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Political Science & International Relations
Kautilya 20
Political Theory 82
Political Theory- Approaches (Part-3) 90
Perspectives on Indian National Movement (INM) 98
Fundamental Rights 134
Judicial Review 140
Fundamental Rights (Part-2) 142
Doctrine of Basic Structure - 182
Amendment, Doctrine of Basic Structure Politics of Amendment 187
Limbs of state:
King
Kosha
Mitra
Janpada
Danda
Amatya
Durga (fort)
All these limbs combined to form the sovereignty of the
state. King is at the centre. He is the most important part of
Saptanga theory but still king is dependent on other limbs
of the state.
Types of State:
Manu calls the state as Rashtras and he says there are 4
types of Rashtras:
Mitra Rashtra
Ari Rashtra i.e. Enemy Rashtra
Udasin Rashtra (Neutral Rashtra)
Madhyama Rashtra
Functions of state:
Welfare of people
Protection from external invasion
Maintenance of law and order
The state has to ensure that all the Varna must follow their
Dharma The state should control the prices of commodities
The state should promote culture and charity.
This shows that Manu Smriti talks about the theory of the
Welfare state.
Indian tradition differs from the ancient Greek tradition,
where there was no difference between society and state.
However, in Indian tradition, the state is a Regulator of
society. It possesses Danda i.e. power to punish. Hence, the
Ancient Indian idea of the state also comes closer to the
modern idea of the state. In modern times, Western liberal
tradition differentiated between state and society. Max
Weber associated the state with a monopoly to use force in
a particular society.
Duties of King
The king must ensure Dharma in society.
King should punish those who break social order.
Manu
Manu is treated as the first lawgiver in Indian tradition.
Manusmriti is the oldest book in Hindu laws. According to
Puranic tradition, Manu is treated as the father of the
human race. It means he is treated as the founder of society
and moral order
Manusmriti belongs to the Dharmashastra tradition. It is
based on the Vedas. It is an address to kings and not to
Scholars. It deals with social order. Manu explores the issue
of 4 Purusharthas- Dharma, Artha, Kama, Moksha. He
discussed the issue of Dharma at length.
Note: There is nothing original in Manu's work. Manusmriti
is the collection of views of a number of previous scholars.
Administration of Laws:
❖ King should administer the law with the help of Brahmins
and other learned councillors.
❖ The King should come to the Court in dignified attire, and
he should not wear ornaments.
❖ In the absence of a King, learned Brahmin can
administer the law.
❖ Women cannot be made an eye witness in the
administration of Justice.
Theory of Taxation:
❖ Taxation should be adequate for the smooth functioning
of the State. ❖ Taxation should be moderate.
❖ Kings should take taxes like bees, as they take their food
little by little.
❖ A King who takes tax but does not give protection to
people goes to hell.
❖ The King should take one-sixth part of the produce of
trees, and other produce from the people in case of fertile
land.
❖ Taxation of land was dependent on the quality of land-
one-sixth from the fertile land, one-eighth from the less
fertile land and one-twelfth from the least fertile land.
Kautilya
❖ In ancient Indian tradition, Arthashashtra belongs to the
tradition of Dandashashtra.
❖ There is a continuity between Dharmashashtra and
Dandashashtra tradition. Hence, Arthashashtra tradition is
also not completely devoid of Dharmasastra tradition. It is
more realistic in comparison to Dharmashashtra.
❖ Arthashashtra deals with political economy. The task of
the King was to give protection to land and people as well
as increase the wealth of rashtra.
❖ For Kautilya, land is considered as the most essential
commodity and the task of the King was to give protection
to land and people as well as to increase the welfare of the
people along with the wealth of rashtras.
❖ Kautilya’s approach is more pragmatic compared to
Manu.
❖ Kautilya is primarily concerned about how power can be
managed and how effective administration of the State can
take place. In ancient times, land was the major source of
wealth, that is why Kautilya has spent major time in
explaining the importance of land as the most precious
commodity. Hence, a large part of Arthashastra deals with
the preservation of territory, statecraft, maintenance of
territory, etc.
❖ Although Arthashashtra was primarily associated with
Kautilya. Other scholars have also written about
Arthashastra, Kautilya is not the only person writing about
the Arthashastra. It is said that later scholars have also
written about the Arthashastra.
❖ Kautilya is treated as the greatest Indian scholar on
Statecraft and diplomacy. Kautilya is known for his fearless
account of actual practices in politics.
❖ Today, Kautilya is considered as an inspiration for the
scholars of the realist school of thought.
❖ Important scholars have produced scholarly works on
Kautilya like U. N. Ghoshal.
Kautilya
Definition of State
From Rigveda to Shukraniti, no one defined the term State.
Kautilya was the first person to define the term state. His
definition of State comes quite near to the modern-day
definition of State. No territory deserves the name of State
unless it is full of people i.e., controlled by absolute
authority.
1. King
King is the son of the Gods and divine punishment falls on a
person who treats the king with disrespect. King grants
favour like Indra and punishes like Yama.
Kautilya discusses about 3 types of Kings:
(a) Rajan
(b) Dwirajya i.e., territory controlled by 2 kings.
(c) Vairajya i.e., territory controlled by a foreign king.
Yogakshema is the objective of the King i.e., welfare of all.
King plays an important role in providing facilities to
people and also king is responsible for maintenance of the
minor, aged and destitutes.
Thus, the Indian state was never a police state, it was
always a welfare state. Subjects can revolt against the King
if a King does not fulfill his duties.
It means authority of the King is based on the consent of
the governed. According to Kautilya, happiness of the King
lies in the happiness of the subjects. Kautilya suggested the
King to get rid of an unworthy son and Kautilya also
suggested a son to get rid of an unworthy King.
So, Kautilya for the position of King supported merit. This
was one of the reasons that Chandragupta Maurya, who
was a commoner, was made Samrat of India by Kautilya.
2. Amatya
According to Kautilya, one wheel alone cannot turn the cart
in motion. No ruler how competent he is, can run the
administration alone. Kautilya calls Amatya as the second
most important element of sovereignty.
According to Kautilya, the number of Amatyas should be
more than two because it is difficult to have control over
one Amatya; two Amatyas can join hands together against
the King. Hence, at least there should be three Amatyas.
Amatyas are important but the King cannot trust them
completely. They are a potential threat to the King. King
should keep a regular check on the integrity of the
Amatyas.
Characteristics of Amatyas:
❖ He should be a native man, wise, bold, and skillful. ❖ He
should not be fickle minded.
❖ He must follow the King.
❖ He must try to remove the defects of the King.
❖ He should be able to install the successor of the King in
case of death of the King.
❖ He should be able to protect the successor.
According to Romilla Thapar, a well developed ministerial
system and administration was the strength of the Mauryan
Empire.
3. Durga
It is the symbol of strength. It reflects offensive as well as
defensive power of state. Durga must be strategically
located. Kautliya discusses about the water fortification,
desert fortification, and mountainous fortification.
4. Janapadas
Janpad is a rural area. It is divided into various divisions
and each division was further divided into villages.
5. Kosha
The Treasury is important to maintain the kingdom.
Without a treasury, it is impossible to keep the army loyal
and to achieve a welfare state. It is inherited by the King
and it should be sufficient to face challenges.
6. Danda
It talks about hereditary army. Army should comprise of
Kshatriyas, other varnas can also be considered depending
on needs.
Army must be well trained, loyal and full of strength.
7. Mitra
They are very important. Mitra should be one who is not
only ready to help but who is capable of helping. Mitra is an
important part of Kautilya’s theory. Having Mitra is an
acknowledgement of one’s power. Mitra is an important
element for diplomatic purposes as well.
Criticism
❖ Women have not been given a central position in
Administration by Kautilya.
❖ Kautilya attaches a lot of importance to hereditary
Amatyas and army men.
❖ Sometimes it appears that Kautilya is not modern and
prefers hereditary monarchy. Hence, his ideas are far from
the Republican form of Government.
Kautilya (Part 2)
Kautilya’s views on Diplomacy
Kautilya was the first person to visualise on all India state.
According to him, no state can exist in isolation. State
remains in existence in relations with each other.
According to Kautilya, States compete for power. Kautilya
feels that no state is satisfied with what it has hence, each
state wants to extend its resources. No state can be stable
until it manages its foreign relations properly. Relations
among states are like laws of the jungle where only the
strength of the lion prevails.
Thus, Kautilya adheres to the power view of International
politics. It means power is the ultimate reality of
International politics.
Kautilya advocates offensive foreign policy.
Contribution of Kautilya
He has helped Chandragupta Maurya in establishing his
empire. Chandragupta Maurya adopted Kautilya’s teachings
into practice. He entered into alliance with enemy kings of
Nanda to end the empire of Nandas. Bindusara also
continued with the Kautilyan tradition. The Mauryan empire
could secure a long period of stability and security by
adhering to the principles of Kautilya.
Arthashastra has theoretical significance also. It leads to
the development of the theory of International Politics also.
It gave the concept of Balance of Power. It has a special
place in the discipline of Public Administration.
Gandhi
Concept of Society
According to Gandhi, society is made up of various parts
which are interconnected and interdependent. Man is a part
of society and the purpose of society is to create the
conditions under which growth of Man would be possible.
The Gandhian idea of nonviolence is a social concept to
create order in society and to ensure development of
individuals. It is a moral concept for creating a good
society and an ideal state i.e Ram Rajya.
Note: Ram Rajya, according to Gandhi, is a situation when
there is complete order in society and everybody is free
from wants and miseries.
Aspects of Ahimsa
Ahimsa broadly involves two aspects- Negative aspects and
Positive aspects.
Positive Aspect of Ahimsa- It is related to a sense of “we”
feeling and cooperation with each other. According to
Gandhi, one can reach near to God by sacrificing oneself for
the sake of others.
Negative Aspect of Ahimsa- It involves not using violence
against anyone either directly, indirectly or even in
thoughts. According to Gandhi, use of violence against
human beings is violence against God because God resides
in every individual. Gandhi says that one should not hate
the sinner rather one should hate the sin.
Contemporary Relevance
By Following Gandhian principles, unethical practices
prevalent in politics and public services can be removed.
Gandhian principles focus upon the creation of a moral man
deeply connected to the larger interest of society.
Gandhi, B R Ambedkar
Dr. B. R. Ambedkar
Answer Structure-
Previous Year Questions
Q.1 Comment: The main political ideas contained in the
Manusmriti. (2003/ 20 marks).
Answer Structure: Introduction: Manusmriti is based on
Vedas and belongs to the tradition of Dharmasastra. It is
addressed to the Rajas and discusses the issue of Dharma at
length. Body: The main political ideas contained in
Manusmriti include:
1. State: It mentions state as rashtra, which are of four
types- Mitra rashtra, Ary or enemy rashtra, Udasin or
neutral rashtra, and Madhyama rashtra.
2. The idea of King: Manusmriti was based on the
contractual theory. It suggests that king should aspire to
achieve the Yogakshema i.e., the welfare of all people.
3. Nature of Authority of king: Unlike the King in the west
who had divine power, the king of Manu had only divine
personality but not divine powers. Therefore, the King does
not have absolute power.
4. Welfare State: The state should perform the following
functions, i.e., acquisition of land and wealth, protection of
land and people, rewarding the deserving people, etc.
5. Pluralist Theory of Law: Manusmriti mentions the various
courses of law which includes the Vedas, Customs and
Usages, consciousness of King, and deeds of great men.
Hence, it can be considered as a pluralist theory of law.
6. Administration of Laws: Laws are administered by the
king with the help of Brahmins and learned councillors.
7. Position of Ambassadors: Manu views ambassadors to be
next to only the King.
8. Four-Fold policy: Manu suggests that diplomacy should
adopt the four fold policy of Sama (settlement of disputes
through negotiation), Dama (Economic diplomacy), Danda
(Army), and Bheda (Espionage). Conclusion: Manu is
regarded as the father of the human race and the founder
of society and moral order. The ideas of Manusmriti laid the
foundation of Indian political thought and are relevant
even in contemporary times.
B R Ambedkar
Gandhi-Ambedkar Debate
According to Gandhi, Caste system was not the original
feature of Hinduism rather Varna System was the original
feature of Hinduism, which should be re-adopted because
Varna system is based on functional specialisation and
division of labour which is also the feature of all modern
societies.
Ambedkar rejected Gandhian view and said that Varna
system is not the current reality of Hindu society. It is the
textual view of Hindu society whereas Caste system is the
reality of Hindu society. It is the contextual view of Hindu
society.
According to Ambedkar, untouchability is a by-product of
the Caste system. Hence, the problem of Untouchability
cannot be resolved without annihilation of the Caste
System.
Ambedkar says that the Caste system is not based on
division of labour rather it is based on division of labourers.
Caste system is ascriptive in nature where status of a
person is decided since his birth. His caste decides his status
in society. It is not based on what an individual has
achieved in life.
Ambedkar also rejected the use of word ‘harijan’ for
untouchables rather he preferred to use the term ‘dalit’
because Harijan term can push them into the state of false
consciousness.
Ambedkar also criticised Gandhi by calling him a ‘stunt
man’. He said that Mahatmas will come and Mahatmas will
go but untouchables conditions have not improved.
Ambedkar has criticised Gandhi on many issues. He
criticised and rejected Gandhian ideas like Swaraj, Gram
Swaraj, Non-violence, promotion of Khadi, trusteeship, etc.
Ambedkar advocated a modern society based on modern
economy and polity. Ambedkar was more concerned about
this worldly things rather than other worldly things as
advocated by Gandhi.
Concluding Remarks
Ambedkar has often been portrayed as a leader who upheld
the partisan cause of the untouchables, due to which Arun
Shauri in his book, Worshipping False Gods has called
Ambedkar anti-national. Shauri argues that Ambedkar
emerged as the leader of the community rather than leader
of the nation. Ambedkar himself held that between the
interests of the Dalits and the interests of the nation, he
would give preference to the interests of the Dalits.
But such partisanship was grounded on a body of thought
and ideas built on defensible arguments which he very ably
and effectively deployed. However, according to Arundhati
Roy and Christophe Jeffrelot, it would be wrong to call
Ambedkar antinational.
Ambedkar represented the largest section of Indian society
(Bahujan samaj). A person representing the largest section
of the nation cannot be regarded as anti-national.
On the status of India as a nation, Ambedkar’s approach
was as practical as that of Jyotiba Phule. It was difficult for
Ambedkar to accept a society divided into castes as a
nation. The concept of nation, according to Ambedkar, is
based on the trinity of liberty, fraternity, and equality.
There can be no nation without this trinity. However, it does
not mean that there was no desire in Ambedkar that India
should not emerge as a nation.
Questions asked
1. Ambedkar’s ideas on constitutionalism. (2020)
2. Discuss Ambedkar’s ideas on annihilation of caste. (2018)
3. Political democracy could not last unless social
democracy lay at its base. Comment. (2017)
4. Comment: Ambedkar’s idea of state socialism. (2016)
5. Comment on views of Gandhi and Ambedkar on social
justice. (2011) 6. Comment: Ambedkar’s concept of social
justice. (2006)
M N Roy
dhi Roy
was successful. He was a failure in promoting his
philosophy.
e central principle to religion He did not give central position to
s philosophy. religion in his philosophy; rather h
focussed upon matter, that is, this
worldly thing.
dhi was greatly influenced by M N Roy was greatly influenced by
an philosophy and Epics- He Western philosophy.
influenced by the teaching of
gwat Gita, Lord Krishna and
d Buddha as well as Quran.
dhi did not advocate changes He changed existing ideas and gav
he existing ideas but only radical interpretation of the idea o
ssed on the refinement of human beings.
niques like Ahimsa.
Concluding Remarks
It can be said that Roy has been considered as the most
influential political thinker of modern Indian political
thought. His eminent work “Reason, Romanticism and
Revolution” is a noteworthy contribution to the history of
western thought.
He began his theoretical chase as a Marxist, but gradually
restated all the propositions of Marx. He gave a moral
reaffirmation of Marxism and developed radical humanism.
He can be classified as a utopian or romantic thinker. But
still humanistic and moralistic in his thinking. He was an
ethical revisionist in the history of socialist thought.
Note: Roy made a very serious observation about India’s
polity. He remarked that the Indian traditions of leadership
lend themselves to authoritarianism. The leader is
considered infallible. The presence of a charismatic
leadership indicates the fascist tendency in Indian politics.
One may agree with Roy that India lacks a democratic
tradition and existence of a peculiar social structure and
the tendency to hero worship makes for authoritarian
tradition. His warning about the Fascist danger in Indian
politics has proved to be true time and again.
Questions Asked
1. Comment on the Marxist and Radical Humanist phases of
M. N. Roy’s thoughts. (2012)
2. Comment on Radical Humanism. (2009)
3. Analyse M. N. Roy’s ideational journey from Marxism to
Radical Humanism. (2002)
4. What are the major components of Modern Indian
Political Thought? Examine them with reference to Gandhi
and M. N. Roy. (2001)
Questions Asked
1. According to Sri Aurobindo, Swaraj is a necessary
condition for India to accomplish its destined goal.
Comment. (2017)
2. Discuss Sri Aurobindo’s views on cultural nationalism.
(2016)
3. Comment: ‘Nationalism is not a mere political program,
but a way of life like religion’. (Aurobindo). (2014)
4. Comment on Sri Aurobindo’s idea of freedom. (2013)
Questions Asked
1. Comment: Sir Syed Ahmed Khan as a moderniser. (2013)
2. When a nation becomes devoid of arts and learning, it
invites poverty. In the light of this statement, assess the role
of Sir Syed Ahmed Khan as a reformer in Modern India.
(2021)
Political Theory
Traditional Approaches:
Traditional Approaches use philosophical, historical,
legal-institutional analysis for the study of politics.
Traditional Approaches focus on values, that is, standards
of desirability in society- what is worthwhile and what is
not so worthwhile.
Traditional approaches do not focus on facts. Scholars of
this approach believe that since facts and values are closely
interlinked therefore studies in political science can never
be purely scientific.
Traditional approach includes in its ambit the following
approaches to study politics:
Philosophical Approach
Historical Approach
Legal Institutional Approach
Empirical Approach
Philosophical Approach
This is the oldest approach in the discipline of political
science. The development of this approach can be traced
back to the Ancient Greek period- during the times of Plato
and Aristotle.
The Philosophical Approach aims at evolving standards of
Right and Wrong for the purpose of critical evaluation of
the existing institutions, laws, and policies.
The Philosophical Approach is prescriptive in nature, which
aims at improving the existing social structure which is
considered to be unjust. It is mainly an ethical study of
politics and thus idealistic. Philosophical Approach has
been criticised by scholars as being arm-chair theories.
