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§§§
8. ELECTIONS AND DEMOCRACY ............................................................................. 55
RESERVATION OF CONSTITUENCIES .................................................................................... 58
FREE AND FAIR ELECTIONS ................................................................................................... 59
ELECTORAL REFORMS ............................................................................................................ 62
9. CENTER STATE RELATION ..................................................................................... 64
LEGISLATIVE RELATIONS ...................................................................................................... 64
ADMINISTRATIVE RELATIONS .............................................................................................. 66
FINANCIAL RELATIONS .......................................................................................................... 69
CENTRE - STATE RELATIONS: CONFLICT ZONE .................................................................. 70
PUNCHHI COMMISSION ON CENTRE - STATE RELATIONS ................................................ 77
FINANCE COMMISSION VS PLANNING COMMISSION ....................................................... 79
10. EMERGENCY PROVISIONS ..................................................................................... 82
NATIONAL EMERGENCY (ART. 352) ...................................................................................... 82
PROCLAMATION OF PRESIDENT’S RULE (ART. 356) ........................................................... 83
FINANCIAL EMERGENCY (ART. 360) ..................................................................................... 84
11. AMENDMENT OF CONSTITUTION ........................................................................ 85
AMENDMENT PROCEDURE .................................................................................................... 85
AMENDMENTS IN BRIEF ........................................................................................................ 85
12. SEVENTH SCHEDULE (ARTICLE 246) ................................................................... 91
LIST I—UNION LIST ................................................................................................................. 91
LIST II-STATE LIST ................................................................................................................... 95
LIST III—CONCURRENT LIST ................................................................................................. 98
13. POLITICAL= SYSTEM ............................................................................................ 102
POLITICAL SYSTEM IN INDIA .............................................................................................. 102
COALITION POLITICS ............................................................................................................ 104
14. ADMINISTRATIVE TRIBUNALS ............................................................................ 110
ADMINISTRATIVE REFORMS IN INDIA ............................................................................... 110
IMPORTANT COMMITTEES ................................................................................................... 113
MEMBERS OF SECOND ARC ................................................................................................. 114
ADMINISTRATIVE REFORMS COMMITTEES ...................................................................... 114
POLICE REFORMS .................................................................................................................. 117
15. POLITICAL DEBATE ............................................................................................... 122
PRESIDENTIAL VS PARLIAMENTARY ................................................................................. 122
SEPARATION OF POWER ....................................................................................................... 125
JUDICIARY VS LEGISLATURE .............................................................................................. 126
LEGISLATIVE COUNCILS ...................................................................................................... 127
JUDICIAL ACTIVISM .............................................................................................................. 130
JUDICIAL REVIEW ................................................................................................................. 133
IMPACT OF THE 42ND AMENDMENT .................................................................................. 134
JUDICIAL REFORM IN INDIA ................................................................................................ 135
NAXALISM - PERCEPTION AND REALITY .......................................................................... 138
16. MULTIPLE CHOICE QUESTION .................................................................... 144-162
WHY DO WE NEED ACONSTITUTION 1
1
Why Do We Need A Constitution
Contents of The Chapter
§ MAKING OF THE INDIAN CONSTITUTION: ........................................................................ 5
What is a constitution? What are its decide what the laws will be. In principle, this
functions? What role doesitper formsociety? question, who gets to decide, can be answered
How does a constitution relate to our daily in many ways: in a monarchical constitution,
existence? a monarch decides; in some constitutions like
The first function of a constitution is to the old Soviet Union, one single party was
provide a set of basic rules allow for given the power to decide. But in democratic
minimal coordination amongst members of constitutions, broadly speaking, the people get
a society. to decide. But this matter is not so simple,
Because even if you answer that the people
Specification of decision making powers
should decide, it will not answer the question:
A constitution is a body of fundamental how should the people decide? For something
that principles according to which a state is to be law, should everyone agree to it? Should
constituted or governed. But what should the people directly vote on each matter as the
these fundamental rules be? And what makes- ancient Greeks did? Or should the people
them fundamental? Well, the first question- express their preferences by electing
you will have to decide is who gets to decide representatives? But if the people act through
what the laws governing the society should their representatives be elected? How many
be? You may want rule X, but others may want should there be?
rule Y. How do we decide whose rules or This is the function of the constitution. It
preferences should govern us? You may think is an authority that constitutes government
the rules you want everyone to live by are the in the first place.
best; but others think that their rules are the In the Indian Constitution for example,
best. How do we resolve this dispute? So even it is specified that in most instances,
before you decide what rules should govern Parliament gets to decide laws and policies,
this group you have to decide: Who gets to and that Parliament itself be organised in a
decide? particular manner Before identifying what the
The constitution has provide an answer law in any given society is, you have to
to this question. It specifies the basic allocation identify who has the authority to enact it. If
of power in a society. It decides who gets to Parliament has the authority to enact laws,
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PB GIST OF NCERT INDIAN POLITY
there must be a law that bestows this authority limited during times of national emergency
on Parliament in the first place. and the constitution specifies the
circumstances under which these rights may
Limitations on the powers of government
be withdrawn.
But this is clearly not enough. Suppose So the third function of a constitution is to
you decided who had the authority to make set some limits on what a government can
decisions. But then this authority passed laws impose on its citizens. These limits are
that you thought were patently unfair. It fundamental in the sense that government
prohibited you from practising your religion may never trespass them.
for instance. Or it enjoined that clothes of
certain colour were prohibited, or that you Aspirations and Goals of a Society
were not free to sing certain songs or that Most of the older constitutions limited
people who belonged to a particular group themselves largely to allocating decision-
(caste or religion) would always have to serve making power and setting some limits to
others and would not be allowed to retain any government power. But many twentieth
property. Or that government could arbitrarily century constitutions, of which the Indian
arrest someone, or that only people of a certain Constitution is the finest example, also provide
skin colour would be allowed to draw water an enabling framework for the government to
from wells. do certain positive things, to express the
You would obviously think these laws aspirations and goals of society. The Indian
were unjust and unfair. And even though they Constitution was particularly innovative in
were passed by a government that had come this respect.
into existence based on certain procedures Societies with deep entrenched
there would be something obviously unjust inequalities of various kinds, will not only
about that government enacting these laws. have to set limits on the power of government,
Constitutions limit the power of government they will also have to enable and empower
in many ways. The most common way of the government to take positive measures to
limiting the power of government is to specify overcome forms of inequality or deprivation.
certain fundamental rights that all of us For example, India aspires to be a society
possess as citizens and which no government that is free of caste discrimination. if this is
can ever be allowed to violate. The exact our society’s aspiration, the government will
content an interpretation of these rights varies have to be enabled or empowered to take all
from constitution to constitution. But most the necessary steps to achieve this goal. In a
Constitutions will protect a basic cluster of country like South Africa, which had a deep
rights. Citizens will be protected from being history of racial discrimination, its new
arrested arbitrarily and for no reason. This is constitution had to enable- the government to
one basic limitation upon the power of end racial discrimination. More positively, a
government. Citizens will normally have the constitution may enshrine the aspirations of a
right to some basic liberties: to freedom of society. The framers of the Indian Constitution,
speech, freedom of conscience, freedom of for example, thought that each individual in
association, freedom to conduct a trade or society should have all that is necessary for
business etc. and practice, these rights can be them to lead a life of minimal dignity and
§§§
WHY DO WE NEED ACONSTITUTION 3
social self-respect — minimum material well If one looks at constitutions around the
being, education etc. world, they differ in many respects — in the
The Indian Constitution enables the form of government they enjoin in many
government to take positive welfare measures procedural details. But they also share a good
some of which are legally enforceable. As we deal. Most modern constitutions create a form
go on studying the Indian Constitution, we of government that is democratic in some
shall find that such enabling provisions have respects, most claim to protect certain basic
the support of the Preamble to our rights. But constitutions are different in the
Constitution, and these provisions are found way they embody conceptions of natural
in the section on Fundamental Rights. The identity. Most nations are an amalgamation of
Directive Principles of State of Policy also a complex set of historical traditions; they
enjoin government to fulfil certain aspirations weave together the diverse groups that reside
of the people. within the nation in different ways. For
Fundamental identity of a people example, German identity was constituted by
being ethnically German. The constitution
Finally, and perhaps even most gave expression to this identity. The Indian
importantly, a constitution expresses the Constitution, on the other hand, does not
fundamental identity of a people. make ethnic identity a criterion for citizenship.
The fourth function of a constitution is to Different nations embody different
enable the government to fulfil the conceptions of what the relationship between
aspirations of a society and create the different regions of a nation and the central
conditions for a just society. government should be. This relationship
This means the people as a collective constitutes the national identity of a country.
entity come into being only through the basic
The Authority of a Constitution
constitution. It is by agreeing to a basic set of
norms about how one should be governed, We have outlined some of the functions
and who should be governed that one forms a constitution performs. These functions
a collective identity. One has many sets of explain why most societies have a constitution.
identities that exist prior to a constitution. But But there are three further questions we can
by agreeing to certain basic norms and ask about constitutions:
principles one constitutes one’s basic political a) What is a constitution?
identity. Second, constitutional norms are the
b) How effective is a constitution?
overarching framework within which one
pursues individual aspirations, goals and c) Is a constitution just?
freedoms. The constitution sets authoritative In most countries, Constitution’ is a
constraints upon what one may or may not compact document that comprises a number
do. It defines the fundamental values that we of articles about the state, specifying how the
may not trespass. So the constitution also gives state is to be constituted and what norms it
one a moral identity. Third and finally, it may should follow. When we ask for the
be the case that many basic political and moral constitution of a country we are usually
values are now shared across different referring to this document. But some
constitutional traditions. countries, the United Kingdom for instance,
§§§
PB GIST OF NCERT INDIAN POLITY
do not have one single document that can be not an instrument for the aggrandisement of
called the Constitution. Rather they have a their personal power. The final document
series of documents and decisions that, taken reflected the broad national consensus at the
collectively, are referred to a the constitution. time. Some countries have subjected their
So, we can say that constitution is the constitution to a full- fledged referendum,
document or set of documents that seeks to where all the people vote on the desirability
perform the functions that we mentioned of a constitution. The Indian Constitution was
above. never subject to such a referendum, but
But many constitutions around the world nevertheless carried enormous public
exist only on paper; they are mere words authority, because it had the consensus and
existing on a parchment. The crucial question backing of leaders who were themselves
is: how effective is a constitution? What makes popular. Although the Constitution itself was
it effective? What ensures that it has a real not subjected to a referendum, the people
impact on the lives of people? Making a adopted it as their own by abiding by its
constitution effective depends upon many provisions. Therefore, the authority of people
factors. who enact the constitution helps determine in
Mode of promulgation part its prospects for success.
The more a constitution preserves the circumstances. You will notice the wisdom of
freedom and equality of all its members, the makers of the Indian Constitution in the
more likely it is to succeed. Does the Indian chapter on the Constitution as a living
Constitution, broadly speaking, give everyone document (Chapter 9}. The Indian
a reason to go along with its broad outlines? Constitution is described as ‘a living’
document. By striking a balance between the
Balanced institutional design
possibility to change the provisions and the
Constitutions are often subverted, not by limits on such changes, the Constitution has
the people, but by small groups, who wish to ensured that it will survive as a document
enhance their own power. Well crafted respected by people. This arrangement also
constitutions fragment power in society ensures that no section or group can, on its
intelligently so that no single group can own, subvert the Constitutioit
subvert the constitution. One way of such
MAKING OF THE INDIAN CONSTITUTION:
intelligent designing of a constitution is to
ensure that no single institution acquires As far back as in 1928. Motilal Nehru and
monopoly of power. This is often done by eight other Congress leaders drafted a
fragmenting power across different constitution for India. In 1931, the resolution
institutions. The Indian Constitution, for at the Karachi session of the Indian National
example, horizontally fragments power across Congress dwelt on how independent India’s
different institutions like the Legislature, constitution should look, like. Both these
Executive and the Judiciary and even documents were committed to the inclusion
independent statutory bodies like the Election of universal adult franchise, right to freedom
Commission. This ensures that even if one and equality and to protecting the rights of
institution wants to subvert the Constitution, minorities in the constitution of independent
others can check its transgressions. An India. Thus some basic values were accepted
intelligent system of checks and balances has by all leaders much before the Constituent
facilitated the success of the Indian Assembly met to deliberate on the
Constitution. Constitution.
Another important aspect of intelligent The familiarity with political institutions
institutional design is: that a constitution must of colonial rule also helped develop an
strike the right balance between certain values, agreement over the institutional design. The
norms and procedures as authoritative, and Indian constitution adopted many
at the same time allow enough flexibility in institutional details and procedures from
its operations to adapt to changing needs and colonial laws like the Government of India Act
circumstances. Too rigid a constitution is 1935. Years of thinking and deliberation on the’
Likely to break under the weight of change; a framework of the constitution had another
constitution that is, on the other hand, too benefit. Our leaders gained confidence to learn
flexible, will give no security, predictability or from other countries, but on our own terms.
identity to a people. Successful constitutions Many of our leaders were inspired by the
strike the right balance between preserving ideals of French Revolution, the practice of
core values and adapting them to new parliamentary democracy in Britain and the
§§§
PB GIST OF NCERT INDIAN POLITY
Bill of right in the US. The socialist revolution elected their own representatives by
in Russia had inspired many Indians to think the method of proportional
o shaping a system based on social and representation with single
economic equality. Yet they were not simply transferable vote
imitating what others had done. At each step • The method of selection in the case of
they were questioning whether these things
representatives of Princely States was
suited our country. All these factors
to be determined by consultation.
contributed to the making of our Constitution.
The drafting of the document called the Composition of the
constitution was done by an assembly of Constituent Assembly
elected representatives called the Constituent As a consequence of the Partition under
Assembly. Elections to the Constituent the plan of 3 June 1947 those members who
Assembly were held in July 1946. It held its were elected from territories which fell under
first sitting on 9 December 1946 and re- Pakistan ceased to be members of the
assembled as Constituent Assembly for Constituent Assembly. The numbers in the
divided Indian on 14 August 1947. Its Assembly were reduced to 299 of which 284
members were elected by indirect election by were actually present on 26 November 1949
the members of the Provisional Legislative and appended their signature to the
Assemblies that had been established in 1935. Constitution as finally passed. The
The Constituent Assembly was composed Constitution was thus framed against the
roughly along the lines suggested by the plan backdrop of the horrendous violence that the
proposed by the committee of the British Partition unleashed on the sub-continent. But
cabinet, known as the Cabinet Mission. it is a tribute to the fortitude of the framers
According to this plan: that they were not only able to draft a
• Each Province and each Princely State constitution under immense pressure, but also
or group of States were allotted seats learnt the right lessons from the unimaginable
proportional of their respective violence that accompanied Partition. The
population roughly in the ratio of Constitution was committed to a new
1:1.000000. As a result’ the Provinces conception of citizenship, where not only
(that were under direct British rule) would minorities be secure, but religious
were to elect 292 members while the identity would have no bearing on citizenship
Princely States were allotted a rights. But this account of the composition of
minimum of 93seats. the Constituent Assembly that drafted the
Constitution touches upon only the surface of
• The seats in each Province were
how our Constitution was made. Although,
distributed among the three main
the members of the Assembly were not elected
communities, Muslims, Sikhs and by universal suffrage, there was a serious
general, in proportion to their attempt to make the Assembly a representative
respective populations. body. Members of all religions are given
• Members of each community in the representation under the scheme described
Provisional Legislative Assembly above; in addition, the Assembly had twenty
§§§
WHY DO WE NEED ACONSTITUTION 7
six members from what then known as the be voters irrespective of religion, caste,
Scheduled Classes. In terms of the Congress education, gender or income). So, while the
dominated the Assembly occupying as many members felt no need at all to discuss the issue
as eighty-two per cent of the seats in the of who should have the right to vote, every
assembly after the Partition. The Congress other matter was seriously discussed and
itself was such a diverse party that it managed debated. Nothing can be a better testament to
to accommodate almost all shades of opinion the democratic commitment of this Assembly.
within it. 1. Jhaverbhai Vallabhai Patel (1875-
The Principle of Deliberation 1950) born: Gujarat. Minister of
Home, Information and Broadcasting
The authority of the Constituent in the Interim Government. Lawyer
Assembly does not come only from the fact and leader of Bardoli peasant
that it was broadly, though not perfectly, satyagraha. Played a decisive role in
representative. It comes from the procedures the integration of the Indian princely
it adopted to frame the Constitution and the states. Later: Deputy Prime Minister.
values its members brought to their 2. Abul Kalam Azad (1888-1958) born:
deliberations. While in any assembly that Saudi Arabia. Educationist, author
claims to be representative, it is desirable that and theologian; scholar of Arabic.
diverse sections of society participate, it is Congress leader, active in the national
equally important that they participate not movement. Opposed Muslim
only as representatives of their own identity separatist politics. Later Education
or community. Each member deliberated upon Minister in the first union cabinet.
the Constitution with the interests of the whole 3. T.T. Krishnamachari (1899-19741
nation in mind. There were often born: Tamil Nadu. Member Drafting
disagreements amongst members, but few of Committee. Entrepreneur and
these disagreements could be traced to Congress leader. Later: Finance
members protecting their own interests. Minister in the Union Cabinet.
There are legitimate differences of 4. Rajendra Prasad (1884-1963) born:
principle. And the differences were many: Bihar Chairman of the Constituent
should India adopt a centralised or Assembly. Lawyer, known for his role
decentralised system of government? What in the Champaran satyagraha. Three
should be the relations between the States and times the president of Congress. Later:
the centre? What should be the powers of the the first President of India.
judiciary? Should the Constitution protect 5. JaIpal Singh (1903-1970) born:
property rights? Almost every issue that lies Jharkhand a sportsman and
at the foundation of a modem state was educationist. Captain of the first
discussed with great sophistication. Only one national Hockey team. Founder
provision of the Constitution was passed President of Adivasi Maha Sabha.
without virtually any debate: the introduction Later: founder of Jharkhand Party.
of universal suffrage (meaning that all citizens 6. H. C. Mookherjee (1887-1956) born:
reaching a certain age, would be entitled to
Bengal. Vice— Chairman of the
§§§
PB GIST OF NCERT INDIAN POLITY
Assembly met for one hundred and sixty six Assembly is the Objectives Resolution (the
days, spread over two years and eleven resolution that defined the aims of the
months. Assembly) moved by Nehru in 1946. This
resolution encapsulated the aspirations and
Inheritance of the nationalist movement
values behind the constitution. Based on this
But no constitution is simply a product resolution our Constitution gave institutional
of the Assembly that produces it. An Assem- expression to the fundamental commitments:
bly as diverse as the Constituent Assembly of equality, liberty, democracy, sovereignty and
India could not have functioned if there was a cosmopolitan identity.
no background consensus on the main
Institutional arrangements
principles the Constitution should enshrine.
These principles were forged during the long The third factor ensuring effectiveness of
struggle for freedom. a constitution is a balanced arrangement of the
In a way, the Constituent Assembly was institutions of government. The basic principle
giving concrete shape and form to the princi- is that government must be democratic and
ples it had inherited from the nationalist committed to the welfare of the people.
movement. For decades preceding the prom- The Constituent Assembly spent a lot of
ulgation of the Constitution, the nationalist time on evolving the right balance among the
movement had debated many questions that various institutions like the executive, the
were relevant to the making of the constitu- legislature and the judiciary. This led to the
tion the shape and form of government India adoption of the parliamentary form aid the
should have, the values it should uphold, the federal arrangement, which would distribute
inequalities it should overcome. Answers governmental powers between the legislature
forged in those debates were given their final and the executive on the one hand and
form in the Constitution. Perhaps the best between the States and the central government
summary of the principles that the nationalist on the other hand.
movement brought to the Constituent
Provisions borrowed from constitutions of different countries
British United States Irish French Canadian
Constitution Constitution Constitution Constitution Constitution
First Past the Charter of Funda- Directive Principles of A quasi-
Post Parliamen- mental Rights, Principles of Liberty, Equ- federal form
tary Form of Power of Judicial State Policy ality and Fra- of government
Government The Review and inde- ternity (a federal
idea of the rule pendence of the system with-a
of law Institution judiciary strong central
of the speaker and government
his role Law The idea of
making procedure Residual
Powers
§§§
10 GIST OF NCERT INDIAN POLITY
2
Philosophy of The Constitution
Contents of The Chapter
§ WHAT IS THE POLITICAL PHILOSOPHY OF OUR CONSTITUTION? ............................... 12
§ PROCEDURAL ACHIEVEMENTS ......................................................................................... 16
between varying interpretations of the many democratic means to bring about social
core values in our polity. It is obvious that transformation. Moreover, for a hitherto
many of its ideals are challenged, discussed, colonised people, constitutions announce and
debated and contested in different political embody the first real exercise of political self-
arenas, in the legislatures. in party forums, in determination. Nehru understood both these
the press, in schools and universities. These points well. The demand for a Constituent
ideals are variously interpreted and Assembly. He claimed represented a collective
sometimes wilfully manipulated to suit demand for full self-determination because;
partisan short term interests. We must, only a Constituent Assembly of elected
therefore, examine whether or not a serious representatives of the Indian people had the
disjunction exists between the constitutional right to frame India’s constitution without
ideal and its expression in other arenas. external interference. Second, he argued, the
Sometimes, the same ideal is interpreted Constituent Assembly is not just a body of
differently by different institutions. We need people or a gathering of able lawyers. Rather,
to compare these differing interpretations. it is a ‘nation on the move, throwing away the
Since the expression of the ideal in the shell of its past political and possibly social
constitution has considerable authority it must structure, and fashioning for itself a new
be used to arbitrate in conflict of interpretation garment of its own making.’ The Indian
over values or ideals. Our Constitution can Constitution was designed to break the
perform this job of arbitration. shackles of traditional social hierarchies and
to usher in a new era of freedom, equality and
Constitution as
justice.
Means of Democratic Transformation
This approach had the potential of
It is widely agreed that one reason for changing the theory of constitutional
having constitutions is the need to restrict the democracy altogether: according to this
exercise of power. Modern states are approach, constitutions exist not only to limit
excessively powerful. They are believed to people in power but to empower those who
have a monopoly over force and coercion. traditionally have been deprived of it.
