GS Score Political Science 2018 - Test - 2

IAS 2018
POLITICAL SCIENCE
TEST SERIES
By: Dr. PIYUSH CHAUBEY
TEST: 2
www.iasscore.in
Political Science Test Series 2018
TEST - 02
POLITICAL SCIENCE
Time Allowed: 3 hrs. Max. Marks: 250
SECTION - A
1. Answer the following questions in about 150 words each:
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(a) Satyagraha versus passive resistance (10)
(b) Discuss the need for internal democracy in Political Parties in India. (10)
OR
(c) Secularism is contested idea in the Indian scenario. Discuss. (10)
(d) Role of Strong Opposition in democracy (10)
(e) Role of Pressure Groups in Policy Formulation (10)
SC
2. Attempt all questions:

(a) Briefly discuss the impact of colonial legacy on post-independence India with special
emphasis on Political, Administrative and social scenarios. (15)
(b) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 has
been centre of controversy due to recent judgement of SC. Critically examine the
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issue with focus on the recent SC judgement. (15)

(c) Enumerate the recent factors responsible for decline in Parliamentary efficiency and
suggest measures to reverse this trend. (20)
(a) Discuss in detail the issues related to appointment of election commissioner and
remedial steps which need to be taken. (15)
(b) Discuss the agrarian and peasant perspective of Indian national movement. (15)
(c) What do you understand by the term Hybrid Electoral system and also analyse why
there is increased demand for its introduction in India? (20)
(a) Women Commission has played a vital role in addressing issues of protection and
empowerment of Women. Discuss. (15)
(b) Nature and Evaluation of Land Reforms in India after Independence. (15)
(c) Explain the nature of political democracy and its relationship with development
during 1967-1990. (20)
Political Science [1]

SECTION - B
5. Answer the following questions in about 150 words each:

(a) Marxist perspective on Indian National Movement (10)
(b) Jammu and Kashmir and Article 35A (10)
(c) Radical humanist perspective of Freedom struggle by M.N Roy. (10)
(d) Functional criticism of Indian CAG. (10)
(e) Issues pertaining to Judicial Accountability and need for reforms. Discuss. (10)
(a) The evolving profile of legislators in Indian parliament offers both opportunities
and challenges. Discuss. How has the changing nature of leadership in parliament
affected its efficiency? (15)
(b) From one party dominance to a multi-party power sharing model, India has seen
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diverse phases of Coalitional politics. Describe this evolution briefly phase wise.
Do you agree that benefits and challenges associated with Coalition governments
exist simultaneously? (15)
OR
(c) Elaborate with examples the nature of class inequality in India. What role was
played by impact of colonial influence in emergence of this? (20)
SC
(a) Discuss evolution of state autonomy movement in India; discuss political and economic
factors that shape the federal nature of Indian State. (15)
(b) Unless there are adequate number of judges, speedy and efficient justice will remain
a distant dream. (15)
(c) Comment on the issue of balance between Fundamental rights and parliamentary
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privileges with recent examples. (20)

(a) The 'Nehruvian Consensus' was mix of principle and pragmatism. Substantiate with
examples. (15)
(b) Discuss the constitutional challenges arising out of the issue of Office of Profit with
recent examples. (15)
(c) Analyse the factors which have led to tussle of power between centrally appointed
Lt. Governors and popularly elected Chief Ministers in Union territories. In what
ways do Union territories differ from States in executive and legislative process?
(20)

[ 2 ] Political Science
TEST - 02
POLITICAL SCIENCE
Time Allowed: 3 hrs. Max. Marks: 250
Instructions to Candidate
• There are EIGHT questions. Candidate has to attempt FIVE questions in all.
• Question no. 1 and 5 are compulsory and out of the remaining, THREE are to be attempted.
• Answers must be written in the medium authorized in the Admission certificate which must
be stated clearly on the cover of this Question-cum-Answer (QCA) booklet in the space
provided. No marks will be given for answers written in medium other than the authorized
one.
• Word limit in questions, wherever specified, should be adhered to.
• Attempts of questions shall be counted in chronological order. Unless struck off, attempt of
a question shall be counted even if attempted partly. Any page or portion of the page left
blank in the answer book must be clearly struck off.
Name _______________________________
Mobile No.___________________________
1. Invigilator Signature _______________ Date ________________________________
2. Invigilator Signature _______________ Signature ____________________________
2
REMARKS
Remarks
3
Roll No.____________
SECTION A
1. Answer the following questions: (150 Words Each) (10 × 5 = 50)
(a) Satyagraha versus passive resistance
(b) Discuss the need for internal democracy in Political Parties in India.
(c) Secularism is contested idea in the Indian scenario. Discuss.
(d) Role of Strong Opposition in democracy
(e) Role of Pressure Groups in Policy Formulation
Remarks
4
Remarks
5
Remarks
6
Remarks
7
Remarks
8
Remarks
9
Remarks
10
Remarks
11
(a) Briefly discuss the impact of colonial legacy on post-independence India with special
emphasis on Political, Administrative and social scenarios.
(200 Words) (15 Marks)
(b) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 has been
centre of controversy due to recent judgement of SC. Critically examine the issue
with focus on the recent SC judgement. (200 Words) (15 Marks)
(c) Enumerate the recent factors responsible for decline in Parliamentary efficiency and
suggest measures to reverse this trend. (250 Words) (20 Marks)
Remarks
12
Remarks
13
Remarks
14
Remarks
15
Remarks
16
Remarks
17
Remarks
18
Remarks
19
(a) Discuss in detail the issues related to appointment of election commissioner and
remedial steps which need to be taken. (200 Words) (15 Marks)
(b) Discuss the agrarian and peasant perspective of Indian national movement.
(c) What do you understand by the term Hybrid Electoral system and also analyse why
there is increased demand for its introduction in India?
Remarks
20
Remarks
21
Remarks
22
Remarks
23
Remarks
24
Remarks
25
Remarks
26
Remarks
27
(a) Women Commission has played a vital role in addressing issues of protection and
empowerment of Women. Discuss. (200 Words) (15 Marks)
(b) Nature and Evaluation of Land Reforms in India after Independence.

(c) Explain the nature of political democracy and its relationship with development
during 1967-1990. (250 Words) (20 Marks)
Remarks
28
Remarks
29
Remarks
30
Remarks
31
Remarks
32
Remarks
33
Remarks
34
Remarks
35
SECTION B
5. Answer the following questions: (150 Words each) (10 × 5 = 50)
(a) Marxist perspective on Indian National Movement
(b) Jammu and Kashmir and Article 35A
(c) Radical humanist perspective of Freedom struggle by M.N Roy.
(d) Functional criticism of Indian CAG.
(e) Issues pertaining to Judicial Accountability and need for reforms. Discuss.
Remarks
36
Remarks
37
Remarks
38
Remarks
39
Remarks
40
Remarks
41
Remarks
42
Remarks
43
(a) The evolving profile of legislators in Indian parliament offers both opportunities
and challenges. Discuss. How has the changing nature of leadership in parliament
affected its efficiency? (200 Words) (15 Marks)
(b) From one party dominance to a multi-party power sharing model, India has seen
diverse phases of Coalitional politics. Describe this evolution briefly phase wise.
Do you agree that benefits and challenges associated with Coalition governments
exist simultaneously? (200 Words) (15 Marks)
(c) Elaborate with examples the nature of class inequality in India. What role was played
by impact of colonial influence in emergence of this? (250 Words) (20 Marks)
Remarks
44
Remarks
45
Remarks
46
Remarks
47
Remarks
48
Remarks
49
Remarks
50
Remarks
51
(a) Discuss evolution of state autonomy movement in India; discuss political and
economic factors that shape the federal nature of Indian State.
(b) Unless there are adequate number of judges, speedy and efficient justice will remain
a distant dream. (200 Words) (15 Marks)
(c) Comment on the issue of balance between Fundamental rights and parliamentary
privileges with recent examples. (250 Words) (20 Marks)
Remarks
52
Remarks
53
Remarks
54
Remarks
55
Remarks
56
Remarks
57
Remarks
58
Remarks
59
(a) The 'Nehruvian Consensus' was mix of principle and pragmatism. Substantiate
with examples. (200 Words) (15 Marks)
(b) Discuss the constitutional challenges arising out of the issue of Office of Profit
with recent examples. (200 Words) (15 Marks)
(c) Analyse the factors which have led to tussle of power between centrally appointed
Lt. Governors and popularly elected Chief Ministers in Union territories. In what
ways do Union territories differ from States in executive and legislative process?
Remarks
60
Remarks
61
Remarks
62
Remarks
63
Remarks
64
Remarks
65
Remarks
66
Remarks
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POLITICAL SCIENCE
Answer Hints: Test No.2
SECTION A
1. (a) Satyagraha versus passive resistance

SATYAGRAHA VERSUS PASSIVE RESISTANCE
• Satyagraha is the name of the Gandhian, non-violent way of political action to resist and
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transform untruthful and violent systems of social or political power. During 1906-14, Gandhi
successfully used such a way of political action to resist the policy of racial discrimination,
which the British colonial government of South Africa had adopted against the Indian
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immigrants.
• Gandhi acknowledged that his theory of Satyagraha was influenced to some extent by
Henry David Thoreau’s writings. In Thoreau’s essay, “On the Duty of Civil Disobedience”,
Gandhi found confirmation of his views on coercive features of state and on the individual’s
obligation to his own conscience.
SC
• Gandhi’s initial struggles against racial discriminations in South Africa were described as
‘Passive Resistance’. But, he soon found the English term to be unsatisfactory, partly because
it was not intelligible to ordinary Indians and partly because it did not convey the special
characteristic of his method of political struggle.
• Hence, in 1906, he invited the readers of his weekly, Indian Opinion, to suggest an alternative
name. The best of the suggestions received was Sadagrah, meaning “firmness in a good
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cause.” Gandhi changed it to Satyagraha as it conveyed his preferred idea of “truth force.”
• He explained his choice in the following words: Truth (satya) implies love, and firmness
(agraha) engenders and therefore serves as a synonym for force. I thus began to call the
Indian movement “satyagraha” that is to say, the force which is born to Truth and Love or
non-violence, and gave up the use of the phrase “passive resistance.”
• Gandhi distinguished between body-force = brute-force = the force of arms from soul
force = love force = truth force. He referred to the former as the method of violence,
which, he said, is celebrated in and by modern civilization.
• Satyagraha, he said, relies on soul-force or truth-force and is appropriate to Swaraj. He
wrote: ‘Satyagraha…. is a method of securing rights by personal suffering; it is the
reverse of resistance by arms. When I refuse to do a thing that is repugnant to my
conscience, I use soul-force’.
• According to Gandhi, Satyagraha was both practically necessary and morally desirable for the
Indian Freedom Movement. He said that since the “English are splendidly armed”, it would
take many, many years for the Indians to arm themselves in a matching or effective manner.
More than this practical difficulty, Gandhi disapproved of the immorality of the method of
violence. He pointed out that “to arm India on a large scale is to Europeanise it” or, in other
words, to continue to be seduced by the morally flawed modern European civilization.
Hints: Political Science [1]

According to Gandhi, the distinctive features of Satyagraha, in comparison with “passive resistance,”
are as follows:
• While the passive resisters harbour hatred toward their adversaries, the satyagrahis view
their opponents with love.
• The passive resisters, unlike the Satyagrahis, may harass and injure their opponents.
• Satyagraha, unlike passive resistance, can be offered even to one’s nearest and dearest ones.
• Passive resistance is a resistance by the weak and helpless, and it does not exclude the
use of violence, whereas Satyagraha is a moral-political action by the strong, and it
excludes the use of violence. Believing themselves to be weak, the passive resisters would
tend to give up the struggle at the earliest opportunity.
“On the other hand,” Gandhi wrote, “if we offer satyagraha believing ourselves to be strong, two
clear consequences follow. Fostering the idea of strength, we grow stronger and stronger every day.
With the increase in our strength, our Satyagraha too becomes more effective and we would never
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be casting about for an opportunity to give it up.”
1. (b) Discuss the need for internal democracy in Political Parties in India.
OR
Internal democracy in political parties refers to thelevel and methods of including party members in
thedecision making and deliberation within the partystructure.
• Since Independence, the authority in organizationalmatters has mostly been from the top to
the bottom.Thus, leadership in most political parties in India may be democratic in appearance
but is highly oligarchic inreality.
SC
• Unlike some countries like Germany and Portugal, India hasno legal provision for enforcing
internal democracy in apolitical party apart from few related provisions in section 29A of
RPA & in Election Commission guidelines.
Arguments in Favour of Intra-Party Democracy
• It helps party members to hold leaders accountable andengage in policy decision processes
meaningfully as itwould bring in competition, participation andrepresentation inside the
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party.
• It may lead to dismantling of nepotism & dynasty politics (affiliations based on family
background, caste,religion etc.).
• It would give space for dissent within the party reducing the possibility of formation of
number of off shootsof political parties.
• It may promote transparency in handling party funds, thereby reducing influence of
money and musclepower.
• It may cultivate a sense of ownership for local politicians in larger issues facing the nation
as policy decisions will involve deliberations and debate within party.
Some opinions against Intra-Party Democracy-
• It may threaten the efficiency of party organisations by making them vulnerable to internal
strife.
• It is believed that political parties should be allowed to govern their own internal structures
and processes. Any form of outside intervention in their functioning may threaten pluralist
party competition.
[2] Hints: Political Science