They are not verifiable and observable and thus, they are
not a reliable source of knowledge. They are divorced from
reality. They are highly subjective and lack universal
validity.
However, scholars like John Rawls, Leo- Strauss, and Isiah
Berlin believe that the philosophical approach is most
suitable for the discipline of political science.
Examples of Philosophical approaches are- Rawls Theory of
Justice, Gandhi’s concept of Ram Rajya, Marx’s Communist
Manifesto, and Plato’s Republic, etc.
According to Sabine- “Without Philosophy no political
theory can ever hope to exist; without an eye on the future,
no present can ever afford to stay as no present stands
without its past.”
Historical Approach
❖ Traditional Political scholars have looked upon history as
a primary source of political analysis. They did not
characterise any difference between politics and history.
They have regarded history as past politics and politics as
present history.
❖ Historical approach tries to find the answer of what
institutions are more in the light of what they have been,
how they came to be, and what they are than in the
analysis of them as they are today.
❖ It was Machiavelli who strongly advocated the study of
history to understand politics. According to him, history
rather than philosophy is a better guide for the prince.
❖ Historical approach is best represented by Sabine. The
major exponents of this approach are Machiavelli, Laski,
Montesquieu, etc.
❖ Historical approach is the common sense based
approach. It is a sound because it is based upon facts,
causal, evaluative approach.
❖ Historical approach came under criticism by James
Bryce, Ernest Parker, and David Easton.
Critics argue that by historical approach it is not possible to
understand the ideas of past ages in terms of contemporary
ideas and concepts.
Empirical Approach
❖ The drive for value free theory started in order to make
the field of political theory scientific and objective. This new
orientation has been called by scholars a positive approach.
❖ Under the influence of positivism, political theorists tried
to gain scientific knowledge about political phenomena
based on observable and verifiable facts.
❖ Empirical approach is based on observation whereas
philosophical approach is based on ideas which cannot be
observed.
❖ Examples of Empirical approach:
➢ Aristotle’s work on Revolution.
➢ Machiavelli’s book The Prince, in which he has used
Empirical approach to a great deal.
➢ Locke’s argument is that Mind is a tabula rasa, that is, it
receives only those things which it experiences.
❖ Empirical approach has given way to behavioural
approach.
Differences between Empirical and Philosophical
approaches:
Modern Approaches
❖ To minimise the deficiencies of traditional approaches,
new approaches to study the political phenomena have
been suggested by the political thinkers. These new
approaches are regarded as modern approaches to the
study of political science.
❖ Modern approaches are fact-based approaches. They
emphasize on factual study of political events and try to
arrive at scientific and definite conclusions. Modern
approaches believe in interdisciplinary study. The goal of
Modern approaches is to replace normativism in Political
science with empiricism so that it can be more precise.
❖ Modern approaches to the study of political science
includes:
➢ Behavioural approach
➢ Post-behavioural approach.
Behaviouralism
❖ Charles Merriam is regarded as the “Father of
Behaviouralism.” The Chicago School of Political Science
played a significant role in promoting Behaviouralism.
Behaviouralism advocates for the study of politics in a
scientific manner. The core idea behind the development of
this approach was to make political science pure science.
❖ Kirk Patrick stated that while the traditional approach
accepted institution as the basic unit of analysis whereas
behavioural approach considered the behaviour of
individuals in political situations as the basis of political
research.
❖ Behaviouralism denotes a complete change in the
discipline of political science and its study. It led to a
change in the perspective of looking at the discipline. When
we change the method, it also changes the basic
assumptions, goals, methodology, nature, and scope of the
change. Thus, behaviouralism is often called the “Revolution
in Political Science”.
Though, some scholars prefer to call it movement within
political science. For example- Heinz Eulau says that
Behaviouralism is a renaissance movement and not a
revolution.
Contribution of Behaviouralism
❖ Political Science before the advent of behavioural
approach was in the state of decline, behavioralism was
able to arrest the decline.
❖ Behaviouralism made significant contributions in the
field of the analysis of electoral behaviour. This approach
makes political science more scientific and brings it closer
to the day-to-day life of the individuals.
❖ Contribution of behavioural approach to political science
needs to be acknowledged in certain areas. For example-
Voting Behavior, Inquiry into political process etc. have
been benefited greatly by the behavioural revolution.
Post Behaviouralism
❖ It is a reform movement within the discipline of political
science. The 1950s and 1960s, is the phase of activism in the
U.S.A There have been various types of protests like the
Civil Rights Movements, Women Movements, Environmental
Movements, etc. which necessitated – How to address these
crises.
❖ Relevance and Action were the main slogans of
Post-behaviouralism. Relevance means developing such
theories which can be used for the good of society and the
Action part talks about bringing changes in the society by
social action.
❖ David Easton clarifies that it is not rejection of
behaviouralism rather we are taking behaviouralism
forward. It can be argued that Traditionalism is Thesis and
Behaviouralism is Antithesis and Post- Behaviouralism is
Synthesis.
❖ Post- Behavioural approach maintains the following:
➢ Technique can be compromised for the sake of relevance.
➢ There is no need to be value neutral, values are needed.
❖ David Eston has given seven major traits of
Post-Behaviouralism which he termed as “Credo Of
Relevance” which are following as:
➢ Substance must have precedence over technique.
➢ Values need to be reconciled with the fact we cannot
reject the values altogether.
➢ Political science should aim at social change.
➢ Political science should be able to preserve the Human
Values of Civilization.
➢ Political science shall be an applied science rather than
that of pure science.
➢ The responsibility of social scientists is bigger than that
of the responsibility of natural scientists.
➢ Crisis solving approach should be followed to make the
discipline relevant.
Traditional Approaches
1. Discuss the significance of Normative approach to
political theory. (2020)
2. Comment: Difference between Normative and Empirical
theories. (2012)
Modern Approaches
1. Examine the importance of behavioural approach in
political theory. What led to its decline? (2021)
2. Comment: The post-behavioural approach. (2016)
3. Examine the significance of behavioural revolution in
politics. (2011) 4. “Post-behaviouralism is not a negation of
behavioural revolution but only its corrective”. How does it
seek to raise the status of discipline of Political science?
(2000)
5. Examine the limitations of behaviouralism as an
approach to the study of politics. (1992)
6. Examine the fact-value dichotomy in political science. To
what extent has post behaviouralism resolved the conflict in
the dichotomy? (1995)
Introduction
❖ The Indian National Movement was a grand struggle
launched against British imperialism. In the context of the
Indian National Movement, Indian Nationalism represented
two ideas:
➢ Anti-Imperialism
➢ National Unity
❖ The Indian National Movement was one the biggest
movements the world has witnessed, the presence of various
leaders and their analysis of the Nationalist Movement has
made it quite puzzling and thus there is no consensus on
one single perspective to describe the movement. Therefore,
there exists as diverse perspectives on the Indian National
Movement as diverse the country is.
Note:
❖ Meaning of perspective: Perspective means way of
looking at reality, it means the way different sections of
scholars looked at Indian National Movement.
❖ We study different perspectives on Indian National
Movement to get the complete picture of reality called
Indian National Movement because Indian National
Movement represented different schools of thoughts which
looked at Indian National Movement through different
perspectives.
Colonial Perspective
❖ Colonial scholars wrote about colonial countries with the
desire of domination and justification of their rule. They
criticised Indian society, Indian culture and India’s
tradition of unity in diversity.
❖ Scholars like J.S Mill wrote about India from a colonial
perspective. J.S Mill and Vincent Smith argued that it is
because of British efforts that unity was brought to India
and they viewed India as a stagnant society which required
guidance from the British. According to them, the British are
on a civilising mission. They talked about “white man’s
burden”.
❖ The British did not accept the diversity of India. They
always emphasised on India’s diversity and disunity and
this emphasis on diversity and disunity were emphasised by
colonial historians for justification of British rule. They
rejected the idea of India as a nation. ❖ Colonial historians
gave the following arguments for not accepting India as a
Nation:
➢ Indians are divided on the line of races.
➢ Indians are divided on the line of languages.
➢ Indians are divided on the lines of caste and religion, etc.
❖ British historians such as Malleson, Elphinstone, Dowson,
etc. presented a colonial view of history and rejected the
ideas of India as a nation.
❖ With the rise of Nationalist Movement and Nationalist
assertion of existence of India as a Nation, it became
necessary for colonial historians to counter this attempt to
bring Indians together, thus, they criticised Indian National
Movement as an agitation by selfish members of middle
classes or Bengali Babus. According to colonial historians,
India is merely a geographical expression.
❖ Imperialist historians of Cambridge School criticised the
Indian National Movement as a communal movement and
its leaders as Power Brokers.
❖ Colonial scholars asserted that political leaders of
community or political activities were not inspired by any
grand ideas like that of French Revolution-liberty, equality
and fraternity but political leaders were driven by instinct.
❖ In fact, British historians went on to the extent of calling
Indian Nationalists as selfish. These leaders were not
interested in the ideas of Nationalism. Moreover, different
communities used the Indian National Movement for their
own class interests.
According to British historians, these leaders were not
interested in the larger goal of India’s freedom rather they
were interested in the selfish and narrow goal of their own
community.
Liberal or Nationalist perspective
Concluding Remarks
Not any single perspective to gain wider understanding of
the Indian National Movement was completely and
holistically successful. Different perspectives on the Indian
National Movement implies different approaches adopted
by different scholars; at times their goals differed, their
strategies differed and their understanding of the Indian
National Movement differed.
But we have to keep our minds and arms open to
acknowledge the interplay of various forms of struggles
with varied social backgrounds and differences in
methodologies and particular goals, working at the same
time.
Questions Asked
1. Analyse the Marxist perspective of the nature of Indian
National Movement. (2021)
2. Comment: Role of Socialists in Indian National Movement.
(2020)
3. Dalit perspective on Indian National Movement. Discuss.
(2019)
4. The National Movement in India was anti-imperialist and
increasingly radical in its socio-economic and political
programmes. Discuss. (2019)
5. Critically examine the radical humanist perspective on
Indian National Movement. (2016)
Concluding remarks
After India’s independence, India took necessary measures
for ensuring Economic Growth. India adopted a centralised
planning system to achieve Balanced Development.
Economic reforms adopted by India in 1991 has further
transformed India to a great extent.
Today, India is considered one of the leading emerging
economies of the world and experts are of the view that the
Indian economy has got the potential to become one of the
leading economies of the world in the coming decades.
1. Gandhians Vs Modernists
❖ Gandhi wanted:
➢ Introduction of Panchayati Raj Institution.
➢ Decentralisation of Power.
➢ Ensuring Gram Swaraj.
➢ Central position should be given to Villages in India’s
future development.
❖ Gandhian Model in Constituent Assembly was proposed
by S.N Aggarwal who drafted the Gandhian Constitution
and made village panchayat as primary political unit.
❖ According to him, members of the panchayat will be
elected by adults of villages. Panchayats will supervise
cooperative farming, irrigation, khadi and village
industries.
This Gandhian Constitution was contested by modernists
present in the Constituent Assembly and most prominent of
modernists were Nehru, Patel and Ambedkar who contested
the Gandhian Constitution. Ultimately, the Gandhian
proposal was accommodated under the Directive Principles
of State Policies of the Indian constitution.
2. Liberalism Vs Socialism
❖ In the constituent assembly there was a strong presence
of both the schools and both liberal and socialist groups
were very strong. There was a disagreement with respect to
the mechanism to be adopted to achieve socialistic goals.
❖ There were the presence of different brands of socialism
in the Constituent Assembly, ranging from Marxism to
Gandhian model to Fabian Socialism. Most of the
Constituent Assembly members were Fabian socialist and
the most prominent one was Pt. Nehru.
❖ In the context of India, the ultimate goal of socialism,
that is, how to bring equality was important. But different
groups differed on the method to be adopted for achieving
the goals of socialism.
Hence, a compromise was made and India adopted
democratic socialism-It means the goals of socialism were
to be achieved through democratic means. For this purpose
Article 39 clause (b) & (c) were incorporated under the
Constitution of India.
❖ Article 39(b) says, State shall try to ensure equitable
distribution of resources among people, Article 39(c) says,
State shall endeavour to prevent concentration of wealth
into few hands. These are the most important socialistic
ideals provided under the Constitution (Details will be
discussed in Preamble Chapter).
Preamble
Nature of Preamble
❖ Preamble is non-justiciable in nature and cannot be
enforced in court of law. In other words, the Preamble is a
non-operating part of the Constitution, that is, the Preamble
cannot override specific provisions of the Constitution. For
example, if there is a clash between the Preamble and
Article 21 of the Constitution then it is Article 21 that will
prevail over the Preamble.
❖ According to the Supreme Court, the Preamble helps us in
legal interpretation of the Constitution. If a provision of the
Constitution is capable of providing two or more
interpretations, then interpretation that tallies with
Preamble, shall be given preference by the court but it is
not mandatory.
❖ Preamble is called an ornamental part of the Constitution
and it is in the form of a declaration.
Purpose of Preamble
❖ The Preamble declares that the Constitution emanates
from the People and all authority enjoyed by the
Constitution is derived from the people themselves. The
Constitution locates sovereignty into the hands of people of
India.
Kehar singh Vs Union of India case, 1990
❖ In this case, the Supreme Court held that the constitution
emanates from the people, is a legal fiction and conclusive
assumption which cannot be tested in a court of law
because questioning this legal fiction will destroy the
Nation and Constitution.
❖ Preamble contains the enacting clause where it is stated
that the Constitution was enacted and adopted on 26th
November 1949. However, the Constitution commenced on
26th January 1950.
Modern View:
❖ On the other hand, the modern view is that the Preamble
is a part of the Constitution because the Parliament can
amend only part of the Constitution.
❖ But, in Kesavananda Bharati case, the Court held that
Preamble is an integral part of the Constitution of India.
The court also accepted the fact that earlier it had
overlooked an important fact that the preamble was
adopted by the Constituent Assembly by the motion after
the whole constitution was passed.
Preamble (Part-2)
Ideals of Preamble
1. Sovereignty
➢ Sovereignty means uncontrolled and unlimited powers
while taking decisions. It means India does not recognize
any other powers while taking its decisions.
➢ It is often said that globalisation has impacted the
sovereignty of the nation state. In fact some experts also
say that globalisation has also diluted the sovereignty of
countries but it is not completely true that globalisation has
diluted the sovereignty of a country.
➢ It has certainly impacted sovereignty to a great extent
but sovereignty of a country largely remains intact.
➢ External sovereignty of a country in some cases is
certainly impacted under influence from external powers.
For example, India’s decision not to purchase crude oil
from Iran under American pressure is an example of impact
on Sovereignty by external powers.
➢ On the other hand, internal sovereignty refers to the
relationship between State and Individual within its
territory. Internal sovereignty relates to internal and
domestic affairs and by large, India’s internal sovereignty
is intact.
➢ In economic matters, sovereignty of nation has certainly
been impacted-
✓ For example, in any trade agreement between two
countries, interests of both the countries are to be taken
into account.
✓ For example, the economic sovereignty of a country gets
impacted under pressure from external agencies like the
IMF, World Bank etc.
➢ Globalisation has certainly impacted to a great extent
but the sovereignty of the nation still remains intact. India’s
decision to purchase crude oil from Russia despite pressure
tactics of the USA, is an example of exercise of India’s
sovereignty.
➢ Ability to exercise freedom depends on power and today
there is a significant increase in the power of India. India,
today, is recognized as the Engine of the Global Economy.
➢ According to IMF Chief Economic Adviser, Geeta Gopi
Nath, India contributes 15% to global GDP today. India is
the fastest growing emerging economic market, a nuclear
power and one of the strongest contenders for a permanent
seat in UNSC.
➢ All these factors make India’s position very strong and it
can be said that the majority of India’s decision is being
taken by India on its own.
3. Secularism
➢ It means worldly as opposed to otherworldly or spiritual.
Secularism means the State is neutral on religious grounds.
➢ The Secular State does not recognise religion as the
official religion of the country. So, Secularism means the
existence of religious tolerance, diversity, and pluralism in
the field of religion.
➢ It means that all religions have the right to co-exist on
the soil of India. It means the state is neither religious nor
anti-religious or irreligious but only non-religious in
character.
➢ Secularism in India is based upon the principle of
‘Sarvadharma Sambhava’ which means all religions are
equal.
Western Secularism
❖ It is completely separated from religion. The State
cannot patronise any religion whereas in India the State is
free to protect any religion provided no discrimination is
shown between any religion.
❖ Secularism in India is provided under Article 25 to 28,
which are the Fundamental Rights of the Constitution.
Preamble (Part-3)
Ideals of Preamble
4. Democratic
➢ Ambedkar believes that democracy is not one man-one
vote but also value. Social and economic democracy is as
important as political democracy. Hence, he advocated
protection of minority rights.
➢ Democracy means government is “of the people, for the
people and by the people”. The form of democracy provided
in India is Multi- Party Democracy. The kind of democracy
provided is Representative Democracy. It is based on the
one man one vote and one value principle. It is provided
under Article 326 which provides for Universal Adult
Suffrage, that is, the Right to Vote cannot be discriminated
against on the grounds of religion, race, caste, sex etc.
(Universal). Adults who are above 18 years of age have got
the right to vote. Suffrage means the right to vote.
5. Republic
➢ Democratic Republic
✓ The head of state is elected directly or indirectly by the
people and is not a hereditary monarch. India has an
elected president who is the Head of the State and any
person who is a citizen of India can occupy all offices
including that of President. It means any person can
become President of India.
Aspirations
1. Justice ➢ The Constitution of India provides a
wholesome form of justice e.g., Preamble talks about all
three forms of Justice i.e., social justice, it means there
should be equal treatment of all citizens without social
distinction based on caste, religion, race, sex etc. It has
been provided under Article 14 to Article 18.
➢ Economic Justice
✓ Economic justice implies that there should be no
discrimination between people on the basis of Economic
Factors. It has been provided under Article 39(b) &39(c).
➢ Political Justice
✓ Political justice denotes that all citizens should have
equal political rights, equal access to all political offices
and equal voices in the government. It has been provided
under Article 326.
2. Liberty
➢ The term Liberty means Freedom of an individual to do
what he considers best to himself and does not violate
others’ rights.
➢ Liberty does not mean licence, it means responsibility.
➢ Liberty also means the absence of arbitrary powers
exercised by the State over individuals.
➢ Preamble talks about two forms of Liberty:
1. Liberty of thought and expression provided under Article
19 [(1) (a)]. 2. Liberty of belief, faith and worship. It has
been provided by Article 25-28.
