the governor said, "The Chief Minister of a Coalition Government cannot
be treated at par with theChief Minister, of a single party government in the matter of
removal of Ministers, or in the matter ofremoval of Ministers, or in the matter of
reconstitution of the Council of Ministers which involves afundamental change in the
composition of the Government", From the Constitutional point of view thisis doubtful
proposition because the Governor Of U.P. made a distinction between the one party
ChiefMinister, and a coalition Chief Minister for which there in no basis. The decision of the
Governor waspartisan because the governor instead of accepting the advice of the Chief
Minister to dismiss the Minister,asked him to resign which exposed him to public criticism.
12.5 Legislative Powers
The Governor has important Legislative powers of summoning and proroguing the
State Legislatureof dissolving the Legislative Assembly of issuing ordinances and of assent
giving to Bills. But again theseDowers have not been used by the Governors impartially and
in order to prove this point, we will have toexamine them separately.
12.5.1 Summoning and Proroguing the Assembly
According to Article 174(1) of the Constitution, it is the duty of the Governor to
summon the Houseor each House of the State Legislature from time to time but six months
should not intervene between itslast sitting in one session and the date appointed for its first
sitting in the next session. Ordinarily, theSlate Legislature is summoned on the advice of the
Council of Ministers. But on account of policies ofdefections, particularly after 1967 when
some of the Chief Ministers lost the confidence of the House,they were not prepared to
summon the Assemblies immediately for trial of strength. They wanted to takeadvantage of
this Article which says that the gap between the last sitting in the previous session and
thefirst sitting in the next session should not be more than six months. At that time some of
the Governorsasked the Chief Ministers to face the Assemblies without undue delay whereas
other completely ignoredthese defections and allowed the minority Government to stay in
office. For example, Dharam Vira inWest Bengal in 1967", D.C, Pavate" in Punjab in 1970,
S.S. Ansari in Orissa in 1971 and B.K.Nehru in Manipur in 1973 as already mentioned,
followed the first course of action. In West Bengalwhen the Chief Minister did not agree to
summon the Assembly within a time stipulated by theGovernor he was dismissed. But on the
other hand, K.C. Ready in Madhya Pradesh in 1967,Anthassayanam Ayyangar in Bihar in
1968 and C.B. Gopale Reddy in U.P. in 1969 just to mention fewexamples, did not asked
their Chief Ministers to summon the Assembly to prove their majority.
In fact some of the Governors not only ignored the defections but went a step further
andprorogued the Assemblies so that a vote of no confidence may not be passed against the
Government.This was done by K.C.Reddy in Madhya Pradesh in 1967 and by Bhagwan Sahai
in Jammu and Kashmir in1970. It is reality strange that in West Bengal, the Governor asked
the Chief Minister to face the Assemblyimmediately and when he refused to do so, he was
dismissed butthe Governors of Madhya Pradesh and Jammu and Kashmirinstead of asking
the ChiefMinisters to face the Assemblies which were in session, prorogued them so that the
Government may not fall. If the minority Government in West Bengal wasbad could it be
proper in Madhya Predesh and Jammu and Kashmir simply because they were theMinisters
of the Congress Party? When the Governor behaves in that partisan manner the prestige of
theoffice of the Governor is naturally lowered.
12.5.2 Dissolution
Besides summoning and proroguing the Assembly, the Governor also has an
important power ofdissolving itanditwill not be out of context to mention here
thatwheneverthe Governor exercised this in a manner which did not suit the intents of the
party in power at the Centre, his conduct was severely criticized. For example, in Punjab
when D.C. Pavate dissolved the Assembly in 1971 the Congress Party including some of the
Ministers criticised him. Krishan Kant then a Congress M.P. said.“The way he(Governor) has
tried to ignore that Assembly which was scheduled to meet tomorrow is deplorable of theHigh
office of the Governor who is supposed to be protector of the Constitution. He should have
first senthis report to the President under Article 356 and waited for his advice." But a few
months after, in similarcircumstances, when the Assemblies were dissolved in West Bengal
and Bihar by S.S. Dhawan andD.K. Barooah, the leader of the Congress Party defended the
conduct of those Governors because it suited them.
Dissolution of assemblies has become a tool in the hands of ruling party at Centre to
interfere instate affairs by getting reports from Governors to pursue their partisan policies.
Nine State assemblieswere dissolved by the Janata government in 1977 and in 1980 nine
state assemblies were dissolved byCongress (I). Later BJP governments were sacked and
assemblies were dissolved in four states bygetting adverse reports from the respective
Governors of states in 1992.
But in 1997, October Governor Ramesh Bhandari gave a report to President to
declare President'srule in U P. and in 1998 when Governor of Bihar recommended
President's rule in the State, Presidentdid not oblige and rejected the advice although these
recommendations were ratified by Prime MinisterGujrat and his Cabinet and P.M. Atal
Bihariand his Cabinet respectively. President considered these as,politically motivated.
12.5.3 Issuing of Ordinances
Besides the above mentioned legislative powers, the Governor also has the power of
issuingordiance when the State Legislature is not in session. If the Governor is satisfied that
a particular lawis immediately needed he can even prorogue the session of the State
Legislature and then can issue anordinance. Ordinarily these ordinances are issued by the
Governor on the advice of the Chief Minister but some of the Governors refused to do so
when they were convincedthat it wouldamounttoapolitical corruption. For example, O.C.
Pavate in Punjab refused to issue an ordinance which wouldhave enabledthe legislators to
hold certain offices of profit, such as Chairman of improvement Trusts. He thought thatit
would violate his oath of office. But the Govemorof Haryana residing in the same city of
Chandigarh hadissued an ordinance of this type a few days eartiec... -,
Thus, our study shows that the powers of appointment and dismissal of Chief
Ministers and otherMinisters and the powers of summoning, proroguing and of dissolving
toelegistative Assemblies havenot been used by the Governors impartially and in process
undermined thedignity and prestige of theoffice for which they and they alone are to be
blamed. Dr. B. R. Ambedkarwas rightwhen he said :"Byindependence we have lost the
excuse of blaming the British for everything going wrong, if hereafter thinggo wrong, we will
have nobody to blame except ourselves."

1 What do mean by Ordiance?
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2. Explain any two functions of Chief Minister.
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12.6 THE CHIEF MINISTER IN INDIAN POLITICES

As we have discussed in the preceding pages, constitutionally speaking, the Governor
is thehead of the executive in state. However, as we know, it is only in the abnormal
circumstances when theconstitutional crises arise, that the governor is expected to play the
rate of real executive. In normalcircumstances, the real head of the executive in a State
remains the Chief Minister. The Governor even in exceptional circumstances has a limited
role to play in the governance of a State. As we have seenearlier the Governor exercises some
discretion in the selection of the Chief Minister, when the latter doesnot enjoy a clear cut
majority in the Assembly. However, once the Chief Minister has been selected thegovernance
of State comes under the control of the Chief Minister.
We have already studied how a Chief Minister who heads a coalition or the one whose
numericalsupport in the Assembly is doubtful, faces lot of trouble at the hands of the
Governor. Such a ChiefMinister infact works under so many constraints. He faces opposition
from the Governor, from the rulingparty at the Centre, from the State Legislature and also
from his own Council of Ministers. This is becausehe is not the leader of a single party in the
legislature and therefore has to depend on too many groups forsupport. Thus in turn
weakens his position and strength. Onthe other hands Chief Minister who enjoysa
considerable support in legislature but belongs to a party other than the one at the Centre,
facesopposition from the ruling party at the Centre. Such a Chief Minister is generally very
strong vis-a-vis theCentre. The third type of Chief Minister is the one who belongs to the
rulingparty and has a majoritysupport in State Legislature. Such a Chief Minister's strength
depends upon his personality. If he is astrong man he can use his position very well and run
the State in a very powerful manner. He may alsoact somewhat independent of the centre,
particularly if the State unit of the party is disciplined and doesnot have a considerable
number of dissidents. Such a Chief Minister may sometime be somewhat weakalso if he has
been nominated by the Prime Minister or the Central Party leadership and his nominationhas
been against the will of the majority of the State Legislators. Any Chief Minister who does not
enjoythe whole hearted support of legislators of the party in his own State remains generally
a puppet in thehands of the Central leaders, more particularly of the Prime Minister, very
often he has to meet thevarious demands of dissident members. The repeated demands of
the dissidents for the change of theState party leadership exhaust the energy of Chief
Minister in making efforts to stabilize his own position.
This political system in our country gives a number of such cases where the State
Chief Ministerswere very strong and also the situations where they were relatively weak.
Thus, for instance, such ChiefMinisters as Sardar Partap Singh Kairon (Punjab), B.C. Roy
(West Bengal), C.B. Gupta (Uttar Pradesh),K. Kamraj (Madras) and Y. B. Chavan
(Maharashtra) did not act as merely tools in the hands of CongressHigh Command. Their
strength and powerful position have been ascribed to the strong party support thatthey
enjoyed from the State unit of the party, B. C. Roy's example is worth mentioning here who
assertedhis personality and took many decisions even in contravention to the proposals of
the Planning Commission.The resistance of some of the Congress Chief Minister in the
South to the policy of Central Governmentpertaining to the study of Hindi as compulsory
language accounts to their powerful position. The mere fact ofone party dominance at the
Centre and State levels did not check the growth of ( the powers of some of thepowerful
Chief Minister.
However there are instances when the Chief Ministers despite the majority of their
party in theLegislature could not act with much strength. They depended more on the
support of central leadershipthat on their own strength in the legislature. In a way the
Central leadership was responsible for this. Inmany cases when the State Unit of the party
was faction ridden, the party High Command at New Delhi could impose its choice of Chief
Minister on the State. Thus, K.N. Katju, an outsider could be sent as aChief Minister to
Madhya Pradesh because the party unit of the State was not very cohesive at mat time.There
have been many such recent examples where the Chief Ministers have been sent from
theCentre, many of them being the choice of Central High Command, more particularly the
Prime Minister. The appointment of Vishwanath Pratap Singh and latter N.D. Tiwari as the
Chief Minister of UttarPradeshwas an instance where the State Legislators had left the
choice of leadership entirely with theP. M. in many cases, it was alleged that the Prime
Minister fully exercised his own choice in appointing theChief Minister after Assembly
election in June 1980. The Central Leadership has been exercising itscontrol over the State
Chief Ministers in another way also. At times it hasintervened inthe State leadership when
there was rivalry between the hostile groups of State party units. It did so by encouraging
oneorthe other dissident group. On many occasions, when the Chief Ministers were notto
the satisfaction of the Central Leadership, the Centre could remove them either by
encouraging the dissident faction againstthem or by asked them to resign. The Gujarat Chief
Minister, Ghanshayam Ojha was asked to resign byIndira Gandhiin 1973 and in his place
Chimmanbhai Patel was sworn in as the new Chief Minister of Gujarat.
The Non-Congress Chief Ministers who had a strong party support have generally
been verystrong Chief Ministers. The common examples are Karuhanidhl (Tamil Nadu),
E.M.S. Narpboodripad(Kerala). M. G. Rama Chandran (Tamil Nadu) and also Jyoti Basu
(West Bengal)No doubt, these ChiefMinisters had to work under some constraints, they
acted in a manner not subservient to the Centre. Theonly cases of very weak Chief Minister
have been that of the Coalition Chief Minister. The coalition ofparties does not necessarily
make a Chief Minister weak, but if the coalition involves a verylarge numberof political
parties which have no common ideologies and rather have been enemies in therecent
past,the Chief Minister of such a coalition can not exercise all the powers which he can
enjoy in a cabinet formof government. Most of the coalition governments which were formed
during the period 1970-71 were ofthis nature, and the Chief Ministers heading these
governments had a very thin and fragile majority in thelegislatures. This was the reason that
these coalitions could not survive for a longer time and forced midterm polls. In June 1995,
the S.P., BSP coalition headed by Mulayam Singh Yadav in U.P. fell as BSPwithdrew its
support. Later the coalition of BSP-BJP with Mayawati as Chief Minister of U.P. belonging
toBSP also could not work for long as BSP had only 50 members in the legislature. After the
1996 electionsthere is no dominance of single party in the centre rather there is coalition
government and because ofthis there is change in the role of Chief Ministers also. They are
playing significant role in making nationalagenda and national policies. Some of them have
played key roles.
This brief survey of the working of the Chief Minister in Indian politics shows that
although theChief Minister is real executive head in a State on whoseadvice the governor
ordinarily works, yet muchdepends on the personality of the man and his party support
inthe State legislature. Where as in normalcircumstances Governor is a nominal head, in
times of constitutional crises, his office assumes animportant and even controversial role.
12.7 STATE LEGISLATURE
States being component units of the Indian union, also possess legislatures, which are
organizedmore or less on the same line as the Union parliament. When the Constitution was
on the anvil in theConstituent Assembly, a large number of members expressed themselvesin
favour of providing a single-chambered legislature at the State level. Their main argument
was that the States finances did not justifythe creation of the costly and superfluous
institution like the legislative council. It was a result of theoppositions that parliament was
authorized to create or abolish a Legislative Council and that step wouldnot be considered as
an amendment to the Constitution (Article 169). However Parliament can do soonly if a
resolution is passed by Legislative Assembly to the State by 2/3 majority of members present
andvoting coupled with its over. All absolute majority either for the abolition or creation of
Legislative Council.When non-Congress Government came into being in 1977 in Punjab,
West Bengal, Tamil Nadu etc. they atonce abolished the second chambers thereby drastically
reducing the number of the Legislative Councils inthe country. But Tamilnadu since then
has gone in again for Legislative Council. Now, in certain States,namely, Punjab, Himachal
Pradesh, Haryana, West Bengal, Assam, Madhyapradesh, Manipur, Meghalaya,Orissa,
Kerela, Rajasthan, Tripura, Gujarat, Nagaland, Andhra Pradesh and Sikkim the legislature
isuni-cameral consisting of only the Legislative Assembly or the Vidhan Sabha. In the rest of
the States,the legislature is bi-cameral. Besides the Legislative Assembly, it also contains the
Legislative Councilor the Vidhan Parishad. The states with bi-cameral legislature are Bihar,
Tamil Nadu, Maharashtra, Karnataka and Uttar Pradesh(Article 168). Now we shall discuss
the composition and power of thesetwo chambers.
12.7.1 COMPOSITION OF TWO HOUSES
Legislative Assembly or the Vidhan Sabha as it is popularly called is the popular
chamber. Asstated at the outset, it is the principal legislative organ at the State level. Where
the State legislature isbicameral in structure, the Legislative Assembly occupies a position of
dominance and superiority. It isdescribed as the lower house, it can thus, be favourably
compared with the Lok Sabha or the UnionParliament. The strength of the Legislative
Assembly varies from State to State depending upon the population of the State. The
constitution has, however, prescribed the minimum and the maximumstrength that a
Legislative Assembly can posses. (Article170). According toit, itcan range, between 60 and
500. After every decennial census, the Election Commission reviews the strength of all
Assembliesand alters their strength whenever such alterations are warranted by the
population fluctuations. Atpresent the legislative assemblies of Punjab, Haryana and
Himachal Pradesh posses’strength of 117,90 and 68 respectively.
The Legislative Assembly is a popular chamber in the sense that all of its members
aredemocratically elected by the people living within the territorial limits of a State. As
regards themode of its election, the entire state is delimited into, more or less, equally sized
constituencies.The usual yardstick is that average number of people living within a
constituency should be of the orderof 75,000. From each constituency one member is
elected. Some of the constituencies in each Stateare however, reserved for the members of
the Scheduled Castes and Scheduled tribes, which means thatfrom those constituencies only
their representative are elected. Earlier, there was a practice of providingdouble seats in a
few 'Harijan' dominated constituencies. One of the two seats in that arrangement used tobe
exclusively reserved for these castes. That system has now been done away with. The
practice ofsingle-member constituencies has been universally accepted and adopted.
In certain States where the Anglo Indian community resides In a sizeable number,
reservationhas also been accorded to it. The constitution provides that in case this
community is not adequatelyrepresented, that the governor can nominate one person from
amongst them. The reservation relating toboth the Harijans and the Anglo-Indian community
is a temporary measure. It would cease to operate themoment it is realized that they are now
sufficiently developed to stand on their own.
12.7.2 Qualifications for the Voters and Members
The Legislative Assembly is a popularly elected House. Every Indian citizen who lives
in the Stateand who has completed 18 years of his/her age can participate in its election.
His/her name must alsoappear on the electoral list a prepared by the election office.
To qualify more for the membership of the House, one must fulfil the following
conditions:
1. One must be a citizen of India,
2. One must have completed 25 years of his age,
3. One must not be unsound mind,
4. One must not be an undischarged insolvent.
5. One must also possess all other qualifications that Parliament may prescribe
from timeto time.
12.7.3 Term
The Legislative Assembly is normally elected for a period of five years. But it can be
extended byone year at a time, in case the holding of elections is not possible due to
emergency proclaimed underArticle 352. Its tern can also be cut short when the State is
placed under President's Rule under Article356.
The members of the House elect from amongst themselves two persons, one the
Speaker andthe offer the Deputy Speaker. The former presides over the sessions of House
and the latter takes thechair when the speaker is absent. Besides, the Speaker nominates a
panel of chairman who presidesover the session in the absence of the Speaker and the
Deputy Speaker.
12.8 LEGISLATIVE COUNCIL
The Legislative Council, or the Vidnan Parishad, is the upper house of the State
Legislature. It isavailable only in a few states of the Indian Union.
Composition: As in the case of Legislative Assembly, the strength of the Legislative
Councilhas also been prescribed by the constitution between the minimum and maximum
limits. It says that acouncil would consist of not less than 40 members and not more than
one third of the Assembly.Previously the ceiling used to be one fourth of the Assembly.It has
now been raised.
With a view to keep it at variance from Legislative Assembly, the constitution
prescribed a differentlystructured composition of the Council. Accordingly, it consists of:
(a) The representative of Legislative Assembly: Their strength is1/3rd of the total
membershipof the Council.
(b) The representatives of the local bodies of the State: The members of the
municipalcorporations, municipal committees. Zila Parishads, Panchayat
Samittes of the state electfrom among themselves 1/3rd members of the Council.
(c) The representatives of the teachers: All those teachers who work in the
educationalinstitutions of the secondary standard and above and who put in
more than three yearsto service elect from among themselves 1/12th members of
the Council.
(d} the representatives of the graduates: All those graduates residing in the state who
havepassed the B.A. or an equivalent examination from any Indian or foreign
university alsoelect from among themselves 1/12th of members.
(e) The nominees of the Governor: The remaining 1/6th of the members are
nominated bythe Governor from amongst such persons as have attained some
distinction in the field ofart, science or literature or have taken a outstanding
part in some national or cooperativemovement.
12.9 Method of Elections
The members of the Legislative Council are elected by means of the single transferable
volesystem of the proportional representation method. This system has been adopted with a
view to providingrepresentation to all large and smaller groups.
Qualifications of the Members
To be a member of the Legislative Council, one must possess the following
qualifications:
1. One must be a citizen of India. .
2. One must have completed 30 years of his age.
3. One must not be of unsound mind.
4. One must not be an undischarged insolvent.
5. One must also possess all other qualifications as may be prescribed by the
Parliament from timeto time. '
12.9.1 Term
Unlike the Legislative Assembly, the Legislative Council is a permanent house in the
sense that itis not subject to dissolution, its members are, however, elected for a term of six
years. One third of themretire by rotation after every two years thereby facilitating their
regular, periodical renewal.
The members elected from among themselves two persons - one chairman and the
other deputychairman, the former presides over the meetings of the House and the latter
takes his chair when he isnot present in the House.
12.9.3 Functions of StateLegislature
Being the legislative organs of the state, the Legislatures, which mean the two Houses
combinedtogether, perform the following functions:
(a) Legislative Functions: The primary functions of the State Legislature is to
make laws to amend theexisting laws according to the needs and requirements of time and to
repeal those current laws whichare no longer required. It may, however, be borne in mind
that the legislative competence of the StateLegislature is limited. It cannot make laws on any
subject under the sky. The constitution vests in theState Legislature the power to make laws
on the subject contained in the state and the concurrent lists.To elaborate, the constitution
has divided all those subjects upon which laws can possibly be enactedinto three lists. Union
list, State List and Concurrent List. The State Legislature cannot make laws on theUnion
List. It has however, been empowered to legislate on the subjects in the States list, not
worthyamong which are, law and order, agriculture, industry, land, local government and
public health, etc. Even with regard to these subjects, the State Legislature can lose the
power of making laws if (a) thepresident declares a state of emergency in the State in which
case the Union parliament gets the powerto make laws on these subjects, (b) the Rajya Sabha
declares by means of a resolution passed by 2/3rdmajority that any of theState subjects has
assumed national importance, then in that case the power oflaw-making on the particular
subjects is transferred for a period of one year to the Parliament, (c) theLegislatures of two or
more states requests parliament by means of a resolution to enact common lawfor them on a
particular state subject.
The State Legislature can also make laws on the subjects contained in the concurrent
list, importantamong which are marriage and divorce laws, civil and criminal law and
procedure, newspapers etc. TheConstitution has also empowered the Union Parliament to
make laws on these subjects. If at anytime bothparliament and State Legislature make law
on a particular subject man in that case the law made byParliament will prevail not the one
enacted by the State Legislature. If, however, the State Governmentreserved that law for the
assent of the President and that assent had been obtained, then in that case thelaw made by
the State legislature would prevail and elsewhere that of the Union Parliament.
(b) The Executive Functions: The State legislature performs some executive
functions also.The Council of Ministers is individually and collectively responsible to the
lower house of the StateLegislature - the Legislative Assembly, which means that the
ministers and the ministry as a wholeremains in office so long as it commands the
confidence of the majority of the Legislative Assembly.The Legislative Assembly can express
its lack of confidence in the ministry by (a) passing a vote ofcensure against an individual
minister (b) by passing a vote on no-confidence against the ministry as awhole (c) by
rejecting an official bill (d) by effecting a token cut in the salary of a minister or (e)
byeffecting a cut in the budget. This power of controlling the conduct of the ministry has
been vested inthe Legislature on account of the fact that there operates the parliamentary
form of government in India.
(c) Financial Functions: The State Legislature is the custodian of the State purse.
Before thecommencement of the new financial year, the Minister for Finance prepares and
submits to theLegislature a statement of estimated income and expenditure-of the state's
finance called, theBudget. The Legislature is fully authorized to pass or reject any item in
the budget. No tax can be leviedwithout its approval. At the end of the year, the
administration submits to the legislature a copy of theproperty audited accounts. The
legislature also appoints two committees - the public Account Committeeand The Estimates
Committee. The former screens the accounts and the latter the estimates. Theseare two very
powerful instruments of legislature control over the administration.
(d) Electoral Functions: The State Legislature also performs certain electoral
functions. TheLower House of the State Legislature - that the Legislative Assembly in
partnership with the UnionParliament elects the President to India.It also elects the
members of the Rajya Sabha. If there is asecond house in the State Legislature (the
Legislative Council) one third of its members are elected bythe Legislative Assembly.
(e) Constituent Functions: The State Legislature has also been conceded limited
powers ofeffecting amendments in the Constitution. There are certain articles of the
Constitution, such as theelection and powers of the Union Executive, the centre-state
relations, the jurisdiction of the Supremeand the High Courts etc. The amendments of which,
after it has been duly passed by the Parliamentcannot attain the force of law so long as it is
not approved by the Legislature (only Legislative Assembly, ratifies the amendment) of nail of
the states.

1. Write name of the upper House of State Legistature.
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2. Write any two qualifications of Legislature members.
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12.10Relationship between the two Houses

