B.

A POLITICAL SCIENCE

THIRD SEMESTER

INDIAN POLITICAL SYSTEM

PSC.03

________________________________
LOYOLA COLLEGE
WILLIAMNAGAR
_________________________________

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 SYLLABUS
INDIAN POLITICAL SYSTEM

Objectives

To provide information regarding the political processes and the actual functioning of
the Indian political system with an emphasis on the role of social and economic processes
with the help of discussion and analysis on regular basis, the main objective of this course is
to make the students able to:

 Acquire information regarding the history of formation and development of Indian

constitution.
 To understand the key concepts and processes related with Indian Political System.
 To apply the knowledge of Indian political system to the current political happenings
of India.

UNIT TOPICS

1. Nature of Indian State: Historical & Ideological basis of the Indian Political System

2. Fundamental Rights, Duties and Directives Principles

3. Federalism and Parliamentary Democracy: Union-State relations and Judiciary in India

4. Planning economic liberalization and Land Reforms

5. Electoral Politics in India: Parties and Pressure Groups

6. Social Movements & Political Mobilization – Caste, Gender and Ethnicity

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Units Contents Page No.

1. NATURE OF INDIAN STATE: HISTORICAL & IDEOLOGICAL BASIS OF THE IPS 9

1.1. Nature of Indian State

Introduction

1.1. Nature of Indian State

1.2. Characteristic features of the Indian political system

1.3. Constitutional development in India/ Historical basis of the Indian political

System

1.4. The ideological basis of the Indian Political system

1.5. Summary

1.6. Review questions

1.7. Further readings

2. FUNDAMENTAL RIGHTS, DUTIES AND DIRECTIVE PRINCIPLES 28

2.1. Fundamental Rights

Introduction

2.1.1. Meaning of Fundamental Rights

2.1.2. Nature of Fundamental Rights

2.1.3. Importance of Fundamental Rights

2.1.4. Categories of Fundamental Rights

2.1.5. Salient Features of Fundamental Rights

2.1.6. Judicial Review of Fundamental Rights

2.1.7. Critical Assessment of the Fundamental Rights

2.1.8. Summary

2.2. Fundamental Duties

Introduction

2.2.1. Fundamental Duties given in Indian Constitution

2.2.2. Relationship between Fundamental Rights and Fundamental Duties

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 2.2.3. Summary

2.3. Directive Principles of State Policy

Introduction

2.3.1. Nature of Directive Principles

2.3.2. Importance of Directive Principles

2.3.3. Classification of DPs

2.3.4. Fundamentalization of Directive Principles

2.3.5. Directives contained in other parts of the Constitution

2.3.6. Fundamental Rights and Directive Principles

2.3.7. Relative importance of DPs vis-a-vis FRs

2.3.8. Importance of Directive Principles of State Policy

2.3.9. Implementation and Achievements with Regard to Directive Principles

2.3.10. Criticism of DPs

2.3.11. Summary

2.3.12. Review Questions

2.3.13. Further Readings

3. FEDERALISM AND PARLIAMENTARY DEMOCRACY: UNION-STATE RELATIONS AND

JUDICIARY IN INDIA 57
3.1.1. Federalism

Introduction

3.1.2. Nature of Indian Federalism

3.1.3. Federal features

3.1.4. Summary

3.2.1. Concept and nature of Indian Parliamentary Democracy

Introduction

3.2.2. Composition of the Indian parliamentary democracy

3.2.3. Speaker of the Lok Sabha

3.2.4. Powers and Functions of the Speaker

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 3.2.5. Position of the Speaker

3.2.6. Powers and functions of the Parliament

3.2.7. Role of the Parliament

3.2.8. Unitary character of the Indian political system

3.2.9. Summary

3.3.1. Tension areas between the Centre and the State

Introduction

3.3.2. Recommendations of the Sarkaria Commission

3.3.3. Summary

3.4. Judiciary and Judicial review

3.4.1. Composition and function of the Indian Supreme Court

3.4.2. Independence of the Supreme Court

3.4.3. Jurisdiction of the Supreme Court or Powers and functions of the

Supreme Court

3.4.4. Power of judicial review of the Supreme Court

3.4.5. Features of Judicial Review

3.4.6. Summary

3.5.1. Judicial Activism

Introduction

3.5.2. Critical assessment of judicial review

3.5.3. Summary

3.5.4. Review Questions

3.5.5. Further Readings

4. Planning economic liberalization and Land Reforms 101

4.1. Planning Economic Liberalization

Introduction

4.1.1. Principles of economic liberalization

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 4.1.2. The impact of planning economic liberalization

4.1.3. Objectives of the Industrial Policy of 1991

4.1.4. Summary

4.2. Land Reforms

Introduction

4.2.1. Achievements and drawbacks of land reforms

4.2.2. The Impact of land reforms in India

4.2.3. Political aspect of land reform

4.2.4. Summary

4.2.5. Review Questions

4.2.6. Further Readings

5. Electoral Politics in India: Parties and Pressure Groups 113

5.1. Political parties in India

Introduction

5.1.1. Characteristics of Party System in India

5.1.2. Types of political parties in India

5.1.3. Summary

5.2. Pressure groups in India

Introduction

5.2.1. Salient feature of the Indian Pressure Group

5.2.2. Classification of organized groups

5.2.3. Summary

5.3. Major Indian Pressure Groups

Introduction

5.3.1. Big Business Groups

5.3.2. Interest Groups

5.3.3. Summary

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 5.3.4. Review Questions

5.3.5. Further Readings

6. Social Movements & Political Mobilization – Caste, Gender and Ethnicity 133

6.1. Social Movement

Introduction

6.1.1. Characteristic features of a social movement

6.2. Political Mobilization

Introduction

6.2.1. Meaning and nature

6.2.2. Summary

6.3. Caste movements in India

Introduction

6.3.1. Nature of Caste movements

6.3.2. Types of Caste movements

6.4. Gender/ Women’s movement in India

Introduction

6.4.1. Historical development of Gender movements

6.4.2. Types of Gender movements

6.4.3. Phases of women’s movements

6.4.4. The All India Women's Conference (AIWC)

6.4.5. Summary

6.5. Ethnic movement in India

Introduction

6.5.1. Ethnicity movement in Assam

6.5.2. Ethnicity movement in Punjab

6.5.3. Summary

6.5.4. Review Questions

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 6.5.5. Further Readings

* Questions Bank – University 157

* Model Answers – Descriptive 161

***

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 Unit – 1: Nature of Indian State: Historical & Ideological basis of the IPS

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Unit – 1
Nature of Indian State: Historical & Ideological basis of the IPS
INTRODUCTION

The Indian political system has not been static. It has been changing with changing times but
to a large extent, the basic system has remained unchanged. In the ancient past both under the
Hindu and the Muslim rulers, there used to be an absolute monarchy. The ruler used to be
above law of the land as there were no written laws. The words of the Raja or Badshah used
to be final and no one dared to challenge the commands of the King. He, of course, used to
have his Ministers who provided him feedback to enable him to make a decision, but the king
didn't need to accept their advice.

There was also a system of doing the work through various departments and also the method
of coordinating their activities. But there was no system by which public opinion could reach
the Monarch. It was the good or bad luck of the people to have either a benevolent or cruel
monarch. Public welfare was not the sole aim of the king. It was a feudal system and the
society was feudalistic. The taxes collected used to be spent on the personal comforts of the
ruler. The last of the Mughals surrendered before the de facto authority of the East India
Company. The Company governed a large part of India but again basically the system
remained the same. It had no feedback from the people.

The input system was very weak and the character of administration remained autocratic.
There was administrative machinery, but more than often that was used as an instrument of
exploitation of the people, rather than that of their welfare. Since the feedback to the political
system established by East India Company in India was poor, therefore, output in the form of
final laws was not to the satisfaction of the people. The result was that the structure could not
resist the demands of the people and ultimately bowed down when there was an outburst in
1857. The administration of India went from the Company to the Crown.

The system had a slight change under the Crown. It was felt that it would be made responsive
to the people though slowly and gradually but practically that did not happen. From unwritten
law, a step forward towards written law was taken when Acts were passed in 1861, 1909,
1919, 1935, and then in 1947. Basic structure and system, however, remained unchanged.
Throughout the period in India, the system was headed by a Governor-General, who was not
responsible to the people of India in any way.