3. Equality
➢ Equality means the absence of privileges to a Group of
people and also enough opportunity to all individuals
without discrimination.
➢ Preamble talks two kinds of equality:
1. Equality of status is guaranteed under Article 15, 16, 17
and 18.
2. Equality of opportunity provided under Article 16.
4. Fraternity
➢ It is a sense of brotherhood prevalent among all the
people of India when they feel they are sons and daughters
of the same soil.
➢ It leads to social harmony, and it promotes integrity
among people.
Significance of Preamble
❖ The preamble reflects the sacrifices made and the
struggles faced by the people of India in their fight for an
independent India. It pays homage to the freedom fighters
and the principles for which they fought.
❖ The use of the words such as justice, liberty, and equality
in the Preamble reflects the influence of the International
ideals and principles. It highlights India’s commitment to
global values of human rights, social justice, and equality.
❖ The Preamble of the Indian Constitution encapsulates the
foundational values, principles and objectives that guide
the nation’s governance. It plays a significant role in
shaping the interpretation and application of the provisions
of the Constitution and serves as a reminder of the vision
and the goals of the framers of the Constitution.
Concluding Remarks
❖ The Preamble of the Indian Constitution lays down the
nature of the Indian State and the objectives which are to
be achieved for all the citizens of India. It also upholds the
sovereignty of the people of India and records the date on
which the Constitution was finally adopted by the
Constituent Assembly. Each word of the Preamble conveys a
set of ideals. The interpretation of the Constitution is done
keeping in mind the Preamble.
❖ Challenges do exist while we try to realise these ideals
fully, but the Preamble continues to serve as a foundation
stone for India’s constitutional framework and democratic
governance.
Questions Asked
1. Mention the founding principles that define India’s
Constitution. (2021)
2. In the light of neo-economic policies adopted since 1991,
examine the relevance of the term ‘socialist’ in the
Preamble. (2015)
3. Comment: Secularism in the Indian Constitution. (2015)
4. Comment: Significance of the Preamble. (2013)
5. Minorities are the natural custodians of the secular state.
Discuss. (2010)
6. Explain the main principles embodied in the Preamble to
the Constitution of India. What is their significance? Do you
think that they are the political horoscope of the country?
Discuss. (2004)
Fundamental Rights
Significance of Rights
❖ Rights are those conditions that help an individual in
realising his true self. If an individual will not have rights,
then his personality will not develop to its fullest and the
individual will not be able to make a contribution to
society.
❖ Without rights an individual will become a subject – he
will have only duties to follow.
Meaning of Rights
❖ The rights are claims of individuals which get recognition
from society, rights also get enforced by the state.
❖ The rights are considered as an entitlement of an
individual to perform certain actions and not to perform
certain actions.
Relationships between Rights and Duties
❖ Rights and Duties are part of the same coin, they are
complementary to each other.
❖ Rights cannot last long without corresponding
obligations. If individuals have only rights and no duties,
then an individual will have no constructive contribution to
society and the person will become nearly a critic.
Natural Rights
❖ Natural rights are those rights that are granted to
individuals by nature. An individual enjoys these rights
since birth. For example, the right to life and liberty.
❖ Natural rights can be termed as fundamental rights also,
for example, the right to life and the right to liberty are
part of fundamental rights provided under the Indian
Constitution.
Human Rights
❖ These rights are enjoyed by an individual because he or
she is a human being. His rights are universal in nature.
❖ These rights became universal in nature after the UN
Declaration of Human Rights in 1948.
❖ The violation of human rights today may be a cause of
conflict tomorrow, that is why the protection of human
rights is the responsibility of every country.
Rule of Law
The concept of the Rule of Law originated in England. It is
found under Article 14 of Indian Constitution. It means
absolute supremacy of regular law as opposed to the
influence of arbitrary powers. It means the predominance
of legal spirit in the administration of the country and
government shall be subjected to the law and not the other
way round, that is, the law is not subjected to government.
It means law is supreme i.e., lex supremus or in other
words, law is the highest authority in the country. It means
be you ever so high the law is always above you. It is the
adoption of rule of law that changed the conception of
administration from REX-LEX, that is, King is Law to
LEX-REX, that is, Law is King. The Rule of Law is essential
for maintaining order in society and without this
administration cannot function smoothly. The Rule of Law is
essential for the healthy functioning of democracy.
The Supreme Court under Article 32 and High Court under
Article 226 respectively is empowered to implement the rule
of law.
According to the Supreme Court, the rule of law pervades
the entire constitution. It is one of the basic values on which
the entire constitution has been built. Therefore, the
Supreme Court held that rule of law is the part of basic
structure of the constitution which is applicable under all
circumstance except the three exception is given in case of
President or Governor of State
It was A.C Dicey, a British legal commentator who
popularised this idea of Rule of Law through his book –
“Law and the Constitution.” According to him, Rule of Law
means following things:
1. No person shall be punished or made to suffer in body or
goods except for the violation of law. Such a violation of
law shall be established in an ordinary court of law in an
ordinary legal manner.
2. All persons are subject to ordinary law of the land
without any distinction of rank or position.
3. The Constitution is the result of ordinary law of land, but
this third principle is not applied in the case of India
because the Constitution is the Supreme Law of Land in
India and all laws passed by Legislature must conform to
the Constitution.
NOTE:
❖ In the P.A. Inamdar Vs State of Maharashtra Case (2005),
Supreme Court stated that the State cannot impose the
policy of reservation on unaided educational institutions.
❖ The Supreme Court upheld the Constitutional validity of
the 93rd Constitutional Amendment Act in the Ashok Thakur
Vs Union of India Case.
Article 15 (6):
❖ It empowers the State to make special provisions for
economically weaker sections of citizens.
❖ The State is empowered to provide 10% of the
reservation of seats for the EWS (Economically weaker
section) category for admission into educational institutions
– both aided and unaided educational institutions except
minority institutions.
❖ The 103rd Constitutional Amendment Act of 2019
provides 10% reservation to Economically Weaker Sections
(EWS) of society for admission to the centre of government
and private educational institutions.
Article 16 (4):
❖ It empowers the State to reserve seats in favour of
socially and educationally backward class of citizens in
public employment.
❖ Article 16 (4) is called an enabling clause because
without Article 16 (4) the State cannot reserve seats for the
backward class in public employment. But Article 16 (4)
does not confirm a fundamental right of the backward class
of citizens for reservation in public employment.
❖ Under Article 16 (4) various conditions must be
considered by the State to reserve seats in favour of the
backward class of citizens.
➢ The said class of citizens shall be educationally and
socially backward.
➢ The backward class of citizens should not be adequately
represented in government employment.
Vertical Reservation:
❖ Rules regarding vertical reservation were given by the
Supreme Court in the Indra Sawhney Case (1992).
❖ In this case the Supreme Court stated that overall
reservation in favour of Backward classes shall not exceed
50% except in exceptional conditions.
Tamil Nadu Reservation Policy (Exception to the above
rule):
❖ Tamil Nadu is the only State where the percentage of
seats reserved for backward classes exceeds 50% and it is
69%.
❖ This policy became unconstitutional and void when the
rule of vertical reservation was introduced by the Supreme
Court in the Indra Sawhney Case and the Tamil Nadu
Government was forced to scale down this reservation
policy to 50%.
❖ But the Tamil Nadu Assembly enacted the Tamil Nadu
Reservation Act 1994, under which 69% of seats are
reserved for the backward classes.
❖ This Act was placed under the 9th Schedule by
Parliament which was not subject to Judicial review at that
time.
NOTE: ❖ Article 31-B was introduced to the Constitution by
the First Constitutional Amendment 1951 and it says that
acts placed under the 9th Schedule are not subject to
Judicial Review.
Objectives:
Restricting Freedom of Speech and Expression:
The amendment added limitations to the right to freedom of
speech and expression in the form of 'public order,' 'friendly
relations with foreign states,' and 'incitement to an offence.'
Special Provisions for Backward Classes:
It introduced Clause 4 in Article 15 to enable the
government to make special provisions for socially and
educationally backward classes, Scheduled Castes, and
Scheduled Tribes.
Land Reforms:
Articles 31A and 31B were added to exempt land reforms
from constitutional scrutiny. Additionally, the Ninth
Schedule was inserted to protect laws related to land reform
from challenges against violations of fundamental rights.
Criticisms:
Broad Powers under Article 31(A): It granted the
government sweeping authority to acquire property without
being challenged for violating fundamental rights like
equality (Article 14) and freedom of speech (Article 19). This
raised concerns about unchecked government power.
Limitations on Freedom of Speech: The amendment
introduced additional grounds for restricting free speech,
seen by many as arbitrary state action, prompting
questions about the necessity and proportionality of these
limitations.
Misuse of the Ninth Schedule: Originally intended for land
reforms and agricultural development, the Ninth Schedule
saw the addition of approximately 270 legislations,
effectively shielding potentially unconstitutional laws from
legal challenges. Overall the First Amendment Act faced
criticism for expanding government powers, limiting free
speech, and the perceived misuse of the Ninth Schedule.
Article 20:
❖ It deals with protection in respect of conviction for
offences.
❖ Article 20 provides three types of protection.
Article 20 (1):
❖ It prohibits the State from enacting ex-post facto
criminal legislation.
❖ This means the State cannot enact a criminal law and
give retrospective effect to criminal law.
❖ But it does not prohibit civil legislation and gives it
retrospective effect.
❖ Under Article 20 (1), an act in order to be a criminal act
i.e., punishable must be so declared in the law at the time of
commissioning of the act.
❖ An act that is not a criminal law at the time of its
commission cannot be subsequently made into a criminal
act and the individual is punished for that.
Article 20 (2):
❖ It prohibits the State from practising double jeopardy. It
means punishing an individual more than once by a court
of law for the commission of a single criminal act.
❖ This means if a civil servant is dismissed or removed
from service by his department on the basis of his criminal
conviction in a court of law does not amount to double
jeopardy.
❖ Because the department is not a court of law.
Article 20 (3):
❖ It prohibits the State from compelling an individual to
provide self-incriminating evidence means a confession
made by a person against himself cannot be the basis of his
punishment.
❖ It means compelling an individual to make a statement
and use the statement against the individual himself and
procure punishment under the rule of law.
❖ This article is given to save the citizen from the might
and oppression of the State.
❖ Under the Prevention of Terrorism Act, (POTA) of 2002 the
confession can be used by the police provided the
confession should be informed to the judiciary within 24
hours.
Article 21
❖ It guarantees all individuals the right to life and
personal liberty. As the Constitutional form of Government
continues to evolve in India under the present Constitution,
it is Article 21 that has undergone the greatest changes due
to the liberal interpretation provided by the Supreme Court.
❖ According to the Supreme Court, Article 21 guarantees
not merely the right to life but the right to a dignified life
also. All other fundamental rights and directive principles
are also ultimately aiming to extend this quality of life to
people.
❖ Article 21 guarantees the right to quality of life;
therefore, the other fundamental rights and directive
principles revolve around the right to life and without the
right to life other fundamental rights become meaningless.
❖ Thus, Article 21 has emerged as the fundamental of all
fundamental rights and has emerged as the backbone of
Part III and Part IV of the Constitution.
❖ Even if other fundamental rights and directive principles
have not been provided. Under the Constitution and
independent judiciary by providing a liberal interpretation
to Article 21 i.e., the Right to Life can implicitly bring all
other fundamental rights for the people to enjoy.
❖ As the Supreme Court has observed Article 21 is a
composite right and has given the right to the largest
number of inferred rights or implied rights namely
➢ Right to Primary Education
➢ Right to Privacy
➢ Right to Health of the Workers
➢ Right Against Cruel Punishment
➢ Right Against Arbitrary Dismissal
➢ Right Against Denial of Wages
➢ Right to Speedy and Fair Trial
➢ Right to Clean and Liveable Environment
➢ Right to Corruption-Free Administration
❖ It is Article 21 that makes a difference between a
Constitutional State and a Police State. Thus, Article 21 has
contributed the maximum to the evolution of the
Constitution. Article 21 removes arbitrariness from the
decision-making process.
Article 21 A:
❖ It was introduced in the Constitution by the 86th
Constitutional Amendment Act. Under Article 21 A, the State
shall provide free and compulsory education to all children
between the age group of 6– 14 years by means of law.
❖ Article 21 A guarantees the right to primary education for
children between the age group of 6 – 14 years.
❖ To provide free education is the responsibility of the
State and to provide compulsory education is the
responsibility of the parents.
❖ The 86th Constitutional Amendment Act also introduced a
new Fundamental Duty under Article 51A (k).
❖ This fundamental duty reads that it should be the duty of
every parent to provide education to his or her child
between the age of 6–14 years.
Subramanian Committee Recommendations:
❖ According to the Subramanian Committee, there is a need
to increase expenditure to 6% of GDP.
❖ A new All India Service i.e., Indian Education Service
should be established under which teachers should be
evaluated every year.
❖ Online education should be promoted even board
examinations on demand can be given online.
❖ There is a need to increase investment in vocational
courses. ➢ Information and Communication Technology
should be promoted.
➢ Suggestions to improve education at the elementary
level.
✓ There should be an investment in quality education.
✓ There should be an improvement in the quality of
teachers.
✓ Introduction of vocational courses in schools especially
Information and Communication Technology related.
Article 32
❖ It is remedial in nature. In this sense, it states that an
individual has the right to move the Supreme Court in order
to get his fundamental right enforced if they are violated.
Therefore, without remedy the fundamental rights may not
be a real right.
❖ It is Article 32 that conferred the legal status on
fundamental rights and makes fundamental rights
enforceable, that is why, the Constitution has made Article
32 itself as a fundamental right. It talks about the Right to
Constitutional Remedies.
❖ Dr. B. R. Ambedkar describes Article 32 as fundamental of
all fundamental rights and the heart and soul of the
Constitution. Because the whole Constitution would become
null and void without any protection. It provides teeth to
the fundamental right to bite.
❖ If Fundamental Rights are violated then they can
approach the Supreme Court under Article 32, and High
Court under Article 226 of the Constitution.
Sub Clauses:
❖ Article 32(1): It says that in case of violation of
fundamental rights, anybody can approach the Supreme
Court directly.
❖ Article 32(2): It empowers Supreme Courts and High
Courts to issue writs in the nature of Habeas Corpus,
Mandamus, Certiorari, Prohibition and Quo-Warranto to
enforce fundamental rights. Writs have been borrowed from
the English Constitution.
❖ Article 32(3): It empowers quasi-judicial bodies like CAT
(Central Administrative Tribunal), SAT (State Administrative
Tribunal), IT tribunals to issue writs.
Article 32 (2)
❖ It empowers the Supreme Court to issue prerogative
writs, such as Habeas Corpus, Mandamus, Prohibition,
Certiorari and Quo-warranto.
❖ Under Article 32 (2) the Supreme Court has a duty to
implement fundamental rights if they are violated.
❖ Writ jurisdiction had been borrowed from the English
Constitution.
❖ Under the Indian Constitution the Supreme Court and
High Court enjoy writ jurisdiction under Article 32 and
Article 226 respectively. The subordinate courts do not enjoy
writ jurisdiction. The power of judicial review is implicit
under the writ jurisdiction of the Supreme Court and High
Courts.
❖ Further, the Supreme Court has expanded this scope of
writ jurisdiction by including the concept of Public Interest
Litigation (PIL) under its jurisdiction.
❖ Article 32 (3) empowers the Parliament to confer the
direction on other bodies.
❖ The Parliament enacted the Administrative Tribunal Act
of 1985 which has conferred jurisdiction on the Central
Administrative Tribunal and the State Administrative
Tribunal.
Habeas Corpus:
❖ This writ is issued in order to safeguard or protect
individual liberty such as the Right to Freedom of
Movement.
❖ It can be issued both against the public authority or an
individual.
❖ It is issued to determine whether the detention of a
person is legally justified or not.
❖ It can be preferred before the Court by any individual or
organisation and not necessarily only by aggrieved
individuals. Therefore, the principal locus standi does not
imply in the case of a writ of Habeas Corpus. It means legal
justification for an individual to approach the Court for
seeking justice.
❖ Habeas Corpus literally means to have the body. It
means to have the production of a detained person
physically before the court in order to ascertain the ground
of his detention.
❖ However, if the material facts related to his detention are
presented to the Court, then the Court may not insist upon
the physical production of the detained person. If the Court
finds its detention is illegal it will order for his release
immediately.
Mandamus:
❖ It literally means “command”. Therefore, the writ is
issued in the form of command by the Court. It can be
issued only against a person holding public office or
against a public authority. For Example, the Vice Chancellor
of Delhi University holds a public office and the MCD
Commissioner is a public authority.
❖ It cannot be issued against an individual or private
organisation. It is issued in order to enforce statutory rights
but not a private right.
❖ The right created by law is called the statutory right and
other rights are called private rights.
❖ The court issued this writ if a public office or a public
authority has failed to discharge his official duty and, in the
process, the legal right of an individual is violated.
❖ Only the aggrieved individual can approach the court to
file the writ of Mandamus. However, this writ cannot be
issued against the President or a Governor of a State.
Prohibition:
❖ This writ can be issued against the Judicial or a
quasi-judicial body like CAT (Central Administrative
Tribunal), SAT, Income Tax Tribunal, etc.
❖ It is issued in order to ensure that the judicial or
quasi-judicial body keeps within its limits of jurisdiction
and does not usher that is assumed excess jurisdiction.
❖ If a judicial or quasi-judicial body takes up a case in
excess of his jurisdiction then his writ of prohibition
prohibits the judicial or quasi-judicial body from
proceeding with the trial of the case. only the aggrieved
individual can file the writ of prohibition.
Certiorari:
❖ This writ is similar to the writ of prohibition.
❖ It is issued in order to quash i.e., to cancel the
judgement, direction or order issued by a judicial or
quasi-judicial body in excess of his jurisdiction.
❖ The writ of Certiorari can also be issued against the
executive body, if it performs quasijudicial functions.
Quo-Warranto:
❖ It literally means “ what is your authority”.
❖ The object of this writ is to ensure that a person
occupying a public office is qualified to hold that office.
❖ Therefore, this writ can be issued only against a person
holding a public office.
❖ It can be preferred by any individual whether he himself
is qualified to hold that office or not.
❖ When this writ is issued by the Court then the person
holding the public office stands removed from his public
office.
Directive Principles of State Policy
❖ The Directive Principles of State Policy are directions to
the state while formulating policies, enacting laws and
legislating. ❖ The Directive Principles of State Policy have
been borrowed from the Constitution of Ireland.
❖ They epitomise the ideals of people.
❖ They have evolved along with the Constitutional form of
Government.