Let us examine the nature of the relationship that exists between the two Houses of
the StateLegislature, in those states where there exist single chambered Legislature, the
question of mutualrelationship does not-arise at all. In the rest of the states, a certain type of
relationship binds the twoHouses with each other as it would be clear from the following
paragraph, the balance of relationshiptilts in favour of the Legislature Assembly.
The relationship can be discussed under the following heads:
(a) Non-money Bill : It must be borne in mind that a bill other than a money Bill
may originate in either house, A bill is not deemed to have been passed unless it passes
through the Legislative Council(where such Councils exists). But if a Bill other than a
moneybill passed by the Legislative Assembly andtransmitted to the Legislative Council is (i)
either rejected by the Council or (ii) more than three monthselapse from the date of receipt of
the bill by the Council without the Bill having been passed by it or (iii) a billis amended in a
manner which the Assembly does not approve, the Legislative Assembly, may re-passthe bill
with or without amendments suggested by the Council and again transmit it for the Council.
At thisstage, if the Council insists on its amendments or refuses to pass it for a month then
the Bill is deemedto have been passed without the consent of the Council. There is no
provision for a joint sitting of twoHouses to resolve their differences.
Thus, we find that the will of the Legislative Assembly reigns'supreme and can
overrule that of theCouncil. This makes the Legislative Council little more than a mere
appendage of the Legislative Assembly. And critics have pressed this point hard to argue for
their abolition.
(b) Money Bills: As regards Money Bills, powers of the Council are even more
nominal.After its passage from the Assembly, the Bill is transmitted to the Council for its
recommendations, andit is required to return it within fourteen days with or without its
recommendations to the Assembly. TheAssembly is under no obligation to accept them. If it
rejects them the Bill is deemed to have been passedas transmitted to the Council earlier.
However, if the council takes no action on it, the Bill is passedwithout its consent. Thus, in
money matter, the council has neither the initiative nor an effective voice.
(c) Control over the Executive: As we know, the State Legislature exercises an
elementof control over the state executive. This power has been specifically vested in the
Legislative Assemblyand not in the alone can impose a cut in the salaries of the ministers or
in the budget. All this implies thata little frown on the face of the Assembly can make the
whole council of ministers tremble with fear. Itmust therefore, keep it in perpetual good
humour. Once the support and goodwill of the lower house isassured,it need not bother
about what the upper house thinks or conspires against it.
To sum up, the Legislative Council compared to the Legislative Assembly, is
functionally a non-entity. It exercises no control either on the State's finances or the State
Executive, nor can it successfullycheck the high handedness of the Legislative Assembly, in
the field of law making. It can, therefore, besafely described as a mere appendage to the
Legislative Assembly.
The Legislative procedure in the State Legislature is the same as is followed in Union
Parliament.It has been designed to interpose as much of delay as may let the public opinion
crystallise and alsoafford time to the members to consider the Bill in its various aspects. The
main steps through which a billmust pass are as follows:
Introduction and the first Reading of the Bill: All the bills except money bills can be
initiatedin either House. A notice of motion for the Introduction of a bill must be
accompanied by a statement of its object and reasons. The bill is not opposed at this stage,
under normal circumstances. Where theintroduction is opposed, the speaker may allow the
mover of the bill to give a short explanatory speechafter which votes may be taken. After the
house has agreed to Its Introduction, the Bill is sent forpublication in the gazette.
Second Reading: After the Introductory stage, any one of the following motions may
be movedregarding the Bill.
(i) The House may move that the Bill may be circulated elicit public opinion.
(ii) That the Bill may be referred to a committee.
(iii) The Bill may be taken up for consideration in the whole House.
The general principles of the Bill are discussed at this stage. However, no amendments
to theclauses of the Bill are allowed. At present, those amendments are allowed which relate
to the variousmotions.
Committee Stage: When the motion that the Bill be referred to the Select Committee
is carriedmember-in-charge of the Bill, submits a list of names who will constitute that
committee. The speakerthen nominates the members and the Bill is then submitted to the
Select Committee along with thedate by which it is to be returned. The committee considers
the details of the Bill because the general principles of a Bill referred to have already been
discussed on the floor of the house.
Report Stage: After due consideration, the Bill isreported back to the House.
The House then considers the Bill clause by clause and each clause is placed before
the Housefor discussion and amendments may be moved. Each amendment has to be
discussed and acceptedor rejected. Ultimately the bill is put to vote and passed.
Third Reading: At this stage, the Bill is complete in all respects. No amendments
except of finalnature are allowed, and the debate on the Bill is confined to either its support
or its rejection.
Bill in the Other House: After the Bill has been passed by the legislative Assembly, it
is sent tothe Legislative Council, where it undergoes almost the same process. This is,
however, subject to thecondition that there is a Legislative Council, otherwise the Bill is sent
to the governor for his assent, straight from the Legislative Assembly.
Governor's Assent: After the bill has been passed by the Legislative Council, it is sent
to thegovernor for his assent, who may either (a) assent to it (b) with hold it or (p) reserve it
for the President(d) he may return it to the Legislative Assembly for reconsideratton. In case
the Bill is again passed, theGovernor has no choice but to give his assent. After such an
assent has been given, it is published in thegovernment Gazette as an Act of the State
Legislature.
12.12Procedure for Money Bills
In the procedure for the passage of the Money Bills, we find substantially the same
method as itoperates at the level of the parliament. The Legislative Assembly has the
exclusive right to initiative financiallegislation, and it atone has the power to grant new taxes
and authorize borrowing by the government.
Every year the government causes to be laid before the State Legislature an Annual
FinancialStatement of the Budget. The budget shows separately the expenditure charged on
the consolidated fundand other expenditure. The expenditure charged on the consolidated
fund is not subject to a vote by thelegislature. The other expenditure is submitted in the form
of demands for grants to the Assembly. It mayaccept them or refuse them outright or may
modify them. The financial control over the Government isone of the most important controls
of the legislature.
12.12.1 Different Stages in Financial Legislation
Following are the stages in the passing of the Budget
(1) In the first stage, the Finance Minister present the Annual Statement with a short
speechintroducing the taxes imposed.
(2) In the next stage, there is a debate on the budget. Members view critically the
financialstatement and this is an important opportunity for them to criticize the
policy of theGovernment.
(3) In the third stage, voting of grants takes place, separate demand for each
department ofthe government are presented by the minister-in-charge. This
affords the members anopportunity to review the working of the state
department. The members can proposecuts and question the necessity of various
demands.
(4) The next stage is the Annual appropriation bill which must be passed into a
statute. Afterthe grants have been sanctioned, the Bill is introduced to provide for
to Appropriations.
(5) The Appropriation Bill having passed through all stages finally voted and if
passed by theAssembly, it is certified by the Speaker to be a money Bill and
transmitted to the LegislativeCouncil.
(6) The last stage in the completion of the Annual Financial Statement, is the
passage of theFinance Bill. It is a bill which covers the ways and means by which
the revenues for theexpenditure are to be raised. With the passage of this Bill the
Budget Is considered tohave been passed in all respects and the new taxes
become operative.
12.13SPEAKER
The Speaker is the most important functionary of the Legislative Assembly. At the
openingof thefirst session, the Assembly elects its Speaker as well as the Deputy Speaker. A
Speaker or DeputySpeaker vacates his office the moment he ceases to be a member of the
Assembly. In other words, aperson must be a member of the Legislative Assembly in order to
be eligible for election to Speakership.The Speaker may resign his office and his resignation
is addressed to the Deputy Speaker. He can alsobe removed by a resolution, passed by a
majority of the total membership of the Legislative Assembly.The Speaker or the Deputy
Speaker cannot preside over the session when a resolution .for their removalis being
debated upon.
As regards their salary and other allowances, they are fixed by the State legislature
and chargeableon the consolidated fund of the State.
12.13.1 Functions of the Speaker
The functions of the Speaker are broadly the same as those of his counterpart in the
Lok Sabha.The Speaker is an independent and important presiding officer.
The Speaker is empowered to admit questions, resolutions, arid motions and allot
time to thedifferent rules of business before the Assembly.
He is charged with the maintenance the decorum and order in the house. In this
direction, he isvested with a large amount of powers. He can suspend disorderly members, or
ask him to withdraw fromthe House for breach of decision. His decision is final and not
subject to scrutiny by court of law.
He interprets the rules of the Assembly and decides all questions involving the
privilege ofmembers.
We find that he is also the custodian of the rights of the members and in order to
ensure properconduct of the business, he must maintain complete impartiality. But it must
be pointed out that the officeof the Speaker has not attained a high respect nor has it built
healthy tradition. There have been numerouscauses where the Speaker has involved himself
in party politics. His authority has been openly floatedsometimes. The most important point
to remember in this regard is that the Speaker in the StateLegislature has not bean able to
withdraw from their political parties. This has coloured their decisions inthe House and
hence they have not been able to lend the respect and dignity to their officers, which to
saythe least is most essential for the functioning of democracy. Nevertheless, he occupies
and continues tooccupy a pivotal position in the Legislative set up of state.
12.14Summary
Like the Union Government each State has its own governmental set up e.g. the
executive and the,legislature. Governor is the constitutional head of the State and is the
formal chief executive of the State.He has to play a double role that of the formal head of the
state and the agent of centre. Because of his later role his office has become controversial as
he has to appease his masters at the Centre. Ohterwisehe has to excercise his powers on the
advice of Chief Minister and .his Cabinet. The power to declarePresident's rule in a
constitutional crisis in a state makes his position even more controversial. The ChiefMinister
is the real head of the state politics. But his actual position depends on his personality and
thesupport he gets from his party or parties in case of coalition government. Each state has
also alegislature on the pattern of Union Legislature. But in some states the legislature is bi-
cameral and insome thereis only one house i.e. the Legislative Assembly. The second house
is known as Legislativecouncil. Like the Union Parliament the state legislature also performs
legislative, executive, financial,electoral and constituent functions. The legislative council is
considered a mere appendage of thelegislative Assembly. Therefore many states have
abolished the second chambers.
12.15 References
1. Administrative Reforms Commission Report Vol. 1, September 1967. p.272.
2. Ibid. p. 264
3. Shrimati Vijay Lakshmi Pandit.
4. While speaking in the Constituent Assembly, T.T. Krishnamachari said "I would at
once disclaimall ideas at any rate so far asI am concerned that we in this House
want the future Governor whois to be nominated by the President to be in any
sense an agent of the Central Government. Iwould like that point to be made very
clear, because such an idea finds no place in the scheme
oftheGovernmentweenvisageforthefuture."CAD,Vol.VHI,p.400.
5. Rajya Sabha Debates. Vol. VIII, 1954, p. 204.
6. Kessings Contemporary. Archive March 15-22,1952. p. 12084.
7. Ibid.
8. Lok Sabha Debates, Vol. VIII Part It November 19,1654.Col.439.
9. Kessings contemporary Archives, March 27April 3,1954, p. 13490.
10. Rajya Sabha Debates, Vol. LVIII, No. II, November 7,1966. Cols. 189-90.
11. In Pondichery while appointing a minority Government of Ramaswami(ADMK) who
was the leader of the largest single party in the Assembly having 12 seats out of 30
(two members of theCPI promised to support and Ramaswami submitted a list of
14 members to the Lt. Governor).The Governor refused to make verification about
the majority in the Assembly as demanded byFarooq Maricar, the then leader of
the Congress party. The Indian Express, March, 6,1974, p. 1
12. The party wise position in the Assembly was : Communists - 60. Congress - 43,
PSP - 9,-Muslim League – 6, independent - 6, Total 126 (Keesings
contemporaryArchives. May 11-18,1957 p. 15535), The independents and regular
members of CPI formed a joint Legislature party"and elected Namboodiripad as its
leader who approached the Governor an gave him alist of themembers who
promised to support him. But the Governor wanted to satisfy himself and
hencewanted to meet those independent members, Namboodripad was Invited-to
form the Governmentonly after each one of the independent individually totd the
Governor that he would supportNamboodripad, Patriot December 3,1957, p. 2.
13. When the election were held in 1965, the party-wise position in the Assembly was :
Leftcommunist 40, Congress 36, Kerala Congress 24, SSP 13, Independents 10,
Muslim League6, Right Communists 3, Swatantra -1, Total 133 (Asian, Recorder
March 26, April 1,1966. p.6367). Namboodripaa staked his claim as the leader
ofthe largest party in the Assembly but thegovernor made his own assessment and
came to the conclusion that there was no possibility ofa stable Government in the
State and on his recommendation the President's Rule was imposed.
14. In U.P. the party wise position was: Congress -199, Jan Sangh-98, SSP-44,
Swatantra -12,CPI- 14, CPM -1, Republican - 9, PSP -11. Independent – 37, Total
426 (Asian Recorder, April2-6. 1967, p, 7834). The non-Congress parties formed a
United Front. C.B.Gupta, the leader ofthe Congress party and Ram Chandra Vikal,
the leader of the United Front, both claimed majorityand submitted the lists of
their supporters which had many common names. Explaining as tohow the rival
claims were settled, Bishwanath Das, the then Governor said that he had
firstaccepted the signed statement of throe supporters of Congress not claimed by
the United Front.After this the elected leaders of the two parties were asked to
produce before him memberscommon to the lists of both. Thirteen of them
appeared before him and affirmed their support tothe Congress. With these sixteen
supporters, Congress strength was assessed at 214 (a majorityof 4), Of the five
members of other parties claimed by the Congress, three appeared before him and
confirmed the claim. Further there was a signed statement of supportthe Congress
by oneIndependent nominated Anglo Indian. The United Front could not produce
any Independentmembers before him, The Statesman, March 14,1967, p. 7.
15. In Rajasthan the Congress Party had 88 seats in a House of 183. The Governor
while making hisown assessment found that the United Front (Samyukta Dal) had
a majority then he invitedMohan Lal Sukhadia (Congress) to form the Government
in his capacity as the leader of thelargest party.
16. The party wise position in the Assembly was ; Congress - 118, 88P " 62, J.S. --34
CPI -25,PSP-17. Janata Party -14, Kul Jharkhand -10,Lok Tantrik Congress Dal -
9. BKD - 6. Shoshit Dal-6, Swantantra CPI M - 3, Independent - 20, Vacant Seat -
1. Total - 316 (The Statesman,February 21,1869, p 1). Harihar Singh, the leader of
the Congress party and Bhola Paswan, theleader of the SVD claimed majority and
submitted the lists of their supporters. The Governormade his own assessment and
Invited Harihar Singh the leader of the Congress party to form theGovernment (The
Times of India, February17,1969, p. 1). But how the Governormade his
ownassessment, only he knows because the MLAs whose names appeared in both
the lists were notinterviewed by him and hence there is a doubt that Harihar Singh
was invited without proving hismajority In the Raj Bhawan.
:
17. The party wise position in the Assembly was: Congress(R) - 51, Swatantra- 36,
Uttal Congress- 32, Jan Congress -1, PSP - 4, Congress(O) -1, CPM - 2, Jharkhand
- 4, Independents - 4,one seat was vacant Total 140. The Governor after making
his own assessment recommendedthe imposition of the President's rule. (Journal of
the Society for the Study of State Government: Vol. I. October-December, 1973, No.
II p. 249-50)
18. The party, wise position was: United Left Front (CPM - 3, RCPI - 3, Biplabhi Bangla
Congress-1,Forward Block(M)-2. independent - 4, Workers Party-2, United Left
Democratic Front (CP! -13,Forward Block - 3, Socialist Unity Centre -7, Gorkha
League - 2, Congress (0) -2, BangiaCongress - 5, SSP -- 1, Muslim League - 7, SSP
-3, RSP - 3, Jharkhand -2), Jan Sangh - 1.Congress(R) 105. Three seats were
vacant, Total 280, (Asian Recorder, May 7-13,1971, p.1037). The Governor invited
Ajoy Mukherjee after making his own assessment.
19. When the elections were held In February 1974 the party-wise position in the
Assembly was:U.D.F. (United Democratic Front)-25, NNO(Naga Nationalist
Organisation) – 23, Independents-12, Total-60 (The Hindustan Times, February
21,1971, p. 1). Renu Shiza, the leader of U.D.F.and Harkishe Seema, the leader of
NNO both claimed majority. The Governor while making hisassessment interviewed
all the twelve independents and he found that five of them had JoinedNNO and the
other seven had joined U.D.F. Hence, he invited Vizol, the leader of the U.D.F.
toform the Government. The Indian Express. Feb. 23,1974, p. 1.
20. The party wise position in the Assembly was: Janata Front Congress(O) - 56, Jana
Sangh -19.BLD -2, Socialist party - 2. National Labour Party -1. Independents - 8,
Congress - 75. KissanMazdoor Lok Paksha -13, Independents —, One seat was
vacant, Total -182. The Tribune. 14.1975,p. 1.
21. In 1967, the party-wise position in the Assembly was: Communist - 60. Congress -
43, PSP - 9,Muslim League-8, Independents-6, Total-126. (Kessings Contemporary
Archives May 11-18,1957, p. 15535). The independents and regular members of
CPI formed a Joint Legislature Partyand elected Namboodripad as its leaderwho
approached the Governor and gave him a list of themembers who promised to
support him. But the Governor wanted to satisfy himself and hence,wanted to meet
these independent members. Namboodripad was invited to form the
Governmentonly, after each one of trie independents individually told the Governor
that he would support EMSNamboodripad. Patriot, December 3. 1957, p. 2.
22. The party-wise position in the Assembly was:" Left communists - 42, Congress -
36, KeralaCongress - 24, SSP - 13. Muslim League - 6. Right Communists - 3,
Swatantra - 1 andIndependents -10, Total -133 (Asian Recorder March 26, April
1,1965. p 6367).
23. The party wise position in the Assembly was :- United Left Front 225 (CPM - III,
Biplabhi BanglaCongress - 1, Forward Block(M) - 2, Independents- 4, Worker's
Party'-2, Congress(R)-105,United Left Democratic Front -49, CPI -13. Forward
Block -3,PSP - 7. Gorkha League - 2.Congress (O) - 2. Bangla Congress - 5, Muslim
League - 7. PSP - 3, SSP -1, Jharkhand - 2,Jan Sangh -1). Total - 277. Three seats
were vacant.
IbidMay, 7-13, 1971.p. 10137.
24. This method was followed by Bishwanath Das in U.P., by HukamSlngh in
Rajasthan in 1967 and,B.K. Nehru in Nagaland in 1974.
25. This method was followed in Bihar in 1969 and again by Nityanand Kanungo. In
both these'cases, the leaders of Congress Party were appointed as Chief Ministers.
This method was alsofollowed by B.Gopala Reddy in U.P. in1970 when he
appointed Charan SIngh as the Chief Minister.At the time, the strength of Congress
(O) and Congress (R) was not dear.
26. The Indian Express, March 25, 1968. p. 8
27. Ibid, March 26,1968, p 8. .
28. Ibid.
29. Ibid, March 25,1968, p. 16. '
30. The Statesman, November 27,1971, p. 6.
31. The Tribune, August 15,1969, p, 4.
32. The Indian Express, March 30,1967, p. 6.
33. The Statesman, Novembers, 1967, p. 1,
34. Ibid.July2,p.1.
35. lbid,January6,1971p.1. . .
36. The Hindustan Times, March 18,1973, p. 8.
37. When B.P.Mandal defected from United Front alongwith 22 MLAs, the Government
of MahamayaPrasad Sinha was reduced to a minority in the Assembly. The Indian
Express, Sep.1,1976, p. 8.
38. When the Assembly was in budget session G.N. Singh defected along with 36 MLAs
and reducedthe Government of D.P.Mishra to a minority in the Assembly. Then the
Governor prorogued thesession. Lok Sabha Debates, 4thSeries, Vol. VII Nos. 41-45,
July 20,1967 Cols. 13434.
39. Because of split in the Congress, C.B.Gupta was reduced to a minority in the
Assembly but theGovernor refused to take any note and allowed Gupta to remain
in office for more than two monthsafter he had lost majority. Lok Sabha Debates
Vol. XIV Nos, 1-10, Nov. 1970. Col. 302-37.
40. He said that he would intervene only if the Assembly was not summoned within six
months of thelast session. At the same Daroga Prasad Rai (Congress) was the Chief
Minister. The Statesman,October 27,1970. p. 9.
41. When 36 out of 62 MLAs of Congress Party withdrew support from the Ministry of
G.M. Sadiqduring the budget session, the Assembly was prorogued, Ibid, July
23,1970. p. 1.
42. On the eve of the budget session in 1971 and when 16 Akali MLAs Including Six
Ministersdefected from the Akali Dal, P.S.Badal was reduced to a minority in the
Assembly. TheGovernor instead of asking the Chief Minister to face the Assembly,
accepted his advice ofdissolving the House. Asian Recorder, July 9, 15,1971, p.
10248.
43. When 25 MLAs of CCPI withdrew support from PVD (Progressive Vidhayak Dal),
Ministry ofBhola Paswan Shastri the Government was reduced to a minority, but
the Governor did not askto face the Assembly, The Statesman, July 18,1971,p. 1.
44. When there was a defection from the Congress Party in 1973, the Ministry of
Nandani Satpathiwas reduced to a minority. The Governor did not ask her to face
the Assembly. Asian Recorder, April 9-15.1973,p, 113-14.
45. Lok Sabha Debates, 4-' Series, Vol. XLV, Nos. 1-10 November 19,1970, Cols. 412-
13.
46. At the time the Governor said: 'It was not the business of the Governor to count
heads of themembers belonging to various parties to ascertain the claims of
majority outside the House. TheConstitution clearly allowed a time lag of six
months between two sessions of Vidhan Sabha.This time factor was obligatory for
Chief Minister of a minority Government was not an lllegal Government till it was
proved to lacking majority support. The Times of India, December 21.1969,p. 7.
47. For details see J.R. Siwach, "The Concept of Major Partnership and dismissal of
Chief Minster" inJournal of the Society for the Study of State Government.
48. The Tribune, Nov. 22,1967. p.3.
49. The Tribune, August 17,1961. p. 1.
50. The Statesman, February 11.1972, p. 1.
51. The Hindustan Times, May 5, 1974. p.3..
52. Ibid, June 15,1974. p. 6.
53. Lok Sabha Debates Vol. XLV. Nov. 1-10.
54. For details on this point see J.R.Stwach, "The Office of the governor: A critical
Analysis". (Sterling Publisher Delhi, 1977).
55. In West Bengal P.C.Ghosh a senior Minister defected with 17 MLAs from the United
Front onNovember 2, 1967, and thereby reduced the strength of the ruling front to
136 in a House of 280.Patriot, November 23,1967, p, 1.
56. The Statesman, July 2,1970, p. 1.
57. The Times of India. June 14,1971, p.1.
58. Ibid June 28,1971. p.1.
59. The Hindustan Times, Oecember30,1971, p. 1.
1. Brass,Part, Politics of India since Independence, Orient Longman, Hyderabad,
1990.
2. Arora Balveer and Vesney, Douglosed), Multiple Identities in a Single State: Indian
Federation in a cCorporative Perspective, Kenark, Delhi, 1995.
12.17. Model Questions
1. Discuss the role of Governor in Indian Politics.
2. Discuss the powers and position of Chief Minister.
*****
Lesson-13
JUDICIARY
Structure
13.0 Objectives
13.1 Introduction
13.2 Supreme Court
13.2.1 Composition
13.2.2 Jurisdiction
13.3 Role of Supreme Court
13.3.1 Interpreter of Constitution
13.3.2 Guardian of Fundamental Rights
13.4 Power of Judicial Review
13.5 Role in Political Process - Judicial Activism
13.6 State Judiciary (High Courts)
13.6.1 Composition
13.6.2 Jurisdiction
13.7 Summary '
13.8 References
13.0 Objectives
This lesson deals with the Judicial System of India. After going through this lesson
youwill be able to:
• understand the unified judicial system of India;
• explain the composition and powers of Supreme Court of India;
• evaluate critically the role of Supreme Court and
• discuss the composition and jurisdiction of High Court
13.1 Introduction
In the preceding lessons you have studied the executive and legislative organs of union
and state-government. Now we undertake the study of judiciary at both union and state
levels in the present script.Although India is a federal state but we have a unified integrated
judicial system. No doubt there are HighCourts at the State level but there is single judicial
system in India having Supreme Court at the apex andHigh Courts below it. Like America
there are no separate courts to administer federal and state laws.First we take up the study
of Supreme Court of India.
13.2 SUPREME COURT OF INDIA
The Constitution of India in Chapter IV of Part V provides for the Supreme Court of
India whichstands at the apex of Indian Judicial System. In a federal system, judiciary plays
a significant role and inthe background, the study of its various aspects becomes very
important.
13.2.1 Composition: The Supreme Court of India started with Chief Justice and other
Judgesand now, it can have twenty five other judges. Parliament is empowered, under the
Constitution to changein the number of judges according to the needs.. Besides this, the
constitution makes a provision for theappointment of 'adhoc' and 'retired' Judges. If at any
time, the Supreme Court does not have the quorumof the Judges to hold or continue any
session of the court, the Chief Justice of India with the previousconsent of the President and
after consultates with the Chief Justice of High Court concerned, canrequest for the
attendance of a Judge of a Court as an 'adhoc' Judge of the Supreme Court, it shall be
theduty of Judge to attend the sittings of the Supreme Court for the period for which his
attendance isrequired and he shall have all the jurisdiction, powers and privilege and shall
discharge the duties of aJudge of the Supreme Court. Similarly, the Chief Justice of India
may request the retired Judges of theSupreme Court or of a High Court to sit and act as a
judge of the Supreme Court.
 Appointment: Every judge of the Supreme Court shall be appointed by the President
afterconsultation with such of the Judges of the Supreme Court and of the High
Courts in the States as thePresident may deem necessary. But in the case of
appointment of the Judge other than the ChiefJustice, the Chief Justice shall always
be consulted. No specific provision has been made in regard tothe appointment of the
Chief Justice of India. Over the years a convention was developed that thesenior-most
puisne judge would become the Chief Justice whenever the vacancy arose.
Thisconvention was not followed on the retirement of the 13th Chief Justice, Mr. S. M.
Sikri on April 25,1973. Mr. Justice A. M. Ray was appointed the Chief Justice in
preference to Mr. Justice J. M. Shelat,Mr. Justice A. N. Grover and Mr. Justice K. S.
Hegde who in protest resigned. Thus, the seniority rulewhich was followed over the
year was not adhered to. For deviating from this rule, the government tooksupport
from the recommendation of the year 1968 of the Law Commission of India which was
to thefollowing effect: "For the performance of the duties of Chief Justice of India, there
is needed, not only ajudge of ability and experience but also a competent
administrator capable of handling complex mattersthat may arise from time to time, a
shrewd Judge of men and personalities and above all, a person ofstudy independence
and towering personality who would, on the occasion arising be a watch dog of
theIndependence of the Judiciary...... It may be that senior most puisne Judge fulfills
these requirements. Ifso, there could be no objection to his being appointed to fill the
office. But very often that will not be so. Itis therefore, necessary to set a healthy
convention that appointment to the office of the Chief Justicerests on special
consideration and does not as a matter of course to the senior most puisne Judge".
Onthe other hand, extreme resentment was expressed by the lawyers, jurists and
opposition members ofthe Parliament. So much so that even the appointment was
challenged before the Delhi High Court onthe main ground of violation of the
provisions of the constitution (Article 124 (2) in as much as that no Judge had been
consulted by the President in appointing the Chief Justice of India and the rule of
seniorityhad not been followed. A full bench of the Delhi High Court rejected the
petition and held that the issue ofwrit of quo-warran to by the High Court would be
futile because as a result of the resignations of theJudges who were senior to him.
Justice A. N. Ray became the senior most puisne Judge and not onlycould be re-
appointed but would be entitled to be re-appointed as Chief Justice of India, if the
contentionthat the convention of Seniority was a rule of law and was inherent in
Article 124(2) be correct. On hisappointment as Chief Justice of India, a Judge of the
Supreme Court does not cease'to be a judge of theSupreme Court. This will be so even
if the requirement of consultation under Article 124(2) is mandatory.Justice A. N. Ray
did not lack in the necessary qualification mentioned in Article 124(3) and he could
bere-appointed as Chief Justice after the requirement of consultation under Article
124(2) is fulfilled (AIR1975, Delhi 66). In short, the appointment was upheld by the
Delhi High Court and later, on the retirementof Chief Justice A, N. Ray (28.01.1977)
Mr. Justice M. H. Beg was appointed the Chief Justice insupersession of Mr. H. R.
Khanna, who tendered his resignation.
 Acting Chief Justice: When the office of the Chief Justice falls vacant or the Chief
Justice isunable to perform his duties, President may appoint any other Judge to act
as the Chief Justice.
 Qualification : A person shall not be qualified for appointed as the Judge of the
Supreme Courtunless he is (1) a citizen of India (2) has been a Judge of the High
Court for atleast five years or (3) hasbeen advocate in High Court for atleast ten years
or (4) is, in the opinion of the President of India, adistinguished Jurist So far the
practice has been to appoint Judges of the High Court, to the SupremeCourt except in
one case where a lawyer (Mr. S. M. Sikri) was appointed Judge of the Supreme Court.
Judges of the Supreme Court continue to hold office upto the age of 65 years. They
can of courseresign before that. The resignation letter is required to be addressed to
the President and is to be inJudge's own hand.
 Removal: The Constitution provides for the removal of Judge of the Supreme Court.
The Presidentis empowered to pass such an order after following a specific procedure
(i) A judge can be removed on theground of proved misbehavior or incapacity (ii)
Judges (inquiry) Act, 1968 provides how an address to bepresented to the Parliament
for the removal of Judge since the President can pass an order only if eachHouse of
Parliament approves the address with majority of the total membership of the House
and by themajority of not less than two-thirds of the members of that House present
and voting (iii) Notice of motionfor the removal of a Judge should be signed by atleast
100 members of the House of people or 50members of Council of States. The speaker
or the Chairman may then consult such persons as hethinks fit and consider such
material as may be available to him and then either admit the motion orrefuse to do
so. If the motion is admitted, Speaker or the Chairman shall keep the motion pending
andconstitute a committee for the purpose of making an investigation into the
grounds on which the removalof a Judge is proved for, consisting of three members: a
Judge of the Supreme Court, one of the ChiefJustice of a High Court and a
distinguished Jurist. The charges shall be communicated to the Judge andthe
Committee shall afford him a reasonable opportunity to defend himself. The
committee will thenmake a report giving their findings. If the finding is that no charge
has been proved, the parliament will nottake up the motion and the matter will close.
If on the other hand, the finding is that the charge has beenproved, then the matter
shall be taken up by the Parliament. If the motion is adopted by the both Houseswith
the required majority, the President will then pass the order of removal. So far no
judge has beenremoved .Only once there was a 'talk' of impreaching two judges after
the Supreme Court decision in theBank nationalisation cases.
A person who has been Judge of the Supreme Court is not permitted to plead for act in
any courtor before any authority within the territory of India. The Chief Justice is paid a
salary of Rs. 33,000 permensem and other Judges Rs 30,000 (The conditions of Service
Amendment Act passed by Parliamentin 1998) enhanced the salaries for the Judges of
Supreme Court. Every Judge is entitled to a rent freeofficial residence.
13.2.2 Jurisdiction
The Supreme Court of India exercises different kinds of Jurisdictions:
(1) Exclusive Original Jurisdiction: A Court has exclusive jurisdication when it has
authority tohear and determine a case which cannot be heard or determined by
another court. It has original jurisdictionwhen it hears the case in the first
instance. Exclusive original jurisdiction has been provided under Article131 which
is excercised in regard to the following matters:
(i) Between the Govt. of India and one or more States: or
(ii) Between the Govt. of India and any State or States on one side and one or more
otherStates on the other: or
(iii) Between two or more States.
In other words, whenever there is a dispute between two governments, the Supreme
Court hasthe exclusive jurisdiction to deal with it.
(2) Original Jurisdiction: Article 32 confers power on the Supreme Court to enforce
fundamentalrights. In fact, similar power is also given to High Courts under Art.
226. The aggrieved party has an optioneither to go to the Supreme Court or to the
High Court. If he decides to come to the Supreme Court and itis convinced of the
violation of Fundamental rights it can issue appropriate directions, or orders or
writsas the court deems fits.
(3) Appellate Jurisdiction: This is that Jurisdiction where the matter comes on
