General studies- 2

 Polity & Const. Mains 365

 Indian Constitution—historical underpinnings, evolution, features,

amendments, significant provisions and basic structure.
 Functions and responsibilities of the Union and the States, issues and
challenges pertaining to the federal structure, devolution of powers and
finances up to local levels and challenges therein.
https://www.drishtiias.com/daily-news-editorials/democratic-decentralisation-in-india/print_manually

Democratic Decentralisation in India |

The article is based on Throttled at the grass roots that was published in The Hindu
on 9th September. It talks about the functioning of Local self governments in India and
the issues involved.

Context

 73rd and 74th Constitutional Amendments, by constitutionally

establishing Panchayati Raj Institutions (PRIs) in India, mandated the
establishment of panchayats and municipalities as elected local governments.
 They devolved a range of powers and responsibilities to the local governments
and made them accountable to the people for their implementation, but very
little actual progress has been made in this direction even after more than 25
years.

Democratic Decentralisation: Devolution of Power

 Democratic decentralization is the process of devolving the functions and

resources of the state from the centre to the elected representatives at the lower
levels so as to facilitate greater direct participation of citizens in
governance.
 Devolution, envisioned by the Constitution, is not mere delegation.
o It implies that precisely defined governance functions are formally
assigned by law to local governments, backed by adequate transfer of a
basket of financial grants and tax handles, and they are given staff so that
they have the necessary wherewithal to carry out their responsibilities.
 Local government, including panchayats, is a state subject in the Constitution,
and consequently, the devolution of power and authority to panchayats has been
left to the discretion of states.
 The Constitution mandates that panchayats and municipalities shall be
elected every five years and enjoins States to devolve functions and
responsibilities to them through law.
 A study for the Fourteenth Finance Commission by the Centre for Policy
Research, shows that all States have formally devolved powers with respect
to five core functions of water supply, sanitation, roads and communication,
 streetlight provision and the management of community assets to the gram
panchayats.

Issues with Local Governments in India

 Insufficient Funding: The money given to the local governments is inadequate

to meet their basic requirements.
 Inflexibility in spending the allocated budget. The use of money is constrained
through the imposition of several conditions.
 There is little investment in enabling and strengthening local governments to
raise their own taxes and user charges.
 Lack of staff: Local governments do not have the staff to perform even basic
tasks. Furthermore, as most staff are hired by higher level departments and
placed with local governments on deputation, they do not feel responsible to the
latter; they function as part of a vertically integrated departmental system.
 Untimely and delayed elections: States often postpone the elections and violate
the constitutional mandate of five yearly elections to local governments.
o In Tamil Nadu, panchayat elections have not been held for over two years
now, resulting in the State losing finance commission grants from the
Union government.
 Local governments are merely acting as an implementation machinery rather
than policy-making body for local development. Technology-enabled schemes
have further downgraded their role.
 Corruption: Criminal elements and contractors are attracted to local
government elections, tempted by the large sums of money now flowing to
them. A market chain of corruption operates, involving a partnership between
elected representatives and officials at all levels.
o However, there is no evidence to show that corruption has increased due
to decentralisation.
o Decentralised corruption tends to get exposed faster than national or
State-level corruption. People erroneously perceive higher corruption at
the local level, simply because it is more visible.
o However, we can keep track of corrupt local government representatives
more easily than those at the higher levels.

Suggestions to Improve Functioning of Gram Panchayats

 Gram sabhas and wards committees in urban areas have to be revitalised to

achieve the objective of people’s participation in real terms.
o The Standing Committee on Rural Development, that submitted its
report in July 2018, recommended that state governments should put
a quorum in gram sabha meetings for participation of panchayat
representatives, including women.
 Local government organisational structures have to be strengthened with
sufficient manpower. Serious efforts should be made towards recruitment and
appointment of support and technical staff to ensure the smooth functioning
of panchayats.
 Devise a comprehensive mechanism for taxation at the local levels. We
cannot have accountable GPs, without local taxation.
  There is a need for bottom up planning especially at the district level, based
on grassroots inputs received from Gram Sabha.
 Strengthening of panchayats through capacity building and training should be
given more encouragement from the centre and state governments. This would
enable them to prepare better Gram Panchayat Development Plans, as well as
become more responsive towards citizens’ needs.
 Funding: Ministry of Panchayati Raj should monitor the release and
expenditure of Finance Commission grants to ensure that there is no delay in
their release.
o It should also be ensured that grants are utilised in a proper and
effective manner.
o Panchayats should also be encouraged to carry out local audits
regularly so that Finance Commission grants are not delayed.