Though Councils set up under the Acts were enlarged and it was hoped that these would
provide sufficient feedback to lawmakers yet the whole process was very slow. The right to
the franchise was given to very few persons who did not represent the masses. The system
came under strains and stresses by Indian political leaders who suggested the people of India

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demonstrate, go on strike, boycott British goods, customs, and the people as well as their way
of life. World public opinion puts more strain on the system.

In this way, there was stress and strain both on internal and external structures, which
ultimately compelled the British government to withdraw from India. In the process, political
bosses in England tried to dilute the pressure of strains by way of appointing different
commissions, like Cripps Mission, Cabinet Mission, and Mountbatten Mission.

1.1. Nature of Indian State

Non-Political nature of the system

In the ancient past, one important feature of our political system was its non-political
character. One does not hear of opposition to rulers both in ancient, medieval, or even before
the formation of the Indian National Congress in 1885, or of any organized political activity.

The political element in our administrative system got inducted in the early years of this
century when the Indian National Congress began to get roots among the masses. After some
time communists and communalists joined Indian political life.

Indianization of Indian Political System

Quite often it is believed that the Indian political system, during British days was a replica or
carbon copy of the British political system. But that is not true. The system developed under
the influence of eastern, western, ancient, and modem Indian traditions.

Despite their best efforts, the Britishers could not completely impose their system on India.
Norman D. Palmer, in his Indian Political System, has rather rightly said that “Indianization
of Indian politics is still going on.”

Combination of centralization and decentralization

One salient feature or characteristic of the Indian political system both before and after
independence has been a combination of centralization and decentralization. Whereas
throughout ancient, medieval, and modern India there has been a concentration of powers, the
Panchyati Raj institution enjoyed considerable autonomy.

The rajas and the kings were all-powerful and exercised unchecked powers but at the same
time, they did not interfere in village affairs. During the British era and after independence
under the new constitution central government has been made very powerful, but still, the
stress has all along been in keeping away from village affairs and granting considerable
autonomy to village Panchayats. These are now being made more powerful and will have
separate budgets, more financial powers, and regular elections.

Powerful bureaucracy

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In the political structure steel framework of the government was that a powerful bureaucracy,
with no contacts with the masses. It was supposed to be politically neutral and also required
to implement the decisions of the legislature, which again was in no way a representative
body.

The governmental system was based on three organs, namely, the executive, the legislature,
and the judiciary. But on the whole, the bureaucracy was very powerful. It was the steel
framework of the government.

In brief political structure up to 1947 did not change much in India. It remained the same,
though at times more attention was paid to one aspect of life than to the other. The Colonial
system was the guiding principle of political arrangement and the basic structure of the new
constitution still inherits much from die past.

Role of the caste system

In India, the caste system has very deep roots. It is difficult to think of our social and political
system and organization without the caste system. This system though a slur on the fair name
of our society was very much encouraged by our British rulers.

It was forcibly got inducted in our political system so that one caste was made to fight against
the other and the whole society got divided and there was no united political opposition. The
caste system very much dominated the political system and in many ways continues to
dominate it even now.

Today all political party candidates for all elections are nominated by all political parties,
considering caste. Thus, caste was and continues to occupy a very important position in our
political system. No political party dares oppose the caste-based reservation system.

Religion dominated system

The Indian political system throughout the British era was very much dominated by religion.
Deliberately two major religious communities and small religious groups and religious
minorities were made to bitterly fight with each other. In the name of religion, there was
bloodshed. To widen the gap, in the political field seats were reserved in the legislative
bodies on a religious basis.

In all elected and nominated bodies and even outside when religious issues came, even
political issues were forgotten. It was because of this domination of religion in politics that
there were communal riots in the country and religious political parties got wide acceptability
than other political parties. Even today many wish religious dominated political system. One
finds that in those days Hindu Mahasabha, Akali Dal, Muslim League which was communal
bodies dominated the political scene.

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Importance of Leader

In our political system during the British period and thereafter, political leaders have played a
very significant role. The masses had more love for the leaders than the ideology which they
followed. This was and continues to be so even now because the vast majority is illiterate and
lives in far-fetched areas, where there is no political awakening or consciousness.

This is truer of the rural areas where about 80% of the total Indian population resides. In
preparation for India, leaders like Mahatma Gandhi, Jawaharlal Nehru, Maulana Azad, Sardar
Vallabh Bhai Patel, and Mohd. Ali Jinnah enjoyed great regard. In independent India, even
political parties are formed in the name of a political leader e.g., Congress (I), Congress (J),
Lok Dal (B) Congress (T), etc.

Regionalism

Another characteristic or feature of our political system is regionalism i.e., love for one’s
region rather than for the whole country. The tendency continued throughout the British
period. In fact rulers of those days deliberately fanned and promoted regional feelings. Each
political leader, except of course the few, cared more for their region than for India as a
whole.

It appeared as if, north, south, east, and west were different countries rather than one united
India. Inter-state differences were created and encouraged and the people of different regions
were made to fight against each other in the name of the language, culture, and methods of
worship.

Even in free India regionalism is playing a big role. Regional political parties like Assam
Gantantra Parishad, Telugu Desham, Akali Dal, A.I.A, DMK, Jharkhand Party, and Mizoram
National Conference are thriving by exploiting the regional feelings of the people. Also, there
are inter-state water and boundary disputes, and so on. Regionalism is thriving in the country
in more than one way.

1.2. Characteristic features of the Indian political system

The political system, as it obtained in British India, was an imposed one. In that Indians had
very little choice. They had to accept what was given to them by British masters. The people
had a very limited choice to elect their representatives and elected bodies had very limited
powers. The bureaucracy was very strong and powerful. But the political system in free India
has its peculiar features.

The present system is based on universal adult franchise. The country has a parliamentary
form of government in which all adults who have attained 18 years of age have a right to
vote. The Parliament is a supreme and sovereign body and enjoys unlimited powers. It
represents the will and wishes of the people. It has thus not been imposed on the people.

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After Independence India had a single-party dominant system for a very long time. Up to
1967 in India Congress party was in power both at the Centre as well as in the states. It was
in that year that as a result of people’s mandate the party lost hold in some states, but was
returned to power at the Centre, though with a reduced majority.

In 1971, when the elections were again held, it was again returned to power both at the
Centre as well as in many states. The party was voted out of power only between 1977-1979;
after the lifting of the national emergency imposed in 1975, and when the newly formed
Janata Party came to power. In 1980 and 1984, when elections were again held Congress (I)
was again returned to power.

In 1989, elections, the party was once again voted out of power at the center but the V.P.
Singh government could remain in power only for few months. Though in some of the states
Congress party has been coming and going out of power, yet on the whole at the Centre, there
has been a single-party dominant system in which the Congress party, even after splits has
been at the helm of affairs.

Then another feature of India’s political system after independence has been political
defection. The electorates vote for or against a candidate based on his political party’s
standing and programs. During the pre-independence period, there was no question of leaving
the political party to which one owed allegiance. After independence, however, elected
representatives of the people in the elected bodies have been changing their allegiance and
leaving the political party i.e., on whose ticket they were elected.

This has resulted in political instability and the fall of governments. Not only this, but it has
also resulted in the exchange of crores of rupees generating black-money. Though efforts to
check defection began to be made as early as in 1967 when Y.B. Chawan’s Committee was
set up to examine the whole issue, yet political defection continues to eat the roots of our
political system. This evil could only partially be checked with the passing of the 52nd
Constitution Amendment Act, passed by the Rajiv Gandhi government.

But the problem persists and the Act has failed to fully achieve its purpose. Then another
characteristic of our political system is the rise of regional political parties. These parties
came to prominence only after 1967 when national parties, lost control in some states. The
process once started could not be checked. In Tamil Nadu, AIADMK, in Assam AGP, in
Jammu & Kashmir National Conference, in Punjab Akali Dal, and several other parties in
different states were formed. Regional leaders played with the regional sentiments of the
people and won the elections, defeating even the candidates set up by the national parties.