❖ The Directive Principles seek to establish a welfare state
as opposed to Laissezfaire/regulatory state.
➢ Regulatory state: It performs only one function which is
the maintenance of law and order, carrying out day-to-day
administration of the country.
➢ It leaves the economic development of the people to the
individuals themselves.
➢ On the other hand, the welfare state performs a dual
function, that is as a regulatory state and actively
participates in the economic development of the people.
➢ Therefore, the welfare state is inherently more dynamic
than the regulatory state.
❖ The Directive Principles are in the nature of general
direction or instruction to the state.
❖ Directive Principles are a unique blend of: ➢ Socialism ➢
Gandhism ➢ Western Liberalism ➢ The freedom struggle of
India
❖ They embody the aims which the state must bear in mind
while formulating policies and making laws.
❖ They seek to provide methods to empower the people.
❖ They constitute a very comprehensive social, economic
and administrative programme for a modern democratic
state.
❖ However, they are non-justiciable in nature, that is they
cannot be enforced in a court of law. They will be
enforceable only when they are included in the policy
formulated by laws enacted by the state.
NOTE:
❖ Even though it is non-justiciable in nature, the
Constitution of India says under Article 37 it is fundamental
in the governance of the country.
Relationship between the Fundamental Rights and Directive
Principles:
❖ Article 37 states that the Directive Principles are not
enforceable in a court of law. Nevertheless, they are
fundamental in the governance of the country.
❖ It is the duty of the state to incorporate the Directive
Principles in the policies formulated and the laws enacted in
order to promote the welfare concept but the supreme court
in the Champakam Dorairajan Vs State of Madras case
1951, held that the Directive Principles cannot override the
fundamental Rights. Directive Principles have to confirm
and run as a subsidiary to the Fundamental rights.
❖ In the case of any conflict between the Fundamental
Rights and Directive Principles, the Fundamental Rights will
prevail. The Supreme Court held that the Directive
Principles were inferior to Fundamental Rights.
❖ The decision of the Supreme Court came in the way of
enacting social legislation such as the Zamindari Abolition
Act and the Land Reforms Acts.
❖ The Supreme Court subsequently realised the importance
of the Directive Principles and propounded the Kerala
Education Bill Case of 1957.
❖ The theory of harmonisation observed that Directive
Principles cannot override Fundamental Rights.
❖ Nevertheless, in determining the scope and extent of the
Fundamental Rights the court may not completely ignore
the Directive Principles and the Directive Principles and
Fundamental Rights shall be harmoniously constructed and
the court must attempt to give effect to both the Directive
Principles and Fundamental Rights as much as possible.
❖ Under the theory of harmonisation the court held that
there is no inherent conflict between the Directive Principles
and Fundamental Rights and they supplement each other in
establishing political, social and economic democracy.
❖ In view of this the court has the responsibility to
interpret the Constitution in such a way to the social
objective held out by the Directive Principles, with the
individual rights guaranteed by the Fundamental Rights.
❖ This is the mandate of the Constitution not only to the
legislature and the executive but also to the court.
Therefore, the provision in Part III should be interpreted
having regard to the Directive Principles.
❖ The Directive Principles are also relevant to consider
what are reasonable restrictions on Fundamental Rights.
However, if only one interpretation is possible which leads
to a conflict between the Fundamental Rights and the
Directive Principles, the court has no choice but to give
effect to the Fundamental Rights in preference to the
Directive Principles.
❖ On the basis of the whole interpretation the Supreme
Court held the Bank Nationalisation Act- 1971, as
unconstitutional and void which were passed to give effect
to Article 39 (b) and 39 (c) as unconstitutional and void as
they violated Article 14, 19 and 13.
❖ The parliament responded by enacting the 25th
Amendment Act 1971 which introduced a new article,
namely Article 31 (c) in the constitution.
➢ It read if the state enacts a law to give effects to the
directive given under Article 39 (b) and 39 (c) and in the
directive given under Article 14, 19 and 31 the law shall not
be declared unconstitutional and void merely on this
ground.
➢ The Supreme Court in the Kesavananda Bharati case
upheld the constitutional validity of the 25th Amendment
Act and on the basis of this, the court subsequently declared
the Bank Nationalisation Act and the Privy Purse (abolition)
Act as Constitutionally void.
❖ The 42nd Amendment Act 1976 among other things
amended Article 31 (c) which in amended form read that if
the state enacts the law to give effect to any of the Directive
Principles and in the process if the law violated Article 14,
19 and 31, the law shall not be declared as unconstitutional
and void merely on the grounds of Article 31 (c). Further
stated that any such law declaring that it is to give effect to
the Directive Principles shall not be questioned in a court of
law.
❖ The 44th Constitutional Amendment Act 1978 renamed
Article 31 from the set of fundamental rights and made it a
right under Article 300 (A).
❖ The changes introduced by the 42nd Amendment Act 1976
in Article 31 (c) was held to be unconstitutional and void in
Minerva mills case on the grounds that it violated the
court's power of judicial review and disturbs the balance
between Part III and Part IV and which are the parts of
the basic structure of the Constitution.
❖ Thus, the present position in terms of the relation
between Fundamental Rights and Directive Principles is that
the two directions given under Article 39 (b) and 39 (c) can
prevail over the Fundamental Rights given under Article 14
and 19.
Purpose of Amendment
❖ The Constitution is the vehicle of social change. It is the
dynamic instrument to ensure social revolution. The
Constitution should be in position to ensure the well-being
of people and social justice. It must take into account
changing aspirations of people. It must evolve with the
passage of time. ❖ According to Pt. Nehru, if amendment
will be stopped then the growth of the Nation will also be
stopped.
❖ According to Dr. B. Rao Ambedkar, there should be
enough flexibility for the amendment of the Constitution. An
unamendable Constitution is the worst tyranny of the time
because such a constitution will not be able to fulfil
aspirations of people.
❖ If the Constitution is unamendable then people may
resort to conflict and violence to ensure amendment. That is
why, provisions of amendment of the Constitution can be
considered as peaceful ways of bringing revolution.
Politics of Amendment:
❖ Amendment has remained a bone of contention in the
Indian context because an unrestricted amendment will
destroy the federalism feature of the constitution.
❖ Constitutional supremacy says that the constitution is
supreme in India and not the organs created by the
constitution. The Supreme Court of India is the final
interpreter of the constitution.
❖ Any law passed by the Parliament is subject to Judicial
review.
❖ The original constitution under Article 368 provided the
procedure to amend the constitution.
❖ A constitution does not speak through itself. A
constitution speaks through the judiciary.
Concluding Remarks
❖ In spite of the above criticism, fundamental duties have
been accepted as part of the Constitution. Even subsequent
Constitutional Amendment Acts like the 44th Constitutional
Amendment Act did not make any change with respect to
the list of fundamental duties.
❖ It has been suggested by the Verma Committee to
sensitize people about fundamental duties.
Parliament
Introduction
❖ The objective of efficient and effective governance is the
ultimate expectation of every civilised society, and this role
is performed by the government: one of the four essential
elements of the state.
❖ A government normally functions by dividing its
functions between its organs, with each organ performing
some specific functions. It primarily performs three main
functions i.e., making of laws by the legislature, enforcing of
the laws by executive and adjudication of disputes by the
judiciary. This Legislative system of dividing powers among
the three organs of a government is called "separation of
powers."
Legislature/Parliament
❖ Legislature is the rule-making department, and it is
commonly known as the Parliament. In the words of John
Locke, Legislature is the most important organ of
government because it is where the will of the people get
represented. It is a branch which makes the laws according
to the wishes of the people.
❖ As a parliament/legislature is representative of people so
it is called an institutional representation of popular
sovereignty.
❖ The Constituent Assembly opines that Parliament of
India is the most important branch of the government as it
is an embodiment of the people's views, and it is responsible
for the administration of the country.
Representation of People
❖ In contemporary times, direct democracy is difficult to
achieve. Therefore, people in a democracy elect their
representatives to perform the task of governance.
Representation is a process via which the attitudes,
preferences, viewpoints, desires of the entire citizenry or a
part of them with their expressed approval got shaped into
governmental action on their behalf.
❖ There is a famous saying 'one who controls the purse
controls the mind'. Parliament exercises full control over the
finances of the government. The principle of no taxation
without representation is the core of democratic
governance. It is visible in the form as people sent their
elected representatives there in the Parliament and then
their representatives made laws regarding income tax
which is needed to be paid for the development and
socio-economic upliftment of the country and its people.
Organisation of legislature:
Unicameral or Bicameral
❖ Legislatures can either be unicameral or bicameral. But
in India, bicameralism has gained more prominence
particularly at union level while in case of states
unicameralism is a visible trend as 22 out of 28 states in
India are having unicameral legislature. Only Andhra
Pradesh, Bihar, Karnataka, Maharashtra, Telangana and
Uttar Pradesh are states with bicameral legislature.
Parliament in India has two houses: Lok Sabha and Rajya
Sabha.
❖ The Lok Sabha is more popular in character and has a
greater say in law-making. Lok Sabha is directly elected by
the people of India.
❖ The Rajya Sabha is a council of states, and it is indirectly
elected. States have got their representatives in Rajya
Sabha which helps states to put their viewpoints and it
enables them to safeguard their rights. There is also
provision for giving representation to learned and
well-known individuals, to represent literature, art, science
and social services. In India, the President can nominate 12
members in the Rajya Sabha so that the legislature on the
whole can benefit from their experience and wisdom.
The Parliament;
❖The President Envisaged Role and the Actual Working of
the Parliament
❖ The Parliament in India has the cardinal functions of
legislation, overseeing of administration, passing of the
Budget, ventilation of public grievances and discussing
various subjects like development plans, national policies
and international relations.
❖ The Constitution of India treats Parliament as the
Supreme Institution of the People. It is envisaged as an
instrument of nation building, social engineering, economic
restructuring and democratic governance.
Conclusion:
❖ The Parliament is generally referred to as the ‘temple of
democracy.’ It is because of it being the highest institution
in which representative democracy is implemented. In the
past 75 years, the Indian Parliament has achieved many
achievements to its name despite its growing unpopularity.
Parliament reflects the deepening of democracy, which has
also had an impact on its functioning.
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The Executive
❖ Executive is the implementing arm of the government. It
is the executive which formulates and then implements
various policy measures.
❖ In the case of India, the President and the Governor are
vested with nominal executive powers. What makes them a
‘nominal’ executive is the fact that they do not enjoy real
powers. They are just a Constitutional figurehead,
performing some ceremonial duties enjoying little or no
powers, though the entire administration is carried on in his
or her name.
Composition
❖ The Executive generally consists of two types of officials:
❖ The political executive, i.e., President, Prime Minister,
Cabinet or Council of Ministers; and the Permanent
Executive or the bureaucracy which remains in office for a
fixed period of time regardless of which government comes
to power.
President
❖ The President is the head of the union executive, and he
is also the head of the state.
❖ Article 53 vests the executive power of the union in the
President.
❖ He/she discharges his/her function either directly or
through officers subordinate to him in accordance with the
Constitution. ❖ He is the highest Constitutional dignity.
❖ He always comes first in the warrant of precedence
issued by the state.
➢ Warrant of precedence is a list of dignity in a hierarchical
order.
❖ He is the supreme commander of the armed forces.
❖ He alone enjoys the power of declaration of war and
peace.
❖ He enjoys the administration, legislature, emergency,
military, judicial and diplomatic powers.
❖ He is regarded as the first citizen of India.
❖ He is the nominal head of the country whereas the prime
minister is the real head of the country.
Note:
❖ The Indian President does not enjoy the power of
absolute veto on its own and he does so only on the advice
of the Council of Ministers. Quotes on President
❖ “The President of India has an elevated standing as head
of the Republic, and should be a voice for sanity and
fairness”- Amartya Sen.
❖ "The President is the first citizen of our country and must
act as a unifying force, upholding the values of democracy
and the Constitution." - A. P. J. Abdul Kalam
❖ "The President's role in India is largely ceremonial, but it
carries great moral authority and responsibility." - Pranab
Mukherjee
❖ "The President's duty is to remind the nation of its
fundamental values and to act as a guardian of the
Constitution." - Neelam Sanjiva Reddy
❖ "The President of India is the custodian of the nation's
conscience." - Mahatma Gandhi
❖ “The President is the head of the State but not of the
Executive. He represents the Nation but does not rule the
Nation. He is the symbol of the Nation.”- Dr. B. R. Ambedkar
Term of Office
❖ The president is elected for a term of 5 years, and he can
be re-elected any number of times (no restriction).
❖ There can be a vacancy in the office of the president
before the completion of the 5- year term due to
resignation, impeachment or death of the President.
❖ A vacancy shall be filled within 6 months.
❖ Till the vacancy is filled up the vice president acts as a
President of India.
❖ The president may continue beyond the normal 5-year
term if his successor is not able to enter upon his office.
Note:
❖ The election of the President should be held before the
completion of a 5-year term.
Collective Responsibility
❖ Under Article 75 (3) the Council of Ministers is collectively
responsible to the Lok Sabha.
❖ It is one of the Cardinal principles of the Parliamentary
form of Government; It means if a decision is collectively
approved by the cabinet, the decision may pertain to a
single ministry, but it automatically becomes the collective
decision of the entire Council of Ministers.
❖ All the ministers are expected to support the collective
decision both within and outside the parliament.
❖ If the collective decision is defeated in Lok Sabha, it is
not the Minister concerned alone who has to resign but the
entire Council of Ministers shall resign or go out of office.
❖ On the other hand, if the decision of an individual
Minister is defeated in Lok Sabha before its collective
consideration by the cabinet the individual Minister alone
has to resign.
❖ The concept of collective responsibility means that the
Council of Ministers either stands together or falls together;
It sails together or sinks together.
❖ It enforces cohesiveness in the Council of Ministers and
ensures the Council of Ministers has a body that pulls in a
particular direction and the administration of the country is
carried on smoothly.
❖ The individual Minister may have differences on a policy
issue but once it is collectively approved by the cabinet then
a Minister, who originally opposed the decision has to either
change his view or resign from the Council of Ministers. He
cannot oppose a collective decision and at the same time
continue in a Council of Ministers.
It is the Prime Minister who enforces collective
responsibility by advising the President to drop the
concerned Minister.
Individual Responsibility
❖ Under Article 75 (2), the Ministers are individually
responsible to the president which means they hold office
during the pleasure of the president.
❖ However, since the advice of the Prime Minister is
available in this regard the president cannot remove a
minister at his discretion does the Minister hold office in
practice at the pleasure of the Prime Minister.
❖ The individual responsibility of the Minister is the means
through which the collective responsibility of the Council of
Ministers is enforced.
Prime Minister
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Original Jurisdiction:
Under Article 131 the supreme court is the sole arbitrator to
resolve a dispute that may arise between the centre and the
states and between the states themselves on issues relating
to the distribution of power.
Therefore, the original judicial authority of the supreme
court is purely Federal in character after the seventh
Constitutional Amendment Act 1956.
The original judicial authority of the supreme court does
not extend to a dispute that involves an international
agreement or Treaty that was concluded or entered into the
force before the commencement of the Constitution.
Writ Jurisdiction:
Under article 32.
Appellate jurisdiction:
The supreme court is the highest court of appeal. All the
cases decided by the high courts that are civil, criminal and
constitutional cases can lie on appeal before the supreme
court however in the following instant a case decided by a
high court shall apply before the Supreme Court has a
matter of right.
Criminal Case: If the High Court has certified that the case
involves the interpretation of an important question of law.
The trial court has acquitted the accused, but the High
Court appeal has reversed the acquittal and conferred a
sentence of death.
If the High Court has taken upon itself the trial of a
criminal case and sentenced the person to death.
Civil Cases: If the High Court certifies that the case
involves an important interpretation of the law.
Constitutional Case: All the constitutional cases decided by
the high court shall lie on appeal before the supreme court.
Advisory Jurisdiction:
Under Article 143 of the constitution the Supreme Court has
been given a consultative role under which the president
can make a reference to the supreme court seeking its
opinion on the important question a fact or provided it is a
public importance the opinion expressed by the Supreme
Court on such issues is not binding on the president but
normally the government abide by the opinion of the
supreme Court.
If the reference made by the president relates to any
international agreement or Treaty concluded or entered
into force before the commencement of the constitution then
the court Shall express its opinion on all other issues the
court may or may not express any opinion on it.
Revisory Jurisdiction:
Under Article 137, the supreme court enjoys revisory
jurisdiction.
Under the constitution all the decisions of the supreme court
are automatically binding on all other courts of India. But
the supreme court itself is not bound by its decision.
Therefore, under the revisory jurisdiction it will be able to
correct any mistake or error that might have crept into its
judgement, order or direction.
Judicial Activism:
Judicial activism connotes the assertive role played by the
Judiciary to force the other organs of the government to
discharge their assigned Constitutional function towards the
people.
It has helped in reinforcing the strength of democracy and
reaffirmed the faith of the public in the rule of law.
In Judicial activism it is possible that the court may take
upon itself some of the functions of the legislature and
executive in order to maintain the rule of law. It helps to
ensure that when one organ of the government fails to
discharge its constitutional function and another organ is to
fill the void created and carry on the administration
according to the rule of law.
Judicial activism in a set has been forced upon the judiciary
by an insensitive and unresponsive administration that
disregards the interest of the people.
Judicial activism is nothing but the judiciary's insistence
that the rule of law must guide the legislature and executive
in enacting and enforcing the laws of the land.
It is a phenomenon that is pursued by the supreme court
and high courts under the writ jurisdiction.
The PIL is the facilitator of judicial activism and the PIL
plays an important role in the translation of judicial
activism for the general Welfare of the society.
Therefore, judicial activism owes its popularity to PIL which
is regarded as the backbone of judicial activism.
Judicial activism is a welcome measure only in the short
run. If it is carried on for long, it may weaken the concept
of separation of power and the doctrine of checks and
balances. The judiciary may come to assume more powers
at the expense of the executive and legislature without
adequate responsibilities.
Judicial activism and judicial restraint are the two sides of
the same coin.
Therefore, the Judiciary should employ self-restraint and
formulate a code of conduct for the judge while employing
Judicial activism.
Otherwise, judicial activism may degenerate into judicial
adventurism and affect the way the democracy functions.
Criticism of PIL:
❖ The major criticism against the PIL is that it has
interfered with the regular judicial functions of the Court
and has led to the choking up of the courts with a large
number of pending cases.
❖ It has also been misused in the form of seeking publicity
and litigating to protect vested interest by filing frivolous
petitions. ❖ The Supreme Court has responded against such
misuses by evolving new rules:
➢ It clarified that the courts have the power to order the
payment of exemplary compensation to the affected parties.