appeal beforethe court. Appellate Jurisdiction is (Articles 132-136) exercised in
regard to the following matters:
(a) Constitutional matters: In two ways, a matter can be brought on appeal
before the SupremeCourt: (i) if the High Court gives a certificate that the
case involves a substantial question of lawas to the interpretation of the
Constitution (ii) if the high court refuses the certificate. The SupremeCourt
may, if it is satisfied that the case involves a substantial question of law as
to the Interpretationof the Constitution grant special leave to appeal.
So it is clear that there is no scope for appeal unless some substantial
question of law as to theinterpretation of the Constitution is involved. The
word 'substantial' does not mean a question ofgeneral importance is raised
only where a new interpretation is suggested to provision of theconstitution.
(b) Civil matters: An appeal shall lie to the Supreme Court against any
judgement decree or finalorder in a civil proceedings of a High Court where
the Certificate is given by the High Courtcertifying (i) that the case involves a
substantial question of law of general importance: and(ii) that in the opinion
of the High Court the said question need to be decided by the
SupremeCourt.
(c) Criminal matters: There are two modes by which a criminal appeal from
any Judgement, finalorder or sentence in a criminal proceedings of a High
Court can be brought before the SupremeCourt (i) Without Certificate of the
High Court: a person can as matter of right make an appeal tothe Supreme
Court if the high court reverses the decision of acquittal of the accused
person andsentences him to death. If the Session Judge acquits the accused
of murder the Governmentmakes an appeal against the judgement of the
Sessions Judge to the High Court and the HighCourt sets aside the order of
acquittal and sentences accused to death, in such a situation, anappeal will
lie to the Supreme Court. Another situation where appeal will lie is if the
High Court haswithdrawn for trial before itself any case from any court
subordinate to its authority and has insuch trial convicted the accused
person and sentenced him to death (ii) With Certificate - if theHigh Court
gives a certificate the case is a fit one for appeal to the Supreme Court. This
Certificateis not granted as a mater of routine course. Thepower is exercised
after considering what difficultquestions of law or principles are involved
which require further consideration by the SupremeCourt.
(d) Appeal by Special Leave:Under Article 136, The Supreme Court has been
given a residuarypower that the Court in its discretion may grant special
leave to appeal from any judgement,decree, determination, sentence or order
in any case or matter passed by any court or tribunal inthe territory of
India.. It confers a wide direction on the Supreme Court to entertain appeal
insuitable cases not other wise provided for by the Constitution. The past
record shows that thesupreme Court has exercised this power in exceptional
cases where grave and substantialinjustice has been done by disregard to
the form of legal process or violation of the principles ofnatural justice or
otherwise. This provision is not applicable to the decision of a court or
tribunalconstituted under a law relating to armed forces.
(4) Power to Review Judgement: (Review Jurisdiction)
The Supreme Court has expressly been given the power to review its judgements. It is
exercisedon the basis of the following three grounds:
(a) Discovery of new and important matters of evidence;
(b) Mistake or error apparent on the face of the record, and
(c) Any other sufficient reason.
(5) Advisory Jurisdiction: The President may under Article 143 make a reference to
the SupremeCourt for Advisory opinion when it appears to him that
(i) A question of law or fact has arisen or is likely to arise; and
(ii) The question is of such a nature and of such public importance that it is
expedient to obtainthe opinion of the Supreme Court on it.
The Court may, after such hearing as it thinks fit, report to the President its opinion
thereon. It isnot binding on the Supreme Court that it must give its opinion. The Supreme
Court may refuse to expressitsif it is satisfied that it should not express its opinion having
regard to the nature of the questionsforwarded to it and having regard to other relevant
circumstances.
The U.S. Supreme Court and the Australian High Courts have refused to give advisory
opinion.The Canadian Supreme Court, on the other hand, rendered number of Advisory
opinion. The opiniondelivered by the Supreme Court in exercise of its Advisory Jurisdication,
though entitled to great respectis not binding on courts. The Opinion of the Supreme Court is
not 'law'and hence is not binding oncourts.
The practice of invoking advisory jurisdiction is not universally approved. A serious
objectionraised against it is that opinions are sought on hypothetical questions in the
absence of concrete factualsituations: without there being a real controversy in existence and
that it is inexpedient and inconvenientfor the court to express its opinion in the absence of
factual situation within which a rule is to operate. Onthe other hand, it can provide guidance
to the government on thequestion of its legal powers and maylead to prompt removal of any
cloud of uncertainty in the minds of the public regarding the validity of anylegislation of any
other government action. An advance and prompt judicial opinion regarding the validityof the
particular legislative measure may avoid many inconveniences which may otherwise arise by
itsbeing declared invalid later. M.P. Jain in his book 'Indian Constitutional Law' (1970 Ed. P.
170) has aptlysummed up the position to the following effect:
"It is advisable to vest advisory Jurisdiction in the highest court but it should be
invoked onlysparingly and not frequently and in those cases only where factual situations are
ripe or where legalissues are capable of being formulated precisely and of being considered by
the Court without much ofa factual data, and that political question should not be referred to
the court for advice".
Some of the references made to the Supreme Court are as given below:
(i) re the Delhi Law Act (AIR 1951, SC 332)
(ii) re Kerala Education Bill, 1957 (AIR 1951, SC 956)
(ii) re Berubari Union and Exchange of Enclaves (AIR 1960,80845)
(iv) re Sea Customs Act (AIR 1963, SC 1960)
(v) re powers, privileges,, immunities of State Legislature (AIR 1965 SC745)
(vi) re Presidential Poll (1074 SC 1682)
(vii) re to establish special courts to deal with cases of persons held guilty one to
excesses inemergency in 1978.
(viii) re bonus to be given to employees of insurance companies in 1981.
But on October 24, 1994 the Supreme Court unanimously refused to answer
thepresendentialreference on whether a Hindu Temple existed at the site of the demolished
structure in Ayodhy. The courtexpressed the view that the Ayodhya dispute had already
raised a religious storm and the dignity and honourof the apex court would be compromised
if it were to answer the single point reference, consequently thecourt ruled, "The special
reference made by the President is superfluous and unnecessary and doesnot need to be
answered. We decline to answer the reference and return the same."
All these situations raised questions of public importance and opinions rendered were
ofimmense help to the government in its functioning. The past experience bears testimony to
the fact thatthe power has been invoked sparingly.
Article 141 provides that the law declared by the Supreme Court shall be binding on
all courtswithin the territory of India. The expression "all courts" means courts other than
the Supreme Court. TheSupreme Court has held in a number of cases that it is not bound by
its own decisions and may reverseits previous decision. This is a positive construction or
otherwise if once a wrong view has been taken, itwill stand perpetuated. The Supreme Court
will review its earlier decision even though the decision hasheld the field for a considerably
long time, if it is satisfied of its error or the baneful effect which a decisionwould have on the
general interest of the public or if it is inconsistent with the legal philosophy of
ourconstitution.
The Supreme Court also has the power to make rules for regulating generally
thepractice andprocedure of the court. These rules are made with the approval of the
President. Besides this, the Parliamentcan by a law confer upon the Supreme Court
supplementary powers which are not inconsistent with theprovisions of the Constitution.
The Supreme Court is a court of record. Its decisions are recorded for future
references. It canalso punish persons responsible for its contempt.
All authorities in India, Civil and Judicial are required to act in aid of the Supreme
Court. Appointments of officers and servants of the Supreme Court are made by the Chief
Justice of India or by such other judge or office of the court as he may direct.
13.3 ROLE OF SUPREME COURT
If one looks at the five decades of Supreme Court's life one finds that the major task
has been theinterpretation of the Constitution. During this period, the Constitution has
undergone vital change throughShe Parliament and the Supreme Court. A brief result of it
will help us in appreciating and understandingthe rote and the relation of the Parliament and
the Supreme Court.
13.3.1 As the Interpreter of Constitution
In a system which is regulated by a written constitution, it is the constitution which is
supreme.Each arm of the state is to function within the framework of the constitution. The
Parliament is to legislate,the Executive to execute and the Judiciary to pass Judgement on
the 'activity' of the parliament and theexecutive, as to whether it has been in accordance with
the constitution or not. Another fundamentalaspect to be kept in mind is that the
Constitution has to undergo changes with the changes in time. Noone can disagree with
Edmund Burk's dictum, 'A Constitution without some means of change is withoutthe means
of its conservation." A constitution has to be an 'adaptable' document. A process
ofamendment for the Constitution is very essential. This process is provided through two
vehicles:The Parliament and the Judiciary,
The story of his process started with the First Amendment in the Constitution in 1951.
Thiswas challenged in Shankari Prasad's case (AIR 1951, SC 458), The question raised before
theSupreme Court was that Article 13 prohibits the enactment of a law which takes away or
abrogatesthe Fundamental Rights that the word 'law' includes even constitutional law,
therefore an amendmenthas to be scrutinized and judged on the ground whether it abridges
any of the Fundamental Right ornot. The Supreme Court rejected the argument and limited
the scope of Article 13 so as not to includewithin it a law amending the Constitution passed
under Art. 368. The same view was reiterated bySupreme Court in 1965 in Sajjan Singh's
case (AIR 1965, SC 845) when Seventeenth Amendment Act,1964 was challenged. Once
again this point was raised in Golak Nath's case (AIR 1967. SC 648). TheJudges heard this
case and the majority (6 to 5) took a different view from what earlier the Supreme Courthad
held. The majority view was that the word 'law' includes constitutional law andeven by
amending theconstituion, the fundamental rights cannot be abridged or curtailed. The
majority of the courts appeared tobe worried at the numerous amendments of the
Fundamental Rights which had taken place since 1950.It apprehended that if the parliament
had power to take away or abridge Fundamental Rights, a timemight come when these rights
are completely eroded and India would gradually pass under a totalitarianrule.
On the other hand the Parliament felt that this interpretation will hamper its
functioning as it will not be able tocarry out its social legislations. In 1969,14 major banks in
the country were nationalised byan ordinancewhich was later replaced by banking
companies (Acquisition and Transfer of undertakings)Act. This Act was challenged in R.C.
Copper's case (AIR 1970 SC 564). The Act was struck down asviolative of constitutional
provision on ground of (a) Art. 14 due to hostile discrimination against namedbanks in that
they were prohibited from carrying on banking business andalso in practice from carryingon
non-banking business and (b) Art. 3 (2) compensation must be just compensation and
method ofvaluation must be reasonable. Since in this case, the Act adopted irrelvant
principle by omitting importantitems. It was not reasonable. Then in 1970, the President by
an Executive Order under Article 366 (2),dereconginsed the whole institution of Rulers. This
order was challenged in Madhav Rao Scindia's case(AIR 1971 SC 530). The order was struck
down unconstitutional, for the President cannot by an ordereliminate the whole institution of
Rulers from the Constitution itself. It has the effect of amending theConstitution by an
executive order which the Constitution nowhere permits.
Because of this set back, the Parliament decided to amend the Constitution. By way of
24thamendment of 1971, it was expressly provided that Parliament has power to amend any
part of theConstitution including the provisions relating to Fundamental rights. This was
done by amending Article13 and 368 tomakeit clear that bar in Article 13 abridging or taking
away any of the Fundamental Rightsdoes not apply to constitutional amendments made
under Art. 368. Then through the 25th Amendment of1971, the word 'compensation' in
Article 31(2) was replaced with the word 'amount' so that no lawproviding for the compulsory
acquisition of property may be called in question in any court on theground that the amount
fixed or determined under such law is not adequate. It also added to Art. 31providing that a
law giving effect to the Directive Principles specified in Art. 39 (b) and (c) will not be voidon
the ground of contravention of Article 14,19,31 and that a law containing a declaration that
it is forgiving effect to these Directive Principles will not be open to judicial Scrutiny on the
ground that it does notgive effect to these Directive Principles, 26th amendment of 1971
abolished the institution of Rulers andPrivy Purses and extinguished all rights, liabilities and
obligations in respect of Privy purses.
All these amendments were questioned before the Supreme Court in Keshavanand
Bharti's Case(AIR 1973 SC 461). The Supreme Court held as follows:
(i) Golak Nath decision was overruled.
(ii) Article 368 does not enable Parliament to alter the basic structure or framework
of theConstitution.
(iii) 24th Amendment was held valid.
(iv) The following provisions of Sec. 3 of 25th Amendment was held invalid "and no
lawcontaining a declaration that it is for giving effects of such policy should be
called inquestion in any court on any ground that it does not give effect to such
policy.
The effect of this decision in nutshell is that the basic structure of the Constitution
cannot beeroded by any amendment of the Constitution but within this limitation the
Parliament is free to alter theConstitution and even can abridge the Fundamental Rights.
After this, the Supreme Court was moved for review of Bharati's Case. The full court
did sit tohear the arguments but the bench was dissolved by the Chief Justice on Nov.
12,1976 without hearingthe matter and without assigning reason.
Then came the election case (Indira Gandhi Vs Raj Narain (AIR 1975 SC 2299). In this
case,39th Amendment was challenged. It introduced a new Article 329 A CP 4 of the Article
excludes theJurisdiction of Courts over the election matters pertaining to the P.M. or to
Speaker ofthe House ofPeople. This C.P. was held by the Supreme Court as unconstitutional
as it was considered to be violativeof the basic structure of the Constitution. The clause
directly hits the principle of free and fair electionswhich is an essential requirement of
democracy which in turn is a part of the basic structure of theConstitution. The Judges did
adhere to the theory of basic structure.
The Parliament had done away even with thislimited limitations by the 42nd
Amendment, 1976,C.P. 4 to Art, 368 (added by the 42nd Amendment) provides that "no
Amendment, of this constitution'shall be called in question in any court on any ground". This
was dearly to exclude the Jurisdication of theCourts to go into the constitutionality of any
amendment of the Constitution on any ground whatsoever.However, now this has been
struck down by the Supreme Court in the Minerava Hills case (1980) and,therefore, the basic
structure of the constitution remains unamendable.
In any democracy, to preserve the Rule of Law, it is but necessary to appoint the
guardians. Thename of this guardian is Judiciary. Justice Douglus said that the real
function of the Judiciary is "to keepthe Chart of government current with the times, not
allowing it to become archaic or out of tune with theneeds of the day. To this, Chief Justice
Hidayatullah adds. "The main function of the Judiciary at least ofthe superior courts
composing it, is to control the other limbs of the government. This is done by keepingthe
legislature within the bonds of its Power granted by the people and the executive, within the
limits setby the Constitution and the laws made by the, legislature".
If democracies are to be effective, they must be backed by the independent judiciary,
The judiciary must see that the other organs of government conform to the constitution and
the laws, and obey themas citzens are expected to do.
Note: Also consult the lesson on "Constitutional Change in India.”Fundamental
Rights” and ‘Directive Principles
13.3.2 Guardian of the Fundamental Rights
The Supreme Court has also played a significant role as the guardian of fundamental
rights. TheSupreme Court shares with the High Court the jurisdiction to try all cases
involving Fundamental Rights.In other words, all cases where fundamental rights have been
infringed upon can go straight to theSupreme Court. It can issue various writs under Article
32 for the protection of rights such as HabeasCorpus, Mandamus, Prohibition, Quo warrant
andwrit of criteria. The Supreme Court has unequivocallyprotected the fundamental rights. It
can be rightly described as the champion of the fundamental rights.
The fundamental rights enshrined in our constitution are full of ambiguities and there
is hardly anyright which does not carry the clause of reasonable restrictions. That is to say
that on every right mentionedin the chapter on fundamental rights (Chapter III) reasonable
restrictions can be imposed. The SupremeCourt has brought within its purview the
reasonableness of such restrictions. So much so that by itsInterpretation it has done away
with the restrictions and dear and sound fundamental rights have emerged.
13.4 Power of Judicial Review
Like the Supreme Court of America, the Supreme Court of India has also the power of
JudicialReview. Judicial review means the power to review the laws by judiciary, i.e. the
court can judge thevalidity of laws and can declare them valid or invalid. The Supreme Court
of Britain, France and Switzerlanddo not enjoy the power of judicial review because in these
countries the supremacy of Parliament isestablished and the courts cannot declare the laws
made by Parliament as invalid on the basis thatthey are inconsistent with the constitution.
Although India also adopted the British Institutions but theprinciple of Parliamentary
sovereignty has not been accepted fully. The reason is that In India, federal form
ofgovernment has been established. In federal form, the constitution is the supreme law of
the land andSupreme Court is the Custodian of Constitution as well as its interpreter.
Hence, It is vested with thepower of judicial review. But the power is not as broad as that of
the Supreme Court of America. TheSupreme Court in America has the power to declare any
law unconsitutlonal on the ground of its notbeing in accordance with the "due process of law"
which can be Interpreted In any manner. While in Indiathe phrase "procedure established by
law" is used which means that the supreme court in India candeclare a law void if it is found
to have transgressed constitutional limitations. In other words, a law to bevalid must in all
cases be in conformity with the constitutional requirements. The Parliament and theState
legislatures in India are supreme in their respective legislative fields and courts have no
authority toquestion the wisdom or policy to the law duly made by them. Chief Justice Mehar
Chand Mahajanpronounced that the constitution gives a certain field of aption to the
parliament in which the SupremeCourt cannot interfere. Thus, in India neither the
Parliament is supreme nor the judiciary but constitution isthe supreme law of the land.
The power of judicial review is not clearly defined in any article of the constitution, but
it is impliedin various provisions of the constitution. Article 246, describes the legislative
powers of Union and States.'If the Parliamentorthe State Legislature transgress their powers,
the Supreme Court as the custodian ofconstitution can review their Acts, As a protector of
Fundamental Rights, the Supreme Court also enjoysthis power under Article 13 which
declares that every law inconsistent with fundamental rights shall bevoid. Supreme Court
can also exercise the power of judicial review while deciding the disputes betweenthe centre
and states or among state themselves in its original jurisdiction. Besides these
provisionswhile assuming their offices, the judges of Supreme Court take an oath to uphold
the constitution andlaws. Hence, it is their duty to uphold the constitution against attacks
from executive or legislature.
The Supreme Court has the power to review the laws enacted by parliament any by
Statelegislature, the constitutional amendments as well as the ordinances issued by union
executive orState Executive. But the Supreme Court cannot use this power by itself. It can
review the laws orordinances only when they are challenged in the Supreme Court by some
person or institution. TheSupreme Court has at various occasions exercised this power. It
declared the Bank Nationalisation Actof 1969 and Ordinance regarding Abolition of privileges
of Rulers, invalid in 1970. While protecting thefundamental rights, it declared even some of
the constitutional amendments as invalid on many occasionsand to overcome the difficulties
caused by its decision, government had to again amend the constitution.Such as in Golak
Nath Case (1967) while considering the validity of Seventh Amendment Act, it held
thatfundamental rights cannot be amended by Parliament. After such a judgement the
government could notenact any legislation which affected the fundamental rights. To
overcome this difficulty the governmentpassed 24th constitutional amendment Act (1971) by
which Parliament was vested clearly with the powerto amend the fundamental rights. As the
parliament got the power to amend the fundamental rights, itfurther amended the right to
property by 25th amendment and abolished the privy purses of Indian Rulersby 26th
amendment. But again the amending power of parliament was challenged in the Supreme
Courtin Keshva Nand Bharti case in 1973.
The Indian Supreme Court has used the power of judicial review to preserve the
fundamentalrights. But by the judgement in the Keshvanand Bharti Case (Constitutional
Amendment Case) itdecidedthat the Supreme Court shall use this power for preserving the
basic structure of the constitution, becausewhile giving to the Parliament the-power to
amend any part of the constitution, the Supreme Court has heldthat this power cannot be
used to destroy the basic structure of the constitution. This is to say thatwhether a certain
law or amendment destroys the fundamentals of the constitution or not is subject to
thereview by the Supreme Court.
In its historic judgement the Supreme Court has permitted the implementation of
Article 39(b) and(c) of Directive Principles of State Policy even against Art. 14,19 and 31 of
the constitution as providedin the 25th amendment. But whether a certain law is really
intended to give effect to the Directiveprinciples is with the purview of Supreme Court. That
is to say that the Supreme Court has permittedthe implementation of Directive Principles,
even against three fundamental rights (mentioned in theArt. 14,19 and 31) but the court has
to see to it that no government takes away the fundamental rightsin the garb of
implementation of Directive Principles. But 42nd amendment curtailed the powers of
judiciary through provisions which are as follows:
1) It gave primacy to Directive Principles.
2) It deprived courts of the power to look into the validity of a Constitutional
Amendment Act, for thisit added clause (4) to Article 368.
3) It laid down that the Supreme Court could look into the Constitutional validity of
Central law only(Art. 131A) and not of the state law unless there was some
conflict between the central and thestate laws (Art. 132A). It also laid down that
High Courts could look into the validity of only StateLaws (Art. 226A).
4) It provided that for looking into the constitutional validity of laws special benches
in SupremeCourt and High Courts would be formed. In case of Supreme Court it
would consists of 7 judgesand in case of High Court 5 judges and 2/3 majority
would be necessary to strike down the law. Ifthe total strength of, a High Court
was less than5, then the bench would consist of all judges anda decision by
unanimous vote was necessary to strike down the law.
5) It restricted the power to issue writs of the High Courts. The High Courts were
deprived thepower to issue writs "for any other purpose' under Article 226.
These provisions of the 42nd amendment were criticized severely; Janta Government
restoredthe powers of the Judiciary by 43rd and 44th amendments Acts. 43rd amendment
provided the SupremeCourt and the High Courts. The powers to look into the validity of any
law central or state as the courtsenjoyed before the 42nd amendment. It also abolished the
provisions of constituting special benches andthe special majority for constitutional cases. In
this matter also the original positionwas restored. 44thamendment restored the powers of
High Courts to issue writs, for any other purpose'. But the provisionsestablishing the
precedence of all the directive principles over the fundamental rights could not be
deleted.Moreover, the courts were not given the powers to review the Constitution Amended
Acts. But in MinervaMills case (May, 1980). Supreme Court struck down these two clauses of
the 42nd amendment, it hasheld that the parliament cannot amend the basic structure of
the constitution. Thus, the decision inKeshvanand Bharti case (constitutional amendment
case) 1973 has been restored by the SupremeCourt. The Supreme Court has held that all
amendments by which the ninth schedule was amendedfrom time to time before April
24,1973 (date of decision in Keshvanand Bharti case) were valid. But theamendments to
ninth schedule made after this date are open to challenge on the ground that some ofthem
destroy the basic structure of the constitution.
13.5 Supreme Court and Political Process: Judicial Activism
Besides its traditional defined role as Interpreter of Constitution and protector of
fundamentalrights, Supreme Court has played a crucial role in the political process of the
country. In the recent years(during the last decade) this role has been quite assertive
especially its role in Hawaia Cases concerningcorruption in high places which is termed as
'Judicial Activism'. The Supreme Court has tried to cleansethe political system which has
been rapidly deteriorating without accountability to the people, the realsovereigns of the
land, To many legal observers, however, the Supreme Court's assertive role in JainHawaia
Case was not the first instance of judicial activism. The first phase of Supreme Court's
activerole was after the declaration of internal emergency in the country. The Supreme Court
came up with thedevice of public-interest litigation, (PIL), a tool meant to ensure justice for
the underprivileged andmarginalized. During this period many PIL cases that were
entertained bySupreme Court were confinedto mainly the issues of human rights and the
environment. In the nineties, there have been many casesof judicial intervention, such as
fixing quotas and even fees for medical colleges, abolishing capitationfees for various
professional courses. But with increasing awareness of legal redress and the growth ofactivist
groups, the PIL movement started focusing on corruption in high places which involved
politicians, businessmen and bureaucrats working in alliance with each other. Several such
cases have beenentertained by the highest court in the recent past and the Jain Hawaia case
was one of them. Accordingto Supreme Court advocate R.K.Jain "the judges were always
responsive to corruption allegationsagainst political leaders. Its just that more such cases are
coming before them these days. The importantcases in this context are as follows:
Jain Hawaia case was filed by two journalists and two lawyers in October 1993. Not
muchheadway was made regarding the entries made in the Jain diaries which included the
names of seniorpoliticians of the country-(at least 115) who were alleged, to have received
pay-offs up to Rs. 65 crorefrom S.K.Jain, the Bhilai based industrialist. The diaries were
discovered during a sporadic "CBI raid onHawala operators in Delhi in 1991 from S.K.Jain's
employee, J.K.Jain. CBI which was probing the matterwas alleged to have been sitting in for
over two years. The Supreme Court's response was also slow fora year. It was in November,
1994 when a new bench headed by Justice J. S.Verma began castigating thegovernment and
its agencies for not following up the diary entries vigorously that the case began to
movefurther. The court made CBI Director Vijya Rama Rao personally responsible for the
Hawala proberequiring him to report periodically to the court. The Supreme Court virtually
dictated terms to the CBI, inthis case in other words telling the executive how to do its job. It
was the assertive role played bySupreme Court and especially by Justice J.S.Verma that in
early 1996 explosion charge sheets werefiled against ministers and senior politicians which
rocked the nation and the political establishment.Parliament remained paralysed for several
days as opposition demanded the Prime Minister P.V.NarsimhaRao should resign.
Supreme Court also played the same assertive role in Chandraswami case. On a PIL
filed bylawyer Anukul Pradhan, the Court stopped Chandraswami from going abroad to
October 1993. Thepetition was filed against the backdrop of the Union Minister Rajesh Pilot's
controversial letter asking theCBI to arrest Chandraswami in connection with the Bombay
blasts case, following Babloo Srivastava'sallegation that the god man had met mafia don
Dawood Ibrahim in Dubal. The petition also served to focusattention on the inaction of the
CBI and Enforcement Directorate in cases pending againstChandraswami for years including
the St. Kitts forgery case in which Prime Minister P.V.Narsimha Raofigured prominently.
Ultimately, Chandraswami and his associate Kailash Nath were arrested on May 2,1996 by
CBI officials in pursuant to a non-bailable warrant by CMM (Delhi) for cheating NRI
LakhubhaiPathak of one million American Dollars in 1983.The accused had been on ball
since February 17.1988 inthis case. Former Prime Minister NarasimhaRao was also issued
summons on June 9,1996 in thiscase under section 420 and 120(B) of IPC on an evidence
given by Pathak that he had given the saidmoney to Chandraswami on the assurance of
P.V.Narsimha Rao, then Union Foreign Minister that his'work would be done' (contract for a
supply of newsprint). Mr. Pathak had lodged a complaint at theIndian High Commission in
London in 1987. Commenting on the filling of this case an observation wasmade in an
editorial article in Tribune dated June 11,1996, 'the case would have never seen the light of
day but for the judicial activism of the apex court in making the CBI and other investigating
agenciesdirectly answerable to it."
Another act of judicial activism was pronounced on June 11,1996 in the Jharkhand
Mukti MorchaMPs pay off case when a two judges vacation bench of the Supreme Court
comprising Judges A.S.Anandand Majumdar upheld the Delhi High Court order asking the
CBI to file a fresh F.I.R in the bribery caserelating to fourJMM MPs (Suraj Mandal, Shibu
Soren, Shalindra Mahatoand Simon Marandi) of the 10 thLok Sabha (the complaint was that
Rs. 1.10 crore was given to the four JMM,MPs to save Rao's,government on July'28,1993 for
the vote of confidence). The Supreme Court's dismissal of the CBI'sspecial leave petition
stating that "at this stage we find no need to intervene" was a bold step dictating"terms to
CBI to mention all the names referred to in a complaint filed as PIL before Delhi High
Court.Among the names, which figured were former PM Narasimha Rao, Congress leader,
V.C.ShukIa, SatishSharma, Ajit Singh and Bhajan Lal and industrialist'Lalit Suri. In yet
another case of large scalecorruption in the allotment of subsidized housing in Delhi to
Government employees Supreme Courtintervened. Eviction notices were served to 72 VIPs
and the then Urban Development Minister SheelaKaul was dropped from the Cabinet.
In yet another Income Tax PIL case filed by consumer rights activist H.D.Shourie, the
Supremeboded all the political parties to fulfill their statutory requirement to maintain
audited accounts and file annual returns disclosing the quantum and sources of income. If
they do not respond to thecourt's order, they run the risk of getting their properties attached,
or worse, being barred fromcontesting elections. All these cases are expected to have a
bearing on the political process. Thefanner Secretary General of Lok Sabha Subhash
Kashyap says, "The income tax case againstpolitical parties will ensure that the question of
accountability is not confined to individuals beingprosecuted in connection with the Hawala
case. Thanks to the Supreme Court's actions even thosewho never thought about the sources
of political funds will now start questioning". By subjecting thepolitical process to a judicial
scrutiny more intense than ever before, the Supreme Court in the process,has also begun to
get a fresh agenda for political reform. A noted social worker Anna Hazarre says"This will be
an important step in cleansing the system and ultimately forcing the unholy trinity
ofpoliticians, businessmen and bureaucrats to be more transparent and display greater
accountability intheir decisions and dealings.
But on the other hand some legal experts say that the judiciary cannot forever bear
the burden ofsystemic inadequacy i.e. the lack of autonomous investigating agencies. The
various PIL corruptioncases highlight the urgent need to correct the systemic flaw. As long as
the investigating agencies likethe CBI remain government controlled, the Supreme Court may
have to intervene to give legitimacy tothe Indian polity and the world's democracy. However,
the United Front government intended to limit thisjudicial activism (PIL cases) through
legislation or by adding a new chapter to the Civil Procedure Codewhich would define
admissibility (parameters) of PIL cases. This has not been possible because ofopposition from
left and BJP. In June 1996, the government was seriously considering to introducesuch a
bill. The government views that the judiciary has transgressed from its traditional role. But
theSupreme Court continues to actively participate in the political process. It has heard
several PIL casesand has given valuable directions. Recently (Sept. 12, 2003) the Chief
Justice of India V. N. Kharereminded the Narendra Modi Government of Gujarat of its "Raj
Dharama" in Best Bakery Kand Caseand directed the Government to punish the guilty and
do justice to the riot victims or it should quit. In yetanother historic judgement (Sept.
16,2003) the Supreme Court told the Union Government that it couldnot sell BPCL and
HPCL (Oil Undertakings) without the approval of Parliament thus paralysing thegovernment's