What if institutions of such states fall into Constitutions can give vulnerable people the
wrong hands who abuse this power? Even if power to achieve Collective good.
these institutions were created for our safety
Why do we need to go
and well-being, they can easily turn against
back to the Constituent Assembly?
us. Experience of state power the world over
shows that most states are prone to harming Why look backwards and bind ourselves
the interests of at least some individuals and to the past? That may be the job of a legal
groups. If so, we need to draw the rules of the historian — to go into the past and search for
game in such a way that this tendency of states the basis of legal and political ideas. But why
is continuously checked. Constitutions should students of politics be interested in
provide these basic rules and therefore, studying the intentions and Concerns of those
prevent states from turning tyrannical. who framed the Constitution? Why not take
Constitutions also provide peaceful, account of changed circumstances and define
§§§
12 GIST OF NCERT INDIAN POLITY
a new normative function of the Constitution? to the needs of religious and linguistic
In the context of America — where the minorities as well as historically
Constitution was written in the late 18th disadvantaged groups, and committed to
century— it is absurd to apply the values and building a common national identity. In short,
standards of that era to the 21st century. it is committed to freedom, equality, social
However, in India, the world of the original justice, and some form of national unity. But
framers and our present day world may not underneath all this, there is a clear emphasis
have changed so drastically. In terms of our on peaceful and democratic measures for
values, ideals and conception, we have not putting this philosophy into practice.
separated ourselves from the world of the Individual freedom
Constituent Assembly. A history of our
Constitution is still very much a history of the The first point to note about the
present. Constitution is its commitment to individual
Furthermore, we may have forgotten the freedom. This commitment did not emerge
real point underlying several of our legal and miraculously out of calm deliberations around
political practices, simply because somewhere a table. Rather, it was the product of
down the road we began to take them for continuous intellectual and political activity
granted. These reasons have now slipped into of well over a century. As early as the
the background, screened off from our beginning of the nineteenth century,
consciousness even though they still provide Rammohan Roy protested against curtailment
the organizational principle to current of the freedom of the press by the British
practices. colonial state. Roy argued that a state
responsive to the needs of individuals must
When the going is good, this forgetting
provide them the means by which their needs
is harmless. But when these practices are
are communicated. Therefore, the state must
challenged or threatened, neglect of the
permit unlimited liberty of publication.
underlying principles can be harmful. In short,
Likewise, Indians continued to demand a free
to get a handle on current constitutional
press throughout the British rule.
practice, to grasp their value and meaning, we
may have no option but to go back in time to It is not surprising therefore that freedom
the Constituent Assembly debates and of expression is an integral part of the Indian
perhaps even further back in time to the Constitution. So is the freedom from arbitrary
colonial era. Therefore, we need to remember arrest. After all, the infamous Rowlatt Act,
and keep revisiting the political philosophy which the national movement opposed so
underlying our Constitution. vehemently, sought to deny this basic
freedom. These and other individual freedoms
WHAT IS THE POLITICAL such as freedom of conscience are part of the
PHILOSOPHY OF OUR CONSTITUTION? liberal ideology. On this basis, we can say that
It is hard to describe this philosophy in the Indian Constitution has a pretty strong
one word. It resists any single label because it liberal character. In the chapter on
is liberal, democratic, egalitarian, secular, and fundamental rights we have already seen how
federal, open to community values, sensitive the Constitution values individual freedom,
§§§
PHILOSOPHY OF THE CONSTITUTION 13
It might be recalled that for over forty years they tend to have hierarchical relationships
before the adoption of the Constitution, every with one another (as in the case of caste).
single resolution, scheme, bill and report of Second, when these communities do see each
the Indian National Congress mentioned other as equals, they also tend to become rivals
individual rights, not just in passing but as a (as in the case of religious communities). This
nonnegotiable value. was a huge challenge for the makers of the
Constitution: how to make communities
Social Justice
liberal in their approach and foster a sense of
When we say that the Indian equal respect among them under existing
Constitution is liberal, we do not mean that it conditions of hierarchy or intense rivalry?
is liberal only in the classical western sense. It would have been very easy to resolve
In the book on Political Theory you will learn this problem by not recognising communities
more about the idea of liberalism. Classical at all, as most western liberal constitutions do.
liberalism always privileges rights of the But this would have been unworkable and
individuals over demands of social justice and undesirable in our country. This is not because
community ‘values. Indians are attached to communities more
The liberalism of the Indian Constitution than others. Individuals everywhere also
differs from this version in two ways. First, it belong to cultural communities and every
was always linked to social justice. The best such community has its own values,
example of this is the provision for traditions, customs and language shared by
reservations for Scheduled Castes and its members. For example, individuals in
Scheduled Tribes in the Constitution. The France or Germany belong to a linguistic
makers of the Constitution believed that the community and are deeply attached to it.
mere granting of the right to equality was not What makes us different is that we have more
enough to overcome age-old injustices open to acknowledged the value of
suffered by these groups or to give real communities. More importantly, India is a
meaning to their right to vote. Special land of multiple cultural communities. Unlike
constitutional measures were required to Germany or France we have several linguistic
advance their interests. Therefore the and religious communities. It was important
constitution makers provided a number of to ensure that no can community
special measures to protect the interests of systematically dominates others. This made
Scheduled Castes and Scheduled Tribes such it mandatory for our Constitution to recognise
as the reservation of seats in legislatures. The community basted rights.
Constitution also made it possible for the One such right is the right of religious
government to reserve public sector jobs for communities to establish and run their own
these groups. educational institutions. Such institutions may
Respect for diversity and minority rights receive money from the government. This
The Indian Constitution encourages equal provision shows that the Indian Constitution
respect between communities. This was not does not see religion merely as a private’
easy in our country, first because communities matter concerning the individual.
do not always have a relationship of equality;
§§§
14 GIST OF NCERT INDIAN POLITY
basic dignity and -self-respect. Such how much ahead India was
customs were so deeply rooted and compared to other nations. Can one
pervasive that without active state forget that affirmative action
intervention, there was no hope of programmes in the U.S. were begun
their dissolution. The state simply after the 1964 Civil Rights Movement,
had to interfere in the affairs of almost two decades after they were
religion. Such intervention was not constitutionally entrenched in India?
always negative. The state could also • Third against the background of
help religious communities by giving inter-communal strife, the
aid to educational institutions run by Constitution upholds its
them. Thus, the state may help or commitment to group rights (the
hinder religious communities right to the expression of cultural
depending on which mode of action particularity). This indicates that the
promotes values such as freedom and framers of the Constitution were
equality. In India separation between more than willing to face the
religion and state did not mean their challenges of what more than four
mutual exclusion but rather decades later has come to be known
principled distance, a rather complex as multiculturalism.
idea that allows the state to be distant
from all religions so that it can Universal franchise
intervene or abstain from Two other core features may also be
interference, depending upon which regarded as achievements. First, it is no mean
of these two would better promote achievement to commit oneself to universal
liberty, equality and social justice. We franchise, specially when there is widespread
have hitherto mentioned three core belief that traditional hierarchies in India are
features these can also be seen as the congealed and more or less impossible to
achievements of our Constitution. eliminate, and when the right to vote has only
• First, our Constitution reinforces and recently been extended to women and to the
reinvents forms of liberal working class in stable, Western democracies.
individualism. This is an important Once the idea of a nation took root
achievement because this is done in among the elite, the idea of democratic self
the backdrop of a society where government followed. Thus, Indian
community values are often nationalism always conceived of a political
indifferent or hostile to individual order based on the will of every single member
autonomy. of society. The idea of universal franchise lay
• Second, our Constitution upholds the securely within the heart of nationalism. As
principle of social justice without early as the Constitution of India Bill (1895),
compromising on individual the first non-official attempt at drafting a
liberties. The constitutional constitution for India the author declared that
commitment to caste-based every citizen i e anyone born in India had a
affirmative action programme shows right to take part in the affairs of the country
§§§
16 GIST OF NCERT INDIAN POLITY
and be admitted to public office. The Motilal provisions. According to the Indian
Nehru Report (1928) reaffirms this conception Constitution, then, there is nothing bad about
of citizenship, reiterating that every person of this differential treatment. Although the
either sex who has attained the age of twenty- Constitution did not originally envisage this,
one is entitled to vote for the house of India is now a multi-lingual federation. Each
Representatives or Parliament. Thus from very major linguistic group is politically recognised
early on, universal franchise was considered and all are treated as equals. Thus, the
as the most important and legitimate democratic and linguistic federalism of India
instrument by which the will of the nation was has managed to combine claims to unity with
to be properly expressed. claims to cultural recognition. A fairly robust
political arena exists that allows for the play
Federalism
of multiple identities that complement one
Second, by introducing the articles another.
concerning Jammu and Kashmir (Art. 370) and
National identity
the North-East (Art, 371), the Indian
Constitution anticipates the very, important Thus, the Constitution constantly
concept of asymmetric federalism. We have reinforces a common national identity. In the
seen in the chapter on federalism that the chapter on federalism, you have studied how
Constitution has created a strong central India strives to retain regional identities along
government. But despite this unitary bias of with the national identity. It is clear from what
the Indian Constitution, there are important is mentioned above that this common national
constitutionally embedded differences identity was not incompatible with distinct
between the legal status and prerogatives of religious or linguistic identities. The Indian
different sub-units within the same federation. Constitution tried to balance these various
Unlike the constitutional symmetry of identities. Yet, preference was given to
American federalism, Indian federalism has common identity under certain conditions.
been constitutionally asymmetric. To meet the This is clarified, in the debate over separate
specific needs and requirements of some sub- electorates based on religious identity which
units, it was always part of the original design the Constitution rejects.
to have a unique relationship with them or to Separate electorates were rejected not be-
give them special status. For example, the cause they fostered difference between
accession of Jammu and Kashmir to the Indian religious communities as such or because they
union was based on a commitment to endangered a simple notion of national unity
safeguard autonomy under Article 370 of the but because they endangered a healthy na-
Constitution. This is the only State that is tional life. Rather than forced unity, our Con-
governed by its own constitution. Similarly, stitution sought to evolve true fraternity, a goal
under Article 371A, the privilege of special dear to the heart of Dr. Ambedkar. As Sardar
status was also accorded to the North-Eastern Patel put it, the main objective was to evolve
State of Nagaland. This Article not only ‘one community’.
confers validity on preexisting laws within PROCEDURAL ACHIEVEMENTS
Nagaland, but also protects local. Many other
States too, are beneficiaries of such special All these five core features are what
§§§
PHILOSOPHY OF THE CONSTITUTION 17
might be called the substantive achievements Constitution reads like a poem on democracy.
of the Constitution. However, there were also It contains the philosophy on which the entire
some procedural achievements. Constitution has been built. It provides a
• First, the Indian Constitution reflects standard to examine and evaluate any law and
a faith in political deliberation. We action of government, to find out whether it
know that many groups and interests is good or bad. It is the soul of the Indian
were not adequately represented in Constitution.
the Constituent Assembly. But the WE, THE PEOPLE OF INDIA, having
debates in the Assembly amply show solemnly resolved to constitute India a
that the makers of the Constitution SOVEREIGN, SOCIALIST, SECULAR,
wanted to be as inclusive in their DEMOCARATIC REPUBLIC and to secure
approach as possible. This open- to all its citizens:
endedness indicates the willingness JUSTICE, social, economic and political;
of people to modify their existing LIBERTY of thought, expression, belief, faith
preferences, in short, to justify and worship;
outcomes by reference not to self- EQUALITY of status and of opportunity;
interest but to reasons. It also shows and to promote among them all
a willingness to recognise creative
FRATERNITY assuring the dignity of
value in difference and disagreement.
the individual and the unity and integrity of
• Second, it reflects a spirit of the nation; IN OUR CONSTITUTENT
compromise and accommodation. ASSEMBLY this twenty-sixth day of
These words, compromise and November, 1949, do HEREBY ADOPT,
accommodation, should not always ENACT AN? ?IVE TO OURSELVES THIS
be seen with disapproval. Not all CONSTITUTION.
compromises are bad.
WE, THE PEOPLE O’ INDIA
If something of value is traded off for • The constitution has been drawn up
mere self-interest, then we naturally have and enacted by the people through
compromised in the bad sense. However, if their representatives, and not handed
one value is partially traded off for another down to them by a king or any
value, especially in an open process of free outside powers.
deliberation among equals, then the
SOVEREIGN
compromise arrived in this manner can hardly
be objected to. • People have supreme right to make
decisions on internal as well as
We max’ lament that we could not have
external matters. No external power
everything but to secure a bit of all things
can dictate the government of India.
important cannot be morally blameworthy.
Besides, a commitment to the idea that SOCIALIST
decisions on the most important issues must • Wealth is generated socially and
be arrived at consenua1ly rather than by should be shared equally by society.
majority vote is equally morally Government should regulate the
commendable. The Preamble of the ownership of land and industry to
§§§
18 GIST OF NCERT INDIAN POLITY
§§§
PHILOSOPHY OF THE CONSTITUTION 19
3
Fundamental Rights in the Indian Constitution
explicitly clarifies that a policy like reservation arrest. If arrested, the person has the right to
will not be seen as a violation of right to defend himself by a lawyer of his choice. Also,
equality. If you see the spirit of the it is mandatory for the police to take that
Constitution, this is required for the fulfilment person to the nearest magistrate within 24
of the right to equality of opportunity. hours. The magistrate, who is not part of the
Article 16 (4): Nothing in this article shall police, will decide whether the arrest is
prevent the State from making any provision justified or not.
for the reservation of appointments or posts This right is not just confined to a
in favour of any backward class of citizens guarantee against taking away of an
which, in the opinion of the State, is not individual’s life but has wider application.
adequately represented in the services under Various judgments of Supreme Court have
the State. expanded the scope of this right. The Supreme
Court has ruled that this right also includes
RIGHT TO FREEDOM
right to live with human dignity, free from
Equality and freedom liberty, are the two exploitation. The court has held that right to
rights that are most essential to a democracy. shelter and livelihood is also included in the
It is not possible to think of the one without right to life because no person can live without
thinking of the other. Liberty means freedom the means of living, that is, the means of
of thought, expression and action. However livelihood.
it does not mean freedom to do anything that
Preventive detention
one desires or likes. If that were to be
permitted then a large number of people will Ordinarily, a person would be arrested
not be able to enjoy their freedom. Therefore, after he or she has reportedly committed some
freedoms are defined in such a manner that offence. However there are exceptions to this.
every person will enjoy her freedom without Sometimes a person can be arrested simply out
threatening freedom of others and without of an apprehension that he or she is likely to
endangering the law and order situation. engage in unlawful activity and imprisoned
Article 21: Protection of life and personal for some time without following the above
liberty—No person shall be deprived of his mentioned procedure. This is known as
life or personal liberty except according to preventive detention. It means that if the
government feels that a person can be a threat
procedure established by law.
to law and order or to the peace and security
Right to life and personal liberty of the nation, it can detain or arrest that person.
The foremost right among rights to This preventive detention can be extended
only for three months. After three months such
freedom is the right to life and personal liberty.
a case is brought before an advisory board for
No citizen can be denied his or her life except
review.
by procedure as laid down under the law.
Similarly no one can be denied his/her On the face of it, preventive detention
personal liberty. looks like an effective tool in the hands of the
government to deal with anti-social elements
That means no one can be arrested
or subversives. But this provision has often
without being told the grounds for such an
been misused by the government. Many
§§§
22 GIST OF NCERT INDIAN POLITY
people think that there must be greater ensure a fair trial in courts, the Constitution
safeguards in this law so that it may not be has provided three rights:
misused against people for reasons other than • no person would punished for the
that which are really justified. In fact, there is same offence more than once,
a clear tension between right to life and • no law shall declare any action as
personal liberty and the provision for illegal from a backdate, and
preventive detention. • no person shall be asked to give
Other freedoms: You can see that under evidence against himself or herself.
the right to freedom there are some other
rights as well. These rights however are not RIGHT AGAINST EXPLOITATION
absolute. Each of these is subject to restrictions In our country there are millions of
imposed by the government. people who are underprivileged and
For example right to freedom of speech deprived. They may be subjected to
and expression is subject to restrictions such exploitation by their fellow human beings.
as public order, peace and morality etc. One such form of exploitation in our country
Freedom to assemble too is to be exercised has been begar or forced labour without
peacefully and without arms. The government payment. Another closely related form of
may impose restrictions in certain areas exploitation is buying and selling of human
declaring the assembly of five or more persons beings and using them as slaves. Both of these
as unlawful. Such powers can be easily are prohibited under the Constitution. Forced
misused by the administration. The genuine labour was imposed by landlords, money
protest against an act or policy of government lenders and other wealthy persons in the past.
by the people may be denied permission. Some form of bonded labour still continues in
However, if the people are aware and vigilant the country, specially in brick kiln work. It has
in regard to their rights and choose to protest now been declared a crime and it is
against such acts of administration such punishable.
misuse becomes rare. In the Constituent The Constitution also forbids
Assembly itself, some members had expressed employment of children below the age of 14
their dissatisfaction about restrictions on years in dangerous jobs like factories and
rights. mines. With child labour being made illegal
Rights of accused and right to education becoming a
fundamental right for children, this right
Our Constitution ensures that persons against exploitation has become more
accused of various offences would also get meaningful.
sufficient protection. We often tend to believe
that anyone who is charged with some offence RIGHT TO FREEDOM OF RELIGION
is guilty. However, no one is guilty unless the According to our Constitution, everyone
court has found that person guilty of an enjoys the right to follow the religion of his or
offence. It is also necessary that a person her choice. This freedom is considered as a
accused of any crime should get adequate hallmark of democracy. Historically, there
opportunity to defend herself or himself. To were rulers and emperors in different parts of
§§§
FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION 23
the world who did not allow residents of their propagate one’s religion. This includes
countries to enjoy the right to freedom of persuading people to convert from one
religion. Persons following a religion different religion to another. However, some people
from that of the ruler were either persecuted resent conversions on the ground that these
or forced to convert to the official religion of are based on intimidation or inducement. The
the rulers. Therefore, democracy has always Consti-tution does not allow forcible
‘incorporated the freedom to follow the conversions. It only gives us the right to spread
religion of one’s choice as one of its basic information about our religion and thus attract
principle’. others to it.
Freedom of faith and worship Equality of all religions
In India, everyone is free to choose a Being a country which is home to several
religion and practice that religion. Freedom of religions, it is necessary that the government
religion also includes the freedom of must extend equal treatment to different
conscience. This means that a person may religions. Negatively, it means that govern-
choose any religion or may choose not to ment will not favour any particular religion.
follow any religion. Freedom of religion India does not have any official religion. We
includes the freedom to profess, follow and don’t have to belong to any particular religion
propagate any religion. Freedom of religion in order to be a prime minister or president or
is subject to certain limitations. The judge or any other public official. We have also
government can impose restrictions on the seen that under the right to equality, there is a
practice of freedom of religion in order to guarantee that government will not
protect public order, morality and health. This discriminate on the basis of religion in giving
means that the freedom of religion is not an employment. The institutions run by the state
unlimited right. The government can interfere will not preach any religion or give religious
in religious matters for rooting out certain education nor will they favour persons of any
social evils. For example in the past, the religion. The objective of these provisions is
government has taken steps banning practices to sustain and nurture the principle of
like sati, bigamy or human sacrifice. Such secularism.
restrictions cannot be opposed in the name of
CULTURAL AND EDUCATIONAL RIGHTS
interference in right to freedom of religion.
The limitations on the right to freedom When we talk of the Indian society, the
of religion always produce tensions between image of diversity comes before our minds.
followers of various religions and the India is not made up of a monolithic society.
government. When the government seeks to We are a society that has vast diversity. In such
restrict some activities of any religious group, a society that is full of diversity, there would
people of that religion feel that this is be social sections which are small in numbers
interference in their religion. compared to some other groups.
Freedom of religion becomes a matter of Our Constitution believes that diversity
political controversy for yet another reason. is our strength. Therefore, one of the
The Constitution has guaranteed the right to fundamental rights is the right of the
§§§
24 GIST OF NCERT INDIAN POLITY
minorities to maintain their culture. This • However, it must be noted that our
minority status is not dependent only upon Constitution does not make the
religion. Linguistic and cultural minorities are enjoyment of rights dependent or
also included in this provision. Minorities are conditional upon fulfilment of duties.
groups that have common language or in this sense, the inclusion of
religion and in a particular part of the country fundamental duties has not changed
or in the country as a whole, they are the status of our fundamental rights.
outnumbered by some other social section. Right to constitutional remedies is the
Such communities have a culture, language means through which this is to be achieved.
and a script of their own, and have the right Dr. Ambedkar considered the right to
to conserve and develop these. constitutional remedies as ‘heart and soul of
All minorities, religious or linguistic, can the constitution’, It is so because this right
set up their own educational institutions. By gives a citizen the right to approach a High
doing so, they can preserve and develop their Court or the Supreme Court to get any of the
own culture. The government will not, while fundamental rights restored in case of their
granting aid to educational institutions, violation. The Supreme Court and the High
discriminate against any educational Courts can issue orders and give directives to
institution on the basis that it is under the the government for the enforcement of rights.
management of minority community. The courts can issue various special
RIGHT TO CONSTITUTIONAL REMEDIES orders known as writs.
Habeas corpus: A writ of habeas corpus
One would agree that our Constitution means that the court orders that the arrested
contains a very impressive list of Fundamental person should be presented before it. It can
Rights. But merely writing down a list of rights also order to set free an arrested person if the
is not enough. There has to be a way through manner or grounds of arrest are not lawful or
which they could be realised in practice and satisfactory.
defended against any attack on these rights.
Mandamus: This writ is issued when the
Fundamental Duties of citizens court finds that a particular office holder is not
doing legal duty and thereby is infringing on
• In 1976, the 42nd amendment to the
the right of an individual.
Constitution was passed. Among
other things, this amendment Prohibition: This writ is issued by a
inserted a list of Fundamental Duties higher court (High Court or Supreme Court)
of Citizens. In all, ten duties were when a lower court has considered a case
enumerated. However, the going beyond its jurisdiction.
Constitution does not say anything Quo Warranto: If the court finds that a
about enforcing these duties. person is holding office but is not entitled to
• As citizens, we must abide by the hold that office, it issues the writ of quo
Constitution, defend our country, warranto and restricts that person from acting
promote harmony among all citizens, as an office holder.
protect the environment. Certiorari: Under this writ, the court
§§§
FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION 25
orders a lower court or another authority to responsible for implementing these directives.
transfer a matter pending before it to the So, a separate list of policy guidelines is
higher authority or court. included in the Constitution. The list of these
Apart from the judiciary, many other guidelines is called the Directive Principles of
mechanisms have been created in later years State Policy.
for the protection of rights. You may have DIRECTIVE PRINCIPLES
heard about the National Commission on
Minorities, the National Commission on Goals
Women, the National Commission on Welfare of the people; Social, economic
Scheduled Castes, etc. These institutions and political justice;
protect the rights of women, minorities or
Raising the standard of living; equitable
Dalits. Besides, the National Human Rights
distribution of resources;
Commission has also been established by law
to protect the fundamental and other kinds of promotion of international peace
rights. Policies
DIRECTIVE Uniform civil code; Prohibition of
PRINCIPLES OF STATE POLICY consumption of alcoholic liquor;
The makers of our Constitution knew Promotion of cottage industries;
that independent India was going to face Prevention of slaughter of useful cattle;
many challenges. Foremost among these was Promotion of village panchayats.
the challenge to bring about equality and well-
being of all citizens.