This process is continuing. Political corruption is another feature of our present-day political
system. It is alleged that many politicians are corrupt. They are interested in amassing money
by all means and methods. They are more interested in serving their interests rather than
serving the masses.
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In India, since independence, there have been many scandals and instances of nepotism and
favoritism by political leaders both at the center as well as in the states, involving Ministers,
their families, and friends, but unfortunately so far neither any Minister nor any political
leader has been openly tried, punished or sent to all or even his property has been confiscated.

On the other hand, every politician is protected when corruption charges are levied, by the
political leadership of the opposition party. It is believed that over time political corruption in
the country is very much on the increase. The process of bringing corrupt politicians and
Ministers has, however, started with the coming to light what is known as the multi-crore
Hawala case. It has resulted in the resignation of several political leaders, including Ministers
of the Central Government from the Lok Sabha.

Political factionalism has come to stay as a feature of our political system. This factionalism
has emerged because of the ever-increasing hold of caste, class, religion, and region. So far at
the Centre, the leadership has considerably checked factionalism, though not completely, but
in the state, this is playing its big role. Each political party is divided into factions and
cabinets are formed on a factional basis.

There is hardly any Chief Minister in an Indian State, who is not faced with factional
problems. Several state governments had to change leadership to satisfy either one or the
other powerful faction, persisting and insisting on a change. This factionalism is on the
increase and seemingly not coming under control. Then another feature of our system is that
for a long time no viable alternative was available to the Congress party at the Centre.
Though in the states some regional parties came to power, yet at the Centre, no opposition
party had been in a position to provide an alternative.

All efforts made miserably failed until 1977. All opposition unity moves by then failed and
day-by-day opposition parties were losing their credibility. This was proving to the advantage
of the ruling Congress. One serious offshoot of this was that at the center there was no
powerful and effective opposition to check the high-handedness of the ruling congress
government which with its thumping majority could get every bill passed and every policy
approved by the Parliament. It was not healthy for the success of parliamentary democracy.

In 1977, Congress (I) was dislodged from power at the center by the Janata Party’s
Government. Congress (I) was dislodged from power at the Centre in 1989 also when the
National Front Government came to power. In the elections held in 1990, Bhartiya Janata
Party emerged as a powerful and effective opposition to the ruling Congress. This party was
the main opposition in both the Houses of Parliament during the 10th Lok Sabha period.

India has decided to end the caste system, which it is believed, has brought defame to our
society. This system was very much used by our British rulers to have their strong foot-hold
in the country. But it was hoped that after the independence role of caste in India will come
down. But this has not proved true. Caste in the Indian political system is playing a big role.
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Tickets to candidates for contesting elections, the formation of the cabinets, and the
appointment of personnel to services, distribution of favors and quotas, and permits are given
considering caste factor. Prof. M.N. Srinivas is of the view that the caste system, despite the
pronounced policy of the government to end it, is on the increase. It is showing its place and
importance everywhere in the country’s political system. Then another significant feature of
our present-day political party system is the absence of ideologically based political parties.
Each political party is supposed to have some political ideology of its own, but that is not
happening in India.

There is a mushroom growth of political parties, but these are not ideology-based. There are
regional political parties, which propagate the cause of a region like AGP, National
Conference, AIADMK, and Akali Dal. Then there are political parties that are formed after
the name of an individual like Congress (J), after the name of the late Jagjiwan Ram and Lok
Dal (B). Then there are parties which are based on religious and linguist basis like Muslim
League, Shiv Sena, and so on.

India lacks such political parties that have a clear cut socio-economic and political program to
uplift the whole country, providing the electorate an alternative to choose. Even the
influential elites and Zamindars in some regions encourage the formation of such political
parties which can protect their interests. There are, of course, national-level political parties
with clear ideologies like Congress (I), B.J.P., C.P.I., C.P.I. (M) etc. but the number of
ideologies fewer parties is increasing.

Since the independence political system has undergone a sea change. Caste, region, religion,
etc. which were playing a big role in British India and about which it was expected, that their
role will considerably come down, has not come true. These factors still play a very big role.
Not only this but also disintegrating and destabilizing forces are trying to come to political
fronts. Regionalism is raising its head and regional political parties are dominating in many
states. The role and influence of regional political parties are on the increase.

Political corruption is on the increase and corruption charges are levied against top political
leaders day-in and day-out. It is believed that there is some link between criminals and some
political leaders under whose patronage the former prosper. Regional disparities are
increasing and political system today is caste and class-ridden. Communal forces exploit the
weaknesses of our political system, by preaching communal hatred, exploiting every small
communal issue to the full, ultimately resulting in communal riots. A serious concern is being
raised about increasing the criminalization of politics. Thus, the present day Indian political
system is confronted with many political problems of serious magnitude. Criminalization and
corruption are in the focus. The need for electoral reforms – is very much felt to save the
collapse of the present day political system.

1.3. Constitutional development in India/ Historical basis of the Indian political System

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The British came to India in 1600 as traders, in the form of East India Company, which had
the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765,
the Company obtained the 'Diwani' (rights over revenue and civil justice) of Bengal, Bihar,
and Orissa. This started its career as a territorial power. In 1858, in the wake of the 'Sepoy
Mutiny', the British Crown assumed direct responsibility for the governance of India. This
rule continued until India was granted independence on 15th August 1947.

With Independence came the need for a Constitution. A Constituent Assembly was
formed for this purpose in 1946 and on 26th January 1950, the Constitution came into being.
However, various features of the Indian Constitution and polity have their roots in the British
rule. Certain events in the British rule laid down the legal framework for the organization and
functioning of government and administration in British India. These events have greatly
influenced our constitution and polity.

Regulating Act of 1773

This act designated the Governor of Bengal as the Governor-General of Bengal. The First
Governor-General of Bengal was Lord Warren Hastings. The act subordinated the Governors
of Bombay and Madras to the Governor-General of Bengal. The Supreme Court was
established at Fort William (Calcutta) as the Apex Court in 1774.

Pitt's India Act of 1784

This act established a Board of Control over the Court of directors to guide and supervise the
affairs of the company in India. It was introduced to remove the drawbacks of the Regulating
Act. It was named after the then British Prime Minister. The act placed Indian affairs under
the direct control of the British Government.

Charter Act of 1833

The company's monopoly of trade with India was completely abolished. The act created the
post of Governor-General of India. It made the Governor-General of Bengal as the Governor-
General of India. The first Governor-General of India was Lord William Bentinck.
Governments of Bombay and Madras were deprived of their legislative powers. This was the
final step towards centralization in British India. The act ended the activities of the East
India Company as the commercial body.

Charter Act of 1853

In 1853, the charter act of 1833 was to time out and had to be renewed. It was renewed but no
substantial changes were made. Legislative and Executive Councils were separated. The
charter act of 1833 provided the Hailey bury college of London should make quota to admit
the future civil servants. However, this system of open competition was never effectively

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operated. The Committee under the chairmanship of Lord Macaulay had prepared the
regulations in this context.

Government of India Act of 1858

British Crown assumed sovereignty over India from the East India Company. It provided
absolute imperial control without any popular participation in the administration of the
country. This Act transferred the Government, territories, and revenues of India from the East
India Company to the British Crown. The rule of the company was replaced by the rule of
Crown in India.

The powers of the British Crown were to be exercised by the Secretary of State for India. The
secretary of state was a member of the British Cabinet. He was assisted by the Council of
India, having 15 members. He was vested with complete authority and control over the Indian
administration through the Governor-General as his agent. He was responsible ultimately for
the British Parliament. The Governor-General was made the Viceroy of India. Lord Canning
was the first Viceroy of India in 1858.

Indian Councils Act of 1861

It introduced, for the first time, the representative institutions in India. It provided that the
Governor-General's Executive Council should have some Indians as the non-official
members while transacting the legislative businesses. This act initiated the process of
decentralization by restoring the legislative powers to the Bombay and the Madras
Presidencies. It accorded the statutory recognition to the portfolio system.

Indian Councils Act of 1892

This act introduced the principle of elections but in an indirect manner. It enlarged the
functions of the Legislative Councils and gave them the power of discussing the Budget and
addressing questions to the Executive.