1. What is Judicial Activism?
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2. Define Judicial Review.
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policy of disinvestment.
13.6 STATE JUDICIARY (HIGH COURTS)
The Constitution provides for the establishment of High Court in all the States. The
Parliament,by law, may establish a common High Court for two or more. The Parliament can
extend the jurisdictionof a High Court to a Union Territory or exclude such jurisdiction. For
example, the states of Punjab andHaryana and Assam and Meghalaya etc. have a common
High Court. The jurisdiction of the Punjab andHaryana High Court is also extended to
Chandigarh.
13.6.1 Composition ,
Every High Court shall consist of a Chief Justice and such other judges as the
President may,from time to time, deem it, necessary to appoint. Besides, the President can
appoint additional andacting judges. According to Article 224 of the Constitution of India "If
by reason of any temporaryincrease in the business of a High Court or by reason of arrears of
work therein, it appears to thePresident that the number of the judges of the court should be
for the time being increased, the Presidentmay appoint duly qualified persons to be
additional judges of the court for such period, not exceeding twoyears, as he may specify.
When any judge of a High Court other than the Chief Justice, is by reason ofabsence or of
any other reason, unable to perform the duties of his office then an acting judge isappointed
to act as a judge of that court until the permanent judge has resumed his duties. No
personappointed as an additional or an acting judge of a High Court shall hold office after
attaining the age ofsixty-two years.
Appointment
The Chief Justice and other judges are appointed by the President in consultation with
ChiefJustice of Supreme Court. In case of the appointment of a judge other than the Chief
Justice, the Chief- Justice of the High Court concerned must also be consulted. When the
office of Chief Justice of a HighCourt falls vacant or when the Chief Justice by reason of
absence or otherwise is unable to perform theduties of his office, the President can ask any
other judge to act as the Chief Justice till the actualincumbent does not resume his office.
Qualification
A person to be appointed as Judge of the High Court must possess the following
qualifications:
1) He must be a citizen of India.
2) He must have held a judicial office of India for at least ten years: or
3) He should be an advocate of one or more High Courts for at least ten years.
42nd amendment added another qualification for High Court Judges, "In the opinion of
thePresident, a person is distinguished jurist. But this was deleted by 44th Amendment Act.
Conditions of Service
Salary and Allowances of the Judges: The Chief Justice gets a salary of Rs. Thirty
Thousandand other judges Rs. Twenty Six Thousand per menssum (according to the law
passed in 1998). Theyare entitled tb such allowances and privileges in respect of leave and
pension as Parliament mayfrom time to time determine. Salaries and other allowances of the
judges cannot be altered to theirdisadvantage during the course of their service except in
case of financial emergency. These arecharged on the Consolidated Fund of the States and
hence they are not votable by the legislature of theState concerned.
Tenure: A judge of the High Court shall hold office till he attains the age of 62 years.
Everyjudge, permanent, additional of acting, may vacate his office in one of the following
ways:
a) A judge may resign his office.
b) A judge of a High Court may be appointed a judge of the Supreme Court or
transferred to anyother High Court by the President.
c) He can be removed from service by the President after an address has been
presented to him byeach House of the Parliament for hisremoval. Such an
address must be passed by majority ofthe total membership of each House and
by a majority of not less than two thirds of the memberspresent and voting.
Transfer: A judge of a High Court can be transferred by the President from one High
Court toanother with the consultation of the Chief Justice of India.
Oath: A judge of High Court before assuming his office takes an oath to uphold the
sovereigntyand integrity of India and perform the duties of his office without fear or favour,
affection or ill-will anduphold the constitution and the laws.
Restrictions after Retirement: A judge after he retires from the High Court, cannot
appear asadvocate before any court in India except the Supreme Court and the High Court
other than that of whichtoe had been a judge.
13.6.2 JURISDICTION OF THE HIGH COURT
Territorial Jurisdiction: The jurisdiction of a High Court is the same as the
geographical area ofthe State. But Parliament, by law, can extend its jurisdiction, for example
Parliament, by law, did extendthe jurisdiction of the Punjab High Court to Haryana and also
to the Union Territory of Chandigarh.
Ordinary Jurisdiction: The Constitution does not specify the jurisdiction of the High
Court ashas been done in case of the Supreme Court. They are to have the jurisdiction which
they wereexercising before the commencement of the Constitution. There has been an
improvement. Therestrictions relating to the revenue matters which were existing before the
commencement of theConstitution have been removed.
Original Jurisdiction: Formerly the High Courts of the three Presidency towns of
Calcutta,Bombay and Madras, possessed an original jurisdiction in almost every civil and
criminal matters. All civilcases exceeding rupees one hundred could be referred to them. But
now the legislatures of Statesconcerned have divested them of their original jurisdiction in
petty cases. The cases involving property ofa higher value still come up before them in their
original form. The original criminal jurisdiction of the HighCourts has, however, been
completely taken away by the criminal procedure code, 1973.
The rest of the High Courts possess original jurisdiction in matters of admiralty,
probate, matrimony and contempt of court cases.
Besides these, Constitution confers four more powers on the High Court.
(1) Issue of certain writs for safe guarding the Fundamental Rights.
(2) Power of Superintendence over all lower courts of the State.
(3) Transfer of certain cases to High Court. ,
(4) Appointment of officers and servants of the High Courts.
1. Issues of Certain Works
Previously the right to issue writs in the form of Habeas Corpus,Mandamus,
Prohibition and QuoWarranto was vested in the High Courts of Bombay, Calcutta and
Madras only but now, this power hasbeen given to every High Court. These writs are issued
for the enforcement of the Fundamental Rightsand for any other purpose under Article 226
to any authority or person or the government within itsterritorial jurisdiction. The Supreme
Court can issue writs only for enforcement of Fundamental Rights.
1. Habeas "corpus is a writ to the effect that a detained person be physically
produced beforea court of law.
2. Mandamus is used for enforcing the performance of a public duty by a
government official.
3. Prohibition is used for the purpose of preventing an inferior court for exceeding
its jurisdiction.
4. Quo Warranto is a writ issued with a view to restraining a person from acting in a
publicoffice to which he is not entitled.
5. Certiorari is a writ which orders the transfer of a suit from an inferior court to a
superiorcourt. This is done when an inferior court is hearing the case beyond its
jurisdiction.
The Supreme Court in A.T.K. DasuliarV/s M.V. Potti (AIR i56, p. 256) has beautifully
explainedthe role of these writs. "The jurisdiction under Article 226 exercised by the Hight
Court inorder to protectand safeguarded the rights of citizen and whenever the High Court
finds, that any person within its territories is guilty of doing an act which is not authorized
by law or is violative of fundamental Rights of theCitizens, it exercises that Jurisdiction in
order to vindicate the rights of the citizens, it can redress hisgrievances and the only
conditions of its exercises, of that jurisdiction are:
(1) "The power is to be exercised throughout the territories in relation to which it
exercisesjurisdication; that is to say, the writs issued by the Court don't run
beyond the territoriessubject to its jurisdiction".
(2) The person or authority to whom the High Court is empowered to issue such
writs mustbe within those territories which clearly implies that they must be
amenable to its jurisdictioneither by residence or by location within territories.
2. Power of Superintendence over all courts by the High Courts
1) According to Art. 227, every High court shall have superintendence over all courts
throughoutterritories in relation to which it exercises Jurisdiction.
2) The High Court can call for return of the progress of such courts.
3) The High Court can make and issue general rules and prescribe forms for
regulating thepractice and proceedings of such courts.
4) The High Court may prescribe forms in which book entries and accounts shall be
kept bythe officers of any such courts.
5) The High courts may also settle tables of fees to be allowed to the sheriff and all
clerksand officers of such courts and to attorneys, advocates and pleaders
practising therein.
6) These provisions, under Art. 227would not apply to any court created by or under
any lawrelating to Armed forces.
3. Transfer of certain cases to High Courts
Article 228 states that if the High Court is satisfied that a case pending in a court,
subordinate toit involves a substantial question of law, or interpretation of the constitution,
determination of which isnecessary for the disposal of the case, it shall withdraw the case,
and may:
a) Eitherdisposes of the case itself,
b) Determine the said question of law and return the case to the court from which
the casehas been so withdrawn together with a copy of its judgment on such
question and the saidcourt shall on receipt thereof proceed to dispose of the
case in conformity with that judgment.
Appointment of Officers and Servants of the HighCourt: Article 229 of the
constitutionempowers the chief justice of the High Court or other judges or officers directed
by him to appoint officersand servants of High Court.
The Governor of the state may, after consultation with the State Public Service
Commission,debar that in certain cases no person, not already attached to the High Court
shall be appointed.
The conditions of service of officers and servants of a High Court are to be determined
by rules tobe made by the Chief Justice or by some other judge or officer authorized by him.
The rules regardingsalaries, allowances, leave or pension require the approval of the
Governor of the State and the Presidentif the principal seat of the High Court is a Union
Territory.
Appellate Jurisdiction: The appellate jurisdiction of the High Court extends to both
civil andcriminal cases:
Civil Cases: It can be a first appeal or a second appeal. First appeal is against the
decision ofdistrict court and of subordinate judges, in case of higher value. This lies directly
before the High Court on question of fact as well as of law.
When a court subordinate to the High Court decides an appeal from the decision of an
inferiorcourt, second appeal lies to the High Court from the decision of an inferior court.
Such an appeal is madeon questions of law and procedure and not on questions of fact.
The appeal can also be from the decision of a single judge of a High Court itself
whether suchjudge made the judgement in the exercise of its original or appellate
jurisdiction.
Criminal Cases: The criminal appellate jurisdiction of the High Court lies in appeals
from thedecision of:
I. A Session Judge or an Additional Session Judge, where the sentence is of
imprisonmentexceeding 7 years. If the Session Judge has given death sentence, it
must be certified bythe High Court.
II. An assistant Session Judge, Metropolitan magistrate or other judicial Magistrates
in certainSpecified cases other than'Petty'cases.
As a Court of Record: Like the Supreme Court, it is also a Court of Record. This has
a two foldsignificance:
1) Its decisions and proceedings are quoted as precedents.
2) It can punish for contempt.
Control of the Union over High Courts: Although High Courts stand at the head of
the statejudiciary, It is not absolutely free from the control of the Union as is the Highest
Court of an AmericanState (called the state Supreme Court). The reason is that India
established an integrated judicialsystem. Supreme Court can hear appeals against High
Courts in constitutional as well as civil andcriminal matters. The Constitution has placed the
High Courts under the control of the Union incertain important matters, in order to keep
them outside the range of 'provincial polities'. The control ofthe union over a High Court is
exercised in the following matters.
(a) The Union exercises control in the matter of appointment (Art. 217), transfer
from oneHigh Court to another (Art. 222) and removal (Art. 217 (i). Pro. (b) of
judges of High Courts.
(b) The constitution and organisation of high Courts and the power to establish a
commonHigh Court for two or more states and to extend its jurisdiction to a
union territory or toexclude its jurisdiction from a Union Territory are all
exclusive powers of the union Parliament.
Besides this control, certain provisions were introduced into the original constitution
by amendmentswhich affect the independence of High Court Judges as compared to
Supreme Court Judges. Such an Article224 was introduced by substitution in 1956, to
provide for the appointment of additional judges to meet anytemporary increase in the
business of High Court'. An additional Judge so appointed holds office for twoyears, but he
may be made permanent at the end of his term. This provision keeps an additional judge on
probation and it leaves to the pleasure of Chief Justice as well as the Government whether he
would getthe appointment at the end of two years. No such provision exists with regard to
Supreme Courtjudges. Similarly, Clause (3) was inserted in Article 217 by 15th Amendment,
1963, giving the President inconsultation with the Chief Justice of India, the final power to
determine the age of a High Court Judge. If any question is raised by someone in that
behalf. By the same amendment clause (2A) was inserted inArt, 124, laying down that a
similar question as to the age of a Supreme Court judge shall be determined insuch manner
as Parliament may by law provide. Thus a High Court Judge's position has become notonly
inferior to that of a Supreme Court Judge but even to that of a subordinate Judicial officer,
becauseany administrative determination of the latter's age is open to challenge in a court of
law, but inthe caseof a High Court Judge, it’s made final by the constitution itself.
13.7 Summary
India has a unified judicial system with Supreme Court at the apex and High Courts
below it inhierarchial order. Supreme Court is the highest judicial authority in India. Its
decisions are binding on allCivil and Judicial Authorities in India. Being a federal State,
Supreme Court is the arbiter to settle disputesbetween Centre and States and amongst
states. It has the original jurisdication along with High Courts toenforce fundamental Rights.
It can also hear appeals in constitutional, civil and criminal cases where thequestion involves
the interpretation of law or the constitution. It has advisory jurisdiction also. It alsoenjoys
the power of judicial review but within the constitutional limits. It can declare any law invalid
if it isagainst the "procedure established by law". The Supreme Court has used the power of
judicial review toprotect the fundamental rights but by the judgement in Keshvanand Bharti
case it decided that it shall usethis power to protect the basic structure of the constitution.
Besides the traditional role of interpreter ofconstitution and guardian of fundamental rights,
the Supreme Court has actively participated in the politicalprocess of the country by hearing
cases of public interest under the device of Public Interest litigation(PIL). These cases have
been dealing with corruption in high places, issues of Human Rights, Protectionof
environment, fixing of quotas and fees in professional colleges etc.
The High Courts stand at the head of state judiciary but the Union exercises control In
the matterof appointment, transfer and removal of judges of High Courts.'Supreme Courts
can also hear appealsagainst High Courts in constitutional, civil and criminal cases. But
High Courts have been given the originaljurisdiction to enforce fundamental rights along with
Supreme Court of India.
13.8 References
1. India Today, February 15,1996, pp. 162-165, March 15, 1996, pp 108-122.
2. India Today, February 15,1996,p.l65
3. India Today, March 15,1996, p. 108.
4.
1. Baxi, Upendra, the Indian Supreme Court and Politics, Eastern Book Company,
Delhi, 1980.
2. Baxi, Upendra, The Crisis of Indian legal system, ICSSR & Vikas, Delhi, 1982.
1. Discuss the role of Supreme Court as interpreter of the Constitution.
2. Write a note on "Judicial Activism".
--0—
Lesson-14
ELECTION COMMISSION AND ELECTORAL REFORMS
Structure
14.0 Objectives
14.1 Introduction
14.2 Nature of Elections
14.3 Voting Behaviour
14.3.1 Studies on Voting Behaviour
14.3.2 Genesis .
14.3.3 Classification ,
14.3.4 Determinants
14.5 Role of Election Commission
14.4.1 Functions
14.4.2 Working
14.5 Summary
14.6 References
14.0 Objectives
This lesson explains the nature of elections and voting behaviour and the role of
ElectionCommission. After going through this lesson you will be able to:
 Understand the nature of elections in India, »
 Discuss the determinants of voting behaviour, and
 Evaluate the role of Election Commission, in conducting free and fair elections,
14.1 Introduction
Elctionsare an inseparable part of democracy", said Jawahar Lal Nehru. Elections
based onuniversal adult franchise with the provision of secret ballot, are considered to be
essential to the working of any modern democracy, particularly of the liberal western type,
Indian has the distinction ofbeing the world's largest democracy in this sense of term. As all
of you know, the Constitution of Indiahas specially provided for an independent Election
Commission for conducting free and fair elections.The Commission, headed by a Chief
Election Commissioner, who is accountable only to the Presidentof India, has been charged
with the responsibility to ensuring peaceful elections in such a vast countryas India where
the electorate was as large as 173 million at the time of the First General Elections in1952.
The number of eligible voters has increased tremendously with the increase in the size of
thetotal population of the country. Their number in 1984 had risen to almost double i.e. it
increased from173 million to 389 million (excluding Assam). In 1989 Elections the country
had the world's largestelectorate of about 500 (498, 906, 429) million. There wasan increase
of about 27.77 percent out ofwhich 7.71 percent was due to lowering of voting age from 21
years to 18 years. In 1991 the electoratehad risen to 514,126,380 (excluding J&K) and in
1996 General election the figure was 591,502,425, theworld's largest electorate of the largest
democracy. In 1999 elections the figure rose to 62,04 crores.
14.2 Nature of Elections
The nature of elections has changed in various respects since the First General
Elections of1952 these changes can be reviewed in matters of nature of voters, voter's turn
out, participation ofvoters in the electoral process, the voting determinants and the issues
which we raised duringelections, the electoral performance of political parties, the emergence
of regional parties, and theincreasing competitiveness electoral process.
There has also been a sea change in the nature of voters in the sense that a large
number ofthem are now those who were born in independent India. Besides this, the impact
of literacy andsocio-economic uplift has also tended to change the psychology and cultural
values of the general electorate.Similarly the urbanisation has led to the growth of many
urban and metropolitan centres. Thisphenomenon of urbanisation has in turn resulted in
greater mobility and change in the cultural ethos ofthe population. All these changes, put
together, have great impact on the behaviour of voters in an opendemocracy.
Before we move further, let us note at least one change that has taken place in the
arena ofpolitics in India. As a result of increased awareness and socialisation in a democratic
system, thevoter's turn out in various elections has almost steadily, goneup. For example it
was merely 45.7% in1952. It increased to 55.4% in 1962 and further'to 61.3% in 1967.
However, this process of increasedparticipation of voters received at jolt in the 1971
Parliamentary elections (only Parliamentary elections were held in 1971 and the elections to
various State assemblies were held in 1972. This was for thefirst time in independent India
that the elections were delinked and since then this has occurred manytimes). The turn out
at the elections in 1971 was only 55.3%. It was much less than the previouselections (1967)
when the turn out was highest in the past two decades, it being 61.3%. However, therewas
again a general rise in the polling, as we moved from Fifth to Sixth General Elections. While
thetotal polling in 1971 was as low as 55.3 percent in 1977 it was once again as high as
60.54 percent andin the 1984 Lok Sabha Poll 63.06 percent voted. In 1989 the turnout was
61.9% and in 1996 56.72%. In1999 elections the polling percentage was 59.7%.
The issue of increased participation of voters in elections brings us to another point,
i.e. thenature of these elections. Looking in retrospect, the last six elections have been
unscheduled andcritical election in the sense that all the six General elections (1971), 1980,
1984, 1989, & 1991 weredeclared before the scheduled date and proved to be very critical
and crucial in nature. However, thereasons for being crucial varied from election to election.
In 1971, it was the economic policies of theGovernment that made the elections crucial. The
Congress had clearly opted from the left of the centreapproach on various socio-economic
policies and Mrs. Gandhi came to be identified more with the leftthan with the right. As a
result of this dichotomy within the Congress the Group led by Mrs. Gandhi(Congress R
Requisitionist) was pitted among others, against its own splinter group, the Congress (O)
(organisation). In other words the Fifth General elections were first to be held after a clear
split in thepost-independence Congress party.
As against in 1971 elections when survival of the Congress and its proclaimed
socialisticpolicies were the issues in 1977. It was the life of thevery democratic system which
was said to be themain issue of the elections in the country. The electors which were
declared after a 19 monthemergency-era aroused unprecedented enthusiasm among
theelectors who had perhaps lost the hopeof exercising franchise in the immediate future
after the ban on many political activities during theemergency. The elections proved crucial
when for the first time Mrs. Gandhi and her party were pushed out of power at the Centre,
and the Party was clearly swept away by the Janata and its allies in theNorth. Unlike the
Fourth General elections, when the Congress party had barely managed to survive atthe
Centre, in 1977 elections the Janata had got a clear majority in the Lok Sabha.
The 1980 elections were declared in an utter state of confusions, when'unlike other
occasionstheelections were in a dilemma about the choice of their vote. The fact that the.
Congress (I) once again emerged victorious with an overwhelming majority, does not believe
the fact that the voters hadexpressed much indifference and disgustment with the party
system itself before they actually went tothe polling booths. This was for the first time that
the interval between the dissolution of the Lok Sabhaand the date of polling was as big as
nearly five months. Besides this, for the first time the country wasbeing ruled by a care taker
Prime Minister (Charan Singh) who had never proved his majority in thehouse. The elections
held in 1984 were crucial as the then Prime Minister Mrs. Gandhi wasassassinated two
months before the elections and it was a challenge for the Congress. Thefactionalism within
the Congress (I) and the emergence of Janata dal on the pattern of Janata party of1977 made
in the 1980 elections crucial. The failure of the Janata Dal and the assassination of
RajivGandhi, a few days before the 1991 elections made the 10th General Elections (1991)
critical.
The elections in India are conspicuous by the growth of various national and State
level politicalparties. As all of us know, there have been a number of small and big political
parties, some of whichcame into existence only on the eve of General elections and wither
away with the election fever. Forexample, in 1967 there were as many as 16 State parties.
Their number had risen to 18 in 1977. It wasonly at the time of the Third General elections
(1962) that their number was merely seven (By stateparties, we mean only those States
Parties which had been recognised by the Election Commission forsymbol purpose.) Many of
these political parties have remained confined to the particular states only(those State Parties
which had been recognised by the Election Commission for symbol purposes). Inthe 1998
Lok Sabha Poll, there were 7 National parties and forty state & regional parties.
Thisphenomenon of multiple party systems has sometimes merely led to vote splitting the
elections. It maybe important to note here that on most occasions the Congress could
manage majority (in terms ofseats in the Lok Sabha) without getting even half of total valid
votes. This was possible because ofvote-splitting when too many opposition candidates were
pitted against one Congress candidate. Attimes the latter got lesser votes in comparison to
the combined votes polled by all the oppositioncandidates, the following table shows how the
Congress could manage a majority in terms of seatswithout getting a majority in terms of
vote.
TABLE
PARTY 1952 1957 1962 1967 1971