Related developments
• The 170th report of the Law Commission (1999) of India on reform of electoral laws
focused on “Necessity of providing laws relating to internal democracy within parties.
• The ARC’s 2008 Ethics and Governance report talked about corruption due to high
centralization.
• A committee headed by the former Chief Justice of India, M. N. Venkatachaliah, had
drafted a bill to regulate the functioning of political parties.
Way Forward
• There is a need for a comprehensive law that deals specifically with the framework and
relevant provisions for inner party democracy.
• The ECI should be enabled to take steps to ensure better implementation of the existing intra-
party democracy measures through certain penal provisions against non-compliance by
parties.
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• Validation of internal elections by an external organisation would provide them more
legitimacy and party membership would also be more open to accepting unfavourable results.
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• Anti-defection law should be amended as currently it prevents elected members of a legislature
from voting against an order of their party. This impinges upon the basic features of Indian
democracy, representation and dissent.
1. (c) Secularism is contested idea in the Indian scenario. Discuss.
SC
• Rajeev Bhargava, in his discussion on Indian secularism argues that while an overall
commitment to the principles of social democracy guided the Indian Constitution makers to
the adoption of the principles of secularism, the immediate context of deteriorating Hindu-
Muslim relations and the Partition were the major factors that influenced our adoption of
secular principles.Thus secularism was adopted in India not only to promote inter communal
solidarity but also to protect the structure of ordinary life in India.
• Donald Eugene Smith in his classic study titled “India as a Secular State “defines a secular
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state as “that which guarantees individual and corporate freedom of religion, deals with the
individual as a citizen irrespective of his\her religion, is not constitutionally connected to
particular religion, nor seekseither to promote or interfere with religion.”
• Sudipta Kaviraj has suggested in many of his discussions of secularism that one the gravest
mistakes of the Indian bourgeoisie has been its complete neglect of building cultural
preconditions required for capitalist modernism. Prior to independence, the nationalist
discourse realised the fragility of the new identity based on secular nationhood as against
the more familiar identities of caste and religion. Post-Independence there was a complete
denial of the fact that much of the power of Indian nationalism itself came not from a
secular idiom but from forces, idioms and symbols of religion, especially from Hinduism.
• Akeel Bilgrami has diagnosed the challenge to Indian secularism as a consequence of its
non-negotiated, Archimedean character. His argument is that the national movement did
not facilitate a creative dialogue between communities which could have ensured the
emergence of a negotiated understanding of secularism. The Congress Party, for instance
never undertook such a discussion ‘seriously. Bilgrarni is of the opinion that, secularism must
transcend religious politics from within, and not at the outset itself have a shimmering
philosophical existence thatis independent of religious and political commitments. Such a
negotiated secularism would have, for instance, avoided the resentment towards the
minorities because of the special status that they have as a consequence of a non-
negotiated secularism. Not being negotiated, this secularism is becoming increasingly
difficult to defend.
• Hence, it is not really surprising to note that communalism is today no longer an aberration
that exists on the fringes of the Indian nation, but as Rajni Kothari points out it has become
a part of the political system. It is not as if the state has fallen prey to communal forces,
rather communalism appears to be the direct outcome of the logic of the Indian state.
Though the Indian state made a formal acceptance of the secular agenda, the fact is that
apart from the differences between the Gandhian and the Nehruvian in their understanding
of secularism, there was a whole section of the political class that was sceptical and even
unwilling to accept these secular ideals.
• Ashish Nandy is critical of the fact that the modern nation-state appeals to the believers to
keep their private faiths out of public life but at the same time it is unable to ensure that the
ideologies of secularism, development and nationalism do not themselves begin to act as
faiths intolerant of others.
• The role of the state in such situations is likened by Nandy to that of crusading and inquisitorial
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role of religious ideologies. Nandy contends that objectification, scientisation, and bureaucratic-
rationality, the core principles of a modern nation-state can only breed violence. The elite
OR
in such states view statecraft in purely secular and amoral terms thus thinking of religion
or ethnicity as hurdles to the grand project of nation-building and state formation.
• Thus Nandy argues, western concept of secularism becomes a handy adjunct to a set of
legitimating core concepts; accepting this ideology, he contend, leads to the justification and
acceptance of domination and violence perpetrated in the name of progress and modernity.
Modern secularism has been imposed on a people who never wished to separate religion
SC
from politics, this imposition had to be made as part of the requirements needed to fulfil
the creation of a modem nation-state, this however has left the ordinary people of India
very unhappy, who, left with no choice, in their fight against the brutalities of the nation in
the name of modernity. Thus, it is secularism as practiced that breed’s communalism.
1. (d) Role of Strong Opposition in democracy
NOTE: THE ANSWER CONTAINS SUPPLEMENTARY INFORMATION ON THE TOPIC AS
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WELL. THE CANDIDATE IS ADVISED TO REFER THE CONTENT AND UTILISE RELEVENT
SECTIONS AS PER SPECIFIC DEMAND OF PRESENT AND FUTURE QUESTIONS.
• The common people believe that a healthy Parliamentary opposition is essential for the
sound working of democracy. There is a vigilant opposition, constantly on the alert and keep
an eye on the government’s policies and actions. When there are well-informed critics, they
are ever ready to expose the wrongs committed by the government. It can bring to light its
acts of omission and commission.
• The ruling party can hardly afford to be slack and negligent in the performance of its duty
towards the country to provide an efficient and sound administration.
• The parliamentary system of government works very smoothly. There are two principal
political parties. The one out of power ever ready to take over the reins of the administration
whenever the majority party is voted out of office, or resigns on a major issue, or is reduced
to a minority as a result of defections or resignations of members.
Origin of the Opposition:
• The British Parliament is commonly acknowledged to be the “Mother of Parliaments”. It has
also been the best model of a system. The Opposition is officially recognized as Majesty’s
Opposition.
• The largest minority party constitutes the official Opposition in the British Parliament, with
its own leader and its own council. It is popularly known as the “Shadow Cabinet”. The
leader of the Opposition in Britain (and in most parliamentary democracies around the
world) is accorded official recognition and provided several facilities to enable him to function
adequately. He is regarded as the future Prime Minister, since his party, especially in Britain,
offers a viable alternative to the government of the day.
Nature of Opposition Party:
• India has been accepted there is a parliamentary system of government, according to which
the party with the highest majority through a general election is entitled to form the
government and its leader becomes the Prime Minister of the country.
• The second largest party becomes the opposition party. Its leader enjoys the status of the
leader of opposition. The ruling party means the government during its tenure is free to
determine the policies, programmes and make decisions for the welfare of the common
people.
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• The opposition parties have a very significant role in a democracy. Because they are the
representatives of the people to safeguard their interests. Time to time, they criticize the
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government in case it fails to keep its promises.
• The opposition parties also warn the government. They think it necessary. Sometimes they
show their protest too against the government. Thus they try to keep the government aware
of all the issues. So that everything may be on the right path and all round development may
be seen in the country.
SC
• The most dominant role of the opposition in a democracy is that of a ‘watch dog’ of the
system. In a country where there is a two party system, the opposition party forms a
‘shadow cabinet’ and remains vigilant over the performance of the government.
Role of opposition Parties:
Democracy provides an outlet and a safety valve for the people’s anger and frustration, and this
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outlet is open criticism of the government, whenever and wherever it does something wrong, or
fails to adopt the right course as demanded by the public interest.
If the Opposition behaves irresponsibly, and indulges in unhealthy, destructive criticism, instead of
constructive discussions, the entire democratic fabric is endangered. Both sides—the ruling party
and the Opposition—have to observe the rules of the game.
Prof. Stephan says by “turning vital ‘non-issues’ into issues”, and also by “creating new structures
of participation, transparency and ultimately accountability’’, the opposition is indeed helping
to deepen democracy.
He then went ahead to list the five key functions for the democratic opposition.
They are:
• Resisting integration into the ruling regime
• Guarding zones of autonomy against the ruling regime
• Disputing the legitimacy of the ruling regime
• Raising the cost of authoritarian rule and
• Creating credible democratic alternative.
The functions listed above are by no means exhaustive.
The democratic opposition is also expected to offer political alternatives;
• To articulate and promote the interest of the voters
• To offer alternatives to the decisions proposed by the government and the major representatives
• To improve parliamentary decision-making procedures by ensuring debate, reflection and
contradiction
• To scrutinize the legislative and budgetary proposals of the government and
• To ensure stability, legitimacy, accountability and transparency in the political process.
A political party that is not in power plays the opposition role. The opposition role is a very important
to check and control to go into government. A few big parties assume the role of opposition, that is,
they claim to be the opposition, even though they do not play the opposition role.
Political parties are the arbiters of politics and the nation’s fate in a true sense. They exercise enormous
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influence on public discourse. They drown all other voices literally by the noise levels they generate.
They occupy endless newspaper space and radio and television time. They have a direct impact on
public policy affecting millions of lives. Their agitations on real or contrived issues paralyse all
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economic and social life. We only have to witness a ‘Rasta Roko” or a “Bandh’ or a ‘Hartal’ organized
by this party or that to understand the power of a handful of persons, often armed with sticks,
stones and chains, once they have a party banner in front of them and a slogan on their lips. Yet
the political parties in India are least understood, little-studied and obscure.
1. (e) Role of Pressure Groups in Policy Formulation
SC
The term ‘pressure group’ refers to any interest group whose members because of their shared
common attributes make claims on the other groups and on the political process. They pursue their
interests by organising themselves and by influencing the governmental policies. Their aim is to see
that laws or government’s actions are favourable to their interests. Various pressure groups have
been influencing the policy making in India by compelling the government to pass laws and make
policy decisions as per their demands. Some of the notable examples are:
• Associational pressure groups like Ex Servicemen organization successfully compelling the
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government to accept their demand for OROP (one rank one pension) is a recent example
of the above.
• Similarly anomic protest group along with women rights organizations influenced the decision
of the government to provide stricter laws to deal with rape, sexual harassment and violence
against women in the wake of the December 16 rape case in Delhi.
• Anti-corruption protests by Civil Society groups like India against Corruption lead to passage
of the Lokpal bill.
• Non associational groups like caste groups have time and again forced the respective
governments to provide reservation in education and public sector employment. Recent
examples are movements in Gujrat and North India by the Patel and Jaat groups for
reservation and the respective state governments acceding to their demands.
• Pressure groups also sometimes cause a change in the existing or proposed laws by their
influence for e.g. the decision of the Central government to not implement the new land bill
ordnance due to active protests by Peasant organizations and labour organizations.
Pressure groups have both positive and negative implications for Indian Democracy depending on
the nature of their demands and their strategies of achieving the same. For example some of the
positive aspects of pressure groups in India are:
• They represent diverse interests such as Dalit, tribal, women, peasant, student and workers
perspectives on various socio-economic issues and bring them to be a participant in public
decision making.
• They bring out various issues which normally are not noticeable in context of electoral
politics like clean environment, women safety, road safety and human rights violations etc.
• They encourage greater public participation through sporadic events and associations like
civil right movement initiated by Anna Hazare etc.
• Continued participation in these pressure group’s activities lead to political awareness and
mobilization in hitherto politically backward sections of society.
• They serve as safety valve against rising discontent among the public and bridge the gap
between the political institutions and the common man.
But at the same time, there are a few negative implications associated with them as well:
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• They are usually against the normal agenda and functioning of the government and distract
the attention of the nation from more pressing issues.
•
•
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Their tiresome bargaining with the state results in delay in decision making.
Sometimes, they create unnecessary social and political unrest which in worse case turns
violent, for e.g. Jaat and Patel agitation for reservation claimed several lives at the peak.
• Nevertheless, pressure groups form an integral part of the Indian democratic setup and their
contribution is invaluable in terms of policy formulation and inclusive development.
SC
2. (a) Briefly discuss the impact of colonial legacy on post-independence India with special
emphasis on Political,Administrative and social scenarios.
While the British were consolidating their power in India, they were also, unwillingly, laying the
base for Indian independence. Their contributions were manifold: Political, Administrative, legal,
economic, cultural, educational, social and psychological.
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Santosh Trikha observes “ British imperialism in India had two contradictory sets of features. In
some respects, it had a revolutionary in the extreme. But in both its phases, British rule encouraged
and provoked the rise and development of nationalist struggle for justice and independence. The
British displayed far better administrative and organizational skills than did any of the earlier ruling
classes of India. Not only did they establish control over India and achieve territorial integration,
they also founded a centralized administration that could not be challenged easily.
Politically: They gave India a greater degree of national unity and solidarity and a better form of
government that it had ever enjoyed, save perhaps during a few periods in the long course of
Indian history.
Administratively: The British developed a pattern of rule which is still followed in its basic outlines
by free India. This administrative system extended through British India, even to the village level,
and indirectly it affected the princely states as well. By associating Indians in increasing numbers in
the administrative services, the British helped to train generations of capable administrators.
“The efficient administrative machinery built by the British and the merit based system of recruitment
to bureaucracy they introduced are two of the important traditions inherited by the Indians from
this period. The British introduced a high degree of uniformity, in both the civil and the judicial
administration, in addition, the administrative system possessed objectivity and impersonality,
qualities not found in the previoussystem of administration”.
Legally: They gave India something close to a uniform code of justice, a revolutionary departure
indeed from the previous patterns of regional and local justice and communal differences. They
also gave India a concept of liberty under law.
Socially: The English created the new middle class of India. Generation after generation, there
came into being a wholly new class- English educated, tutored in liberal ideas, full of administrative
zeal for the West and prepared to serve as ‘Clerk’ under the foreign superiors. Many of them took to
law and practised it. This was the new middle class of India. Through the class the British ruled the
subcontinent. Through the class, new ideas of individualism and constitutional government gained
currency. This class manned the new professions. And from this class, political leadership emerged
to challenge the right of British Empire.
2. (b) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 has been
centre of controversy due to recent judgement of SC. Critically examine the issue with
focus on the recent SC judgement.
Supreme Court has issued directions regarding Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities act), 1989.
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• Background OR
In a complaint filed under the Atrocities Act, Supreme Court of India felt the need of
procedural safeguards and issued the following directions in Subhash Mahajan vs State of
Maharashtra vis a vis PoA act.
• There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act
if no prima facie case is made out or where on judicial scrutiny, the complaint is found to
be prima facie mala fide.
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• In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest
of a public servant can only be after approval of the appointing authority (Prior Sanction)
and of a non-public servant after approval by the S.S.P. which may be granted in cases
considered necessary and Such reasons must be scrutinized by the Magistrate for permitting
further detention.
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• To avoid false implication of an innocent, a preliminary enquiry may be conducted by the

DSP concerned to find out whether the allegations make out a case under the Atrocities Act
and that the allegations are not frivolous or motivated
• Any violation of above directions will be actionable by way of disciplinary action as well as
contempt.
Subsequently, Centre moved to Supreme Court challenging the ruling that prevented automatic
arrests on complaints filed under PoA act but Supreme Court upheld the directions it had issued.
Arguments in favour of Judgement
• Protection of innocents: The judgement does not stand in the way of the rights of members
of the scheduled castes and scheduled tribes but was concentrating on protecting false
implication of an innocent person.
• Freedom from arbitrary Arrest: The Court in Vilas Pandurang Pawar and Shakuntla Devi
cases also held that the bar against anticipatory bail was not absolute especially when no
case is made out or allegations are patently false or motivated as freedom from arbitrary
arrest is one of the fundamental facets of the rule of law.
• Misuse of the Act: NCRB data states that 75 % of cases under the Atrocities Act have
resulted in acquittal or withdrawal which is evidence of misuse of the Act.
• Standing Committee of Parliament on the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Bill, 2014 had also stressed on the need for safeguards
against arrest under the Atrocities Act.
Arguments against the ruling
• The judgement led to possible dilution of the law meant to protect the marginalized and
it would further result in depriving the community of their constitutional rights especially
under Article 17 i.e. abolition of Untouchability.
• Introducing additional procedural requirements would result in impeding strict enforcement
of the 1989 Act which already suffers impermissible delay in registration of cases thereby
diluting the efficacy of the enactment.
• Separation of Powers: The court cannot enlarge the scope of the legislation or the intention
of the legislature as it amounts to encroachment of its power leading to Judicial Overreach.
• Low conviction rates are high in terror cases as well and it shows poor investigation and
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incompetence of prosecution because witnesses turn hostile in such cases. Also, filing of false
cases has declined and conviction rates under SC/ST act have also improved over time.
• NCRB data shows that over the last ten years (2007-2017), there has been a 66% growth in
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crimes against Dalits. The judgment may further have an adverse effect on the already
underreported crimes against Dalits.
Conclusion
Parliamentary standing committees’ demand for an inbuilt provision in defence of accuse must be
considered to balance the rights of SCs/STs vis a vis Innocents and reforms in criminal justice
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system must also be undertaken alongside to ameliorate the concerns regarding conviction rates.
2. (c) Enumerate the recent factors responsible for decline in Parliamentary efficiency and
suggest measures to reverse this trend.
Issues concerning Indian Parliament:
• Reduction in the number of sittings: The number of sitting days has come down from
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about 140 days a yearin the 1950s to an average of sixty-five days over the past five years.
• Discipline and decorum: instances of interruptions and disruptions leading sometimes even
to adjournmentof the proceedings of the House have increased. This, not only, results in the
wastage of time of the Housebut also affects adversely the very purpose of Parliament.
• Declining quality of parliamentary debates: Parliamentary debates, which once focussed
on national and critical issues, are now more about local problems, viewed from a parochial
angle.
• Low representation of women: The Lok Sabha and the Rajya Sabha have not seen women
MPs cross the 12% mark.
• Bills being passed with no/minimum discussion and by voice vote amidst pandemonium
in the House. In 2008, for instance, 16 Bills were passed with less than 20 minutes of debate.
The non-passage of privatemember Bills doesn’t help either. To date, only 14 private member
bills have been passed.
Factors that have affected the role of Parliament:
• Passing of Anti-defection law in 1985 has made it less necessary for MPs to prepare for their
work in Parliament, because they will need to heed the party whip or risk losing their seat
in Parliament.
• MPs have no research staff, nor does the Parliament library provide research support beyond
newspaperclippings.
• Growth of coalition politics has made managing inter-party mechanisms more difficult.
• The opening up of Parliament to live telecasts has increased the incentives for groups of MPs
to grandstandon issues, knowing well that it will be widely covered in the media, beyond
the live telecast.On positive side, the introduction of Standing Committees in 1993 has
enhanced the ability of Parliament toscrutinize legislation, and to oversee the work of the
executive.
Implications of poor functioning of Parliament
• Lack of accountability of the government: If the parliament doesn’t function properly, it
cannot hold thegovernment accountable for its actions.
• Low productivity: Productivity of Lok Sabha in the 2016 winter session was 14%, while that
of the Rajya Sabha was 20%.
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• High cost to public exchequer in the form of wasting of taxpayer money. But the real cost
to society is huge.E.g. GST could have been passed four years ago. If we assume that the
passage of GST will have added 1% to India’s GDP then in the last four years we have lost
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4% of GDP.
• Delay in policy making leading to rise of unconstitutional bodies to fill the legislative gap
• Declining faith in democratic process. Parliament as an institution becomes less relevant for
national policymaking.
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Suggestions
• Minimum working days: National Commission to Review the working of the Constitution
recommended the minimum number of days for sittings of Rajya Sabha and Lok Sabha
should be fixed at 100 and 120 daysrespectively. Odisha has already shown the way,
mandating minimum 60 days for the State Assembly.
• If time is lost due to disruptions it should be compensated for, the same day, by sitting
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beyond normal hours.