Indian Councils Act of 1909

This act is also known as the Morley-Minto Reforms after the Secretary of State for
India (Lord Morley and the Viceroy Lord Minto). It changed the name of the Central
Legislative Council to the Imperial Legislative Council. This act introduced a system of
communal representation for Muslims by accepting the concept of 'separate electorate'. It was
the first attempt to introduce a representative and popular element in Indian Administration.
Lord Minto came to be known as the 'Father of communal electorate'.

Government of India Act of 1919

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This act is also called Montague-Chelmsford Reform after the Secretary of State for India
(Montague) and the Viceroy (Chelmsford). It introduced Diarchy in the Provinces that is a
division of subjects of administration into transferred and reserved. Transferred subject to be
the responsibility of Ministers responsible to the Legislative Council. Indian Legislature to
become Bi-Cameral (Council of State composed of 60 members and Legislature Assembly
composed of 144 members).

Simon Commission, 1927

In November 1927 (2 years before the schedule), the British Government announced
the appointment of a seven-member statutory commission under the chairmanship of Sir John
Simon to report on the condition of India under its new Constitution. All the members of the
commission were British and hence, all the parties boycotted the commission. The
commission submitted its report in 1930 and recommended the abolition of
diarchy, extension of responsible government in the provinces, establishment of a federation
of British India and princely states, continuation of the communal electorate, and so on.

To consider the proposals of the commission, the British Government convened three round
table conferences of the representatives of the British Government, British India, and Indian
princely states. Based on these discussions, a 'White Paper on Constitutional Reforms' was
prepared and submitted for the consideration of the Joint Select Committee of the British
Parliament. The recommendations of this committee were incorporated (with certain
changes) in the next Government of India Act of 1935.

Communal Award, 1932

In August 1932, Ramsay MacDonald, the then British Prime Minister, announced a scheme
of representation of the minorities, which came to be known as the Communal Award. The
award not only continued separate electorates for the Muslims, Sikhs, Indian Christians,
Anglo-Indians, and Europeans but also extended it to the depressed classes (scheduled
castes). Gandhiji was distressed over this extension of the principle of communal
representation to the depressed classes and undertook fast unto death in Yeravada Jail
(Poona) to get the award modified. At last, there was an agreement between the leaders of the
Congress and the depressed classes. The agreement, known as Poona Pact, retained the Hindu
joint electorate and gave reserved seats to the depressed classes.

Government of India Act 1935

The act provided for federation taking the Provinces and the Indian princely states as units. A
federal court was to be established. Burma was separated from India. This act divided the
powers between the center and the units in terms of three lists, namely the Federal List, the
Provincial List, and the Concurrent List. It provided for the establishment of a Reserve Bank
of India to control the currency and credit of the country. This act introduced bicameralism in

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6 out of 11 Provinces. These six Provinces were Assam, Bengal, Bombay, Bihar, Madras, and
the United Province.

Indian independence Act of 1947

It was based on the famous Mountbatten Plan (3rd June 1947). Parliament on July 5, 1947.
The Act relieved the assent of the crown on 18th July 1947 and be became effective on 15th
August 1947. The main provisions were:

i. Two Dominion States, India, and Pakistan came into existence on 15th August 1947.
ii. The boundaries between the two Dominion States were to be determined by a
boundary Commission headed by Sir Cyril Radcliff.
iii. Both the states had the right to frame their Constitutions by their respective
Constituent Assemblies. They also had the right to leave the British Commonwealth.
iv. Till the new Constitutions were not effective, the governments in the two states would
be run based on Provisions of the Government of India Act, 1935.
v. The British Crown ceased to be the ruler of India.
vi. The members of the civil services appointed before 15th August 1947 continued to
remain in service and to enjoy all benefits, which they were entitled to avail so far.

Composition of Constituent Assembly

The Constituent Assembly was constituted in November 1946 under the scheme formulated
by the Cabinet Mission Plan. The total strength of the Constituent Assembly was to be 389.
Of these 296 seats were to be allotted to British India and 93 seats to the Princely States.

Out of 296 seats allotted to British India, 292 members were to be drawn from the eleven
governors' provinces and 4 from the four Chief Commissioners' provinces, one from each.
Each province and princely state (or group of states in case of small states) was to be
allotted seats in proportion to their respective population. Roughly, one seat was to be allotted
for every million population. Seats allocated to each British province were to be decided
among the three principal communities - Muslims, Sikhs, and general (all except Muslims
and Sikhs), in proportion to their population.

The representatives of each community were to be elected by members of that community in

the provincial legislative assembly and voting was to be by the method of proportional
representation through a single transferable vote. The representatives of princely states were
to be nominated by the heads of the princely seats. It is thus clear that the Constituent
Assembly was to be a partly elected and partly nominated body.

The elections to the Constituent Assembly (for 296 seats allotted to the British Indian
Provinces) were held in July-August 1946. The Indian National Congress won 208 seats, the
Muslim 73 seats, and the small groups and independents got the remaining 15 seats.

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However, the 93 seats allotted to the princely states were not filled as they decided to
stay away from the Constituent Assembly. The Constituent Assembly was set up in
November 1946 as per the Cabinet Mission Plan of 1946. The Drafting Committee was
appointed on 29th August 1947, with Dr. B.R. Ambedkar as the Chairman.

Originally, the constitution had 22 parts, 395 articles, and 8 schedules. The only state having
a constitution of its own was Jammu and Kashmir. The Mountbatten Plan of 3rd June 1947
announced the partition of the country and a separate constituent assembly for the proposed
state of Pakistan.

Working of the Constituent Assembly

The Constituent Assembly held its first meeting on 9th December 1946. The Muslim League
boycotted the meeting and insisted on a separate state of Pakistan. The meeting was thus
attended by only 211 members. Dr. Sachchidanand Sinha, the oldest member, was elected as
the temporary President of the Assembly, following the French practice.

Later on 11th December 1946, Dr. Rajendra Prasad and HC Mukherjee were elected as
the president and vice-president of the Assembly respectively. Sir B N Rau was appointed as
the Constitutional advisor to the Assembly.

The Constituent Assembly worked in three phases:

I Phase – 6th December 1946 to 14th August 1947

II Phase – 15th August 1947 to 26th November 1949

III Phase – 27th November 1949 to March 1952

Points to be noted

1. Laws made before the Charter Act of 1833 were called Regulations and those made
after are called Acts.
2. Lord Warren Hastings created the office of District Collector in 1772, but judicial
powers were separated from District collector later by Cornwallis.
3. From the powerful authorities of unchecked executives, the Indian administration
developed into a responsible government answerable to the legislature and people.
4. The development of the portfolio system and budget points to the separation of power.
5. Lord Mayo’s resolution on financial decentralization visualized the development of
local self-government institutions in India (1870).
6. 1882: Lord Ripon’s resolution was hailed as the ‘Magna Carta’ of local self-
government. He is regarded as the ‘Father of local self-government in India’.
7. 1924: Railway Budget was separated from the General Budget based on the Acworth
Committee report (1921).

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8. From 1773 to 1858, the British tried for the centralization of power. It was from the
1861 Councils act they shifted towards devolution of power with provinces.
9. 1833 Charter act was the most important Act before the act of 1909.
10. Till 1947, the Government of India functioned under the provisions of the 1919 Act
only. The provisions of the 1935 Act relating to Federation and Diarchy were never
implemented.
11. The Executive Council provided by the 1919 Act continued to advise the
Viceroy till 1947. The modern executive (Council of Ministers) owes its legacy to the
executive council.
12. The Legislative Council and Assembly developed into Rajya Sabha and Lok Sabha
after independence.

1.4. The ideological basis of the Indian Political system

Unlike the countries such as America and France, who were inspired by the noble ideals of
the great political thinker of their time, the Indian political system has been highly influenced
by the legacies left behind by the American war of Independence, 1776 and the French
Revolution of 1789. These countries during their struggle for freedom against the imperial
power and Absolute Monarchy, political thinkers like Blackstone, Montesquieu, John Locke,
Voltaire, and JJ Rousseau has inspired them with their ideas on popular sovereignty, limited
government, separation of powers, and liberty.

As such, the legacy of the American war of Independence such as life, liberty, and the pursuit
of happiness; the legacy left behind by the French revolution such as liberty, equality, and
fraternity has highly influenced the framers of the Indian Constitution and the Freedom
fighters in general. It would be fair enough to say that India has borrowed many of these
ideas from the Western countries while drafting a Constitution of its own. No doubt there are
also some of the Indian political thinkers who have inspired and contributed towards the
framework structure of its political system.