% of % of % of % of % of % of % of % of % of % of
seats votes seats votes seats votes seats votes seats votes
* Congress 74.4 45.0 75.1 47.8 73.1 46.0 54.4 40.7 67.9 43.7
CPI 3.3 3.3 5.4 8.9 5.9 9.9 4.4 5.2 4.4 4.7
Jana Sangh 0.6 3.1 0.8 5.9 8 6.4 6.7 9.4 4.2 7.3
The elections in India have been conducted, by and large, in a fair and free manner. It
goes tothe credit of Indian democratic system that despite all odds and constraints, the
electorate hasexercised its right of franchise in an uncontrolled manner. It may be mentioned
that each time theelections are declared the opposition parties show their apprehension
about the fair conduct ofelections and each time after the conduct of polls, there are frequent
complaints of poll rigging andbooth capturing. Even the ruling party has at times joined the
opposition in claiming that the latter hasrigged the polls. Whether there is any truth in these
allegations or not, all these complaints and counter-complaints apart, in general the
opposition and the ruling party, both have accepted the legitimacy ofthe electoral system in
India. Both have expressed confidence in the Election Commission of India. Theelections in
India, in the true spiritof democracy, have been instrumental in allowing a peaceful
changeover of Govts, The Sixth and Seventh General elections in particular, marvelously
showed the capacityof the average Indian voter to change the Government at the Centre in a
most peaceful andconstitutional manner. In the absence of a free poll the alternative would
have been violence andresulting chaos. All this should not, however, give the impression that
there has been no violence inelections, and that elections have always been free and fair.
Contrary to this, as mentioned earlier,there were occasions, when polling booths were
captured by rival groups and elections were rigged.This has been a frequent phenomenon in
Bihar where many times the polling had to be stopped andrepolls ordered. The Chief Election
Commissioner S.L. Shakhdher had ordered a repoll in the GarhwalParliamentary
Constituency (1980) in Uttar Pradesh; In this case, of course, the reason for repoll asgiven by
the Election Commission, was mainly the deployment of police from outside the State of
UttarPradesh, without the prior consent of the Chief Election Commissioner of India. Besides
this case therehave been numerous occasions when petitions have been filed in the courts to
challenge the election ofvarious candidates, on grounds of misuse of government machinery
in election, or on other charges ofcorrupt practices during the elections. One such most
important case was the one where the AllahabadHigh Court (1975) had cancelled the election
of the Prime Minister from the Rai Bareilly Constituency inUttar Pradesh.
Besides the allegations of mal-practices, there have been cases of violence, more so in
the'recent years. Many times the workers of one or the other party have been kidnapped
intimidated oreven killed during the campaigning. The General elections held in January
1980, were termed by some"scholars as the bloodiest elections. According to one estimate 52
persons (including some candidates)were killed and nearly 350 other injured in various
clashes between the workers of different parties onthe eve of the Seventh Lok Sabha
elections. The cases of violence have increased during the 1989'and 1991 elections. In the
1989 elections more than 100 persons were killed. Many top ranking leaderswere attacked.
In Gujarat one of the cabinet ministers was killed. Rigging & Booth capturing was alsoon
large sate. The election commission had to order repoll in 1670 booths. In 1991 elections the
poll-related violence has been of a magnitude never witnessed before since the first general
elections in1952, both in terms of number of lives lost and the stock and grief generated by
it. The first round of the elections spread over nine: states and four Union Territories on May
20, was marked by unprecedentedviolence claiming at least 200 lives, communal clashes,
bomb explosions, firing and booth capturingtook place mainly in Uttar Pradesh, Bihar and
Andhra Pradesh, The brutal assassination of RajivGandhi on May 21 shook the entire
country. During the second phase of elections about 50 personswere killed and more than
100 injured. Repelling in 800 booths was ordered by the electionscommissions on the first
day of polling. The Chief Election Commissioner T.N. Seshan was committedto remove the
malpractices associated with elections. He introduced the system of voters "Identitycards as
necessary for voting." The money spent on election is also being checked and a code
ofconduct for theparties tobe folIowedstrictly.
LOK SABHA ELECTIONS 1996, 1998& 1999
The 1996 electrons proved to be critical in Indian Parliamentary history. It has shown
some newtrends in Indian politics. The Centre for the study of developing Societies (CSDS)
New Delhi:conducted a nationwide opinion poll before the elections and exit poll on all the
three days of polling-April 27, May 2 and May 7. A total of 17,604 voters were interviewed
during the exit poll outside thepolling booths as they emerged after casting their ballots. They
were asked whom they voted for (withthe help of the secret ballot method), their opinion and
about their social background. The survey wasearned out in 121 Lok Sabha constituencies
spread across 20 states and union territories. The fieldresearch was supervised by a team of
social scientists and was co-ordinated by V.P. Singh andYogendra Yadav of CSDS. Yogendra
Yadav reports on the findings of the exitpoll (India Today, May 31,1996) as well as the
analysis of the poll results. According to this analysis "the 11th Lok Sabha saw theedipse of
National Constituency syndrome which had emerged in the past two decades. Gone are
thedays when the entire country was like a single constituency which spoke inone or at the
most twovoices to generate the nationwide electoral waves of the 70s and 80s, the
reconfiguration of Indianpolicies in the last decade has shifted the effective arena of electoral
configuration to the states. For anoverwhelming majority of underprivileged voters, the Lok
Sabha elections have become no more thancountry wide state level elections. "The electoral
verdict at national level was not clear but at the statelevel except in Rajasthan, Bihar and to
an extent in Andhrara Pradesh it was clear although favouringdifferent political parties in
different states thus producing a mixed outcome at the national level. Theabove said report
says, "this election is a snapshot of Indian democracy caught in the middle of afundamental
transition.”
Themain feature of the 1956 electoral mandate was a massive swing against the
dominantnational party congress (1) which pushed it below the critical level. Its vote share
had fallen not only toitslowestever butalsoto below the critical 30 percent mark.
Another pointto benotedabout the 1996 elections was that the classic example of the
perverserelationship between votes and seats in our electoral system. The BJP added 40
seats to its credit than1991 elections without having increased its allIndia vote share. Its vote
share was 8 percent less thanits rival Congress (I) but seat share was more making it the
largest party this time. However the reasonfor phenomenon can be explained by saying that
the BJP's support was concentrated in specific areasand in those areas it had a higher votes
share (36 percent) than the Congress (I) (23 percent).
The election analysis furthershows that the NF-LFs seat share had remained same as
it was inthe last elections although there had been fall in its vote share. Its gain in the South
mainly inKarnataka could not make up for its loss in the East mainly in Bihar. The social
constituency of NF-LFexpanded but its political capacity for turning its support into actual
votes had not increased.
The real gainer of the decline of the Congress (I) was neither the BJP northe NF-LF but
the other parties which included BSP, major state parties and other smaller formations.
The 1998 midterm poll to Lok Sabha which was necessitated because of withdrawal of
supportto the united front Government by congress was not very different from 1996
elections. It also resultedinto a 'Hung Lok Sabha, with no single national party having
absolute majority BJP again emerged asthe largest group with an improved position (161
seats to 178seats) this time but B.J.P. alliance had notthe clear majority. The result was that
after about a year B.J.P. government lost by one vote.
The onevote defeat ofAtalBihari Vajpayee government in 1999 led to another midterm
poll inthe country. The 1999 election was similar to 1996 & 1998 in the sense that again the
electoratereturned a hung house. Again B.J.P. emerged as the largest party. But this time
B.J.P. alliance got clearsimple majority. While B.J.P.'s seat share did not change radically
compared to the 12th Lok Sabha, butB.J.P. Alliance N.D.A. got more numbers this time
andsome of them also got more seats than last time.On the other hand congress declined
further along with its principal allies AlADMK & Rashtriya JanataDal. The Contress alliance
was actually aseat sharing arrangement. Neither did congress have acommon manifesto nor
an understanding to share power if they got majority. On the other hand theN.D.A., which
consisted of B.J.P, Janata Dal (United) Shive Sena, Biju Janata Dal, D.M.K.,
P.M.K.,M.D.M.K., Akali Dal and Tamil Rajiv congress came out with a common manifesto and
said they wouldbe part of N.D.A. government led by Vajpayee. Even those parties which did
not join the alliance likeTelegu Desam, Trinmool congress and National conference were clear
that they were committed tosupport a government led by Vajpayee. Similar clarity of
approach was not present inanti N.D.A.,parties-Congress allies or C.P.M. These parties could
not project a single name for P.M.'s office.Sometimes Sonia Gandhi's name was proposed,
sometimes it was Jyoti Basu and other times it wasManmohan Singh. The B.J.P. consciously
and provocaticaly converted the 1999 elections into aPresidential type of contest where
personality became the issue rather than personalities projectingissues. The election campaign
was vote for Vajpayee or against Vajpayee attracted more allies & morenumbers and retained
the power. The 1999, election result was a indicationof Vajpayee's track recordas a man who
can manage a coalition government with disparate interests and volatile personalities.
For long the index of opposition unity in the country was measured on how the
opponent of the congress was divided. But the phenomenon of 1990's that IOU now revolves
round the B.J.P. & itsallies. Thus the N.D.A could benefit from the division of anti N.D.A,
votes. This factor helped the B.J.Pat state level also like Bihar and Maharashtra.
14.3 Voting Behaviour
A brief review of the various elections brings us to the study of voting behavior in
India. Apolitical system reveals itself more fully during the elections. For social scientists it is
a great eventwhen they can investigate and explore into the dynamics of political behaviour
of the voter. The study ofvoting behaviour including the study of various factors, affecting
and influencing the choice of theelectorate. We shall now discuss the different methods
employed to study the electoral behaviour. Weshall make a particular reference to the studies
in India.
14.3.1 Studies on Voting Behaviour
Today there are a number of quantitative research studies, particularly those dealing
with votingbehaviour. Although these studies, are not very much related to the theory and
principles of politics,their scope and nature happens to be limited and narrow. Why is our
knowledge of voting process stillso limited and speculative. The answer to this question may
be found in survey and analysis of themethodological relationship between theory and
research in voting behaviour. Any survey of theliterature on voting behaviour is difficult
particularly because students of the election process dealingwith held survey projects has
been pouring in numerous now works on the theme with the each passingelection.This
follows various methods and arrives at new conclusions. A sort of full autonomy in research
design has often produced somewhat contradictory sets of conclusion. To relate the total
effort ofresearehers in this field to the context of our discipline in exact terms in hazardous
and demandsreservations equal in number to the proposition newly advanced. Similarly, to
assist this research effortin terms of the methodological scientific pretensions to our
discipline is equally tiring due to variations inmethodological vigour.
However, the term voting behaviour 'is not new 'but it is used by the scholars with a
sort ofvariance. Voting behaviour connotes today more than examination of voting records,
compilation ofvoting statistics and compilation of electoral shifts. Students are deeply
involved in analysis of individualsocio-psychological process-perception motivations, and
general attitudes and their relation, to politicalaction as well as of-institutional pattern, such
as the communication process and their impact onelections. The area of voting behaviour
studies, however, has been expanding in meaning and nature.It is generally an area of study
which can be subsumed within the border area of political behaviour.Sometimes voting
behaviour studies are wrongly understood as representing the entire canvas of theelectoral
politics or the politics of elections.
Electoral politics, as a matter of fact, cannot be treated as sporadic phenomenon in the
life storyof the nation. Rather it is organically linked with the core of the nations political like.
Thus, the dynamicof election politics cannot be meaningfully grasped if divorced from the
mainstream of national politics.
Voting behaviour on the other hand is relatively limited in its scope and area. But the
electoralpolitics is wide ranging in its scope. Generally it encompasses various aspects such
as the politicalclimate on the eve of election, party manifestoes, the pattern of electoral
alliances, the strategy andprocess of nomination, the design, techniques symbolism and
themes of the election campaign, thevoter turn out, the voting behaviour and the motivations
governing it, and the pool verdictand its overalldeterminants. These are to be seen as various
chapters of a single story, pieced together through acontinuous process of interconnection
and interaction. This simply suggests that electoral politics is farmore comprehensive than
voting behaviour. The emphasis of contemporary scholar has been on votingbehaviour rather
than on the whole panorama of election politics. It is only scarcely that the scholarsconduct
studies on the entire theme of electoral politics. Even studies of voting behaviour do not
coverthe entire country. Their access is narrow and confined to the sample electorate of a
particular area. Onaccount of their limited scope and area, the voting behaviour studies lack
a comparative perspective.Sometimes one finds .that the studies conduced on a particular
region do not represent even thebehaviour of the region itself.
Generally, there is paucity or empirical studies on voting on a country wide basis
which, infact, mars the possibility of deriving any sound theoretical formulation. Sometimes,
the scholars eventry to formulate generalisations on the basis of secondary data and
information. Whatsoever thelimitations are, the emphasis of voting behaviour studies
remains on individual's behaviour particularlyin the context of governmental institutions. It
is natural, therefore, that many social scientists besidespolitical scientists should have an
interest and stake in such scientific inquiry. From this it is obvious thatthe generalisation
and hypotheses being advanced in the field of voting behaviour should reveal theimprint of
the sociologist, economist and social psychologist. Although the study of political behaviour
isconcerned with the action of men and groups of men in politics. There are basic similarities
between the action of men and groups of men in politics and the action of men and groups of
men in other social institutions and situations. Consequently, many of the techniques and
concepts developed, particularly by psychology, social psychology and sociology, for the study
of human behaviour in general are applicable to the study of human behaviour in politics.
Such developments have resulted into closercontact of various social sciences with the
discipline of political science. The new approaches of socialsciences have greatly benefitted
the political science. A social science approach is useful for politicalanalysis in as much it
enables the political problem to be placed in a more general social context. Theempirical
investigation on voting behaviour has quite often been conducted by scholars belonging
todifferent disciplines of social sciences. The interdisciplinary thinking in political science, as
a matter offact, has been brought more successfully through the voting behaviour studies. It
is this area where thebehavioral methodology could claim for its legitimate place in the field
of political science. Moreover, itis voting behaviour on which a good deal of books,
monograph, mimeographed material and articles injournals appeared with impressive
frequency. Such studies include a variety of methodological andtheoretical approaches, using
historical, psychological, sociological, political, statistical, and othermethodologies, and both
normative and empirical theory. Elections and voting behaviour studies mayrange from
individual and localized case studies to the use of aggregate, comparative studies and
trendanalysis to throw light on broad ecological and systematic factors and patterns.
However, in voting behaviour and other types of electoral studies, elections, have
beenanalysed on the bases of the factors influencing, and the motivations of the individual
voter, theelectorate as a collectivity, the representative chose through the electoral process,
the process itself,the kind of government that is produced and the nature and degree of its
actual responsibility theelectorate, and role of elections in the functioning and development
of the political system. The latteraspect has been given only nominal significance and the
emphasis largely rests on the determinants ofvoting act or voting behaviour of the electorate.
Most of the studies have been concentrating on thefactors determining the voter's preference
in a particular election. This also includes the external andinternal stimuli that interact with
the voter and shape his response, bearing consequences on the finaloutcome.
14.3.2 Genesis :- If we go into the genesis of voting behaviour studies we find that nation
widestudies of elections using modern techniques of research were undertaken in the United
States only inthe 1940's and become significant, from a cumulative and comparative point of
view, only after anumber of these studies had been made. In England such studies date from
the end of World War II asillustrated, by the famous Muffield studies of every British election
since the "turning point election" of1945, and by the contributions to election analysis of
some of the scholars who have been associatedwith these studies. In other West European
countries one finds similar studies since the early post waryear. In India, with a few
exceptions, systematic election studies of high quality were initiated only at thetime of the
fourth general election in 1967, and even today the voting behaviour studies of high
qualityare still rare. However, the Indian political scientists are paying more attention to
study of elections thanto other aspect of political research.
The act of voting in all the election studies has been the point. It is the most common,
most'conspicuous and the most frequently studied act of political participation, but as some
studies ofelections have emphasised, it may not be a very meaningful act of participation at
all. It may merely be"the ritualistic and symbolic gesture performed because of various types
of pressures rather than aconscious, informed and studied exercise of political choice.
Scholars like Rokken have pointed out,that voting is no longer a responsible act, the citizen
could no longer be taken to account for what hehad done, neither by his superiors nor by his
peers. The reason for this, as Rokken noted, is clear "thevote is datumof human behaviour
but is anonymous datum.
However, the anonymous and secret nature of act of voting makes it difficult to study
the way inwhich individual voters exercise their right of franchise but it does not minimise
the importance of thisact. The social scientists adopt different techniques to know about the
determinants of voting behavior and also try to measure the factors responsible for the
minimum or maximum turn out of the electorateat the polling booths. The number of
quantitative research studies on voting behaviour is increasingmanifold with each periodic
election.
14.3.3 CLASSIFICATION OF VOTING BEHAVIOUR STUDIES
The classification of voting behaviour studies has been done on the basis of several
criteriasuch as - the types of data examined, the electoral units investigated, and the
objectives persued by theresearcher or the research design and hypothesis employed. The
last criterion i.e. the methodologyorientation of the reach effort appears to be the most
fruitful and defensible. Six types of votingbehaviour research can be discerned from this view
point.
Tobegin, the first category is the hypothesis testing exploratory study. In such studies
theresearcher assumes the significance of a proposition on the basis of his hunch and
collects voting datain a manner designed to demonstrate the truth, or falsities of his
proposition. It includes a series of quiteunrelated pilot studies suggesting approaches to the
verification of a series of hypothesis. For example,Stuart Rice hypothesized that differences in
political attitudes exist between urban and rural votes. Thishe examined in State elections in
Minnesota and New York for 1920 and 1922 and in regard toPresidential elections. Some
scholars have assumed that the labourers have a differential behavior than the rest,
particularly when they exercise the right to franchise. Different types of voting behavior
studies in India also reveal about such exploratory hypothesis. Scholars like Morris Jones
would saythat the role of caste consideration declines considerably in a Parliamentary
election. Similarly, IqbalNarain would say that rote of caste in Panchayat election may more
than the Assembly andParliamentary elections. Similarly view-points have been raised and
concluded in regard to the rural and urban differentials. However such studies may produce
results which may satisfy curiosity or mayprovide further research.
The Second category, is the masstabulation cast study, operating with no hypothesis,
or veryvague ones concentration in a single electoral unit. In such studies the investigator
studies manyaspects of a single electoral unit (city, town, a specific ward of the town), in
either one or a short seriesof elections, collecting as much data of voting records as is
possible. It can be argued that implicit inthese inquiries are certain assumptions or
hypothesis which determine the type of data which issignificant and, therefore, to be
collected, For example, it may be assumed that voting participation ofuniversity professors
varies from that of non-academic citizens, or that the place of a candidate's nameon the
ballot explains fluctuations in his vote by words, or that native white turn out is
consistentlyhigher than foreign born white and data, consequently will be collected and
tabulated on thoseassumptions. However, such studies do not permit broader generalizations
as they deal with any aspecific single community-in one historical span of time.
The third classification of voting behaviour research is the comparative statistical
survey inwhich an attempt is made to describe differentials in voting behaviour trends at the
local, State andNational level. Such studies, valuable collections, tabulations and analysis of
data are presented andsignificant facts about voting trends in particular State and localities
are discovered. But their value isagain limited so far as integrated political behaviour theory
is concerned. Several studies analyse therelationshipof sex, age, occupation, caste, religion
and residence to voting. But the generalization onthis is very difficult. One may say that
voting participation is higher in urban than in rural areas. But acontrary view point can also
be established. Further, one may say that the better educated andrelatively affluent section
may be more politicized than their counterparts. In some of the Indian votingbehaviour
studies a contrary picture has also been prevented. In some cases the voter's participation
inrural areas has been found more than their counterparts in the urban areas which are
better educatedand exposed to the mass media.
The fourth category of researchisthe single hypothesistread study, in which the
investigator,advancing a single proposition or an interpretation of one aspect of voting
behaviour, explores itsvalidity over a considerable span of elections and in different electoral
units. Holcombe's studyattempted to validate the hypothesis that the balance of electoral
power is held today in Presidentialelections (U.S.A) by urban areas, any by the middle classes
in urban areas. In the critical elections of1977 it was held by the minorities rather than the
higher casteHindus residing in the urban areas. Theunfortunate aspect of such studies today
is that a high degree of probability is not demonstrated andalternative hypothesis are not
even entertained. Let alone explored with the same objective with them.
The fifth category of voting behaviour research is what might be called hypothesis,
testing, factorial analysis, systematically organised and pursued, but applied to one or a few
election among asingle community. It is an intensive and more systematic effort. Studies
conducted national analysis,and experimental studies fall into this category. The best suited
studies may be Gosnell's multiple factoranalysis of the Presidential voter in' Chicago as well
as his experimental studies of non-voting. Suchstudies attempt to probe in hypothesis or a
few basic factors in voting behaviour in a particular societyand situation the use of
questionnaire techniques. However, the techniques and methodology used inthese studies
are time consuming and too technical to be understood.
The Sixth and Seventh category of studies is what might be called the community
economicstype. These special features of such studies are their dynamic interaction on many
factors and variablesocial religious and so on and their utilisation of the most advanced
measurement techniques. This is adeparture from the single hypothesis type of studies
postulate that political behaviour is a total situationcommunity phenomenons and that to
understand it one must analyse the interaction of many factorsand variables.
These various types of voting behaviours researches have contributed substantially to
theprevailing motion and concepts of voting behaviour. They have been useful particularly in
terms ofknowing the differential patterns of behaviour of the electorate according to their
background religion,locality, sex, age economic and demographic composition. But most of
the theoretical propositionsevolved so far lack verification and validity.
In India, studies of voting behaviour have mainly pre-occupied with the role of caste
inelections. There are studies showing how caste sentiments and loyalties are activated
through electionand how electoral support for a candidate or a party is mobilized on caste
lines. It is argued that inter'party competition reflects caste based cleavages rather the
difference in political identification and partyloyalties of electorate.
On the contrary, large number of voting behaviour studies emphasizes the increasing
role of noncaste factors in determining voting behaviour. These studies show how caste
loyalties and casteidentities are often undermined by political factors like party loyalties of
the electorate, ideologicalappeals of political parties and issue orientation of voters. Some
studies have shown the importance ofother infra-structural variables, like the personality of
the candidates, vote-banks, money and othercleavages dividing the voting community. The
findings of the empirical investigations thus differ fromstudy to study in general and from
area to area in particular. Since most studies of voting behaviour arein the form of case
studies of a constituency, a town or village, their generalizations apply to a specificplace at a
given point in time. All that one can conclude fromthese studies is that at some places and
insome elections a particular factor influences the voting behaviour, whereas at some other
places and insome elections the another one. A few studies of voting behaviour, however
directly examineindividualcharacteristics of voters determinants of their voting behaviour.
Their information is based onsystematic interviews of a cross-section of voters in which they
are asked about their voting preferencebefore and after elections, as well as about their
personal dispositions and attitudes on various mattersincluding caste and religion. These
studies, in brief, show the importance of an interplay amongdifferent factors which determine
the voter's choice.
However, for a considerable time, psephologythe studies of elections and voting
behavior hadbecome fashionable it got a big boost with the funds, available from the
Research Programmes,Committee of the Planning Commission and later Indian Council of
Social Science Research. Now if astockofthe research in this field is taken one would note a
gradual decline of interest particularly afterthe midterm elections of 1971. The ICSSR itself is
now wary of funding elections studies. So far a fewnotable exceptions most of these studies
were often descriptive and were no more useful exercise indata collection. They lacked a
theoretical frame work and, therefore did not contribute to theunderstanding of political
process concerned with elections. Most of such studies have mechanicallyapplied the models
and techniques evolved in the West. These studies failed to reach the depth ofIndian voter's
behaviour and their findings are often repetitive and pedestrian. But now efforts are
beingmade to interpret voting behaviour studies in the context of socio-economic and
political millieu on theone hand and pull and swing of election politics on the other. Attempts
are also being made to analysewhat it described as the vote seat ratio as a result of the
peculiarities of the system of representation.
14.3.4 DETERMINANTS OF VOTING BEHAVIOUR IN INDIA
Voting is an act of choice amongst a set of alternatives by a free individual and is at
the heart ofmodern democracy. The recorded history of voting goes back to the Greek City
States-Polis. Ourmodern word for the study of voting behaviour, 'psephology' derives from the
classical Greek 'Psephos',the piece pattery on which certain votes mainly about the
banishment of those seen as dangerous tothe state were inscribed. Voting is no more than
the voicing of individual opinions, the problems arise indeciding for whom or for what
alternative, the votes have been cast. Voting is complex act. The voterexercises this right
under various influences, Political, Socio-economic and personal such as the adviceof a
friend, fondness for a particular candidate, feeling about a particular issue, his personal
whims etc.In view of the fact that many complex factors influence the choice of the eligible
voters, the analysis ofvoting determinants is a difficult affair.
The study ofdeterminants of Voting Behaviour in India is more complex. India is one of
thelargest democracies of the world where Periodic elections on the basis of universal adult
franchise areheld under the supervision of the election Commission. Since nearly 70% of the
voters are noteducated and do not understand the importance of the elections manifesto and
also the value of their voting right, hence question arises as to which are the factors which
determine the voting behaviour inIndia.
Indian society is basically a political in nature. Its political fabric is very week. Despite
thegeneral elections, the process of politicization still appears to be in its pre-adulthood state.
It is in astate of transition change and flux. The Indian society is trying to extricate itself from
traditionalism andstep out into modernity.
The studies on voting behaviour in India have taken note of this transitional nature of
Indiansociety and hence attached considerable importance to the social determinants of
voting behaviour likecaste, community and religion. In fact these social factors influence to a
great extent the votingbehaviour in India especially in rural and urban areas where
politicisation is low. Caste is the mostimportant among these factors. Caste has deep roots in
India and as such plays a significant role inpolitical life. Although there are some sociologists
who hold the view that caste has ceased to be thedeterminant of politics in India but the fact
is that it is still the important factor. Although caste barriers have been loosened at the social
level but politically it has become more strong. In fact caste has beenpoliticised. In states like
Haryana, U.P., Bihar, and Tamilnadu the caste factor is a powerful determinant.Some of the
state and regional parties' are caste-based. For example DMK and AIADMK are anti-
Brahmins. There are also instances where caste organisations or leaders issue a sort of a
whip to thevoters of their caste to vote for certain candidates and this whip is generally
obeyed except those whohave their own political ideological or party identification.
Religion is the other important social factor which determines voting behaviour in
India. AlthoughIndia is a secular state but all the political parties keep this factor in mind
while giving tickets tocandidates on the eve of elections and while campaigning for their
candidates. Besides there arevarious political parties which have a religiousbasis. Hence
voting behaviour is determined by religiousand communal considerations.
Another social determinant of voting behaviour is linguism. India is a multilingual
country with 22official languages in addition to many other languages which have either not
been recognised or havenot been given proper status in some states. This creates issues such
as in some states there is ademand for making a particular language as the sole medium of
instructions, in some states there is ademand for giving to a particular language as the
status of second language and in some form givingofficial recognition and inclusion of
particular language in the Eighth Schedule of the constitution by wayof Constitutional
amendment. In some states there is propaganda against imposition of Hindi asnational
language. During the time of election linguistic feeling are aroused and a large number
ofvoters are influenced in their voting behaviour by linguistic issues.
Another social factor which influences voting behaviour is the community. The feeling
ofcommunity is based on either religion or language or caste, or region or on the basis of
issues that areconsidered to have vital effect on particular people. The leaders of the
community raise emotionalappeals to the voters for protecting the interests of the particular
cultural community and safeguardingits separate cultural identity. The demands for separate
statehood raised by the regional parties andleaders from time to time testify the importance
of the community as the determinant of votingbehaviour. '
Besides these social factors there are political considerations also which influence the
votingbehaviour in India. Political ideology, election manifestoes and the party identification
also play animportant role in influencing the voting behaviour of those who are educated,
politicised and politicallyactive. Although the percentage of such voters is very low as
compared to western democracies but stillthe party identification influences the voting
behaviour in India. India has multiple party system but theCongress had been a dominant
party since independence. The older generationof the pre-independenceera was committed to
the Congress which had won independence for India;hence theparty identification wasstable
between 1947-48. With the older members dying and the new enteringthe electorate the
strong party identities considerably decreased. Many more parties especially stateand
regional came to the forefront. Nevertheless the party identification is still there and
peopleindividually as well as the vote banks of certain groups vote on party lines.
The craze among, candidates for party tickets indicate the party identification is an
importantdeterminant of voting behaviour. In some states as West Bengal, Tripura and
Kerala, large number ofvoters are committed to the left ideology and generally vote for the left
parties as the past record ofelectrons indicates. In some other states the left parties are not
popular at all and there are voters wholike the vote for Congress (!) or BJP or Janata or Janta
Dal. Hence the political ideology also influencesthe voting behaviour. However, the Indian
voters shift their party support more extensively than votersin other democratic countries.
The general elections of 1977, 1980, 1984, 1989, and 1991 prove howvoters change their
political loyalty.
Election manifestoes issued by the political parties on the eve of elections also play
asdeterminants of voting behaviour. The election manifesto declares on the one hand the
issues and theproblems which the party wants to solve if it comes to power and on the other
hand what it hasachieved if it has been a ruling party. Thus the performance of the party is
power also motivates thevoting behaviour of the people. The 1971 elections gave mandate to
Mrs. Indira Gandhi because ofIndia's victory against Pakistan on the Bangladesh War. But
the 1977 elections ousted the Congressfrom power. The elections of 1984 and 1989 also
prove how the performance of the party determinesthe voting behaviour.
The issues raised by the political parties also play a vital role in determining the mood
ofelectorate. Since 1971 elections this trend has been evident. In 1971 it was 'Gribi Hatao', in
1977, itwas safeguarding Democracy & freedom', in 1980 the need for effective and stable
government, in1984 safeguarding the unity and integrity of Nation. Sometimesthe local
issues became moreimportant and they influence the voting behaviour. Charismatic
personalityof the party leader is anotherfactor which influences the voting behaviour. From
1947 to 1964 it was the charismatic personality ofPandit Jawaharlal Nehru which attracted
the voters to vote for Congress. After that Mrs. Indira Gandhiattained that popularity in 1971
and people supported Congress (I), in 1984 the voters were attractedtowards the dynamic
and young leadership of Rajiv Gandhi. In 1971 Jaya Parkash Naryana influencedthe voters'
mind and the Janta party got the absolute majority.
Another political determinant of voting behaviour is the candidates’ image. The Indian
voters ingeneral vote for a candidate who is honest and has clean image. Therefore the
political parties whilegiving party tickets to candidates take into consideration the image of
the candidate.
After taking into account, the political factors we now come to the role of economic
factors indetermining voting behaviour. The economic factor is more crucial in urban
societies where peopleorganise themselves into unions and organisation not on the basis of
castes,or community but on thebasis of class. Class is an economic institution that can be
measured by the level of income or controlof the means of production. Although in India the
social factors like caste and community play a morevital role but the class is also taken into
account. The political parties are conscious of this factor andthey have their wings amongst
the labour unions, trade unions, peasant organisations, variousprofessional and office
employees unions and students unions and so on. The left give moreimportance to class
factor and stand for the welfare of the working class and hence are more popular inindustrial
towns.
In the end we fate lap the role of money in determining the voting behaviour. Money
plays acrucial role in electoral politics. Although India is not a rich country but crores of
rupees are spent onelections. The big industrialists donate large sums of money to political
parties to seek favour and theparties spend these amounts on elections. A rich party and a
rich candidate have relatively betterchances of electoral success. Their election campaigns
are more impressive and often fruitful.
14.4 Role of Election Commission
The constitution of India provides under article 324 an Election Commission for the
conduct offree and fair polls in the country. Article 324 (i)States, "The superintendence,
direction and control ofthe preparation of the electoral rolls for, and the conduct of, all
elections to me Parliament and to theLegislature of every state and of elections to the offices
of President and Vice-President held under thisconstitution shall be vested in a commission
(Election Commission).
The Election Commission consists of the Chief Election Commissioner and such
number ofElection Commissioners, if any, as the president may from time to time fix and the
appointment of theChief Election Commissioner and other Election Commissioners shall
subject to the provisions of anylaw made in that behalf by Parliament, be made by the
President (Article 324 (2).
When any other Election Commissioner is so appointed the Chief Election
Commissioner shallact as the Chairman of Election Commission (324(3)), The Chief Election
Commissioner shall not beremoved from his office except in like manner and on the like
grounds as a judge of the Supreme Courtand the conditions of service of the Chief Election
Commissioner shall not be varied to hisdisadvantage after his appointment. Any other
Election Commissioner or a Regional Commissionershall not be removed from office except
on the recommendation of the Chief election Commissioner(324-5).
Thus the Constitution authorises the President to have a single member or a multi
memberElection Commission. Until 1989 there was a single member Election
Commission,although theopposition parties had been raising the demand of multimember
Election Commission on variousoccasions. On October 16, 1989 before the announcement of
1989 ninth Lok Sabha Election twoadditional Election Commissioners (S.S. Dhanoia (IAS)
and V.S. Seigella (IPS) both were retiredpersons) were appointed during the tenure of R.V.S.
Peri Shastri as CES by the then Prime MinisterRajiv Gandhi to cope with the heavy burden of
election work in the Election Commission's office. TheCEC however was to function as
chairman of the Commission. Earlier, Rajiv Gandhi had rejected thedemand for making
Election Commission a multi-member body during the passage of the electoralreform in
Parliament in December, 1998. Rajiv Gandhi's decision to make Election Commission, a
multi-member body, on the eve of elections caused suspicion in opposition parties’ circles. It
was feared thatafter making it a multi member body, the decision making at the time of
conduct of polls when crucialdecisions would have to be taken on the spot would cause
delay. Such differences cropped up betweenCEC and other two ECs with the act of Poll
violence and booth-capturing charges in the AmethiParliamentary Constituency. The
National Front Government after coming into power restored theearlier position and removed
two Election Commissioners in Feb. 1990. The removal of the two ECswas challenged in the
apex court in S.S.D. Dhannao V, Union of India. The Supreme Court dismissedthe petition
holding that the removal of the two E.Cs was not a case of premature termination ofservice
but it was a case of the abolition of the posts with termination of service as a consequence
andheld that Election Commissioners cannot be placed on a par with the CEC in terms of
power andauthority. Hence the termination of service was not open to challenge on ground of
illegality. The Courtsaid that the protection available to CEC was not available either to the
Election Commissioner or theregional commissioners and therefore their conditions of service
can be varied even to their'disadvantage.
Again on October 1, 1993 two Election Commissioners M.S.Gill and G.V.G.
Krishnamurthy wereappointed making the Election Commission once again a multi-member
body. Through an ordianceissued on October 1, 1993 equal powers were conferred upon all
the three members of ElectionCommission enabling decision making by majority.
The Parliament later on (December 20, 1993) passed an act providing a multi-member
ElectionCommission and the salaries and allowances of the Election Commissioners have
also been brought atpar with the CEC. Further the salaries of all the three members have
been brought at par with thejudges of Supreme Court. The Chief Election Commissioner T.N.
Seshan did not approve of thislegislation of equating the powers of CEC and the other two
ECs and challenged the matterin theSupreme Court. The apex Court suggested that the
CEC, T.N. Seshan, whose position was, 'certainlydistinct' can take the lead in allocating work
to the two ECs in a bid to resolve differences over theworking of the Election Commission.
This did not improve the bitter relations between the CEC and thetwo ECs. The controversy
came to an end only when finally Supreme Court in its decision on July 14,1995 upheld the
notification by the President making the Election Commission a multi-member bodyand
equating the ChiefElection Commissioner with the two Election Commissioners. The five
judgebench headed by Chief Justice A.M.Ahamdi has held that Election Commission consists
of threeelection Commissioners and that the CEC does not enjoys any constitutional primacy
in the functioningof the commission. The CEC presides over the meeting of the Commission
as its Chairman but thatdoes not give him the right to veto decision of the commission which
in the event of a lack of consensusbe arrived at by majority. This is consistent with the
concept of majority rule underlying democraticpolitics.
After this judgement the Chief Election Commissioner and the two other
Commissionersresolved to "work as per the constitution and the law and order of the
Supreme Court". The resolutionwas adopted on August 29, 1995 at the first formal meeting
of the multi-member commission, after theJuly (1995), judgement of Supreme Court. The
meeting of three was only the second of its kind. Thefirst such meeting was on November,
1993 a month after the appointment of the two ECs which wasalso held on the appointment
of two ECs had led to bitter exchanges from both sides (CEC vs twoECs). But after the July
1995 judgement there was talk about 'forgetting' and 'forgiving' and burying thepast. After
that the Election Commission started working as a multi-member body and conducted
the1996 General Election in that capacity.
A review of Article 324 reveals that several important arrangements have been made to
ensureindependence and impartiality of Election Commission. But there are some loopholes
in the sphere ofits composition and working. First the constitution of India is silent about the
qualification and the termof the CEC. Every matter in this connection has been left to the
jurisdiction of the President (whichvirtually means union cabinet) pending for a proper
enactment by the Parliament. It may be feared thatthe President while acting on the advice of
his council of Ministers, may appoint a person, purely on thebasis of political consideration.
Secondly, the constitution does not say anything about the number ofregional commissioners
to be placed under the control of CEC and their terms, qualification andconditions of service
etc. Thirdly, the Election Commissioner though entrusted with the work ofconducting all
elections fairly has no right to recruit and regulate the conditions of service of its staff, aright
which is available to some other organ of government like the Supreme Court, the Union
PublicService Commission etc. Fourthly, the appointment of CEC, according to Goswami
report should bemade by a panel consisting of Prime Minister, leader of opposition party, the
speaker of Lok Sabha andthe Chief Justice of India.
14.4.1 Functions of the ElectionCommission: - The functions of the Election commission
areoutlined in Articles 324-29 of the constitution which are as follows:-
(i) The Election commission supervises, directs, controls and conducts the elections
in thecountry. It is charged with the responsibility to conduct free and fair
elections.
(ii) It prepares the electoral rolls of each constituency of Lok Sabha as also of the
stateVidhan Sabha. The electoral rolls are revised and updates after every census
operationsand before every election.
(iii) It conducts the elections to the Lok Sabha and State Vidhan Sabhas whenever
theelections falldue. It also holds the bye-elections. It is responsible for
conductingelections to the Vidhan Parishads (upper house of State legislature)
wherever they exist.It also conducts the elections to the Rajya Sabha after every
two years since 1/3members of the Rajya Sabha retire after 2 years.
(iv) It conducts the elections of President and Vice President whenever they fall due.
Itprepares the voters list and works out the quota of votes needed to win the
electionalong with the weightage and the value of each voter of electoral cottage.
(v) In order to conduct the elections, the election commission can demand the
services ofrequired persons from the centre as well as the states. Out of these
officials, the ElectionCommission appoints the Returning Officers and the
Presiding Officers and other pollingofficers who are assigned their respective
duties. Such deputed staff is guided andcontrolled by the Election Commission.
(vi) After the General elections, the Election Commission grants recognition to the
politicalparties as to whether they are the parties at the National or the state
level. In case aparty gets at least four percent of the total valid votes polled in at
least four states it isrecognised to be a National party. Similarly if a State level
gets four percent, of the totalvalid votes polled in that very State, it is recognized
as a State party.
(vii) In order to conduct the elections in a fair and impartial manner, the Election
Commissiondetermines and announces the code of conduct for the elections.
(viii) The Election commission grants the symbols for the election to the
"Independent"candidates, Independent candidates are those who are not
contesting the elections on the recognized party ticket i.e. they are not sponsored
or fielded by any recognized political party. The recognised political parties both
at the Central and the State levelsare given permanent symbols.