• Passage of the Women’s Reservation Bill (108th amendment) reserving 33% of all seats in
Parliament andState legislatures for women.
• Systematic approach to legislative process. Parliamentary committees can assume institutional
importancein this process. They offer a place to raise issues in the general public interest and
conduct advocacy amidstlegislative engineering.
• Constitution committee to conduct priori scrutiny before the actual drafting of the proposal
for constitutional reform.
• The Anti-Defection Act needs to be recast, and used only in exceptional circumstances,
allowing MPs freerein on their self-expression. The UK, for example, has the concept of a
free vote allowing MPs to vote asthey wish on particular legislative items.
• Investing in Parliament’s intellectual capital is necessary and additional budgetary support
should beprovided to LARRDIS (Parliament’s Library and Reference, Research, Documentation
and Information Service) while assisting MPs in employing research staff.
• Improving the budget scrutiny process: India needs a parliamentary budget office, akin to
the USCongressional Budget Office. This can be an independent institution devoted to

conducting a technical andobjective analysis of any Bill with spending or revenue raising
requirements.
• Political parties must create a common national interest agenda - that covers poverty, economy,
nationalsecurity, etc. - on which there is clear consensus from day one.
Conclusion
Parliament should be a space for policy and not for politics. The Indian Parliament has not gone
through the changes that recognize the new circumstances. Hence there is need to make our
parliament representative and efficient.
3. (a) Discuss in detail the issues related to appointment of election commissioner and remedial
steps which need to be taken.
The appointment of CEC and other ECs according to the Article 324, shall be done as per the law
made by the Parliament in this regard. However, no such law has yet been made which leaves a
“gap”. Recently, Supreme Court had asked the centre why no enabling law hasyet been framed.
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• This leaves the appointment of such a crucial post solely to theexecutives (President on the
advice of PM and Council ofMinisters).
•
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The constitution has not prescribed the qualifications (legal,educational, administrative, or
judicial) of the members ofelection commission.
• The constitution has not debarred the retiring Electioncommissioner from any further
appointment by the government.
• There is also no clarity regarding the power division between the Chief Election Commissioner
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and other Election Commissioners.

Way forward
• 2nd ARC, in its fourth report on ‘Ethics in Governance’, has said that it would be appropriate
to have acollegium headed by the Prime Minister to appoint the chief and members of the
EC which has a far reachingimportance and critical role in working of the democracy.
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• The court acknowledged that the appointments of CEC and ECs till now have been fair and
politically neutral.But the voidin law needs to be filled to ensure “fair and transparent
selection”.
• A clear set of rules can bring more clarity in the appointment and may avoid such petitions
and questions in future.
3. (b) Discuss the agrarian and peasant perspective of Indian national movement.
• The formation of the U.P. Kisan Sabha in February 1918 marked a watershed development
in the history of peasant movements in India. Around this time the kisans started exhibiting
political consciousness. They began taking part in nationalist struggles. Their organizations
emerged under their own leadership for the achievement of their programmes and objectives.
It does not mean that before 1918 there were no peasant movements. In fact there were
many. But these movements had narrow and local aims and were devoid of any proper
understanding of colonialism or any conception of an alternative society. A conception that
could unite people in a common struggle on an all India basis and sustain any long term
political movement was absent.
• Among the major peasant movements of the nineteenth century was the Indigo Revolt of
1859-60. Indigo was used as a dye for the cotton clothes manufactured by factories in
England. Almost all the indigo planters were Europeans and they forced the peasants to
grow indigo on the best part of their land Most of the magistrates were also Europeans and
in case of any dispute they used to side with the planters. The indigo revolts enveloped all
the indigo-growing districts of Bengal by 1860. The peasants joined together to raise funds
to fight court cases filed against them. The planters succumbed to combined pressure and
closed their factories. The role of intelligentsia in the indigo revolt was to have a lasting
impact on the nationalist intellectuals. Din Bandhu Mitra’s play Neel Darpan became famous
for its vivid description of the exploitation by the planters.
• Between 1870 to 1880 large part of East Bengal witnessed agrarian unrest caused by efforts
of zamindars to enhance rent beyond legal limits. This they were doing to prevent the
tenants from acquiring occupancy rights under Act X of 1859. To achieve this objective they
used coercive methods like forced eviction and seizure of crops. In May 1873 an agrarian
league was formed in Pabna district to resist the demands of the zamindars. The tenants
refused payment of enhanced rent and raised funds to challenge the zamindars in courts.
Many of the disputes were settled partly due to government pressure and partly due to
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zamindar’s fear of being dragged into long drawn legal battle by the united peasantry. The
1885 Bengal tenancy act was an attempt to address the worst aspects of the zamindari
system.
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• Poona and Ahmednagar districts of Maharashtra became theatres of major agrarian unrest
in 1875. In these areas cotton prices had gone up in 1860s due to American civil war. When
the civil war ended cotton prices crashed. A fifty percent increase in rent by the government
and a series of bad harvests further compounded the woes of the peasants. The peasants
had no option but to go to the moneylenders. The moneylenders used this opportunity to
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tighten their grips on the peasants and their lands. The peasants organized a complete social
boycott of the moneylenders. They attacked the houses of the moneylenders and also burnt
the debt records.
• In response to this unrest the government brought the Deccan Agriculturists Act in 1879.
Among other important peasant movements in other parts of the country in the nineteenth
century were the Mappila outbreak in the Malabar region and the Kuka revolt of Punjab.
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• Peasant movements in the twentieth century were distinct from those of nineteenth century.
Now both the peasant movements and the freedom struggle started influencing each other.
Three major movements emerged in the second and third decades of the twentieth century.
The Kisan Sabha and Eka movement in the Avadh area of U.P., the Mappila rebellion in the
Malabar region and the famous Bardoli Satyagraha in Gujarat.
• In U.P. the peasants were faced with the problems of exorbitant rent, illegal levies, begar
[unpaid labour] bedakhli [ejectment]. The hefty increase in price of commodities after the
war had further added to their problems. The U.P. Kisan Sabha was formed in1918 and by
June 1919 it had set up 450 branches in the province. To address to some of these demands.
Towards the end of 1921 another movement grew in some areas of Avadh under the name
of Eka [unity] movement. The main cause of discontent was that the rent in these areas of
Avadh was 50% higher than recorded rent. Severe repression by the government brought
this movement to an end.
• The Malabar area of Kerala, which had witnessed disturbance even in the nineteenth century
in August 1921, witnessed rebellion by Mappila [Muslim] tenants. Nambudri Brahmins
landlords exploited the Mappila tenants. This rebellion had started as an anti-government
anti-landlords affair but acquired communal colours. It was crushed ruthlessly by the
government.
• Another important struggle of the peasantry broke out in 1928-29. A thirty percent increase
in rent was recommended in the Bardoli taluka of the Surat district in 1926. The peasantry
fought under the able leadership of Sardar Patel. The peasants fought and forced the
government to withdraw the increase in rent.
• The 1930s witnessed a countrywide awakening of Indian peasants. The economic depression
of 1929-30 and consequent drastic fall in prices of agricultural commodities had badly hit
the income of the peasants. But the government and the Zamindars refused to bring down
tax and rent. There was a spurt in peasant movements in U.P., Andhra and Bihar. The left
ideology propagated by J.L. Nehru, Subhash Bose and the communists was gaining in
influence. The leftists underlined the need of an independent class organization of peasants.
The All India Kisan Sabha was formed in 1936 with Sahjanand, the founder of Bihar Kisan
Sabha as president and N.G. Ranga, the founder of Andhra Kisan movement as secretary.
• The birth of an all India organization representing the aspirations and common demands of
peasants from all over the country was a development of great significance. The Indian
national congress shied away from raising the issues concerning the peasants more particularly
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the tenants living in the zamindari areas.
• According to Bipan Chandra Congress did not want to weaken Indian nationalism, by
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dividing our people in political groups based on different economic interests. In 1930 the
eleven-points submitted to the British government by Gandhi did not include the main
demands of the peasants like reduction of rents and redemption of agricultural indebtedness.
The Historical Background formation of the Congress ministries in a majority of the provinces
raised the expectations of the peasants. These ministries brought many legislations aiming at
debt relief, restoration of land lost during depression and security of tenures to the tenants.
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These steps did not affect the conditions of peasants belonging to lower strata. Many Kisan
leaders were arrested and their meetings banned. The congress was accused of being anti-
peasant. The radical elements within the Kisan Sabha accused the congress of siding with
the capitalists and zamindars.
• After the end of world war second when independence appeared imminent the peasants
started asserting their rights. The demand of zamindari abolition was raised with a great
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sense of urgency. In Telangna the peasants organized themselves to resist the landlord’s
oppression and played an important role in the anti Nizam struggle. In 1946 the Bengal
provincial Kisan Sabha led the movement of the share croppers who wanted to pay only one
third of their crop any more to the jotedars. This movement as Tebhaga movement.
3. (c) What do you understand by the term Hybrid Electoral system and also analyse why
there is increased demand for its introduction in India?
Various political parties have told a Parliamentary panel that the existing first-past-the-post-system
needs to be replaced with a hybrid format.
What is Hybrid Electoral System?
• A hybrid/mixed system refers to an electoral system in which two systems are merged into
one combining the positive features from more than one electoral system.
• In a mixed system, there are two electoral systems using different formulae running alongside
each other. The votes are cast by the same voters and contribute to the election of
representatives under both systems.
• One of those systems is a plurality/majority system (or occasionally an ‘other’ system),
usually a single member district system, and the other a List PR system.
• There are two forms of mixed system- When the results of the two types of election are
linked, with seat allocations at the PR level being dependent on what happens in the
plurality/majority (or other) district seats and compensating for any disproportionality that
arises there, the system is called a Mixed Member Proportional (MMP) system.
Where the two sets of elections are detached and distinct and are not dependent on each
other for seat allocations, the system is called a Parallel system.
• While an MMP system generally results in proportional outcomes, a Parallel system is likely
to give results the proportionality of which falls somewhere between that of a plurality/
majority and that of a PR system.
Why is there a Demand for Hybrid System?
• It is argued that the majority aspirations and the will of the people is not getting reflected
in election results with the current electoral system.
• The situations have changed since the current system of FPTP was adopted (one party rule).
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But now because of a division of votes, a party with even 20% share does not get a single
seat, while a party with 28% can get disproportionately large number of seats. Example,
Uttar Pradesh Assembly elections held in March, 2017.
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• This system is followed by various European countries successfully.
• The Law Commission’s 170th and 255th report also have suggested that 25% or 136 more
seats should be added to the present Lok Sabha and be filled by Proportional Representation.
• Many point out that the current system reflects a “Minority democracy” which has been
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ruling the country since independence.

What is FPTP?
• The First Past the Post system is the simplest form of plurality/majority system, using single
member districtsand candidate-centred voting.
• The voter is presented with the names of the nominated candidates and votes by choosing
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one, and only one, of them.

• The winning candidate is simply the person who wins the most votes; in theory, he or she
could be elected with two votes, if every other candidate only secured a single vote.
• It is used in the UK to elect members of the House of Commons, both chambers of the US
Congress and the lower houses in India and Canada as well as other place that used to be
British colonies.
Why we chose FPTP?
The country chose FPTP for of election system because of following reasons-·Simplicity - most of
the Indian population was not literate at the time of independence, and unable tounderstand the
complexity of the PR SYSTEM.
• Familiarity - Before independence several elections were held regularly on the basis of FPTP
system whichmade this process more familiar to the general public of the country.
• PR SYSTEM establishes party as a major centre of power whereas FPTP gives an individual
as arepresentative of the people of certain specific area. Given India’s condition at the time
of independence thiswas a big concern for our leaders as people connected more to their
leaders rather than a certain politicalparty.

4. (a) Women Commission has played a vital role in addressing issues of protection and
empowerment of Women. Discuss.
• In January 1992, the National Commission for Women (NCW), was set up as a statutory
body under the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt.of
India) to review the constitutional and legal safeguards for women; recommend remedial
legislative measures, facilitate redressal of grievances and advise the Government on all
policy matters affecting women.
• As the problem of violence against women is multifaceted, the NCW has adopted a multi-
pronged strategy to tackle the problem. The Commission has initiated generation of legal
awareness among women, thus equipping them with the knowledge of their legal rights and
with a capacity to use these rights. It assists women in redressal of their grievances through
pre-litigation services.
• To facilitate speedy delivery of justice to women Parivarik Mahila Lok Adalats are organized
in different parts of the country to review the existing provisions of the Constitution and
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other laws affecting women and recommending amendments thereto, any lacunae,
inadequacies or shortcomings in such legislations. It organizes promotional activities to mobilize
women and get information about their status and recommend paradigm shift in the
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empowerment of women.
• The Complaints and Counselling Cell of the commission processes the complaints received
oral, written or suo moto under Section 20 of the NCW Act. The complaints received relate
to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, and refusal to
register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment
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at work place.
• NCW tackles the problems by ensuring that investigations by the police are expedited and
monitored. Family disputes are resolved or compromised through counselling.
• As per the 1997 Supreme Court Judgement on Sexual Harassment at Workplace, ( Vaisakha
Vs. State of Rajasthan ) every employer is required to provide for effective complaints
procedures and remedies including awarding of compensation to women victims. In sexual
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harassment complaints, the concerned organizations are urged to expedite cases and the
disposal is monitored. For serious crimes, the Commission constitutes an Inquiry Committee
which makes spot enquiries, examines various witnesses, collects evidence and submits the
report with recommendations. The implementation of the report is monitored by the NCW.
• The complaints received by the NCW show the trend of crimes against women and suggest
systemic changes needed for reducing them. The complaints are analysed to understand the
gaps in the routine functioning of government in tackling violence against women and to
suggest correctional measures. The complaints are also used as case studies for sensitization
programmes for the police, judiciary, prosecutors, forensic scientists, defence lawyers and
other administrative functionaries.
• From time to time the Commission conducts seminars, workshops and conferences and
sponsors such events by providing financial assistance to research organizations and NGOs.
The important areas so far covered include women in detention, violence against women;
sexual harassment at work place; educational, health and employment aspects; women in
agriculture and panchayat raj sector; custodial justice and mental health institutions.
• The NCW holds public hearings on issues affecting large sections of women such as crime
against women, women in unorganized Labour sector, women in agriculture and women
of minority groups. The deposition at these enquiries helps in appreciating the problems and

initiating remedial action. As a measure of arousing public awareness and breaking
bureaucratic apathy, public hearings under vigilant activists like Justice V.R. Krishna Iyer
and Swami Agnivesh were held to understand problems and expedite solutions in the case
of Kol women of Bundelhekhand; deserted women of hill districts in U.P., rape case of girl
children of Tamil Nadu, unorganized women labor and minority communities of Tamil
Nadu; crèche workers’ enquiry and tribal women of Dindigul, Tamil Nadu.
• Special studies are conducted by the NCW on social mobilization, maintenance and divorced
women, panchayat raj in action, women labor under contract, gender bias in judicial decisions,
family courts, and gender-component in various Commissions’ reports on women, violence
against women, women’s access to health and education in slums to help in formulation of
NCW’s policies for recommendations. Special studies of NCW focus on development of
health facilities among women belonging to the scheduled tribe communities; women of
weaker sections - socio-economic development of scheduled caste women; mentally disabled
women; credit needs of women - the Gramin Banks and the widows of Vrindavan.
• The NCW also constitutes Expert Committees for dealing with such special issues as may be
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taken up by the Commission from time to time. Some important issues taken up by the NCW
include sexual harassment at workplace, women in detention, anti-arrack movement, issues
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concerning prostitution and political and technological empowerment of women in
agriculture.
• To meet the information needs of the Commission and various interested individuals and
organizations, the NCW started its own Library in 1994. It has now evolved as a de facto
Resource Centre for research scholars/ activists with a collection of nearly 2300 books
covering different issues relating to women’s advancement. Besides, the library collection
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includes important reference books, like encyclopaedia, Directories of NGO’s as well as the
complete set of Halsbury’s Laws of England ( 4th Edition ).
• Besides publishing its own books from time to time, the NCW also sponsors research studies
on various aspects concerning women issues and helps in getting them published. Nearly a
hundred publications, both in English and Hindi, have so far been published.
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• The Commission undertakes visits to evaluate the progress of development of women in

various states. It has so far covered Tamil Nadu, Andhra Pradesh, Rajasthan, Uttar Pradesh,
Orissa, Sikkim, Madhya Pradesh, Assam, Tripura and Manipur. Women’s movement in the
country was brought to the forefront by the efforts of NGOs. The Commission interacts and
networks with NGOs and the State Commissions for ensuring gender equality and
empowerment of women. The Commission also interacts with the media, social activists and
academics to suggest ways of ensuring due representation of women in all spheres.
4. (b) Nature and Evaluation of Land Reforms in India after Independence.
The Government of India is aware that agricultural development in India could be achieved only
with the reform of India’s rural institutional structure. It was said that the extent of the utilisation
of agricultural resources would be determined by the institutional framework under which the
various inputs were put to use. M. Dandekar observed: “Among the actions intended to release the
force which may initiate or accelerate the process of economic growth, agrarian reform usually
receives high priority”. The First Five-Year Plan stated: “This (land reform) is a fundamental issue
of national importance. The former Prime Minister, Indira Gandhi, emphasised: “Land Reforms is
the most crucial test which our political system must pass in order to survive.” Land reforms therefore
became one of the vital aspects of the agricultural development policy especially after the concept
of the Five-Year Plan came to stay.