The philosophy of Mahatma Gandhi has high esteem in the Indian political system. His
philosophy has been reflected in the Indian Constitution under part IV, articles 36 – 51
entitled as the “Directive Principles of State Policy” which highlights the creation of a
welfare state. Thus, from this point of view, the ideological basis of the Indian Political
system can be broadly discussed under the following headings;

Democratic socialist

The term democratic socialist is a combination of two popular ideas which has its roots in the
Socialist Revolution of the Soviet Union – 1917 and the American Declaration of
Independence – 1776. The idea of socialist state or political institutions has been inherited
from the erstwhile USSR which inspired the Indian political leaders of that time with rapid
economic growth and industrial progress. The system of five years of economic planning has

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borrowed from the socialist ideals of the Soviet Union where the State or Government makes
targeted planning to be achieved within five years and hence secure the problems of
unemployment, poverty, and economic degradation in the country.

On the other hand, to achieve the targeted planning, the system of governance was based on
the democratic principles where every citizen was given the right and freedom to choose any
profession of their choice and to carry on any trade or occupation. And so, by empowering
the people in the state, the government has helped to secure the political structure by making
the leaders accountable and responsible to its citizen.

Democratic socialism can be defined, “as a system of governance where every citizen is
given the right to participate in the economic planning of the country”. In other words,
democratic socialism means that every citizen can express their opinions and suggest their
views concerning the wealth of nations. Since the term democratic implies a people’s
government and socialist signifies the notion of an open economic system, when both the
terms are held together it gives the idea of government by people’s consent.

Liberalism

The term liberalism has been derived from the Latin word “Liber” which means “Freemen”
and so the central idea of this term is freedom or liberty. The word liberal denotes generosity
or open-mindedness as it indicates liberty in taking food, drink, social attitude, behavior, and
selection of the alternatives. And thus, the idea of freedom is always associated with the word
liberal. In the middle Ages when the French people used the word “liber” they meant that
people will have freedom concerning their selection of alternatives and pursuit of thoughts
and ideas. According to the Oxford Concise Dictionary of Politics, “liberalism means the
belief that politics aim to preserve an individual’s rights and to maximize freedom of choice”.
Advocates of liberalism have often used some associated terms to denote the meaning of
liberalism. As such, from a political point of view, it means freedom and choice that is the
freedom to select alternatives that are suitable for its given situations.

It also means a systematic political creed which is the manifestation of reason and toleration
in the face of tradition and absolutism. And finally, it means freedom, equality, and liberty.
Thus, the term Liberalism does not embody a particular meaning. It is a cluster of meanings,
as in different periods it has meant different conceptions. For example, it is an intellectual
movement whose purpose is to curb the power and authority of the state and to ensure the
freedom of individuals. It has been observed by a recent analyst that liberalism is an ideology
based on a commitment to individualism, freedom, toleration, and consent. It is an uphill task
to ascertain the origin of liberalism because ideology cannot be created at a particular point in
time.

However, many historians and writers reasoned that the term liberalism came to be a well
established political doctrine in England during the mid-17th century when both the
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“Glorious Revolution of 1688” and the “Bloodless Revolution of 1689” took place to
overthrow the autocratic rule of the Kings and restore people’s rights and liberty. Inspired by
these events of the world, the framers of the Indian Constitution and the political leaders of
the day adopted this noble idea of Liberalism to bring about both political and social reforms
during the post-independent era. Till today, this idea has been the guiding principle for good
governance with its cardinal features like representative system, responsive, responsible and
limited government, equal rights and freedoms for all, and the system of a free and fair
election.

Internationalism

It is a political principle which transcends nationalism and advocates a greater political or

economic cooperation among nations and people. Supporters of this principle are referred to
as internationalists, and generally believe that the people of the world should unite across
national, political, cultural, racial, or class boundaries to advance their common interests, or
that the governments of the world should cooperate because their mutual long-term interests
are of greater importance than their short-term disputes.

In the 19th century UK, there was a liberal internationalist strand of political thought
epitomized by Richard Cobden and John Bright. Cobden and Bright were against the
protectionist Corn Laws and in a speech at Covent Garden on September 28, 1843, Cobden
outlined his utopian brand of internationalism. He believed that Free Trade would pacify the
world by interdependence, an idea also expressed by Adam Smith in his “The Wealth of
Nations” and common to many liberals of the time. A belief in the idea of moral law and
inherent goodness in human nature also inspired their faith in internationalism.

Such "liberal" conceptions of internationalism were harshly criticized by socialists and

radicals at the time that pointed out the links between global economic competition and
imperialism and would identify this competition as being a root cause of world conflict. One
of the first international organizations in the world was the International Workingmen's
Association, formed in London in 1864 by working-class socialist and communist political
activists including Karl Marx.

Referred to as the First International, the organization was dedicated to the advancement of
working-class political interests across national boundaries and was in direct ideological
opposition to strains of liberal internationalism which advocated free trade and capitalism as
means of achieving world peace and interdependence. Other international organizations
included the Inter-Parliamentary Union, established in 1889 by Frédéric Passy from France
and William Randal Cremer from the United Kingdom, and the League of Nations, which
was formed after World War I. The former was envisioned as a permanent forum for political
multilateral negotiations, while the latter was an attempt to solve the world's security
problems through international arbitration and dialogue.

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J. A. Hobson, a Gladstonian liberal who became a socialist after the Great War, anticipated in
his book “Imperialism” (1902) the growth of international courts and congresses which
would hopefully peacefully settle international disputes between nations. Sir Norman Angell
in his work “The Great Illusion” (1910) claimed that the world was united by trade, finance,
industry, and communications and that therefore nationalism was an anachronism and that
war would not profit anyone involved but would only result in destruction. As such,
Internationalism expressed itself in Britain through the endorsement of the League of Nations
by such people as Gilbert Murray the Liberal Party and the Labour Party had prominent
internationalist members, like the Labour Prime Minister Ramsay MacDonald who believed
that 'our true nationality is mankind’.

Thus, inspired by this political doctrine, the framers of the Indian Constitution and by large
the freedom movement leaders, especially the Indian National Congress, advocated the
principles of internationalism and stress upon securing international peace, security, and
mutual understanding. History bears the witness that when the Cold war broke out between
the USA and erstwhile USSR Indian did not align with any of the power blocs but rather
decided to remain neutral and encourage the other countries to support and secure world
peace.

Gandhian philosophy

It is commonly known as “Gandhism” which implies a body of ideas that describes the
inspiration, vision, and the life work of Mohandas Gandhi. It is particularly associated with
his contributions to the idea of non-violent resistance, sometimes also called civil resistance.
The two pillars of Gandhism are truth and non-violence. As such, the term "Gandhism"
encompasses what Gandhi ideas, words, and actions means to people around the world, and
how they used them for guidance in building their future. Gandhism also permeates into the
realm of the individual human being, non-political and non-social. A Gandhian can mean
either an individual who follows or a specific philosophy which is attributed to, Gandhism.
However, Gandhi did not approve of the term 'Gandhism'.

As he explained: "There is no such thing as Gandhism and I do not want to leave any sect
after me. I do not claim to have originated any new principle or doctrine. I have simply tried
in my way to apply the eternal truths to our daily life and problems. The opinions I have
formed and the conclusions I have arrived at are not final. I may change them tomorrow. I
have nothing new to teach the world. Truth and non-violence are as old as the hills.”

In the absence of a "Gandhism" approved by Gandhi himself, there is a school of thought that
one has to derive what Gandhism stands for, from his life and works. One such deduction is a
philosophy based on "truth" and "non-violence" in the following sense. First, we should
acknowledge and accept the truth that people are different at all levels ("truth"). Second, that
one should never resort to violence to settle inherent differences between human beings at

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any level: from between two people to two nations to two races or two religions ("non-
violence"). Thus, the Indian Constitution fully reflects the presence of the Gandhian
philosophy and provides special sanctioned and provision for all without any distinction.