In case the petition is vexatious or frivolous.
➢ The court has also started taking the help of a screening
committee consisting of publicly spirited lawyers, social
activists etc who will scrutinise PIL files and submit the
report to the court and save the precious time of the court.
➢ The help of the amicus Curiae that is in front of the court
is also taken by the court in this regard.
➢ The court also insists that the person who litigates before
the court shall litigate bonafide (in good faith) and shall
establish a Prima facie case before the court shifts the
burden of proof on the other party.
Benefits of PIL:
❖ It has helped in enormously increasing the awareness
among the people about their own rights and the role of the
judiciary in protecting these rights.
❖ It has helped the Judiciary to expand the scope of the
fundamental rights and many of the inferred rights have
been extended to the public through PIL.
❖ It has forced the executive and the legislature to
discharge their constitutional obligation towards the
people.
❖ The court has made an attempt to provide a corruption
free Administration and a liveable environment to the
public.
Party System
❖ Post-Independence Phase:
➢ First Phase, from 1952 till 1967:
✓ This phase has been called by Rajni Kothari as the
Congress system. It was a one-party dominant system. (This
term was coined by Morris Jones).
✓ Congress System signifies the dominance of the Congress
Party at both the State and the Central level. The Congress
Party dominated India’s electoral system during this phase.
Congress was so dominated during this phase that
opposition parties even jointly were not able to defeat
Congress.
✓ There was hardly any opposition to the Congress Party
from outside. Rather, effective opposition to policies of the
Congress emerged from within rather than from outside.
Congress was largely a party of consensus as described by
Rajni Kothari.
✓ The Congress System shaped the functioning of the
Government. In fact, the Congress system also led to the
rise of the Prime Ministerial form of government in India.
✓ But the Congress System was challenged for the first time
in 1967 when noncongress parties came to power in as
many as nine states. The Congress system was threatened
for the first time and then the Congress party witnessed a
split in 1969 and henceforth, a remarkable shift can be
witnessed in the Indian Political System.
➢ Second Phase, from 1967 till 1980:
✓ This was the phase of stand-off between congress party
and other regional parties. Moreover, the movement
launched by Jai Prakash Narayan also created a sort of
confrontation between Congress and others.
✓ Indira Gandhi started Personalistic politics and
maintained direct contact between Congress Party and the
general public because she wanted to bypass the
institutional structure of the Congress Party.
✓ This phase was different from the Nehruvian era because
this phase witnessed more confrontation within and outside
the Congress as compared to the policy of consensus
adopted during the Nehruvian era.
✓ During this Phase, Congress developed a High Command
Culture in the Congress party when decisions used to flow
from top to bottom and the structure of congress party
became like a pyramid- where power was concentrated at
the top and mass mobilisation was happening at the base.
✓ The change in structure of the Congress party has been
criticised by a number of scholars because the attitude of
confrontation adopted by Congress gave a blow to India’s
Federal System.
Scholars argue that it was phase of Deinstitutionalization of
Indian Democracy i.e., Institutions started losing their
relevance. This resulted into the launching of mass
movement by Jai Prakash Narayan for
re-institutionalization of democracy i.e., re-establishing the
sanctity of democracy once again, leading to the imposing
of emergency 1975, which was a deathly bow to the
fledgling democracy of India.
✓ Elections were held in 1977, in which, Janta Party
government came to power which was a coalition
government. However, the Janta party government could
not survive for long because it was a weak coalition.
Moreover, coalition partners had no idea about the working
of the coalition government leading to the collapse of the
government due to inherent conflict.
✓ Nevertheless, the Janta Party government was an
experiment with respect to the coalition in India which
failed. It also shows that coalition culture had not
developed sufficiently at national level, but this experiment
gave significant lessons for future governments
================================================
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Coalition Era (First phase: 1989 till 1999; Second phase: 1999
till 15th General Election, 2014)
❖ This phase of coalition politics was not new to India.
India witnessed its first coalition during the Janata Party
government from 1977 till 1980. In fact, Congress itself was
a grand coalition of people belonging to different groups,
different ideological shades, etc. Even some of the states
have witnessed coalition earlier also.
❖ The age of coalition formally began in Indian politics
from 1989 and it lasted in reality till 15th General Election,
2014. The coalition politics in India can be divided into two
phases: First phase: 1989 till 1999 and Second phase: 1999
till 15th General Election, 2014.
Regional Parties
❖ The Election commission of India gives only the status of
national parties and state parties and not the status of
regional parties. This categorization of regional and
national parties is largely based upon their outlook, agenda
as well as presence.
❖ The agenda of regional parties is mainly concerned
about a particular state or at max a particular region.
These regional parties lack national outlook, their agenda
is also regional in character. They are mainly concerned
about their political survival, they have a narrow social
base.
Examples of regional parties are:
➢ Bahujan Samajwadi Party,
➢ the Samajwadi Party,
➢ Biju Janata Dal,
➢ the Telangana Rashtra Samithi (now called as BRS),
➢ Telugu Desam Party, etc.
National Parties
❖ National parties are having a national outlook. They
have a pan-India presence. National parties also have a
diverse social base. Examples of national parties are
Congress, BJP etc.
❖ In Indian context, the political parties are generally
divided on the basis of ideology which are following:
➢ Caste Vs Class parties- e.g., Samajwadi party and RJD
are caste-based parties whereas BJP and Congress are
class-based parties.
➢ Secularism Vs Nationalism-Congress (Secularism) Vs BJP
(Nationalism)
➢ Regionalism Vs Nationalism- DMK, YRS congress, TMC
etc. are regional parties and Congress and BJP are national
parties.
Congress
❖ Congress can be called as a centrist party having tilt
towards left and sometimes right.
Ideological Base of Congress
❖ Congress started in post-independence as a rainbow
coalition. Congress sometimes remained Centre left and
Centre rights. During Indira Gandhi, congress’s slogan of
GARIBI HATAO and during Manmohan Singh, congress’s
welfare programs are examples of Centre left and during
Rajiv Gandhi, congress stands in Shah Bano case and Ram
Janmabhoomi Case are examples of Centre right.
❖ Congress ideology can be associated with secularism,
multiculturalism, multi-caste approach. Over the years
congress party has witnessed many ideologies
transformations, which are following:
➢ During times of Nehru-Fabian’s Socialism or Democratic
Socialism.
➢ During times of Indira Gandhi-Extreme welfare
provisions.
➢ During times of P.V Narasimha Rao-Neo-liberalism which
resulted into economic reforms.
➢ During the times of Manmohan Singh-Populist measures.
During this period, congress was forced to take populist
measures because of the challenges of coalition politics.
Social Basis of Congress
❖ Social base of congress included different sections of
Indian society like class, caste and other categories.
Congress was called the rainbow coalition because of its
role in India's freedom struggle. Initially, it got support
from all the sections of Indian society including caste
groups, religions groups, ethnic groups, linguistic groups
etc.
❖ In different parts of India, Congress represented
different types of coalition which dominated electoral
politics of India for decades. For example, KHAM Politics in
Gujarat (Kshatriyas, Harijan, Adivasis and Muslims) which
made political party the most dominant political force for
decades in Gujarat.
❖ But over the years, social base of congress party started
shifting towards regional parties which includes:
➢ Muslim Vote Bank of Congress in UP shifted towards
Samajwadi party and Dalit Vote Bank of congress shifted
towards BSP initially, and from BSP it shifted further
towards BJP.
➢ Recent election shows Congress party has witnessed
massive erosion in its vote bank in most parts of India.
➢ Traditional supporters of the Congress party have started
questioning its ability to keep its social base intact. Its vote
percentage has dipped significantly at national level in
comparison to BJP in 16th and 17th general election. The
most disturbing trend has been the shifting of the
marginalised section of Indian society, which earlier used
to be the core voter base of congress party, have shifted
towards regional parties.
================================================
====
Ideological and Social bases of National and Regional
Parties in India;Socio-Economic Profile of Legislators
Communist party
❖ The 17th general election has brought a pessimistic
picture about left parties in India. From a historic high of
61 seats in the 14th general election, it could secure less
than 10 seats in the 17th general election. Today its vote
share has been drastically reduced and it has been
completely wiped out from most parts of India.
❖ It has a significant presence only in Kerala. Its social
base, today, primarily constitutes Industrial workers, small
peasantry. More than 80 percent of its votes come from
rural areas. Left parties no longer attract young India. Its
radical program and ideology is no longer appealing to
young voters of India.
❖ As far as ideology of the left movement is concerned, we
find different schools of thoughts. There are political parties
supporting parliamentary road to socialism as well as there
are parties supporting revolution to bring socialism like
Maoist in India. On the economic front, communist parties
maintain a traditional socialist agenda of uplifting the
deprived section of society and improving their conditions.
Business Group
❖ Business Groups have always played a significant role in
Indian politics. Today they are among the largest and one
of the most powerful of all pressure groups in India.
Examples of pressure groups are CII, FICCI, etc.
❖ After 1991 economic reforms, these pressure groups have
started playing an all important role in Indian politics.
These pressure groups are also, today, in a position to
influence economic decisions significantly. Most of these
pressure groups are having cordial relationships with all the
major political parties.
Trade Union
❖ Trade Unions in India have existed since independence.
Organisation of workers and employers are known as trade
unions. Their primary interest is to protect their interest at
any cost. These trade unions have remained in existence in
India even before independence. Their primary method is
collective bargaining and negotiations.
❖ The common demand of trade unions in India are:
➢ Increase in Wages.
➢ Social Security Provisions.
➢ Participation in Management and improving working
conditions of workers.
Peasant Organizations
❖ Peasant Organizations in India have also existed since
the pre-independence phase. In the pre-independence
phase, a number of peasant organisations like All India
Kisan Sabha were present. Even in the post-independence
phase, the Bhartiya Kisan Union and the Shetkari
Sanghatana of Sharad Joshi became very popular. These
peasant organisations have started making following
demands before government:
➢ Reduction in Electricity Prices.
➢ Increase in Fair and Remunerative Prices
➢ Free Water, etc.
➢ Increasing MSP
❖ The demand of these groups in the present time also
includes repeal of farm laws and their demands mostly vary
from state to state.
❖ The present groups are not very powerful Pressure
groups because of the following reasons:
➢ Lack of adequate financial resources.
➢ These farmers groups lacked pan-Indian character.
➢ No pan-Indian leader, etc.
❖ These farmers groups are not in position to assert
themselves as a class at an all India level.
❖ Rajni Kothari analyses pressure groups in the following
manner:
➢ They are feudal in character.
➢ They are diffused in society.
➢ They have multi-group character.
➢ They lacked pan-India character.
➢ They do not have a pan-Indian leader.
Voting Behaviour
Electoral Behaviour
❖ Electoral Behaviour signifies the extent of participation
in democracy in India and also quality of democracy. It
also gives us an idea of the robustness of democracy and
inclusive nature of democracy.
❖ Democracy becomes legitimate when voters exercise their
voting rights. The Indian Constitution from the very
beginning has given the right to vote to every adult citizen
irrespective of religion, caste, gender etc.
❖ Indian democracy was an experiment, but the Indian
experiment was exceptional in the sense that from the very
beginning India was an inclusive democracy.
❖ Indian democracy is different from western democracy –
as western democracies evolved from Exclusive to Inclusive
phase. It means Universal Adult Suffrage was initially not
given to people. For example, females got voting rights
much later as compared to her male counterparts. Whereas
in India, Universal Adult Suffrage was adopted from day
one itself.
❖ According to C.P Bhambhri, western countries suffered
from democratic deficit because the voting percentage in
western countries has decreased over the period of time. In
fact, the voting percentage in most of western countries is
limited to 30-45 % and day by day people are losing
interest in democracy.
❖ However, in the Indian context, gradual increase in
voting percentage can be seen in each successive election.
In fact, in some of the state elections, the voting percentage
has shot up to 83 % to 85 %, which is a remarkable
achievement and that also gives us the idea about the
quality of Indian democracy.
❖ According to professor M.P Singh, Indian voters are more
mature in comparison to their western counterparts.
New Initiatives:
❖ The Hanumantha Rao Committee was set up.
❖ G. V. K. Rao committee
❖ L. M. Singhvi Committee: Singhvi Committee suggested
constitutional status for Panchayati Raj institutions.
❖ P. K. Thungon Committee: It was a consultative
committee of Parliament. It also suggested Constitutional
status.
❖ Rajiv Gandhi started extraordinary concern, he took a
radical move to bypass states in PRI. He introduced the
64th Amendment Bill. The Bill was rejected in Rajya Sabha.
Finally, in 1992, a new bill was introduced. This bill became
the 73rd Amendment Act. The 73rd Amendment Act was
enforced on 24th April 1993. This bill gave Constitutional
status to PRIs.
❖ Compulsory Provisions:
➢ Structure: All states having population above 20 Lakhs
will have an uniform three tier structure.
✓ Three tier structure: Gram Panchayat Mandal Panchayat
Zila Panchayat
✓ It was mandatory to constitute Gram Sabha in each
Panchayat. Gram Sabha is to be the soul of Panchayati Raj
System. It will comprise all adult members registered as
voters in Panchayat area. Gram Sabha was mandatory but
what functions Gram Sabha will perform were made
optional.
✓ Analysis: According to critics, except a few states like
Kerala, Madhya Pradesh, Punjab, Tamil Nadu, the state acts
of other states do not give specific power to the Gram
Sabha. They are simply an assembly of discussions. The
strongest Gram Sabha is of Madhya Pradesh. Here, Gram
Sabha has the right to recall Panchayat representatives. It
is necessary to specify the functions of each level of
Panchayat as well as the role and power of Gram Sabhas.
➢ Elections: It is compulsory to have all the three levels of
Panchayats directly elected by people. The term of
Panchayat is 5 years. However, Panchayats can be dissolved
earlier by the state legislature. It is mandatory that fresh
elections will be held within 6 months of the dissolution.
✓ Significance of this provision: Earlier intermediate and
district level Panchayats in many states were indirectly
elected but now each level is directly elected. It ensures the
existence of Panchayats at least.
✓ Drawback: It is silent with respect to the grounds of
dissolution of Panchayats.
✓ It is with respect to the mode of appointment of
Adhyaksha at different levels.
➢ Provisions with respect to reservations:
✓ At least one-third of the seats at all levels are reserved
for the women including the post of President. Seats are
reserved for SCs and STs in proportion to their population.
One-third of the seats so reserved will be for the women of
SCs and STs.
➢ Provisions with respect to Transfer of Subjects: 29
subjects from state list are transferred to PRI.
✓ Loopholes: Actual transfer depends upon the state
legislature. Each state will decide out of 29 subjects how
many subjects to be transferred.
➢ State Finance Commission: State government will appoint
State Finance Commission once in 5 years. This Commission
will examine the financial position of local governments in
the state. It will review the distribution of revenues between
the state and the local government.
✓ Loophole: Financial devolution is not binding. It creates
dependency of local bodies on the State government. The
State Government themselves are short of funds. Hence,
local bodies suffer from a deficit of funds.
➢ State Election Commissioner: State will appoint State
Election Commissioner who will be responsible for
conducting the elections in PRIs.
➢ Audit of Accounts: It is an optional provision. State
Legislature may make provisions with respect to
maintenance of accounts by Panchayats and auditing of
such accounts.
➢ District Planning Committee: The Act talks about the
Constitution of DPC to synchronise the urban and rural
components of plans.
✓ Loopholes: Act does not tell about the chairman of DPC.
It is optional for states to decide. There was no time limit
for the constitution of the DPC. Hence, there was an
unnecessary delay.
Conclusion:
❖ The 73rd Amendment Act creates the structure of
Panchayats, but a lot depends upon the will of the State
Legislature. The will and commitment of State Legislatures
is evident in the manner states have made changes in their
Panchayat acts at the last minute. There is a lack of
seriousness in the state acts. At times, there is a mismatch
between the level of Panchayat and the responsibility given
to it.
❖ Nevertheless, the 73rd Amendment Act is significant
because it makes Panchayat a constitutional body. Gram
Sabha is given a legitimate place in the basic law of the
country. It is a recognition of popular sovereignty and
general will.
❖ Today about 32 Lakhs members are elected to these
bodies and at least 10 Lakhs of them are women. This
number is quite large if we compare it with the elected
representative of Parliament and State Legislatures
together which is about 5000. There are at least 200 women
Adhyaksha in Zila Parishad, 2000 women Presidents at
block level and around 80,000 women Sarpanchs. So, the
73rd amendment act has made our democracy more
representative and gender sensitive. It has ensured the
place of dalits in the governance of the country at the
grassroot level.
Panchayat Finance
❖ Article 243G of the Act deals with the question of powers,
authority and responsibility of Panchayats where the states
are given the powers to endow them with the following
powers:
➢ Prepare plans for economic development and justice.
Article 243H says that the State Legislature can enact laws
for this purpose.
➢ Authorise Panchayats to levy, collect and appropriate
some taxes, duties, and tolls and fees.
➢ Provides for grants-in-aid of their revenues from the
Consolidated Fund of the State.
❖ Article 243I deals with the State Finance Commission that
is to be established to review the financial position of the
panchayats and to make recommendations to the Governor
regarding the principles governing the major issues
mentioned in Article 243H.
❖ According to N. C. Saxena, poor delivery of PRIs is due to
inadequate devolution. PRIs are dependent on government
funding. There is excessive bureaucratic and political
interference. Public funds meant for villages are stolen at
every stage.
❖ Scholar Nirmal Mukherjee raises the question whether
constitutional provisions are adequate, or whether it shows
the lack of political will.
Municipal Finance
Municipal Finance Municipal finance falls under the
discretion of respective state governments. There is no
separate list of taxes for municipal bodies. Municipal
revenues are primarily of the following types: -
❖ Tax Revenue – ULBs levy major taxes such as property
tax, professional tax, etc.
❖ Non-tax revenue – ULBs can charge and collect fees for
regulatory purposes as well as for providing services. Fee
may be charged for public utilities, parking, swimming
pools, etc.
❖ Grant-in-aid – General Purpose Grants and Specific
Purpose Grants are given to ULBs. While GPGs supplement
the revenues of local bodies to carry out their regular
functions, SPGs are used for specific purposes such as
education grants, public health, etc.
❖ Borrowings and loans – ULBs can borrow from state
governments and other agencies under Local Authorities
Loans Act of 1914. They can borrow for developmental
activities and debt repayment.
Conclusion
❖ UN Habitat III (2016) states
―urban governance systems in most countries are currently
not fit for purpose and need critical reform to enable
sustainable urban development. The 74th Constitutional
Amendment Act was expected to devolve sufficient powers
to the Urban Local Governments to enable them to function
as institutions of Self-Government.