1. Define Voting Behaviour.
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2. Write the name of Present Election Commissioner name.
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14.4.2 Working of the Election Commission
Until now thirteen 'General Elections have been held under the supervision and
control of theElection Commission. In the same way various state assembly elections and
Presidential and vice-Presidential elections have been held under its guidance. All these
elections have been conducted in afree and fair manner by the Election Commission to a
great extent. The Election Commission has beensuggesting new devices and electoral reforms
by which elections can be conducted in a more farmanner. With the passage of the 44th
Amendment of 1979, empowering theGovernment of India toseek the opinion of the CEC in
regard to the possibility of holding the elections in the state underPresident's Rule for the last
six months it is feared that the Election Commission might be dragged intothe vortex of
political influence and its pulls and pressures.
There have been instances where the role of Election Commission was alleged to be
partisanfavouring the party in power at the center. We have the example of how the state
assembly elections of -Assam were held in 1983 against the wishes of the then CEC, Mr.
S.L.Shakdhar. His successor Mr.R.K. Trivedi therefore suggested that the electoral law of the
country should be revised so as to fix a -minimum number of seats on whose filling up the
commission may notify the due constitution of theHouse. The results of the elections in 1983
and in Assam, Tripura in 1988 are the sufficient examples todemonstrate that the Election
Commission accepted in the government's dictates and it divested itselfof its independence,
In October 1986, there were four vacancies in the Haryana assembly whose termwas toend in
June 1987, but instead of holding by-elections in all the four constituencies, CEC R.V.S.Peri
Shastri ordered the/poll only in Tosham in order to enable Mr. Bansi Lal, M.P., the newly
appointedChief Minister to be elected as M.L.A, so that he could continue as Chief Minister.
Again Mr. PeriShastri announced on October 6, 1986 that he was considering holding the
assembly elections in WestBangal, Kerala and Haryana''simultaneously but on February 4,
1987 he announced that the electionswould be held on March 23 in West Bengal, Kerala and
Jammu & Kashmir but the poll in Haryanawould be deferred. The reason given was the
delicacy of the law and order situation and noncompletion of electoral rolls. It may be noted
that when in 1983 election in Assam were held, law andorder situation was worst and again
on December 26, 1988 when Peri Shastri announced that electionsin Meghalaya and Tripura
wuld be held on February 2, 1988, the law and order situation was notconducive in these
states.
During the 1989 Lok Sabha Poll the Election Commission was criticised for playing
down itsdubious role in handling the situation of the Prime Minister's constituency (Amethi)
or delaying thepassing instructions against the Congress Government process. In the Amethi
Constituency, there wasan overwhelming evidence of rigging, booth-capturing and acts of
violence on 22nd November, 1989,The Election Commission was expected to discharge its
duties without fear or favour under section 60of the R.P. Act. It acted belatedly in respect of
countermading elections and ordering repolls onNovember 27, 1989 in 97 booths of the
parliamentary constituency. This was done when five memberindependent group of
prominent citizens (SOI; Sorabjie, LP.Singh, Rajni Kothari and others) met thePresident and
urged him to advise the Election Commission to order repolling in Amethi. The repoll was
ordered in 97 booths on the basis of findings of material circumstances given to the poll
body.
There are also instances when the Election Commission took impartial bold steps.
ElectionCommission's role was appreciated when instead of ordering repoll it countermanded
the by election ofthe Meham constituency of Haryana on Feb.7, 1991 on the ground the poll
process had been vitiated tosuch an extent that it was not possible to ascertain the verdict of
electorate. The decision was taken byCEC R.V.S, Peri Shastri under Section 58 (a) of R.P. Act
on the basis of findings of ElectionCommission team appointment for this purpose.
With the appointment ofT.N.Seshan in 1991 as the Chief Election Commissioner; the
ElectionCommission had come to lime light, it stepped up its efforts to foil the attempts of
tempering the freeand fair elections'in a forceful manner, it assertively exercised its wide
ranging powers to ascertain thatevents like poll-violence, booth capturing, intimidation of
voters, rigging of elections and othermalpractices did not take place. Mr. T.N, Seshan
exercised his constitutional and discretionary powersto ensure that the elections were held in
a free and fair atmosphere, The Election Commission whileconducting the 1991 Lok Sabha
poll on many occasions demonstrated its firmness in ensuring peacefulelections at ail costs
while resisting the political pressures exerted by the party in power or by thecontesting
candidates.
On the major issues pertaining to fixing poll dates, mass transfers, law and other
situation,violation of Model code of conduct, misuse of state machinery and deferment of
election etc. CEC T.N.Seshan took bold steps. His role and the style of functioning evoked
sharp reactions among politicalparties and generated many political and constitutional
controversies against his performance indealing with the electoral issues and problems. T.N.
Seshan's steps attracted criticism and seriousallegations of his being partisan to those
problems. Parties like Janta Dal and BJP threatened to resort'to take a direct action if the
CEC did not mend its way of functioning. The opposition parties asked theCEC to resign
voluntarily or face the process of impeachment in parliament. Some of the chargesleveled
against him werehisarbitrary postponement of the long awaited Punjab Assembly Election
inMay, 1991 a few hours before the polling booths were to open, reportedly to oblige the
newly electedcongress govt. at the centre; two the enmas rigging and other malpractices
widely reported and broughtto his notice in Nandyal byelection in Andhra later the same
year, which enabled.Narsimha Rao to getelected to the Lok Sabha and continue in office; and
third Seshan's Shabby treatment of the twoElection Commissioners, denying they office and
staff facilities and refused to consult them.
Despite all these allegations and accusations, TN.Seshan carried on his crusade to
hold freeand fair elections in the country and took drastic steps to reform the electoral
process in the country.The commissionannounced the enforcement of guidelines on the eve
of 1991 Lok Sabha Poll banningtransfers, use of official transport, releasing grants from
discretionary funds of government, mixingofficial tour programmes with the election
campaigns etc. These restrictions were commenced toensure that the party in power did not
derive unfair advantage to further its electoral prospects. But theElections Commissions has
not the adequate powers to implement its guidelines.
The Model Code of conduct as evolved by the Election Commission with the consent of
thepolitical parties to ensure a free and fair election is virtually not enforceable as it lacks a
legal sanction.The Election Commission as such is not in a position to take steps against any
state because of itsdependence upon the state machinery in conducting the elections. Hence
the growing practice of masstransfers of officials cannot be prevented till the Election
Commission is lawfully empowered to takesteps against the violation of the code. Despite the
ban on transfers of officials connected with theelection duty for March 1991, the states of
Haryana, Rajasthan, Bihar, U.P. and Madhya Pradesh mademass transfers on the eve of
deadline showing their sense of urgency. In the past Congress (I)government was accused of
misusing the state machinery but the non-congress (I) government duringthat period proved
that the ruling parties irrespective of their ideological pretensions were not behind, much in
this regard for their electoral gains, they attempted to frustrate the purpose of ban.
'In spite of the practical difficulties and legal hurdles, T.N. Seshan demonstrated his
toughposture over electoral malpractices. His steps prevented the government, ministers and
political partiesfrom breaching the Model Code of conduct. He effectively tried to check the
growing phenomenon ofcriminals, anti socials and vested interests In Haryana, U.P. and
Bihar-known as notorious states forrigging in 1991, parliamentary elections.
The role of T.N. Seshan further came to centre stage in the 1996 parliamentary
elections. TheCEC had launched the unique experiment of photo identity cards for every
voter. Though millions ofpeople across the country have already been issued the identity
cards, since the gigantic Job was notcomplete, production of identity cards was not made
compulsory in the 1996 elections.
The major role of Election Commission in the 1996 parliamentary elections has been
the curbon the use of black money. The Election Commission on April 7, 1996 directed all
the eight nationalparties and 39 state level parties to submit to it latest by July 31, 1996,
details of expenditure Incurredby them for the general elections. The Supreme Court had on
April 4 ruled that political parties notmaintaining books of accounts and not filling income
returns cannot take advantage of an election lawthat exempts expenditure incurred by the
parties on its candidates. A division bench of Supreme Courtcomprising Justice Kuldip Singh
and Justice Faizaudding said In their 30 page judgement 'that the,political parties in their
quest of power, spent more than Rs. 1000 crore on general elections'(Parliament alone), yet
no body accounts for the bulk of money so spent and there is no accountability anywhere. No
body discloses the source of money There are no proper accounts and no audit. Thecountry
held that if a political party deliberately chooses to violate or circumvent mandatory
provisions orlaw for transparency in accounts and expenditure and goes through election
process with the help ofblack or unaccounted money, the party cannot be permitted to claim
that it has incurred or authorizedexpenditure in connection with the election of candidates in
terms of explanations one of section 77 ofthe R.P. Act. The land mark judgement came on a
public interest petition by 'Common cause' aregistered society which held that the political
parties had in violation of the law neither maintainedaudited accounts nor paid tax since
1979-80 though they were under a statutory obligation to furnish areturn of income tax for
each assessment year. The implications of this judgement are that use ofunaccounted money
in an election is completely prohibited. Political Parties not filling income taxreturns and not
maintaining books of accounts cannot fund their candidates; the Revenue secretaryshall
order inquiries against defaulters and initiate necessary action; all poll expenditure will
bepresumed to have been authoriesed by the candidate or his election agent; charge against
a candidatefor overspending is made rebuttable and the Election Commission is empowered
to scrutinise theexpenditure incurred by a political party.
The Election Commission immediately issued its terms and directions to put curbs
onoverspending and devised drastic steps to check the expenditure actually incurred. The
ElectionCommission sent large number of observers to monitor the election expenses. It also
sent videocameramen to the constituencies and the pictures taken will be made available to
candidates wishing tochallenge an election. As a result of this electioneering round the
country was robbed of much of itspomp and show and the 'carnival spirit'. There were no
loud speakers making noise, no defacing ofwalls with graffiti, slogans, symbols, and posters,
no giant cutouts. Not only the national and statepanics but small unrecognised outfits were
also asked to submit .by July 31, the details of theexpenditure incurred by them in the
election process. Even though the law puts no ceiling the expensesincurred by a party or a
candidate's well-wishers, the fact that the commission could ask uncomfortablequestions,
had the sobering effects on the candidates.
Another thing to be noted about Election Commission's role in the 1996 was that the
electionCommission had not waited for the traditional letter from the government about the
dates of election butannounced the election schedule on its own. On the Press note issued on
the subject the ElectionCommission quoted a Supreme Court ruling that the ultimate
decision on when to hold elections andwhether it was possible and expedient to hold them
must rest with the Election Commission. Accordingto a newspaper report the government's
game plan appeared to be to hold elections first in Jammu andKashmir. The' Election
Commission did not favour this as it would delay the elections in the rest of thecountry to
June which the Commission did not want. The Commission acted on its plan and
scheduledthe elections in Jammu and Kashmir in the last phase.
CEC T.N. Seshan wanted to bring about two sets of changes in the electoral system.
One whichcould be done within the orbit of the available laws and rules. In this category T.N.
Seshan did to themaximum possible limit by his discretionary powers and arbitrary and
authoritative style of working.The other set requires change in the law and rules for instance,
the subject of criminals becomingmembers of Parliament or transparency in party funds or
the election expense limits being raised orloopholes being plugged or putting a curb on non-
serious candidates. He submitted his consolidatedproposals to Prime Minister Narsimha Rao
in February 1992 (which he had asked in 1991) but noghingcame out and parliament has
not passed any substantive law to cleanse the electoral system duringP.M. Narsimha Rao's
term. In July 1996 some novel poll reform measures were suggested by differentpolitical
panics. Although no comprehensive legislation was brought about yet few changes have been
enacted in the representation of the people Amendment Act, 1996. First to put curb on non
seriouscandidates, the security deposit of candidates has been increased from 250 to Rs,
5000 and 10"proposers are necessary in case of independent candidates. Secondly, to bring
down electionexpenditure, the campaign period has been reduced from 21 to 14 days after
the last date ofwithdrawl.Thirdly, holding of byelections has been made mandatory within a
period of six months from the date ofoccurrence of the vacancy. Fourthly, it will be possible
for the Election Commission to nominateObservers to watch the conduct of elections and
such observers will have the power to direct thereturning officers to stop the counting of
votes or not to declare the results in certain constituencies likewhere booth capturing has
been reported. It has also been provided that a person shall not benominated as a candidate
for elections in more than two constituencies of the same class. On the deathof a candidate
an election shall be adjourned and not counter-manded.
In the end it may be said that Election Commission can certainty take a lead in
suggestingelectoral reforms aswell as implementing the already existing rules to conduct free
and fair polls.
Thus it may be said that T.N. Seshan transformed the institution of the Election
Commission'significantly from a largely obscure body involved with routing logistics to one of
most important pillarsof India's democracy. In the last decade it has successfully challenged
the executive and redefined its powers. The role of Election Commission came into limelight
recently again when Chief ElectionCommissioner James- Lyngdoh advised the government
(August, 2002) to postpone the GujaratAssembly elections on the plea that the situation in
Gujarat is not congenial for free and fair electionsbecause of the aftermath of Godhara
communal riots. Government wanted to conduct the assemblyelections in Jammu & Kashmir
and Gujarat in September, 2002 and sent the proposals to ElectionCommission but the
Election Commission gave a nod to conduct elections in Jammu & Kashmir inSeptember
2002, but advised to postpone the Gujarat assembly elections. According to the governmenta
constitutional crisis was on cards since under Article 174 (I) there cannot be a gap of more
than sixmonths between two assembly sittings. Going by this rule, the Gujarat assembly was
to be convened on or before October 6. The Election Commission ruled out early elections
since in its view the groundsituation needed to improve first. Election Commission suggested
that President's rule under Article356 may be invoked to deal with thesituation (since the six
month period will be own). Thegovernmentwas not in favour of declaring Presidents rule and
sent the matter to Supreme Court throughPresidential reference. The three point Presidential
reference to the court raised the following questions.
(1) Does Article 174 yield to Article 324 - meaning, is the timeframe provided by
Article 174subject to the Election Commission's order under Article 324?
(2) Can the Election Commission, under Article 324, frame a poll schedule on the
premise that if the time-frame provided under Article 174, is not complied with,
then the Presidentswill step in under Article 356?
(3| Is the Election Commission bound by article 174 to conduct elections in Gujarat
before six months have passed after the last assembly elections?
While answering these questions the Supreme Court on Oct. 28, 2002 said in its
important decision that the elections to legislative assembly/Lok Sabha should be held
within 6 months of itsdissolution and not within six months of its last session, Supreme
Court also made it clear that article174 does not apply to a dissolved House. About Election
commission's role to conduct free and fareelections, the Supreme Court said that the Election
Commission has the full authority to decide thedates of election and the government cannot
limit this right by law. Within an hour of this decision the declaration of President's rule
under article 356, the S.C.said that since article 174 does not apply to adissolved House, so
there is no question of using art. 356. Here it may be recalled that there have been
precedents when President's rule has been imposed when polls were delayed. During the
1995'assembly elections in Bihar, President's rule was imposed for eight days as the Election
Commissionhad postponed the poll date in some constituencies because of irregularities.
Similarly, there was abrief spell of central rule in Tripura in 1993, after the Election
Commission postponed the poll in theentire state following violence.
On the issue of Gujarat, Lyngdoh has gone against the wishes of the government. This
has revived the tussle between the legislature and executive, on the one hand, and the
commission andjudiciary on the other. Lyngdoh has stirred up another controversy
attempting to implement a SupremeCourt directive. He notified that politicians will have to
declare criminal records if any along, with theirassets and educational qualifications while
filling their nominations. Politicians of all hues havegot together to totally oppose such a
crusade. In the end it can be said that Eection Commission candefinitely lead to give
proposals for electoral reforms and to implementlawsto conduct free and fan elections.
Elections are the heartdemocracy; India is world's largest democracy having adult
franchis' with the provision of secret ballot. The constitution has vested the responsibility of
conducting free and fair elections in the Election Commission. The nature of elections has
undergone various changes withthe wise in population and the lowering of voting age the
electorate has vision tremendously. During,1999 elections it waslittle less than four times of
the electorate in 1952. The voter's turn out has also steadly grown up and there is Mereasing
political awareness among the voters. Withthe amergence ofso many parties’ especially
regional parties the electoral process had become highly completive. Withall these
therealsohave been thereoasing cases of malpractices during elections. The performance of
political parties has also undergone crucial changes. The one partydominant system has
given way to coalition are variousstudents as voting behaviour in India reveal that various
social factors such as caste, religion, language and community. Determine voting behaviour
besides the political factorssuch as political ideology manifestoes and party identification.
Candidate's image, issues raised duringelections also influence the voters. There is also the
role of money and muscle power. The role ofElection Commissionhas also changed. Initially it
performed only the routine functions of conducting the elections but now it has" become
oneof the important pillars of democracy and sometimes takes decisions against the wishes
of government in conducting free and fareelections.
14thLOK SABHA POLLS
The1990s witnessed the second democratic upsurgei.e. greater it participation
andmore, intense politicization of thedisadvantaged social groups. 14th Lok Sabha
elections2004 indicate a stabilization of that upsurge. Before we analyse the issue of the 14 th
Lok Sabha polls, let us look at the election results.
Political Party Seats Won
Congress 219 Seats
BJP+ 189 Seats
Left 61 Seats
Others 70 Seats
Total 539 Seats
EVMS: The 14th Lok Sabha polls saw the Electronic voting Machines being used throughout
thecountry for the first time. The National Election Study 2004 conducted a survey and
found that 90percent an opinion said they preferred EVMs. This is indeed a strong
endorsement of the new systemof voting.
Voter Turnout
While 62 percent of the men turned out to vote, the figure was less than 54 percent for
women.
Male/Female Turnout
Turnout______________Change on '99
Male 62 -2
Female 53.6 -2
The table given below shows the voter turnouts in recent Lok Sabha polls.
Lok Sabha Election Turnout %
1952 45.7
1957 47.7
1962 55.4
1967 61.3
1971 55.3
1977 60.4
1960 57.2
1985 64.1
1989 61.9
1991 55.9
1996 57.9
1998 62.1
1999 60.0
2004 58.3
15th Lok Sabha Grand Elections 2009

Final LS Tally
Total Seats - 543
UPA – 263
Party Seats won LBFT - 24
Party Seats Won Party Seats Won
Congress 206 CPM 16
TC 19 CPI 4
DMK 18 RSP 2
NCP 9 PB 2
NC 3 Others - 99
JMM 2 Party Seats Won
Muslim League 2 SP 23
VCK 1 BSP 21
Kerala 1 BJD 14
NDA – 189 AIADMK 9
Party Seats Won TOP 6
BJP 116 RJD 4
J D (U) 20 JDS 3
Shiv Sena 11 MDMK 1
SAD 4 Others 18
AGP 1 Total Seat-543
RLD 5
TRS 2 Source:Times of India (I5th May,2009)
Page 4.
Poll Strategy
Incalling for early elections, the Bhartiya Janata Parties strategists had banked heavly
on thepopularity of Prime Minister Atal Bihari Vajpayee. The reasoning was simple and
persuasive.
1. Mr. Vajpayee's popularity rating was much alone that of Congress President and it
wasunlikely that Sonia Gandhi would be able to close the gap during the election
campaign.
2. The Central Government was fairly popular and the people were likely to give it
anotherchance, especially if Mr. Vajpayee's name was attachedto it.
3. The BJP could turn the election into a 'Vajpayee versus question mark' race.
Thefindings of National Election Survey 2004 suggest that while the
Mr. Vajpayee was and indeed remained popular throughout the election campaign, but
hispopularity and a desire to give him another chance did not translate easily into votes for
the NDA as theBJP strategists had assumed.
The campaign by the BJP and the projection of these two leaders by the media turned
theelection at least partially, into a battle between the two. In focusing on the issue of the
CongressPresident foreign origin (which was a non-issue for majority of the people since
1989) the BJPand themedia helped her acquire an image. ;
Further it seems NDA was not defeated because people felt that it was doing badly.
Butperhaps, shrill claims about the 'feel-good' factor did not go down well with the electorate.
Only a smallminority (17 percent) thought that the employment situation had improved. For
most, it either remainedthe same or had deteriorated. The party campaign on the logic of
'feel-good factor' naturally fell flat.People did not perhaps assess the economy in terms of
forex and sensex, but in terms of survived andexistence.
14.6 References
1. Some people call 1967 elections also as Critical but looking at the developments
in 1980s they were just "deviating elections."
2. The Sixth General Elections (1977) to the Lok Sabha were also unscheduled in
the sense (hat the tenure of the then Lok Sabha had already been extended to
another one year.
3. A survey conducted in a few towns of Punjab reveals:
Cynicism and indifference mark the mood of the voter in this region, three
months before he is due to exercise his right of franchise for the mid term
elections to the Lok Sabha,
See the "Indian Express" (Chandigarh) (N) October,5, 1979 p.1.
Several Official enumeraters engaged in preparing voters list in the city of
Bombay were told by many eligible voters that they were not willing to get
themselves registered as voters. See Prem Bhatia, "The Voters, warning Signal"
(A) "The Tribune" Sept. 21, 1979, p.4 and also see Sham Lal "What shall we do",
'Seminar', 22 October 1979, p. 27,
The Congress party got 70.6% seats and 49.3% of the votes-in the 1984
Elections. In 1977 it got 28.4% of the seats and in 1980 67% of seats. In 1989
elections it secured. 39.5% of votes and on 1991 37.3% but it won more seats in
1991 than 1989. BJP secured 41.3% in 1977, 7.4% in 1984, 11.4% in 1989 and
22.9% in 1991 elections; CPI got 28% in 1977, 26% in 1984. 1996 Election figure
have been given under the heading 'Lok Sabha election-1996 and in Lesson
No.13 'Party System in India.' In 1998 Lok Sabha Poll Congress secured 141
seats & polled 25.8% of valid votes. In 1999 elections congress secured 112 seats
and 28.5% of valid votes.
4. Of 52 killed in Poll clashes a considerably large number was from Bihar and
Uttar Pradesh. While alone claimed 30, Uttar Pradesh claimed 14, similarly, these
two states also accounted for the largest number of injured in the election
violence.
Different dates were set as the deadline for providing identity cards to the voters
by the government for the Assembly etection to be field in 1995. But neither in
1995 assembly election nor in the 1996 and 1998 Lok Sabha polls this could be
implemented.
5. Quoted by Norman D. Palmar in "Elections and Political Development", 1976, p.
3,
7. Hieaz Eulau and other op. cit. p. 268.
8. For this one may be Myron Weiner and Rajni Kothari (eds) 'Indian Voting
Behaviour', Calcutta 1965.
9. See for example, V.M. Sirsikar, "party Loyalties vs. Caste Communal Pulls" "in
Ibid" Also see O.P. Goyal. "Caste and Politics", "Asian Survey", 5, (10) 1965.
1. Bhagat, Anjana K. Elections and Electoral Reforms in India, 1996.
2. Kaushik, Susheela, Elections in India: The Social Basis, K.P. Bagchi and
Company, New Delhi, 1982.
1. Discuss the determinants of voting behaviour in India.
2. Evaluate the role of election commission. '
-0-
Lesson-15
REVIEW OF WORKING OFINDIAN CONSTITUTION
Structure
15.0 Objectives
15.1 From One Party Dominant System of Constitution System
15.2 Coalition Politics-Shift from Dominant Party System
15.3 The First Era of Coalition Politics (1967-71)
15.4 The Second Era of Coalition Politics (1977-96)
15.5 Third Era of Coalition Politics
15.6 Summary
15.7 References
15.0 Objectives
This lesson deals with the Review of working if Indian Constitution. After going
through this lesson you will be able to:
 One Party dominace system of Indian Constitution
 And Coalition Politics – Shift from one Party System
In this chapter Review of Working of India's Constitution along various issues is
focuseson. Various issues related to review of working of India's Constitution are dealt with
amongtheissuesare:
 From one Party dominant system to Constitution System
 Pressure Group Politics in India
 NGO
 Factionalism and Defection in Indian Politics
 Linguistic Regionalism
 Land Reforms in India
 Caste and Politicsof Reservation
 NewEconomics Policies
 Nature of Communal Politics
 Religious
15.1 One Party Dominant System
After studying the various political parties ingeneral, let us now study the working of
one party dominant system in India. Before going into the details, of this system, itwould be
better toknow the meaning of the term dominant party.
The term as introduced by Duverger came in from economics. It was subsequently
used byW.H. Morris-Jones and Rajni Kothari to explain the party system in India. In many of
the newly liberatedcountries (mainly in Africa) strong tendencies towards one party regimes
became manifest. Most of thewestern scholars considered it to be a dangerous phenomenon
for the future of democracy. Thesescholars tended to equate the India and party system
(where the Indian national Congress had sweptthe polls at the national and state levels) with
one party system. W.H. Morris Jones differentiatedbetween one party system and one party
dominant system. According to him the former may be adanger in democracy but the latter is
certainly not. He opines that western labels like one party, twoparty, multi-party systems are
inadequate to explain the situation like the one prevailing in India, in thelatter case the term
one dominant party system is the right term to be used.
The one party dominant system, among others, has the following characteristics. First,
thedominant party itself is open. By the latter we mean that the movement in and out of the
organisation isfree competition for power and status within the party is rigorous. But the
public is aware of these shiftsand struggles in the party. Second, the opposition parties are
free to enter the competition for power.This may not be practically feasible for them owing to
certain handicaps such as lack of funds etc. Butthey do not face any legal disabilities of
unfaimess in election. Third, there is a positive communicationand interaction between the
opposition parties and dominant party. Instead of alternating or sharingpower with the
dominant party, they operate by conversing with the section of the dominant party itself.It is
interesting here to note that they address themselves more to the like minded groups within
thedominant party when to the general voters as such. Fourth, a dominant party is not
necessarily amajority party. It may however be the largest party in the system. It is the party
whose influencedominates the atmosphere and which identifies itself with an epoch. It is a
party of consensus and isgenerally recognised to be so even by the Opposition parties.
Coming to the situation in India, the Indian National Congress has been termed as
dominantparty in the political system of India Rajni Kothar and W.H. Morris-Jones have used
such terms asCongress system and OneParty Dominant System to explain the party system
in India. In his article"The Congress System in India" published in 1964, Rajni Kothari
explained the one party dominantsystem in India in the following words, "It is a competitive
party system but in which the competingparties play rather dissimilar 'roles. It consists of a
party of consensus and parties of Pressure. Thelatter function on the margin and indeed the
concept of margin of pressure is of great importance in thesystem. Inside the margin are
various factions within the party of consensus. Outside the margin areseveral opposition
groups and parties, dissident groups from the ruling party and other interestedgroups and
important individuals. These groups outside the margin do not constitute alternative to
theruling party. Their role is "to constantly pressurise, criticise, censure and influence it by
influencingopinion and interest inside margin, and above all exert a latent threat that if the
ruling group staysalways too far from the balance of affective public opinion and if the
factional system within it is notmobilised to restore the balance, it will be displaced from
power by the opposition groups. It is anassumption of the system that the party of
consensus, which is presumably the only legitimate instrument of power, is sensitive enough
to public pressures and demand but a safeguard is providedthrough the nevertheless
operation of the latency factor, so "that there is always identifiable-group orthe available
groups, which can be called into action for the preservation of competition and
externalcontrol, if the normal mechanism provided by competing elites within the party fails
to respond".
However Rajni Kothari believes that the Congress system as explained by him did not
remainthe same, more particularly after the declaration of the emergency in June 1975. In
his article,"Congress System revisited" published in 1974 he argued there was a need to
revisit the electoralprocess with legitimacy, to restore to opposition parties their due role in
Parliamentary politics, torestructure the communication linkage between Government and
Party units and the people and tomake system more responsive having less reliance on
coercion.'Later after the declaration of theinternal emergency in 1975, Rajni wrote an article
entitled "Restoring in Political Process" (published in1976). In this article he argued that the
suspension of the political process during emergency hadproduced severe strains on the
system which could be dealt with only by lifting the emergency. Besideshe emphasised the
need to dealwith the crisis of the system that prevailed before the emergency. Forthis he
advocated its necessity to put an end to the politics of confrontation and chaos by restoring
therules of the game and creating a climate of trust and confidence. Apart from this he felt a
need toresume a framework of consensus and integration by putting an end to centralisation,
by enabling thefederal polity to come back into its own, by reactivising the democratic
process within the dominantCongress Party, and by providing to various parties and group
access to power at different points alongthe federal axis. The dominant party system of India,
Kothari, believes has undergone a series ofchanges. In his article, "The call of the Eighties"
(published in 1980) he elaborates these changes,some of which are like this.
(i) This displacement of cabinet system by prime ministerial system of governance.
(ii) The abrogation of parliamentary supermacy over the executive.
(iii) The erosion of the federal framework. ..
(iv) The undermining of independence of judiciary.
(v) The systematic erosion of the party system and its gradual displacement
bypersonalised causes,
Here it would be in the fitness of things to study that even the one. party dominant
system whichwas restored in 1971 after a gap of four years (1967-71) was somewhat different
from the system thatoperated before 1967 Ram Joshi and Kirti Dev Desai point out that the
major difference in the newmodel was the collapse of the competitive mechanism within the
dominant party, factions wereconsidered as a challenge to the supreme leader rather than a
part of the "Congress System". Thisgradually led to the erosion of the "openness" of the
system, and there emerged an authoritarianconcentration of power resulting ultimately in
the imposition of emergency. Besides this, the newsystem according to them was
characterised by the decline of institutionalised politics and the growthof populist style.
There was more stress on ideological coherence, more intolerance towardsidssenters, and
more determination to push ahead even at the risk of jeopardising the party consensus.Thus
Joshi and Desai conclude that the second dominance was a mode of one-party
dominancewithout the balance of internal competition.
After the 1989 and 1991 elections the one party dominant system has been shattered
andpaved the way for coalition era. The 1998 and 1999 Lok Sabha Elections have
strengthened the trendof coalition politics.
15.2 COALITION POLITICS - SHIFT FROM DOMINANT PARTY SYSTEM
The above analysis of party system makes it clear that India has a multiparty system.
Theemergence of coalition politics is natural in a multiparty system in a plural society like
India. In India itemerged late because of the dominance of congress party both at the central
and state levels in theinitial years and first it lost its hold at state level but continued to
dominate the centre. Later the hold ofcongress party was shattered at the centre also and
this paved the way for the formation of coalitiongovernment not only the states but also at
the centre which gave- rise to coalition politics in India. In thenew scenario the old one party
dominant system is being replaced by a pluralistic, federal multipartysystem. The old system
which relied on national parties is declining and the regional parties havestrengthened their
position not only in the states but at centre also.
Before explaining the nature of coalition politicsin India, we must understand the
meaning ofCoalition and how they are formed?
According to dictionary meaning, coalition signifies an act of coalescing or uniting into
one bodyfor a certain purpose. This means that a coalition system is based on the pooling of
resources toachieve the desired object;in the political sense coalition signified an alliance for
joint action of variousgroups or organisations into a single government of district parties. In
other words we can say thatwhen the popular mandate is not clear and fragmented and no
single party is in a position to securemajority in the legislature and thus in unable to form
the government, a number of parties join hands toform the coalition government, a coalition
government thus implies an agreement between two or moreparties for sharing power.
Coalitions are formed on the basis of either pre-election electoral alliances orpost-election
arrangements between parties joining the coalition. Coalition based on pre-election alliances
proves more stronger and stable than the post-election alliances. Coalitions are formed on
thebasis of a common minimum programme, this implies that an ideal coalition should be
betweenideological like minded parties so that it can work like a team and survive longer. But
this is not alwayspossible. Coalitions are formed by the parties whose ideologies are different.
In such a case thecoalition partners have to be pragmatic in their outlook and mellow down
their ideological posture. Infact coalition politics is a dynamic affair in which all partners
keep on forming new alliances andcombinations to further their interest. Sometimes the
coalitions are formed on the basis of outside-support of some groups and parties. Such
parties do not join the government but give outside support.Further there are tacit or
invisible coalitions. This means that some parties do not give their opensupport to the
government but make a secret agreement that they will support the coalition and save itin
time of crisis.
15.3 The First Era of Coalition Politics (1967-71)
The first experiment of coalition politics took place in India after the fourth general
Election heldin 1967 in which congress lost its position of dominance in 8, out and 17 seats
i.e. - Punjab, Haryana,U.P., M.P., Orissa, Bihar, West Bengal & Kerala, Non Congress United
front governments were formedin these states. These governments could not survive long and
political instability prevailed in the statesgoverned by united fronts. In Bihar between 1967-
71 seven governments were formed and the overagelife of government was 4.2 months. These
governments suffered from certain inherent weaknesses.Except in Kerala and Orissa where
pre-election electoral alliances were formed, in all other states postelection arrangements
were made. They were just opportunistic alliances by power hungry politiciansand not based
on principles or the polarisation of political forces. In some cases traditional rivals likeCPI
and Jan Sangh became Coalition partners (Punjab). Common minimum programmes
wereadopted but they failed to reconcile basic differences among the coalition partners. Anti
congressismalone could not unite the opposite forces in the coalition. The result was the
instable alliances whichpromoted opportunism and the evil game of defections in Indian
politics. 'Aya Rams' and 'Gaya Rams'were the deciding factor in the making and unmaking of
coalition government.
The coalition experiment also affected the pattern of government and the working
ofparliamentary system. The office of governor that was considered till then a gubernatorial
post becamethe subject of criticism and controversy. His office was used as a tool in the
hands of centre to topplethe non-congress governments in the states. The Chief-Minister also
virtually lost the privilege of beingthe 'Master' of his team (Council of Ministers). His position
was so undermined in some cases that hewas dubbed as a 'Postman' by some mischivous
partners. Above all the position of cabinet wasundermined by the co-ordination committee of
all coalition partners which assumed the role of supercabinet. The neutral character of the
civil services was also affected. The bureaucrats strengthenedtheir position in view of the
weak position of ministers.
15.4 The Second Era of Coalition Politics (1977-96)
The failure of coalition experiment helped the congress party to reform its lost
prestige.Moreover Mrs. Indira Gandhi's radical policies after the congress split in 1969 such
as abolition of privypurses & nationalization of Banks gave her a progressive image. The
"Garibi Hatao' slogan and victoryin Bengla Desh made her a Christmatic leader and she got a
massive mandate in 1971 Lok Sabhaand 1972 assembly election. Congress re-established its
dominance in some of the states where it had lost in 1967.
A basic, change in the coalition politics-emerged after 1972 aware of their inherent
weaknesses,limitations and contradictions most of the non-congress parties started thinking
in terms of acceptingJ.P. Narayan's for the liquidation of their separate identities so that one
strong party could emerge toprovide alternative to the congress. Because of this development
some parties headed by congress (0)contested the Gujrat Assembly elections in June 1974
and formed the first 'Janta Front' Ministry underJ.B. Patel which lasted till March, 1976.
Another instance ofacoalition government in this period wasthe formation of CPI led but
congress dominated government headed byAchuta Menon in Kerala whichtested till 1977.
In fact the second era of coalition politics started with the formation of Janta party
ledcoalitiongovernment at the centre in 1977 under the leadership of Morarji Dasai. Janta
party as alreadydiscussed earlier in the lesson script was an infra-party coalition of different
interests. TheAkali Dal&AIADMK joined the coalition while the CPI (M) supported it from
outside. The Janata coalition also could not survive long and collapsed after two years in
1979 as the constituent parties of the Janta parycould not submerge their earlier identities
and it became difficulttask for the then P.M. Morarji Dasai tobalance the diverse political
elements in the coalition. The regional parties like the Akali Dal andAIADMK also withdrew
their support to the Janta coalition government. Charan Singh formed thesecond Janta (S)
coalition government with the outside support ofcongress (I) but failed to prove hismajority in
Lok Sabha as the congress (I) declared to withdraw its support from the coalition;
PrimeMinister Charan Singh advised the President to dissolve the Lok Sabha which was
accepted andCharan Singh'scoalition government worked as a caretaker government till the
midterm elections heldin 1980. Theseelections ended the Janta coalition era and the
congress (I) once again established itsdominance at the centre as well as in the states in
which it had lost in the 1977 Assembly electionsexcept Tamilnadu. The congress dominance
remained intact after the assassination of Indira Gandhialso. In the 1984 elections congress
(I) got 3/4th majority under the dynamic leadership of RajivGandhi. The government
completed its full term till 1989. But no single party got the majority to; formgovernment. For
the first time the 'Hung Parliament' emerged. A new National front coalitiongovernment was
formed under the leadership of V.P. Singh (third coalition govt. at the centre). Theformation
of coalition government was possible due to opposition unity in 1988 when National frontwas
formed by seven parties the Janta party, Lok dal, congress (S), Telegu Desam, Jan Morcha,
AsamGan Parishod and DMK on Sept 17, 1988. N.T.Rama Rao the leader of Telgu Desam
became the chairman of this front & V.P. Singh theleader of Jan Morcha was made the
convener. Later on 11 oct. 1988 the three parties of the front namely Janta party, Lok- Dal &
jan morcha formed a new party knownas Janta Dal. Thus the Nation from coalition
government had the same support base as the Jantacoalition had. The T.D.P. and DMK
became partners inthe coalition whiletheCPl (M) and BJP;supported it from outside. The
government could not survive long because of the attempts of coalition partners to
strengthen their support base at one another cost. The government collapsed after 11
months because of V.P. Singh's government decision to implement the recommendations of
theMandal Commission with a view to mobilise the OBC's support in its favour. The
B.J.P.interpreted it as an attempt to damage its support base by creating divisions among its
Hindu supporters. The B. J.P. organised a Rath yatra and raised the Ayodhya temple
issuewhichflared thecommunsal passions. BJP withdrew its support to the coalition
government when its important leaders were arrested. Thegovernment had to resign.
A new coalition government (4th) was formed under the leadership of Chander Shekhar
with thesupport of congress (I) It had to resign after 4 months when the congress (I) withdrew
its support to thegovernment, it may be pointed here that both these National front coalition
governments were minoritygovernments. They had not the adequate majority in lok sabha.
They depended on the outside supportof some parties which made the government instable.
The 1991 Lok Sabha elections again led to a hung parliament but with a difference.
This timecongress although did not get the majority but secured 232 seats and 37 percent
votes and was readyto form the government, A majority, congress government was installed
under the leadership ofNarsimha Rao with the support of left parties. However he acquired
the requisite majority later on byengineering splits in other parties and by means of
defections. The case of getting support fromJharkhand Mukti morcha MPS by evil is one
instance. The congress government completed its fullterm.