Non-justiciable rights
They also thought, that certain policy Adequate livelihood equal pay for equal
direction was required for handling these work (for men and women)
problems. At the same time, the Constitution Right against economic Exploitation.
did not want future governments to be bound Right to work;
by certain policy decisions. Therefore, some Right of children to free and compulsory
guidelines were incorporated in the education
Constitution but they were not made legally
enforceable: this means that if a government What do the Directive Principles
did not implement a particular guideline, we contain?
cannot go to the court asking the court to • The chapter on Directive Principles
instruct the government to implement that lists mainly three things:
policy. Thus, these guidelines are
• the goals and objectives that we as a
‘nonjusticiable’ i.e., parts of the Constitution
society should adopt;
that cannot be enforced by the judiciary Those
who framed our Constitution thought that the • certain rights that individuals should
moral force behind these guidelines would enjoy apart from the Fundamental
ensure that the government would take them Rights; and
seriously. Besides, they expected that the • certain policies that the government
people would also hold the governments should adopt.
§§§
26 GIST OF NCERT INDIAN POLITY
You may get some idea of the vision of that rights can be abridged for giving effect to
makers of our Constitution by looking at some Directive Principles. This argument assumed
of the Directive Principles shown below. that rights were a hindrance to welfare of the
The governments from time to time tried people. On the other hand, the court held the
to give effect to some Directive Principles of view that Fundamental Rights were so
State Policy. They passed several zamindari important and sacred that they cannot be
abolition bills, nationalised banks, enacted limited even for purposes of implementing
numerous factory laws, fixed minimum Directive Principles.
wages, cottage and small industries were
Right to Property
promoted and provisions for reservation for
the uplift of the scheduled castes and Behind the controversy about the
scheduled tribes were made. Such efforts to relationship between rights and directive
give effect to the Directive Principles include principles, there was one important reason: in
the right to education, formation of panchayati the Constitution, originally, there was a
raj institutions all over the country, partial fundamental right to ‘acquire, possess and
right to work under employment guarantee maintain’ property. But the Constitution made
programme and the mid-day meal scheme etc. it clear that property could be taken away by
RELATIONSHIP BETWEEN FUNDAMENTAL the government for public welfare. Since 1950,
RIGHTS AND DIRECTIVE PRINCIPLES government made many laws that limited this
right to property. This right was at the centre
It is possible to see both Fundamental of the long debate over the relationship
Rights and Directive Principles as comple- between rights and directive principles.
mentary to each other. Fundamental Rights Finally, in 1973, the Supreme Court gave a
restrain the government from doing certain decision that the right to property was not part
things while Directive Principles exhort the of the basic structure of the Constitution and
government to do certain things. Fundamental therefore, parliament had power to abridge
Rights mainly protect the rights of individuals this right by an amendment. In 1978, the 44th
while directive principles ensure the well- amendment to the Constitution removed the
being of the entire society. right to property from the list of Fundamental
However, at times, when government Rights and converted it into a simple legal
intends to implement Directive Principles of right under. article 300 A.
State Policy, it can come in conflict with the This generated another complicated
Fundamental Rights of the citizen. debate. This related to the amendment of the
However, keeping in mind the societal Constitution. The government was saying that
needs that are greater than the individual Parliament can amend any part of the
interests, the government amended the Constitution. The court was saying that
Constitution to give effect to the Directive Parliament cannot make an amendment that
Principles of State Policy. This led to a long violated Fundamental Rights. This
legal battle. controversy was settled by an important
The executive and the judiciary took decision of the Supreme Court in
different positions. The government claimed Kesavananda Bharati case. In this case, the
§§§
FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION 27
court said that there are certain basic features constitutional rights. Our Constitution
of the Constitution and these cannot be reflected this long tradition and listed the
changed by Parliament. fundamental rights. Since 1950, the judiciary
has functioned as an important protector of
Conclusion
rights. Judicial interpretations have expanded
In the writings of Jotirao Phuley (1827- the scope of rights in many respects. The
1890), a radical social reformer from government and administration of our
Maharashtra, we find one of the earliest country function within this overall
expressions of the view that rights include framework. Rights enforce limitations on the
both freedom and equality. During the functioning of the government and ensure
national movement, this idea of rights was democratic governance of the country.
further sharpened and expanded to
§§§
28 GIST OF NCERT INDIAN POLITY
4
Executive
Contents of Theadministration
Chapter is called the executive.
Executive is the branch of government
§ EXECUTIVE ........................................................................................................................... 28
§WHAT ARE THE DIFFERENT TYPES OF EXECUTIVE? responsible......................................................
for the implementation of laws29 an
§PARLIAMENTARY EXECUTIVE IN INDIA ........................................................................... 29
§ PRIME MINISTER AND COUNCIL OF MINISTERS ............................................................ 33
EXECUTIVE
In any organisation, some office holder
System based on the System based on
has to take decisions and implement those principles of collective
decisions. We call this activity administration
or management. But administration requires
Semi Presidential
body at the top that will take policy decisions Parliamentary
system
Presidential
or the big decisions and supervise and Head of the
system President is
government is
coordinate the routine administrative usually known Has the President Head of the
functioning. You may have heard about the Minister. as head of the state.
state. He is also
executives of bi companies, banks or industrial He is the leader
Has a prime the head of
of the majority
units. Every formal group has a body of those minister as head the Govern-
party in
who function as the chief administrators or the of the ment.
Legislature. government The President
executives of that organisation. Some office is usually
He is account- PM and his
holders decide the policies and rules and able to the directly
legislature. elected by the
regulations and then some office holders
The head of people.
implement those decisions in actual day to- the state
day functioning of the organisation. The word may be Constitutional
executive means a body of persons that look Monarch Monarchy Ceremonial
after the implementation of rules and Parlimentary
The executive branch is not just about Russia has a semi-presidential system where
presidents, prime ministers and ministers. It president is the head of state and prime
also extends to the administrative machinery minister, who is appointed by the president,
(civil servants). While the heads government is the head of government. Germany has a
and their ministers, saddled with the overall parliamentary system in which president is
responsibility of government policy, altogether the ceremonial head of state and the chancellor
known as the political executive, those is the head of government. In a presidential
responsible for day to day administration a system, the president is the Head of state as
called the permanent executive. well as head of Government. In this system
the office of president is very powerful, both
WHAT ARE THE DIFFERENT
TYPES OF EXECUTIVE? in theory and practice. Countries with such a
system include the United States, Brazil and
Every country may not have the same most nations in Latin America.
type of executive. You may have heard about In a parliamentary system, the prime
the President of the USA and the Queen of minister is the head of government. Most
England. But the powers and functions of the parliamentary systems have a president or a
President of the USA are very different from monarch who is the nominal Head of state. In
the powers of the President of India. Similarly, such a system, the role of president or monarch
the powers of the Queen of England are is primarily ceremonial and prime minister
different from the powers of the King of Nepal.
along with the cabinet wields effective power.
Both India and France have prime ministers, Countries with such system include Germany,
but their roles are different from each other.
Italy, Japan, United Kingdom as well as
To answer this question we will briefly Portugal. A semi-presidential system has both
outline the nature of executive existing in some a president and a prime minister but unlike
of these countries. The USA has a presidential the parliamentary system the president may
system and executive powers are in the hands possess significant day-to-day powers. In this
of the president. Canada has a parliamentary system, it is possible that sometimes the
democracy with constitutional m6narchy president and the prime minister may belong
where Queen Elizabeth II is the formal chief to the same party and at times they may
of state and the Prime Minister is the head of belong to two different parties and thus,
government. In France, both the president and would be opposed to each other. Countries
the prime minister a part of the semi with such a system include France, Russia, Sri
presidential system. Lanka, etc.
The president appoints the prime
PARLIAMENTARY EXECUTIVE IN INDIA
minister as well as the ministers but cannot
dismiss them as they are responsible to the When the Constitution of India was
parliament. Japan has a parliamentary system written, India already had some experience of
with the Emperor as the head of the state and running the parliamentary system under the
the prime minister as the head of government. Acts of 1919 and 1935. This experience had
Italy has a parliamentary system with the shown that in the parliamentary system, the
president as the formal head of state and the executive can be effectively controlled by the
prime minister as the head of government. representatives of the people. The makers of
§§§
30 GIST OF NCERT INDIAN POLITY
the Indian Constitution wanted to ensure that President. In reality, the President exercises
the government would be sensitive to public these powers through the Council of Ministers
expectations and would be responsible and headed by the Prime Minister. The President
accountable. The other alternative to the is elected for a period of five years. But there
parliamentary executive was the presidential is no direct election by the people for the office
form of government. But the presidential of President. The President is elected
executive puts much emphasis on the indirectly. This means that the president is
president as the chief executive and as source elected not by the ordinary citizens but by the
of all executive power. There is always the elected MLAs and MPs. This election takes
danger of personality cult in presidential place in accordance with the principle of
executive. The makers of the Indian proportional representation with single
Constitution wanted a government that would transferable vote.
have a strong executive branch, but at the same The President can be removed from office
time, enough safeguards should be there to only by Parliament by following the procedure
check against the personality cult. In the for impeachment. The only ground for
parliamentary form there are many impeachment is violation of the Constitution.
mechanisms that ensure that the executive will Do you know what the word shall means
be answerable to and controlled by the here? It indicates that the advice is binding on
legislature or people's representatives. So the the President. In view of the controversy about
Constitution adopted the parliamentary the scope of the President’s powers, a specific
system of executive for the governments both mention was made in the Constitution by an
at the national and State levels. amendment that the advice of the Council of
Power and position of President Ministers will be binding on the President. By
another amendment made later, it was
Article 74 (1): There shall be a Council of decided that the President can ask the Council
Ministers with the Prime Minister at the head
of Ministers to reconsider its advice but, has
to aid and advise the President who shall in
to accept the reconsidered advice of the
the exercise of his functions, act in accordance
Council of Ministers.
with such advice. Provided that the President
may require the Council of Ministers to We have already seen that President is
reconsider such advice and the President shall the formal head of the government. In this
act in accordance with the advice tendered formal sense, the President has wide ranging
after such reconsideration. executive, legislative, judicial and emergency
According to this system, there is a powers. In a parliamentary system, these
President who is the formal Head of the state powers are in reality used by the President
of India and the Prime Minister and the only on the advice of the Council of Ministers.
Council of Ministers, which run the The Prime Minister and the Council of
government at the national level. At the State Ministers have support of the majority in the
level, the executive comprises the Governor Lok Sabha and they are the real executive. In
and the Chief Minister and Council of most of the cases, the President has to follow
Ministers. The Constitution of India vests the the advice of the Council of Ministers.
executive power of the Union formally in the “We did not give him any real power but
§§§
EXECUTIVE 31
we have made his position one of authority President acts on his (or her) own discretion.
and dignity. The constitution wants to create When the President thinks that the advice has
neither a real executive nor a mere figurehead, certain flaws or legal lacunae, or that it is not
but a head that neither reigns nor governs; it in the best interests of the country, the
wants to create a great figurehead...” President can ask the Council to reconsider the
decision. Although, the Council can still send
Discretionary Powers of the President
back the same advice and the President would
The President has no discretionary then be - bound by that advice, such a request
power under any circumstances? This will be by the President to reconsider the decision,
an incorrect assessment. Constitutionally, the would naturally carry a lot of weight. So, this
President has a right to be informed of all is one way in which the president can act in
important matters and deliberations of the his own discretion.
Council of Ministers. The Prime Minister is Secondly, the President also has veto
obliged to furnish all the information that the power by which he can withhold or refuse to
President may call for. The President often give assent to Bills (other than Money Bill)
writes to the Prime Minister and expresses his passed by the Parliament. Every bill passed
views on matters confronting the country. by the Parliament goes to the President for his
President’s role in assent before it becomes a law. The President
Choosing the Prime Minister can send the bill back to the Parliament asking
it to reconsider the bill. This ‘veto’ power is
After 1977, party politics in India became limited because, if the Parliament passes the
more competitive and there have been many
same bill again and sends it back to the
instances when no party had clear majority in
President, then, the President has to give
the Lok Sabha. What does the President do in
assent to that bill. However, there is no
such situations? No politi-cal party or coalition
mention in the Constitution about the time
secured majority in the elections held in March
limit within which the President must send
1998. The BJP and its allies secured 251 seats,
21 short of a majority. President Narayanan the bill back for reconsideration. This means
adopted an elaborate procedure. He asked the that the President can just keep the bill
leader of the alliance, Atal Behari Vajpayee, pending with him without ally tin limit This
“to furnish documents in support of his claim gives the ‘President an informal power to use
from concerned political parties.” Not the veto in a very effective manner This is
stopping at this the President also advised sometimes referred to as ‘pocket veto’.
Vajpayee to secure a vote of confidence within We saw that there is no time limit on the
ten days of being sworn in. President for giving his assent to a bill. Do you
Besides this, there are at least three know that such a thing has already happened?
situations where the President can exercise the In 1986, the Parliament passed a bill known
powers using his or her own discretion. In the as Indian Post office (amendment) bill. This
first place, we have already noted that the bill was widely criticised by many for it sought
President can send back the advice given by to curtail the freedom of the press.
the Council of Ministers and ask the Council The then President, Gyani Zail Singh, did
to reconsider the decision. In doing this, the not, take any decision on this bill. After his
§§§
32 GIST OF NCERT INDIAN POLITY
term was over, the next President, the importance of the Chairman of the Rajya
Venkataraman sent the bill finally back to the Sabha and takes over the office of the President
Parliament for reconsideration. By that time, when there is a vacancy by reasons of death,
the government that brought the bill before resignation, removal by impeachment or
the Parliament had changed and a new otherwise. The Vice President only until a new
government was elected in 1989. This President is elected, B. D. Jatti acted as
government belonged to a different coalition President on the death of Fakhruddin Ali
and did not bring the bill back before the Ahmed until a new President was elected.
Parliament. Thus, Zail Singh’s decision to Since 1989 major political changes have
postpone giving assent to the bill effectively presidential office. In the four parliamentary
meant that the bill could never become a law! elections held from 1989 to 1998, no single
Then, the third kind of discretion arises party or coalition attained a majority in the
more out of political circumstances. Formally, Lok acts as the President Sabha. These
the President appoints the Prime Minister. situations demanded presidential intervention
Normally, in the parliamentary system, a either in order to constitute, governments or
leader who has the support of the majority in to grant a request for dissolution of Lok Sabha
the Lok Sabha would be appointed as Prime a Prime Minister who could not prove
Minister and the question of discretion would majority in the House. It may thus be said that
not arise. But imagine a situation when after presidential discretion is related to political
an election, no leader has a clear majority in conditions. There is greater scope for
the Lok Sabha. Imagine further that after presidential assertiveness when governments
attempts to forge alliances, two or three are not stable and coalitions occupy power.
leaders are claiming that they have the support For the most part, the President is a
of the majority in the house. Now, the formal power holder and a ceremonial head
President has to decide whom to appoint as of the - nation. You may wonder why then do
the Prime Minister. In such a situation, the we need a President? In a parliamentary
President has to use his own discretion in system, the Council of Ministers is dependent
judging who really may have the support of on the support of the majority in the
the majority or who can actually form and run legislature. This also means that the Council
the government. of Ministers may be removed at any time and
The Vice President of India a new Council of Ministers will have to be put
in place. Such a situation requires a Head of
The Vice President is elected for five the state who has a fixed term, who may be
years. His election method is similar to that of empowered to appoint the Prime Minister and
the President, the only difference is that who may symbolically represent the entire
members of State legislatures are not part of country. This is exactly the role of the President
the electoral college. The Vice President may in ordinary circumstances. Besides, when no
be removed from his office by a resolution of party has a clear majority, the President has
the Rajya Sabha passed by a majority and the additional responsibility of making a
agreed to by the Lok Sabha. The Vice President choice and appointing the Prime Minister to
acts as the ex-officio considerably increased run the government of the country.
§§§
EXECUTIVE 33
Size of the Council of Ministers majority in the Lok Sabha. Various political
parties have come together and formed a
Before the 91st Amendment Act (2003),
coalition that has majority in the House. In
the size of the Council of Minister was
such situations, a leader who is acceptable to
determined according to exigencies of time
most partners of the coalition becomes the
and requirements of the situation. But this led Prime Minister.
to very large size of the Council of Ministers.
Formally, a leader who has the support
Besides, when no party had a clear majority,
of the majority is appointed by the President
there was a temptation to win over the support
as Prime Minister. The Prime Minister then
of the members of the Parliament by giving
decides who will be the ministers in the
them ministerial positions as there was no
Council of Ministers. The Prime Minister
restriction on the number of the members of
allocates ranks and portfolios to the ministers.
the Council of Ministers. This was happening
Depending upon the seniority and political
in many States also. Therefore, an amendment
importance, the ministers are given the ranks
was made that the Council of Ministers shall
of cabinet minister, minister of State or deputy
not exceed 15 percent of total number of
minister. In the same manner, Chief Ministers
members of the House of People (or Assembly
of the States choose ministers from their own
the case of the States).
party or coalition. The Prime Minister and all
PRIME MINISTER AND the ministers have to be members of the
COUNCIL OF MINISTERS Parliament. If someone becomes a minister or
No discussion of government or politics Prime Minister without being an MP, such a
in India, would normally take place without person has to get elected to the Parliament
mentioning one office: the Prime Minister of within six months. But remember that the
India. The President exercises his powers only most important feature of parliamentary
on the advice of the Council of Ministers. The executive is that the executive is routinely
Council of Ministers is headed by the Prime under the control and supervision of the
Minister. Therefore, as head of the Council of legislature.
Ministers, the Prime Minister becomes the The Council of Ministers is collectively
most important functionary of the responsible to the Lok Sabha. This provision
government in our country. means that a Ministry which loses confidence
In the parliamentary form of executive, of the Lok Sabha is obliged to resign. The
it is essential that the Prime Minister has the principle indicates that the ministry is an
support of the majority in the Lok Sabha. This executive committee of the Parliament and it
support by the majority also makes the Prime collectively governs on behalf of the
Minister very powerful. The moment this Parliament. Collective responsibility is based
support of the majority is lost, the Prime Min- on the principle of the solidarity of the cabinet.
ister loses the office. For many years after It implies that a vote of no confidence even
independence, the Congress party had the against a single minister leads to the
majority in the Lok Sabha and its leader would resignation of the entire Council of Ministers.
become the Prime Minister. Since 1989, there It also indicates that if a minister does not
have been many occasions when no party had agree with a policy or decision of the cabinet,
§§§
34 GIST OF NCERT INDIAN POLITY
he or she must either accept the decision or not been the case when governments have
resign. It is binding o all ministers to pursue been led by coalitions of political parties. Since
or agree to a policy for which there is collective 1989, we have witnessed many coalition
responsibility. In India, the Prime Minister governments in India. Many of these
enjoys a pre-eminent place in the government. governments could not remain in power for
The Council of Ministers cannot exist without the full term of the Lok Sabha. They were
the Prime Minister. The Council comes into either removed or they resigned due to loss of
existence only after the Prime Minister has support of the majority. These developments
taken the oath of office. The death or have affected the working of the
resignation of the. Prime Minister parliamentary executive.
automatically brings about the dissolution of In the first place, these developments
the demise, dismissal or resignation of a have resulted in a growing discretionary role
minister only creates a ministerial vacancy. of the President in the selection of Prime
The Prime Minister acts as a link between the Ministers. Secondly, the coalitional nature of
Council of Ministers on the one hand and the Indian politics in this period has necessitated
President as well as the Parliament on the much more consultation between political
other. It is this role of the Prime Minister which partners, leading to erosion of prime
led Pt. Nehru to describe him as he linchpin ministerial authority. Thirdly, it has also
of Government’. It is also the constitutional brought restrictions on various prerogatives
obligation the Prime Minister to communicate of the Prime Minister like choosing the
to the President all decisions of the Council of ministers and deciding their ranks and
Ministers relating to the administration of the portfolios, Fourthly, even the policies and
affairs of the Union and proposals for programmes of the government cannot be
legislation. The Prime Minister is involved in decided by the Prime Minister alone. Political
all crucial decisions of the government and parties of different ideologies come together
decides on the policies of the government. both as pre-poll and post-poll allies to form a
Thus, the power wielded by the Prime government. Policies are framed after a lot of
negotiations and compromises among the
Minister flows from various sources: control
allies. In this entire process, the Prime Minister
over the Council of Ministers, leadership of
has to act more as a negotiator than as leader
the Lok Sabha, command over the
of the government. At the State level, a similar
bureaucratic machine, access to media,
parliamentary executive exists, though with
projection of personalities during elections,
some variations. The most important variation
projection as national leader during
is that there is a Governor of the State
international summitry as well as foreign
appointed by the President (on the advice of
visits. However, the power which the Prime
the central government). Though the Chief
Minister wields and actually puts into use
Minister, like the Prime Minister is the leader
depends upon the prevailing political of the majority party in the Assembly, the
conditions. The position of the Prime Minister Governor has more discretionary powers.
and Council of Ministers has been unassailable However, the main principles of
whenever a single political party has secured parliamentary system operate at the State level
majority in the Lok Sabha. However, this has too.
§§§
EXECUTIVE 35
5
Legislature
Contents of The Chapter
§ INTRODUCTION ................................................................................................................... 35
§ RAJYA SABHA ....................................................................................................................... 36
§ LOK SABHA ........................................................................................................................... 36
§ HOW DOES THE PARLIAMENT MAKE LAWS? .................................................................. 38
§ HOW DOES THE PARLIAMENT CONTROL THE EXECUTIVE? ........................................ 39
given the States the option of establi-shing In the U.S.A., every state has equal
either a unica-meral or bicameral legislature. representation in the Senate. This ensures
At present only five States have a bica-meral equality of all the states. But this also means
legislature? that a small state would have the same
Countries with large size and much di- representation as the larger states. The system
versity usually prefer to have two houses of of representation adopted for the Rajya Sabha
the national legislature to give representation is different from that in the USA. The number
to all sections in the society and to give of members to be elected from each State has
representation to all geographical regions or been fixed by the fourth schedule of the
parts of the country. A bicameral legislature Constitution. What would happen if we were
has one more advantage. A bicameral legisla- to follow the American system of equality of
ture makes it possible to have every decision representation in the Rajya Sabha? Uttar
reconsidered. Every decision taken by one Pradesh with a population of 17.18.29 lakhs
house goes to the other house for its decision. would get seats equal to that of Sikkim whose
This means that every bill and policy would population is only 5.71 lakhs. The framers of
be discussed twice. This ensures a double the Constitution wanted to prevent such
check on every matter. Even if one house takes discrepancy. States with larger population get
a decision in haste, that decision will come for more representatives than States with smaller
discussion in the other house and population get. Thus, a more populous State
reconsideration will be possible. like Uttar Pradesh sends 31 members to Rajya
RAJYA SABHA Sabha, while a smaller and less populous State
like Sikkim has one seat in the Rajya Sabha.