Way Forward

 India’s efforts in decentralisation represent one of the largest experiments in

deepening democracy.
 India has a robust democratic structure for local governance, what we need to
practice is the robust democratic culture and giving life to our existing
structure.
 Local bodies need to be seen as institutions of self-governance not as ‘delivery
mechanisms’ to fulfill Gandhi’s vision of Gram Swaraj.

 Separation
of powers between various organs dispute redressal
mechanisms and institutions.
https://www.insightsonindia.com/polity/separation-of-powers-between-
various-organs-dispute-redressal-mechanisms-and-institutions/

Meaning of Separation of Powers:

The theory of separation of powers advocates that the three powers of the government should be
used by three separate organs. Legislature should use only law-making powers, Executive should
undertake only law-enforcement functions, and Judiciary should perform only adjudication/
judicial functions. Their powers and responsibilities should be clearly defined and kept separate.

In general, the meaning of separation of power can be categorized into three features:

 Person forming a part of on organs should not form the part of other organs.
 One organ should not interfere with the functioning of the other organs.
 One organ should not exercise the function belonging to another organ.

Quote:
“I say, that Power must never be trusted without a check.” ― John Adams.
In his book, ‘The Spirit of the Laws’ (1748), Montesquieu enunciated and explained his theory of
separation of powers. If the legislative and executive powers are combined in the same organ, the liberty
of the people gets jeopardized because it leads to tyrannical exercise of these two powers.
“Power corrupts and absolute power tends to corrupt absolutely” – Lord Action.

Constitutional Provisions:

Need For Separation of Power

 When the power of the government is concentrated in one hand there are
chances of maladministration, corruption, nepotism and abuse of power.
 Hence there is a need for Separation of power to prevent autocratic rule in the
country, helps create an efficient administration, prevents the legislature from
enacting arbitrary or unconstitutional laws and to safeguard the individual
liberty.

Functional Overlap Among Organs of the Government

Overlapping Powers of Legislature:

With Judiciary With Executive

 Impeachment  The heads of each governmental ministries are members of th

and the
removal of  Through a no-confidence vote, it can dissolve the Governmen
the judges.  Power to assess the works of the executive.
  Power to
amend laws
declared ultra
vires by the
Court and
 Impeachment of the President.
revalidating
 The council of ministers on whose advice the President and th
it.
the legislature.
 In case of
breach of its
privilege and
it can punish
the person
concerned.

Overlapping Powers of The Executive:

With Judiciary With Legislative

 Making appointments to the office of Chief Justice and

 Power to promulga
other judges.
the Act made by th
 Powers to grant pardons, reprieve, respite or remission
 Authority to make
of punishments or sentence of any person convicted of
procedure and con
any offence.
of this Constitution
 The tribunals and other quasi-judicial bodies which are
 Powers under dele
a part of the executive also discharge judicial functions.

Overlapping Powers of The Judiciary:

With Executive With Legislative

 Judicial review,
 Under Article 142, the Supreme Court functions as an to determine if i
Executive in order to bring about the complete justice.
 Unamendability

Overlapping Powers of The Executive:

With Judiciary With Legislative

 Making appointments to the office of Chief  Power to promulgate ordina

 Justice and other judges.

 Powers to grant pardons, reprieve, respite or made by the Parliament or t

remission of punishments or sentence of any
 Authority to make rules for
person convicted of any offence.
conduct of business subject t
 The tribunals and other quasi-judicial bodies
 Powers under delegated legi
which are a part of the executive also
discharge judicial functions.

Overlapping Powers of The Judiciary

With Executive With Legislative

 Under Article 142,

the Supreme Court
functions as an
Executive in order
to bring about the
complete justice.
 Judicial review, i.e. the power to review executive actio
Constitution.
 Unamendability of Constitution under basic structure.

Issues with Functional Overlapping:

 Unaccountability:One of the demerits of overlapping powers, is that a particular

organ cannot be held accountable for its decisions. Eg. Judicial verdicts in 2G and
Coal Block allocation case.
 Erosion of faith:Repeated interventions of one organ into another’s functioning
can diminish the faith of the people in the integrity, quality, and efficiency of the
other organs.
 Accumulation of power:It undermines the spirit of democracy as too much
accumulation of powers in organs of government undermines the principle of check
and balance.
 Adverse effect on development:Excessive infringement on each other jurisdiction
may impede smooth functioning of government and hinder public service and
overall development.