Secularism

According to the Merriam-Webster dictionary, the term secularism can be defined, “as the
indifference to, or rejection or exclusion of, religion and religious considerations." In a
certain context, the word can refer to anti-clericalism, atheism, desire to exclude religion
from social activities or civic affairs, the banishment of religious symbols from the public
sphere, state neutrality toward religion, the separation of religion from state, or
disestablishment (separation of church and state). As a philosophy, secularism seeks to
interpret life on principles taken solely from the material world, without recourse to religion.

It draws its intellectual roots from Greek and Roman philosophers such as Zeno of Citium
and Marcus Aurelius; from Enlightenment thinkers such as Erasmus, John Locke, Denis
Diderot, Voltaire, Baruch Spinoza, James Madison, Thomas Jefferson, and Thomas Paine;
and from more recent free thinkers’ atheists such as Robert Ingersoll, Bertrand Russell, and
Christopher Hitchens.

In political terms, secularism is the principle of the separation of government institutions and
persons mandated to represent the state from religious institutions and religious dignitaries
(the attainment of such is termed secularity). Defined briefly, secularism means that
governments should remain neutral on the matter of religion and should not enforce nor
prohibit the free exercise of religion, leaving the religious choice to the liberty of the people.

One form of secularism is asserting the right to be free from religious rule and teachings, or,
in a state declared to be neutral on matters of belief, from the imposition by government of
religion or religious practices upon its people. Another form of secularism is the view that
public activities and decisions, especially political ones, should be uninfluenced by religious
beliefs or practices. There exist distinct traditions of secularism in the West (e.g., French and
Anglo-American) and beyond (e.g., in India).

The purposes and arguments in support of secularism vary widely. In European laicism, it has
been argued that secularism is a movement toward modernization, and away from traditional
religious values (also known as secularization). This type of secularism, on a social or
philosophical level, has often occurred while maintaining an official state church or other
state support of religion.

In the United States, some argue that state secularism has served to a greater extent to protect
religion and the religious from governmental interference, while secularism on a social level
is less prevalent. The term "secularism" was first used by the British writer George Jacob
Holyoake in 1851. Holyoake invented the term secularism to describe his views of promoting

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a social order separate from religion, without actively dismissing or criticizing religious
belief. An agnostic himself, Holyoake argued that Secularism is not an argument against
Christianity it is one independent of it. It does not question the pretensions of Christianity; it
advances others. Secularism does not say there is no light or guidance elsewhere but
maintains that there are light and guidance in secular truth, whose conditions and sanctions
exist independently, and act forever.

Secular knowledge is manifestly that kind of knowledge which is founded in this life, which
relates to the conduct of this life, conduces to the welfare of this life, and is capable of being
tested by the experience of this life. Thus, the concept of secularism was adopted to mean the
Indian is a political entity where every citizen is entitled to practice, profess, and worship any
religion of its choice. The State or Governments cannot and will not dictate and impose upon
any person to practice a particular religion.

1.5. Summary

Politics in India is much rougher and much more corrupt that in the democracies of Europe
and North America. Assassination is not uncommon: the revered Mahatma Gandhi in 1948,
the Prime Minister Indira Gandhi in 1984, and the Prime Minister Rajiv Gandhi in 1991 were
all murdered, although it has to be noted that these were not really political assassinations
which happen more at local level. Communal, caste and regional tensions continue to haunt
Indian politics, sometimes threatening its long-standing democratic and secular ethos. The
language used by political candidates about each other is often vivid.

The parliamentary scene has been transformed in the last five years with the BJP winning an
overall majority in both the elections of 2014 and 2019. The leader of the BJP Narendra Modi
is a dominant and popular figure. He is the first prime minister since 1971 to win majorities
in parliament in back-to-back elections and a survey by the Centre for the Study of
Developing Societies found that nearly one-third of people who voted for the BJP last time
did so in support of Modi, rather than the party or their local candidate.

Over the last five years, however, a key question has been the influence on the BJP
government of the Rashtriya Swayamsevak Sangh (RSS), the vast conservative Hindu
revivalist organisation where Prime Minister Modi started his career as an activist. The RSS
was heavily involved in the 2014 and 2019 elections and Modi and many other senior
officials of the BJP, which is independent of the RSS though ideologically close, are still
members of the organisation.

1.6. REVIEW QUESTIONS

Q1. Discuss the historical basis of the Indian States.

Q2. Write a short note on Ideological basis of the Indian political system.

Q3. Write an essay on the nature of Indian State.

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Q4. Briefly discuss the characteristics features of the Indian political system

1.7. FURTHER READINGS

1. Indian Political System – U.R. Ghai.

2. Indian Political Setup – N. Chaabra, Abhinav Prakashan, Rohtak (Haryana).

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Unit – 2
Fundamental Rights, Duties and Directive Principles
2.1. Fundamental Rights

Introduction

The interpersonal relation between individual and state has always been complicated and this
issue has gained special importance in the existing democratic setup. If on one side it is
important to have a control on the lives of individuals in order to maintain peace and order
then on the other hand, it is also necessary to exercise control on the state powers so that the
state is unable to work in its own way against the freedom and rights of individuals.
Fundamental rights are an important measure to exercise control on the powers of the states
in favor of individuals’ freedom and rights.

French revolution has given to the world a message of freedom, equality and humanity. After
the revolution, the French National Assembly by including the Declaration of the Rights for
Men in the new constitution of 1789 started the process of providing a constitutional shape to
some of the individual rights. Later on in the constitution of United States of America the
rights of individuals was made a part of the constitution through the first ten amendments in
1791. These amendments were collectively called “Bill of Rights”. This affected the
constitutions of other European nations.

After the First World War, fundamental rights were included in the constitution of several old
states as well as the newly formed states after the war. In this context, the Weimar
constitution of Germany and the constitution of Ireland are explanatory. After the Second
World War, the idea of fundamental rights became more popular and after the war
fundamental rights was included in the constitution of all the nations like India, Burma, Japan
etc whose constitution was framed.

Established in 1945, the international body, United Nations Organization on 10th Dec. 1948
accepted the International rights letter in the name of “Universal Declaration of Human
Rights”. In India also, the International Human Rights Commission was established in 1993.
In this way, the idea of fundamental rights has gained a universal resolution in present time.

Fundamental Rights is a charter of rights contained in Part III (Articles 12 to 35) of

Constitution of India. The development of constitutionally guaranteed fundamental human
rights in India was inspired by historical examples such as England's Bill of Rights (1689),
the United States Bill of Rights (approved on 17 September 1787, final ratification on 15
December 1791) and France's Declaration of the Rights of Man (created during the revolution

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of 1789, and ratified on 26th August 1789). It is a fallacy to regard fundamental rights as a
gift from the State to its citizens.

Individuals possess basic human rights independently of any Constitution by reason of the
basic fact that they are members of the human race. These fundamental rights are important
as they possess intrinsic value. Part III of the Constitution does confer fundamental rights and
confirms their existence and gives them protection.

The fundamental rights were included in the constitution because they were considered
essential for the development of the personality of every individual and to preserve human
dignity. These fundamental rights guarantee civil freedom to all the citizens of India to allow
them to live in peace and harmony. These are the basic rights that every Indian citizen has the
right to enjoy, irrespective of their caste, creed and religion, place of birth, race, color or
gender. These fundamental rights include:

1) Right to Equality, (Article 14 to 18)

2) Right to Freedom (Article 19 to 22)
3) Right to Freedom of Religion (Article 25 to 28)
4) Cultural and Education Rights (Articles 29 to 31)
5) Right against Exploitation, (Article 23 and 24)
6) Right to Property (eliminated by 44th Amendment Act, 1978)
7) Right to Constitutional Remedies. (Article 32)
8) Right to Education (Article 21A, 86th Constitutional Amendment Act, 2002)

Article 13 (1) of the Constitution declares that all laws in force in India immediately before
the commencement of the Constitution, in so far as they are inconsistent with the provisions
of Fundamental Rights guaranteed under Part III of the Constitution, shall to the extent of
such inconsistency be void.

Article 13(2) fettered the right of the State in making laws. The State is not to make any law
which takes away or abridges the rights conferred by Part III and if such law is made then to
the extent of conflict, it would be void. In other words, except for the limitations stated in the
articles contained in Part III itself this article is the reservoir of the fundamental protections
available to any person/citizen.