The important objectives of land reform measures in India were: (1) to enhance the productivity of
land by improving the economic conditions of farmers and tenants so that they may have the
interest to invest in and improve agriculture, (2) to ensure distributive justice and to create an
egalitarian society by eliminating all forms of exploitation, (3) to create a system of peasant
proprietorship with the motto of land to the tiller and (4) to transfer the incomes of the few to many
so that the demand for consumer goods would be created.
The Second Five-Year Plan emphasised the objectives of the land reforms thus:
• To remove the impediments in the way of agricultural production as may arise from the
character of agrarian structure and to evolve an agrarian economy conducive of high levels
of efficiency and productivity;
• To establish an egalitarian society and to eliminate social inequality;
Again in the Third Plan, the Planning Commission summed up the objectives of land reforms thus
“The first is to remove such impediments to increase in agricultural production as may arise from
the agrarian structure inherited from the past. This should help to create conditions for evolving as
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speedily as possible an agricultural economy with a high level of efficiency. The second objective,
which is closely related to the first, is to eliminate all elements of exploitation and social injustice
within the agrarian system to provide security for the tiller of the soil and assure equality of status
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and opportunity to all the sections of the rural population”. Thus the land reforms in India aimed at
the redistribution of ownership holdings and reorganising operational holdings from the view point
of optimum utilisation of land. It has also aimed at providing security of tenure, fixation of rents
and conferment of ownership.
After Independence, attempts had been made to alter the pattern of distribution of land holdings
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on the basis of four types of experiments, namely;

• Land reforms “from above” through legislation on the lines broadly indicated by the Central
Government, enacted by the State legislators, and finally implemented by the agencies of the
State Government.
• Land reforms “from above” as in the case of Telangna and the naxalite movement also to
some extent in the case of the “Land Grab” movement.
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• Land reforms through legislative enactments “from above” combined with peasant
mobilisation “from below” as in the case of controlled land seizure in West Bengal and
protection of poor peasants in Kerala.
• Land reforms “from below” through permission of landlords and peaceful processions by
peasants as in the case of Bhoodan and Gramdan.
The land reform legislation was passed by all the State Governments during the Fifties touching
upon these measures;
• Abolition of intermediaries.
• Tenancy reforms to regulate fair rent and provide security to tenure.
• Ceilings on holdings and distribution of surplus land among the landlords.
• Consolidation of holdings and prevention of their further fragmentation and
• Development of cooperative farming.
The Zamindars acted as the intermediaries. Until Independence, a large part of agricultural land
was held by the intermediaries under the zamindari, mahalwari and ryotwari systems. Consequently,
the tenants were burdened with high rents, unproductive cultivation and other forms of exploitation.
By 1972, laws had been passed in all the States to abolish intermediaries. All of them had two
principles in common: 1) abolition of intermediaries between the state and the cultivator and 2) the
payment of compensation to the owners. But there was no clear mention about just and equitable
compensation. Therefore, the Zamindari Abolition Act was challenged in the High Courts and the
Supreme Court. But the Government accomplished the task of abolishing intermediary tenures
bringing nearly 20 million cultivators into direct contact with the state. Nearly 57.7 lakh hectares
were distributed to landless agriculturists after the successful completion of the Zamindari Abolition
Act. The abolition also had a favourable economic impact on the country. By conferring the ownership
of land to the tiller, the Government provided an incentive to improve cultivation. This paved the
way for increase in efficiency and yield. This was an important step towards the establishment of
socialism and the Government revenue increased. It also ushered in cooperative farming.
The efficacy of the legislation was, however, considerably reduced for the following reasons;
• The act did not benefit sub-tenants and share croppers, as they did not have occupancy
rights on the land they cultivated.
• Intermediaries were abolished, but the rent receiving class continued to exist.
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• Many landlords managed to retain considerable land areas under the various provisions of
the laws. Benami holdings became the order of the day in many States.
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• The problems of transferring ownership rights from the actual cultivators of the land, the
tenants, the sub-tenants, share croppers, therefore, remained far from resolved.
Result, land reforms remain incomplete and unfinished.
The tenancy reform measures were of three kinds and they were 1) regulation of rent 2) security of
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tenure and 3) conferring ownership to tenants.

After independence, the payment of rent by the tenants of all classes and the rate of rent were
regulated by legislation. The first Five-Year Plan laid down that rent should not exceed one-fifth to
one-fourth of the total produce. The law along these lines has been enacted in all the States. The
maximum rate of rent should not exceed that suggested by the Planning Commission in all parts of
the States. Maximum rents differed from one State to another - Rajasthan, Maharashtra and Gujarat
fixed one-sixth of the produce as maximum rent. In Kerala, it ranges between one-fourth and one-
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third and in the Punjab one-third. In Tamil Nadu, the rent varies from one-third to 40 per cent of
the produce. In Andhra Pradesh it is one-fourth for irrigated land. The rent could be paid in cash
instead of kind.
With a view to ensuring security of tenure, various State Governments have passed laws which
have three essential aims 1) Ejectment does not take place except with the provisions of law, 2) the
land may be taken over by the owners for personal cultivation only, and 3) in the event of resumption
the tenant is assured of the prescribed minimum areas.
The measures adopted in different States fall in four categories; First, all the tenants cultivating a
portion of land have been given full security of tenure without the land owners having any right to
resume land for personal cultivation. This is in operation in Uttar Pradesh and Delhi. Secondly,
land owners are permitted to resume a limited area for personal cultivation, but they should provide
a minimum area to the tenants. This is in vogue in Assam, Maharashtra, Gujarat, Punjab and
Rajasthan. Thirdly, the landowner can resume only a limited extent of land and the tenant is not be
entitled to any part of it. This is operating in West Bengal, Jammu and Kashmir. In Tamil Nadu,
Karnataka, Kerala, Andhra Pradesh and Orissa, measures in the form of an order for staying
ejectments have been adopted to give temporary protection to the tenants.
Fourthly, legislative measures have also indicated the circumstances under which only ejectments
are permitted. These grounds are (a) non-payment of rent (b) performance of an act which is
destructive or permanently injurious to land (c) subletting the land (d) using the land for purpose
other than agriculture and (d) reclamation of land for personal cultivation by the landlords.
The ultimate aim of land reforms in India is to confer the rights of ownership to tenants to the larger
possible extent. Towards this end, the Government has taken three measures: (1) declaring tenants
as owners and requiring them to pay compensation to owners in suitable instalments (2) acquisition
of the right of ownership by the State on payment of compensation and transfer of ownership to
tenants and (3) the states’ acquisition of the landlords’ rights bring the tenants into direct relationship
with the States.
As a result of all these measures, 92 per cent of the holdings are wholly owned and self-operated in
the country today. In spite of the progress made in this regard, the tenancy reforms are still plagued
by deficiencies some of which are: 1) the tenancy reforms have excluded the share croppers who
form the bulk of the tenant cultivators, 2) ejection of tenants still takes place on several ground 3)
the right or resumption given in the legislation has led to land grabbing by the unscrupulous 4) fair
rents are not uniform and not implemented in various States because of the acute land hunger
existing in the country 5) ownership rights could not be conferred on a large body of tenants because
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of the high rates of compensation to be paid by the tenants. The proof of continuous possession for
12 consecutive years to get occupancy rights also led to tardy implementation of tenancy reforms.
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One of the controversial measures of land reforms in India is the ceiling on land holding. By 1961-
62, ceiling legislation had been passed in all the States. The levels vary from State to State, and are
different for food and cash crops. In Uttar Pradesh and West Bengal, for example, the ceiling on
existing holding is 40 acres and 25 acres and on future acquisitions 121/1 acres and 25 acres
respectively. In Punjab, it ranges from 27 acres to 100 acres, in Rajasthan 22 acres to 236 acres and
in Madhya Pradesh 25 acres to 75 acres. The unit of application of ceiling also differs from State to
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State. In Andhra Pradesh, Assam, Bihar, Punjab, Haryana, Uttar Pradesh, West Bengal, Madhya
Pradesh and Maharashtra, it is on the basis of a ‘land holder’, whereas in the other States it is one
the basis of a ‘family’.
In order to bring about uniformity, a new policy was evolved in 1971. The main features were:
• Lowering of ceiling to 28 acres of wet land and 54 acres of unirrigated land
• A change over to family rather than the individual as the unit for determining land holdings
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lowered ceiling for a family of five.

• Fewer exemptions from ceilings
• Retrospective application of the law for declaring benami transactions null and void; and
• No scope to move the court on ground of infringement of fundamental rights
According to the figures available till the beginning of the Seventh Plan, the area declared surplus
is 72 lakh acres; the area taken over by the Government is 56 lakh acres; and the area actually
distributed is only 44 lakh acres. Thus, 28 lakh acres of land declared surplus have not been distributed
so far. Of this, 16 lakh reserved for specific public purposes.
The process involved in the distribution of surplus land was complicated and time consuming
thanks to the intervention of the court. Many land owners surrendered but only inferior and
uncultivable land. The allottees, in many cases, could not make proper use of the land as they did
not have the money to improve the soil.
Several States have passed the Consolidation of Holdings Act. Statistics reveal that 518 lakhs of
hectares had been consolidated in the country at the beginning of the Seventh Five Year Plan,
which constitute about 33% of the cultivatable land. The food and the agricultural organisation
(FAO), after studying the position in Punjab and Uttar Pradesh regarding the operation of the
consolidation of holding act, remarked;” A significant reduction in the cost of cultivation, increased
cropping intensity and a more remunerative cropping pattern were developed in these two States.”
The Planning Commission in the first three Five Year Plans, chalked out detailed plans for the
development of cooperative farming. Only two per cent of the agriculturists have formed cooperative
societies farming only 0.2 per cent of the total cultivable area. Cooperative farming has certain
difficulties to surmount. The big and marginal farmers are sceptical and the small peasants are not
easily convinced that the movement would help them.
Assessed from the point of view of two broad objectives namely, social justice and economic efficiency,
land reforms, one might say, has been partially successful. Since the adoption of land reforms, the
pattern of ownership in the country is changed but one wonders whether it will ensure social
justice in the country. Indian agriculture is in a stage of transition, from a predominantly semi-
feudal oriented agriculture characterised by large-scale leasing and subsistence farming to
commercialised agriculture or marker oriented farming. Another noteworthy feature is the emergence
of modern farmers who are substantial landholders and cultivate their land through hired labourers
using new techniques.
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One of the major negative features of agrarian transition in India is the continued concentration of
land in the hands of the upper strata of the rural society. This has not undergone any change in the
past five decades, despite the reforms. In fact, leasing in by the affluent farmer is common place.
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An outstanding development of Indian Agriculture was the rapid growth of landless agricultural
labourers. They constitute about 10 per cent of the agricultural population and make up about 25
per cent of the labour force.
It may be inferred that the steps taken by the Government have not made any significant impact on
the agrarian structure to reduce, let alone eliminate the inequality in the distribution of land or
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income or to afford to lend the poor the access to the land. It is also true that the land reforms did
not seriously jeopardise the interest of the landholders. The structural impediments to production
and equitable distribution of rural resources are very much in existence. Social, political and economic
power still rests with the elite group who were elite prior to 1947 also.
On the question of increasing productivity, it is difficult to assess the exact contribution of land
reforms because productivity has been more related to the technical revolution ushered in the Indian
agricultural sector. As Dhingra says, “It is difficult to say either (a) that land reforms did not
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contribute at all to an increase agricultural production or b) that institutional arrangements alone

should be credited with an increase in agricultural production. It is for the future research workers
to determine what has been the relative share of institutional and technological factors in agricultural
development.
There are many factors responsible for the tardy progress but important among them are the lack of
adequate direction and determination, lack of political will, absence of pressure from below,
inadequate policy instrument, legal hurdles, absence of correct-up-dated land records and the lack
of financial support.
In order to achieve success, the Asian Development Bank has recommended a strategy on these
lines; political commitment at the top, administrative preparedness including the improvement of
the technical design of enactments, the provision of financial resources and the streamlining of the
organisational machinery of implementation, creation of necessary supporting service for the
beneficiaries and finally the organisation of beneficiaries themselves.
In this background, the following suggestions may be considered for improvement; breaking up the
landlord-tenant nexus, effective implementation of ceiling legislation and distribution of surplus
land and simplifying legal procedures and administrative machinery and lastly the potential
beneficiaries should be made aware of the programmes. It is time we thought seriously of land
reforms when especially a “humble farmer” is on top. If in the new century we still talk of reforms
without effective implementation we will surely miss the bus.
4. (c) Explain the nature of political democracy and its relationship with development during
1967-1990.
• The consensus about the nature of democracy and development was broken as qualitative
change took place in the interaction between the politics of democracy and economics of
welfarism. The social groups who were on the margin of the society and were lying dormant
became empowered with political voice. They now startedmaking economic claims on a
state that has successfully mediated between the politics and economics of Indian democracy.
• The ensuing process of mediation and reconciliation on the part of the Indian State had
long-term economic and political consequences.The discordant voices were due to the non-
fulfilment of the promises and expectations as there was a rise in the level of poverty. (34
percent in 1957 to 57 per cent in 1970-71) Crisis in the economy in the mid-1960s was
evident in the form of food crisis, as India became a basket case having a ‘ship to mouth
existence’. The devaluation of rupee followed and planning was to be suspended for three
years as industrial sector as well as savings and investments suffered.
• The consensus was also broken because the second generation of political leadership that
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emerged in the aftermath of the Kamraj plan was devoid of the legitimacy, acceptance and
charisma of the nationalist leadership. Regionalisation and ruralisation of the Indian politics
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took place, as the Congress no longer remained the dominant party having declined in
both organisational and ideological sense. In the words of Yogendra Yadav, a ‘second
democratic upsurge’ took place in the form of a fundamental transformation in the terrain
of politics which in turn is anchored in the process of social change.
• This transformation was a product of the change in the size, the composition and the self-
definition of the voters as more and more citizens from the lower rungs of society participated
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in the electoral politics articulating and asserting their democratic rights.

• There was also the rise of the dominant caste rich peasantry like Jats, Kammas, Kapus,
Yadavas and Reddis in the face of the decline of semi-feudal landlords. These castes desertedthe
Congress to join or to create opposition parties.
• The newly entrant class of the rich peasantry asked for its due share of the benefits derived
from the economic policies and sought an upward mobility in the political process. The
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response of the state was in the form of a strong, new, emphasis on agriculture in the form
of green revolution. Thus for achieving food security ‘betting on the strong’ policy was
adopted.
• Under the policy the better-endowed peasants and regions received extensive support. Though
land reforms measures that had received partial success with the notable exception of the
states like Kerala, West Bengal, Maharashtra and Jammu and Kashmir were now not pursued,
the Poverty alleviation programmes like DPAP, DWARKA were launched.
• In the absence of serious programmatic efforts, the Congress under the leadership of Indira
Gandhi, increasingly resorted to the Populist rhetoric in the form of the sloganeering,
nationalisation of banks, abolition of privy purses. Dissent and regionalism in the Congress
was met by a strategy of divide and rule by the ‘high command’ of the ruling Congress. The
rich peasantry was co-opted into the dominant coalition as the majoritarianism under a
representative democracy during the first phase gave way to authoritarianism. It all
culminated into emergency that marked the overall failure of democracy in its procedural
and substantive forms.
• In class terms the imposition of emergency can be also explained in the form of the lack of
cohesion in the dominant coalition as the landed rich peasantry emerged in a big way being
economically strong and numerically powerful. Political democracy had provided the

institutional mechanisms to sustain the ruling coalition; lack of institutional mechanisms set
in the crisis eventually.
• Nevertheless the victory of the Janata Party not only reflected the sagacity of the Indian
electorate but also proved conclusively that the democratic spirit had embedded in the
political imagination of the Indian people. The failure of Janata party government reflected
the limitation of the coalition politics devoid of ideological unity and purpose. The return of
a much chastened and insecure Indira Gandhi also saw the return of the politics of populism
and patronage.
• Proliferation of subsidies resulted in massive state expenditure and loss of revenue, soft
loans, loan waivers, sick firms being nationalised, cheap inputs being provided for the
industrial capitalist class. In short, it was same regime under Indira Gandhi and later under
Rajiv Gandhi in terms of its policies. The centralisation of political power, politics of
nomination, and marketization of polity-all continued to remain the features of the period
between 1980 to 1990. Massive allocation of funds was made under employment generating
programmes like RLEGP, NREP, and IRDP.
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• As Deepak Nayyar observes succinctly, there was hardly much interaction between the
economics and democratic politics now unlike the Nehruvian India. The money and muscle
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factor entered into electoral arena now dominated by what Rajni Kothari called the vote
contractor. Those with money gained in the battle of ballot, as suitcase politics became the
order of the day. Caste, ethnicity and religion now played far more significant role as the
identity politics asserted in continuation with the colonial legacy as it was first the colonial
state that recognised different castes and communities and introduced separate electorate.
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SECTION B
5. (a) Marxist perspective on Indian National Movement

The Marxists too had very little impact on the freedom struggle of the country because their ideology
and method of struggle did not suit the people of India. The Marxist party and individual Marxist
leaders were practically nowhere in 1885, when Indian National Congress was founded and even
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long after that till 1924, when Marxist Party of India was founded.
• The party’s objective was to struggle for complete swaraj for the country in which there will
be common ownership over all means of production and distribution. These will be used for
the welfare of the masses. The Marxists rejected Gandhian philosophy of non-violence and
in 1925 expressed their desire for independence from the control of Comintern.
• They made it clear that they were not their subordinates. They wanted that radical changes
should be brought in Congress party programmes. They were critical of both the Congress
and Swaraj party. They pleaded that the Congress party should follow policy of militant
mass action and policy of surrender and compromise should be discarded.
• They considered that Congress was at present under the influence of bourgeois leadership
from which it should be liberated. In 1926, Marxists decided to work under the guidance of
Comintern and some Marxist leaders even attended Sixth Congress of Marxist International
held in September, 1928.
• It decided to fight on two fronts for country’s freedom namely National bourgeoisie on the
one hand and British imperialism on the other. It was at this Marxist International that
about India it was resolved that, “The Marxist must unmask the national reformism of the
Indian National Congress and oppose all the phases of the Swarajists and Gandhists, etc.,
about passive resistance.”