Each of the two Houses of the Parliament
has different bases of representation. The Members of the Rajya Sabha are elected
Rajya Sabha represents the States of India. It for a term of six years. They can get re-elected.
is an indirectly elected body. Residents of the All members of the Rajya Sabha complete their
State elect members to State Legislative terms at the same time. Every two years, one
Assembly. The elected members of State third members of the Rajya Sabha complete
Legislative Assembly in turn elect the their term and elections are held for those one
members of Rajya Sabha. We can imagine two third seats only. Thus, the Rajya Sabha is never
different principles of representation in the fully dissolved. Therefore, it is called the
second chamber. One way is to give equal permanent House of the Parliament. The
representation to all the parts of the country advantage of this arrangement is that even
irrespective of their size or population. We when the Lok Sabha is dissolved and elections
may call this as symmetrical representation. are yet to take place, the meeting of the Rajya
On the other hand, parts of the country may Sabha can be called and urgent business can
be given representation according to their be conducted.
population. This second method means that Apart from the elected members, Rajya
regions or parts having larger population Sabha also has twelve nominated members.
would have more representatives in the The President nominates these members.
second chamber than regions having less These nominations are made from among
population. those persons who have made their mark in
§§§
LEGISLATURE 37
the fields of literature, arts, social service, chance of being passed without the
science etc. support of the government.
LOK SABHA • Control Executive and ensuring its
accountability: Perhaps the most
The Lok Sabha and the State Legislative vital function of the Parliament is to
Assemblies are directly elected by the people. ensure that the executive does not
For the purpose of election, the entire country overstep its authority and remains
(State, in case of State Legislative Assembly) responsible to the people who have
is divided into territorial constituencies of elected them.
roughly equal population. One representative • Financial Function: Government is
is elected from each constituency through about spending a lot of money on
universal, adult suffrage where the value of various matters. Every Check your
vote of every individual would be equal to progress.
another. At present there are 543
• Do you think that composition of
constituencies. This number has not changed
Rajya Sabha has protected the
since 1971. The Lok Sabha is elected for a
position of States of India?
period of five years. This is the maximum. We
have seen in the chapter on the executive that • Should indirect election of Rajya
before the completion of five years, the Lok Sabha be replaced by direct elections?
Sabha can be dissolved if no party or coalition What would be its advantages and
can form the government or if the Prime disadvantages?
Minister advices the President to dissolve the • Since 1971 the number of seats in the
Lok Sabha and hold fresh elections. Apart from Lok Sabha has not increased. Do you
law making, the Parliament is engaged in think that it should be increased?
many other functions. Let us list the functions What should be the basis for this?
of the Parliament. Government raises resources through
• Legislative Functions: The taxation. However, in a democracy,
Parliament enacts legislations for the legislature controls taxation and the
country. Despite being the chief law way in which money is used by the
making body, the Parliament often government. If the Government of
merely approves legislations. The India proposes to introduce any new
actual task of drafting the bill is tax, it has to get the approval of the
performed by the bureaucracy under Lok Sabha. The Financial powers of
the supervision of the minister the Parliament, involve grant of
concerned. The substance and even resources to the government to
the timing of the bill are decided by implement its programmes. The
the Cabinet. No major bill is government has to give an account
introduced in the Parliament without to the Legislature about the money it
the approval of the Cabinet. Members has spent and resources that it wishes
other than ministers can also to raise. The legislature also ensures
introduce bills but these have no that the government does not
misspend or overspend. This is done
§§§
38 GIST OF NCERT INDIAN POLITY
through the budget and annual Houses. Look at the charts showing the
financial statements. powers of Lok Sabha and Rajya Sabha.
• Representation: Parliament repre- Special Powers of Rajya Sabha
sents the divergent views of members
from different regional, social, The Rajya Sabha is an institutional
economic, religious groups of mechanism to provide representation to the
different parts of the country. States. Its purpose is to protect the powers of
• Debating Function: The Parliament is the States. Therefore, any matter that affects
the highest forum of debate in the the States must be referred to it for its consent
country. There is no limitation on its and approval. Thus, if the Union Parliament
power of discussion. Members are wishes to remove a matter from the State list
free to speak on any matter without (over which only the State Legislature can
fear. This makes it possible for the make law) to either the Union List or
Parliament to analyse any or every Concurrent List in the interest of the nation,
issue that faces the nation. These the approval of the Rajya Sabha is necessary.
discussions constitute the heart of This provision adds to the strength of the Rajya
democratic decision making. Sabha. However, experience shows that the
members of the Rajya Sabha represent their
• Constituent Function: The
parties more than they represent their States.
Parliament has the power of
discussing and enacting changes to Powers exercised only by the Lok Sabha:
the Constitution. The constituent Then, there are powers that only the Lok Sabha
powers of both the houses are similar. exercises. The Rajya Sabha cannot initiate,
All constitutional amendments have reject or amend money bills. The Council of
to be approved by a special majority Ministers is responsible to the Lok Sabha and
of both Houses. not Rajya Sabha. Therefore, Rajya Sabha can
criticize the government but cannot remove
• Electoral functions: The Parliament
it. Can you explain why? The Rajya Sabha is
also performs some electoral
elected by the MLAs and not directly by the
functions. It elects the President and
people. Therefore, the Constitution stopped
Vice President of India.
short of giving certain powers to the Rajya
• Judicial functions: The judicial Sabha. In a democratic form as adopted by our
functions of the Parliament include
Constitution, the people are the final authority.
considering the proposals for
By this logic, the representatives, directly
removal of President, Vice-President
elected by the people, should have the crucial
and Judges of High Courts and
powers of removing a government and
Supreme Court.
controlling the finances.
Powers of Rajya Sabha In all other spheres, including passing of
We discussed above, the functions that non-money bills, constitutional amendments,
are performed by the Parliament in general. and impeaching the President and removing
However, in a bicameral legislature, there is the Vice President the powers of Lok Sabha
some difference between the powers of the two and Rajya Sabha are co-equal.
§§§
LEGISLATURE 39
HOW DOES THE behind the legislation, the task of drafting the
PARLIAMENT MAKE LAWS? legislation begins. The draft of any bill is
The basic function of any legislature is prepared by the concerned ministry. For
to make laws for its people. A definite instance a bill raising the marriageable age of
procedure is followed in the process of making girls from 18 to 21 will be prepared by the law
law. Some of the procedure of law making are ministry. The ministry of women and child
mentioned in the Constitution, while some welfare may also be involved in it. Within the
have evolved from conventions. Follow a bill Parliament, a bill may be introduced in the Lok
through the legislative process and you will Sabha or Rajya Sabha by a member of the
clearly see that the law making process is House (but often a minister responsible for the
technical and even tedious. subject introduces the bill). A money bill can
A bill is a draft of the proposed law. There be introduced only in Lok Sabha. Once passed
can be different types of bills. When a non- there, it is sent to the Rajya Sabha.
minister proposes a bill, it is called private A large part of the discussion on the bills
member’s Bill. A bill proposed by a minister takes place in the committees. The
is described as Government Bill. Let us now recommendation of the committee is then sent
see the different stages in the life of a bill. to the House. That is why committees are
Even before a bill is introduced in the referred to as miniature legislatures. This is
Parliament there may be a lot of debate on the the second stage in the law making process.
need for introducing such a bill. A political In the third and final stage, the bill is voted
party may pressurize the government to upon. If a non-money bill is passed by one
initiate a bill in order to fulfill its election House, it is sent to the other House where it
promises or to improve its chances of winning goes through exactly the same procedure.
forthcoming elections. Interest groups, media As you know, a bill has to be passed by
and citizens’ forums may also persuade the both Houses for enactment. If there is
government for a particular legislation. Law disagreement between the two Houses on the
making is thus not merely a legal procedure proposed bill, attempt is made to resolve it
but also a political course of action. The through Joint Session of Parliament. In the few
preparation of a bill itself involves many instances when joint sessions of the parliament
considerations such as resources required to were called to resolve a deadlock, the decision
implement the law, the support or opposition has always gone in favour of the Lok Sabha.
that the bill is likely to produce, the impact Article 109 Special procedure in respect
that the law may have on the electoral prospect of Money Bills.—(1) A Money Bill shall not be
of the ruling party etc. In the era of coalition introducted in the Council of States
politics especially, a bill proposed by the If it is money bill, the Rajya Sabha can
government has to be acceptable to all the either approve the bill or suggest changes but
partners of the coalition. Such practical cannot reject it. If it takes no action within 14
considerations can hardly be ignored. The days the bill is deemed to have been passed.
Cabinet considers all these before arriving at Amendments to the bill, suggested by Rajya
a decision to enact a law. Sabha, may or may not be accepted by the Lok
Once the Cabinet approves the policy Sabha. When a bill is passed by both Houses,
§§§
40 GIST OF NCERT INDIAN POLITY
government and in the process force executive misuse of funds on the basis of the report of
accountability. the Comptroller and Auditor General and
Approval and ratification of laws: Public Accounts committees. But the
Parliamentary control is also exercised legislative control is not only aimed at
through its power of ratification. A bill can financial propriety. The legislature is con-
become a law only with the approval of the cerned about the policies of the government
Parliament. A government that has the that are reflected in the budget. Through fi-
support of a disciplined majority may not find nancial control, the legislature controls the
it difficult to get the approval of the policy of the government.
Legislature. Such approvals however, cannot No Confidence Motion: The most
be taken for granted. They are the products of powerful weapon that enables the Parliament
intense bargaining and negotiations amongst to ensure executive accountability is the non-
the members of ruling party or coalition of confidence motion. As long as the government
parties and even government and opposition. has the support of its party or coalition of
If the government has majority in Lok Sabha parties that have a majority in the Lok Sabha,
but not in the Rajya Sabha, as has happened the power of the House to dismiss the
during the Janata Party rule in 1977 and government is fictional rather that real.
N.D.A. rule in 2000, the government will be However, after 1989, several governments
forced to make substantial concessions to gain have been forced to resign due to lack of
the approval of both the Houses. Many bills, confidence of the house. Each of these
such as the Lok Pal Bill have failed enactment, governments lost the confidence of the Lok
Prevention of Terrorism bill (2002) was rejected Sabha because they failed to retain the support
by the Rajya Sabha. of their coalition partners.
Financial control: As mentioned earlier, Thus, the Parliament can effectively con-
financial resources to implement the pro- trol the executive and ensure a more respon-
grammes of the government are granted sive government. It is however important for
through the budget. Preparation and presen- this purpose, that there is adequate time at the
tation of budget for the approval of the disposal of the House, the members are
legislature is constitutional obligation of the interested in discussion and participate effec-
government. This obligation allows the legis- tively and there is willingness to compromise
lature to exercise control over the purse strings amongst the government and the opposition.
of the government. The legislature may refuse In the two decades, there has been a gradual
to grant resources to the government. This decline in sessions of the Lok Sabha and State
seldom happens because the government Legislative Assemblies and time spent on
ordinarily enjoys support of the majority in debates. Moreover, the Houses of the
the parliamentary system. Nevertheless, Parliament have been plagued by absence of
before granting money the Lok Sabha can quorum, boycott of sessions by members of
discuss the reasons for which the government opposition which deprive the house the power
requires money. It can enquire into cases of to control the executive through discussion.
§§§
42 GIST OF NCERT INDIAN POLITY
6
Judiciary
Contents of The Chapter
§ INTRODUCTION ................................................................................................................... 42
§ APPOINTMENT OF JUDGES ................................................................................................. 43
§ ORIGINAL JURISDICTION ................................................................................................... 44
§ APPELLATE JURISDICTION ................................................................................................. 44
§ ADVISORY JURISDICTION ................................................................................................... 45
§ JUDICIARY AND RIGHTS ..................................................................................................... 45
§ JUDICIARY AND PARLIAMENT .......................................................................................... 46
matters of appointment the decision of the The Supreme Court of India is one of the
group of senior judges of the Supreme Court very powerful courts anywhere in the world.
carries greater weight. Thus, in matters of However, it functions within the limitations
appointment to the judiciary, the Supreme imposed by the Constitution. The functions
Court and the Council of Ministers play an and responsibilities of the Supreme Court are
important role. defined by the Constitution. The Supreme
Removal of Judges Court has specific jurisdiction or scope of
The removal of judges of the Supreme powers.
Court and the High Court’s is also extremely
difficult. A judge of the Supreme Court or High ORIGINAL JURISDICTION
Court can be removed only on the ground of Original jurisdiction means cases that can
proven misbehavior or incapacity. A motion be directly considered by the Supreme Court
containing the charges against the judge must without going to the lower courts before that.
be approved by special majority in both Cases involving federal relations go directly
Houses of the Parliament. Removal of a judge to the Supreme Court. The Original
is a very difficult procedure and unless there Jurisdiction of the Supreme Court establishes
is a general consensus among Members of the it as an umpire in all disputes regarding
Parliament, a judge cannot be removed. It federal matters. In any federal country, legal
should also be noted that while in making disputes are bound to arise between the Union
appointments, the executive plays a crucial and the States; and among the States
role; the legislature has the powers of removal. themselves. The power to resolve such cases
This has ensured both balance of power and is entrusted to the Supreme Court of India. It
independence of the judiciary. So far, only one is called original jurisdiction because the
case of removal of a judge of the Supreme Supreme Court alone has the power to deal
Court came up for consideration before the with such cases. Neither the High Court’s nor
Parliament. In that case, though the motion the lower courts can deal with such cases. In
got two-thirds majority, it did not have the this capacity, the Supreme Court not just settles
support of the majority of the total strength of disputes but also interprets the powers of
the House and therefore, the judge was not Union and State government as laid down in
removed. the Constitution.
moral turpitude by using public funds for involved in it. If the Court thinks that the law
private purposes and reckless disregard of or the Constitution has a different meaning
statutory rules” while serving as Chief Justice from what the lower courts understood, then
of Punjab and Haryana. Despite this strong the Supreme Court will change the ruling and
indictment, Ramaswamy survived the along with that also give new interpretation
of the provision involved.
parliamentary motion recommending
removal. The motion recommending his Article 137…… the Supreme Court shall
removal got the required two-third majority have power to review any judgment
among the members who were present and pronounced or order made by it. Article 144
voting, but the Congress party abstained from …….. All authorities, civil and judicial, in the
voting in the House. Therefore, the motion territory of India shall act in aid of the Supreme
could not get the support of one-half of the Court.
total strength of the House. The High Court’s too, have appellate
jurisdiction over the decisions given by courts
Writ Jurisdiction below them.
Any individual, whose fundamental ADVISORY JURISDICTION
right has been violated, can directly move the
Supreme Court for remedy. The Supreme In addition to original and appellate
Court can give special orders in the form of jurisdiction, the Supreme Court of India
writs. possesses advisory jurisdiction also. This
The High Courts can also issue writs, but means that the President of India can refer any
the persons whose rights are violated have the matter that is of public importance or that
choice of either approaching the High Court which involves interpretation of Constitution
or approaching the Supreme Court directly. to Supreme Court for advice. However, the
Through such writs, the Courts can give orders
Supreme Court is not bound to give advice
to the executive to act or not to act in a
on such matters and the President is not bound
particular way.
to accept such an advice.
APPELLATE JURISDICTION What then is the utility of the advisory
The Supreme Court is the highest court powers of the Supreme Court? The utility is
of appeal. A person can appeal to the Supreme two-fold. In the first place, it allows the
Court against the decisions of the High Court. government to seek legal opinion on a matter
However, High Court must certify that the of importance before taking action on it. This
case is fit for appeal, that is to say that it may prevent unnecessary litigations later.
involves a serious matter of interpretation of Secondly, in the light of the advice of the
law or Constitution. In addition, in criminal Supreme Court, the government can make
cases, if the lower court has sentenced a person suitable changes in its action or legislations.
to death then an appeal can be made to the
High Court or Supreme Court. Of course, the Read the articles quoted above. These
Supreme Court holds the powers to decide articles help us to understand the unified
whether to admit appeals even when appeal nature of our judiciary and the powers of the
is not allowed by the High Court. Appellate Supreme Court. Decisions made by the
jurisdiction means that the Supreme Court will Supreme Court are binding on all other courts
reconsider the case and the legal issues within the territory of India. Orders passed
§§§
46 GIST OF NCERT INDIAN POLITY
by it are enforceable throughout the length and Supreme Court the power of judicial review.
breadth of the country. The Supreme Court Besides, as we saw in the section on
itself is not bound by its decision and can at jurisdiction of the Supreme Court, in the case
any time review it. Besides, if there is a case of of federal relations too, the Supreme Court can
contempt of the Supreme Court, then the use the review powers if a law is inconsistent
Supreme Court itself decides such a case. with the distribution of powers laid down by
the Constitution. Suppose, the central
JUDICIARY AND RIGHTS government makes a law which according to
some States, concerns a subject from the State
The judiciary is entrusted with the task list. Then the States can go to the Supreme
of protecting rights of individuals. The Court and if the court agrees with them, it
Constitution provides two ways in which the would declare that the law is unconstitutional.
Supreme Court can remedy the violation of
In this sense, the review power of the Supreme
rights.
Court includes power to review legislations
• First it can restore fundamental rights on the ground that they violate fundamental
by issuing writs of Habeas Corpus; rights or on the ground that they violate the
mandamus etc. (article 32). The High federal distribution of powers. The review
Courts also have the power to issue power extends to the laws passed by State
such writs (articles 226). legislations also. Together, the writ powers and
• Secondly, the Supreme Court can the review power of the Court make judiciary
declare the concerned law as very powerful. In particular, the review power
unconsti-tutional and therefore non- means that the judiciary can interpret the
operational (article 13). Constitution and the laws passed by the
Together these two provisions of the legislature. Many people think that this feature
Constitution establish the Supreme Court as enables the judiciary to protect the
the protector of fundamental rights of the Constitution effectively and also to protect the
citizen on the one hand and interpreter of rights of citizens. The practice of entertaining
Constitution on the other. The second of the PILS has further added to the powers of the
two ways mentioned above involves judicial judiciary in protecting rights of citizens.
review. Right against exploitation? This right
Perhaps the most important power of the prohibits forced labour, trade in human flesh
Supreme Court is the power of judicial review. and prohibits employment of children in
Judicial Review means the power of the hazardous jobs. But the question is: how could
Supreme Court (or High Courts) to examine those, whose rights were violated, approach
the constitutionality of any law if the Court the court? PIL and judicial activism made it
arrives at the conclusion that the law is possible for courts to consider these violations.
inconsistent with the provisions of the Thus, the court considered a whole set of cases:
Constitution, such a law is declared as
the blinding of the jail inmates by the police,
unconstitutional and inapplicable. The term
inhuman working conditions in stone
judicial review is nowhere mentioned in the
quarries, sexual exploitation of children, and
Constitution. However, the fact that India has
a written constitution and the Supreme Court so on. This trend has made rights really
can strike down a law that goes against meaningful for the poor and disadvantaged
fundamental rights, implicitly gives the sections.
§§§
JUDICIARY 47
to interpret the Constitution. This ruling has These issues indicate how delicate the
changed the nature of conflicts between the balance between any two organs of the
legislature and the judiciary. The right to government is and how important it is for each
property was taken away from the list of organ of the government in a democracy to
fundamental rights in 1979 and this also
respect the authority of others.
helped in changing the nature of the
relationship between these two organs of Conclusion
government.
We have studied the role of the judiciary
Some issues still remain a bone of
contention between the two- can the judiciary in our democratic structure. In spite of the
intervene in and regulate the functioning of tensions that arose from time to time between
the legislatures? In the parliamentary system, the judiciary and the executive and the
the legislature has the power to govern itself legislature, the prestige of the judiciary has
and regulate the behavior of its members. increased considerably. At the same time, there
Thus, the legislature can punish a person who are many more expectations from the judiciary.
the legislature holds guilty of breaching Ordinary citizens also wonder how it is
privileges of the legislature. Can a person who possible for many people to get easy acquittals
is held guilty for breach of parliamentary and how witnesses change their testimonies
privileges seek protection of the courts? Can
to suit the wealthy and the mighty. These are
a member of the legislature against whom the
legislature has taken disciplinary action get some issues about which our judiciary is
protection from the court? These issues are concerned too. The Judiciary in India is a very
unresolved and are matters of potential powerful institution. This power has
conflict between the two. Similarly, the generated much awe and many hopes from
Constitution provides that the conduct of it. Judiciary in India is also known for its
judges cannot be discussed in the Parliament. independence. Through various decisions, the
There have been several instances where the judiciary has given new interpretations to the
Parliament and State legislature have cast Constitution and protected the rights of
aspersions on the functioning of the judiciary. citizens. As we saw in this chapter, democracy
Similarly, the judiciary too has criticized the
hinges on the delicate balance of power
legislatures and issued instructions to the
legislatures about the conduct of legislative between the judiciary and the Parliament and
business. The legislature see this as violating both institutions have to function within the
the principle of parliamentary sovereignty. limitations set by the Constitution.
§§§
JUDICIARY 49
7
Local Governments
Contents of The Chapter
§ INTRODUCTION ................................................................................................................... 49
§ IMPLEMENTATION OF 73RD AND 74TH AMENDMENTS ................................................. 54
time, these village bodies took the shape of Therefore, for our leaders, independence
Panchayats (an assembly of five persons) and meant an assurance that there will be
these Panchayats resolved issues at the village decentralization of decision making, executive
level. Their role and functions kept on and administrative powers.
changing at different points of time. When the Constitution was prepared, the
In modern times, elected local govern- subject of local government was assigned to
ment bodies were created after 1882. Lord the States. It was also mentioned in the
Rippon, who was the Viceroy of India at that Directive Principles as one of the policy
time, took the initiative in creating these bod- directives to all governments in the country.
ies. They were called the local boards. How- Being a part of the Directive Principles of State
ever, due to slow progress in this regard, the Policy, this provision of the Constitution was
Indian National Congress urged the govern- non-justifiable and primarily advisory in its
ment to take necessary steps to make all local nature.
bodies more effective. Following the Govern- It is felt that the subject of local
ment of India Act 1919, village panchayats
government including panchayats did not
were established in a number of provinces.
receive adequate importance in the
This trend continued after the Government of
Constitution. A few reasons can be advanced
India Act of 1935.
here. Firstly, the turmoil due to the Partition
The independence of India should mean
resulted in a strong unitary inclination in the
the independence of the whole of India…
Constitution. Nehru himself looked upon
Independence must begin at the bottom. Thus
extreme localism as a threat to unity and
every village will be a republic… It follows
integration of the nation. Secondly, there was
therefore that every village has to be self-
a powerful voice in the Constituent Assembly
sustained and capable of managing its affairs.
In this structure composed of innumerable led by Dr. B. R. Ambedkar which felt that the
villages, there will be ever widening, ever- faction and caste-ridden nature of rural society
ascending circles. Life will be a pyramid with would defeat the noble purpose of local
the apex sustained by the bottom- Mahatma government at the rural level.