❖ However, they continue to be plagued by the problem of
3Fs- Functions, Functionaries and Finance. While there is
increasing realisation of the necessity of reforms to devolve
adequate power to these bodies, a strong political
commitment would be needed to sustain it.
===============================================
Reforms needed:
❖ Ramaswamy lyer, a former member of the Indian Audit
and Accounts Service recommended following to improve
the effectiveness of the CAG:-
➢ Creating a growing awareness of all CAG reports in the
media and the public.
➢ Attending more CAG reports that are now collecting dust
in the PAC.
➢ Recharging the role of the auditor as a proactive
financial and accounting detective in order to uncover
scams and corruption rather than simply reporting on it
after a scam has occurred at. ➢ Making full use of the
constitutional and statutory provisions of CAG to convert
into a truly powerful body.
❖ Former CAG Vinod Rai in his book, 'Not Just an
Accountant' has suggested the following reforms to make
the office of CAG more effective: -
➢ Revision of the CAG Act of 1971.
➢ A collegium-style procedure for selecting a new CAG,
similar to how a Chief Vigilance Commissioner is chosen
(CVC).
Concluding Remarks
❖ The Comptroller and Auditor General of India ensures the
supremacy of the Parliament over the Executive in financial
matters. He/She is an officer of the Constitution and not an
officer of the Parliament.
❖ The independence of the CAG is guaranteed by the
Constitution in many ways to enable him/ her to perform
his/her functions without any interference from the
Executive. His/ Her primary duty is to uphold the
Constitution and the laws in the field of financial
administration.
Questions asked:
1. Examine the role and functioning of the CAG in the last
two decades. (2020)
2. The Comptroller and Auditor General of India enhances
the accountability of the government and serves as the
watchdog of the finances of the government. Explain. (2015)
3. Comment: The role of the CAG in promoting good
governance. (2014)
4. Comment: Comptroller and Auditor General of India.
(2002)
================================================
Grassroot Movements, Election Commission
Grassroots Movements
❖ DL Seth has described grassroot movements as micro
movements which have gained momentum since the 1970s
in India. These movements are the result of the struggles
faced by marginalised and excluded sections of the society.
❖ A grassroots movement is an organised effort undertaken
by groups of individuals in a given geographic area to
bring about changes in social policy or influence an
outcome, often of a political issue.
❖ By harnessing spontaneous support at local levels to
bring about policy changes at local, regional, national, or
international levels, grassroots movements are considered
bottom-up, rather than top-down efforts—much in the way
grass grows. Today, grassroots movements work to
influence social issues such as racial injustice, reproductive
rights, climate change, income inequality, or affordable
housing.
❖ Rather than money, the power of grassroots movements
comes from their ability to harness the effort of ordinary
people whose shared sense of justice and knowledge about
a given issue can be used to influence policymakers. In
growing the seeds of an idea into a flourishing cause
through increased participation in the political process,
grassroots movements are often said to create
democracy—government by the people.
❖ Drawing their power from ordinary people, grassroots
movements need large numbers of participants. By making
phone calls, sending emails, posting on social media
internet sites, and putting up posters, an activist group of
just five people can contact 5,000 people in a week.
❖ Grassroots organisations increase their size and power
by recruiting and training new volunteer leaders and
activists. ❖ The social media technique of hashtags (#) has
become an especially effective way of grouping postings
from across the network together to present unifying
messages.
❖ Rajani Kothari is of the view that there is a decline of
parliament and disconnect between people and their
representatives. Political parties have long abandoned the
movement aspect of politics and have reduced themselves
to the electoral machines.
❖ Smitu Kothari said that globalisation has given birth to
the rise of movements for peace, human rights,
discrimination, etc. ❖ Grassroots movements have played
an important role in the promotion of inclusiveness,
democratising socio-political spaces and in the
reformulation of relationship between citizens and the state.
Anti-defection Law
❖ This act provides for the disqualification of the members
of the Parliament and state legislature on the ground of
political defection.
❖ The Important Provisions are: ➢ If a member of a
legislature party resigns from his political party. He shall be
disqualified from being a member of the house. ➢ If a
legislative party member votes or abstains from voting
contrary to the whip issued by his legislative party. If his
action is not condoned within 15 days by his political party
then he shall be disqualified from being a member of the
house. ➢ If any Independence member of a house joins any
political party he shall be disqualified. ➢ If a nominated
member of a house joins a political party 6 months after
becoming a member of the house he shall be disqualified.
Exceptions: ❖ If a nominated member joins a political
party within 6 months of becoming a member of the House.
❖ If the speaker or deputy speaker of the Lok Sabha or a
state legislative assembly or deputy chairman of Rajya
Sabha or the chairman or deputy chairman of the
Legislative Council resigns from his political party upon
being elected to his office and does not join any other
political party and joins the same political party from
which originally resigned after relinquishing his office he
shall not be disqualified from being a member of the house.
❖ If not less than two-thirds (⅔ rd) of the members of a
legislative party break away and merge with another
political party, they shall not be disqualified from being
members of the house.
Other Provisions: ❖ The presiding officer shall be the
authority on all questions of disqualification under the act.
His decision shall be final and binding. ❖ The supreme
court in a case known as Kinota Hollohan vs Zachillhu 1992
the court held the to be constitutionally valid but
paragraph 7 provides that the decision of the presiding
officer is final and binding unconstitutional and void has it
taken away the power of Judicial review of the court. ❖ The
whip issued by a political party shall be binding on its
legislative party member only in the passage of the
following four instances: ➢ No confidence motion ➢
Confidence motion ➢ Vote of thanks to the president or
governor's address. ➢ The passage of a money Bill.
================================================
===
❖
There is a link between casteism and communalism. It is
said that against the castebased politics of Congress, BJP
has played the card of religion. The replacement of the
Congress domination from the Union by the domination of
BJP is treated as a perfect example. What Congress had
done was minority appeasement which resulted into
separatism and now what the BJP is doing is majority
appeasement due to which we are seeing the trends of
emerging fascism. 6 Conclusion ❖ Caste has grown to be a
significant factor in Indian society and politics. The
emergence of organised political movements and increased
awareness of caste affiliations among historically
marginalised groups have reshaped Indian politics. This
transformation has brought about changing alliances
between caste and class. The overall outcome of these
mobilizations based on caste identities has empowered new
groups and heightened the intensity of political conflicts,
potentially contributing to a governance crisis.
Federalism
Meaning of federalism
❖ The term federalism comes from the Latin word foedus.
Foedus means contract. The formation of federation is an
act of contract among the contracting units. The
contracting units are bound with the terms and conditions
of the contract. This contract is codified in the forms of a
written constitution. ❖ Hence, the federal form of
government is based on a written constitution. There has to
be an independent judiciary to interpret the terms and
conditions of the contract. It is necessary that the contract
should not be changed easily. ❖ Hence, federal form of
government has following essential features: - ➢
Division/Distribution of power ➢ It Must have a written
constitution ➢ Authority of Courts-independent judiciary ➢
Supremacy of Constitution ➢ The rigid procedure of
amendment ❖ Thus, federations differ from the unitary
model of governance. In unitary form of government, the
sub-national governments are agencies of the national
government. Their powers are not original, USA is the 1st
example of the federal form of government, Hence, many
political scholars treat US federation as an ideal type. They
evaluate other federations on the model of the US
federation. The Constitution, which does not fulfil all the
features of the political system as found in the US
Constitution are not treated as proper federation. In fact,
we see the use of Quasi-federal or use of idioms like federal
in form but unitary in spirit exist. ❖ According to modern
theories of Federalism, the approach of traditional scholars
was legalistic. They have not given importance to the
dynamic aspect of the political system. Systems theory
shows that historical, Social, cultural or economic factors
play an important role in shaping political life and political
systems. Hence, each federation 3 should be evaluated not
by the standards of the US Federation but in the context of
above factors. According to modern theories, there is not
one model of federalism. There can be various models of
federalism. ❖ Federation itself is a dynamic concept and
within a federal system we can see movement from one
model to another model, e.g., the US began as federalism
however the challenges of world politics and the crisis of
world order resulted into the emergence of a new model of
federalism under American President Roosevelt. Thus, in the
USA we see the balance of power being shifted in favour of
the centre. Similarly in the case of India the condition of
partition and other types of challenges created the model of
cooperative federalism. With the emergence of coalition
politics and new economic policy we see the movement
towards emergence of bargaining federalism. Thus, modern
theory of federalism shows that more than the
Constitutional aspect, the dynamic aspect of the political
system shapes the nature of federalism. Nature of the
Indian Constitution ❖ The nature of the Indian Constitution
means what name can be given to the Indian Constitution.
❖ Can it be called federal or unitary or quasi-federal? ➢
The ‘Federation’ word is nowhere mentioned under the
Indian Constitution, though the Supreme Court and the
drafting committee called it a Federal Constitution. ❖
NOTE: ➢ The Drafting Committee was constituted on 29th
August 1947 by the Constituent Assembly. The drafting
committee was headed by Dr. B.R. Ambedkar. This
committee presented the draft of the Constitution to the
Constituent Assembly on 4th November 1948 (by Dr. B.R.
Ambedkar). The drafted constitution opened up for
discussion in the assembly Views of the scholars on the
nature of the Indian Constitution: ❖ Prof. D.D. Basu calls
the Indian Constitution a federal constitution. 4 ❖ Prof. K.C.
Wheare calls the Indian Constitution as a quasi-federal
constitution. ❖ Prof. P.K. Tripathi calls the Indian
Constitution a unitary constitution. Supreme Court
Landmark Cases: ❖ Satpal vs State of Punjab and Others
case (1963): In this case, the Supreme Court considered that
in comparison to the Federal or Unitary, Indian
Constitution is more quasi-federal. ❖ S.R. Bommai Case vs
Union of India Case (1994): In this case, the Supreme Court
considered that federalism is part of the Basic structure of
India’s Constitution. Why is there confusion regarding the
nature of the Indian Constitution? ❖ It is customary for
Western scholars to regard the US Constitution as the model
constitution of the world. ❖ If any constitution of the world
does not resemble the US constitution, then they reject that
constitution as being federal. ❖ But no two constitutions of
the world can have complete resemblance because every
constitution reflects the conditions of that particular
country like the Indian Constitution reflects the culture and
society of India. ❖ So, this is a wrong assumption that a
constitution is not federal if it does not resemble the
American Constitution. ❖ Any constitution to be called as a
federal constitution should satisfy five characteristics: ➢
Division of power or distribution of power: ✓ It means the
power of the Central Government and State Government is
divided or distributed. ✓ Therefore, division or distribution
of power supposes a form of government i.e., Central and
State government but these two are not subordinate to each
other. ✓ They are coordinating units; both these units are
controlled by the Constitution, and not by each other. 5 ➢
Supremacy of Constitution: ✓ The Constitution cannot be
amended either by the Central or State government alone.
It is amended through a joint action on the part of both the
Central and State Governments. ✓ If the Central
Government will have the power to amend the Constitution
alone then it can take away all powers of the State
Government. ✓ If the State Government will have the power
to amend the Constitution, then it will destroy the dual
polity again in favour of the State Government. ✓ To
sustain the division of power it is necessary that the
Constitution is amended by both the Central and State
governments. ✓ There are only certain provisions of the
constitution that take part in the division of power, those
provisions can be amended only by joint action and the rest
of the provisions can be amended by the Centre alone. The
following set of provisions take part in the division of
power: ❖ Article 54, Article 55: Election of President. ❖
Article 73: Extent of the Executive power of the Union. ❖
Article 162: Extent of the Executive power of State. ❖
Seventh Schedule: The division of powers between Union
and State is notified through three list: ➢ Union List ➢ State
List ➢ Concurrent List ❖ Representation of States in
Parliament. ❖ Article 368: It is related to the amendment to
the Constitution. ❖ Other than the above sets, the
Constitution can be amended by the Parliament only, then it
does not go to the State Legislature. 6 ❖ Federal
Constitution should necessarily be a written Constitution: ➢
The Federal Constitution must seek the supremacy of the
Constitution that is why the federal Constitution should be a
written Constitution. ➢ Unless the division of power is
clearly mentioned, the federation cannot function properly.
➢ Federal Constitution should be a written constitution for
the following reasons: ✓ Supremacy of the Constitution
cannot be maintained unless it is a written constitution. ✓
The division of power must be clearly demarcated in order
to ensure the smooth functioning of the federation. ❖
Rigidity of the Constitution: ➢ It means the provision for
amending the Constitution is difficult but not impossible. ➢
The Constitution can be only amended by the joint action of
the State Government and Central Government and it is a
difficult process. ➢ A major part of the Indian Constitution
is flexible and only a small part of the Indian Constitution
is rigid. ❖ Authority of Courts: ➢ There should be an
authority independent of the Central and State governments
with the power to resolve disputes that may arise between
the Central and State governments or between the State
Governments themselves. ➢ There shall be an independent
authority preferably a Court of law which shall act as the
final interpreter of the Constitution, whose decision shall be
final and binding. NOTE: ❖ The 2nd, 3rd, 4th, and 5th
provisions are to maintain the 1st provision that is the
division or distribution of power. ❖ Since all the above five
conditions are satisfied in the Indian Constitution hence,
the Indian Constitution is federal in character. 7 India as a
Quasi-federal model ❖ Scholars like K. C. Wheare calls
India as the Quasi-Federal. According to him, the Indian
federation is Federal only in form but not in the spirit. The
scholars who do not consider India as a case of true
federalism give following arguments- ➢ The Indian
Federation is tilted in favour of the centre. This is clear
when we see the distribution- of legislative powers in India.
Not only is the central list the lengthiest but largest and
most important number of subjects have been provided
under the central list. Even residuary- powers have been
given to the central government. However, the case of other
federations is different like the US, Australia and Germany.
Residuary powers lie with states. Besides Union, we also
have a concurrent list. In this context, the union has
primacy. In case of subjects under the state list also, the
Union gets power to take final decisions because it is the
governor's discretion that the governor can reserve any bill
of the state government for consideration of the President.
➢ Emergency provisions of the Indian Constitution are also
unique. When emergency provisions are used, our federal
structure ceases to exist and India becomes a unitary type
of structure. In this context, Article 356 has created a lot of
controversy in the past within India. States have started
demanding amendments in the Constitution with respect to
Article 356. ➢ The US is an indestructible union of
indestructible states whereas India is an indestructible
union of destructible States. In the Indian context, the
territorial integrity of states is not guaranteed. Under
Article 3 of Indian Constitution, the name, area and
boundary of the state can be changed without the consent
of the state by Union Parliament by simple majority ➢
Appointment of Governor - Governor is appointed by the
central government in India and the governor continues in
his office till the pleasure of the President whereas in
countries like USA or Australia, Governor is directly elected
by the 8 People. Governor's office is one of the most
debatable offices under the Indian federal set up. Governor
is under dual responsibility. The Governor primarily acts as
an agent of the centre in the state. The Governor has a lot
of discretionary powers under the Indian Constitution which
are not even available to the Indian President. These
discretionary powers of the Governor become the
instrument of ensuring centre's control over states. ➢
Presence of All India Services: IAS, IPS and IFS are as All
India Services. Members of All India Services (AIS) are
recruited and trained by the centre whereas they largely
function under the state government. Thus, by controlling
them the centre can always affect the administration of the
state. ➢ If we see the financial aspects of federalism, the
distribution of taxes shows a tilt towards the centre. Besides
above provisions, the other provisions of Indian
Constitution which often come under the criticism from the
point of view of traditional theory of federalism are- ✓
Single citizenship ✓ Integrated judiciary ✓ Common
Election Commission ➢ Thus, on the basis of above
provisions traditional scholars often criticise the Indian
Constitution as being Quasi-federal. Evaluation of the
criticism ❖ The scholars challenge the Indian model of
federalism on above grounds. Within India we see the
emergence for demands of change in the nature of Federal
structure which gives greater autonomy to the states.
Despite this development and criticism, we can prove that
India presents a strong case of federalism. ❖ Supreme
Court of India itself in The S.R. Bommai Case held that
federalism is a basic structure of the Indian Constitution.
Paul Appleby believes that India is extremely federal. His
observation is based on the administrative relations
between centre and 9 states. According to Dr. B.R.
Ambedkar, in spite of the adoption of the principle of
Federalism, national interest is treated as paramount.
Granville Austin believes that India is an example of
cooperative federalism. Morris Jones calls India a
bargaining federalism. Above arguments show that India is
a federation and the Indian federation represents the needs
of the country at that specific time. The supporters of the
Indian federation believe that India represents the case of
a strong centre. It was necessary to contain separatist
tendencies at that point. ❖ According to Paul Brass,
contrary to Nehru's optimism, the Indian Constitution
emerged in a highly insecure environment. India was facing
problems of communalism and separatism. Similarly, the
reason for not granting sanctity to the territorial integrity
of states is that states at that point of time were created by
the colonial administration according to their own
convenience. They were not reflecting the aspirations of
people. It was expected- that as soon as Indians will get
independence the demand for reorganisation of political
map will emerge. This was necessary. ❖ Hence, India
adopted a flexible procedure with respect to it. Internal
political map of India is still unsettled. We see the rise of
demands for creation of new states like Vidarbha every now
and then. Similarly, certain territories were to be kept as
union territories because either they were too small that
could not be given status of a state or they differ
linguistically or culturally that they could not be merged
with the adjacent states, ❖ Thus, if we go by the modern
theories of federalism, we can understand that every
political institution is shaped by the social, political and
economic environment of its time. India is a federation.