• The Marxists should fight against Gandhian ideology. Accordingly they criticised Gandhian
philosophy of Civil Disobedience movement for being not a struggle but a manoeuvre of the
Indian bourgeoisie to obtain concessions from imperialism. They believed that Gandhian
programme diverted attention of the workers and peasants from their main struggle against
landlords and capitalists.
• But even then when important Congress leaders were arrested in Meerut Conspiracy case
Marxist leaders did not favour this arbitrary move of the British government and formed a
Civil Defence Committee which included such prominent leaders, as Moti Lal Nehru, Jawahar
Lal Nehru, Dewan Chaman Lal and many others. Funds were also raised for fighting court
case.
• Because of their negative approach towards Satyagrah, the Marxist lost the appreciation of
masses and when their leaders were arrested in Meerut conspiracy case, they went out of
national mainstream. But those who were not arrested started a paper called ‘Workers
Weekly’ which pleaded that working class must form a political party and that they can
play effective role only if they are leaders in an organisation with which they are associated.
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• The Marxists in India favoured complete independence of India not with the help of ahimsa
or non-violence but with the use of violent methods. They wanted that all British factories
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should be confiscated and then nationalised. No compensation should be paid for confiscated
lauds and other properties of landlords and other propertied classes.
• They also favoured nationalisation of banks, railways and all other major industries. All
debts, according to them, should be cancelled. The minorities should have right of self-
determination and native states should be abolished. An all India workers and peasants
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Soviet Republic should be created.

• The government, however, did not favour the activities of the Marxists in India and on 23rd
July, 1934 it imposed a ban on the functioning of the party. The Marxists now tried to
infiltrate in the Congress and some of them pleaded for constituting a united front of all
leftist forces so that a solid fight could be put against British Empire.
• They did not favourably view constitutional scheme embodied under the Government of
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India Act, 1935. They were opposed to Federal pattern for India and also scheme of provincial
autonomy. The Marxists had all along been condemning British government as an imperialist
and capitalist power which was exploiting the poor Indians. They wanted that the aim of
India’s freedom struggle should be that of throwing British out of India. But when Soviet
Russia joined Second World War on the sides of the Allies, the war became all of a sudden
people’s war.
• They appealed to the people of India to extend whole-hearted support to Britain in war
efforts. This completely alienated the sympathies of the people of India for the Marxists of
India. They thus went out of main stream of national struggled. They also got a serious push
out when they declared Subhash Chandra Bose as traitor and openly condemned Gandhian
philosophy, particularly his policies of Satyagrah and Ahimsa. Thus, the party could not
leave much impact during the difficult days when the country was fighting for winning
freedom.
5 (b) Jammu and Kashmir and Article 35A
What is Article 35A?
• Article 35A was incorporated into the Constitution in 1954 by a Presidential order issued
under Article 370 (1) (d) of the Constitution.
• Article 35A of the constitution empowers J&K legislature to define state’s “permanent
residents” and their special rights and privileges without attracting a challenge on grounds
of violating the Right to Equality of people from other States or any other right under the
Constitution.
• Article 35A protects certain provisions of the J&K Constitution which denies property rights
to native women who marry from outside the State. The denial of these rights extend to her
children also
• The Article bars non-J&K state subjects to settle and buy property in J&K.
Why is Article 35A debated?
• It was not added to the Constitution through amendment under Article 368 thus bypassing
the parliamentary route of law-making.
• It is contended that it is discriminatory against non-residents as far as government jobs and
real estate purchases are concerned. Thus, violating fundamental rights under Articles 14,
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19 and 21.
• Some refugees from West Pakistan, who had migrated to India during Partition, have moved
the Supreme Court challenging Article 35A of the Constitution relating to special rights and
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privileges of permanent residents of Jammu and Kashmir.
Arguments against
• It is feared that it would lead to further erosion of J&K’s autonomy and trigger demographic
change in valley.
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• It increases the possibility of flooding the valley by people from outside the valley which may
increase trust deficit.
5. (c) Radical humanist perspective of Freedom struggle by M.N Roy.
• Though M.N. Roy has played no less significant role in the national movement of the
country as champion of left wing ideology, yet his role and view point has not drawn much
attention of the people. To begin with he was strong supporter of Marxism and Marxian
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philosophy. In his ‘India in Transition’ he went to the extent of saying that Marxism could
only provide solution to India’s constitutional problems. He believed that India’s freedom
struggle should be fought on class lines.
• He very clearly pointed out shortcomings of his political ideology. He pointed out that
Gandhian programme of action lacks economic programme which could win the support of
masses. Then he pointed out that he wanted to do an impossible task of uniting the peasants
and landlords and also employers and workers. He also criticised Gandhiji’s economics of
Charkhra.But at the same time, he appreciated Gandhiji’s role for the use of mass for
national struggle, consolidation of Indian National Congress and adoption of techniques of
non-co-operation, non-payment of taxes and civil disobedience.
• He felt that basic weakness of Indian National Congress was that it had practically no
theoretical foundations and followed irrational religious notions. He favoured bringing radical
changes in the Indian National Congress. In 1922, he prepared a detailed programme for the
consideration of Indian National Congress. In this he proposed nationalisation of railways,
mines, and water ways and suggested that the aim of the Congress party should be complete
national independence from British domination.
• Instead of standing armies there should be national militia and each labourer should get
certain minimum wages. He also favoured 8 hour day for workers. All public utilities should
be nationalised and election of National Assembly should be held on adult franchise basis.
In his scheme he also provided establishment of Federal Republic of India in which religion
and politics should not be mixed but kept separate. Provision should be made for free
compulsory education. He stood for abolition of landlordism and distribution of land, thus,
available should be distributed among the peasants.
• The workers should be given in all industries a share in the profit and in all industrial
Workers’ Councils should be set up. Roy also wanted that workers’ right to go on strike
should be recognised. They should also have legal right to form trade unions. The cultivators
should be given cheap credit through State Agriculture Co-operative Banks which should be
set up by the government. Agriculture should be modernised.
• Roy suggested that in order to achieve these objectives country wide disobedience movements
should be started and organisation of national volunteers should be set up. He suggested
that the Congress party should support all strikes both financially and politically. Mass
demonstrations should also be organised. But his programme did not receive much attention
of the Congress.
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• But even then he favoured Congress programme of boycotting Simon Commission and
appreciated Lahore Congress resolution of full freedom for India. After coming out from jail
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in 1936, he decided to infiltrate in the Congress and capture its leadership. He believed that,
“The left wing radicals should make a determined effort to forge themselves into a party
with a scientific programme of national revolution. The formation of a Congress left wing
into a well disciplined and functioning party is correct approach to Congress rank and file
by the cadre of convinced Marxists.”
• He criticised Gandhian philosophy of Ahimsa and Satyagrah and instead in 1939 he organised
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the League of Radical Congressmen. In order to capture the leadership of Indian National
Congress in 1940, he contested for the Presidentship of the party but was defeated. Thereafter
he formed a separate party called Radical Democratic Party. In 1941 he organised Indian
Federation of Labour. While pointing out the need and necessity of forming a separate party
he said that it was impossible for revolutionary forces to organise themselves into a political
party inside the Congress. During World War II he pleaded that Allied forces should be
helped because these were fighting against the Fascists. He appealed to the people of India
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to come forward to whole-heartedly support British government in its war efforts. He was
opposed to Quit India movement of the Congress party. He was happy with the winning
of 1945 election in England by Labour party. He condemned both Cabinet Mission proposals
and Mountbatten plan. Because of his not strictly adhering to any political line of thinking
Roy and his followers could not show their impact on country‘s freedom struggle. They
could not prepare a scheme which could appeal the masses and as such they could not get
any following. Roy was disowned both by the Marxists and the Congressmen. His denouncing
Gandhian approach and philosophy took him away from Gandhian and that gave great set
back to his ideology. But he received great set back when during Second World War much
against the mood of the people of India he appealed to them to whole-heartedly support
British government in its war efforts. He lost their appreciation and was pushed in the
background.
5. (d) Functional criticism of Indian CAG.
Functional Challenges and Lacunas of CAG:
• The function of the CAG in India, is in a large measure, an inheritance from the colonial
rule.
• The CAG today is a primary cause of widespread and paralysing unwillingness to decide
and to act. Auditing as a repressive and negative influence.
• The Parliament has greatly exaggerated notion of the importance of auditing to Parliamentary
responsibility, and so has failed to define the functions of the CAG as the constitution
contemplated it would do.
• The CAG’s function is not really a very important one. Auditors do not know and cannot
be expected to know very much about good administration.
• Auditors know what is auditing, which is not administration; it is a necessary, but a highly
pedestrian function with a narrow perspective and a very limited usefulness.
• A deputy secretary in the department knows more about the problems in his department
than the CAG and his entire staff.
5. (e) Issues pertaining to Judicial Accountability and need for reforms. Discuss.
Recently a writ petition was filed demanding that a SIT under a retired Chief Justice of India be
set up in a case pertaining to instance of bribery for a favourable judicial order in a case of a
debarred private medical college admissions. The petition implicated a judgment written by current
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CJI, even though he has not been named in the FIR.
• After hearing the petition, a two-judge Bench headed by Justice Chelameswar referred the
case to a five judge Constitution Bench.
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• In a separate move another five-judge Constitution Bench headed by CJI declared that the
‘Chief Justice is the master of the roster’, i.e. he has the sole prerogative of setting up
benches.
• This assertion of administrative power by CJI in the face of allegation of corruption resulted
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in a dent on Judiciary’s moral authority and also presented a case of conflict of interest
wherein CJI became the judge in his own case.
• CJI further asserted that an FIR against sitting judge is not the procedure and amounts to
contempt of court thus raising the larger debate of judicial accountability and a dent on the
moral authority of judiciary.
Issues pertaining to Judicial Accountability
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• Inadequacy in legislative mechanisms to tackle judicial corruption: There are legislative

difficulties such as IPC section 77 and Judges (Protection) Act, 1985 in implicating and
prosecuting judges.
• Judicial accountability vs independence of judiciary: The demand of judges being investigate
by CBI, CVC or other such bodies can be misused to seek recusals of judges and may
undermine independence of judiciary.
• Problems with the impeachment: It is a long-drawn-out and difficult process along with its
political overtone.
• Judges appointing Judges: The collegium system in India presents a unique system wherein
the democratically elected executive and Parliament at large has no say in appointing judges.
• Non declaration of assets of judges and judiciary being beyond the purview of RTI further
needs a course correction.
Suggestions and Reforms for effective Judicial Accountability
• The cardinal principle that the CJI is the master of the roster must be re-examined as was
done in U.K. Although it is a tenet of judicial discipline but it cannot be considered an
absolute principle of justice delivery.

• A two level judicial discipline model with first level as a disciplinary system that can
admonish, fine or suspend judges for misdemeanours along with providing them some
limited measures of immunity; and, second level as a system of removal of judges for serious
misconduct, including corruption must be established.
• It is also impertinent that the scope of judicial accountability must be widened from the issues
relating to judicial ethics and judicial misconduct and bring in the issues of “efficiency and
transparency” through the adoption of a new Judicial Standards and Accountability Bill.
• It should also be brought under Right to Information Act. Transparency or openness is an
accepted principle of democracy and good governance.
6. (a) The evolving profile of legislators in Indian parliament offers both opportunities and
challenges. Discuss. How has the changing nature of leadership in parliament affected
its efficiency?
• In the period between 1952 to 1971 the parliament was ‘elitist’ in its character, dominated
mainly by urban, middle class, educated, elite. The Lok Sabhas of the period, particularly till
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that of 1967 were characterized primarily by the presence of two categories of members: the
modernizing elite consisting of the urban, educated and successful professional classes and
members of the traditional elite (including capitalists and landed gentry), with the former
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dominating. More than half of the members of the Lok Sabha belonged to the classes that
had had the benefit of higher and even professional education. Lawyers constituted a third
of the Lok Sabha membership. In addition, military, police and civil service personnel,
journalist and writers, were also a part of the Lok Sabhas of the period. Each of these
occupational groups formed a part of the urban, professional class
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• Apart from the urban middle class, those with agricultural interests constituted a substantial
segment of the Lok Sabha membership. A large number of MPs were full time social activists
drawing their sustenance in all probability, from agricultural property. Traders and
industrialists constituted nearly one tenth of the total membership of the Lok Sabha during
the entire period. The entry of workers, peasants, landless labourers and others appeared
almost impossible, given the fact that a western model of democracy, with which common
Indians were unfamiliar, was adopted.
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• Between 1971-1989, the socio- economic profile of the members underwent some changes.
This period witnessed the emergence of regional elite at the national level. Generally, the
members were older, more educated, with agricultural interest and experience at the state
level. The Lok Sabha continued to remain, a body consisting of members with a reasonably
high level of education. Occupationally, however, there was change in the composition of
the Lok Sabha. Agriculturists began to dominate the Lok Sabha membership. Their presence
in the Lok Sabha was continuously on the rise till 1989. Urban middle class professionals
continued to have a sizeable presence in the Lok Sabha, though there was a decline in the
presence of Lawyer members Workers and trade unionists were still conspicuous by their
absence.
• The post 1989 period has witnessed significant changes in the composition of the Lok Sabha
MPs in terms of their social profile, though economically they still belong to the affluent
sections of the society. The educational qualification of the MPs was better than their earlier
counterpart. Interestingly, many of the postgraduates were from state parties like the BSP,
the AIADMK, the DMK, etc. The SC, ST, and OBC members appeared to be as educated
as general category members were.
• In terms of occupation, majority of MPs were either agriculturist or full time social and
political workers. This change made the legislature more representatives in its character.
Urban professional classes too had not altogether lost interest in the political process. When
taken together, lawyers, businesspersons, educationists, and other urban professionals still
constituted nearly 40 per cent of the Lok Sabha membership.
• These small but significant changes in the socio-economic composition of the Lok Sabha
indicate the emergence to a new leadership. A large number of these members of the new
political elite had made gradual progress from grass root level to national politics through
the democratic process. An increasing number of them belong to state parties, or have
considerable legislative experience at state level. It may therefore be assumed reasonably that
there was a gradual transition of state elite to national politics. They appear to have brought
the influence of state politics to national level. Their view of politics and political institutions
is fundamentally different from their predecessors, who were imbued with political idealism
inspired by the west and nationalist spirit.
Changing nature of Leadership and its Impact on Legislative Efficiency
• The change in the socio economic and political composition of the Lok Sabha seems to have
affected the efficiency of the parliament. Though a direct relationship between changing
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composition and efficiency is difficult to establish, it is possible to identify certain trends.
• Law making, which constituted one of the three most significant functions of the legislature,
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witnessed a steady decline. The time spent on discussion of bills and the number of legislations
enacted, the extent of discussion and the interest of members in the deliberative process,
have all declined gradually, especially where the government has seemed vulnerable.1 Less
time and interest is shown by members in important financial discussions and budgets.
• Question Hour, once a very popular procedure of Lok Sabha, too has lost its appeal. Thus,
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as many as 20 starred questions, on an average, were answered during Question Hour in

the second Lok Sabha.2 On an average, nearly 50 MPs participated in such discussions and
a large number of them were from opposition parties, though the opposition was numerically
inferior then than it is today. This has declined to about three to four starred questions in
the period after 1989 and the number of participants in the question hour averages around
20 every day.
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• What is significant however is that the time spent and issues raised under Rule 377 or short
duration discussions, which allow MPs to raise constituency concerns, have gone up. Nearly
half of the matters raised during zero hour were related to constituency matters. Even
Private Members Resolutions and Question Hour which offers opposition an opportunity to
suggest alternative were used more to criticize governmental policies and discuss local matters
rather than to make suggestions. This trend has accentuated in recent times.
• Many of the issues raise in the parliament could well have been dealt at the state level. This
may be indicative of the desire of members to act as ‘representatives’ rather than members
of national legislative forums. One plausibility of such behavior may be the political pay offs
in the form of reelection that representative functions gives MPs.
• There has also been a qualitative change in the manner in which traditional parliamentary
functions, particularly those of seeking information and demanding better allocation of
resources, are performed. MPs in earlier parliament’s utilized parliamentary time to seek
information, pressurize the government to grant concessions for their constituencies and to
retain their independent existence. Hence, the opposition showed great interest in
parliamentary procedures such as Question Hour, legislative discussions, financial discussions,
etc. Such discussions were mainly on economic and developmental issues such as setting up
public sector enterprises, development of infrastructure, public spending, and the like. The
tone and tenor of the debates were serious with both the government and opposition paying
serious attention to it. Local issues were also couched in language of national discourse. This
gave a national character to the political discourse within the parliament and even outside.
• In the last two decades, there has been a perceptible decline in the interest of the members
in parliamentary proceedings; Discussions on legislations take place more within the
Committees rather than in the House, itself. When they do take place, they are in the nature
of electioneering with claims and counter claims by both sides, especially if the issues debated
upon are social or non-technical in nature.
• On economic and legal issues, the discussions continue to be technical with few members
who have obtained expertise through experience participating in it. While questions still
relate to grant of concessions, the tone and tenor of discussions are far more aggressive.
Discussions are characterized by strident attacks and questions on the intent of the
government. The language of discussion is both English and Hindi and humor, when used
is more in the nature of sarcasm.3 .Extra parliamentary and unparliamentarily methods such
as bargaining and negotiations between parties outside the legislature, walkouts, walking to
the well of the House, high decibel sloganeering, etc. have become a regular part of
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parliamentary proceedings.
New Political Elite: Redefining the Functions of Parliament?
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• The parliament in all democracies perform the functions of law making, deliberation, executive
oversight and accountability. The democratization of the polity together with the emergence
of a new elite has led to a redefinition of the traditional functions of the parliament and
reinterpretation of the role of parliamentarians, which is unique to expanding democracies.
Broadly speaking the modern Indian legislature appears to perform the following functions
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– Provide necessary numbers that are needed for government formation