Gandhi. However, nobody denied the importance
During India’s freedom movement, of people’s participation in development
Mahatma Gandhi had strongly pleaded for planning. Many members of the Constituent
decentralization of economic and political Assembly wanted Village Panchayats to be the
power. He believed that strengthening village basis of democracy in India but they were
panchayats was a means of effective concerned about factionalism and many other
decentralization. All development initiatives ills present in the villages.
must have local involvement in order to be Local Governments in Independent India
successful. Panchayats therefore were looked
Local governments got a fillip after the
upon as instruments of decentralization and
73rd and 74th Constitution Amendment Acts.
participatory democracy. Our national
But even before that, some efforts in the
movement was concerned about the
direction of developing local government
enormous concentration of powers in the
bodies had already taken place. First in the
hands of the Governor General sitting at Delhi.
§§§
LOCAL GOVERNMENTS 51
body need not be constituted in smaller States. Scheduled Tribes and backward castes. This
At the apex is the Zilla Panchayat covering the means that a seat may be reserved
entire rural area of the District. simultaneously for a women candidate and
The amendment also made a provision one belonging to the Scheduled Castes or
for the mandatory creation of the Gram Sabha. Scheduled Tribes. Thus, a Sarpanch would
The Gram Sabha would comprise of all the have to be a Dalit woman or an Adivasi
adult members registred as voters in the woman.
Panchayat area. Its role and functions are Subjects listed in the eleventh schedule
decided by State registration.
1. Agriculture, …
Elections
3. Minor irrigation, water management
All the three levels of Panchayat Raj and watershed development.
institutions are elected directly by the people. ….
The term of each Panchayat body is live years. 8. Small scale industries, including food
If the State government dissolves the processing industries.
Panchayat before the end of its five year term,
….
fresh elections must be held within six months
of such dissolution. This is an important 10. Rural housing.
provision that ensures the existence of elected 11. Rural housing.
local bodies. Before the 73rd amendment, in 11. Drinking water.
many States, there used to be indirect elections ….
to the district bodies and there was no 13. Roads, culverts,…
provision for immediate elections after
14. Rural electrification,…
dissolution.
….
Reservations 16. Poverty alleviation programme.
One third of the position in all panchayat 17. Education, including primary and
institutions are reserved for women. secondary schools.
Reservations for Scheduled Castes and 18. Technical training and vocational
Scheduled Tribes are also provided for at all education.
the three levels, in proportion to their 19. Adult and non-formal education.
population. If the States find it necessary, they
20. Libraries.
can also provide for reservations for the
backward castes (OBCs). 21. Cultural activities.
It is important to note that these 22. Markets and fairs.
reservations apply not merely to ordinary 23. Health and sanitation, including
members in Panchayat but also to the positions hospitals, primary health centres and
of Chairpersons or ‘Adhyakshas’ at all the dispensaries.
three levels. Further, reservation of one-third 24. Family welfare.
of the seats for women s not merely in the 25. Women and child development
general category of seats but also within the 26. Social welfare,…
seats reserved for Scheduled Castes,
§§§
LOCAL GOVERNMENTS 53
27. Welfare of the weaker sections, and would be responsible for conducting elections
in particular, of the Scheduled Castes to the Panchayati Raj institutions. Earlier, this
and the Scheduled Tribes. task was performed by the State
28. Public distribution system. administration which was under the control
of the State government. Now, the office of the
Transfer of Subjects State Election Commissioner is autonomous
Twenty-nine subjects, which were earlier like the Election Commissioner of India.
in the State list of subjects, are identified and However, the State Election Commissioner is
listed in the Eleventh Scheduled of the an independent officer and is not linked to nor
Constitution. These subjects are to be is this officer under the control of the Election
transferred to the Panchayat Raj institutions. Commissioner of India.
These subjects were mostly linked to State Finance Commission
development and welfare functions at the local
level. The actual transfer of these functions The State government is also required to
depends upon the State legislation. Each State appoint a State Finance Commission once in
decides how many of these twenty-nine five years. This Commission would examine
subjects would be transferred to the local the financial position of the local government
bodies. in the State. It would also review the
The provisions of the 73rd amendment distribution of revenues between the State and
were not made applicable to the areas local governments on the one hand and
inhabited by the Adivasi populations in many between rural and urban local governments
states of India. In 1996 a separate act was on the other. This innovation ensures that
passed extending the provisions of the allocation of funds to the rural local
Panchayat system to these areas. Many governments will not be a political matter.
Adivasi communities have their traditional 74th Amendment
customs of managing common resources such
as forests and small water reservoirs, etc. 74th amendment dealt with urban local
Therefore, the new act protects the rights of bodies or Nagarpalikas.
these communities to marriage their resources What is an urban area? It is very easy to
in ways acceptable to them. For the purpose, identify a big city like Mumbai or Kolkata, but
more powers are given to the Gram Sabhas of it is not so easy to say this about some very
these areas and elected village panchayats small urban areas that are somewhere between
have to get the consent of the Gram Sabha in a village and a town. The Census of India
many respects. The idea behind act is that local defines an urban area as having: (i) a minimum
traditions of self government should be population of 5000; (ii) at least 75 per cent of
protected while introducing modern elected male working population engaged in non-
bodies. This is only consistent with the spirit agricultural occupations and (iii) a density of
of diversity and decentralization. population of at least 400 persons per sq. km.
As per the 2001 census, nearly 28% of India’s
State Election Commissioners
population lives in urban areas.
The State government is required to In many ways the 74th amendment is a
appoint a State Election Commissioner who repetition of the 73rd amendment, except that
§§§
54 GIST OF NCERT INDIAN POLITY
it applies to urban areas. All the provisions of Panchayati Raj and Nagarpalika institutions
the 73rd amendment relating to direct across the country. The presence of these local
elections, reservations, transfer of subjects, institutions is by itself a significant
State Election Commission and State Finance achievement and would create an atmosphere
Commission are incorporated in the 74th and platform for people’s participation in
amendment also and thus apply to government.
Nagarpalikas. The Constitution also Local bodies have very little funds of
mandated the transfer of a list of functions their own. The dependence of local bodies on
from the State Government to the urban local the State and central governments for financial
bodies. These functions have been listed in the support has greatly eroded their capacity to
Eleventh Schedule of the Constitution. operate effectively. While rural-local bodies
IMPLEMENTATION OF 73RD raise 0.24% of the total revenues collected, they
AND 74TH AMENDMENTS account for 4% of the total expenditure made
by the government. So they earn much less
All States have now passed a legislation than they spend. That makes them dependent
to implement the provisions of the 73rd and on those who give them grants.
74th amendments. During the ten years since
these amendments came into force (1994-2004) Conclusion
most States have had at least two rounds of This experience suggests that local
elections to the local bodies. States like governments continue to be agencies imple-
Madhya Pradesh, Rajasthan and a few others menting the welfare and development
have in fact held three elections so far. schemes of the central and State government.
Today there are nearly 500 Zilla Giving more power to local government
Panchayats, about 6,000 block or intermediary means-that we should be prepared for real
Panchayats, and 2,50,000 Gram Panchayats in decentra-lization of power. Ultimately,
rural India and over 100 city Corporations, democracy means that power should be
1400 town Municipalities and over 2000 Nagar shared by the people; people in the villages
Panchayats in urban India. More than 32 lakh and urban localities must have the power to
members are elected to these bodies every five decide what policies and programmes they
years. Of these, at least 10 lakhs are women. want to adopt. Democracy means
In the State Assemblies and Parliament put decentralization of power and giving more
together we have less than 5000 elected and more power to the people. The laws about
representatives. With local bodes, the number local governments are an important step in the
of elected representatives has increased direction of democratization. But the true of
significantly. democracy is not merely in the legal
The 73rd and 74th amendments have provisions but n the practice of those
created uniformity in the structures of provisions.
§§§
WHY DO WE NEED ACONSTITUTION 55
8
Elections and Democracy
Contents of The Chapter
§ RESERVATION OF CONSTITUENCIES ................................................................................ 58
§ FREE AND FAIR ELECTIONS ............................................................................................... 59
§ ELECTORAL REFORMS ........................................................................................................ 62
All citizens cannot take direct part in country. The method followed to choose these
making every decision. Therefore, represen- representatives is referred to as an election.
tatives are elected by the people. This is how Thus, the citizens have a limited role in taking
elections become important. Whenever we major decisions and in running the
think of India as a democracy, our mind administration. They are not very actively
invariably turns to the last elections. Elections involved in making of the policies. Citizens
have today become the most visible symbol are involved only indirectly, through their
of the democratic process. We often elected representatives. In this arrangement,
distinguish between direct and indirect where all major decisions are taken by elected
democracy. representatives, the method by which people
A direct democracy is one where the elect their representatives becomes very
citizens directly participate in the day-to-day important.
decision making and in the running of the Election system in India: To Understand
government. The ancient city-states in Greece it better, let us look one dramatic instance.
were considered examples of direct In the Lok Sabha elections of 1984, the
democracy. Congress party came to power winning 415
Many would consider local of the 543 Lok Sabha seats — more than 80%
governments, especially gram sabhas, to be of the seats. Such a victory was never achieved
closest examples of direct democracy. But this by any party in the Lok Sabha. What did this
kind of direct democracy cannot be practiced election show?
when a decision has to be taken by lakhs and The Congress party won four-fifths of the
crores or people. That is why rule by the seats. Does it mean that four out of five Indian
people usually means rule by people's voters voted for the Congress party? Actually
representatives. not. Take a look at the enclosed table. The
In such an arrangement citizens choose Congress party got 48% of the votes. This
their representatives who, in turn, are actively means that only 48% of those who voted,
involved in governing and administering the voted in favour of the candidates put up by
§§§
56 GIST OF NCERT INDIAN POLITY
the Congress party, but the party still managed the Constitution.
to win more than 80% of the seats in the Lok Example: The Congress party won
Sabha. Lqok at the performance of other greater share of seats than its share of votes
parties. The BJP got 7.4 per ç.ent votes but less because in many of the constituencies in which
than one per cent seats. How did that happen? its candidates won, they secured less than 50%
This happened because in our country we of the votes. If there are several candidates,
follow a special method of elections. Under the winning candidate often gets much less
this system: than 50% of the votes. The votes that go to all
• The entire country is divided into 543 the losing candidates go ‘waste’, for those
constituencies; candidates or parties get no seat from those
• Each constituency elects one votes. Suppose a party gets only 25 per cent
of the votes in every constituency, but
representative; and
everyone else gets even less votes. In that case,
Votes and seats won by some major parties the party could win all the seats with only 25
in Lok Sabha Election of 1984 per cent votes or even less.
Party Votes (%) Seats Proportional Representation
Congress 48.0 415 In Israel once the votes are counted, each
BJP 7.4 2 party is allotted the share of seats in the
Janata 6.7 10 parliament in proportion to its share of votes.
Lok Dal 5.7 3 Each party fills its quota of seats by picking
those many of its nominees from a preference
CPI (M) 5.7 22
list that has been declared before the elections.
Telugu Desam 4.1 30 This system of elections is called the Propor-
DMK 2.3 2 tional Representation (PR) system. In this
AIADMK 1.0 7 system a party gets the same proportion of
Akali Dal 1.0 7 seats as its proportion of votes.
AGP 1.0 7 In the PR system there could be two
variations. In some countries, like Israel or the
• The candidate who secures the entire country is treated as one constituency
highest number of votes in that and seats are allocated to each party according
constituency is declared elected. to its share of votes in the national election.
The other method is when the country is
It is important to note that in this system
divided into several multi-member constitu-
whoever has more votes than all other
encies as in Argentina and Portugal. Each
candidates, is declared elected. The winning
party prepares a list of candidates for each
candidate need not secure a majority. of the
constituency, depending on how many he to
votes. This method is called the First Past the
be elected from that constituency. In both these
Post (FPTP) system In the electoral race, the
variations, voters exercise their preference for
candidate who is ahead of others, who crosses
a party and not a candidate. The seats in a
the winning post first of all, is the winner. This
constituency are distributed on the basis of
method is also called the Plurality System.
votes polled by a party. Thus, representatives
This is the method of election prescribed by
from a constituency, would and do belong to
§§§
ELECTIONS AND DEMOCRACY 57
different parties. In India, we have adopted Why did India adopt the First system?
PR system on a limited scale for indirect
The answer is not very difficult to guess.
elections. The Constitution prescribes a third
If you have carefully read the box explaining
and complex variation of the PR system for
the Rajya Sabha elections, you would have
the election of President, Vice President, and
for the election to the Rajya Sabha and Vidhan noticed that it is a complicated system which
Parishads. may work in a small country, but would be
difficult to work in a sub-continental country
How does like India. The reason for the popularity and
PR work in Rajya Sabha elections success of the FPTP system is its simplicity.
A third variant of PR, the Single The entire election system is extremely simple
Transferable Vote System (STV) is followed for to understand even for common voters who
Rajya Sabha elections. Every State has a may have no specialized knowledge about
specific quota of seats in the Rajya Sabha. The politics and elections. There is also a clear
members are elected by the respective State choice presented to the voters at the time of
legislative assemblies. The voters are the elections.
MLAs in that State. Every voter is red to rank Voters have to simply endorse a
candidates according to her or his preference. candidate or a party while voting. Depending
To be declared the winner, a candidate must on the nature of actual politics, voters may
secure a minimum quota of votes, which is either give greater importance to the party or
determined by a formula: to the candidate or balance the two. The FPTP
system offers voters a choice not simply
Total Votes polled
between parties but specific candidates. In
_________________________________ +1 other electoral systems, especially PR systems,
Total number of candidates to be elected voters are often asked to choose a party and
+1 the representatives are elected on the basis of
For example if 4 Rajya Sabha members party lists, As a result, there is no one
have to be elected by the 200 MLAs in representative who represents and is
Rajasthan, the winner would require (200/ responsible for one locality. In constituency
4+1=40+1) 41 votes. When the votes are based system like the FPTP, the voters know
counted it is done on the basis of first who their own representative is and can hold
preference votes secured by each candidate, him or her countable.
of which the candidate has secured the first More importantly, the makers of our
preference votes. If after the counting of all Constitution also felt that PR based election
first preference votes, required number of may not be suitable for giving a stable
candidates fail to fulfil the quota, the candidate government in a parliamentary system. This
who secured the lowest votes of first system requires that the executive has majority
preference is eliminated and his / her votes in the legislature. You will notice that the PR
are transferred to those who are mentioned as system may not produce a clear majority
second preference on those ballot papers. This because seats in the legislature would be
process continues till the required number of divided on the basis of share of votes. The
candidates are declared elected. FPTP system generally gives the largest party
§§§
58 GIST OF NCERT INDIAN POLITY
Scheduled Tribes. This provision was made Of late there has been a strong demand seeking
initially for a period of 10 years and as a result reservation of seats in the Lok Sabha and State
of successive constitutional amendments, has Assemblies for women. Given the fact that
been extended up to 2010. The Parliament can very few women are elected to representative
take a decision to further extend it, when the bodies, the demand for reserving one-third
period of reservation expires. The number of seats for women is increasingly being
seats reserved for both of these groups is in articulated. Reservation of seats for women
proportion to their share in the population of has been provided for in rural and urban local
India. Today, of the 543 elected seats in the Lok bodies. A similar provision for Lok Sabha and
Sabha, 79 are reserved for Scheduled Castes Vidhan Sabhas would require an amendment
and 41 are reserved for Scheduled Tribes. to the Constitution. Such an amendment has
Who decides which constituency is to be been proposed several times in the Parliament
reserved? On what basis is this decision taken? but has not yet been passed.
This decision is taken by an independent body FREE AND FAIR ELECTIONS
called the Delimitation Commission. The
Delimitation Commission is appointed by the The true test of any election system is its
President of India and works in collaboration ability to ensure a free and fair electoral
with the Election Commission of India. It is process. If we want democracy to be translated
appointed for the purpose of drawing up the into reality on the ground, it is important that
boundaries of constituencies all over the the election system is impartial and
country. A quota of constituencies to be transparent. The system of election must also
reserved in each State is fixed depending on allow the aspirations of the voter to find
the proportion of SC or ST in that State. After legitimate expression through the electoral
drawing the boundaries, the Delimitation results.
Commission looks at the composition of Universal franchise and right to contest
population in each constituency. Those
constituencies that have the highest Apart from laying down a method of
proportion of Scheduled Tribe population are elections, the Constitution answers two basic
reserved for ST. In the case of Scheduled questions about elections: Who are the voters?
Castes, the Delimitation Commission looks at Who can contest elections? In both these
two things. It picks constituencies that have respects our Constitution follows the well
higher proportion of Scheduled Caste established democratic practices.
population. But it also spreads these You already know that democratic
constituencies in different regions of the State. elections require that all adult citizens of the
This is done because the Scheduled Caste country must be eligible to vote in the
population is generally spread evenly elections. This is known as universal adult
throughout the country. These reserved franchise. In many countries, citizens had to
constituencies can be rotated each time the fight long battles with the rulers to get this
Delimitation exercise is undertaken. right. In many countries, women could get this
The Constitution does not make similar right very late and only after struggle. One of
reservation for other disadvantaged groups. the important decisions of the framers of the
§§§
60 GIST OF NCERT INDIAN POLITY
Commissioner and the other Commissioners to-date voters’ list. It makes every
about who had how much power. The matter effort to ensure that the voters’ list is
had to be settled by the Supreme Court. Now free of errors like nonexistence of
there is a general consensus that a multi- names of registered voters or
member Election Commission is more existence of names of those non-
appropriate as power is shared and there is eligible or non-existent.
greater accountability. • It also determines the timing of
The Chief Election Commissioner (CEC) elections and prepares the election
presides over the Election Commission, but schedule. The election schedule
does not have more powers than the other includes the notification of elections,
Election Commissioners. The CEC and the two date from which nominations can be
Election Commissioners have equal powers to filed, last date for filing nominations,
take all decisions relating to elections as a last date of scrutiny, last date of
collective body. They are appointed by the withdrawal, date of polling and date
President of India on the advice of the Council of counting and declaration of results.
of Ministers. It is therefore possible for a ruling • During this entire process, the
party to appoint a partisan person to the Election Commission has the power
Commission who might favour them in the to take decisions to ensure a free and
elections. This fear has led many to suggest fair poll. It can postpone or cancel the
that this procedure should be changed. Many election in the entire country or a
persons have suggested that a different specific State or constituency on the
method should be followed that makes grounds that the atmosphere is
consultation with the leader of opposition and vitiated and therefore, a free and fair
the Chief Justice of India necessary for the election may not be possible. The
appointment of CEC and Election Commission also implements a
Commissioners. model. code of conduct for parties
The Constitution ensures the security of and candidates, It can order a re-poll
the tenure of the CEC and Election in a specific constituency. It can also
Commissioners. They are appointed for a six order a recount of votes when it feels
year term or continue till the age of 65, that the counting process has not
whichever is earlier. The CEC can be removed been fully fair and just.
before the expiry of the term, by the President • The Election Commission accords
if both Houses of Parliament make such a recognition to political parties and
recommendation with a special majority. This allots symbols to each of them.
is done to ensure that a ruling party cannot
Special Majority
remove a CEC who refuses to favour it in
elections. The Election Commissioners can be Special majority means:
removed by the President of India. The • Two-thirds majority of those present
Election Commission of India has a wide and voting, and
range of functions. • Simple majority of the total
• It supervises the preparation of up- membership of the House.
§§§
62 GIST OF NCERT INDIAN POLITY
The Election Commission has very having to postpone the election process mid-
limited staff of its own. It conducts the way in 1991 when the ex-Prime Minister Rajiv
elections with the help of the administrative Gandhi was assassinated during
machinery. However, once the election process campaigning. In 2002, the Election
has begun, the commission has control over Commission faced another critical situation
the administration as far as election related when the Gujarat Assembly was dissolved and
work is concerned. During the election elections had to be conducted. But the Election
process, the administrative officers of the State Commission found that unprecedented
and central governments are assigned election violence in that State had made it impossible
related duty and in this respect, the Election to hold free and fair elections immediately.
Commission has full control over them. The
ELECTORAL REFORMS
EC can transfer the officers, or stop their
transfers; it can take action against them for No system of election can ever be perfect.
failing to act in a non-partisan manner. And in actual election process, there are bound
Over the years, the Election Commission to be many flaws and limitations. Any
of India has emerged as an independent democratic society has to keep searching for
authority which has asserted its powers to mechanisms to make elections free and fair to
ensure fairness in the election process. It has the maximum. With the acceptance of adult
acted in an impartial and unbiased manner in suffrage, freedom to contest elections, and the
order to protect the sanctity of the electoral establishment of an independent Election
process. Commission, India has tried to make its
The record of Election Commission also election process free and fair. However, the
shows that every improvement in the experience of the last fifty five years has given
functioning of institutions does not require rise to many suggestions for reforming our
legal or constitutional change. It is widely election system. The Election Commission,
agreed that the Election Commission is more political parties, various independent groups,
independent and assertive now than it was till and many scholars have come up with
twenty years ago. This is not because the proposals for electoral reform. Some of these
powers and constitutional protection of the suggestions are about changing the
Election Commission have increased. The constitutional provisions discussed in this
Election Commission has started using more Chapter:
effectively the powers it always had in the • Our system of elections should be
Constitution. In the past fifty five years, changed from the FPTP to some
fourteen Lok Sabha elections have been held. variant of the PR system. This would
Many more State assembly elections and bye ensure that parties get seats, as far as
elections have been conducted by the Election possible, in proportion to the votes
Commission. The EC has faced many difficult they get.
situations such as holding elections in • There should be a special provision
militancy affected areas like Assam, Punjab or to ensure that at least one third
Jammu and Kashmir. women are elected to the parliament
It has also faced the difficult situation of and assemblies.
§§§
ELECTIONS AND DEMOCRACY 63
• There should be stricter provisions to consensus, there are limits to what the
control the role of money in electoral laws and formal provisions can do.
politics. The elections expenses Free and fair elections can be held
should be paid by the government only if the candidates, the parties and
out of a special fund. those involved in the election process
• Candidates with any criminal case agree to abide by the spirit of
should be barred from contesting democratic competition.
elections, even if their appeal is Apart from legal reforms, there are two
pending before a court. other ways of ensuring that elections reflect
• There should be complete ban on the the expectations and democratic aspirations
use of caste and religious appeals in of the people. One is, of course, that people
the campaign. themselves have to be more vigilant, more
• There should be a law to regulate the actively involved in political activities.
functioning of political parties and to But there are limits to the extent to which
ensure that they function in a ordinary people can engage in politics on a
transparent and democratic manner. regular basis. Therefore, it is necessary that
• These are but a few suggestions. various political institutions and voluntary
There is no consensus about these organisations are developed and are active in
suggestions. Even if there was a functioning as watchdog for ensuring free and
fair elections.