The term ‘law’ as specified in Article 13(3), includes custom or usage has the force of law.
Further ‘law in force’ includes law passed or made by a Legislature before the
commencement of the Constitution.

Fundamental Rights are having more importance than any other legal rights. Inclusion of
certain rights in the Part III of the Constitution makes them distinct from other legal rights in
following ways:

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i. Fundamental Rights cannot be diluted or abridged by any other ordinary legislation. It

can only be diluted or abridged by amending the Constitution itself. And as ruled by
the Supreme Court in many judgments, basic Structure of the Constitution cannot be
altered. On the other hand, any other legal right may be diluted by ordinary
legislation.
ii. As mentioned in Article 13(2), no law can be made which takes away or abridges any
of the fundamental right guaranteed in Part III.

However, as a no right can be absolute, reasonable restrictions can be made. However

restrictions should be on the grounds mentioned in the Constitution itself and it can only be
imposed by way legislation and not by any executive order.

A right is defined as a power or claims proposed by an individual against other, recognized

and upheld by the state. It is a privilege which the citizens enjoy under the protection of state.
These are enforced by the state to see that citizens are free to exercise their rights, which are
incorporated in constitution. These set of rights are termed as fundamental rights.

Man partly is and wholly hopes to be a god. If proper environment is made available to man
he can develop the godly qualities in him. Rights provide that environment. Rights have
described as those claims of an individual that are necessary of the development of his own
self and recognized by the society or state. Some of the right are described by the state and
enshrined in the constitution are called fundamental rights.

Fundamental rights are those rights of an individual that are enforceable by court of law.
During the national struggle our leaders indicated that in the constitutional set up in the free
India people would be granted certain rights. In fact, the various schemes relating to future
constitutional set up, there were reference of particular rights that the people of India should
be granted.

The commonwealth of India bill (1925), the Nehru Committee Report (1928) the
memorandum of the national Trade Union Federation submitted to Joint committee on Indian
Constitution Reforms (1932-33), the memorandum submitted by M. Venkatarangaiah to the
Sapru Committee and the Sapru committee Proposals provided for various Fundamental
Rights that the people of free India should get.

In the words of Prof. Laski “Rights are those condition of social life without which no man
can seek, in general, to be himself at this best.” The purpose of state is not merely the
satisfaction of our daily needs. It exists as Aristotle said, for good life of man. By ‘good life’
he means the all round development of man. The state must therefore, provide some
minimum opportunities to all for realization of the purpose.

To quote Laski again, “A state is known by the rights it maintains.” The constitution o f
many state, in keeping with the time, contain a list of fundamental right. Constitution

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guarantees for the human rights of our people were one of the persistent demands of our
leaders throughout the freedom struggle. Fundamental rights in India are elaborated and
exhaustive.

2.1.1. Meaning of Fundamental Rights

Rights which are quite essential to man for the development of his personality are called
fundamental rights. All individuals are tangible units of society. It is therefore, essential that
all must be provided with equal opportunity to develop themselves according to their genius,
ability and capacity. The tendency in modern democratic state is to incorporate such basic
rights in its constitution so as to ensure their fulfill enjoyment by all citizens without
discrimination of any kind.

The real aim of rights is, always an end with and never as a means only. The object of
fundamental right is to sustain the proposition that the proposition that the system of
government recognized by the constitution embodies the concept of limited government, a
government of law, and not of man. The constitution of India contains a list of fundamental
rights to be enjoyed by the all citizens for their all round development.

There was a very important reason for the inclusion of these fundamental rights in the
constitution of India. The partition of the country had created a climate of distrust and
suspicion in the minds of minorities living in the country. Their cohesion into a new nation
was essentials. It could be possible only when their rights were adequately protected in the
constitution. The makers of the Indian constitution took every pain to create the feeling of
unity and oneness among the people of India.

These are rights enjoyed by individual against the state. However, certain fundamental rights
can be enforced against other individual (like in case of untouchability) these rights aim to
prevent legislative and executive tyranny.

2.1.2. Nature of Fundamental Rights

These rights are fundamental because they are the most essential for the development of
individual personality. The denial of these rights will check the moral and spiritual
development of individual personality. These rights must be ascertained to citizen in a true
democratic state. These rights have not been defined in the constitution. However it is agreed
that they are described as fundamental because they are superior to ordinary laws. These
rights can be altered only though constitution amendment.

These rights, unlike other justiciable rights are protected by the constitutional remedy by way
of an application direct to the supreme. The fundamental rights are not absolute; they can be
subject to certain restrictions. However they reasonableness of such restrictions is to be
decided by the courts. The fundamental rights can be suspended during emergency.

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Some of the rights are not available to the members of armed forces. Some of the rights are
available to all persons in the country while others are available to Indian Citizens. Part 3 of
the constitution of India include a list of several fundamental rights. The inclusion of these
fundamental rights is not merely a formality nor do they serve the purpose of window-
dressing. It is meant to uphold the dignity of the individual and safeguard the rights of
minorities. “The object of enshrining fundamental rights in constitution is to sustain the
proposition that the system of government recognized by the constitution embodies the
concept of a limited government of law, and not of men”, where law ends, tyranny begins.

Part 3 of the Indian constitution (Article 12-35) contain the list of fundamental rights. These
fundamental rights can be broadly derived into three categories. First, rights granted
exclusively to citizens of India: Second, rights granted to all person residing in India
irrespective of the fact whether they are citizen of India or not: Third, rights granted to group
of citizens. The constitution of India not merely contain the bill of rights, they are not simply
paper rights. These rights have been made entrusted with responsibility to enforce them when
and where they have been violated. They are thus the props of the Indian democracy.

2.1.3. Importance of Fundamental Rights

There is a great importance of fundamental right given in the Indian constitution. They ensure
the liberty of individual by putting restriction of the arbitrariness of the government. The
jurisdiction of executive and legislature has been clearly laid down in the constitution. The
judiciary has been vested with the responsibility to act the protector and guardian of the right
of people. While deciding the famous Golakh Nath case supreme case observed that these
rights are immutable and transcendental in character.

However, these rights are not absolute or uncontrolled and are subject to reasonable
restrictions as necessary for the protection of general welfare. They can also be selectively
curtailed. The Supreme Court has ruled that all provisions of the Constitution, Including
fundamental rights can be amended.

The Parliament cannot alter the basic structure of the constitution. They cannot be abridged
or abrogated. Dr. Ambedkar said that the fundamental rights are the “heart and soul of the
constitution”. According to K.M. Panikar the fundamental rights in India have been source
and inspiration of the Reform legislation as under the aegis “The Indian Parliament has been
active in the matter of social legislation whether it is called by the Hindu Code or by another
name”. The other constitution “expression of positive or negative rights has provided so
much impetus towards charging and rebuilding society for the common good.

2.1.4. Categories of Fundamental Rights

Seven Fundamental Rights were enshrined in the Constitution of India. However, the Right to
Property was removed from the list of Fundamental Rights by the 44th Amendment Act of

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the Constitution in the year 1976. Since then, it has been made a legal right. There are now
seven Fundamental Rights.

The Fundamental Rights are:

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights, and
6. Right to Constitutional Remedies
7. Right to Education

By the 86th Amendment Act, 2002 the Right to Education has been included in the list of
Fundamental Rights as part of the Right to Freedom by adding Article 21(A).

Right to Equality – Article 14 to 18

The idea of equality mentioned in the preamble in as elaborated & specified in Article (14 to
18).

Article 14 provides: The state will not deny to any person equality before law or the equal
protection of the law within the territory of India.

Equality before the law: Concept of equality before the law has its origin in U.K. This is a
negative concept implying absence of privilege. That is no one is above the law of the land.
Irrespective of rank and status, every person is subject to the ordinary law of the land.
However exceptions are allowed by the constitution to the President and Governor.

According to Sir Iver Jennings this means that “Under similar circumstances, all individuals
shall be treated equally before law”. The sentence “Equality before Law” has been taken
from American Constitution and this means that every individual can approach the court of
law equally for safeguarding his rights.

Equality before law does not mean that on the basis of justification and acceptable by law no
provision for any discrimination cannot be done. If on imposing tax, law discriminates
between rich and poor and between male and female in providing facilities, then this cannot
be called as violation of Equality before Law.