1. What is Coalitions?
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2. Explain any two reasons of the failure of Coalitions govt. in India.
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15.5 Third Era of Coalition Politics

The third era of coalition politics emerged with the outcome of 1996 lok sabha
elections. The1996 elections were a landmark in the parliamentary history of India. With
hung parliament no nationalparty was in a position to form the government on its own or
with the help of its allies. The congresshad to suffer the biggest defeat as it had won only
136, seats with 28 percent vote, an all time lowperformance. Moreover it lost the number one
position and was relegated to number two B.J.P. emerged as the single largest party in the
house with 160 seats although its vote shore remained at 20percent, which it had secured in
1991 elections with 119 seats. The third force (United Front a combineof National Front and
left Front) and the regional parties fared comparatively better than the congressand the
B.J.P. The NF+LF secured 20 percent while the regional parties excluding the BJP allies
polledand additional 25 percent. BJP being the single largest party in the house, its leader
Atal BihariVajpayee was invited to forms the government. He formed the government with the
help of its allies, butfailed to win majority in the house and after 13 days submitted his
resignation.
The experiment of coalition politics in the third era began with the formation of a new
united frongovernment comprising of 13 parties (many of them rejoined) under the leadership
of H.D.Dev Gowda.The CPl (M) and Congress supported the government from outside; Later
on one more regional partythe National conference also joined the govt. Even the MGR
originally the ally of B.J. Palso joined thegovernment. The regional parties displayed the unity
to join the coalition to fulfill their regionalaspirations. They aimed at having a decentralised
federal structure. The four dominant regional partiesformed the federal front to articulate
regional aspirations and to have decisive say in the decisionmaking process at the centre but
they were free to pursue their own policies in their respective states.The new united front
coalition government was directed against BJP as the earlier coalitions were anti-congress.
The united front government was formed on thebasis of a common minimum
programme. Itstood for decentralisation, federalism, accountability, transparency, equality
and social justice. But itcould not survive long as the congress withdrew its support on
March 30, 1997 after 10 months (theGovernment was formed on June, 1996). The congress
was hoping to form its own government withthe help of its supporters within the united front.
But the front displayed unity and the congess's gameplan was foiled. However congress
demanded the removal of Deve Gowda for renewal of its support tounited front coalition.
Deve Gowda was replaced by Inder Kumar Gujral as Prime Minister but this eventstrained
the relations between congress, and the united front. Ultimately the stand of congress on
therecommendations of Jain commission led to the downfall of united front government. The
congresswithdrew its support to the government on November, 28, 1997. After this, no
political party or alliancewas able to form the government. The 11th Lok sabha was dissolved
and the elections tothe 12th loksabha were held on Feb, March, 1998. Thus the 11th lok
sabha witnessed the formation of coalitiongovernments, one led by BJP and its allies which
survived only for 13 days and the two united frontgovernments which lasted for 10 and 8
months respectively.
The 12th lok sabha was the replica of its predecessor the 11th lok sabha. Again the
hungparliament emerged and no political party could muster majority to form the
government. Again thecoalition government led by BJP under the leadership ofAtal Bihari
Vajpayee comprising 15 regionaland 2 national partieswas formed on March 19, 1998. Telgeu
Desam, Indian National lok dal andNational conference although were not coalition partners
but they supported the government to in voteof confidence. The leaders of Telegu Desam and
National Conference declared to give issue basedsupport to the government. Because of the
support of these parties the Vajpayee governmentcontinued to work. To win Telegu Desam's
support the government elected G.M.C Balayogi, the TeleguDesam member of lok Sabha as
the speaker of lok sabha. The coalition although based on commonminimum programme
could not work comfortably. It was always in the danger of losing supportespecially outside
support. The Coalition partners were pulling the government in different directions.The
coalition partners did not show the same spirit of unity as displayed in the united front
government.Ultimately the government collapsed after 13 months when one of the partners,
the AIADMK withdrewits support. Although DMK which was not the ally of government
supported the government during thevote of confidence but the government lost due to on
vote.
The one vote defeat of Atal Bihari Vajpayee government in 1999 led to another
midterm poll inthe country. The 1999, lok sabha, elections were similar to'the 1996 & 1998
electionsin the sense thatagain the electorate returned a hung parliament. BJP emerged as
the larges party for the third time. Butthis time the BJP alliance, the National Democratic
Alliance' (NDA) got a clear majority (304 seats).BJP's share did not improve much (182 seats)
but it got more allies this time and some of them gotmore seats. Congress and its allies
AIADMK and R.J.D.declined further. So again BJP led coalitiongovernment was installed in
October, 1999.
The government has completed three years and may complete its full term. The main
reason forthis is that the N.D.A came out with a common manifesto before the 1999,
elections and all the alliancespartners declared that they would be part of Vajpayee
government. Even the parties which did not jointhe alliance like Telegu Desam, Trinmool
congress and national conference made it clear before theelections that they were committed
to support the government.
The coalition experiment at centre has failed to provide political stability in the
country. Themain reason for this is the Non ideological basis of the coalition governments.
The main political partiesare not able to enter into principled alliances and opportunistic
alliances are made in which the coalitionpartners are ideologically opposite to eachother. In
1996 in the united front government led by Deve Gowda, some of the coalition partners had
fought elections against each other. Although congress wasgiving outside support to this
government but some of the coalition partners had opposed the congressin the elections. In
the same way many parties in the BJP led coalition in 1998 considered BJP aspolitically
untouchable before joining it. Telgu Desam also gave support to it although it had
beendeclaring BJP as the communal party. As the coalitions are formed on unprincipled
alliances so thesupport is also withdrawn by the partners on selfish grounds. Coalition
politics is based on politicalbargaining especially the regional parties try to gain maximum
benefit for their respective states.
Secondly, there is absence of political homogeneity and violation of the principle of
collectiveresponsibility. The coalition government infact works on the principle of power
without responsibility.This leads to inefficiency in administration as well as policy making;
Thirdly, the position of various political functionaries and parliamentary institutions is
alsoaffected, Prime Minister has a powerful role in parliamentary system but his authority is
diluted in acoalition government. He has no independent say in the formation of ministry and
the distribution ofportfolios. He is under constant pressure of the coalition partners to select
ministers and to distributeportfolios according to the wishes of the leaders of coalition
partners. If their wishes are not accepted,they threaten to withdraw support. As Mamta
Bannerji withdrew support to the present BJP led N.D.A.government when she was not given
railway Ministry.
President who is a constitutional head under the scheme of parliamentary system has
to playactive role in coalition government. When no political party gets the majority to form
government, itbecomes the constitutional duty of the president to see that a stable and able
alliance be asked to formthe government and to ensure that the parties pledging support to
the coalition government are seriousin their claim. The president has also to play a vital role
in taking decision to dissolve the lok sabha,when it has been recommended by the Prime
Minister who has lost the majority in the house. He has towatch the political situation and
see whether any alternative government can be formed or the loksabha has to be dissolved.
But he has to solve the problems created by coalition politics within thedynamics of the
parliamentary system. His legal position does not change. He can exercise the moralinfluence
on the working of coalition government.
Inspite of all these evils of coalition politics it is the need of the present political
scenario. Theneed is to establish healthy traditions for coalitions to work. The political
parties should show maturity towork together for national interest Coalition government was
also formed at the state level after 1977.Thirty one coalition governments were formed during
the period 1977-97. The overage tenure of thegovernment was 14 months. The performance
of the coalition governments was better in comparison tothe earlier experiment during 1967-
71. Coalitions formed in west Bangal and Kerala during this periodwere stable and many of
them completed their full term. The reasons can be explained thus. One, inWest Bengal there
is the dominant position of CPI (M). Second the coalitions are formed on consensusamong
coalition partners on important policy issues. Third, the CPI (M) and its allies have been able
tobuild social coalition at the grass govt, level and by identifying with Bengali Identity.
Fourth, the leftcoalition have provided better governance in the state. In Kerla also, the
coalitions have shownmaturity. The competition between LDF and UDP is so intense that
floating vote is reduced to theminimum. Coalitions have provided an efficientand stable
government in the state which has becamefamous not only in India but as a model of
development in the world. The Akali, B.J.P. coalition inPunjab also tried to provide political
stability to the government which is a healthy sign of coalitionpolitics. Thus coalitions if
based 'on sound principles and clear cut polarisation of political forces can bevery much
stable and efficient.
Conclusion: The party system in India has certain distinct features. In the first place
Indianpolitical parties are not organised on the bases of any strict political ideology or
economic programme. Many parties’ particularly regional parties are organised on the basis
of language, culture and religion.
Secondly: The different between various political parties, in India is not so much
based onprinciples as on leadership issue. For example all the leading political parties except
Swatantra andNaxalities have almost identical views on foreign policy, nationalisation,
participation of workers inadministration. They fluctuate slightly either this side or that of
the policy adopted by the Congress.
Thirdly: There have been no well-organised political parties in India. The various
politicalparties due to their internal factions and mutual rivalry could not present themselves
as effectiveopposition to the Congress. Many a time the opposition parties joined hands
against Congress andformed coalition government in various States but such alliance proved
unstable. The experience of theJanata Party in this connection at the centre has been very
bitter.
Fourthly: There is multiple party system in India like many other countries of the
world. But theworking of party system in India signified that though there is multiple party
system yet there has beenthe dominance of single party, the Indian National Congress, at the
Centre as well as in theStates fortwenty years, i.e. till the fourth general elections held in
1967. The fourth general elections changed thepicture redically. In many States non-
Congress coalition Governments were established. However, theCongress majority at the
Centre but majority in the Lok Sabha was treaty reduced. The oppositionbecame strong in
the meantime theCongress was divided into two groups- Congress (R) andCongress (0) over
the choice of the Presidential candidate in 1969, Lok Sabha was dissolved in 1970and the
mid term poll to Lok Sabha was held in March, 1971. The mid-term poll returned the
Congress(R) again into a dominant position as it hadbefore 1967, Itcaptured 352 seats in the
house of 517 i.e.more than two third of the total seats. A year later it also got majority in
mostof the States in theassembly elections held in 1972. Thus, once again the Congress
emerged as a single dominant partyand ruled the country till 1976 with an iron hand. In
1977 it had to face a heavy debacle in the LokSabha poll of 1977, even greater than in 1967,
It got only 153 seats in a house of 539 while the JanataCFD combine got 289 seats. Thus the
elections ended the Congress party's monopoly of power andpaved the way for a new era in
Indian political system. After thirty years any party, other than theCongress, could get a
majority to from the government at all Central level. However, the JanataGovernment fell in
1979 and mid-term polls (1980) broughtCongress-I Back to power. In the 1984 LokSabha
poll the Congress won an historical mandate by securing 401 seats out of 511*, the
highestnumber since the independence. After two and half years, the inner dissensions in the
party came tothe fore and posed a challenge to the leadership of the party. There were
apprehensions that again theparty was heading towards another split. Although there was no
split but as mentioned earlier the partyhad to suffer heavy losses during 1989 elections. In
the 1991 elections its performance was slightlybetter and it formed the minority government.
In the November 1993 Assembly Elections, the Congressimproved and formed the
government in M.P. and H.P. and in Mizoram with the help of Mizoram janataDal. But again
in 1994 & 1995 the party got a jolt in Andhara, Karnatka, Maharashtra;Gujrat and
BiharAssembly elections.
In the 1996 Lok Sabha poll as already discussed, the Congress (I) had a further
decline and itsperformance in terms of seats was the lowest since independence i.e. just 140
seats. Once againCongress party's dominance ended and a new era of coalition government
emerged with the UnitedFront forming the government at the centre. The United Front
Government could not survive for longand again there were mid terms poll in 1998. This time
also no party got the majority to formgovernment and a coalition government (18 parties’
front) was installed. This coalition government alsocould not last long and again there were
mid-term poll in 1999. There elections also resulted into 'HungParliament'. There was a
further decline of Congress (I). For the third time the BJP came out as thelargest party and
formed the coalition government consisting of National Democratic Alliance Parteners.
15.6 Summary
India is a plural society having diverse religious, injustice, cultural communities.
Therefore, thegrowth of regional parties is a natural phenomenon. The regional parties came
into time light after the4th General Elections when the Congress lost its hold in the states.
The regional parties formed thegovernments in the states on their own or formed coalitions.
Although congress established itsdominance once again but the regional aspirations
continued to be articulated and more and moreregional parties came into being and were
being strengthened in their respective areas. Even thenational parties behaved like regional
parties in the states. With the phenomenon of 'Hung Parliaments'during the lost decades the
regional parties gained importance in the national parties also by becomingcoalition partners
on the central government. By being the central government they barjen for theprotection of
their states interests as well as have their say in the national politics. Akali Dal in Punjab
isone of the strong regional parties, in sands for the protection of the interests of Sikh
community. Itwaged the battle for Punjabi Suba and was successful in getting it formed its
first government in 1967.At present it is an alliance partner in the NDA government at the
centre. It stands for giving moreautonomy to states. DMK and AIADMK are strong regional
parties of South India especially Tamilnadu.The DMK has its roots in the anti Brahaman
conflict in Madras and the outcome of DravidianMovement. AIADMK is the split up group of
DMK. It also formed its first government in 1967 and afterthat it is no going back. In
Tamilnadu since 1967 either it is DMK or AIADMK which has been ruing thestate. They have
also been coalition partners at centre also.
The account of some national parties and some regional parties makes it clear that
Indian partysystem has some distinct pictures Special mention may be made of one party
dominant systemalthough the nature of this system changed during Indira Gandhi's time
and become more authoritarian.The decline of one party dominant system gave way on
coalition politics which is yet to gain credibilityand a maturity.
15.7 References
1. The election in Punjab and Assam (13 and 14 seats respectively) and in two show
bound constituenciesof Ladakh and Mandi were not held and Elections in two
constitutencies were countermanded.
1. Ramesh Thakur, the Government and Politics of India, London, Macmilan Press,
1986.
2. Mehta, V.R. and Thomas Pantham (ed.) Potential Ideas in Modern India, Delhi,
Sage, 2006.
15.9Model Questions
1. Discuss the role of Akali Dal in Punjab. . '
2. Evaluate the Phenomenon of Coalition Politics at the Centre.
-0-
Lesson-16
PRESSURE GROUP POLITICS IN INDIA
Structure
16.0 Objectives
16.1 Introduction
16.2 Nature and Implication of Group Theory
16.3 Varieties of Pressure Groups and Methods of Lobbying
16.3.1 Business Groups
16.3.2 Labour Groups
16.3.3 Agrarian Groups
16.3.4 Community Associations
16.4 Criticism
16.5 Role of Non Governmental organisation (NGOs)
16.6 Pressure Groups II – Role of NGOs
16.7 Summary
16.8 References
16.0 Objectives
This lesson deals with the pressure group politics in India. After going'through this
lesson you will be able to:
 Understand the Group Theory.
 Explain the features of pressure group politics in India.
 Evaluate the working of various group and
 Analyse the role of NGOs.
16.1 Introduction
The study of pressure groups (also known as interest, organised and catalytic groups)
constitutes an interesting as well as an important subject of contemporary politics that has
been designated by eminent writers in various colourful words. It highlights those underlying
forces and pressures through which political power is marshalled and applied in organised
societies, preferably in democracies. It however, does not imply the non-existence of interest
organisation in a society having an authoritarian system for the simple reason that even in a
totalitarian order such groups exist though they are highly circumscribed and thereby "serve
merely as instruments of the State for securing ends which are State-determined, or they
may become part of 'the facade of government of legitimising decision." A line of demarcation
possibly subsists in the degree of involvement. A pluralistic society with a democratic order
recognises the existence of pressure groups and ensures their widest possible participation to
the extent of making them the principle avenues of activity of the 'official administration'. A
totalitarian order, on the other had encourages and permits them to work in a particular
direction congenal to its own interest.
16.2 Nature and implication of Group Theory
Recent studies of the role of pressure groups in the sphere of modern political analysis
have appeared as a refined version of the philosophical and deductive theories of pluralism.
Here the atomistic liberalism of John Locke and idealistic socialism of T.H, Green that had
their clear manifestation in the works of great pluralists like figgis, Maitland, Cole and Laski
has been replaced by what may be called the analytical pluralism of David Truman V.O. Key,
Jrand Earl Latham who have taken inspiration from Arthus Bentley's "The process of
Government1' published in 1908. Truman made an improvement in this regard in his book
'Governmental Process" (1936), V.O. Key Jr. made even greater contribution in this field of
study in his monumental work "Politics, Parties and Pressure Groups' (1943). The group
theorists, as they are called take it for granted that society is a mosaic of numerous groups
living in interaction with each other and that the groups make claims on the government and
the government, in turn, acts as the adjuster of the balancer of the interests of the social
groups.
Obviously, the group theory shows a great deal of interest in the internal organisation
and process of various groups and discusses questions relating to their boundaries, size
territoriality and other forms of integration. Matters dealing, with the degree of organisation,
patterns of control and fluidity of membership are also discussed. Society is described as a
framework within which group struggle can proceed in the presence of certain overarching
boundaries and limits. According to group theorist, the government can be distinguished
from other groups in terms of the mechanics and process of adjustment they provide for the
purpose of handling the on-going struggle for interest groups. The government thus
comprises groups representing within its framework broader social process, as well as
interests and claims thus making available to outside groups a number of points of access, at
which it is open to influence.
A pertinent question may be asked as to what is a group? In simple words, a group
means a collection of individuals. However, in terms of group theory, it has a different
commutation. According to Bentley the author of this theory, a group "means a certain
portion of men of a society taken, however, not as physical mass out off from other masses of
men, but a mass of activity, which does not preclude the men who participate in it from
participating likewise in many other group activities." Truman says that a group is a
collection of individuals which "on the basis of one more shared attitudes, makes certain
claims upon other groups in the society for me establishment maintenance or enhancement
of forms of behaviour that are implied in the shared attitude. The shared interests constitute
the claims." Though one may discover, certain elements of difference between the views of
Bentley and Truman, it may be pointed out that according to both, group", is a mass of
activity directed by interests and social system, which consists of a large number of groups,
make the arena for the interaction of groups activity."
The group theory, thus, leads logically to a particular concept of the' social system
and of political behaviour and it is through the social system that the various groups seeks to
realise or maximise their interests. The society is "a single universe of groups which combine,
break, federate and form coalition and constellations of power in a flux or restless alteration
and is kept going by the push and resistance between groups." Like other behaviouralists,
the exponents of this theory "are interested in the fact that the society keeps going in order to
explain in how it can keep going in spite of the perpetual conflict among groups in which
each is frantically pursuing its own narrow self interest, the theory of a king of automatic
balance of power is brought in, the theory of the balance of the group pressures, as Bentley
has described it."
General Strategy of Pressure Group Politics of India: A study of the Indian politics
from the view point of group theory reveals that just as our society is composed of several
interests groups so our government itself is actually composed of number of groups, these
groups are organised on the basis of some specific interest and, for this reason, that
response and adopt to the structure of power in the political system.
It can also be discovered that our government, like the government of any other 'open'
country in addition to functioning as an adjuster of the over-all group struggling going on in
the social sphere tends to harbour a variety of interest groups that are themselves in conflict
with each other, if for this reason that our government, in the words of Arthur Bentely "is a
microcasm of broader social processes, often a source of interests and claims that become
ingredient in the total political process of society and a multifaceted mass of activity offering
of variety of points of access to outside groups."
It should be pointed out at the very outset that though group theory can be applied to
the study of Indian politics on account of this essential fact ours is a plural society and
democratic state, it can not be applied in a manner as we find in the developed and affluent
countries of the West. It is true that changes in the structure of government relation within
the society and the channels of access available to them. It should also be carefully noted
that ours is a developing country where any study in regard to the public, pressure and
political response should be made in the light of a different political culture that informs a
leading writer like Myron Weiner to designate it as the 'polities' of scarcity' It shall, therefore, be
in the natural fitness of thing to point out general characteristics of the pressure groups in
relation to their role in the politics of our country.
They are:
1. As we have a loose, disorganised and fragmented multi-party system, so we have
numerous groups, big and small with long as well as ephemeral durations of life,
living in conflict with each other, appearing and disappearing in response to the
prevailing condition and above all, riven with shifting political allegiances. Though
we may make a catalogue of such groups for the sake of a convenient study, it is a
rather quite tedious job to present their typological illustration as most of them
may be found cutting across the boundaries of their real political character. Not
merely that, the shifting affiliations of the groups with political parties and the
penetration of the influence of the political leader into the functioning of these
groups further adds to .our difficulty
2. The political behaviour of pressure groups indicates political bi-culturalism. That is
there is the dichotomy of tradition and modernity. In simple words, it means that
while most of the groups try to follow modern developed techniques for the sake of
protecting and promoting their specific interests the financing political parties,
inducing of their" confidents into the legislative and executive departments of the
government, winning over or keeping in good humour the bureaucrats by paying
them in cash and kind and in return for the services rendered by them and doing
much for the sake of achieving their political purposes, they are not wholly free
from the shackles of primordial loyalties. Thus, the element of traditional creates
its own problems. It is owing to this that the functioning of'a group is considerably
influenced by its loyalties to a particular-religion caste or regional issue than by the
consideration of ideological factor or national integration.
3. Organised groups; playing their part in the politics of-country lack
definitepolitical commitments. That is, their political loyalties are shifting leads
to their unstable political culture. Their attitude towards political parties as well
as their faith in strategies and techniques lack definite commitments in respect of
which certain norms can not be laid down. If we' take up the case of business
interests, we shall find that they are divided politically and have conflicting views
about strategy towards particular parties and also about the potential
consequences of the support they give to any of the major parties. Similar is the
case with the labour groups. Leaving aside the case of the Indian National Trade
Union Congress all other groups have been in favour of methods from effective
moderalism to rank militancy.
4. The lack of ideological commitments has its essential consequence in making
most of the groups like anomic organisation. That is most of the groups feel
interesting in creating conditions of anarchy and lawlessness without having any
ideologists consideration. They have less, rather very tittle, faith in the use of
methods like lobbying as; adopted by the groups of the developed democratic
countries they have no hesitation in indulging in activities of mob violence. Strike
is the favourite weapon in their hands that sometimes takes the form of bandhs.
Often there are held demonstration and long hatches. It is on account of this,
that violence has come to occupy a special place in the politics of the country.
5. Unlike the groups' of a developed western country groups in India, have neither an
independent existence, nor do they play an autonomous role in the politics of the
country. They are so much dominated by the weight of political apprehensions that
they desist from openly supporting any political party or its programme. Leaving
aside the case of Congress dominated groups, whether in the world of workers or
students and, some Communist dominated organisations thriving on the
clandestine support of some foreign superpower, all the other groups prefer to live
under the camouflaged, protection of political parties rather than to come all out
openly in the world of polities. The fear psychosis has its indelible effects so much
so that while playing the definite role in the politics of the country, they not only
pretend to be neutral in political matters, they try to change the labels of their
political affiliation in response to the requirements of a: rank opportunistic policy.
While discussing the interaction between the pressure groups and the political process
Kohanete observed. “Thus the interrelationship between the interest groups and the political
process in India is much more complex than' that implied by the early elaborations of group
theory which conceptualized, society as nothing more than a mosaic of interacting groups
which, individually understand" would elucidate the whole. As the Indian case reveals the
political system itself sets the parameters for groups activity and groups can be understood
only as a part of' a larger and more complex set of relationships which compose the larger
political system.
16.3 Varieties of Pressure Groups and Methods of Lobbying
There are various types of pressure-groups in India. There cannot be any particular
basis of their classification. Here we discuss some of the important organised groups.
16.3.1 Business Groups
The politics of business pressure groups reveals this important fact that while in the
Pre-independence days "had to choose between collaborating with a colonial regime that
often had the power to make or break an enterprise and identifying themselves with
nationalist movement." In the post independence period, the organised business in turn
between alignments of ideological pursuits and alignments of convenience between holding
on to what they have left of influence with the ruling party and switching allegiance to some
party whose clear-cut sympathy with private sector ambitions would promise easy success
and certain influence at some future date.
An examination of the historical background shows that the political role played by
business interests in India, whether at the regional or at the national level, is inextricably
tied up with development and role of organised business associations. Thus the history of
business associations should be looked in a manner that finds its start in the establishment
of Calcutta Chamber of Commerce in 1834 and other similar bodies in metropolitan cities
like Bombay and Madras. The founding of the Indian Merchants Chamber of Bombay in 1907
and Southern Indian Chamber of commerce of Madras in 1909 can be cited as further
instances in the same direction, the Marwari Chamber of Commerce (later known as the
Bharat Chamber of Commerce) and Bengal National Chamber came into being afterwards
Though himself a Marwari, G.D. Birla founded his Chamber of Commerce in Calcutta in
1926. In post-independence period, there emerged three leading business groups-Federation
of the Indian Chamber of Commerce and industry- FICCI (having its major constituents like
Indian Merchants Chamber of Calcutta and Southern Indian.Chamber of Commerce of
Madras), Associated Chamber of Commerce (having its major constituent in Bengal Chamber
of Commerce of Calcutta) and its lobby (Centra! Commerce Organisation) in Delhi and All-
India Manufacturers Organisation with its headquarter in Delhi and branches at Calcutta
and Bombay to give voice to the smaller industrialists in India.
As a natural development, Indian business organisation activity sought to influence the
policies and decisions of the Government from the very beginning. For this reason, they
increasing turned their attention towards the nationalist movement in the hope that an
independent India would adopt policies more sympathetic to the growth of the Indian
economy in general and Indian business, in particular. Situation underwent a fundamental
change after the advent of independence. To support or not to support .the only towering
party (Congress) became the crucial question. Moreover, the growing trend of the Congress
party towards socialism under the unassailable leadership of Nehru made the issue more
delicate. All leading industrialists criticised the planning policy of Nehru and looked at his
doctrine of the socialist pattern of society with ample alarm. However, the way, they reacted
to Nehru's socialism show that they took to two different lines. While a great business
magnate like G.D, Birla adopted a sensible and realistic approach in emerging as soft critic
of the Nehru Government, J.R.D. Tata took to the course of making open attacks on the
economic policies of the Congress Government, though both, adhered to the strategy of
appreciating the'Congress misrule'in varying measures.
What is really astonishing about the role of organised groups in Indian politics is that,
in spite of their having anti-socialistic over-tones, they have desisted from tendering open
and whole-hearted support to the rightist parties like Bharatiya Jana Sangh (now the
Bhartiya Janata Party) and Swatantra (now merged with the Janata Party) for the obvious
reason that have looked at both of them as quite ineffective agencies to offer a viable
alternative to the Congress misrule; The organised business has ever studied the issue of law
and order condition as the sine qua non for the conduct of any business activity and thus
come to realise, that none but the Congress can give protection against lawlessness and
anarchy. Confronted with a situation of Hobson's choice, the organised business has come to
take the Congress as the least socialist among all socialist organisations even though it has
proclaimed many things, big and small, in the direction of bringing about a socialist pattern
society.
Let us look at the techniques that the organised business groups employ for the
purpose of protecting and promoting their specific interest. They are direct correspondence
with the government, contacts with the legislators and the administrators, participation in
the consultative committees of various departments, supplying expertise to the minister and
their permanent officials and lobbying that may cover payment of gratification in cash and
kind. None but the European Associated Chamber of Commerce has its organised lobby in
the form of Centra! Commercial Organisation in New Delhi. It shows that the Indian business
groups do not count upon lobbying techniques on the lines of the American counter parts
both on account of financial limitation and the system of the parliamentary government
having been run by an all powerful Congress party. Highly significant is the area of political
funding. What astonishes a student of politics in this regard is that Indian business groups
have paid massive donations to the Congress Party at the time of elections in spite of the fact
it has declared its commitments to bring about a socialist co-operative common wealth in the
country.
Besides these business groups, the multinational companies in India also play the
role of business pressure groups. With the liberalisation of economic policies, their role has
become more significant.
One more business group which is playing an important role in India is that of Non-
Resident Indians. The Non-Resident Indians have formed an Indo-N.I.R. Chamber of
Commerce and culture in India. This chamber pressurises the government for special
facilities and concessions to non-resident Indians. This Chamber has also established a N. I.
R. Lobby in Parliament. Front time to time this lobby has demanded right to vote in India
and right to be selectad in both houses of Parliament.
16.3.2 Labour Groups
As in the case of the business groups so is the case of the trade union politics, the
history of their political involvement, dates back to the pre-independence period. Its start
should be taken from the formation of the All-Indian Trade Union Congress in 1920 under
the leadership of Lala Lajpat Rai. This labour organisation looked towards the emancipation'
of the country as the sine qua non, for its own 'Swaraj' and this became sort of a labour wing
of the Indian National Congress. A split In the A.l.T.U.C. became a natural event when the
communists intensified their activities in the direction of capturing its leadership. By 1928
the Communists managed to establish their control over the Red flag Textile Unions of
Bombay that cleared the way for the seizure of the leadership of the A.l.T.U.C, It happened in
1929 as a result of which the Congress dominated unions broke away to form their Indian
Trade Union Federation. It made the A.l.T.U.C. very weak the result that the Communist left
it to form their Trade Union Congress. Neither the Congress nor the Communist could carry
on their trade union movement effectively after severing their connection from the mother
body the A.l.T.U.C. Their realization of this fact encouraged them to think in terms of
rejoining the A.l.T.U.C. Thus Communists disbanded their separate organisation and
returned to the A.l.TU.C, in 1935 and the Congress dominated labour unions did the same
five years after. The issue of Indian's joining the Second World War became very crucial.
While a section of the workers organised itself into the Indian Federation of labour in 1940
under the leadership of M.N. Roy to render support to the English Government in a war
against Fascism, the Congress dominated unions left the A.l.T.U.C, for every by forming their
I.N.T.U.C. in 1944. Following the pattern of the Congress dominated unions, the socialists
also defected from the A.l.T.U.C, and they formed their Hindu Mazdoor Sabha, while some
ultra-Communists set up their United Trade Union Congress. Thus there "emerged shortly
after independence, four national trade union federation, controlled by one or more political
parties."
The history of the trade union movement in India in the post independence period, has
been quite chequered. Splits after splits have occured in response to the ideological
orientation of the labour unions. As a result, leading political parties have come to have their
labour wings as Congress in the I.N.T.U.C. Communists in the A.l.T.U.C., Marxist
Communist in the UTUC, Socialists in the Hind Mazdoor Sabha and Jana Sangh in the Hind
Mazdoor Parishad. Apart from these major organisations, there are numerous affiliated as
well as unaffiliated local organisations. It has ever intensified for the demand for the
unification of the labour wings and also made the trade union movements accused to being
parallel to the fragmented party system of India.
So far as the subject of techniques is concerned, the trade unions have been in favour
of diverse stands from the sensible points of moderatism to the insensible point of extreme
militancy. Three distinct directions can be discerned in this regard. While the Congress
dominated INTUC has been 'workers' support to the Congress, government and for this
reason it has adhered to an anti-strike policy, the Marxist-communist-dominated UTUC has
been for strikes with a view to paralyse the Congress rule with the support of the Hind
Mazdoor Sabha that has equally found favour with militant methods in the forms of bandhs
and gheraos. The Communist-dominated A.I.T.U.C. has followed the opportunistic strategy
of being in and being out, that is taking to this line or that as it considered best in the
direction of support the Congress government on one and opposing it on another occassion.
16.3.3 Agrarian Groups
Study of the agrarian interest groups in relation to their role in the politics of India
leaves the impression of a very low political culture. While the trade unions can be accused
of being poorly organised with a heavy membership turn-over on the midst of limited and
irregular dues payments and mainly following the policy of the agitating for demands by
adopting the techniques of strikes, demonstrations, gheraos, bandh etc. The case of the
agrarian organisations is still more hopeless in view of the fact that the peasants in this
country have not been able to organise themselves, and where they could do it to some
extent, the organisations have not been strong enough to articulate their interests inspite of
their larger number. It is equally true that if only they could unite, they would be able to
influence political decision to a considerable extent if not alter the policies of the country
completely. While Industrial labour and blue and white collar workers in India have been
able to make their presence felt. It is all the more a pity that peasants have not been able to
get their due".
The week end almost disorganised agrarian movement in the post-independence
period is a legacy of the past. While the All-India Kisan Sabha is the oldest and the largest
national organisations, that claims to speak for the peasants cause there are numerous
peasant organisation in the country having local and regional bases and pulling in different
directions on account of the attachment with different political parties. The names of such
organisations are; Hind Kisan Panchayat controlled by the Socialists and United Kisan
Sabha controlled by the Communists (Marxist) of the country. The resolution of the Indian
National Congress Party in regard to co-operative farming system and State trading in food
grains' created a new wave of reaction that resulted in formation of the Swatantra Party with
whose help some new organisations came into being to fight for the cause of agriculturists,
the most important of them being the all India Agriculturists Federation and the Khedat
Sangh of Gujarat. In 1967 the CPM organised Revolutionary Peasants Convention with the
idea that any revolution in the country must be spearheaded by the Kisans. It is this kind of
an idea that gave birth to the extremists Nanalbari movement to create revolutionary
peasant bases for the ultimate seizure of power.
What is peculiar about the politics of agrarian organisations that most of them fell
under the charm of caste, regional and ideological trimming that forced them either to live in
close affiliation with some political party or to enhance their status from the position of a
pressure group to that of a politicalparty. The names of the Jharkhand Party in Bihar and
workers and Peasants Party in Maharashtra may be cited in this regard. The agrarian
interests received in the background when caste and regional interests came into the
forefront. The Kisans of the Telengana region, for example, became more interested in having
a separate State of their own instead of fighting for the cause of the Peasantry. In addition to
this, what also effected the movement of the peasant association was their rural-based
character given with the evil of factionalism. It is due to this that the peasants failed to unite
and thus to articulate their special interest qua Kisans: they were any things but pressure
groups. They were not even interest group because, though called Kisan groups, there were
too many pulls in other directions, especially from the caste and ideological considerations.
During the recent past to Bhartiya Kisan Union has been trying to articulate Kisan interests
in an impressive manner.
16.3.4 Community Associations
Under this head, we may take up the case of several organisations playing their part in
the politics of the country, no manner they have their bases in the religious, caste, tribal
linguistic and ethnic factors. Even the student and youth organisations can be covered here
as these have a community of their own. While referring to the case of religious groups, we
may mention the names of Shiromani Akali Dal and Arya Samaj in Punjab, Muslim League in
Kerala, Muslim Majlis-e-Mushawarat in Uttar Pradesh, Anglo-Indian Association, and
Association of the Roman Catholics etc. It is a different thing that some of the religious
groups like Akali Dal and Muslim League may be treated as political parties in view of their
open political commitments and unpretended role in political matters. While taking up the
cases of caste associations we may deal with the D.M.K. in Tamil Nadu and Jharkhand in
Bihar. The Naga National Council constitutes a case of tribal organisations. The Jharkhand
party along with its breakway wing the Jharkhand may also be placed in this category.
Finally, while referring, to the cases of students and youth organisations, we may mention
the names of Students + Federation, Samajvadi Yuvjan Sabha, Akhil Bhartiya Vidyarthi
Parishad and National Students Union of India etc.
A very long list of community associations can be prepared in order to deal with the
role of institutional as well as non-institutional organisations. These organisations may be
placed in four categories-institutional, associational, non-associational and anomic. However,
such a division shall be just a tentative affairs as most of the organisations cut across the
boundaries of each other, it should be further pointed out that a cursory reference to such
organisations will be enough and that their so-called, political role needs interpretation in
view of the fact that many of the political movements present in India" are political overflows
of community tension.
16.4 Criticism
What we have seen so far shows that several interests groups operate in the Indian
political system in order to protect and promote their specific interests despite the fact that
they are like loose, dis-organised and fragmented organisations having some common
political commitments. We have also seen that most of the groups should be treated as
anomic organisations, since they are more interested in creating conditions of lawlessness
without any regard for ideological moorings. However, the most important fact of the politics
of interest groups, should be discovered in their being and operating in a constellation
system in which Congress occupied the position of the central planet. It was none but the
Congress ground which all other political parties, with interest groups revolving around
them. Thus, it depended upon the capacity of a group to take as many rewards as possible
by revolving around the Congress regardless of its numerical strength, it was on account of
this fact that a better group was organised and more it was able to exert its pressure, the
more could affect the decision making process of an amorphous organisation like the
Congress.
While critically discussing the role of the interest group in the Indian political system
an important point should be borne in mind. The existence and articulation of organised
interest groups in our political system, as in any other democratic system of the world, may
be construed as a sinister development or as an exercise in partial as opposed to total
representation and the interplay of unprincipled and corrupt forces under-mining the
existence of what Rousseau called the General will. In the politics of the pressure groups, it
is the shrewd and corrupt leadership that enjoys a position of special advantage. This is
general criticism that can be applied to the role of pressure groups in any political system.
We can safely assess the point that what the Congress party of India had defined
during its Raj was that no serious challenge should come to its power from the side of any
other party and group. For this sake it has either managed to weaken its opponents by the
charm of its resources, or seen to it that they play a role that is sensible and responsible but
by no means formidable to its position. The only viable solution to this political problem is
that the legacy of Nehru, that the Indian people must be able to govern themselves, be
fulfilled. Let us, therefore, "hope for the day when trade unions and peasant organisation will
not be controlled by outside leadership when caste; tribal and linguistic and religious
organisations will disappear. When all political groups will cease to agitate and will direct
their energies towards developments activities, when a sense of responsibility and rationality
will pervade all political controversy.
16.5 ROLE OF NON-GOVERNMENTAL ORGANISATIONS (NGOs)
Non-governmental organisations (NGOs) are playing a very crucial role in the process
of development in the social sector in the country. Considering the magnitude of the
problems that our country faces at various levels, no government can cater to the needs
independently even if it spends huge amount of money for the purpose. Involvement of NGOs,
civil society and people in the process of development to supplement the activities of
government is an important factor.
Background: Voluntary movements In Pre-lndependent India
India has a unique tradition of social work. The beginning of nineteenth century saw
the starting of social reform movement in India. A number of voluntary organisations came
into existence during this period. For instance, Brahmo Samaj was established by Raja
RamMohan Roy in 1828. Another social reform organisation, Arya Samaj was founded by
Swami Dayanand .Saraswati in 1875 in Bombay,' Mahatma Phule founded Satya Shodhah
Samaj in 1873 for the upliftment of depressed classes, Another voluntary organisation called
Arya Mahila Samaj, which worked for emancipation of women" was established in 1880. A
home for widows was started in Madras in 1898. Subsequently, Ramakrishna Mission,
Servants of India Society and Friends-in-need society have emerged to take care of welfare of
the women children and downtrodden classes. This voluntary action in twentieth century can
be considered as based on the foundation of social reform and social welfare in the
nineteenth century India.
The Concept of NGO
NGO was not in general currency before the UN was formed. When 132 international
NGOs decided to cooperate with each other in 1910, League of Nations officially referred to its
liasions with private organisations. Many of the bodies of that time referred to themselves as
international institutes, international unions or simply international organisations.
Types of NGOs
The role of NGOs in voluntary sector of development can be listed in five categories :-
First is that of a public service contractor, who provides services for a fee in areas like
education, where NGOs can before effective than the government.
Second is as collaborator with the government and private sector in activities like
watershed management, where community participation is essential.
Third is a social innovator, experimenting with new technologies, service (such as
small savings of self-help groups) and methods of social organisation.
Fourth role of NGOs is as social critic and policy advocate of specific issues.
Fifth category of NGOs helps build civil society institutions, which enable and
strengthen people's organisations.
Popularly the NGOs are known though several terms as follows:-
GONGOs: Government NGOs largely responding to government scheme.
DONGOs: Donor-driven NGOs ,
FANGOs: Family-led NGOs are termed as Fangos.
PONGOs: Politically-driven NGOs are called Pongos, and
CONGOs: Commercial-driven NGOs are referred to as Congos.
Reach of NGOs
Success of any development initiative depends on appropriateness of the activity and
reaching out to the real beneficiaries. NGOs play a vital "role with their policy of
"Participatory" development. Being in close contact with the community, NGOs implement
need-based programmes that benefit people at the bottom of the society. Government of India
has realized the critical role of the NGOs and assigned to them a place of prominance in the
implementation of development programmes. Juvenile Justice Care and Protection Act 2000
is the best example of such a parntership.
Despite the commendable efforts of NGOs there are certain pitfalls and the NGOs are
not free from criticism. The substantial increase in the number in recent years has brought
doubts on the credibility of many organizations. The rise spurious NGOs has affected the
image of the sector. For example, Bihar alone has 17,000 NGOs yet Bihar remains the most
backward state in India. Another example is about government grant: in 2004, the Ministry
of Tribal Affairs of the Government of India sanctioned 40 lakh rupees to a Jharkhand -
based NGO for undertaking development work, but soon after releasing the money, the
Secretary of the NGO transferred the whole amount to his individual account and the
organization collapsed in Mizoram, the state government has blacklisted more than 800
NGOs for keeping direct link with extremist groups. These instances and many others have
created doubts and raised questions regarding the issue of credibility of NGOs.
Due to these pitfalls, many social activists believe that what is needed in India and
PEGNGOs, (or people's NGOs) which can with .stand phasing out of or withdrawal of donors.