Checks and balances:

There is a system of checks and balances wherein the various organs impose checks on one
another by certain provisions. Checks and balances ensure that no one organ becomes all-too
powerful. The Constitution guarantees that the discretionary power bestowed on any one organ is
within the democratic principle.

 The judiciary has the power of judicial review over the actions of the executive
and the legislature.
  The judiciary has the power to strike down any law passed by the legislature if
it is unconstitutional or arbitrary as per Article 13 (if it violates Fundamental
Rights).
 It can also declare unconstitutional executive actions as void.
 The legislature also reviews the functioning of the executive.
 Although the judiciary is independent, the judges are appointed by the
executive.
 The legislature can also alter the basis of the judgment while adhering to the
constitutional limitation.

Judicial Pronouncements on Separation of powers:

Comparison of Separation of Powers in USA

 The doctrine of separation of powers forms the foundation on which the whole
structure of the constitution is based. It has been accepted and strictly adopted in
U.S.A.
 The doctrine of separation finds its home in U.S. It forms the basis of the
American constitutional structure.
 Article I vest the legislative power in the congress; Article II vests executive power
in the President and Article III vests judicial power in the Supreme Court.
 The framers of the American constitution believed that the principle of separation
of powers would help to prevent the rise of tyrannical government by making it
impossible for a single group of persons to exercise too much power.
 Accordingly, they intended that the balance of power should be attained by
checks and balances between separate organs of the government.
 This alternative system existing with the separation of prevents any organ to
become supreme.

Conclusion:
In the Indian situation, the principles of constitutional restraint and confidence have been
implemented in such a manner that no institution can, by means of a specific or necessary clause,
usurp the duties or powers delegated to another institution and cannot detach itself from the basic
roles that belong to the organ in compliance with the Constitution.
A Parliamentary structure with a rigid division of powers is unnecessary and unsustainable for a
democratic politics and complex population such as India. Nevertheless, the institutional
partnership of the three government institutions is feasible with judicial and measured
constitutional functional overlap. Such cooperation bridges the legislative, executive and judicial
divide that makes Government operate smoothly.

https://www.insightsonindia.com/polity/separation-of-powers-between-
various-organs-dispute-redressal-mechanisms-and-institutions/

 Comparison of the Indian constitutional scheme with that of other

countries.
 Parliament and State legislatures—structure, functioning, conduct of
business, powers & privileges and issues arising out of these.
 Structure, organization and functioning of the Executive and the Judiciary
—Ministries and Departments of the Government; (cabinet etc.) pressure
groups and formal/informal associations and their role in the Polity.
 Salient features of the Representation of People’s Act.
https://www.insightsonindia.com/polity/salient-features-of-the-
representation-of-peoples-act/
https://www.drishtiias.com/to-the-points/Paper2/representation-of-
people-s-act-part-i

 Appointment to various Constitutional posts, powers, functions and

responsibilities of various Constitutional Bodies.
 Statutory, regulatory and various quasi-judicial bodies.

 Soc Justice Vam

 Government policies and interventions for development in various sectors
and issues arising out of their design and implementation.
 Development processes and the development industry —the role of
NGOs, SHGs, various groups and associations, donors, charities,
institutional and other stakeholders.
 Welfare schemes : vulnerable sections of the population by the Centre and
States and the performance of these schemes; mechanisms, laws,
institutions and Bodies constituted for the protection and betterment of
these vulnerable sections.
 Issues relating to development and management of Social
Sector/Services relating to Health, Education, Human Resources.
 Issues relating to poverty and hunger.

 Governance Vam+ Mains 365

Vam  Important aspects of governance, transparency and accountability,
e-governance- applications, models, successes, limitations, and potential;
citizens charters, transparency & accountability and institutional
Vam  Role of civil services in a democracy.
https://www.insightsonindia.com/governance/role-of-civil-service-in-a-
democracy/

 IR Vam+ Mains 365

 India and its neighborhood- relations.
 Bilateral, regional and global groupings and agreements involving India
and/or affecting India’s interests.
 Effect of policies and politics of developed and developing countries on
India’s interests, Indian diaspora.
 Important International institutions, agencies and fora- their structure,
mandate.