§§§
64 GIST OF NCERT INDIAN POLITY
9
Center State Relation
Contents of The Chapter
§ LEGISLATIVE RELATIONS ................................................................................................... 64
§ ADMINISTRATIVE RELATIONS ........................................................................................... 66
§ FINANCIAL RELATIONS ...................................................................................................... 69
§ CENTRE - STATE RELATIONS: CONFLICT ZONE .............................................................. 70
§ PUNCHHI COMMISSION ON CENTRE - STATE RELATIONS ............................................ 77
§ FINANCE COMMISSION VS PLANNING COMMISSION .................................................... 79
§§§
CENTER STATE RELATION 65
disputes from the jurisdiction of the Government of the state and all
Supreme Court or other Courts. powers of the State other than those
exercised by the legislature and High
Responsibility of the Union
Court of the State.
• Under the Constitution, it is the • The President can also declare that the
responsibility of the Union powers of the state legislature shall be
Government to protect the states from exercised under the authority of the
external aggression and internal Parliament and make such incidental
disturbances. This leaves much scope and consequential provisions as
for Centre’s interference in the spheres appear to him to be necessary or
of the state. desirable for giving effect to the
• The President can declare national objects of the Proclamation.
emergency in case of war or possible
Role of Governors
threat of war as well as armed
rebellion. During this emergency the • The Central Government exercises
Centre can give directions to the states effective administrative control over
as to the manner in which their states through the Governors of State
executive power is to be exercised. who are appointed by the President
v The President can authorise the and hold office during his pleasure.
Parliament to make laws with respect The Governors can reserve certain
to any matter including power to bills passed by the State legislatures
make laws conferring powers and for the consideration of the President.
imposing duties or authorising the • President can also issue directions and
conferring of power and the orders to the Governor which are
imposition of duties upon the Union binding on him. Thus, the Centre can
officers and authorities of the Union exercise effective control over the
as respects that matter unmindful of States through the Government to
the fact, that the matter does not topple State Governments which are
belong to the Union list. Similarly, it irksome to the Central Government.
is the duty of the President to ensure
Judicial System
that the government of the state is
carried on in accordance with • As the Constitution of India provides
provisions of the Constitution. for a single judicial system both the
Union and the State Governments are
v If the President is satisfied that the
duty bound to give full faith and
government of the state cannot run
credit to public acts, records,
along constitutional lines, he can
proceedings and judicial decisions of
declare constitutional emergency in the Supreme Court and the High
the state and assume to himself all or Court. The manner in which these
any of the functions of the acts, records and proceedings have to
§§§
CENTER STATE RELATION 69
Government for subsidies and contributions. are levied by the Union Government
The distribution of financial resources in India but the actual revenue from them is
has broadly been made as follows. collected and appropriated by the
1. Taxes exclusively assigned to the States; (i) stamp duties on bills of
Union: Income from certain subjects exchange, cheques, promissory notes,
like customs and export duties, bills of landing, letters of credit,
income tax, excise duty on tobacco, policies of insurance, transfer of
jute, cotton etc., corporation tax, taxes shares etc.; (ii) Excise duties on
on capital value of assets of medicinal toilet preparation
individuals and companies; estate containing alcohol or opium or Indian
duty and succession duty in respect hemp or other narcotic drugs.
of property and other than 4. Taxes levied and collected by the
agricultural land; and income from Union but assigned to states: The
the earning departments like the taxes in this category are levied and
railways and postal departments have collected by the Union Government
been exclusively assigned to the although they are subsequently
Union Government by the handed over to the states where from
Constitution.
they have been collected. Such taxes
2. Taxes exclusively assigned to States: included duties in respect of
Income from land revenue, stamp succession to property other than
duty except on documents included agricultural land; state duty in respect
in the Union List; succession duty and of property other than agricultural
estate duty in respect of agricultural land terminal taxes on goods or
land; income tax on agricultural lands; passengers carried by railways, sea or
taxes on goods and passengers carried air, taxes on railway freights and fares;
by road or inland water; taxes on taxes other than stamp duties on
vehicles used on roads, animals, boats, transactions in stock exchanges and
future markets; taxes on the sale or
taxes on the consumption or sale of
purchase of newspapers and on
electricity, tolls, taxes on lands and
advertisements published therein;
buildings; taxes on professions, taxes on purchase or sale of goods
traders, calling and employment; other than newspapers where such
duties on alcoholic liquors for human sale or purchases take place in the
consumption, opium, Indian hemp course of inter-state trade or
and other narcotic drugs, taxes on the commerce.
entry of goods into local areas, taxes 5. Taxes levied and collected by the
on luxuries, entertainments, Union but shared with the States:
amusements, betting and gambling, Taxes on income other than
etc. has been assigned to the States. agricultural income and excise duties
3. Taxes leviable by Union but other than those on medicinal and
collected and appropriated by the toilet preparations are levied and
State: The taxes on the following items collected by the Union Government
§§§
CENTER STATE RELATION 71
but shared with the states on an definite code for the exercise of
equitable basis. The basis of discretionary powers. Governors role
distribution is determined by the in the government of particular state
Parliament through a law. often based on ruling party of the
CENTRE - STATE RELATIONS: centre , This is the reason the ruling
CONFLICT ZONE party reshuffle the post whenever it
forms new government .
Arising out of the nature of Centre - State
relations as well as difference in political Misuse of Article 356
ideology of the ruling parties at the Centre and
• The provision for imposition of
States, following major areas of tensions have
emerged in Indian federalism. President’s rule in States under Article
356 was made to deal with serious
• Role of Governor as a representative
situations as a life saving device to be
of the central Government with
used as a measure of last resort.
regard to appointing and dismissing
However, in practice this article has
State ministers and dissolution of the
been so frequently used for purely
State Assemblies.
partisan interests that it has become
• Misuse of powers of imposition of almost poisonous for Indian political
President’s Rule under Article 356. system.
• Reservation of Bills for the • The use of Article 356 rests on the
consideration of the President under subjective satisfaction of the
Article 201. President. President’s rule can be
• Sharing of finances, and central imposed either on the recommen-
dations of Governor or even without
approval of state projects.
that, that is, on the satisfaction of
• Demand for autonomy by the States President (Prime Minister) himself.
Within these five major areas, there are • In the same manner, the Prime
several other issues of administrative and Minister can also make use of Article
political processes that cause tensions in 365 to ensure that the administration
Centre - State relations in State is carried on in accordance
with the provisions of the
Role of Governor
Constitution, and if otherwise,
• Such interferences by Governors in dissolve the State Government on the
State Government affairs and abuse of basis of his own assessment of the
their powers for partisan reason has representative character or otherwise.
been giving rise to a feeling of • The Sarkaria Commission drawing
insecurity among State and demand attention to the repeated abuse of
Article 356 has pointed out that
for settling the issues of appointment
during the period from 1951 to 1987,
and dismissal of Governors
of the 75 occasions when the
themselves, their compulsion to act on President’s rule was imposed, only in
the advice of Council of Ministers, and
§§§
72 GIST OF NCERT INDIAN POLITY
Commission has also been brought in questioned the need for the Centre to
for the purpose and now it plays a wield heavy financial clout in the
rather important part in devolution of shape of discretionary grants. There
resources from the Centre to the are about the inherent danger of their
States. Since the Planning being used as a political weapon
Commission is a completely Central against a State that happens to be out
institution and the politically of favour with the Centre.
influenced States have a sense of
Economic Planning
discrimination in location of grants.
• States are sore not only because of the • It is generally agreed that the process
fact that the Planning Commission’s of planning in India has tended to
authority to determine the scope and push the political system to greater
pattern of a major portion of Central centralisation due to both the central
assistance to States has relegated the control over resources for
role of Finance Commission to a development and the preponderance
subsidiary one but also because the of the centralised planning machinery.
Centre does not seem to be much • The gravest and most harmful
serious even about the reduced role consequence of the atrophy of the
of the Finance Commission. In state’s domain in the economic field
addition, provision for grants-in-aid is in regard to industries and
by the Centre is purely a political and economic planning.
arbitrary means of devolution and • Similarly it is alleged that in the name
centre has been making use of this of national planning, the centre for
more and more and that too in a political considerations has been
controversial manner. inordinately delaying viable and
important state projects. On the
• Centre gives grant-in-aid to States
contrary, Centre has been super-
under Article 281 on its discretion for
imposing its schemes on the States
undertaking welfare schemes, meet which deemed by State governments
natural calamities or for removal of to be irrelevant to the conditions
disparities etc. A close scrutiny of the prevailing in the States
Central relief to the States affected by
natural calamities indicates that no Demand for Autonomy
well considered norms were followed • The constituent units of the Indian
in this regard. The Central teams Union i.e. the States have been
preoccupied by political developing a feeling of deprivation on
considerations have always assessed the ground that the Centre has denied
the damage done by droughts, flood, them the autonomy that has been
etc. in an ad hoc perfunctory manner. guaranteed under the Constitution.
• The States therefore, have sharply Unfortunately despite changes in
§§§
74 GIST OF NCERT INDIAN POLITY
Government, the trend towards between the Union and the States in
centralization has not been weakend. regard to powers, functions and
• In this context the demand for a responsibilities in all spheres and
greater and more meaningful recommend appropriate charges and
devolution of power has been measures.
assertively and more stridently • The Commission came to be known
articulated over the years. The as the Sarkaria Commission on
Administrative Reforms Commission Centre-State Relations after the name
(appointed in 1967) recommended of its Chairman R.S. Sarkaria. The
that powers should be delegated to
Commission was asked to keep in
the maximum extent to the States.
view the social and economic
• It also expressed the opinion that developments that have taken place
centralized planning had tended over the years as also the scheme and
towards excessive interference in the the framework of the Constitution
freedom of States to work out their
and the need for preserving the unity
policies and programmes.
and integrity of the country.
• The Commission made some
• The Sarkaria Commission in
recommen-dations with regard to the
submitted its report on October 27,
office of Governor and also suggested
the need to establish an Inter-State 1987. The Commission favoured a
Council under Article 263 of the strong Centre as the only safe-guard
Constitution. The recommendations to national integrity which was being
of the Commission however remained threatened severely in the light of
on paper and process of centralization recent fissiparous tendencies in the
continued. body politics. But, the Commission
did not equate strong Centre with
Sarkaria Commission
centralisation of powers. Infact, it
• The decades of the eighties witnessed viewed centralisation as dangerous
a struggle to get the federal issue on for national integration.
the nation’s agenda. And when the Salient Recommendations of Sarkaria
political challenge assumed new Commission are:
dimensions and tensions between the • More extensive and generous use of
Centre and the States grew in Article 258 which gives powers to
sharpness, it became necessary to ease Union government to confer powers,
the situation. etc. to State governments should be
made than as hitherto being done.
• It was in this context that the
Government of India announced on • Any move to disband the All India
March 24, 1983 the appointment of a Service or to permit the State
Commission to examine and review government to opt out the scheme
the working of existing arrangements must be regarded as retrograde and
§§§
CENTER STATE RELATION 75
§§§
76 GIST OF NCERT INDIAN POLITY
§§§
CENTER STATE RELATION 77
§§§
78 GIST OF NCERT INDIAN POLITY
§§§
82 GIST OF NCERT INDIAN POLITY
10
Emergency Provisions
Contents of The Chapter
§ NATIONAL EMERGENCY (ART. 352) ................................................................................... 82
§ PROCLAMATION OF PRESIDENT’S RULE (ART. 356) ....................................................... 83
§ FINANCIAL EMERGENCY (ART. 360) ................................................................................. 84
The term ‘Emergency’ may be defined as external aggression or armed rebellion, he may
“a difficult situation arising suddenly and issue a Proclamation of Emergency for the
demanding immediate action by public whole of India or part thereof. Every
authorities under powers specially granted to Proclamation of Emergency is required to be
them by the Constitution or otherwise to meet laid before each House of Parliament, and is
such exigencies”. to cease to operate at the expiration of one
month from the date of its issue by the
Types of Emergency
President unless it has in the meantime been
Broadly, the Emergency provisions of the approved by resolutions of both the House.
Constitution envisage two kinds of However, once approved by Parliament, the
emergencies, viz. Proclamation may continue in operation for
(i) a National Emergency under article six months at a time unless revoked by the
352 due to threat of war, external President earlier by a subsequent
aggression or armed rebellion and Proclamation. Resolutions approving the
(ii) Financial Emergency under article Proclamation of Emergency or its continuance
have to be passed by either House of
360.
Parliament by a majority of the total
The third kind of situation, that is, the
membership and not less than two third of
one under article 356 arising from a failure of
those present and voting. Also, if the Lok
the constitutional machinery in any particular
Sabha passes a resolution disapproving the
State and necessitating President’s rule.:
Proclamation or its continuance, it shall be
NATIONAL EMERGENCY (ART. 352) revoked forthwith. If notice of a resolution
signed by not less than one-tenth of the total
Article 352 provides that if the President,
membership is given to the President Speaker,
after receiving a written communication of a
a special sitting of the House shall be held
Cabinet decision, is satisfied that a grave
within 14 days to consider it.. During the
emergency exists whereby the security of India
periods of Emergency, extraordinary powers
or any part thereof is threatened by war,
may be assumed by the Union Government.
§§§
EMERGENCY PROVISIONS 83
Article 353, read with article 365 provides It is the constitutional duty of the Union
that once Emergency is proclaimed, the to protect its States against external aggression
executive power of the union extend to giving and internal disturbance and to ensure that
of directions to any State in regard to the the Government of every State is carried on
exercise of the executive power of the State and in accordance with the Constitution (Article
failure to comply with the directions would 355). If on receipt of a Report from the
constitute enough justification for imposition Governor or otherwise, the President is
of President’s rule under Article 356. During satisfied that the Government of the State
the operation of Emergency, the legislative cannot be carried on in accordance with the
power of Parliament also extends to conferring Constitution or that the constitution taking
powers and imposing duties by law on Union over any of the functions and powers of the
authorities in matters not otherwise included State Government including those of the
in the Union List. Under article 354, the Governor and other State authorities. The
application of provisions relating to satisfaction of the President, of course, means
distribution of revenues articles (268 to 279) the satisfaction of the Union Government and
may be suitably modified during the period President’s rule is actually rule by the Union
of the operation of Emergency. Article 358, Government. If any State fails to comply with
provides for the suspension of the provisions directions issued by the Union under article
of ‘article 19 during emergencies while article 256, 257 or 353, the President may hold that
359 authorises the, President to suspend by there has been a failure of constitutional
ordering the enforcement of all the machinery in that State and may take over the
Fundamental Rights guaranteed in Part III of State Government under article 356.
the Constitution except the rights of protection Every Proclamation under Article 356
in respect of conviction for offences and must cease to operate at the expiry of two
protection of life and liberty in articles 20 and months unless approved by resolutions of the
21. two Houses of the Parliament. After
The effect of the exercise of powers under Parliament’s approval also, a Proclamation
articles 358 and 359 is that not only the may continue for not more than six months at
legislature but also the executive can interfere a time and not for more than a total of three
with the Fundamental Rights of individuals years (except Punjab)
except those under articles 20 and 21. Any law How the President’s Rule affects State
passed under articles 358 and 359 in order to Legislatures?
be valid must contain a recital to the effect that The powers of the State Legislature may
it is in relation to the Proclamation of under the Proclamation become exercisable by
Emergency in operation. Also, all such laws or on the authority of Parliament. The State
shall cease to have effect to the extent of Assembly may be dissolved or kept under
incompetency under the Fundamental Rights suspended animation. The president may take
as soon as the Emergency ceases or the all other steps that may be necessary including
Presidential order ceases to have effect. suspension of the operation of any
§§§
84 GIST OF NCERT INDIAN POLITY
§§§
EMERGENCY PROVISIONS 85
11
Amendment of Constitution
Contents of The Chapter
§ AMENDMENT PROCEDURE ................................................................................................ 85
§ AMENDMENTS IN BRIEF ..................................................................................................... 85
Part XX of the Constitution of India deals the total number of members present
with the Amendment of the Constitution. The and voting, which should not be less
Article 368 specifies the power of Parliament than half of the total membership of
to amend the constitution and the procedure the house.
of it. It is also mentioned in the Article that
there will be no limitation on the constituent • By special majority of the Parliament
power of the Parliament for amending it by and ratification by at least half of the
adding, removing or improving the provisions state legislatures by special majority.
made in it. The method of an amendment to After this, it is sent to the President
the Constitution is considered to be a highly for his assent.
complicated procedure. Amendment can be AMENDMENTS IN BRIEF
made by various methods, which have been
modeled based on the South African • 1st Amendment Act, 1951: Amended
Constitution. Since the enactment of the Articles - 15, 19, 85, 87, 174, 176, 341,
Constitution of India on 26 November 1949, 342, 376. Inserted Articles - 31A, 31B.
there have been 94 amendments made to it till Added Schedule - IXth
2006. Number of Bills are introduced before • 2nd Amendment Act, 1952: Amended
Lok Sabha and Rajya Sabha for further Article - 81
improving the Constitution.
• 3rd Amendment Act, 1954: Amended
AMENDMENT PROCEDURE Schedule - XIIth Schedule List III,
• By simple majority of the Parliament: Entry 33.
Amendments in this category can be • 4th Amendment Act, 1955: Amended
made by a simple majority of Articles - 31, 31A, 305. Amended
members present and voting, before Schedule - IXth.
sending them for the President’s • 5th Amendment Act, 1955: Amended
assent. Article - 3.
• By special majority of the Parliament: • 6th Amendment Act, 1956: Amended
Amendments can be made in this Articles - 269, 286 Amended Schedule
category by a two-thirds majority of - VIIth Schedule - List II, Entry 54; List
§§§
86 GIST OF NCERT INDIAN POLITY
• 24th Amendment Act, 1971: Inserting amendment of 1st and 4th Schedule.
cl. (4) in Art. 13; amending Art. 368. Inserted a new Article 371F.
The object of the amendment was to • 37th Amendment Act, 1975:
clarify that the Parliament has the Amended Articles 239A and 240.
power to amend every’ part of the
• 38th Amendment Act, 1975:
Constitution.
Amended Articles 123, 213, 239B, 352,
• 25th Amendment Act, 1971: 356, 359 and 360.
Amended Article 31 and inserted new
• 39th Amendment Act, 1975:
Art. 31C.
Amended Article 329 and 9th
• 26th Amendment Act, 1971: Schedule. Substituted a new Article
Amended Article 366. Omitted for Art. 71 and inserted a new Article
Articles 291 and 362 and inserted a 329A.
new Article 363A.
• 40th Amendment Act, 1976:
• 27th Amendment Act, 1971: Substituting Art. 297; adding entries
Amended Articles 239A and 240. 125 to 188 to Schedule IX.
Inserted new Articles 239B and 371C.
• 41st Amendment Act, 1976: Amended
• 28th Amendment Act: Inserted new Article 316.
Article 312A and omitted article 314.
• 42nd Amendment Act, 1976: Known
• 29th Amendment Act, 1972: as a “mini Constitution” in itself.
Amended Ninth Schedule. Amended the Preamble and Articles
• 30th Amendment Act, 1972: 31C, 39, 55, 74, 77, 81, 82, 83, 100, 102,
Amended Article 133. 105, 118, 145, 166, 170, 172, 189, 191,
• 31st Amendment Act, 1973: Amended 194, 208, 217, 225, 227, 228, 311, 312,
Articles 81, 330 and 332. 330, 352, 353, 356, 357, 358, 359, 366,
368, 371F and 7th Schedule. Also
• 32nd Amendment Act, 1973:
inserted new Articles- 31D 32A 39A
Amended Article 371 and 7th
43A 48A 131A 139A 144A 226A 228A
Schedule. Inserted new Articles 371D
257A and new Parts- IV A and XIV A.
and 371E.
Substituted Articles- 103, 150, 192 and
• 33rd Amendment Act, 1974: 226
Amended Articles 101 and 190.
• 43rd Amendment Act, 1977: Omitting
• 34th Amendment Act, 1974: Adding Arts. 31D, 32A, 131A, 144A; amending
items 67 -86 to the IXth Schedule. Art. 145. This amendment omitted
• 35th Amendment Act, 1974: Inserting many articles inserted by the 42nd
Art. 2A and amending Arts. 80-81; Amendment Act. Some articles were
adding Xth Schedule. Sikkim was changed.
made an associate state. • 44th Amendment Act, 1978: The right
• 36th Amendment Act, 1975: Made to property was omitted from
special provisions for Sikkim through
§§§
88 GIST OF NCERT INDIAN POLITY
fundamental right and made legal • 56th Amendment Act, 1987: Inserted
right. Amended Art. 352, 132, 134 and Art. 371-I. Goa was made a state and
a new Article 134A inserted. Art. 21 provision for a state assembly was
and 22 further strengthened. inserted, and Daman and Diu as a
Union Territory.
• 45th Amendment Act, 1980: Extended
• 57th Amendment Act, 1987: As the
reservation under Art. 334 from 30 to
51st Amendment Act could not be
40 years. fully implemented, the 57th
• 46th Amendment Act, 1982: Amendment Act was carried out.
Amending Arts. 269, 286, 366. List I, • 58th Amendment Act, 1987:
relating to Sales Tax.
Amended the heading of Part XXII
• 47th Amendment Act, 1984: Added and inserted anew Article 394A.
entries 189-202, to the Ninth Schedule.
• 59th Amendment Act, 1988:
• 48th Amendment Act, 1984: Inserted
Amended Article 356 and insertion a
provision to cl. (5) of Art. 256 to extend
President’s Rule in Punjab. new Article 359A.
• 49th Amendment Act, 1984: • 60th Amendment Act, 1988:
Amended Art. 244. Fifth & Sixth Amended Article 276.
Schedules. Sixth Schedule was made • 61st Amendment Act, 1988: Amended
applicable to Tripura. Article 326.
• 50th Amendment Act, 1984: • 62nd Amendment Act, 1989:
Substituted Art. 33. Its scope was
Amended Art. 334, to increase the
enlarged and many other forces were
period of reservation of seats for
included in its ambit.
Scheduled Castes and Tribes for 10
• 51st Amendment Act, 1984: Amended
years.
Arts. 330, 332.
• 52nd Amendment Act, 1985: • 63rd Amendment Act, 1989: The
Amended Arts. 101, 102, 190, 191; provision to clause (5) of Art. 356 and
added Xth Schedule (anti-defection). Art. 359A were omitted as the changes
It was declared that a member who brought after 59th Amendment Act,
defects from his party would become 1988 were no longer required.
subject to disqualification. • 64th Amendment Act, 1990:
• 53rd Amendment Act, 1986: Added Amended Art. 356 to facilitate the
Art. 377G. Mizoram was made a state. extension of the proclamation issued
• 54th Amendment Act, 1986: under cl. (1) of Art. 356 on 11 May 1987
Amended Articles 125, 221 and 2nd upto a total period of three years and
Schedule. six months in relation to Punjab.