India possesses minimum features of federation. It emerges
out of the needs of India. It avoids the tight mould of
federalism as well as Unitarianism. There is inner dynamism
in Indian polity which makes it very different from other
polities. With the breakdown of the Congress system,
emergence of judicial activism and adoption of new
economic policy, Federal features in India are getting
stronger day by day. 10 Distinctive Features of the Indian
Constitution: ❖ There are many unitary features in the
Indian Constitution. ❖ States do not have a separate
Constitution of their own. There is no dual citizenship
enjoyed by the people in India. Whereas, in the US, there is
a provision of dual citizenship. ➢ NOTE: Since states do not
have a separate constitution of their own so they cannot
confer certain extra rights of the people who are ordinarily
the resident of the state. ❖ Article 3: The Parliament can
change the name, area, and boundary of the state without
the consent of the state. This means, the states are
destructible units of the federation. Whereas in the US not
even an inch can be taken away from the state by the
centre without the consent of the State. ❖ Schedule 7 of the
Constitution: It provides for the distribution of subjects
between centre and state in the form of 3 lists: ➢ Union List
➢ State List ➢ Concurrent List ❖ The division of power is
heavily tilted in favour of the Centre; the largest and most
important number of subjects have been provided under the
Union list. ❖ Union List ➢ The central government has
exclusive jurisdiction over the subjects given under the state
list. ➢ The most important subjects have been included in
the union list. Example: Defence etc. ❖ Concurrent List 11 ➢
In the case of the concurrent list, both State and Centre can
legislate but the Centre will have a prior and superior claim
of legislation, i.e., both can legislate but the Parliamentary
law will prevail over the state legislation. ❖ State List ➢
The State legislature enjoys jurisdiction over the state list
but this jurisdiction is not exclusive. It means the
Parliament can also legislate on the subjects of the state list
under five extraordinary circumstances. These
conditions/circumstances are the following: ✓ Article 249: If
the Rajya Sabha passes a resolution supported by 2/3rd of
the members present and voting on the ground that it is
necessary for the national interest that Parliament should
assume jurisdiction over the state subjects then Parliament
assumes jurisdiction over the specified State subjects for a
period of not more than 1 year. ✓ Article 250: When the
national emergency is proclaimed under Article 352 then the
Parliament assumes jurisdiction over the State List
(Concurrent Legislative Jurisdiction). ✓ Article 252: If two
or more State legislatures pass resolutions authorising the
Parliament to legislate over one or more State subjects then
Parliament assumes jurisdiction over those State subjects
for States concerned only. ✓ Article 253: The Parliament can
legislate on the State subject in order to implement
international agreements or treaties. ✓ Article 356: If the
President's rule is enacted then the State Legislature is
either suspended or dissolved then Parliament legislates
over the state subjects. Residuary Powers ❖ Under Article
248 the residuary power lies with the Parliament and not
with the state government so any subject that does not
belong to any list belongs to the residuary list. 12 ❖ In
Canada also the residuary powers belong to the Centre and
India follows Canada in this regard. Appointment of the
Governor ❖ Under Article 155 the Governor of the State is
appointed by the President but the President is not bound to
consult the State Government. The Governor holds the
Office at the pleasure of the President; therefore, the
Governor’s function is under the control of the Centre. The
Governor is not accountable to the State Government in any
manner. ❖ Presence of All India Services in the State: IAS,
IPS and IFoS are called All-India Services because they
function under both the State Government and the Central
Government. But they largely function under the State
Government and they don’t come under the disciplinary
control of the State Government. ➢ They are recruited,
trained and appointed by the Centre, thus by controlling
them the Centre can influence the administration of the
State Government. ➢ NOTE: Under Article 312 if the Rajya
Sabha passes a resolution authorising the Parliament to
create one or more new All-India Services then Parliament
by law may create one or more All-India Services. ❖ Under
Article 360 the President may proclaim a financial
emergency and suspend the distribution of financial
resources with the states. Single and Unified Judiciary ❖
The Constitution does not provide for a separate state
judiciary. It provides for a single and united judiciary for
both the centre and the State with the Supreme Court at the
apex. The Supreme Court exercises the administrative
control of High Courts. Thus, the State judiciary has been
brought under the control of the central or federal judiciary.
13 Election Commission of India ❖ Under Article 324, a
common Election Commission of India has been provided to
hold the elections of both Parliament and the State
Legislatures. While the State Election Commission holds
elections only for Panchayat and Municipalities.
Administrative Direction ❖ Under Article 256 and 257, the
Centre can issue administrative directions to the State
indicating the manner in which Railway properties and the
means of communication shall be maintained by the State.
These administrative directions are binding on the States. ❖
If they are violated under Article 365 then it can be
assumed that the administrative machinery of the State
cannot be carried on according to the provisions of the
Constitution and the Centre will be justified in dismissing
such State Government. Unequal Representation of the
Rajya Sabha ❖ That the States are not represented in the
Rajya Sabha on the principle of equality of State. They are
represented on the basis of population. ❖ Example: In the
US all states are represented equally in the Senate
irrespective of their size and population. Each state sends
two members to the Senate so that the interest of States can
be protected. ❖ The Indian Federation is described as
“federation sui generis” which means a federation of its
own kind. Contribution of India towards theory of
federalism ❖ Not only India presents the case of the
Federal Constitution it also makes important contributions
towards the theory and practice of federalism. Following
can be treated as Indian institutional innovation:- 14 ➢ The
Finance Commission is a unique agency. In fact, the Indian
Constitution under Article 280 provides for an autonomous
Commission. It determines the amount to be returned to the
states under revenue sharing or grants for activities
involving all levels of government. It recommends the share
of centre as well as states. ➢ Zonal Council- They were
made after the Linguistic reorganisation of the states. Its
aim was to maintain the spirit of cooperative federalism by
promoting interaction among the adjacent states. ❖ Besides
the above institutions, we also see certain practices like the
creation of linguistic states. It was thought that such states
would be threatening the security and territorial integrity of
India. However, the manner in which states were formed
and the approach which allowed interaction among states
show that linguistic states have actually strengthened
Indian federation and have made administration easier. ❖
The approach adopted by the administration towards the
promotion of Hindi is also an important development.
Rather than giving Hindi, the status of national language, it
has been given the status of official language This was an
attempt to contain differences between North and South. If
we compare the language policy of India with that of Sri
Lanka, we can see that it has been an intelligent innovation
to strengthen the federal structure. ❖ The case of India
shows that federalism depends less on the constitutional
provisions and more on the nature of democratic politics
and the spirit of federalism. The Indian case helps us in
building the concept that federalism should be understood
from the systematic perspective taking into account other
elements like social, economic and cultural. The Indian
federation also saw the periods of crisis. Exploiting the
Flexible structure of the Constitution, the government in the
centre tried to convert Indian federation into unitary type.
The same procedures which resulted into the misuse of the
Constitution contributed to the rise of regional aspirations
and demands for greater autonomy for states. 15 Changing
trends of Centre-State relations ❖ Context ➢ Federalism is
a dynamic concept. More than the constitutional provisions,
federalism is shaped by other factors like economic policy,
nature of the party system, role of judiciary, etc. In the
Indian context, we see a major change in the functioning of
the Indian federal system since the 1990s. The factors
responsible for bringing these changes are: ✓ the
breakdown of Congress system, ✓ the rise of regional
parties, ✓ coalition politics at centre (before 2014), ✓
judicial activism, ✓ the presidential activism, ✓ New
economic policy based on liberalisation, privatisation and
globalisation, ✓ Rise of new threats like terrorism,
communal violence. ✓ Passage of Acts like Right to
Information Act, ✓ 73rd and 74th Constitutional
Amendment Acting. ✓ Passage of GST Act- One Nation, One
Tax. Legislative Relation ❖ Original design of the
Constitution ➢ The Constitution demarcates the jurisdiction
of Union as well as State government in the form of 3 lists
given in 7th Schedule. The analysis of legislative relations
show a tilt in favour of centre, e.g.: ✓ the largest and most
number of subjects have been provided under the central
list, ✓ in case of Concurrent list, Union has got prior and
superior claim of legislation, ✓ Residuary power also lies
with the centre. 16 ❖ Besides the above provisions, the
Union can legislate on the subjects given in the state list,
e.g., under Article 249,250 and under Article 252. ❖ Analysis:
- ➢ This shows that the Constitution has created a strong
centre. It was necessary for maintaining internal as well as
external security. It was necessary for planned economic
development and national integration.
Federalism (Part-2)
Original Design
The constitution aims to create cooperative federalism in
the context of administrative relations. However, the
constitution gives primacy to the union government: Article
256- It states that: State will exercise its executive powers
in the manner that due compliance is given to the laws
made by the centre. The article also says that the
government of India has powers to give directions to state
governments whenever it is necessary. Article 365:
Whenever any state government fails to exercise its power
to give effect to the directions given by the union
government, the union government can establish that the
state government is not running according to the provisions
of the constitution. Article 355: It is the duty of the centre
to see that the government in every state is being run
according to the provisions of the Constitution- it has been
given to protect states against any external aggression on
internal disturbance. Article 356: On receiving the report of
the Governor, if the president is satisfied that a situation
has arisen in the state that government of the state cannot
be run according to the provision of the constitution then
centre can impose president rule. Analysis: Article 356 is a
unique provision of Indian Constitution; it has been widely
criticised by the states for its misuse by the central
government. It has been misused by the central government
on a number of occasions. The use of article 356 in the past
has shaped Indian federalism. The excessive use of this
article has also challenged the federal character of the
Indian state. 3 Institution of Governor Constitutional
Design According to the original design, the institution of
governor was to facilitate the model of cooperative
federalism. The governor was to be the link between 2 levels
of government. Governor was given dual responsibility. He
was to act as the Constitutional head of the state and also
as the representative of the Centre at the state. Governor
was given certain special powers which were to be used for
special purposes like administration of scheduled areas or
discretionary powers to be used under specific conditions
which may threaten the internal security or functioning of
state administration as per constitutional machinery. The
use of central paramilitary forces Since the 1960s there has
been a serious conflict between centre and states on the
issue of deployment of paramilitary forces like CRPF, CISF
or BSF by centre. According to the Constitution,
maintenance of law and order is a state subject. Thus, the
state viewed such an attempt by the centre as an attempt to
encroach into the area of state. Centre justifies its action on
the ground that it is the constitutional duty of the Union to
protect states from internal and external rebellion.
Changing Trends There has been a change in this context.
In the context of increasing threats like terrorism,
communal violence and also because of natural disasters
we see states not opposing the deployment of forces rather
they have started inviting central forces. Certain
contemporary administrative issues NIA - National
Investigation Agency It is created in the context of the
increasing threat of terrorism in the country. Certain States
opposed the idea of creation of such agency; States were of
the view that it is likely to destroy federal balance existing
under Indian Constitution. 4 Views of Centre - As per entry
I of the Union list, the responsibility of the security of the
country lies with the centre. It is also the duty of the centre
to protect states against internal as well as external threats,
States on their own will not be in a position to deal with the
issues like terrorism. Thus, creation of NIA is not against
the spirit of federalism. Centre also believes that other
countries, e.g., USA also has similar type of agency like FBI.
National Counter Terrorism Centre Central government
wants to set up a mechanism like NCTC since 2008 after the
Mumbai Terror attack but so far it could not have been set
up by the central government because of opposition raised
by the state government. Central government wants
proposed NCTC to get operationally involved to tackle
issues like terrorism and proposed NCTC will also have
following powers: Power to make an arrest without
informing the state government. Power to make search
operations throughout India without informing the state
governments. Note: Can also include about CBI, ED States
objections: States are of the view that the federal axis of
India is already heavily tilted in favour of centre and such
a mechanism will have the potential to destroy India's
federalism, beyond recognition. That is why mechanisms
like NCTC should not come into existence. At times centre
and states come into conflict when states feel that centre is
giving preference to some states, eg, states like Punjab and
Haryana in the past opposed the move of Central
government to sanction special tax holiday to Himachal
Pradesh to boost investment in the state. Interstate Dispute
Context Federal politics is understood at 2 levels: Politics
between centre and sub-national governments and politics
among sub-national governments. Like all politics the
politics 5 of federation also reflects the element of
cooperation as well as conflict. The major dispute among
states in India can be studied under following heads: water
disputes boundary disputes Other minor disputes like
mining, etc. Constitutional provisions The Indian
Constitution is based on the spirit of cooperative federalism.
The Constitution provides for various mechanisms for
resolution of disputes among states as well as promotion of
cooperation among the units of federation. Article 131: It
provides for judicial settlement of disputes. It is the
exclusive jurisdiction of the Supreme Court. However, the
Constitution gives greater thrust on political resolution of
dispute. [NEET (National Eligibility cum Entrance Test)
exam can also be included as a dispute.] Article 262: it
provides for extra-judicial settlement of disputes emerging
in the area of inter-state water disputes. Parliament may by
law provide for adjudication of any such dispute and can by
law exclude the Supreme Court and other courts from
entertaining such disputes. For this purpose, extra judicial
tribunals are created. These tribunals are created under the
Interstate River Water Disputes Act, 1956. The act says that
the award of the tribunal is final. Article 263: President can
create an interstate council for advising upon the disputes
and for resolution. of disputes. It can also be created for
investigation. of disputes. Sarkaria Commission has
recommended the creation of a permanent Inter State
Council. Such a Council was created in 1990. It comprises
Prime Minister, Chief Ministers, relevant Cabinet Ministers
and relevant Ministers from states. 6 Article 261: This article
also aims to establish interstate cooperation and harmony.
According to the provisions of this article, full faith and
Credit will be extended to the public acts, records and
judicial proceedings of union and states throughout the
territory. Article 301: It ensures freedom of trade and
commerce throughout the country. Article 307: Parliament
can create an inter-state authority for the purpose of
regulation of trade and commerce. Other mechanisms
Formal Mechanisms: Zonal Councils: These councils were
created on the recommendations of the state reorganisation
commission. It was set up under the State Reorganisation
Act, 1956. The purpose was to cultivate the habit of
cooperative working among the states created after
linguistic reorganisation. Informal mechanisms: Various
informal mechanisms like chief ministers’ conference or
governors’ conference of district magistrates’ conference
are also existing for policy harmonisation and resolution of
disputes. Major inter-state disputes Water dispute Context
India is a water stressed country. Only 4% of the world is
found in India. Increasing need of water and decreasing
resources. Uneven distribution of resources in the country.
Mechanisms to resolve water problems in country
Interbasin transfers Construction of reservoirs 7 Water
transfer projects Interlinking of all major rivers of India
The Centre is planning to adopt some rivers as national
assets. Water has been a major issue of dispute among a
number of states. Hydro animosity is on the rise. This is
rising not only among different states but also among
different communities. The prominent water disputes in
India are: Kaveri Water Dispute: The states involved are
Karnataka, Tamil Nadu, Kerala, Puducherry. The major
claimant states are Karnataka and Tamil Nadu. The Kaveri
dispute finds these states in conflicting relationships
especially during drought time. This dispute is very old.
Centre has created the Kaveri river tribunal for the
resolution of the dispute. This tribunal submitted the final
verdict in 2007. Ravi, Beas, Sutlej, Yamuna Link Canal: The
states involved are Punjab, Haryana, Delhi, Rajasthan.
Controversy over construction of Hogenakkal Canal.
Mullaperiyar Dam controversy: The states involved are
Tamil Nadu and Kerala. The Kerala assembly has appealed
to the centre to support the state in its attempt to construct
a new dam to replace 126 years old Mullaperiyar Dam.
According to Kerala, the dam has become dangerous for the
people living in neighbouring districts. According to Tamil
Nadu, there is no need for a new dam as the existing one
can be allowed to continue by strengthening it. Tamil Nadu
complains that its officials are not allowed to carry out
maintenance of the dam. Politics of Water Disputes Water
disputes have serious consequences like ethnic riots. In
1992, the Kaveri water dispute led to anti-Tamil riots in
Karnataka. It had political implications for the state politics
in both the states. Thus, such disputes can affect federal
equilibrium between Centre and states as well as between
States themselves. There have been several efforts 8 to
resolve these disputes but with many negative spin-offs.
According to the study conducted by A. Richards and
Nirvikar Singh: Tribunals have remained ineffective
because of the advisory nature of water authorities. In
many cases, the awards of tribunals have not been
respected. The resolution of disputes depends upon
political considerations. States have a negative attitude.
States consider what is in the interest of another state as
against their interest. Political Parties look at disputes in
the light of their political base. Regional parties which take
opposite stands on other issues take common stands on
water issues. They are ready to defy even their leaders
because of the sensitive nature of politics at local level.
Federalism part 3
Context
Origin of boundary disputes can be traced to the colonial
arrangements. Boundary creates problems within states as
well as between states. Interstate boundary disputes are
related to the demand for creation of new states. In
contemporary times, we see the demand for the creation of
states like Vidarbha in Maharashtra and Harit Pradesh in
Uttar Pradesh. One of the important interstate boundary
disputes is related to Belgaum district. Belgaum is located
at north-western frontier of Karnataka. It borders
Maharashtra and Goa. Origin of the dispute goes back to
linguistic reorganisation of States. Belgaum district has a
significant Marathi speaking population. When Maharashtra
was created, some parts of Maharashtra where Kannada
was spoken were transferred to Karnataka in exchange of
certain districts of Karnataka going to Andhra. As a
compensation, certain Marathi speaking pockets went to
Karnataka. In this context, Marathi speaking pockets have
organised themselves into Maharashtra Ekikaran Samiti.
They want integration of their area with Maharashtra on
linguistic grounds. They believe that there is discrimination
against Marathi in education and jobs, Karnataka lays its
rights on Belgaum on historical grounds whereas
Maharashtra Ekikaran Samiti is talking of linguistic
grounds which has complicated the whole issue. Other
boundary disputes There are certain territorial disputes
between U.P. and Haryana. There is also a territorial dispute
between U.P. and Bihar because of the changing course of
the river. Odisha has disputes with Andhra Pradesh, West
Bengal and Jharkhand. There are many such disputes in the
north-eastern region also. In the case of the north-east, a
Commission has been set up for resolution of boundary
disputes in the area. Boundary dispute is linked with other
issues like distribution of forest wealth, mineral, resources,
mines, etc. 3 Note: We see a lack of balance in
development in the country which becomes a cause of
conflict between rich and poor states. Rich states are
against the idea that the centre should give greater grants
to the poor states. According to rich states it results into the
diversion of funds from productive areas. Rich states feel
that poor states are poor because of social backwardness,
political instability and lack of political will. Rich states
want greater share in the resources of the union. Poor states
feel that the reason for their poverty is that the centre has
given special favours to certain states. Cultural grounds of
Interstate dispute Another area of interstate dispute is the
cultural and linguistic area. This dispute exists between the
states of North India and the states of South India. The
Southern states resist imposition of Hindi. They feel that the
imposition of Hindi is a means for establishing the
hegemony of the North. Thus, there are different areas of
disputes between Centre and states as well as among states.
In different phases, different types of disputes have
dominated the Indian political scene. In contemporary
times, the water and territorial issues are more contentious.
Politicisation of issues have further complicated the
resolution of conflict. Competitive politics has been a
determining factor in this context. Political parties should
leave petty politics and narrow perspectives. Integrationist
tendencies and regional aspirations Meaning of nation The
concept of nation emerged in the West when the modern
age began. In the West, we see the beginning of nation
states. Nation states became the units of international
society. Nation states were formed on the basis of the
principle of national self- 4 determination. The concept of
one nation and one state emerged to counter the hegemony
of the Roman empire. The Roman empire was a political
arrangement which included people belonging to different
races and nationalities. Thus, the nation became a basis for
the breakdown of the Roman empire and modern nation
states emerged there. Nation is a complex term. It has
cultural, political, ideological and racial dimensions. It also
includes psychological dimension. The concept of nation is
nearest to race. Race develops in a specific geography.