– Correct imbalances born out of the functioning of competitive politics
– Provide the theatrical space for adversarial combat rather than of deliberative clarity
– Launch an attack on government policy and its implementation.
– Represent local interest and constituency concerns and
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– Communicate with the electorate

• The fragmentation of polity and emergence of coalition politics has meant that governments
are based on impermanent alliances. In the absence of solid majorities and alliances based
on ideology, the parliament provides the necessary numbers for government formation. This
has emerged as the primary utility of the parliament both for political parties and for its
parliamentary membership. Moreover, the failure of governments to complete its tenure has
it vulnerable to bargains and compromise.
• Parties whether in government or opposition coalition aim at maximizing their political
gains for as long as they are in office. Thus, demand for specific portfolios, such as railways
and state specific concessions such as waiver of all central loans are not unusual. Such
demands are justified on grounds of political biases of previous dispositions. They have
assumed the status of democratic means of rectifying political imbalances.
• Interestingly in the last two decades, the smaller state parties have laid down the agenda of
political discourse within the parliament. No issue which lacks the support of state parties
has usually been debated or passed. Thus, for instance, the women’s reservation Bill could
not be passed by the 14th Lok Sabha despite it having the support of both the major parties,
the Congress and BJP. The nature of deliberation is also determined by smaller parties to a
large extent. The MPs of regional parties are oriented towards local are most interested in
raising local issues and constituency concerns in the interest of maximizing political gains
and gaining public attention. Their insular nature and their limited support base also contributes
to this process.
• Given the intense political competition and the dependence of government on such parties
for continuation in office, MPs irrespective of their party affiliation have competed to ‘act as
representatives’. Discussion on national issues have also been interpreted from local
standpoints and parliamentary procedures of all types are used to achieve this end. The
parliament has emerged as a forum representing constituency concerns.
• In the process, the parliament has become far more representative in its character. Even the
language of discussion are carefully chosen as it reflected the world view of the representative
and the larger audience that the representative addressed. Thus, upper caste professionals
spoke on technical issues and occupational concerns in chaste English, women members
from national parties and members of regional parties of the south, spoke in English, the
language of modernity, while OBCs upper caste Hindus from the Hindi heartland, speak in
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Hindi.
• The issues that were raised assumed lesser significance, for on every issue members have
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found an opportunity to “act as representatives.” Local issues gained prominence over
national concerns and the representatives interpreted national interest as a sum of local
interest.
• The new leadership perceives the deliberative body as a theatre of conflict between different
segments of the political elite, each making an attempt exercise independent influence over
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the political process. This contributes to the process of maintaining distinct political identity
on the one hand and political maneuvering and bargains in the era of coalitions on the
other. In the absence of strong ideological underpinning and inadequate distinction between
parties over policies, the parliament has emerged as an important the adversarial space. The
primary focus of political parties is to questioning credibility of the government sometimes
with a view of bringing it down.
6. (b) From one party dominance to a multi-party power sharing model, India has seen
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diverse phases of Coalitional politics. Describe this evolution briefly phase wise. Do
you agree that benefits and challenges associated with Coalition governments exist
simultaneously?
The coalition politics operates in two ways - one, by the coalition of the political parties outside the
government; two, formation of the government by two or more political parties. ‘The latter is known
as a coalition government. The basic aim of a coalition government is to ensure majority control of
the legislative assembly/ parliamentary as well as the implementation of common minimum
programme. Coalition Government may receive support from outside also.
The term coalition has been derived from the Latin word ‘Coalitio’ which is the verbal substantive
of “Coalescere’-co together, and ‘alescere’-to grow up, which means to grow or together. Coalition,
thus, means an act of coalescing, or uniting into one body: a union of parties. In the specific
political sense the term coalition denotes an alliance or temporary union of political forces for
forming a single Government. A coalition is a grouping of rival political actor’s brought together
either through the perception of a common threat, or the recognition that their goals cannot be
achieved by working separately. In general terms a coalition is regarded as parliamentary or
political grouping which is less permanent than a party or faction or an interest group.
• Indian politics in the period from 1947 to 1967 was coalitional in nature. This was at the
level of political parties or political formations. Enormous organizational size, regional spread

and ideological diversity of the Congress transformed congress in a loose organization with
ideologically diverse groups. These ideologically and regionally divergent groups played the
role of opposition in tandem with the opposition parties with whom they shared homogeneity
in terms of ideology interests, as Kothari argues ‘Congress system has always been a system
of coalition multi-group in character, and informed by a continuous process of internal
bargaining and mobility’.
Functionalist political scientists like Rajni Kothari, Morris-Jones and Myron Weiner developed a
theoretical model for this level through the idea of a one-party dominant system or Congress
system. Rajni Kothari has also highlighted the consensual politics based on pluralism,
accommodation and bargaining followed by Congress party.
• The 1967 elections witnessed the coalition politics in another form, now involving the non-
congress opposition parties. Opposition parties were able to defeat congress in the assembly
elections in six States by joining into an electoral coalition and formed coalition in nine
states. 1967 elections; according to Morris-Jones, led to the emergence of a ‘market polity’
leading to a ‘pretty regular and continuous defectors market’.
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• The third phase in the evolution of coalition politics was marked by the defeat of the
Congress in 1977 parliamentary as well as assembly elections (in as many as six States).
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Populist, bureaucratic and authoritarian mode of politics in the party had led to the emergency
imposed by the Congress government. Janata Party was formed after four opposition parties-
come together.
• In 1980 decade the coalition politics came to an end at the centre. At the state level, however
the coalition politics continued. Congress, for instance, entered in to an alliance with National
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Conference in J and K and with the DMK in 1980 and with AIADMK till 1984 elections in
Tamil Nadu. The left parties-led coalition governments were formed in the States of Kerala,
Tripura and West Bengal during this period. It was during this period that the seeds of
future coalition politics emerged.
• In 1989 elections hastily coalition was formed in the form of formation of Janata Dal which
came into existence as a result of the merger of several parties like the Janata Party, Lok Dal
(A), Lok Dal (B), Janata Dal, subsequently formed an electoral alliance with the parties like
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DMK, Congress (S), AGP, CPI, CPI (M) and other small regional parties. National Front
Government failed to lay down a strong foundation of consensual polity, based on democratic
power sharing at wider level. It suffered from internal crisis of leadership as well as external
crisis built up over the confrontation with the BJP over Ajodhya issue.
• After 1996 Coalition politics in India has taken an Institutional form, there is pre-poll alliance
around two major political parties Congress (UPA), BJP (NDA) that is more or less stable
although entry and exit of small regional parties are regular phenomena. There is interesting
pattern, initially this broader coalition was at centre level but same coalition has been
reflected in state elections too.
The working of the Coalition Governments has been affected by the need to secure inter-party
Consensus. The heterogeneity of the Coalition partners in trellis of their social basis and ideologies
often has been resulting into disagreements between the Cabinet ministers on political and
departmental matters.
Impact on political spectrum and political discourses:
• This has been hampering the deliberative and decision-making process of the Cabinet as
preservation of the unity of Government as well as their separated identity as a partner in
the Coalition become priority for parties.
• Ideological lines are gradually becoming blurred and parties are turning out as ‘Catch all
Parties’ as the Coalition Governments at centre have been formed, not on the positive basis
of ideological or programmatic homogeneity but on the negative basis of capturing power
(like BJP led coalition Government in 1998) or to keep Congress and BJP out of power (like
United Front Government in 1996).
• The presence of regional parties in the Coalition has also led to a perception that the national
outlook has often sought to be over shadowed by a regional outlook( AIDMK on LTTE
Issue), and also that person or party gains have often received precedence over collective
ones (Trinmool congress on Water sharing). Regional agendas started become part of national
agenda.
Coalition politics undermine the position of PM:
• The Steering Committee of the Coalition partners, rather than Cabinet often ‘act as the de-
facto deliberative body thus undermining the process of Governance.
• The Governance also has suffered because of the weakened position of the Prime Minister
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in the coalition Governments formed in the recent years. Prime Minister has been in no
position to choose those as ministers in the Council of ministers who do not belong to his
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own party as they are chosen by their respective party leaders. This has undermined the
authority of the Prime Minister more so as he feels constrained even to dismiss them without
inviting the wrath of the concerned party.
6. (c) Elaborate with examples the nature of class inequality in India. What role was played
by impact of colonial influence in emergence of this?
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• Class societies are characterised by the horizontal division of society into strata. In Marxist
terms, classes are defined by their differential access to the means of production. The dominant
classes appropriate the ‘surplus’ produced by other classes through their control of means
ofproduction, and thus exploit their labour. The actual configuration of social classes varies
fromone society to another. The rise and growth of Indian social classes was organically
linked to the basic structure of colonialism and bore the imprint of that association.
• What constitutes the dominant proprietary class in the urban-areas is marked by plurality
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andheterogeneity in its composition. A clear-cut demarcation along the lines of merchant,

industrialand finance capital is not possible in case of India. The Indian business classes
exhibit acomplex intertwining of functions. Under the colonial rule, the Indian businessmen
were initiallyrelegated to small private trade, money lending and acted as agents of foreign
British Capital. The British capitalists and merchants controlled the upper layer of Indian
economy representedby the big joint stock companies, managing houses, banking and
insurance and major exportimport firms. Despite obstacles and constraints, the Indian
capitalist class grew slowly andsteadily and breached white ‘collective monopoly’. With all
structural constraints, colonialismalso guaranteed the security of private property and sanctity
of contract, the basic legalelements required for a market-led growth.
• The expansion of foreign trade and commercialisationeased the capital shortage and
accelerated the growth of sectors where cost of raw-materialswas low such as cotton textiles,
sugar, leather, cement, tobacco and steel. Certain groups ofParsis, Marwaris, the Khojas, the
Bhatias and Gujarati traders benefited from their collaborationwith the European companies
and pumped their resources into the manufacturing sector. ThisIndian capitalist class grew,
diversified to some extent and acquired important position by1940s.
• This class thrived during Independence under the government’s policy of import substitution
and quantitative controls. The ‘Public- Sector’ units provided the infrastructureand the
intermediate and capital goods to this ‘protected’ class while the public lendinginstitutions
provided it with cheap sources of finances. The assets of the biggest 20 industrialhouses
increased from Rs. 500 crores in 1851 to Rs 23,200 crores in 1986.
• This was theresult of benefits derived from state-developed infrastructural facilities, subsidised
energy inputs, cheap capital goods and long-term finance made available to these by big
monopoly industrialhouses under the planning. On the other hand, almost 70% of the
people exist on merelysubsistence level and 76.6 million agricultural labourers earn only one-
tenth of what an organisedsector worker in the city earns. In the 1980s, unemployment
reached about 10% of totalactive population.
• In the urban centres, the bulk of labourers are working in unorganisedinformal sectors. The
vast army of pavement vendors, domestic servants, porters and streethawkers represent a
kind of disguised urban unemployment.The class-composition in the rural areas also bears
the stamp of colonialism. The older groupof rural gentry, although its wings were clipped
away by the British colonial regime, wasretained and transformed into a kind of rentier class
of landlords invested with newly definedproperty rights on land.
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• This was especially true of permanently settled Zamindari areas ofBengal and Taluqdari
areas of Awadh. This landlord-rentier class generally emerged from thepre-existing groups’
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of Zamindars and Taluqdars who had enjoyed the rights of revenuecollection under the pre-
British regimes. They exercised “extra-economic’ feudal coercionover their small marginal
share-croppers.
• Since the Congress Party favoured a bureaucraticrather than mobilisational form for carrying
out a gradual social transformation after Independence,the power and privileges of these
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semi-feudal agrarian magnates remained intact in someareas. These classes now managed
the new democratic polity. The failure to implement radicalagrarian reforms meant that the
availability of resources and accessibility to spaces within thenew polity to the socially
marginal groups remained limited.
• The rich farmers, however, are numerically the most important proprietary class in the
ruralareas. In areas outside Zamindari settled areas of Bengal, the colonial state settled land-
revenue with dominant cultivating groups. A class of rich farmers emerged from these
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groups.They took advantage of the expanding market networks under the colonial economy
and theyhad resources like sufficient arable land, livestock, implements and better access to
credit.
• They also became less dependent on money lenders and they took to usury themselves.
TheJat peasants of Punjab and the Upper Doab, the Vellalas in Tamilnadu, the Kanbi-
Patidars ofSouth Gujarat, the Lingayats of Karnataka and the Kamma-Reddy farmers of
Andhra constitutedthis group.
• The tenancy legislation under colonialism and after Independence initiated theprocess of
transfer of landed resources from non-cultivating, absentee landlords to theenterprising rich
farmers. Some older groups of rentier landlords also converted themselvesinto this class. The
political clout of this class grew as it drew encouragement from state’spolicy of providing
price-supports to agricultural produce and from liberal provisions ofsubsidised inputs such
as water, power, fertilizers, diesel, credit and agricultural machinery.
• This class is easily identifiable by the ownership of landed and other agricultural resources.
In 1970s, about 20% households of the rich farmers owned about 63% of rural assets such
asland, livestock, building, and implements. This disproportionate access to rural assets
iscombined by its control over wage labour which is used to produce a sizeable
marketablesurplus by this class.
• The other pole of rural social-structure is the world of semi-proletariathaving little or no
control over productive resources. The agricultural labourers are a predominant group with
little or no guarantee of a regular employment, often burdened bycoercive domination of
rich farmers.
• The bureaucratic-managerial elite also constitute a significant class in India as the
relativelyweak capitalist class at the time of India’s Independence was not in a position to
completelysubordinate the highly developed administrative state apparatus. The growth of
non-marketmechanisms and planning in the allocation of resources and economic patronage
also resultedin the expansion of bureaucracy.
• This class expanded in the post-colonial phase with thespreading out of education and need
for professional and white-collar jobs involving new skillsand expertise. This is not merely
an auxiliary class of bourgeois as there are conflicts ofinterests between the public sector
professionals and private capital. The command overknowledge, skills, tastes and networks
of relationships are notable features of this class.
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7. (a) Discuss evolution of state autonomy movement in India; discuss political and economic
factors that shape the federal nature of Indian State.
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• Manifestation of the fight back on the part of the states against Centre’s dominance has
taken the shape of the movements talked off as the state autonomy movements. It is more
than the fight for financial resources, which has been a constant refrain on the part of the
states. This is so because the division of powers between the centre and states is such that
balance of powers tends to be against the states.
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• Apart from the struggle for financial resources, the state autonomy movements have a
political dimension, which gives them a distinct character. This dimension involves issues
such as the question of the exercise of powers by the centre under Art.356, to dismiss the
state government, appoint and remove governors, standing of the states within the federal
structure, and such other questions. In all of these the centre exercises discretionary powers
and the states are quite at the mercy of the centre. The movements for state autonomy have
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been centered on these issues.