• 55th Amendment Act, 1986: Inserted
• 65th Amendment Act, 1990:
a new Article 371H with special
Amended Art. 338 to provide for a
provisions for the State of Arunachal
Pradesh. National Commission for Scheduled
Castes and Scheduled Tribes. Wide
§§§
AMENDMENT OF CONSTITUTION 89
§§§
AMENDMENT OF CONSTITUTION 91
12
Seventh Schedule (Article 246)
Contents of The Chapter
§ LIST I—UNION LIST ............................................................................................................. 91
§ LIST II-STATE LIST ............................................................................................................... 95
§ LIST III—CONCURRENT LIST ............................................................................................. 98
the Victoria Memorial and the Indian 68. The Survey of India, the Geological,
War Memorial, and any other like Botanical, Zoological and
institution financed by the Anthropological Surveys of India;
Government of India wholly or in part Meteorological organisations.
and declared by Parliament by law to 69. Census.
be an institution of national
70. Union Public Service; All-India
importance.
Services; Union Public Service
63. The institutions known at the Commission.
commencement of this Constitution as
71. Union pensions, that is to say,
the Benares Hindu University, the
pensions payable by the Government
Aligarh Muslim University and the
of India or out of the Consolidated
[Delhi University; the University
Fund of India.
established in pursuance of article
371E;] any other institution declared 72. Elections to Parliament, to the
by Parliament by law to be an Legislatures of States and to the offices
institution of national importance. of President and Vice-President; the
Election Commission.
64. Institutions for scientific or technical
education financed by the 73. Salaries and allowances of members
Government of India wholly or in part of Parliament, the Chairman and
and declared by Parliament by law to Deputy Chairman of the Council of
be institutions of national importance. States and the Speaker and Deputy
Speaker of the House of the People.
65. Union agencies and institutions for:
74. Powers, privileges and immunities of
(a) professional, vocational or technical
training, including the training of each House of Parliament and of the
police officers; or members and the Committees of each
(b) the promotion of special studies or House; enforcement of attendance of
research; or persons for giving evidence or
(c) scientific or technical assistance in producing documents before
the investigation or detection of committees of Parliament or
crime. commissions appointed by
66. Co-ordination and determination of Parliament.
standards in institutions for higher 75. Emoluments, allowances, privileges,
education or research and scientific and rights in respect of leave of
and technical institutions. absence, of the President and
67. Ancient and historical monuments Governors; salaries and allowances of
and records, and archaeological sites the Ministers for the Union; the
and remains, declared by or under law salaries, allowances, and rights in
made by Parliament to be of national respect of leave of absence and other
importance. conditions of service of the
Comptroller and Auditor-General.
§§§
SEVENTH SCHEDULE (ARTICLE 246) 95
40. Salaries and allowances of Ministers 52. Taxes on the entry of goods into a local
for the State. area for consumption, use or sale
41. State public services; State Public therein.
Service Commission. 53. Taxes on the consumption or sale of
42. State pensions, that is to say, pensions electricity.
payable by the State or out of the 54. Taxes on the sale or purchase of goods
Consolidated Fund of the State. other than newspapers, subject to the
43. Public debt of the State. provisions of entry 92A of List I.
44. Treasure trove. 55. Taxes on advertisements other than
advertisements published in the
45. Land revenue, including the
newspapers [and advertisements
assessment and collection of revenue,
broadcast by radio or television].
the maintenance of land records,
survey for revenue purposes and 56. Taxes on goods and passengers
records of rights, and alienation of carried by road or on inland
revenues. waterways.
46. Taxes on agricultural income. 57. Taxes on vehicles, whether
mechanically propelled or not,
47. Duties in respect of succession to
suitable for use on roads, including
agricultural land.
tramcars subject to the provisions of
48. Estate duty in respect of agricultural entry 35 of List III.
land.
58. Taxes on animals and boats.
49. Taxes on lands and buildings.
59. Tolls.
50. Taxes on mineral rights subject to any
60. Taxes on professions, trades, callings
limitations imposed by Parliament by
and employments.
law relating to mineral development.
61. Capitation taxes.
51. Duties of excise on the following
62. Taxes on luxuries, including taxes on
goods manufactured or produced in
entertainments, amusements, betting
the State and countervailing duties at
and gambling.
the same or lower rates on similar
63. Rates of stamp duty in respect of
goods manufactured or produced
documents other than those specified
elsewhere in India:
in the provisions of List I with regard
(a) alcoholic liquors for human
to rates of stamp duty.
consumption;
(b) opium, Indian hemp and other 64. Offences against laws with respect to
narcotic drugs and narcotics, but any of the matters in this List.
not including medicinal and toilet 65. Jurisdiction and powers of all courts,
preparations containing alcohol or except the Supreme Court, with
any substance included in sub- respect to any of the matters in this
paragraph (b) of this entry. List.
§§§
SEVENTH SCHEDULE (ARTICLE 246) 99
§§§
SEVENTH SCHEDULE (ARTICLE 246) 101
§§§
102 GIST OF NCERT INDIAN POLITY
13
Political System
Contents of The Chapter
§ POLITICAL SYSTEM IN INDIA .......................................................................................... 102
§ COALITION POLITICS ........................................................................................................ 104
no majority party. In such cases, the the best opportunity to promote real
only way policy gets approved is by issues and solve everyday problems.
making concessions, hence the This is because the coalition
forming of a coalition. government is seen by some as the
• A coalition government, also known most accurate representation of the
as a coalition cabinet, can be one of people’s will. Also, proponents
the most entertaining, and volatile, believe a coalition government can
forms of government. Often, it may be actually lead to greater unity because
hard to know how an issue is going members of varying backgrounds and
to turn out, unlike countries where ideologies must come together and
there are only two major political agree to create policy in the best
parties. In these cases, it is rare that a interest of all.
majority party does not have its way. • In addition to the regular, long-
• Well-known countries run by coalition standing coalitions, a coalition
governments include Germany, Italy, government can also be created at
India, Ireland, and Israel, among times of national transition or crisis.
others. Once a parliament is seated in In Iraq, for example, a coalition
these countries, the difficult work of government was created in 2004 in an
bridging gaps begins. In some cases, effort to bring the country together
these gaps are bridged easier than after the fall of Saddam Hussein s
others, as multiple parties may be in government. In this example, various
agreement on some issues. In other leaders from different religious sects
cases, where there is little agreement, and regions of the country were
building such a coalition government brought together in an attempt to
takes time. form policy that would be regarded
as a benefit to the Iraqi people as a
• Some time a coalition government is
whole, not just one particular group.
a very inefficient way to govern. Also,
it may, in some cases, increase the risk • In India one party rule came to an end
of underhanded deals and increase after 1967. Even in states also their
corruption, as more politicians are was a change in political scenario. The
willing to make deals in order to get dominance of congress came to an
things accomplished. A coalition end. For the first time Janata Party
government can also have members came to power during the same
that are very argumentative, even period. The 1980’s is a time where one
more so than other forms of can see the history of coalition politics.
government, simply because so much Coalition politics came to seen
is at stake. because of growth of many small
regional parties. Slowly these regional
• However, despite the concerns, some
parties started playing influential role
feel that a coalition government has
in the national politics.
§§§
POLITICAL SYSTEM 107
policy. Different parties have different • That the total number of valid votes
interests and beliefs and it is difficult polled by all the contesting candidates
to sustain a consensus on issues when set up by such party at the last general
disagreements arise. They often fail to election in the State to the House of
see eye to eye with the government the People, or as the case may be, to
on many public policies. However, the Legislative Assembly of the State,
this is not to say that we have never is not less than six per cent of the total
had successful coalitions. number of valid votes polled by all the
Governments in Kerela and West contesting candidates at such general
Bengal and NDA at the Centre have election in the State.
been sucessful coalitions. • If a political party is treated as a
Criteria for Recognition of a Party recognised political party in four or
more States, it shall be known as a
A political party shall be treated as a
‘National Party’ throughout the whole
recognised political party in a State, if and only
of India, but only so long as that
if either the conditions specified in Clause (A)
political party continues to fulfill
are, or the condition specified in Clause (B) is,
thereafter the conditions for
fulfilled by that party and not otherwise, that
recognition in four or more States on
is to say:
the results of any subsequent general
• has been engaged in political activity
election either to the House of the
for a continuous period of five years;
People or to the Legislative Assembly
and
of any State.
• has, at the last general election in that
• If a political party is treated as a
State to the House of the People, or,
recognised political party in less than
as the case may be, to the Legislative
four States, it should be known as a
Assembly of the State, returned:
‘State Party’ in the State or States in
• At least one member to the House of which it is so recognised, but only so
the People for every twenty-five long as that political party continues
members of that House or any fraction to fulfill thereafter the conditions for
of that number from that State; recognition on the results of any
• At least one member to the Legislative subsequent general election to the
Assembly of that State for every thirty House of the People or, as the case
members of that Assembly or any may be, to the Legislative Assembly
fraction of that number; of the State, in the said State or States.
§§§
110 GIST OF NCERT INDIAN POLITY
14
Administrative Tribunals
Contents of The Chapter
§ ADMINISTRATIVE REFORMS IN INDIA ........................................................................... 111
§ IMPORTANT COMMITTEES ............................................................................................... 114
§ MEMBERS OF SECOND ARC ............................................................................................. 115
§ ADMINISTRATIVE REFORMS COMMITTEES .................................................................. 115
§ POLICE REFORMS .............................................................................................................. 118
§ PRESIDENTIAL VS PARLIAMENTARY ............................................................................. 121
§§§
ADMINISTRATIVE TRIBUNALS 113
§§§
114 GIST OF NCERT INDIAN POLITY
1. The Fifth Report from the Select Committee of the House of Commons on the
Affairs of the East India Company 1812
2. The Public Service Commission 1886-87
3. The Royal Commission upon Decentralization 1907-09
4. The Govt. of India Clerks’ Salaries Committee 1908
5. The Royal Commission on the Public Service in India 1914-17
6. The Report on Indian Constitutional Reforms 1918-19
7. Report of the Government of India Secretariat Procedure Committee 1919
8. The Indian Retrenchment Committee 1922-23
9. The Royal Commission on The Superior Civil Service in India 1924
10. The Reforms Enquiry Committee 1924
11. The Committee Appointed by the All-Parties Conference to Determine the
Principles of The Constitution for India 1928
12. The Indian Central Committee 1929
13. The Indian Statutory Commission 7930
14. The Sub-Committee on Services (Indian Round Table Con ference) 1932
15. The Government of India Secretariat Committee 1937
16. The Committee of Organisation and Procedure 1937
17. The Committee on The Selectors and Training of Candidates for the
India Civil Service 1944
18. Report on the Re-organisation of Central Government 1945-46
19. The Advisory Planning Board 1947
20. The Secretariat Re-organisation Committee 1947
21. The Central Pay Commission 1947
22. The National Committee 1948
23. The Economic Committee 1948
24. Re-organisation of The Machinery of Government 1949
25. Report on Public Administration 1951
26. Report on Efficient Conduct of State Enterprises 1951
27. Public Administration in India -Report of Survey 1953
28. The Railway Corruption Enquiry Committee 1955
29. The States Re-organisation Commission 1955
§§§
ADMINISTRATIVE TRIBUNALS 117
• These include fixing a two-year tenure officers of the rank of DSP and below.
for director generals of police, creating • It will be headed by a retired District
separate wings of law and order and Judge. The head and other members
investigation and better working and of these authorities would he
living conditions for cops. appointed by the state government in
• The report significantly outlines the consultation with the Chief Justice of
ways in which police can deal with the the high court and members would be
contemporary challenges like drawn from a panel prepared by the
terrorism and insurgency. Stale Human Rights Commission,
Lokavukra and the State Public
National Security Commission
Service Commission.
• There is a proposal to set up lie Reforms in Criminal Justice System
national security commission - for the
selection and placement of chiefs of Madhava Menon Panel Report
Central police organizations — to • A committee appointed by the Union
ensure that the DGPs of paramilitary Home Ministry on reforming the
forces like the BSF, CRPF, ITBP, SSB criminal justice system has suggested
and CISF tire selected in a fair manner major changes. including multiple
criminal codes based on the gravity
and have a fixed tenure of at least two
of offence and setting up a separate
years.
national authority to deal with crimes
• The national security commission impacting the county’s security.
could he headed by the Union Home • The committee headed by Madhava
Minister and comprise heads of Merton was appointed in May 2006.
Central police organisations and
• The report was submitted on 2 August
security experts as members.
2007 to Union Home Minister Shivraj
• In states, the State Sectuity Patil. Observations:
Commission would act as a watch dog
and be headed by the Chief Minister • The panel took into account the
or Home Minister with a DGP as widespread dissatisfaction with way
ex-officio secretary. The members of crimes were investigated and
the panel would he chosen in a criminals prosecuted. It noted that
manner that would ensure Its money and influence played
complete independence. significant role resulting in double
standards. The rich often get away
State Police Complaint Authority lightly and the poor are put to
suffering. The registration of
• State police complaint authority, to be
complaint for the poor is an ordeal.
headed by a retired Supreme Court or
High Court judge. would look after Recommendations
the complaints of misconduct against • One of the important
officers of the rank of SP and above recommendations is the creation of
while the district complaint authority multiple criminal codes.
would look into complaints against
§§§
120 GIST OF NCERT INDIAN POLITY
§§§
122 GIST OF NCERT INDIAN POLITY
15
Political Debate
Contents of The Chapter
§ PRESIDENTIAL VS PARLIAMENTARY .............................................................................. 122
§ SEPARATION OF POWER ................................................................................................... 125
§ JUDICIARY VS LEGISLATURE ........................................................................................... 126
§ LEGISLATIVE COUNCILS .................................................................................................. 127
§ JUDICIAL ACTIVISM .......................................................................................................... 130
§ JUDICIAL REVIEW .............................................................................................................. 133
§ IMPACT OF THE 42ND AMENDMENT ............................................................................... 134
§ JUDICIAL REFORM IN INDIA ............................................................................................ 135
§ NAXALISM - PERCEPTION AND REALITY ...................................................................... 138
§§§
POLITICAL DEBATE 123
• All judicial power shall be vested in consequently it can very well be said
one Supreme Court, and in such that our Constitution does not
inferior courts as Congress may from contemplate assumption by one organ
time to time ordain and establish. or part of the State, of functions, that
essentially belong to another.
Separation Power Used in India
• The executive indeed can exercise the
• Under the Indian constitution only powers of departmental or
executive power is ‘vested’ in the subordinate legislation when such
President while provisions are simply powers are delegated to it by the
made for a Parliament and judiciary legislature. It can also, when so
without expressly vesting the empowered, exercise judicial
legislative and judicial powers in any functions in a limited way.
person or body.
JUDICIARY VS LEGISLATURE
• Moreover, India has the same system
of parliamentary executive as in Conflict between legislature and the
England and the Council of Ministers judiciary has often given rise to anxiety and
consisting as it does of the members grave concern to the governments at the
of legislature is, like the British Centre and the States. The executive heaves a
Cabinet. Even, though the sigh of relief when the conflict gets resolved
Constitution of India does not accept or the matter is put in the cold storage after
strict separation of powers it provides initial heat over the powers each of these
for an independent judiciary with wings of the States enjoy under the
Constitution subsidies. There are a number of
extensive jurisdiction over the acts of
cases where friction between the two has
the legislature and the executive.
arisen. There has been a perennial conflict not
• The Constitution in article 50, only in India but also in England about the
however, specifically ordains respective rights and privileges of Members
separation of the Judiciary from the of Parliament and the Judiciary.
Executive. The vitality and
Indian Scene
importance of the doctrine of
separation of powers lies not in any • In India, under the written
rigid separation of functions, but in a Constitution, the three organs of the
working synthesis with the guarantee Government, viz. the Legislature,
of judicial independence. judiciary and the executive, have to
function within their respective
• Accordingly, the Indian Constitution powers and none of them can exceed
has not recognised the doctrine of its powers. Whether, any one of these
separation of powers in its absolute organs has exceeded its powers or not,
form but the functions of the different is a matter of judicial interpretation.
parts or branches of government have • In several decisions of the Supreme
been sufficiently differentiated and Court, it has been held that the
§§§
POLITICAL DEBATE 127
§§§
POLITICAL DEBATE 129
Upper House and in this way pressure Arguments Against Legislative Council
of work in the Lower House is
• In view of inherent weaknesses of
considerably reduced. This is always
Vidhan Parishads (Legislative
a welcome relief for the Lower House.
Councils), some critics are of the view
• It is accepted that law making process that these should be abolished.
has become time consuming and According to them, in case Parishad
sufficient time is taken by each House agrees with what is passed by the
before a bill becomes an Act. It is also Assembly then it is simply a
accepted that during this time, the superfluous House. In case, it does not
people get an opportunity to express then it will be characterized as a
their view point. mischievous. House and will be
• But when the bill goes to the Upper charged as citadel of reaction standing
House, the people are bit more clear on the way of policies and programme
as to what is going to be passed. of duly elected House.
Moreover, this time interval is always • Another criticism levied against this
a welcome because during this period House is that it is no check on the
the people can express them selves Assembly. A money bill can be
and if need be changes can even now delayed only for a period of 14 days,
be introduced. which is very insufficient period for
• It is also argued that Upper House the members to express their view
does not stand in any way on the point. Even in the case of non-money
determination of duly elected bills, it can only delay a bill for a
representatives of the people. All that period of 4 months and if the
they do is that they point out certain Assembly is bent upon passing a
drawbacks and shortcomings, which measure no efforts on the part of the
should always be welcome. These Parishad can check it.
Houses can serve very useful purpose • The Council of Ministers also does not
in case all political parties return there much fear from it because a vote of
men of eminence who have long and no confidence does not have any effect
varied experience of life and maintain for the Ministry.
a good position in society.
• It is also argued that the Parishads are
• If they are the people with the strength usually not even progressive. These
of character and also capacity to have no directly elected elements.
render service to the society, they can Some of the members are nominated
do a lot of good to the society. Only ones. Their composition is such that
those should be nominated who enjoy these are not supposed to know public
high reputation for their qualities of sentiments. Thus, the House is
head and heart and a spotless life characterised as reactionary and
career. conservative.
§§§
130 GIST OF NCERT INDIAN POLITY
§§§
134 GIST OF NCERT INDIAN POLITY
India and will prosper as long as the conflict with it in all or some of its
judiciary is respected and is not provisions then the provisions of
undermined by negative perceptions, constitution will prevail and the
which has overtaken upon the provisions of that pre-constitutional.
executive and the legislature.
IMPACT OF THE 42ND AMENDMENT
• There is concern among the public
The 42nd Amendment enacted during
about lack of transparency in judicial
the Emergency made far-reaching changes to
appointments and a sense of
curtail the powers of the courts and to make
increasing unease because of a lack of
the Parliament sovereign. Firstly, the 42nd
a credible mechanism to deal with
Amendment stated that no amendment to the
serious complaints against the higher
Constitution could be questioned in a Court
judiciary. of Law. And “for the removal of the doubts, it
JUDICIAL REVIEW is hereby declared that there shall be no
limitation what ever on the constituent power
• Law will not be in force until an of Parliament to amend by way of addition,
amendment of the constitution variation or repeal the provisions of this
relating to the same matter. constitution.” In this manner, through this
• In such situation the provision of that Amendment the Supreme Court’s power to
law will again come into force, if it is judicial review of constitutional amendments
compatible with the constitution as was taken away to establish the complete and
amended. This is called the Theory of total sovereignty of Parliament. The
Eclipse. Amendment stated that:
• In a similar manner, laws made after • A High Court cannot pronounce
adoption of the Constitution by the invalid any Central law,
Constituent Assembly must be • The Supreme Court shall not
compatible with the constitution, pronounce a State law as
otherwise the laws and amendments unconstitutional unless a Central law
will be deemed to be void-ab-initio. has also been challenged.
• Judicial review is actually adopted in Further, the minimum number of judges
the Indian constitution from the of the Supreme Court who shall sit to
constitution of the United States of determine the constitutional validity of any
America. In the Indian constitution, Central or State law shall be seven and in the
Judicial Review is dealt under Article case of High Court, five. It was also stated that
13. Judicial Review actually refers that a majority of not less than two- thirds of the
the Constitution is the supreme power judges hearing such a case must agree before
of the nation and all laws are under a law is declared invalid. But after this the 43rd
its supremacy. Article 13 deals that Amendment was passed which restored the
pre-emergency position of the Supreme
• All pre-constitutional laws, after the Court’s power of judicial review over laws
coming into force of constitution, if in passed by state legislatures and Parliament.
§§§
POLITICAL DEBATE 135
delivery system, its present pitfalls August 27) 1405 incidents of Naxal
and fault lines will have to be violence resulting in the death of 580
considered to ensure transparency persons. Casualties among security
and accountability of the judicial forces personnel have been quite high.
system. Altogether, 231 security forces
personnel lost their lives in Naxal
NAXALISM - PERCEPTION AND REALITY
violence in 2008, while 270 (Oct 15)
• Addressing the senior police officers personnel have already lost their lives
of the country on September 15, Prime this year so far.
Minister Manmohan Singh reiterated • The Ninth Congress of the People’s
that left-wing extremism is perhaps War Group held in 2007 “reaffirmed
“the gravest internal security threat the general line of New Democratic
our country faces”, and deplored that Revolution with agrarian revolution
“we have not achieved as much as its axis and protracted people’s war
success as we would have liked in as the path of the Indian revolution”,
containing this menace”. and resolved to “advance the people’s
• The Naxal influence has indeed war throughout the country, further
spread over a huge geographical area. strengthen the people’s army, deepen
According to the Home Minister’s the mass base of the party and wage a
own statement, various Naxal group broad-based militant mass movement
have pockets of influence in 20 states against the neo-liberal policies of
across the country, and over 2000 globalization, liberalization,
police station areas in 223 districts of privatization.”
these states are partially or • Naxal activities have since then been
substantially affected by the menace. on a canter. The expansion of Naxal
• The states particularly affected are influence is also to be attributed to
Andhra Pradesh, Bihar, Chhattisgarh, their plan to take the battle to new
Jharkhand, Madhya Pradesh, fields. This was spelled out by the
Maharashtra, Orissa, Uttar Pradesh, party’s politbureau in one of its policy
West Bengal, Kerala, Karnataka, Tamil documents where it was mentioned
Nadu, and Haryana. that “we have to further aggravate the
• Naxal violence has been on a high situation and create more difficulties
trajectory. There have been violent to the enemy forces by expanding our
incidents in about 400 police station guerrilla war to new areas on the one
areas of 90 districts in 13 states. There hand and intensifying the mass
were, in 2008, a total of 1591 incidents resistance in the existing areas so as
of Naxal violence resulting in 721 the disperse the enemy forces over a
killings. sufficiently wider area; hence the
• This year, there have already been (till foremost task in every state is to
§§§
140 GIST OF NCERT INDIAN POLITY
intensify the war in their respective targets which gave employment to thousands
states while in areas of intense enemy of people including the tribals in different
repression there is need to expand the states, particularly those falling in the so called
area of struggle by proper planning Red Corridor. Home Ministry statistics show
by the concerned committees; tactical the following numbers of attacks on economic
counter-offensives should be stepped targets during the last few years:
up and also taken up in new areas so 2006 71
as to divert a section of the enemy 2007 80
forces from attacking our guerrilla 2008 109
bases and organs of political power.” 2009 56 (till June)
• While it is true that the Naxal The following establishments were
movement is on a high trajectory and particularly targeted:
that its arc of violence is expanding, Railways 122
it is also true that there has been
Telecom 83
considerable dilution in its ideology.