1. Define NGO.
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2. What is pressure Groups.
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NGOs and Voluntary Action

The modern notion of voluntary action has its origins in Protestant Christianity.
Conceptually, it just means anything we involve out of our own choice without any
compulsion. Having a purpose or meaning in the action is important for an action to be
voluntary. The need for voluntary action arises when individuals feel that the existing socio-
political and economic structures of the society are not paying sufficient attention towards
some aspects of the society. Or it could be that those structures are not in a position to
respond to some issues arising in the society. The motivation to do such action is very often
unrelated to one's self-interest.
However, Rajni Kothari argues that voluntarism is the essence of Indian civilisation.
He argues that the core of the Indian civilisation is cultural rather than political. He further
argues that historically in India states were always marginal and limited in their sphere of
action. The real functioning of the society was enabled by voluntary organisations that are
based on caste, religion and commercial interests. He also claims that "If one says that
voluntarism has been an enduring feature of India, it only means that many people at many
places are engaged in multifarious action without being asked to do so by an external agent-
political bureaucratic or market-propelled. The perception of a dichotomy between state-
directed and voluntary initiatives has arisen only in recent decades after the modern state
and its institutions either began to impede the voluntary ethos or Indian society or forced
themselves on what people did on their own". So Rajni Kothari finds the contemporary
interest in voluntary action as something like going back to indigenous Indian tradition of
community management of social life.
Now let us have a brief look at the present day voluntary organisations, which are
considered synonymous with Non-governmental Organisations, though there is a suitable
difference. NGOs are not the only form of voluntary action. NGOs could be a part of voluntary
sector. Being non-governmental is only one among the many aspects of voluntary action. The
activities of the Christian missionaries in providing health, education and various other
facilities are also viewed upon by some, to be the first of voluntary actions in India. But their
marked difference lies in the value framework within which they function. Their services are
located within the Christian worldview of spreading the message of Christ and ensuring
redemption to all. The contemporary NGOs have their origins in 1970s and 80s. This is the
period when the state initiatives were increasingly being looked at with skepticism. It was a
response and reaction to the failure of the State and its policies. From then on there is a
virtual multiplication of NGOs. Though only about 15,000 NGOs have been registered, it is
estimated that their number could range anywhere between 50,000 to 1,00,000. NGOs are
increasingly being viewed as having an indispensable role to play insupplementing the
developmental initiatives of the state.
The co-opting of NGOs by governmental agencies in implementing its policies has
evoked 'mixed response from the scholars. While some view it as a positive development some
do not share this view. They feel that this is an encroachment in the sphere of civil society by
the state and it is done by the state for encouraging neo-liberal agendas. Sarah Joseph
claims that "the spurt in voluntarism, or" what came to be called 'grass roots polities', after
the emergency in the late 70s provided the hope for a while that a new style of politics was
emerging which would regenerate democratic institutions in India. A more participatory
model of democracy would emerge it was hoped: as a result of popular pressures and the
work of voluntary organisations which were involved in organising and mobilising the people,
was extolled. Their intervention could, it was felt, help to articulate the need and priorities of
the people and lead the state to devise more people-friendly schemes". Though the
governmental and the international agencies also have noted the phenomenon of grass roots
activism and the role of NGOs, she points out that the official interest was in using them as
sum-contractors for more targeted and efficient delivery since it was felt that they might be
more committed and honest and acceptable to the people than the bureaucracy.
The importance of NGOs in the developmental terrain does not, however, lie in the
quantity of their work but in quality, As Anil C. Shah and Sudarshan lyengar point out, there
have been many instances where the people once served by the NGOs subsequently demand
the same standard in the performance of the government apparatus and agitate for the same.
Though, by way of quantity their share has been negligible when compared with that of the
government, the quality of the work done by them is impressive. The works done by the Aga
Khan Rural Support Programme (AKRSP) in Gujarat is telling in this regard. They propose six
parameters in judging the quality of NGO activities which are as follows:
(i) People's participation
(ii) Technical excellence
(iii) Cost-effectiveness
(iv) Equity-concern for the deprived, and for women
(v) Institutional, financial and environmental sustainability
(vi) Accountability
They argue that the greatest of the NGOs is their approach and method for enlisting
people's participation. "Working information in a friendly manner, they do not undertake
development as government agencies generally do, with the primary concern being the
achievement of a certain target' irrespective of the needs and priorities of the people", this
shows the need for a change in the attitude of the government agencies involving in the task
of development. However the emphasis on the attitude instead of larger socio-economic
structural changes is seen by the advocates of a radical change as a neo-liberal conspiracy to
legitimise its expanding role and also to ball out the state, which is collaborating to this
effect.
16.6 PRESSURE GROUPS II - ROLE OF NGOs
Role of Non-Government Organisations (NGOs)
Besides the political parties and the pressure groups, the non-government
organizations (NGOs) have been important role in the last few years in India. Because of
ideological vaccum in society, the role of NGOs became all the more crucial. The NGOs
claim to be working for the disadvantaged and the poorer sections of society. They are seen
as idealists and the conscience keepers of our society outside the corrupt world of electoral
politics. "Conceptually voluntary organisation derives their strength from being near to the
local communities having roots in the life of the people. Being non-bureaucratic, they are
able to introduce innovations and experimentation in organisation of services and securing
participation of people, in the organisation of service and are able to collect funds from the
community for sustaining services.
The NGOs cater to various types of services and there are numerous NGOs working at
different levels in the country. According to Madhu Kishwar NGOs can be divided into two
broad categories. The ' first are NGOs which are providing valuable services to specific
vulnerable groups and communities. Outstanding examples to this kind include SEWA in
Gujrat headed by Ms Ela Bhatt and Mazdoor Kisan Sangharsh Samiti in parts of Rajasthan
led by Ms. Aruna Roy. They tend to provide the most constructive critiques and suggestions
for economic and political reforms. The second kind of the - NGOs are those whose main
tasks seems to be to hold and participate in conferences and workshops, 'networking' and
propaganda campaign in the media and lobby at the national and international level on
various issues. They have vast resources available to them both from foreign and
government funds but they do very little concrete work. The leaders from these NGOs have
become very important because of their connections in the media bureaucracy. In the recent
years, they have come to form a powerful lobby, against economic reforms. They oppose
liberalisation and campaign to prevent the entry of foreign capital and collaborations
between Indian and foreign companies but strangely they themselves accept foreign aid and
encash on India's poverty abroad. They propagate the view that priviatisation will lead to
large scale unemployment, insecure conditions of work for workers and fall in real wages of
workers. They allege that many welfare benefits for the poor will be withdrawn and as a
result there will be worsening of health services and denial of access to the poor in the
sphere of education and other civic services. They are of the view that state is the primary
vehicle for social engineering and ordinary people have not the capacity to resolve their
conflicts. They still favour the state socialism in India although it has been discredited all
over the world including the socialist and the communist countries. Although they criticise
the government for introducing liberalisation and privatisation but they depend on the
government for their survival and get funds by aligning themselves with the bureaucracy
which wants status quo and not change in economic policies. The NGO documents opposing
economic reforms currently have been prepared by NGOs working on woman issues. The
major documents came out of the United nations Conference on women held in Beijing
(China) in 1995. A perspective from the Indian Women's Movement and the Economic
agenda'. Both are attacks on economic reforms.
The reality is that globalization of market economy and the process of industrial
development by relaxing government control has created a more suitable role for NGOs to
play in the development process in India especially in the field of social welfare. There is a
thinking on the part of government to handover the management of the programmes of
social services, especially where direct contact with people living marginally is involved, to
voluntary organisations. Already the system of grants-in-aid by the Central Social Welfare
Board and by a number of Ministries including social welfare, Health, Human Resource
Development and Labour has been introduced. By this system the voluntary sector has been
facilitated to help the development process in more effective manner. But it has also affected
the spirit of innovation and experimentation. The voluntary organisations getting grants
have lost their independence of operation.
Therefore it is necessary to examine the capacity and voluntary nature of operation of
NGOs before transferring services to them. Transfer of management of government services
calls for mutual understanding and trust among the bureaucracy and voluntary agencies or
the NGOs. There is a mutual distrust and suspicion among the NGOs and the bureaucrats
especially at the local level. As far as the NGOs are concerned they traditionally consider
government to be rigid stubborn and unhelpful in its attitude. The bureaucrat's view NGOs
as very small and adhoc kind of organisations. The reason being that there have emerged
some bogus organisations as NGOs who only want to have the government funds and they
are not really interested in the social uplift. But this attitude of mutual antipathy needs to be
changed in the present set up in today's context, especially in social sector, the government
and NGOs should play complementary role in achieving effective and sustainable
development. There are some NGOs who are not interested only in funds but they want to be
associated with a development scheme/since they feel they can contribute to make its
implementation more effective. Such NGOs raise their own resources and at times depend
upon national and international agencies for funds. There is also misgiving about NGOs that
they can implement only small projects and cannot operate large scale projects which require
professionals and managerial skills. However this theory has been proved a myth, in many
countries NGOs have been successful in big operations also. In Bangladesh, Bangladesh
Research Action Committee (BRAC) is currently running about 25,000 primary schools
virtually a parallel programme to the government effort. BRAC is a professionally run
organisation just like any private sector firm. In India, too there are many large scale
organisations which not only do the mobilisation activities but do the constructive activities,
in Madhya Pradesh a NGOs named Eklavya has taken a big turn in the field of education in
the state. It has made a programme for schools in science and social sciences which is going
on in'14 districts of M.P. today. It has evolved innovative curricular, teaching methodology
and educational .material for sciences, social science, primary and non-formal education, it
proceeds with the understanding that the science and technology are powerful instruments
of change and development. From primary education programes to science popularisation,
from technical education to environment monitoring "Eklavya" has a vast area of work. It is a
non-profit voluntary organisation. It does not accept any foreign funds or any other
institutional funding. It raise its own funds through sale of publications and toys with local
material for encouraging scientific temper amongst children.
Thus the role of NGOs in the developmental process cannot be denied. All services of'
education, vocational training, food and nutrition, health and recreation can be provided by
NGOs in more effective manner by their active participation. If transfer of certain services is
to be made to NGOs, this should be made initially only in the areas in which NGOs can work
with ease and efficiency, adopting humane and caring approach towards the marginalised
and the down-trodden. These services may cover child welfare, women welfare, welfare of the
scheduled castes and scheduled tribes and other backwards classes. All these services are
meant to empower people with self-reliance generating an atmosphere of growth.
16.7 Summary
A pressure Group is a collection of individual which on the basis of one or more shared
attitudes makes certain claims upon other groups in the society and puts pressure on the
government for the protection of its interests. In India pressure groups look definite political
commitments as well as lack of ideological commitments. Unlike the groups of a developed
country in India group have neither an independent existence nor do they play on
autonomus role in the politics of the country. However there are numerous pressure groups
both big and small, organised as well as anamic which try to interact with the political
process in the country. Different group employ different techniques and strategies for the
promotion of their interests. These include petitions, propaganda a lobbying strikes, strikes
and use of violence. Business groups have been very successful in India although India
adopted the mixed economy path of development. They have large financial resources at their
disposal and by having direct correspondence with the government and by lobbying they
have been able to protect their interests. Labour unions have shown their presence in the
politics of working class. The peasant groups although are not well organised but they are
trying to articulate their interests, in an impressive manner. Besides theirare many
professional groups. There are many community associations which are based on religions,
caste, tribal, injustice and other factors which have informed the Indian Politics.
Besides pressure groups there are NGOs which claim to be working for the
disadvantaged and poorer sections of society.
16.8 References
1. For example Prof, S.F. Finer calls it 'anonymous empire' D.D. Mckean names it
'Invisible Government and Theorstein Sellin and Rechard D. Lambert designated it
as unofficial government.
2. Apreclaim Holtzman Interest Groups and lobbying.
3. See J.C. Johari, 'Comparative Polities' E.J. 11 p. 330
4. Benard E. Brown, 'New Direction in comparative polities', p.16.
5. S.P. Verma, Modem Political Theory p. 151.
6. Bentely "The Process of Government A Study of the Social Pressures' p. 211.
7. David Truman, "The Government Process" pp. 33-34.
8. S.P Verma. 'op cit p. 248.
9. Latham, "The Group Basis of Political A study is Basing Point Legislation p. 49.
10. S.P. Verma, op.oit. p.249.
11 Stanley A. Kochanck, Business and Politics in India. P. 52.
12. O.R. Young System of Political In India, p.85.
13. As Myron Weiner defines : "An anomte outburst is enclanriea and is analogous to
the tantrum of a child where violence is directed at all objects reach" op. cit. p. 204'.
14. S.A. Kochanek. op cit.p.xii. '.
15. Myron Weiner. 'op cit. p. 105.
16. See. J.C. Joohari. "Organised Business and Indian Stastology" in 'Journal of
Constitutional and Parliamentary Studies, 'New Delhi Vol. VI. No.1. 1972 p.115.
17. Mycon Weiner op. cit p.22
18. Harold Crough. "Trade Union and politics in India, p.239.
19. D.N. Singh. "Pressure Group politics in India. A Case study of the Peasent
Organisations". In 'Journal of the Society for the Study of the State
Government.'Varansi. Vol. No. 2. 1974.
20. Myron Weiner op.eit p.41
21. Myron Welner op.eit. p.226;
22. Role of NGOs in the Changing Public Management Scene, Member C. Nanavatty.
The Indian Journal of Public Administration, Jan, March 1996. p. 18.
.
23. Madhu Kishwar, Mave Grouses, Will Travel NGOs as Unscruptous Poverty Peddlers,
Times of India. August 24, 1996.
24. NGOs and Government: The need to work together, Parameswaran Iyer, Economic
Times, Jan. 2, 1996 p-4.
1. Ramesh Thakur, The Government and Politics of India, London, Macmillan Press,
1986.
2. Mehta, V.R. and Thomas Panthom (ed.) Political Ideas in Modern India, Delhi,
Sage, 2006.
1. Discuss the role of pressure groups in India Politics.
2. 'Evaluate the working of Business Groups in India.
3. Discuss role of NGOs in supplementing the developmental task of the
Government Agencies.
******
Lesson-17
FACTIONALISM AND DEFECTION IN INDIAN POLITICS
Structure
17.0 Objectives
17.1 Introduction
17.2 Definitional and Conceptual Problem
17.3 Causes and Motivations
17.4 Remedies and Resolutions
17.5 Anti Defection Act
17.6 Summary
17.7 References
17.0 Objectives
This lesson deals with the problem of defections in Indian politics. After going through
this lesson you will be able to:
 Understanding the politics of defection and its causes ;
 Know the remedies to solve the problem of defections; and
 Evaluate the Anti-defection Act, 1985.
17.1 Introduction
The most significant development in the post fourth general election period were the
formation of many coalition government of widely hetrogeneous element and the continuous
process of changing party affiliations by legislators in large number thereby affecting the fate
of ministers and the course of politics. Newer and newer combinations of group and parties
came into being, in many cases. 'Operation alliance' and 'operation topple' continued side by
side. During 1967-1973 some 45 State Government were toppled in quick succession with as
many as over 2,700 cases of defection by legislator. Over 60 percent legislators all over the
country were involved in the game, many of them changing their affiliations more than once
and some of then as many as four times within a year.
With an average of more than one legislator changing his label each day' and for some
time about one government falling each month it is not surprising that the subject came to
be discussed rather widely even though somewhat loosely by intellectuals, legislators,
politicians and others. Although an Anti Defection Act was enacted under 52nd Constitution
Amendment 1985, still the problem needs a thorough study. .
17.2 Definitional and Conceptual Problem
After all what is this much talked about politics of defection? Do we have any accepted
definitions of the terms an concepts involved? The truth is that not only is there on common
agreement among politicians scholar, political parties of official governmental circles about
the definition of the phenomenon, but also there is no consensus even on the precise term
used to describe this process of crossing and recrossing of floors. No doubt the term politics,
of defection, has now gained currency. It is still open to questionwhether at all it
comprehends the diverse ramification conveys the ambit and sweep of the process intended
to be described. In the discussion of the subject some of the different terms used are crossing
or changing of floors, carpet crossing political turncoatism, the politics of musical chairs, the
politics of opportunism, the politics of defection etc. But these words and terms do not mean
the same thing. That they are used to cannot the same phenomenon is unfortunate and a
part of the general looseness of thinking in which we so often indulge. The traditional term,
of course, is floor-crossing. When we talk of floorcrossing or changing the floor of the House,
what is meant is that a legislator moves over from the side of the government to the
opposition side or vice versa. In this besides his own, the fortunes of at least two parties one
of them being the ruling party may be involved. Such floor crossings are a recognized
phenomenon parliamentary practice. But the concept floor-crossing presupposes a system of
political polarization which does not exist in India. Also there can be no crossing the floor of
the House outside or away from the floor of the House while by far the large number of
changes in the political affilations of legislators in India have been effected outside the House
of Legislatures and often far away on the streets, at Raj Bhavans, outside the state in the
union capital, through signed memoranda and counter memoranda, at press conferences, at
public meetings through statements to the press and in many other ways. There is also the
problem the many changes of affiliations by legislators from one party to another on the
same side of the House i.e. the legislators leaving one constituent party of a coalition ministry
and joining another constituent party in the same ministry or of leaving one party in the
opposition to join another on the opposition side itself. While the term floor-crossing cannot
obviously comprehend all these facts of the phenomenon and may not, therefore
appropriately convey an idea of the nature and the dimensions of the problem, other terms
would appear to be no less unsatisfactory.
Change of party affiliation or allegiance as such can be made by any party member at
any time without him being member of any legislature and such change would not have any
effects on either the party position in any house or on the government of the day. It might
also be done on the eve of impending elections, for example, upon refusal of a party ticket,
also it would cover cases where legislation joins a party after being elected as an independent
or becomes an Independent after elected a party-man.
In military vocabulary, the term defection is used to describe the desertion or
running away of a soldier from duty. Running away from one's own country to another an
account of strong political differences with the government or to escape some punishment is
also called defection, in a broader sense, the word defection would denote the act of
"abandonment of one's leader or side cause" or of departure as serving of one's association
with a particular party, person or group. But this would not necessarily include or imply the
further act of transfer of the allegiance to another party, group or leader in this present
context, however, detector is a person who repudiates the label under which he contested
the election. In itself and apart from the context, according to Webster's Dictionary, the term
'defection' gives no certain indication of motive though at time, loss of confidence may be
indicated the difference between defection and desertion is that the latter suggest a base
motive and also presupposes an oath of allegiance or duty or an obligation to guard protect
or support. A person may restore to defection out of personal disillusionment disgut,
disappointed or as a result of what is often termed euphemistically as the prodding of this
conscience and the like. But after leaving the party with which one has been associated, one
may well choose to remain unattached. There are also other situation involving independent
members, e.g., where an independent member joins one of the parties, with a view to
strengthening it, if it already forms the government or of enabling it to form a government
by outsting the government of the day. On a strict construction, these situations would not
be covered by association in the presence context.
The Lok Sabha resolutions (December 8, 1967), recommending the setting up of the
Chavan Committee had actually spoken, of "the problem of legislators changing their
allegiance from one party to another and their frequent crossing of the floor. It did not use
the term'defection'. Also, it was obvious that it did not seek to cover the independents joining
a party or payment renouncing their party membership to become independents. So far as
term 'defection' was concerned, it soon came to be widely accepted in the committee which
itself became know as the Committee of Defections and its report was published as the report
of the Committee on Defections. The definition of the term defector recommended by the
Committee was as follows:
"An elected member of a legislature who had been allotted the reserved symbol of any
political party can be said to have defected it, after being elected as a member of either House
of Parliament or of the Legislative Council or the Legislative Assembly of a State or Union
Territory, he voluntarily renounces allegiance to, or association with such political party
provided his action in not in consequence of a decision of the party concerned.
Unfortunately, this was a highly restricted, discriminatory and in many was
unsatisfactory definition. No wonder, therefore, it did not find general acceptance. The
Committee was aware that "not an inconsiderable part of the political instability can be
directly or indirectly traced" to the role of independents and their attempts to bargain and
balance between parties or combinations therefore. But somehow, it ignored the
independents completely while formulating its definition. The committee's definition left the
independents free to join any party-even a party against whose candidate one may have won
the election on an anti party platform without being considered defectors. Such a definition
put a premium on legislators remaining independents and could result in more of them
preferring that status and manoeuvering that fall and formation of governments from outside
the parties.
Some members of the Committee of Defections has suggested a further narrowing
down of the definition to cover only the movement of a legislator from the Opposition to the
government or vice versa i.e., confining it to floor crossing strictly speaking. Any such narrow
definition would, however, be open to even more objections in as much or it would be
discriminatory and hence violative of the Constitution, it would not be based on any criteria
or principles and above all it would be impracticable.
The term 'defection' in our view, should be understood to mean any change of label
and should include all cases such as (i) that of leaving a particular political party after being
elected as a legislator on its ticket and joining another party, (ii) or resigning from the party
but remaining independent thereafter, or (iii) of joining a particular political party after being
elected as an independent. Legislator who vote against their party in the Legislature on basic
issues without actually resigning from the party should nonetheless be deemed to be
defectors. Irrespective of its dictionary meaning, the term 'defection' would thus mean and
include both an act of disaffection with one's party or independent platform as also of
developing a new political allegiance, either by out-right joining the other party or by voting
with it and against one's own party. It would cover changes of party affiliation both from the
opposition to the government side or vice versa as also changes as between the parties on the
same, side of the House i.e., between the constituent units of a coalition government or
between the different parties sitting on the opposition benches.
17.3 Causes and Motivations
In view of the magnitude, ragne and character of the acts of defection indulged in by
the Members of Union Parliament and State Legislatures, more particularly during the 1767-
73 period, it becomes necessary to consider the phenomenon realistically-defections are, in
fact, the product of the various socio-political complexes under which we operate and have to
be accepted as a hard sociological reality. Sermonizing or condemnation is not going to lead
us anywhere. We cannot look for help from elsewhere either, it would be quite wrong to think
in terms of set theories to formulate which may have had relevance in other time. The real
causes for the wide-spread spectacle of defections and counter-defection are historical,
institutional and motivational and often a combination of all three.
The root cause perhaps lies in the history and nature of our political particularly, the
Indian National Congress which was at the same time something much more and much less
than a political party it was never free from factions of various sorts. By 1967 factionalism
reached serious and threatening proportions and defection were, to a considerable extent,
and outgrowth of these longstanding internal rifts which got accentuated in the post 1967
period. What provided the major and immediate incentive for the large-scale defections in
various State legislatures was the somewhat unexpected and phenomenal success of the
opposition parties at the polls their emergence in such strength as to be able to form, alone
or in combination alternative governments to the Congress in some half the states of union.
With the strength of congress and of the combined groups of opposition parties somewhat
evenly balanced in several States, every single legislator became what may be called a
'marginal legislator' able to play the game of 'brinkmanship' and not unoften to quote his own
price to cross the floor and stage repeated marches and counter marches each time in the
direction of the highest bidder.
Besides historically, the problem of political defections can be looked at from several
angles. Some practitioners of politics make a distinction between defections on grounds of
ideology, conviction or differences on principle and those resorted to merely for personal
benefit. For Bhupesh Gupta, there were what he called the 'progressive' and the "retrograde"
defections. While the latter needed to be: deprecated, the former were not bad. Justifying
some kinds of defection, Humayun Kabir had said that if there was a wide gilt between the
profession and practice of a party and it did little to what it professed, and individual or a
group had the right and in some cases the duty to separate from the party, and to form
another associations. The learned professor- politician thus appeared to support defections
resorted to on grounds of principles but condemned them when they were prompted merely
by expendiency or personal gain. It practise, however it is almost impossible to draw a fine
line between-defection on grounds of conscience or differences on some principle and
defection for personal gain. Almost all defectors would be able to justify their defection on
principles or as a matter governed by the proddings of their conscience.
Another distinction which is sought to be emphasized more and more by those who are
against tarring all defection with the same brush, it between individual and group or bulk
defections. The group of bulk defections may sometimes lead to or actually flow from splits in
the parties. The basic presumption behind the proposed distinction between individual and
group defection is that the latter are based on honest ideological differences or on
disagreement or principles or policy and are not in any way motivated to considerations of
personal gain in terms of money, office or power of patronage etc. A close examination of
various splits in the political parties in India particularly in the post-Fourth General Election
period would show that the motivations behind party splits and bulk defections are often not
very different from those that move the individual defectors. The presumption of nobler
intensions and of honourable differences being individual, distinction become quite phoney.
After all, whether it is one member who cross the floor it is a group of members, the nature
and content of act is the same and we cannot dub one as defections and the other rarely as
the 'split' in the party. Actually the group defections engineering by faction leaders which
have attempted to and often succeeded in toppling governments and sharing the spoils
amongst them. The party split is thus only an incidental by product of the process of
defection politics. In most of the cases, the groups involved were so sizable that one of the
necessary consequences of defection was the split of the party concerned. In some cases the
break-away splinter groups have themselves split further. In almost all these cases of group
defections, ideology or honest programmatic differences have been the least significant
motivations; in fact they have been paraded merely cloak for the more real and, may be, more
relevant causes and motivations which have basically been of self-interest and power. Several
defectors adorned the gaddi of Chief Ministership of their States following the group
defections led by them. With a few exceptions, the large number of defectors who seized other
Ministership belonged to small or large groups of defectors. Except in situations of marginal
majorities, it is relatively more difficult for a lone defector to bargain with an organized party.
In private conversation some of the defectors turned Chief-Ministers or Ministers did not
concealed the facts of their personal ambition as a motivation for their deciding to defect with
the group of the followers from their old party. Leaders of group defections who secured Chief
Ministerships for themselves and Ministerships and other rewards for their lieutenants in the
group included persons like Charan Singh in U.P, Rao Brindra Singh in Haryana, Bhola
Paswan Shastri and B.P. Mandal in Bihar, Dr. P.C. Ghose West Bengal, G.N, Singh in
Madhya Pradesh and Lachman Singh Gill in Punjab. Even where group defections at the
Centre were not followed by change of Government, it could, not be said that the actors in
the drama were moved by any considerations of higher principles and the like. They merely
failed to achieve their ambitions and end because of their political miscalculations. Under
these circumstances, it is obvious that no valid distinction can be made between individual
and group defections.
StilI another distinction is proposed between legislators elected on independent labels
and those elected on party tickets. It is suggested that the independent legislators who join a
party for the first time after their election as independents are not defectors and only those
who leave a recognised party were to be considered defectors. This distinction ignores the fact
that existence of a large number of independents in our legislatureshas in fact been one of
the mere important contributing causes of defection politics.
Sometimes were conflict of personalities, temperamental incompatibilities between a
legislators and his party boas may lead him to repudiated the party. Also, not unoften party
workers denied tickets for contesting the election, may feel that defection from one's party in
justified.
While is difficult to really establish any one cogent pattern in the post 1987 political
defection in may be noted that their sources have more often been situational and
motivational rather than ideological and structural, it cannot be seriously denied that not a
few legislators defected and counter defected for the sake of securing office or their gains or
because of denial of the same. The case with which they left one party to join another made it
obvious that they did not take seriously any political principles or party ideology etc. Also,
since there is no real ideogical polarization among most of the Indian parties and differences
are not of black and white but of shades of grey, actually normal change of ideology is
involved when a person leaves one party joins another. He can still assert that he remains
loyal to the principles and is defecting only to implement 'them better. Thus, almost total
absence of ideology as a force in competitive politics also contributes to the growth of
defection politics.
Viewed in the light of a study of concrete instance and a quantitative analysts thereof
it would seem that Iike factions most defections are directed towards individual or group
interests and the most dominant characteristic of defection has been their proximity in point
of time to the rise and fall of government and perhaps the most important motivation force in
defections has by and large been the prospect of political power and the lure of ministerial
choice. It is significant that after the Foruth General Elections, many as 272 defectors were
rewarded with ministerial gaddis in non-Congress governments in congress, supported and
Congress government. Also, one was rewarded with Speakership and several other with
smaller offices or Parliamentary Secretaries.
That defections have taken place for other considerations including monetary ones,
cannot be denied. Where ministeral offices could not be found for every defector, promises of
extending state benefits in other forms like grant of lucrative jobs to one's kith and kin, etc.
have been unknown. However, these considerations are hard to document or substantiate.
The Union Home Minister mentioned in the Lok Sabha that Rs, 20,000 and 40,000 were,
being mentioned as the price for defection. Some other put in at Rs. 20,000 to 1,00,000. In
his report to the President, the Haryana Governor had said. "Allegations are being made
openly by both sides that money is being paid to defectors. While it is difficult to say how far
these allegations are true, there are good reasons to believe that the defections are being
secured by not too Honourable means."
Also there were press reports about money being freely used to induce defections and
responsible persons including the legislators themselves openly talked about it in state
capitals and in New Delhi. In Haryana, For example, a Vishal Haryana Party member was
accused by a Scheduled Caste member of the Congress Party of having defected from the
Congress for monitory, considerations. When confronted with this statement, the concerned
V.H.P. legislator resorted by pointing out that the Scheduled Caste Legislator himself was
staying in the Congress merely because he was being paid a higher price Rs. 1,200 per day
for the session for not defecting.
In Gujarat, grave allegations of bribes being offered to lure Congress (0) legislators to
defect were made on March 22, 1970 against the Sawtantra Party and Congress (R) by
"Brahm kumar Bhatt". Security Congress (O) committee. He alleged that up to now the price
offered for defection was Rs. 50,0000, Now it has been raised to Rs. 75,000. He gave
sensational-details of how the defections of two members had been caused. After the
allegation had been made, a question of breach of privilege was raised in the Gujarat
Legislative Assembly and the matter was referred by the Speaker to the Privileges Committee.
In its report the Committee held that the "allegation of a bribe to the members for defection
from their party cannot be considered to be a reflectionon the conduct or character of
members or relating to their services in the House or upon the conduct of the members in
that capacity and therefore, it does not constitute a breach of privilege or contempt of the
House."
Viewed from the seat of the leader of the ruling party. It is obvious that while many
more legislators entertain ministerial ambitions, only a few can really accept office and the
rest have to be Content as back-benches with some extra-ministerial adhoc assignments on
committees, commissions, delegations and so on.
Adherence to high principle is good but practical is not a battle of ideas nor is it for
prophets or saints. It is essentially for those who want power and who can compromise. In a
remark characteristically expressive of his personality, Nehru once said."The leader has to
adapt the truth as he sees it to circumstances in order to make it acceptable, because a
leader, more especially in a democratic country, will only be a leader in so far as he can carry
his people with him..... Now, therefore a leader occupies a difficult and dangerous position. I
hope that the leader want to adhere to principles and the truth as he sees it. I recognize that
countries cannot, as countries or as governments, function purely on the basis of high
principles. They have to consider the facts as they are, adapt themselves to it, but
remembering the principles all the time."
Viewing the problem from the angle of the legislator, it has to be remembered that he
is also only a human being like anyone else. He is made of the same stuff as his fellow men
and is subject to the same hopes and fears, same ambitions and quests, the same foibles
and frailities and the same lust and carving for identity and significance. If anything he is
trying to live under precarious conditions of survival. As Andhrew Oliver once said."Politics is
the most hazardous of all professions. There is not another in which a man can hope to do
so much good to his fellow creatures; neither is there any which he may so easily lose his
own soul, nor is there another in which veracity is so difficult. Danger is the inseparable
companion of office. With all the temptations and degradation that best it, Politics is still the
noblest career that any man can choose."
A politician's job hardly permits him to be all scruples all the time. Many times moral
values have to be compromised with the needs of success, for failure in politics is
inexcusable. Defection from one's party is only one example of such a compromise. Not
unoften, legislators are dependent for their success and continuance in.politics on their
financiers and their loyalties to interest groups which out across party lines-are invariable
more important for them than their adherence to their party label. But accustomed to
worship perfect heroes and conditioned by the back ground of long non-violent struggle for
independence during which life in politics was seen as one of the great sacrifices and
devotion to high ideas of patriotism, we very often apply special and impossible standards to
our legilsators and leaders. On the other hand, ministerial office with its large patronage and
influence and prospects of satisfying the legislator's carrying for the good thing of life tends to
have for him in this country more than its natural glamour. Also, the gap between the
benefits of a minister's office and those of a legislator's is too wide not to constantly keep
tantalizing the latter to cross the rubicon some how, even by repudiating one's party loyalty if
it came in the way. The situation is perhaps natural in a newly independent country where
people for the first time come to have access to the high offices of the State. And we cannot
really except our legilsator to shun all personal ambitions and not seek power and office
when at least, they seem to be within his reach.
Then again, the first concern of a legislator is to certain his seat in the legislator and to
ensure his reflection. With this end in view he can ill afford it displease or antagonize either
his constituents whose votes he needs or those who make his election possible by other
means'. Like anyone, in any other business or profession the legislator is entirely within the
realm of legitimacy if he wants to stay in his business and to rise with in it. It may be noted
that is not only the political who have suddenly become aware of their importance and have
begun indulging in the game of defection politics to ensure positions of power or other
benefits for themselves, but even senior minister and the more educated and highly
sophisticated legislators of long standing have taken to defection; may be because they had
serious differences with their parties on how best to serve the people or may be because they
were anxious to retain or improve their position in a change of government which appeared
imminent to them at a point of time.
Viewed from the angle of the voter, it' seems to matter little for the average voter as to
who forms the government so long as he gets good administration and a tolerable life. Also,
voters by and large, have no real involvement in party activities and little commitment to any
party ideology or programme. Only a negligible percentage of voters happen to be members of
any party at all. Even among those who may be nominally enrolled members only the fewest
would have any idea of what the party stood for Indian voter knows only so well that he is
being approached by the different constestants to a seat in the legislature in their own
interest and that all the fine promises and talk of service and of differences in the principles
and programmes of parties is only so much poppycock. Naturally, therefore, when after his
election, a legislator of one party and embraces another the voter is neither shocked nor
perturbed. The voter who might normally expected to be most concerned seems the least
agitated about the phenomenon of political defection. On the other hand, there have been
instances in which the defectors were publically hailed, garlanded and taken out in
procession and re-elected with increased majorities.
Unfortunately, people in India were for long fed on false ideas in politics, it was
considered essential by our politicians for sheer self-survival to parade their self interest
under the garb of high idealism. The common man having discovered the real face of the
ordinary politician. Which was that of an ordinary man, was losing faith in him. The voter
bargained and looked to his own self-interest or sometimes for his caste or village interests
and in doing so, he was only doing his duty himself and exercising his legitimate political
choice. And then, for millions of people in his country getting immediate purchasing power to
obtain for themselves and their family two meals for the day was more important than the
success or failure of any party or programme. To expect these people to respect the sanctity
of the vote or to cast their vote without any regard to the various temptations, pressures and
influences was indeed highly unrealistic and little short of a cruel joke.
To sum up, the reason of the, continued phenomenon of large-scale political defections
were : (1) the history and nature of political parties in India, and particularly the Indian
national Congress; (2) the aging leadership, bossim and the growth of establishments with
vested interests in the status-quo in almost all the parties; (3) the lack of ideological
orientation and polarization among party; (4) the low level of popular involvement in the
member-ship, object and activities of political parties and the virtual indifference of the
people to the acts of defection by their representatives; (5) in fighting factionalism in the
parties which led to group defections when for example, party tickets were denied to
members of dissident faction; (6) the marginal and unstable majorities in State legislative
assemblies after the 1967 Elections and the number of independents ready to trade their
labels; (7) Conflicts of personalities, and; temperamental incompatibilities between a
legislator and his party bosses; (8) the temptations of office-money; status and the like or
denial of the same; (9) the tremendous gap between the emoluments, status and other
benefits attached to the office of a minister and that of an ordinary legislator; (10) the
existence of powerful lobbies and pressure groups that commanded" loyalties that were far
more intense; than loyalties of political parties; (11) the wide gulf between profession and
practice between false ideals and political realities in a country with such dismal poverty and
illiteracy.
17.4 Remedies and Resolutions
It would be seen that for tackling the problem of political defections, a plethora of
suggestions have been made and many remedies proposed from time to time by politicians,
scholars, government political parties committee and others. The Lok Sabha discussed the
matter at length on non-official-motion. On December 8, 1967 the House resolved that a
committee of constitutional experts and: representatives of political parties be set up
'immediately' to consider the problem of legislators changing their party allegiance. The
Committee of Defections was appointed on March 21, 1968 and its report placed before
Parliament on February 18, 1969.
Between the fourth and the fifth general elections the old Congress was dying a slow
death while a new Congress was struggling to emerge from its ashes. It was in all this
background that the Presidential elections of 1969 were held and the candidate of the
Congress syndicate was defeated by V.V. Giri. Towards the end of 1969 the much expected
and for many the much dreaded Congress split came. It was followed by waves of fresh group
defections.
Before the dissolution of the Lok Sabha in December 1970, the Prime Minister
convened a conference of the representative of Government and of the opposition parties and
groups to, hammer, out some agreed proposals to end defections. The conference failed to
arrive at any consensus on the timing or the means to ban defections. As a follow up of the
recommendations of the Chavan, Committee on Defections, however the Government
introduced the Constitution 22nd Amendment Bill 1973 but it could not be passed was in
1985 that the Anti-defection Act was passed. Let us try to evaluate the ramification and the
constitutional, legal and political feasibility and effectively of the various remedies suggested.
Code of Conduct - It has been suggested that the best safeguard against
unprincipled defections would be a code of conduct which should be evolved by the political
parties themselves: Under this code every party should avow, not to admit a defecting
legislator from another party without having him resign from the legislature and seek re-
election on its ticket. It is also suggested that the code should lay down for all defectors some
sort of a probation period during which they should be deemed disqualified for holding any
office either in the party or in the government. The code should also cover independents who
after defeating party candidates at the polls, choose in join political party in the legislature.
However chariable such a code may be on grounds of morality and political property, it
would not be practicable preposition in as much as the various political parties are hardly
likely to agree to the specifics of such a code and more particularly to the mode and the date
for its implementation. No party would like to enforce the code at a point of time when it
considers itself to be at the losing end and some party or the other is bound to be in that
position whatever be the date chosen for the commencement of the code, this was tried as
early as in 1980 and 1952 when codes against defection were evolved but could not be
implemented because the parties would not agree on immediate enforcement.
In Maharashra, leaders of various political parties including the congress met in a
convention at Mahabaleshwar and finalised the draft of a model code of conduct for
legislators. The code their all provided that the defecting legislators should seek re-election
and obtain a fresh mandate from the people. However, the code was never followed in
practice even by the political parties, who had evolved it.
In 1983, the Congress Parliamentary Board did decide no admit any defector
legislators to its fold unless he agreed to resign his seat in the legislature and seek re-election
on the Congress ticket. The decision was however, followed only in its violation. In 1967 it
was rescinded formally. Although clearly apologetic, members of the Board justifted their
latest resolution by arguing that they had done nothing more than to bow to reality. 'We had
to fight the means of detection from the Congress by warming out rivals that this is a game at
which two can play" agritatedly explained one member, usually known for his mild manner,
“Not to have rescinded the 1963 decision would have been suicidal for the Congress, High
normally in politics is idealistic, explained a second known for his standards, have the
other's on stakes, on responsibility?"
It is extremely doubtful whether an agreement on a code would be possible among all
the parties till a proper balance gets established between the old and the newly emerging
political forces. The code would be wracked by any party in the face of the first prospect of
its toppling or forming a government. Another reason why a code of conduct evolved or
accepted byvarious parties would lack effectively which lies in the fact that in India parties
themselves are unstable. They are born and they disappear overnight. At times, it is not the
individuals but the whole parties (e.g. Jharkhand, Forward Block etc.) that defect from the
parent ideologies and merge in other parties. Also, when a dissident groups as a whole as a
whole defects from the parent party, it may not seek to join another party but may form a
new party. Some parties are established prior to the general elections merely for fighting
elections by these groups individuals who are denied tickets by their parties. No code of
conduct can bind these parties of these group defectors. Also, the code would be inapplicable
where a person repudistes the party and decides to remain an independent thereafter. Lastly,
in a situation where public values have become virtually non-existent, even if some-how an
acceptable code is evolved by the parties politicians would safety find-out ways of getting
round it whenever they find it profitable to do so.
Discouraging independents: In the contest of the empirical data showing the large
number ol independent restoring to defection for gaining ministerial offices or other benefits
thereby creating conditions of instability. It has been suggested that sustained efforts should
be made to educate public opinion against voting independents to legislatures. But in a
system where parties lack ideological clarity and organizational stability it is hardly to be
expected that independents would cease to be elected or to exercise/effect on majorities in
legislatures.
Enforcing Party Bonds: The Committee on Defections would like the legislators to be
deemed bound to the party on whose label they win the election. The suggestion is based on
the theory of the nature and character of representation. However, it cannot be really
contented that there is an unbreakable bond between the representative and the political
party under whose banner he contests the elections. Even otherwise the basic relationship is
between the legislator and the people whom he represents and not between him and his
party. Legislators are responsible representatives of the people and their only and the
supreme credentials are that the people have placed their highest credence in them and
elected them as such less. They are responsible to the people at large in general and to their
constituents in particular. While they are no doubt governed by the rules of the House to
which they belong, ultimately the people are their only masters. While they may belong to a
political party is no sacred cow. It cannot be above the people. It is only a means and not an
end. Party programmes manifestos, ideologies play only marginal roles. The phenomenon is not
peculiar to India and is part of the democratic order elsewhere. In the eyes of the Constitution, the
legislators represent their territorial constituencies and not political parties. The recognition to
parties provided for in the rules framed under the Representation of the People Act is also merely
for the purpose of alotment, of symbols and means nothing more.
Choice of Candidate: it is suggested by some scholars that the political parties should
lay greater emphasis on ensuring full adherence to their principles and programmes and
candidates for election to legislatures should be chosen for the level of their political
Sophistication, intergrity and loyalty to party principles and not on ground of ability to win
the election on caste, communal, fedual or economic considerations. However to expect any
such thing from the parties or candidates is to ignore the realities of political life as much as
almost all the parties are, in fact largely guided by the latter considerations, if selection of
candidates with greater integrity and loyalty to principles etc. was possible the problem of
defections would never have arisen.
Pressure of Public Opinion: According to some political pundits acts of defection by
the legislators can be effectively checked by mobilizing public opinion and building up a
popular pressure against the defectors through the press and other mass media of
communication. While the theory may be largely sound in principle, under the existing law
there is non provision for recall and a legislator may have to face his constituents only once
in five years unless there are midterm polls. Besides, the level of political education it calls
for is yet far from being reached by the average Indian voter. Also the political parties, in
Indian being what they are the voter is unable to distinguish between one party label and
another. Various election results have not revealed any popular disapproval of defection. It
may thus not be realistic to expect pressure of public opinion to check frequent defections by
legislators unless the masses and the leadership at various levels are provided with adequate
political education.
Dissolution of the Legislature : It has been suggested by some scholars as also by
Official circles in the Union Home Ministry that the Chief Ministers should be specifically
clothed with the right' to seek dissolution of their respective legislatures in case of .actual or
threatened defections by legislators from the ruling party or the coalition. This would enable
a Chief Minister to seek dissolution even when the Council of Ministers headed by him no
more commands the support of the'majority or when the majority alignments are in doubt.
The threat or prospect of dissolution, it is believed, would deter defections provide greater
leverage to the Chief Minister, ensure less fluctuating majorities and some what more stable
governments. The suggestion is however, open to several difficulties (i) if the Chief Minister
actually exercises this right, he would be subjecting the majority of the loyal legislators along
with the few defectors to the expense; ardour and risk of a fresh poll. Thus, a few defectors
may hold the whole House to ransom by threatening to defect and thereby force each and
every member to lose his hard-won seat and face the electorate once again (ii) Sometimes an
opportunist Chief Minister with a doubtful support within his own party or coalition may
want to dictate terms and carry on as Chief Minister against the wishes of the Majority by
threatening to ask for the disolution of the House (iii Vrider the Constitution/the Council of
Ministers is responsible to the popular House of the Legislature and is doubtful how far it
would be within the realms of constitutional propriety for the Governor to accept the advice
of a Chief Minister who has lost the confidence of the House (iv) There is very dange, of Chief
Minister who loses the support of the majority in the House, seeking the dissolution with a
view to perpetuating himself in power as the need of the care taker government completely
free from any account ability to the State legislature.

1. Define Amendment 52 of Indian Constitution.
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2. Write any two of Defection.
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There are many scholars and leaders of public opinion who have been convinced of the
unfeasibility and ineffectively of any codes or voluntary measures for the prevention of
political defections. They have advocated legislation and if necessary, constitution
amendment for outlawing the practice of defections. The janata Government had introduced
an anti' defection bill in the Parliament which for the first time defined the concept of party
and aimed a checking this phenomenon in Indian politics. However, the bill was opposed by
many M.P.s. (including some Janata M.Ps. like Madhu Limay and Krishan Kant) and finally
had to be withdrawn by the government. Some of the pleas of legislation including the
provisions of the Constitution (32nd Amendment) Bill, on the subject may be examined.
(a) Disqualifying defectors from Membership: One of the proposals was for
making obligatory by law for a legislator to resign his seat. In other words, it would mean
disqualifying defecting legislator from continuing to be a member of the House. Any such
statutory provision may no constitute a sufficient deferent in as much as a defector could
still hope to be appointed and hold office as a minister for a period of upto 'six months. Also,
such a legislation would neither be desirable no possible under the Constitution. It would be
against the basic freedom of association and opinior guaranteed by Article 19 in the
Fundamental Rights chapter of the Constitution. And the freedom association and opinion
does include the freedom of changing association and opinion. Also Articles 105and 194(1)
guarantee the freedom of speech and expression in the House of legislatures at the Centre
and in the State. This freedom includes freedom to vote as one chooses. Thus, under the
Constitution, the laws of the land and the Rules of the House, a member of legislature is free
to express himself and to vote in the House as he think best party whips cannot be higher to
the law or the land and the rules of the House and if a Members votes against his party on
substantial issues without actually crossing the floor, the effect for the party may still be
precisely the same. This incidentally is another reason why no legislation can effectively solve
the problem and any legislatior which restricts the choice or binds the votes of a legislator
would clearly be a mockery of democracy.
(b) Debarring from Election Legislators Who Defect fee a Consideration: It is
true that many legislators from their parties for pecuniary consideration or for ministership
or other offices of profit. It is however, doubtful whether any legislation to debar such
legislators from seeking election would be upheld. Besides, it would be extremely difficult to
prove acceptance of pecuniary gratification or other types of benefits as a consideration for
defection.
(c) Recognition of Parties and List System of Voting: Taking a leaf from the
French and German precedents, it is suggested that the political parties which win a certain
number of seats and secure a certain percentage of votes many be recognised by statue and
each party may be authorize to fill up by nomination any vacancies in the seats held by it.
Also, when any member defects from his party, the party may declare his seats vacant and
fill it up. This remedy, however would be worse as the political parties would under this
arrangement usurp the rights of the representatives on the one hand and or the people on
the other. Alternatives before the people would be narrowed down an foreclosed in favour of
the parties. The list system of voting prevalent in some continental continue would also be
open to the same objection. Besides, any such legislation would again be in a probability
struck down by the courts as unconstitutional.
(d) Registration for Parties: It was suggested that it should bemade obligatory
on all political parties to get themselves registered after declaring their aims and objects in a
Memorandum of Association. But it was said "Any such compulsion would be violative of
Article 19 of the Constitution. The only restrictions that can be imposed on the right to
freedom of speech, expression and association are in the interests of the "Sovereignty’ and
integrity ot Indian public order or morality. “Nowever amendment was made in 1988 in the
Representation to the People Act, 1951 and it was made compulsory for the political parties
to register themselves in the Election Commission.
(a) Provision for Recall: The Constitution of Indian does not at present provide for
any recall of a legislator by his consultant in the ceases to command their confidence. It is
suggested bysome that a provision for recall on the pattern of the Swiss Constituton may
now be incorporated in the Constitution of India for the purpose. But in a country like India,
a provision for recall will place a high premium on blackmail of legislators through constent
signature campaigns and appeals for recall. A legislator will never feel secure in his office and
will not, therefore, be able to take honest and courageous stands on even crucial issues of
national importance. He would become merely a delegate of his Constituency always bound
to follow the brief and open to recall an any deviation there from, it seems hardly conceivable
to grant the right to recall but to limit it to cases of defection only. Also, in a majority of the
cases, our legislators are elected by a minority of votes since their opponents together secure
more votes. If after the election, the defeated candidates and their supporters combine
against the winning candidate, they can almost invariably recall him and majority of
members of the Lok Sabha and of the State Legislatures may thus stand the risk of recall.
The Committee on Defections therefore, rightly decided that a provision for recall would
neither be advisable nor practicable.
(f) Prime Minister and Chief Minister to be from the Lower House of the
Legislature : The recommendation of the Committee of Defections that the Prime Minister of
India and the Chief Ministers of States 'should invariably be from the Lower House of the
respective legislatures were incorporated in the Constitution (32nd Amendment) Bill, with
1973 with the modification that if a person who is not a member of'the lower House is
appointed as Prime Minister or Chief Minister he could not continue in office beyonda period
of six months unless he was in meantime elected to the Lower House. Though the Principle
in the diluted proposal may be unexceptionable, it would have no direct relevance to the
problem of political defection. On the death of Shri Lal Bahadur Shastri, Shrimati Indira
Gandhi first became the Prime Minister of India while she was a member of the Rajya Sabha.
She later contested and won a seat in the Lok Sabha. This has been the only case at the
Union level so far. At the level of States since 1967, there have been a few occasions when
members of the Upper Houses became Chief Minister e.g. C.N. Annadurai in Tamil Nadu and
B.P. Mandal in Bihar. Actually the latter was not an elected member of the Upper House
either, he was nominated to the Upper House in order to be made the Chief Minister.
(g) Limiting the size of Ministeries and Disqualifying of Defactors: It has been
repeatedly suggested and by now already widely accepted that limiting the size of the
Councils of Ministers and disqualifying the defectors from holding ministerial office for a
certain period of time might constitute the- more effective disincentives to the frequent
defections and counter defection. The suggestion, of course can provide only partial Solution
and at best touch only the fringe of the problem. It is obvious that ministerial office is not
only allurement for he would be defector. Chief Minister of the Government of the day have
vast areas of patronage, and defector can be rewarded in many other ways through licenses,
permits, quotas, foreign trips, jobs to close relatives etc.
17.6 Summary
Also debarring a legislator from office a year as envisaged in the proposal legislation
would only mean giving greater manoeuverability to the Chief Minister in as much as even if
he is heading a minority government based on the support of defectors he can hope to
survive for a year because he can keep carrot, of Ministerial or other offices hanging before
the defectors and for as long as one year demand total subservience and loyalty from them.
In any case, one year is not too long a period and many aspirants may be willing to wait that
much for the actual benefits of their defection to mature. However in the meantime the ruling
party or parties would concentrate on strengthening their hold on power by distributing
patronage, they would not, even if they wished, be able to think of the welfare of the people or
of ameliorating the general conditions of want and misery and giving the people an honest,
efficient and stable administration.
Limiting the size of ministers may itself lead to the defection of those who cannot as a
consequence be accommodated as ministers. It is obvious from the available data that a large
number of defectors were rewarded with ministerial offices that the size of some of the
ministerial had been disproportionately large and also that the ministries had tended to
expand for, reasons of political expediency. However, it is interesting to note that the large
size of the ministries had no necessary relationship with the number or frequency of
defection in the State, Some of the defection infested States had ministries relatively smaller
than those of the more stable States, also if defectors debarred from holding ministerial
offices, the proposal to limit the size of ministries would cease to have any direct relevance to
the problem of defections.
17.8 References
1. Bhagat, Anjana K., Elections and Electoral Reforms in India, 1996.
2. Morris-Jones, W.H., Government and Politics in India, B.I., Delhi (Latest
Edition).
1. Palkivala, N.A., Our Constitution Defaced and Defited, Macmillan, Delhi, 1970.
1. Evaluate the Anti-defection Act, 1985
****

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Class : M.A.

Name of the Paper : Indian Politics : Institutions at Work

M.A. SEMESTER-I, POLITICAL SCIENCE

Vetted by : Emanual Nahar

E-Mail of Department : coordpolsc@pu.ac.in

With best wishes.

INSTRUCTIONS FOR THE PAPER-SETTERS AND CANDIDATES:

CONSTITUENT ASSEMBLY DEBATES ON SECULARISM

The issue regarding incorporation of the principle of secularism in the Indian

Self Assessment Questions

2. Explain K.T. Shah’s views on secular state.

8. Hegde, Sanjay,Op. Cit.

CONSTITUENT ASSEMBLY DEBATES ON RIGHTS

Self Assessment Questions

2. How many Fundamental Rights granted by Indian Constitution to Indian

IDEOLOGICAL BASIS OF THE INDIAN CONSTITUION

Self Assessment Questions

Self Assessment Questions

THE DIRECTIVE PRINCIPLES OF STATE POLICYAND

Self Assessment Questions

8. R.C. Copper V Union of India. l970. SC 564.

CONSTITUTIONAL AMENDMENTS:NATURE, PROBLEMS AND

6.5 Important amendments

Self Assessment Questions

DYNAMICS OF INDIAN FEDERALISM-1

Self Assessment Questions

2. What is Concurrent List?

FEDERAL REFORMS AND EMERGENCE OFMULTI LEVEL

Self Assessment Questions

8.5 CONSEQUENCES OF DEMAND FOR STATE AUTONOMY

UNION EXECUTIVE- THE PRESIDENT

Value of 494 .. -- 576 576 723 702 702 702 708

votes of the 10.86.263

Total Votes cast (valid)

The breakup of votes is given below:

9.2.3Constitutional Basis (Powers of the President)

Self Assessment Questions

9.5 President's Actual Role; AnOverview

UNION EXECUTIVE - THE PRIME MINISTER

Self Assessment Questions

10.6 POWERS AND ROLE OF THE INDIAN PRIME MINISTER

UNION PARLIAMENT - STRUCTURE, FUNCTIONINGAND

Self Assessment Questions

11.7 OPPOSITION IN PARLIAMENT

** elections were held for 505 seats.

Total Seats – 543, Elections held – 538, Results declared – 537

TOP 29 A1ADMK 10 CPI 04 BSP 14

Shiv Sena 15 IJML 02 F.B. 02 SJP 01

Trinomoot Cong. 08 RLD 02 Kcr. Cong. 01 JD (S) 01

DMK 12 Kerla Cong. (M) 01 RPI (A) 01

BJD 10 BBM 01 CPI (ML) 01

MOMK 04 SAD (M) 01

11.8Phenomenon of Hung Parliament: As the 1996.W8 and 1998 elections returned

STATE GOVERNMENT IN INDIA

Self Assessment Questions

12.6 THE CHIEF MINISTER IN INDIAN POLITICES

Self Assessment Questions

12.10Relationship between the two Houses

Self Assessment Questions

ELECTION COMMISSION AND ELECTORAL REFORMS

PARTY 1952 1957 1962 1967 1971

Self Assessment Questions