• In India in particular, the process of political centralization was facilitated by the more or
less uninterrupted rule of the Congress party for the first 30 years both at the centre and in
most of the states and was necessitated by the challenges to the hegemony of the Congress
rule. The political dominance of the Congress and its hegemony over state power not only
helped it to contain by repression or manipulations the recurrent political crises but also
aggravated, by the very logic of the situation, the tendency towards the centralization and
concentration of political power. Given the nature of divisions among the ruling class parties
in India, the Congress had no difficulty in converting this centralized power into authoritarian
rule in the shape of the emergency. The consequence, as we have all experienced in a
gruesome form, was not just the erosion of federal principles and the negation of state rights
and powers but also a complete negation of the democratic rights and civil liberties of the
people, including sections of the ruling classes. It is in the context of these developments of
the recent past and the possibility of their recurrence in a possible future that the struggle
around the demand for state autonomy assumes importance and reveals its link with the
struggle for democratic rights of the people.
• There are great similarities between the periods 1967-1969 and 1977-1979 with respect to the
fortunes of the political parties as well as to the heightened articulation of the demand for

state autonomy. In both the situations, apart from one or two states, the regional or regionally-
based parties that gained at the cost of the Congress party were the ruling class regional
parties. Similarly, the parties which formed governments in different states on both these
occasions were providing opposition to the Congress party both at the centre and in the
states within a framework of similar policy preferences, e.g., Akalis in Punjab, the Bharatiya
Kranti Dal in Uttar Pradesh, the Dravida Munnetra Kazhagam in Tamil Nadu, etc.
• It is possible to argue here that the growth and consolidation of the regional ruling class
parties have been generally conditioned by the interests of the locally placed ruling class
groups like the landlords and kulaks in Punjab, Haryana, western U. P., etc. or the non-big
bourgeoisie in Tamil Nadu. It seems to plausible to argue that differentiation in landed
interests between different States is due to differential distribution of investments and
concessions by the centre on top of the historically inherited consequences of land tenures,
land development and productivity of land, crop specialization, etc.
• In situations of economic crisis the inability of the state to dole out concessions to the
dominant landed interests uniformly all over leads to discrimination and consequent
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dissatisfaction. This is likely to lead to conflicts of interest within the same class across the
regions.
•
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Under circumstances like these, the locally placed ruling class groups seek greater power for
themselves through the regional parties in power or opposition so that these can be used to
further their own interests when these are perceived as not being best served by the all-India
ruling class parties. Under circumstances like these, these ruling class groups avail of the
popular discontent due to the deepening of economic crisis in order to build up oppositional
politics in favour of the respective states. Such a configuration provides one objective ground
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on which regional movements thrive and seek greater” autonomy for” the states.
• After Nehru, particularly after the 1967 general elections when the Congress party lost in
as many as nine States to other parties, the ruling party at the Centre, the Congress, tried
to bypass, ignore or underestimate the gravity of the problem of Centre-State relations. The
only thing that the government had set up was the National Development Council. D. Jha
observed: “The division of functions and resources in the Indian Federal structure should be
considered from the point of view of the best devolution of functions and most effective
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utilisation of the scarce resources of the country. The issue of State rights versus Central
rights should not be raised as there were no State rights prior to the creation of the Federal
structure.”
• The Chief Ministers of various States, including the Congress-ruled ones, gave their different
views on the various aspects of Centre-State relations. In the year 1969, the Chief Ministers
of three States, namely, Andhra Pradesh, Orissa and Kerala, were dissatisfied over the issue
of Centre-State relations. The three leaders gave differing analyses of the political trend. All
three were critical of the Centre on one score or another. The Orissa Chief Minister said that
the federal system had worked fairly well, but there was need for some changes to ensure
more harmonious relations between the Centre and States. The Chief Minister of Andhra
Pradesh said that the present set-up was more Unitary than Federal and there should be
modifications to ensure real federalism. The Kerala Chief Minister called for a fresh approach
to the federal system enshrined in the Constitution. Several other Chief Ministers also assailed
the manner and method in which the Centre and Planning Commission had made the Plan
outlays. They also criticized the Centre for giving special assistance to certain States for
meeting their non-Plan commitments. In the year 1970, the Maharashtra Chief Minister had
challenged the very competence of the Planning Commission to set the norms for giving
such special assistance. Other Chief Ministers had questioned the propriety of giving this
assistance to only a few selected States.
• A survey of the actual working of our Constitution for nearly 60 years would hardly justify
the conclusion that, even though the unitary bonds have in some respects been further
tightened, the federal features have altogether withered away. Some scholars in India have
urged that the unitary bias of our Constitution has been accentuated in its actual working
by two factors—(a) the overwhelming financial power of the Union and the utter dependence
of the States upon Union grants for discharging their functions, and (b) the comprehensive
sweep of the now defunct Union Planning Commission, set up under the concurrent power
over planning. Santhanam observes: “India has practically functioned as a Unitary State
though the Union and the States have tried to function formally and legally as a Federation.”
• The role of the President, Governors, Chief Ministers, Inter-State Council, National
Development Council etc. were highly crucial in the evolution of Centre-State relations. It
is, therefore, imperative to examine the roles of these authorities in the context of Centre-
State relations and in illustrating the nature of Indian State.
7. (b) Unless there are adequate number of judges, speedy and efficient justice will remain
a distant dream.
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The SC bench rejected a petition (challenging the appointment of two judges as Additional judges
of Rajasthan HC, filed on the basis of previous SC judgments ) stating that –
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Retired judicial officers can be appointed as HC judges under Article 217(2) (a) as it did not make
it mandatory that the appointee in question should be holding a judicial office at the time when the
notification of appointment was issued.
Additional Judges of High Courts may also be appointed for tenure of less than 2 years (in context
of Article 224) even if the pendency is more than 2 years as was disputed in S.P. Gupta v. Union of
SC
India case.
• Along with this it was held that the process of appointing HC judges needs to be done
expeditiously.
Issues with delayed appointments of Additional Judges
• It defeats the purpose of Art 224(1) along with frustrating the hopes and trust of litigants
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facing delays due to lack of judicial capacity.

• Judicial officers get a chance for elevation (appointment as HC judges) when only a few
years of service are left and undue delays on part of executive further reduces their tenures
and sometimes their chances of elevation.
What may be done?
• Definite timelines may be drawn for each stage of the appointment process, so that the
process is accomplished within a time-bound manner.
• More transparency in the matters ofappointment may further unveil the causesbehind
delays.
• Faster finalization of Memorandum ofProcedure for the appointment of judges in thehigher
judiciary through proper consultationsbetween executive and judiciary.
• Physical infrastructure needs to be expandedand the necessary support staff be provided
tode-clog the system.
• Other Measures: Reducing governmentlitigation, compulsory use of mediation and other
alternative dispute resolutionmechanisms, simplifying procedures,recommending precise
capacity reinforcements and use of technology.
Constitutional provisions
Article 217 - Deals with the appointment and conditions ofthe office of a Judge of a High Court (1)
Every Judge of a High Court shall be appointed by thePresidentand shall hold office, in the case of
an additional or acting Judge, as provided in Article 224,and in any other case, until he attains the
age of sixtytwo years.
(2) A person shall not be qualified for appointment as aJudge of a High Court unless he is a citizen
of India and (a) Has for at least ten years held a judicial office in theterritory of India; or (b) Has for
at least ten years been an advocate of aHigh Court or of two or more such Courts in succession.
Article 224- Deals with appointment of additional andacting Judges
1. Additional JudgesAny temporary increase in the business of High Court or by reason of
arrears of work, the President mayappoint duly qualified persons to be additional Judgesof
the Court for such period not exceeding two years ashe may specify.
2. Acting JudgeAbsence of or inability to perform duties by any Judgeof a HC other than the
Chief Justice the President mayappoint a duly qualified person to act as a Judge of thatCourt
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until the permanent Judge has resumed hisduties
3. No person appointed as an additional or acting Judgeof a High Court shall hold office after
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attaining the ageof sixty two years.
Article 224 A- Appointment of retired Judges at sittings ofHigh Courts (Ad-hoc Judges) by the
Chief Justice of HC for any State with the previous consent of the President.
7. (c) Comment on the issue of balance between Fundamental rights and parliamentary
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privileges with recent examples.

• The distinctive mark of a privilege is its ancillary character. The privileges of Parliament are
rights, which are “absolutely necessary for the due execution of its powers”. They are
enjoyed by individual Members because the House cannot perform its functions without
unimpeded use of the services of its Members; and by each House for the protection of its
Members and the vindication of its own authority and dignity.
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• Certain rights and immunities such as freedom from arrest or freedom of speech belong
primarily to individual Members of each House and exist because the House cannot perform
its functions without unimpeded use of the services of its Members. Other such rights and
immunities such as the power to punish for contempt and the power to regulate its own
constitution belong primarily to each House as a collective body, for the protection of its
Members and the vindication of its own authority and dignity. Fundamentally, however, it
is only as a means to the effective discharge of the collective functions of the House that the
individual privileges are enjoyed by Members.
• In comparison to that the ‘sovereign people of India’ have a restricted right to free speech
but ‘their servants or representatives’ have an absolute freedom of speech in the Houses.
Even if one may reluctantly concede such a privilege to them in the interest of the smooth
conduct of the House, why should there be the power to send people to jail for the breach
of privileges?
Article 105 and Article 194
• Article 105 of the Constitution relating to the “Powers, privileges and immunities of Parliament
andits members” and Article 194 relating to the State Legislatures and their members contain
enumerated privileges and powers while leaving room for a large number of uncodified and
unenumerated privileges to continue.
• Article 105 and 194 pertains to the privileges enjoyed by the MPs with regard to freedom
of speech in the house. The MP enjoys immunity from any legal action with regard to his
conduct in the house.
• Articles 105 and 194 clearly lay down that the –‘power, privileges and immunities of the
legislature shall be as may from time to time be defined by the legislature, and until so
defined, shall be those of the House of Commons’. The expression ‘until so defined’ does not
mean an absolute power to not define privileges at all. Legislators have been arguing that
codification of privileges will harm the sovereignty of Parliament.
• An MP can be expelled by the speaker for acting in a manner derogatory to the dignity of
the house Under Articles 122 and 212. The Courts cannot enquire into the proceedings of
the house.
• The case of the Karnataka Assembly imposing fines and imprisonment on two journalists for
writing something against the Speaker when he was a legislator and against another legislator
has once again revived the debate about the need for codifying privileges and giving primacy
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to a citizen’s right to free speech over legislative privileges.
Criticism of Karnataka legislative assembly action
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The action is objectionable on various counts:
• First, it marks an unfortunate departure from the doctrine of separation of powers and
functions, on which the entire structure of Indian democracy stands. The Speaker is
complainant, advocate and judge, and has even fixed the quantum of punishment — a year
behind bars and Rs 10,000 in fines.
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• Second, there is very little clarity about the law of privilege, and whether it is proper for
legislatures to award punishments remains debatable.
• Third, Perhaps the Speaker of Karnataka assembly misunderstands the purpose of the law
of privilege, which is to protect the independence of the House. Privilege is to be invoked
only if an intervention prevents members of the House from discharging their duties. Typically,
this amounts to preventing legislators from speaking their mind. No such thing happened
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in this case. The legislators who felt impugned by the tabloids could have taken recourse to
the laws of defamation and libel, without dragging the issue into the House.
• Fourth, the misuse of privilege appears especially disturbing at this juncture, when the press
is perceived to be under attack. Last winter, the closure of Kashmir Reader for almost three
months, on the charge that its coverage of street protests following the killing of Burhan
Wani of the Hizbul Mujahedeen could incite “acts of violence and disturbance of public
tranquillity”, was entirely avoidable.
• Fifth, this decision reflects the kind of legislative overreach that sets dangerous precedents
in infringing constitutional guarantees of freedom of speech. In our parliamentary democracy,
where Parliament enjoys almost supreme powers, legislators face no threat from government.
In fact privileges have become a tool in the hands of the ruling party.
Supreme Court Judgments
• Gunupati Keshavram Reddi v/s Nafisul Hasan: Once Home Ministry was arrested at his
Bombay residence under a warrant issued by the Speaker of U.P. Legislative Assembly for
contempt of the House and was flown to Lucknow and kept in a hotel in Speaker’s custody.
On his applying for a writ of habeas corpus on the ground that his detention was in
violation of Article 22(2), the Supreme Court quashed the detention and ordered his release
as he had not been produced before a Magistrate within 24 hours of his arrest as provided
in Article 22 (2).
• This decision therefore indicated that Article 194 (or Article 105) was subject to the
fundamental right guaranteed under Article 22(2) in Part III of the Constitution.
• M.S.M. Sharma V/S S.K. Sinha: The Supreme Court’s decision in M.S.M. Sharma (1958),
giving primacy to the privileges over free speech, was made in the first decade of the
Republic during which the court had a lot of respect for legislators — most of them were
freedom fighters. However, by 1967, the Supreme Court was convinced that Parliament
should not have absolute powers. The Supreme Court explained the proposition laid down
in M.S.M. Sharma case and said: ‘We do not think it would be right to read the majority
decision as laying down a general proposition that whenever there is a conflict between the
provisions of the latter part of Article 194(3) and any of the provisions of the fundamental
rights guaranteed by Part III’, the latter must always yield to the former. The majority
decision, therefore, be taken to have settled only that Article 19(1) (a) would not apply and
Article 21 would.
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• In Refusal under Article 143: The rules of each House provide for a committee of privileges.
The matter of breach of privilege or contempt is referred to the committee of privileges. The
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committee has power to summon members or strangers before it. Refusal to appear or to
answer or to knowingly give false answer is itself a contempt. The committee’s
recommendations are reported to the House which discusses them and gives its own decision.
• The court in order to solve the undefined power of privilege has once introduced the
amendment in Art. 105(3) of the constitution in which helps to channelize the privileges
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claim by parliament and helps the court to determine whether the particular privilege exist
or not, and to prevent the house from making various vague privileges.
Conclusion
• There should be codification of privileges to bring clarity on the exact boundaries that may
not be crossed, and on which penal action may be taken. On the other hand, a law could
lead to intervention by courts. This issue has been examined several times by Parliament. The
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codification of privileges is basically resisted because it would make the privileges subject to
fundamental rights and hence to judicial scrutiny and evolution of new privileges would not
be possible.
• The National Commission to Review the Working of the Constitution (NCRWC) has also
recommended in the report submitted on March 31, 2002 that “The privileges of legislatures
should be defined and delimited for the free and independent functioningof Parliament and
State Legislatures.” It may thus be stated that the codification of privileges would strengthen
the rule of law.
• Hence there is an urgent regarding need to have a fresh look at the legislative privileges and
Supreme Court’s interpretation to legislative privileges with respect to modern notion of
human rights. Thus, in order to determine the privileges, the house cannot blindly adopt the
same that exist in Britain but has to decide and scrutinize whether it suits the Indian
Democracy and does not offend the Republic characteristic of the nation.
• The judiciary should immediately clarify the applicability of privilege, and ensure that
legislatures can no longer play plaintiff, advocate and judge, all rolled into one. Elected
representatives, whether in the states or at the Centre, should realise that criticism, however
unfair, is part of the game for participants in an open democracy in which there are checks
and balances in reasonably robust libel laws.
8. (a) The 'Nehruvian Consensus' was mix of principle and pragmatism. Substantiate with
examples.
The expression ‘Nehruvian consensus’ reflects the dominance of Nehruvian ideals and vision over
the alternative discourses regarding the preferred principles of political, social and economic
restructuring of postcolonial India. This postcolonial project was based on his ideas of democratic
socialism, secularism, agrarian redistribution, planned economy, rapid industrialization and non-
alignment.
Key Features of Nehruvian Consensus for Socio-Economic development:
• Nehru closely intertwined the concept of political independence with the concept of economic
independence. Thus, there emerged a consensus on the need for creating a self-reliant economy
through centralized planning and government intervention along Keynesian lines.
• Nehru emphasized the creation of a socialistic pattern of society, which was nothing but a
mixture of Fabian-style central planning and free enterprise. the direct foreign investment
regime remained quite open until at least the mid-1960s because Nehru appreciated the need
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for foreign capital and technology .He never conceded to the demands for the ouster of
multinationals by the Left parties .Thus, the Nehruvian consensus advocated a ‘mixed’
economy model for India. It incorporated the elements of capitalism to solve the problem of
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production and the essentials of socialism to solve the problem of redistribution.
• After independence also there was a concern about the oppressive and outmoded agrarian
structure. This concern translated into a consensus in the favour of transformation of backward
agrarian structure because it was felt that land reforms were needed to diminish inequality
and poverty. Consensus was to bring about ‘land reforms from above’ through land legislation,
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drafted by the central government, enacted by the state. It had features like, Zamindari
abolition, ceilings on agricultural holdings and redistribution of land, abolition of
intermediaries, tenancy reforms and updating of land records.
• Nehruvian vision of democracy was to combine political, civil and cultural freedom with
social and economic freedom. Thus, Nehru presented democracy as ‘Democratic Socialism’
with a distinctive content of Socialism and a strong element of Gandhian principles and
methods. in the constitution of Independent India, adopted on 26 Nov. 1949, the political,
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civil, and cultural rights were mentioned in part III under the title of ‘Fundamental Rights’
and social and economic rights were placed in part IV entitled ‘Directive Principles of State
Policy’. Though the former are justiciable and the latter are general guidelines for governments
with no legal sanction, yet the latter are no less important.
• The Nehruvian consensus on secularism was a conceptual combination of Gandhian religious
secularism and Nehruvian rational secularism. However, it was not just a merger of Religious
Reformation and Modern Enlightenment but also included new emergent ideas. Nehru
considered the establishment of the scientific institutions [like IITs and CSIR etc.] as an
antidote to superstition, religion, rumour and myth. It was in this sense that Nehru referred
to steel mills and dams as ‘the temples of modern India.’
• The Nehruvian framework of development was based on the belief that simultaneous
realization of democratization and economic development [industrialization, urbanization
etc.] by an activist state is not only possible but the twin processes will also lead to the
establishment of a modern, secular society.
8. (b) Discuss the constitutional challenges arising out of the issue of Office of Profit with
recent examples.
Recent Issues related to Office of Profit