Mines, Steel Plants 59
The present generation of Naxal
leaders are obsessed with the idea of Transmission lines 42
capturing power with the barrel of the • In a document Tasks Ahead, the party
gun, and the success of Maoists in says that “the people should be
Nepal seems to have turned their educated as to how the entire region
head. is being handed over to the
comprador big business houses like
• They do not realise that the accretion
the Tatas in Lohandiguda, Essar in
in their influence and support has not
Dhurli, NMDC’s proposed steel
been so much due to the relevance or
plants in Nagarnaar and Dilimili,
even appeal of their ideology as due
Raoghat mines and the Bodhghat
to the inefficiency and corruption of
projects.
the government which has generally
failed to deliver, particularly in the far • The conspiracy should be exposed
flung remote areas. An analysis of and a broad-based movement built
some of the basic concepts would against displacement.” The land
bring this out. acquisition for Tata’s five million
tonne steel project at Jagdalpur has
Anti – Development
been hampered by the Maoists who
The Naxals blame the government for have infiltrated the farmers’ outfit
poverty, for poor development, and for the seeking better payment and resisting
absence of basic amenities in the interior areas. land acquisition.
And yet, ironically they have adopted an anti- • Officials allege that the Naxals do not
development posture. According to a report, want of any economic activity in the
the Naxals have, during the period January
areas of their influence because they
2006 to June 2009, attacked 316 economic
feel that once the administration fills
§§§
POLITICAL DEBATE 141
§§§
144 GIST OF NCERT INDIAN POLITY
16
Multiple Choice Question
1. Match the following features of the (a) Sovereignty lies with the executive
Indian Constitution and their sources. of the country
I II (b) Sovereignty lies with the President
(A) Bill of Rights and (c) Sovereignty lies with the people of
Judicial Review 1. England India
(B) Parliamentary system (d) Sovereignty lies with the elected
of democracy 2. Ireland represent-atives of the people of
(C) Directive Principles 3. U.S.A. India
(D) Residuary powers 4. The Preamble to the Constitution of
with Centre 4. Canada India reads:
Codes: (a) We, the people of India .... in our
(a) A-4, B-1, C-2, D-3 Constitution Assembly,... enact and
(b) A-1, B-2, C-3, D-4 give to ourselves this Constitution
(c) A-3, B-4, C-2, D-1 (b) We, the people of India ….in this
(d) A-3, B-1, C-2, D-4 Constituent Assembly... decide to
2. In what way is the Indian Constitution enact and give to India this
Constitution.
rigid?
(c) We, the people of India ….through
(a) The provisions of the Constitution the representatives of this
can be amended with two-thirds Constituent Assembly. enact and
majority of Parliament alone give to ourselves this Constitution.
(b) The Centre alone can initiate (d) We, the members of the Constituent
amendments Assembly,... representing the people
(c) The provisions regarding of India enact this Constitution.
constitutional relationship between 5. Put the following in the ascending
Union and State Governments can
order with regard to their years of
he amended only with the joint
creation.
consent of Central and State
Legislatures I. Andhra Pradesh II. Gujarat
(d) The Indian Constitution is not rigid III. Nagaland IV. Meghalaya
V. Haryana
3. “We the people of India having (a) I, II, III, IV, V
solemnly resolved to constitute India (b) II, I, III, V, IV
into a Sovereign Democratic Republic (c) I, II, III, V, IV
and to secure to all citizens...” From (d) II, V, I, III, IV
this statement we can conclude 6. The detailed provisions regarding
acquisition and termination of Indian
§§§
MULTIPLE CHOICE QUESTION 145
citizenship are contained in the (a) can never be taken away in any
Citizenship Act which was passed by: condition
(a) the Indian Parliament in 1955 (b) can be taken away only according to
(b) the Indian Parliament in 1950 procedure established by law
(c) the British Parliament in August (c) can be taken away during the
1948 Emergency through Presidential
(d) the Constituent Assembly in 1949 order
7. How can the Fundamental Rights be (d) none of the above
protected by a citizen? 12. The phrase ‘procedure established by
(a) By approaching the Supreme Court law’
which will issue appropriate writs (a) gives immense powers in the hands
against the authority of the courts regarding judicial
(b) Parliament will take note of such review
violations and tell the courts (b) gives the authority to the courts to
(c) The Executive will inform the Courts go into the question as to whether a
(d) It is automatically protected law is ‘due’ i.e. just or not
(c) limits the authority of the Indian
8. Which Fundamental Right cannot be
Courts in judicial review and the
suspended even during an emergency
courts cannot go into the question as
tinder Article 352 of the Constitution?
to whether a law is just or not
(a) Right to equality (d) None of the above is correct
(b) Right to freedom of speech and
13. What was the main decision of the
expression
Supreme Court in the Golak Nath case
(c) Right of life
(d) Right to constitutional remedies regarding the amendment of the
Fundamental Rights by the
9. Which one of the following has been
Parliament?
wrongly listed as a freedom provided
to the Indian citizens under Article 19? (a) The Parliament had the right to
amend the Fundamental Rights
(a) Freedom of speech and expression
(b) The ordinary elected Parliament has
(b) Freedom of residence and settlement
no right to amend the Fundamental
(c) Freedom of profession
Rights included in the Constitution
(d) Freedom of press
which were quite sacred
10. Cultural and Educational rights (c) The Parliament had the right even
include. to repeal the Fundamental Rights
(a) Right of minorities to establish and (d) None of the above
administer their educational 14. What was the main judgement of the
institutions Supreme Court regarding
(b) Right of minorities to promote their
Parliament’s right to amend the
language
Fundamental Rights in the
(c) Right against discrimination for
admission to educational Kesavananda Bharati case?
institutions on the grounds of (a) The Supreme Court took away the
religion, race or caste right of Parliament to amend the
(d) All of these Fundamental Rights
11. The Indian Constitution declares that (b) The Supreme Court declared that
protection of life and liberty Parliament had no right to amend
§§§
146 GIST OF NCERT INDIAN POLITY
§§§
MULTIPLE CHOICE QUESTION 147
(b) no money bill or demand for grant (c) Order reduction of salaries and
can be introduced or moved in the allowances of all civil servants
Parliament unless it has been (d) Order the reduction of the salaries
recommended by the President of the Supreme Court and High
(c) The may direct the Chief Justice of Court judges
the Supreme Court to take over a 25. Which of the following is/are correct?
particular case for disposal I. No formal impeachment is required
(d) he calls upon the party enjoying for the removal of the Vice-President
majority in the Lok Sabha to choose II. No functions are attached to the
its leader who is then appointed as office of the Vice-President as such
the Prime Minister III. Dispute regarding election of Vice-
22. The Law Officers who hold office at President is referred to the Election
the pleasure of the President are Commission
IV. If the election of a President or the
(a) The Chief Justice of the Supreme
Vice-President is declared void acts
Court and the Attorney General
done by him prior to the date of such
(b) The Attorney General and the
decision shall be invalidated
Solicitor General
(a) I, II, III
(c) The Attorney General and the Law
Minister (b) I, III, and IV
(d) The Law Minister and any judge of (c) I and II (d) All four
the Supreme Court or of a High 26. What do you understand from the
Court phrase ‘Collective responsibility of the
23. A Member of Parliament or a State Cabinet’ to the Lok Sabha?
Legislature can be elected as (a) The Cabinet is ultimately
President, but answerable for all the acts of the
I. he has to resign his seat before ruling party taken together
contesting election (b) The action of the Cabinet is the
II. he has to relinquish his seat as soon action of each member, and that the
as he is elected Cabinet is responsible as a whole for
III. he has to relinquish his seat within the action of each member
six months of his election (c) The Ministers are responsible to each
(a) Only I (b) II other collectively
(c) III (d) None of the above
(d) A Member of Parliament can contest 27. Which one of the following functions
but a member of State Legislature of the Prime Minister has been
cannot contest wrongly listed?
24. Which one of the following steps (a) he presides over the meeting of the
cannot be taken by the President cabinet
during Financial Emergency? (b) he prepares the agenda for the
(a) Direct the Union and State meetings of the cabinet
Governments to observe such (c) he coordinates the working of
canons of financial propriety as he various departments
deems desirable (d) he chairs the meetings of the various
(b) Suspend the Fundamental Rights of standing and ad hoc committees of
the Indian Citizens parliament.
§§§
148 GIST OF NCERT INDIAN POLITY
28. The legislative functions of the not exceeded or used for other
Council of Ministers include the right purpose
to: II. He submits reports of the President
and the Governor
(a) summon and prorogue the two
III. He should keep a vigilant eye on the
Houses of Parliament
finances of the Union as well as the
(b) nominate two Anglo-Indian
States
members of Lok Sabha
(a) I and II (b) II
(c) nominate some members to Rajya
(c) II, III (d) All of them
Sabha
(d) Introduce important bills and 32. Which of the following ensure the
resolutions in the Parliament independence of the Comptroller and
29. The Council of Ministers is to aid and Auditor-General of India?
advise the President in the exercise of I. Only the President can remove him
his functions: on the grounds of proved
misbehaviour
(a) but the President is not bound to
II. His salary and conditions of service
accept its advice
shall be statutory, i.e. laid down by
(b) but the President may use his parliament by law and shall not be
discretion in certain matters liable to variation during his term of
(c) but the President may avoid seeking office
its advice or over rule the Council III. The salaries of the Auditor-General
of Ministers and his staff and administrative
(d) and the President is bound to act on expenses of his office shall be
the advice of the Council of charged upon the revenue of India
Ministers and shall be non-votable
30. Which of the following is/are not (a) I, II (b) II, III
true? (c) III (d) All of these
I. There is no bar to the appointment 33. The Consolidated Fund of India is a
of a person from outside the common pool in which
Legislature as Minister. (a) all taxes collected by the
II. A Minister who is a Member of one Government of India are deposited
House cannot speak or take part in (b) equal contributions from the Centre
proceedings of the other House. and States are made and out of
III. A Minister who is a Member of one which money can be taken as loan
House has no right to vote in the to meet unforeseen contingencies
House of which he is not a member. (c) all money received by or on behalf
(a) II and III (b) I and II of the Government of India in the
(c) I and III (d) II shape of revenues, fresh loans and
31. The office and functions of the money received in repayment of
Comptroller and Auditor-General of loans etc. are deposited
(d) States, Union Territories and Central
India include which of the following?
Government contribute ten per cent
I. He ensures that the moneys voted of their revenues
by the legislature are spent under
34. Vote on account is made by the Lok
appropriate heads and that they are
Sabha
§§§
MULTIPLE CHOICE QUESTION 149
(a) to meet the additional expenditure 38. The Lok Sabha and the Rajya Sabha
incurred by the government on any sit jointly when
approved item of expenditure (a) they feel it necessary
during the supplementary budget (b) there is a disagreement between the
(b) to meet expenditure on secret service two Houses
(c) meet expenditure for a period before (c) the President summons both the
the passing of the annual budget Houses
(d) to meet expenditure on unexpected (d) two years have lapsed after the last
demand meeting
35. One of the following is not a method 39. The members nominated by the
by which the Parliament expresses President to the Rajya Sabha are from
lack of confidence in the Council of amongst persons:
Ministers: (a) who are members of Lok Sabha
I. Rejecting a bill introduced by a (b) who suffered imprisonment during
Minister freedom movement
II. Declaring that the taxes proposed (c) who are seasoned politicians
have to be reduced (d) none of the above
III. Passing a bill introduced by a private 40. Which one of the following statements
member to which the Council of is correct?
Ministers is opposed
(a) one-third of the members of Rajya
(a) I (b) I and III
Sabha retire every year
(c) II (d) III
(b) two-thirds of its members retire
36. The Constitution provides that a every two years
House of Parliament may declare a (c) one-third of its members retire every
seat vacant: two years
I. in the case of a member who is guilty (d) all the members retire every two
of breach of privilege of the House years
II. in the case of a member who has 41. The functions of the Estimates
been absent for 60 days without the Committee of Parliament do not
permission of the House
include:
III. if a member resigns in no case
IV. in no case (a) presenting annually to Parliament
(a) I (b) I and II an Economic Survey report on the
(c) IV (d) I, II, III country’s state of economy
(b) reporting on what economies,
37. Which one of the following does not
improvement in organisation, or
fall within the financial powers of the
administrative reforms can be
Indian Parliament? effected
(a) No taxes can be levied without the (c) examining whether the money is
consent of the Parliament well laid out within the limits of the
(b) No expenditure can be incurred policy implied in the estimates
without the sanction of the (d) suggesting the form in which
Parliament estimates should be presented to
(c) The Parliament can propose any tax Parliament
(d) The Parliament can reduce or reject
42. Which one of the following statements
the demands of the Government
about the Parliamentary committee
§§§
150 GIST OF NCERT INDIAN POLITY
49. Which one of the following is not III. It considers the report of the State
legislative power of the State Council Public Service Commission
of Ministers? (a) I (b) II
I. Summoning and proroguing the (c) I and II
session of either or both the Houses (d) None is incorrect
of the State Legislature 53. The special status of the State of
II. Determining the business and Jammu and Kashmir
timetable of the State Legislature (a) does not prevent the Union
III. Introducing the important Bills in Government from making changes
the State Legislature in the name and boundaries of the
(a) I (b) III State
(c) II (d) I and II
(b) does not prevent the President from
50. Which one of the following is not a exercising his right to suspend the
financial power of State Council of constitutional machinery of the State
Ministers? on the ground that the State
I. Formulating the budget proposals Government has failed to carry out
and presenting the same to the State directions of the Union Government
Legislature for approval (c) does not prevent the Union
II. All proposals for taxation emanate Government from making any
from the Council of Ministers international agreement affecting the
III. Regulating the Contingency Fund of State without taking the consent of
the State and advancing money out the State Legislature
of it to meet the unforeseen (d) prevents the Union Government
contingencies from making any alteration in the
(a) I (b) II name and boundaries of the state
(c) III (d) II and III
54. The Supreme Court of India does not
51. Which one of the following statements
have original jurisdiction in the
is correct?
settling of disputes
I. The Governor is the ex-officio
Chairman of the Legislative Council. (a) between the Government of India
II. The Speaker of Legislative Assembly and any State of the Union
also acts as the Chairman of the (b) between two or more States
Legislative Council. (c) between the Government of India
III. The Council elects its own Chairman and one State on one hand and other
from amongst its members. States on the other hand
(a) I (b) II (d) arising out of any trreaty or
(c) III (d) None agreement
52. Which one of the following powers of 55. The phrase ‘procedure established by
the State Legislature has been the law’ means
incorrectly given ? (a) the judges in India cannot question
I. It takes part in the election of the the fairness or validity of a law,
President provided it is within the limits of the
II. It plays an important role in Constitution
amendment of the Constitution (b) judges in India can question the
fairness or validity of an undue law
§§§
152 GIST OF NCERT INDIAN POLITY
even if it is within the limits of the expenditure in the Union and State
Constitution budgets
(c) judges in India can declare a law (b) recommendation of the distribution
invalid simply because in their between the Union and the States of
opinion the law is not due or is the net proceeds of taxes
unjust (c) recommendation of the allocation to
(d) None of the above the States of the respective shares of
56. The High Court enjoys the power such tax proceeds
I. To issue writs for the enforcement of (d) recommendation of the principles
rights conferred on the citizens of which govern the Grants-in-Aid of
India the revenue of the States out of the
II. To exercise superintendence over the Consolidated Fund of India.
working of Courts and Tribunals 60. What can the President do if the States
under its jurisdiction fail to comply with the Directives of
III. To make general rules and prescribe the Central Government?
forms regulating the practices and
proceedings of Courts under its (a) The President can send reserve
jurisdiction police to the State to secure
(a) I (b) I and Ill compliance
(c) II and III (d) All of them (b) The President can declare the
57. The ordinary Judges of the State High breakdown of Constitutional
Court are appointed by the President machinery in the State and assume
on consultation with responsibility for the governance of
the State
I. The Chief Justice of the High Court
II. The Chief Justice of India (c) The President can dissolve the State
III. The Governor of the State Legislature and order fresh election
(a) I (b) I and II (d) The President cannot do any of the
(c) II and III things mentioned in (a), (b) and (c)
(d) I, II and III 61. Which of the following is not one of
58. The Parliament can make a law on a the qualifications prescribed in Article
subject in the State List when 326?
I. A Proclamation of Emergency is in (a) He should not be less an twenty-one
force years of age
II. Two or more States make a request (b) He should be citizen of India
to the Parliament to make a law on a (c) He should not hold any office of
subject profit under the Government of
III. Rajya Sabha passes are solution that India
such subjects have acquired national (d) He should not be otherwise
importance disqualified on the ground of
(a) Only I (b) I and II
unsoundness of mind, crime, or
(c) II and III (d) All of these
corrupt or illegal practice.
59. The jurisdiction of the Finance
62. Which one of the following feature
Commission does not extend to
regarding organisation of Parties in
(a) recommendation of the allocation of
funds among the various heads of
India has been wrongly listed?
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MULTIPLE CHOICE QUESTION 153
(a) nominated by the British Parliament (1) Art. 32 (2) Art. 226
(b) nominated by the Governor General. (3) Art. 227 (4) Art. 245
(c) elected by the Legislative (a) 1, 2, 3 (b) 1, 3, 4
Assemblies of various provinces. (c) 1, 2, 4 (d) 1, 2, 3 & 4.
82. List I List II
(d) Elected by the Indian National
Congress & Muslim League (Schedule of (Subject
constitution) matter)
80. Match List-I with List-II and select the
A. 4 I. Land reform
correct answer using the codes given
B. 6 2. Language
below C. 8 3. Council of State
List I List I D. 9 4. Tribal areas
(Article of (Provision)
Codes
constitution)
A. Art 101 (4) 1. The speaker of the A B C D
Lok Sabha shall (a) 1 2 3 4
preside over a joint (b) 2 3 4 1
sitting of the two houses (c) 3 4 2 1
of parliament (d) 4 2 1 3
B. Art 110(4) 2. The house may
declare a seat vacant if 83. Match the List.
the member in List I List II
question absents (Acts of Colonial
himself from all the Govt. of India)
meetings of the house (A) Charter Act. 1813 (1) Set up a board
for a period of 60 days of control in
without permi-ssion Britain to fully
of the houses. regulate the
C. Art 118(4) 3. When a Money Bill is East India
transferred from the Company’s
lower to upper house, affairs in
the speaker shall India.
endorse on the bill his (B) Regulating Act (2) Company’s
certificate that it is a trade
money bill monopoly in
Select the correct code India was
A B C ended.
(a) 1 2 3 (C) Act of 1858 (3) The power to
(b) 2 1 3 govern was
(c) 2 3 1 transferred
81. Which of the following Articles of the from the East
Constitution of India have been India
company to
declared by the Supreme Court as the
the British
inviolable civic structure of the crown.
constitution ?
§§§
MULTIPLE CHOICE QUESTION 157
(D) Pitt’s India Act (4) The (3) A National level political party is one
company’s which is recognized in 4 or more
directors were states.
asked to (4) During 1999 general elections, there
present to the were six national and 48 state level
British govt. parties recognized by Election
all Commission.
correspondence Which one is correct statement ?
and (a) 1, 2, & 4 (b) 1, 2, 3
documents (c) 2, & 4 (d) l, 2, 3 & 4
pertaining to
the ad- 86. Match the list
ministration of (Art. of the (Content)
the company. constitution)
(A) Art. 54 1. Election of President
Codes :
Council of Ministers
A B C D (B) Art. 75 2. Appointment of P.M.
(a) 2 4 3 1 & Council of Ministers
(b) 1 3 4 2 (C) Art. 155 3. Appointment of
(c) 2 3 4 1 Governor of State
(d) I 4 3 2 (D) Art. 164 4. Appointment of C.M.
84. With reference to colonial period of & Council of Ministers
Indian history, match List I (person) of State.
with List II (events) 5. Composition of
(Person) (Events) Legislative Assembly
(A) MacDonald 1. Doctrine of Lapse Codes :
(B) Linlithgow 2. C o m m u n a l A B C D
Award (a) 1 2 3 4
(C) Dalhousie 3. August Offer (b) 1 2 4 5
(D) Chelmsford 4. Dyarchy (c) 2 1 3 5
Codes : (d) 2 1 4 3
A B C D 87.Consider the following statements about
(a) 3 2 1 4 the minorities in India:
(b) 3 2 4 1 (1) The Govt. of India has notified five
(c) 2 3 1 4 communities namely, Muslims,
(d) 2 3 4 1 Sikhs, Christians, Buddhists and
85. Consider the following statements Zoroastrians as minorities.
regarding the political parties in India (2) The National Commission for
(1) The Representation of the Peoples minorities was given statutory status
Act, 1951 provide for registration of in 1993.
political parties. (3) The smaller religious minority in
(2) Registration of political parties is India are the Zoroastrians.
carried out by the election (4) The Constitntion of India recognises
commission. and protects religious and linguistic
minorities.
§§§
158 GIST OF NCERT INDIAN POLITY
§§§
MULTIPLE CHOICE QUESTION 159
ANSWERS
1. (d) 2. (c) 3. (c) 4. (a) 5. (c) 6. (a) 7. (a) 8. (c) 9. (d) 10. (d)
11. (b) 12. (c) 13. (b) 14. (c) 15. (a) 16. (a) 17. (d) 18. (a) 19. (a) 20. (c)
21. (c) 22. (b) 23. (b) 24. (b) 25. (c) 26. (b) 27. (d) 28. (d) 29. (d) 30. (d)
31. (d) 32. (c) 33. (c) 34. (d) 35. (c) 36. (b) 37. (c) 38. (b) 39. (d) 40. (c)
41. (a) 42. (b) 43. (d) 44. (d) 45. (d) 46. (d) 47. (d) 48. (d) 49. (a) 50. (c)
51. (c) 52. (d) 53. (d) 54. (d) 55. (a) 56. (d) 57. (d) 58. (d) 59. (a) 60. (b)
61. (c) 62. (c) 63. (d) 64. (b) 65. (c) 66. (d) 67. (d) 68. (a) 69. (c) 70. (c)
71. (d) 72. (c) 73. (a) 74. (c) 75. (a) 76. (d) 77. (c) 78. (a) 79. (c) 80. (c)
81. (a) 82. (c) 83. (a) 84. (c) 85. (d) 86. (a) 87. (d) 88. (a) 89. (a) 90. (a)
91. (a) 92. (b) 93. (a) 94. (c) 95. (a) 96. (d) 97. (c) 98. (b) 99. (c) 100. (d)
101. (a) 102. (a) 103. (a) 104. (c) 105. (a) 106. (c) 107. (c) 108. (b) 109. (c) 110.(d)
111. (b) 112. (a) 113. (b) 114. (a) 115. (b)
§§§