Every geography results in a specific way of life. This way
of life becomes culture. Culture is expressed through
language. Thus, nation, culture, language gets mixed up.
The pure form of nations are cultural nations. The large
societies which have heterogeneous populations are
examples of political nations. In this context, the
psychological aspect of nationalism becomes important.
The basis of nationalism is a psychological feeling of
oneness. This feeling may emerge because of a common
past or belief in a common future. It emerges when the
community visualises common threats and understands the
benefits of cooperation. India is an example of political
nations. Importance of nationalism in Indian context
During British rule Britishers maintained their ideological
hegemony that India is nothing but a geographical
expression. It is not one nation. Many communities live in
India. Indians are divided on many lines. Hence, the
concept of national selfdetermination will not apply to
India. Once the British leave India, Indians will be fighting
among themselves. They also promoted Jinnah's two nation
theory. The British ideological project of thwarting the idea
of India being a nation was countered by nationalists like
Aurobindo Ghosh who went on to give his religiomystical
approach. He called India a divinity personified which has
been existing since time immemorial. It is not a human
creation. 5 To counter the British hegemony, the project of
nation building became important. Indian freedom -
struggle is not simply struggle for independence. It was
also aimed at establishing India as a nation. Nationalists in
all phases tried to promote this idea in different ways. After
independence Even after independence, we continued with
the strategy of nation building. Nation building was
important for bringing economic development as well as
modernization. India had suffered partition and communal
riots at the time of India's independence. During the
Freedom movement, we continued with the assertiveness of
Dalits who were favouring the continuation of British rule.
Dalits feared that once the British left they would be
subjected to atrocities in India. Hence, the Indian
Constitution has adopted various provisions for promotion
of national integration. Indian leaders like Nehru and
Gandhi, provided the ideological basis for the nationalism
project. Gandhi visualised future India in which all
communities shall live in perfect harmony. Nehru openly
declared that anyone who is trying to threaten territorial
integrity of India will be met with all forces at our
command. Any attempt of Balkanisation of the country will
be met with all forces at our command. Sardar Patel
successfully accomplished the integration of Various
Princely states and regions like NorthEast into one
territorial unit. Regionalism Meaning of region Region is a
geographical expression. The physical distinctiveness of an
area from another area is the basis for earmarking
different regions. It is not necessary that boundaries of the
region and administrative boundaries are always the same.
In the colonial world, there is a mismatch between
geographical and administrative boundaries. The reason is
that the colonial masters made administrative boundaries
according to their own convenience. It was also a part of
colonial administrative policy to divide people and thus
different communities were often clubbed together. 6
Concept of Regionalism It is a psychological feeling. It
means preference for one region. It is a natural feeling of a
person belonging to a particular region Nature of
Regionalism Regionalism is not bad in itself. Regionalism
provides the basis for political mobilisation in domestic
politics. Regionalism at times is also bad when regional
preferences become priority over the preference for the
nation as a whole. When we start identifying one region as
a separate identity different from the entire country then it
creates problems. Regionalism in Indian Context
Regionalism in Indian context is inevitable because of
following factors: large size of the country, enormous
geographical variations. cultural diversity Paul Brass
considers regionalism as a long-term tendency of Indian
politics. Meaning of politics of regionalism It means ability
to manage diversity. If managed properly, it adds to the
richness of the country in cultural, economic and political
terms. If not managed properly, it creates a threat for
national integrity in terms of territorial integrity also.
Manifestations of regional aspirations in India In India, we
have seen the articulation of regional aspirations in
different forms. We have seen regional movements
demanding autonomy of a region, protection of culture and
language, creation of new states and at times demand for
secession from the country. According to Prakash Rao, the
cycle of regionalism can be seen in the Indian context.
Regional movements begin with revival of poetry and
culture and goes to the level of secessionist demands and
ends up with the planned economic development and
autonomous life, E.g., Jammu and Kashmir - the reason for
regionalism in J&K are: 7 Some section wanted to remain
independent Pakistan factor The issue of Kashmiri culture,
They felt that provisions of Article 370 are not sufficient and
independence of Kashmir Valley is the need of the time,
Kashmir was not given autonomy in true sense of the term
(as per separatist forces), Development of the region was
neglected, Political process was never given a chance in
J&K and democratically elected governments in J & K were
never allowed to complete their full terms. Regionalism in
Punjab Akalis demanded greater autonomy, Issue of
Chandigarh and distribution of water Resources Misuse of
Article 356 was also the reason, Even the Central
government got involved in the internal politics of state,
The movement in Punjab became violent and ultimately the
government had to start operation Blue Star. This was
followed by the killing of Indian PM Indira Gandhi which
was followed by anti-Sikh riots. Ultimately violence was
stopped by the Rajiv GandhiSant Longowal Pact. The
prominent terms of the agreement were: Chandigarh will be
given to Punjab, Compensation will be given to the victims
of anti-Sikh riots Tribunal will be set up for distribution of
water of Ravi and Beas rivers The agreement was not well
received by a large section of Sikh population. The
Government of India also failed to give effect to the terms
of the agreement. Normalcy could not return to Punjab. It
took another 5 years to deal with the situation. Democratic
process was restarted in 1992. Even today religious identity
plays an important part in the politics of Punjab. 8 Assam
It was against immigration from Bangladesh and other
Indian states There was an economic dimension also.
Assam supplied tea, coal and oil to the rest of the country
but economic conditions of Assamese people was bad,
Movement in Assam was started by the All Assam Student
Union. Ultimately the movement became Violent. The
Central government, State government and All Assam
Students Union signed the Assam Accord in 1985. Terms of
Assam Accord: National Register for Citizens will be
created, 24th March 1971, was declared as the cut-off date
i.e., all those who came to India before this cut-off date will
be treated as Indian citizens. Other regional movements in
Assam: Assam also witnessed movement for Bodo land. In
the case of Bodo land, an autonomous council was
constituted. There is a movement for greater autonomous
hill areas. Nagaland Nagas did not accept sovereignty at
the time of India's independence. Ultimately the issue was
resolved with the creation of the state of Nagaland out of
Assam in the 1960s. The Naga movement is still continuing.
The range of Naga demand moved from greater autonomy
within the Indian Union to greater Nagaland consisting of
the areas of Assam, Manipur, Nagaland and Myanmar.
Dravida Movement It was one of the most effective
movements for regional aspiration. They demanded a
separate state of Dravida Nadu. The movement was
initiated by E.V. Ramaswamy Naicker. 9 He started a
self-respect movement. Later on, he formed the political
party known as DMK. The movement never took the path of
violence. It always took a political path. In 1965, the
movement Dravida Munnetra Kazhagam→ DMK became an
anti-Hindi agitation. Movement is a good example of
balance between regionalism and nationalism. Vidarbha
movement It is the eastern region of Maharashtra. It is
made up of Nagpur and Amravati division. This region is
known for cotton and oranges. This region is plagued by
poverty and malnutrition. There has been a call for
creation of a separate state because people feel that this
region has been neglected. This region has fallen behind in
attracting investment and development fronts.
Infrastructure is poor in this area. Explanation for
regionalism in India Modernization theory: Normally
modernization weakens the primordial loyalties. However,
in the Indian context it has strengthened such loyalties
because it provides a basis for political mobilisation and
political bargaining. Modernization theory is supported by
scholars like Rudolph and Rudolph. Uneven Development
Model by Robert Hardgrave: The economic grievances get
mixed up with cultural anxiety and give rise to regional
aspirations. Culture of scarcity model: Regional aspirations
emerge when people feel that they were deprived of the
benefits of the development policy, e.g., regional aspirations
in Assam Son of the soil theory - Myron Weiner: This shows
that a specific land, its resources and opportunities in the
field of development and employment are meant for
original inhabitants, e.g., Maharashtra Navnirman Sena
(CMNS) in Maharashtra. Politics of opposition theory by
Iqbal Narain: He finds that there is a political reason
behind such movements. Regionalism in India began in
opposition to the Congress system. 10 Politics of federalism
theory: Regionalism is inevitable in Indian context. In fact,
regionalism strengthens federalism. Regionalism is a
universal issue. Every type of regionalist is not bad.
Regionalism does not necessarily lead to Balkanisation.
Regionalism is an emotive issue. It should be dealt with
properly. It is wrong to see regionalism as a challenge to
nationalism. Regionalism should be treated as a crisis of
development rather than a crisis of nation building. In a
country like India, regionalism is inevitable and it is
necessary for the Indian state to devise ways to deal with
regionalism. A possible mix of strategy to deal with the
issue of regionalism can be following: Strengthening of
local self-government Balanced regional development,
Respect for human rights, Adoption of ethos of
multiculturalism, Respecting the federal structure of Indian
political system.
Governor
Necessity of Governor ❖ The institution of Governor is one
of the most criticized and highly politicized in Indian
context. The office of Governor emerges in the context of :-
➢ Adoption of federal framework of Indian Political system.
➢ In context of the adoption of Parliamentary model of
governance even at the level of state. Envisaged role of
Governor ❖ Governor was supposed to play the role of
Constitutional Head of the state. In this context, the
Governor is supposed to be the guardian of the interest of
the people of the state. India has adopted the model of
cooperative federalism. In this context, the institution of
Governor was one of the various mechanisms adopted by
Indian Constitution. ❖ Indian constitution emerged in the
context of the partition of the country. Hence, Constitution
makers had created the model of federalism which is tilted
in favor of Centre. Governor was seen as an agency that
would see the administration of the state. It will see that the
administration is running as per the provisions of the
constitution. He has to see that the attempt towards
balkanization of the country is not taking place. ❖ He has
to bring national perspective at the level of state. Hence,
there was nothing wrong in the way institution of Governor
was created and envisaged under the Indian Constitution.
The Constitutional position of Governor vis-a-vis his Council
of Ministers as compared to that of the President is well
secured. ❖ The President largely wields influence but not
power. The office of President is largely ceremonial but not
of authority. The Governor of a state under Constitution
wields 3 both influence and power. His office is equally
ceremonial and equally an office of authority. ❖ Unlike
President, Governor can exist and exercise his executive
functions even in the absence of Council of Ministers. The
Constitution nowhere explicitly mentions that President
enjoys discretionary powers. His discretionary powers have
to be inferred under the various provisions of the
Constitution. ❖ It is because of compulsions of
parliamentary form of government the President has come
to enjoy certain discretionary powers. On the other hand,
Constitution explicitly states that the Governor of a state
enjoys discretionary powers. Further apart from enjoying
all the discretionary powers of at state level, the Governor
of state enjoys following extra-discretionary powers: - ➢
Under Article 𝟏𝟔𝟑(𝟏) the Governor of a state has to act on the
aid and advice of Council of Ministers. In the exercise of his
functions in so far as he is by or under the Constitution
requires him to act in his discretion. ➢ Article 𝟏𝟔𝟑(𝟐)- if any
difference arises whether a power of Governor is part of his
discretionary powers or not, then the decision of the
Governor in this regard shall be final and binding. ➢ Under
Article 166 it recognizes the discretionary powers of the
Governor. Powers of Governor ❖ Article 163 of Indian
Constitution provides the scope for the discretionary powers
of the Governor. ➢ According to it, Governor is to act on the
aid and advice of Council of Ministers except when he is
required to exercise his functions in his discretion. It is also
added that what issues will come under his discretionary
powers will be decided by the Governor himself. 4 Analysis
of this Provision ❖ The powers of Governor are different
from that of the President. The President of India only has
situational discretionary powers whereas Governor's
discretionary powers are constitutional. Such powers were
given to Governor to meet those exceptional circumstances
which can threaten security and territorial integrity of
India. Such discretionary powers were to be used only
under exceptional circumstances. However, the
discretionary powers of Governors were not used in
accordance with the vision of constituent Assembly. It was
used for the fulfilment of the interest of ruling party at the
Centre. ❖ Such use of discretionary powers of Governor
created controversy in the country. The Supreme Court in
Shamsher Singh Vs. State of Punjab Case, 1974 laid down
that India has adopted parliamentary form of Government.
Hence the powers of Governor are ceremonial. Only in the
rare circumstances, when the decision of the cabinet is
arbitrary or based on malafide then Governor can use his
discretionary powers. The Supreme Court in S.R. Bommai
case established that Federalism is a basic structure of
Indian Constitution and President's decision under Article
356 is subject to judicial review. ❖ Under Article 200, the
Governor can reserve any bill for the consideration of
President. Such powers of Governor are criticized by the
states. Such powers provide access to Centre on the entries
given under the state list. Centre has used this power of
Governor for bringing unnecessary delay in the passage of
the bills of those states where opposition party is in power.
❖ Hence, such discretionary powers can cause heavy strain
on Indian federal set up. Governors have not used their
discretion according to the constitutional mandate rather
they have used their discretion for the benefits of ruling
party. 5 Article 356 ❖ This article is also one of the most
controversial articles related to Governor's institution in the
Indian context. President’s Rule can be imposed under
Article 356 on the ground that it is not possible to run the
government of the state according to Constitutional
provisions. ❖ Article 356 has been misused through the
institution of Governor which has brought disrepute to the
office of Governor. Analysis ❖ Even after the judgement of
Supreme Court in S.R. Bommai case, the institution of
Governor and Article 356 has been misused by Centre for
political purposes. Governors have used their discretionary
powers in case of emergence of Hung Assembly in the state
in arbitrary manners. They have not tried to follow a
healthy convention or to establish a specific pattern of
behavior. ❖ The Governors sometimes have acted in blatant
disregard of Constitutional mandate. Ex → 2018-Governor
called a party to form Government in Karnataka despite not
having majority while other two parties with a post-poll
alliance were not invited. While President has tried to
establish healthy conventions at centre and minimise the
scope of situational discretion, same is not true in context
of Governors. That is why Sarkaria Commission has issued
guidelines to be followed by Governor in this context which
has not been followed by Governors. Thus, at the level of
state Governor has failed to maintain the spirit of
Westminster model in Indian context. Conclusion ❖ It is
indeed unfortunate that many Governors have failed to
understand the clear and proper conception of their own
role. There are many cases in which they have violated the
spirit of Fairness. 6 ❖ All political parties have utilized the
institution of Governor in their interest. There have even
been demands coming from certain states to have
substantial reduction in the power of Governor. ❖ Some
political scholars even suggested the abolition of the
institution. However, it is not advisable to abolish the
institution. It is necessary that the office of Governor should
uphold the spirit of fairness. ❖ Institution of Governor is an
essential part of constitutional machinery in Indian context.
A Governor can do great deal of good if the person is a
good Governor. Similarly, it can do great harm to the
federal structure and ultimately to the territorial integrity
of the state if they act otherwise. ❖ According to Soli
Sorabjee, it is not surprising that people call for abolition of
the institution. However, it will be like throwing the baby in
the bath water. What is essential is to teach the baby how to
swim. Thus, Soli Sorabjee points towards overhauling of the
institution. Views of Former PM Dr. Manmohan Singh ❖ He
has given 4 mantras to overhaul the institution: - ➢ You are
the sole judge of what is right and what is wrong, ➢ It is
your judgement to decide what is the mandate of the
Constitution, ➢ Judge what is in the best interest of the
country, ➢ See what people expect out of you. ❖ Various
viewpoints with respect to the office of Governor ➢ Vision
of Constituent Assembly ✓ Normally he should not be from
the same state, ✓ CM of the concerned state should be
consulted before appointment. ❖ Sarkaria Commission
recommendation ➢ He should not be an active member of
Party at power in Centre, 7 ➢ He should be appointed after
consultation with Vice-President, speaker of Lok Sabha and
CM of state. ❖ M.M. Punchhi Commission ➢ While inviting
the President Under Article 356 to take over the
administration of the state the Governor shall state in his
report that why he has come to the conclusion that the
administration of the state cannot be carried out in
accordance with the provisions of the Constitution.
1991-1998
India's foreign policy underwent massive changes after the
disintegration of the Soviet Union in 1991. Since there was a
shift in the structural conditions of international politics
due to the disintegration of the Soviet Union. That is why
India also went for significant change on its foreign policy
front. Need For these significant changes began due to
Following reasons:- 1. End of Cold War 2. Disintegration of
Soviet Union 3. Liberalization of Indian economy 4.
Emergence of USA as the Hegemonic power of the world 5.
Adoption of liberalization, privatization and globalization
by Indian economy Indian foreign policy during tenure of
P. V. Narasimha Rao 1. India continued with its support for
non-alignment 2. India demanded disarmament 8 3. India
put forward the demand of New International Economic
Order 4. India went for qualitative improvement in its ties
with USA and other Western countries 5. India also went for
qualitative improvement in its ties with China and Japan. 6.
India's Look East Policy was also declared in 1991. 7. India
established diplomatic relationship with Israel in 1992. 8.
India went for greater South-South cooperation. 9. The
issue of North-South divide was also put forward by India.
10. India declared its support for United Nations and its
organisations. 11. India joined World Trade Organisation.
12. Defence relationship with USA also increased
significantly. 13. India also remained committed to
non-acceptance of discriminatory nuclear regimes like
CTBT and NPT. All along India maintained this position that
these treaties are discriminatory treaties not meant for
giving equal position rather meant for giving privileged
position to some countries like P5 countries. 14. India
increased the scope and intensity of its economic diplomacy
in Asia, Europe, etc. 15. India continued with its demand for
democratisation of UNSC. (CTBT- Comprehensive
Nuclear-Test-Ban Treaty and NPT- Treaty on the
NonProliferation of nuclear weapons) 16. In 1996, I.K.
Gujral gave his Gujral doctrine (when he was External
Affairs Minister In H.D. Devegowda 's government). Gujral
doctrine was as India's attempt of its image makeover. Key
elements of Gujral doctrine:- 1. With its neighbours like Sri
Lanka, Bangladesh, Bhutan, Maldives and Nepal, India does
not ask for reciprocity but gives all that it can in good faith
and trust. 9 2. No South Asian country will allow its territory
to be used against the interest of another country of the
region. 3. None will interfere in the internal affairs of
another country. 4. All South Asian country must respect
one another's territorial integrity and sovereignty 5. All
countries will settle all their disputes through peaceful and
bilateral negotiation.
Plato (Part-2)
Methodology of Plato ❖ Plato had used a dialectical
method to give his scheme of education. Education is quite
central in Platonic thought. ❖ The topic of education is
dealt with in a very extensive manner. This is the reason
that French philosopher Rousseau called Plato's book
Republic as the best treatise ever written on education.