• President Ram Nath Kovind has recently approved the Election Commission’s recommendation
to disqualify 20 party MLAs for violating the law against holding office of profit. The 20
MLAs were appointed as parliamentary secretaries to Delhi Ministers on March 13, 2015.
• Upon filing of present petition before the President, the AAP government in Delhi introduced
the Delhi Members of Legislative Assembly (Removal of Disqualification) (Amendment)
Bill, 2015 on June 23, 2015. The Billsought to save these MLAs from disqualification.
• The reference was sent to the Election Commission by then President Pranab Mukherjeein
2015 to examine the question of alleged disqualification on account of office ofprofit. The
proceedings before the Election Commission commenced on June 24, 2016and the poll panel
also considered several intervention applications in the matter. Whilethese proceedings were
pending before ECI, a Public Interest Litigation was filed by anoutfit called Rashtriya Mukti
Morcha challenging the appointments.
The Decision
• According to the government notification issued by the ministry of Law andJustice, “having
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considered the matter in the light of the opinion expressed bythe Election Commission of
India, Ram Nath Kovind, President of India, inexercise of the powers conferred on him
under section 15(4) of the Governmentof National Capital Territory of Delhi Act, 1991,
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do hereby hold that the aforesaid20 Members of Delhi Legislative Assembly stand disqualified
for being membersof the said Assembly.”
• The Election Commission’s recommendations to the President: The appointmentof the
respondent MLAs as Parliamentary Secretaries by the GNCTD bypasses and frustrates the
objective sought to be achieved by Section 15(1)(a) of theGNCTD Act, 1991 and is also
against the principle of legislative oversight of theGovernment which is the basic tenet of
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Parliamentary form of Democracy.Hereby, discussing the concept of Office of Profit and

Parliamentary Secretaryto explain why disqualification occurred.
• According to Article 102 (1) (a), a person shall be disqualified as a member ofParliament for
holding any office of profit under the government of India or thegovernment of any state,
“other than an office declared by Parliament by law, not todisqualify its holder”. Article 191
(1) (a) has a similar provision for the members of state assemblies.
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• The idea behind the concept of office of profit – which evolved in England – is topreserve
the independence of the legislature by keeping the members away from anytemptations from
the executive that can come in the way of independent discharge oftheir duties. It also seeks
to enforce the principle of separation of power between thelegislative, the judiciary and the
executive – a basic feature of the Constitution.
Concept of Office of Profit
An office of profit is an office which is capable of yielding a profit or pecuniarygain. Holding an
office under the Central or State government, to which somepay, salary, emolument, remuneration
or non-compensatory allowance is attached,is “holding an office of profit” for the purpose of Article
102 of the Constitution of India.
A certain office will qualify to be an office of profit if-
• Government makes the appointment
• Government has the right to dismiss the office bearer at its will
• Government pays the remuneration
• Government exercises control over the functions of the office holder
• Office yields personal gains to the holder
Though these five tenets need not co-exist conjointly for determining whetheran office is an office
of profit under the government, however Supreme Courthas over-stressed on third and fifth point.
The idea behind the concept is to preserve their independence from the executiveso that they do not
feel any government pressure in the discharge of theirlegislative duties.
Supreme Court in Jaya Bachchan vs Union of India:
“For deciding the question as to whether one is holding an office of profit or not, what is relevant
iswhether the office is capable of yielding a profit or pecuniary gain and not whether the
personactually obtained a monetary gain. If the ‘pecuniary gain’ is ‘receivable’ in connection with
the officethen it becomes an office of profit, irrespective of whether such pecuniary gain is actually
received ornot. If the office carries with it, or entitles the holder to, any pecuniary gain other than
reimbursementof out of pocket/actual expenses, then the office will be an office of profit for the
purpose of Article102 (1)(a)”.
The office of minister is one such exemption that is not considered an office of profit under the law.
But there is a constitutional limit on the number of ministers, 15% of the total number of members
ofthe Assembly ordinarily, which is limited to 10% in the case of Delhi, since it is not a “full” state.
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However, a person who acquires a contract or license from a government to perform functions,which
the government would have itself discharged, will not be held guilty of holding an office of profit.
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So, acquiring a gas agency from the government or holding a permit to ply do not amount toholding
office of profit.
Issue in Delhi Assembly
• In March 2015, the Arvind Kejriwal government appointed 21 AAP legislatorsas parliamentary
secretaries to “facilitate smooth functioning” of various ministries The order appointing
them said they would not get any remuneration or perksbut would have space in the
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minister’s office to work and could use government transport for “official purposes”.
• The decision was challenged before the Delhi High Court by Rashtriya MuktiMorcha, a non-
governmental organization. In a public interest litigation filed inMay 2015, the NGO claimed
the appointments were “unconstitutional, illegaland without jurisdiction”.
• In response, the AAP passed a Bill amending the Delhi Members of LegislativeAssembly
(Removal of Disqualification) Act, 1997 to exempt the post ofparliamentary secretary from
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the definition of the “office of profit”. The partymaintained that it was not an office of profit
since the legislators were not getting”pecuniary benefit”. Arvind Kejriwal claimed they were
“working for free”.
• But the Bill was rejected by President in June 2016. Unlike “full states”, in thecase of Delhi
a Bill passed by the Assembly do not become law unless approvedby the Lieutenant Governor
and the Centre. And that is what makes this casedifferent from others.
• In September 2016, the Delhi High Court scrapped the legislators’ appointmentas
parliamentary secretaries.
• The legislators then went to the Election Commission arguing that since theHigh Court had
declared their appointment null and void, the poll panel couldnot hear a petition against
them for holding an office that never existed. Thecommission did not agree, writing to the
President in June last year that the MLAs “did hold de facto the office of parliamentary
secretaries” from March 13, 2015to September 8, 2016.
• The commission has now concluded that the post of parliamentary secretary didindeed
qualify as an office of profit.
• The AAP has argued that the Election Commission did not hold a single hearingon the case
after its order of June 23, 2017.
A Parliament Secretary often holds the rank of Minister of State and has the sameentitlements that
is assigned to a government department.
Parliamentary secretaries are appointed by Chief Minister and are deemed to beMinisters only for
the purpose of ensuring better co-ordination between theexecutive and legislature. These secretaries
by virtue of a Statute are involvedwith the sole purpose of planning and co-ordination of legislative
and other official business in the state.
But it is against the constitutional principles on the following grounds:
• Article 102 and 191 of the Constitution says that a person shall be disqualifiedfor being
chosen and for being a member of the House if he holds anyoffice of profit under Government
of India or any state government. Theessence of this disqualification is that there should be
no conflict betweenthe duties and interests of an elected member.
• Article 164(1A) specifies that the number of ministers including the ChiefMinister has to be
within 15% of thetotal number of members of theAssembly (10% in the case of Delhi, which
is not a ‘full’ state). Over the lastfew years, courts across the country have struck down the
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appointment ofParliamentary Secretaries for violating the Constitution.
• Further Parliament secretaries for maintaining pro-party, pro-government (tilting towards
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ruling party) approach many a times acts as the lenient source towardsthe ruling party.
• They got privileges of handling files of the Department concerned under certaincircumstances
which is not acceptable and justifiable when the very system inexistence indicates Cabinet
form of Government. It is nothing but elevating goodnumber of MLAs, to the position of
Minister of State under the guise of Parliamentary Secretaries violating the Constitutional
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mandate. Thus Election Commission has disqualified the Parliamentary secretaries.

Basic criteria to disqualify an MP or MLA:
Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution, and for
anMLA in Article 191.
They can be disqualified for:
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• Holding an office of profit under government of India or state government.

• Being of unsound mind.
• Being an undischarged insolvent.
• Not being an Indian citizen or for acquiring citizenship of another country.
The word ‘office’ has not been defined in the Constitution or the Representation of the People Act
of1951. But different courts have interpreted it to mean a position with certain duties that are more
orless of public character.
However, a legislator cannot be disqualified from either the Parliament or State Assembly for holding
any office. It can be done for holding
• An office.
• An office of profit.
• An office under the union or state government.
• An office exempt by law from purview of disqualificatory provisions.
• All four conditions have to be satisfied before an MP and MLA can be disqualified.
Way Forward
The significance of the disqualification is to ensure the independence of the threebranches (legislative,
judiciary and executive) of the government and maintain checksand balances. Makers of the
Constitution wanted that legislators should not feelobligated to the Executive in any way, which
could influence them while discharging legislative functions.
Second ARC Recommendation on “Office of Profit”
Although the Constitution declares that an MP shall be disqualified if he holds an Office of Profit, it
doesnot define the term. It however allows certain offices to be exempted through legislation.
Therefore, underthe Parliament (Prevention of Disqualification) Act, 1959, a large number of posts
have been exemptedfrom disqualification. The law should clearly define Office of Profit based on 3
principles:
• Exempt all offices which are purely advisory bodies;
• Include all offices which involve executive decision making and control of public funds; and
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• If by virtue of being a Minister, is also a member of an organization such as the Planning
Commissionwhich is vital for day to day functioning of the government, it shall not be
considered as office ofprofit.
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Conclusion
The question whether a person holds an office of profit is required to be interpretedin a realistic
manner. Nature of the payment must be considered as a matter of substancerather than of form.
Nomenclature is not important. Too much reliance on the ‘potentialdoctrine’ by the Election
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Commission of India makes it more susceptible for challengeon that account alone. It is time for the
Supreme Court to examine and streamline theconfusing elements related to the ‘office of profit’ and
tests evolved thereto.
8. (c) Analyse the factors which have led to tussle of power between centrally appointed Lt.
Governors and popularly elected Chief Ministers in Union territories. In what ways do
Union territories differ from States in executive and legislative process?
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UTs and its Administration

• Every UT is administered by the President through an “Administrator” appointed by him.
• The “Administrator” of the UT has powers similar to that of the Governor but he is just a
representative of the President and not the constitutional head of the state.
• The administrator may be designated asLieutenant Governor, Chief Commissioner
orAdministrator.
• The powers and functions of Administrator aredefined under Article 239 and 239AA of
theConstitution
Ambiguities in Government of Union Territories Act, 1963
• This act provides for a Legislative Assembly inPuducherry, with a Council of Ministers to
govern the “Union Territory of Pondicherry”. On the “Extent oflegislative power” of the
Assembly, the act providesthat MLAs “may make laws for the whole or any part ofthe
Union Territory with respect to any of the matters enumerated in the State List or the
Concurrent List”.
• However, the same Act says that the UT will beadministered by the President of India
through an Administrator (LG). And Section 44 of the Act, says theCouncil of Ministers
headed by a Chief Minister will “aid and advise the Administrator in the exercise of
hisfunctions in relation to matters with respect to which the Legislative Assembly of the
Union Territory haspower to make laws”. The same clause also allows the LG to “act in his
discretion” in the matter oflawmaking if there is any difference in opinion.
Difference between powers in state and UT
• The Union Government can exercise executive andlegislative power on all State subjects
withreference to a Union Territory, which is not possiblein a full-fledged State Government.
• According to Article 244, the President has powersto make regulations for a UT unless there
is a legislature for that State. Even if there is alegislature, the Administrator can reserve it
for theassent of President, who might reject it, except amoney bill.
• The Governor appoints the CM in States but thePresident appoints the CM and Ministers for
UTs,who will hold office during the President’s pleasure.
• Prior sanction of the Administrator is required forcertain legislative proposals involving
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“Judicial Commissioner”
• ‘Recommendation’ of the LG is obligatory for UTgovernment before moving a Bill or an
amendmentto obligatory for
–
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the imposition, abolition, remission, alterationor regulation of any tax
– the amendment of the law with respect to anyfinancial obligations undertaken or to be
undertaken
– anything that has to do with the ConsolidatedFund of the UT
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Arguments in favour of CM’s stand

• Undermining of rights of elected government – TheUTs of Delhi and Puducherry have
been providedwith a legislative assembly and Council of Ministers.Therefore, their
Administrators are meant to actupon the aid and advice of the CM and his Council
ofMinisters.
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• Accountability to people – Being people’srepresentative in the legislative assembly, they

areaccountable to people for their welfare. LG may notapprove certain policy decisions
taken by thegovernment for the same.
• Parallel power centres – LG should not conductinspections, meet people directly and give
directions bypassing the elected government. She has tocoordinate with the government.
• Upset balance of power between LG and CM -Constitution would not have envisaged a
legislature and a council of ministers feeding on public funds, ifthese are to be overruled by
LG frequently.
• Article 240 (1) states that the President’sadministrative control ceased to exist after the
legislative body was created, thus, an appointee (LG)of the President had no powers over
and above the council of minister and elected representatives.
Arguments in favour of LG’s stand·Rule 21(5) of Business of the Government
ofPuducherry – According to it, LG can call for filesrelating to any case and request the CM
for update onany doubt or query which may arise.
• Article 239AA– It states that in case of a difference ofopinion and referring a matter to the
central government/president in an urgent situation, the LGcan take action as he deems
necessary and can give such directions as he considers necessary.
• Delhi high court judgement - In a similar feudwitnessed between Delhi Chief Minister and
former LG, Delhi High Court had in August 2016 upheld thesupremacy of the LG.
• Rule 47 – According to it, the Administrator exercisespowers regulating the conditions of
service of personsserving in UT government in consultation with the ChiefMinister.
Way forward
LG has more powers in UT than a governor in the state.However, LG should use its capabilities to
guide, direct and advice the government and allow primacy inadministration to the elected
government.
Now, Legislative Assembly of Puducherry has passed a resolution urging the Union Government to
makenecessary amendments in the Union Territories Act 1963, to bestow full administrative powers
on the electedgovernment and curtail the role of the Lt. Governor.
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IAS 2018

1. Answer the following questions in about 150 words each:

2. Attempt all questions:

issue with focus on the recent SC judgement. (15)

Political Science [1]

5. Answer the following questions in about 150 words each:

privileges with recent examples. (20)

• Word limit in questions, wherever specified, should be adhered to.

1. Answer the following questions: (150 Words Each) (10 × 5 = 50)

(a) Satyagraha versus passive resistance

(c) Secularism is contested idea in the Indian scenario. Discuss.

(d) Role of Strong Opposition in democracy

(e) Role of Pressure Groups in Policy Formulation

2. Attempt all questions:

3. Attempt all questions:

4. Attempt all questions:

(b) Nature and Evaluation of Land Reforms in India after Independence.

5. Answer the following questions: (150 Words each) (10 × 5 = 50)

(a) Marxist perspective on Indian National Movement

(b) Jammu and Kashmir and Article 35A

(c) Radical humanist perspective of Freedom struggle by M.N Roy.

(d) Functional criticism of Indian CAG.

6. Attempt all questions:

7. Attempt all questions:

8. Attempt all questions:

1. (a) Satyagraha versus passive resistance

Hints: Political Science [1]

[2] Hints: Political Science

• To avoid false implication of an innocent, a preliminary enquiry may be conducted by the

beyond normal hours.

[10] Hints: Political Science

and other Election Commissioners.

ruling the country since independence.

one, and only one, of them.

[14] Hints: Political Science

Hints: Political Science [15]

• The Commission undertakes visits to evaluate the progress of development of women in

[16] Hints: Political Science

on the basis of four types of experiments, namely;

tenure and 3) conferring ownership to tenants.

lowered ceiling for a family of five.

contribute at all to an increase agricultural production or b) that institutional arrangements alone

in the electoral politics articulating and asserting their democratic rights.

Hints: Political Science [21]

5. (a) Marxist perspective on Indian National Movement

[22] Hints: Political Science

Soviet Republic should be created.

• Inadequacy in legislative mechanisms to tackle judicial corruption: There are legislative

[26] Hints: Political Science

as many as 20 starred questions, on an average, were answered during Question Hour in

– Provide necessary numbers that are needed for government formation

– Communicate with the electorate

[30] Hints: Political Science

andheterogeneity in its composition. A clear-cut demarcation along the lines of merchant,

been centered on these issues.

[34] Hints: Political Science

facing delays due to lack of judicial capacity.

privileges with recent examples.

[40] Hints: Political Science

Parliamentary form of Democracy.Hereby, discussing the concept of Office of Profit and

mandate. Thus Election Commission has disqualified the Parliamentary secretaries.

• Holding an office of profit under government of India or state government.

UTs and its Administration