Article 15: State should not discriminate its citizen on the basic of birth place, sex, religion &
caste. Article 15 is applied to Indian citizens only. Above ground can be one of the grounds
of discrimination but cannot be only ground. (e.g. In military males are preferred because of
their physical structure). The third clause empowers the state to make special provision for

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the protection of women and children. The fourth clause enables the state to make special
provisions for the protection of the interests of the backward classes.

Article 16: No citizen will, on the grounds only of religion, race, caste, and sex, place of
birth or residence is ineligible for, or discriminated against in respect of any employment or
office under the state.

Article 17: Untouchability has a bane of Indian society. Social justice is impossible to
achieve where untouchability is practiced in any form. The makers of Indian constitution
were determined to eliminate this social stigma. Article 17 abolishes untouchability and its
practice in any form is forbidden.

Article 18 – Abolition of Titles: This article Provide that no title, not being a military or
academic distinction, shall be conferred by the state, clause (2) of the article Prohibits citizen
of India from accepting any title from any foreign state. Clause (3) of the article Forbid aliens
who hold any office of profit or trust under the state, from accepting without the consent of
the president any title from foreign state.

The conferment of the titles of Bharat Ratna, Padm Vibhushan, Padmashree etc. are not
violative. These awards merely donate the state recognition of good work by citizens in
various fields of activities.

Right to Freedom – Article 19 to 22

The idea of right to freedom is guaranteed to all the citizens under article 19 to 22 of the
Constitution.

Article 19: Article 19 is the most important article in Part 3 of the constitution as it
guarantees six basic freedoms viz.

i. Right to Freedom of Speech and Expression

ii. Right to Assemble peacefully and without arms
iii. Right to form Association or Unions
iv. Right to move freely throughout the territory of India
v. Right to reside and settle in any part of the territory of India
vi. Right to practice any profession or to carry on any occupation, trade or business.

Article 19(1) (a): No specific provision in the constitution of India guarantees the freedom of
Press; the freedom is part of the wider freedom of expression under this article. Freedom of
expression includes the right to express one’s own as well as another’s views, and by any
means. Reasonable censorship can be imposed in the interest of public order.

Article 19(1) (b):

 Meeting can take a decision and can make a procession.

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 However, the purpose must be peaceful.

Article 19(1) (c):

 Right to form association that is not against the law.

 Confers right to form trade-unions.
 Right to form association does not carry to right to call strike.
 Parliament by law can restrict the arm forces, Para-military and police from forming
association.

Article 19(1) (g):

 State can prescribe the qualification for occupation.

 In public interest state can monopolize any trade.

Article 20: It guarantees certain protection in respect of conviction for offences. It prohibits:

 Retrospective criminal legislation, commonly known as ex post facto legislation.

 Double jeopardy or punishment for the same offence more than once.
 Compulsion to give self-incriminating evidence.

Article 21: Constitution provides that no person shall be deprived of his life or personal
liberty except according to the procedure established by law. It means a person cannot be
deprived of his life or personal liberty in an arbitrary. Under due process clause of the
American constitution, the court has assumed that the power of declaring unconstitutional
any law which deprives a person of his liberty without reasonableness and fairness.

In Maneka Gandhi’s case 1978, the Supreme Court held that a law made by state which seeks
to deprive a person of his personal liberty must prescribe a procedure for such deprivation
which must be invalid if it violates the principle of natural justice.

Right to education – Article 21-A

By the 86th Amendment Act of the Constitution a new article 21-A has been added after
Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right
and has been deleted from the list of Directive Principles of State Policy. According to it,
“The State shall provide free and compulsory education to all children of the age of six to
fourteen in such a manner as the State may by law determine”. It further states that it is the
responsibility of the parent or guardian to provide opportunities for education to their child or
ward between the ages of six to fourteen years.

Article 22: This article provides that no person who is arrested shall be detained in custody
without being informed of the grounds for such arrest. No person can be denied the right to
choose his legal practitioner of his choice. Every person who is arrested and detained in

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custody is to be produced before the nearest magistrate within a period of twenty four hours
of the arrest excluding time, the time necessary for the journey from the place of arrest to the
court of the magistrate and no such person can be detained in custody beyond that period
without the authority of magistrate.

Right against Exploitation – Article 23 & 24

The people of India were exploited not only by the British but also by the money lenders and
Zamindars. This system was called forced labour. Right against exploitation prohibits all
forms of forced labour as well as traffic in human beings. The violation of this provision is an
offence punishable under law. The state requires citizen’s services in times of major
calamities such as floods, forest fire, foreign aggression etc.

Our Constitution also provides safeguards for children. It bans the employment of children
below the age of fourteen years in any factory, mine or hazardous occupations. Traffic in
human beings means sale and purchase of human beings as goods and Commodities for
immoral purposes such as slavery and prostitution.

Article 23: Traffic in human being and beggar and other similar form of forced labour are
prohibited. The state can impose compulsory service for public purposes, and in imposing
such service the state cannot make any discrimination on grounds only of religion, race,
caste, or any of them.

Article 24: No child below the age of fourteen year can be employed to work in any factory
or mine or engaged in any other hazardous employment.

Right to freedom of Religion – Article 25 to 28

It deals with right to freedom of religion. Right to freedom of religion has been guaranteed to
all people residing in India.

Article 25: This section provides freedom of conscience and free profession, practice and
propagation of religion subject to public order, morality and health. State can regulate
religious activities and provide for social reform and throw open Hindu religious institution
of public character to all sections of Hindus.

Article 26: This section guarantees following right to all religious group subject to public
order, morality and health.

 Establish and maintain institution for religious and charitable purposes;

 Manage its own affairs in matter of religion;
 Own and acquire movable and immovable property;
 Administer such property with accordance of law.


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Article 27: A state cannot compel any citizen to pay any tax for promotion or maintenance of
any particular religion or religious institution.

Article 28: No religious institution can be provided in any educational institution wholly
maintained out of state fund.

Cultural and Educational Right – Article 29 & 30

It guarantees certain cultural and educational right.

Article 29: It provides that any section of citizen residing in India or any part of thereof
having distinct language, script or culture of its own shall have right to conserve the same. No
citizen shall be denied admission in any educational institution maintained by the state or
receiving aid out of state funds on grounds only of religion, race, caste, language or any of
them.

Article 30: Such communities shall have right to establish and administer educational
institution of its choice and state shall not, in granting aid to educational institutions,
discriminate against such an educational institution maintained by a minority group on
grounds it is under the management of a religious community.

Right to Constitutional Remedies – Article 32

Right to Constitutional Remedy, this was termed “soul of the Constitution” by Dr. B.R.
Ambedkar, has guaranteed by Article 32 of the constitution. This article guarantees a person
the right to move directly to the Supreme Court for the enforcement of his fundamental right.
Thus, Supreme Court is guarantor and protector of fundamental rights. Dr. Ambedkar called
this article as “tree of fighting for other right”. He called if ‘fundamental of fundamental
rights’ and ‘article without which constitution would be a nullity’.

2.1.5. Salient features of Fundamental Rights

The following are the salient features of fundamental rights contained in the Indian
Constitution.

Detailed and Comprehensive

Indian Constitution has the most elaborate declaration of fundamental rights. Article 12 to 35
deals with the fundamental rights. These 24 articles are divided into seven sections. The first
section deals with general provisions and rest six deals with categories of fundamental rights.

All citizens equally enjoy Fundamental Rights

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The constitution unequivocally declares in part 3 of the constitution are to be enjoyed by all
citizens. These rights are not meant for any particular caste, class, religion of the residence of
a province. There can be no discrimination.

Fundamental Rights are not absolute

Another salient feature of fundamental rights is that they are not absolute. In fact, they can
never be absolute. Law is the condition of liberty. Unrestricted rights are not rights, they are
powers. The constitution of India imposes direct restriction on these rights. It also empowers
government imposes reasonable restriction on the enjoyment of these rights.

Fundamental Rights can be suspended

Another significant feature about fundamental right is that they can be suspended as the
circumstances demand. Under article 352 of the constitution whenever the President is
satisfied that a grave emergency exits whereby the security of India of any part of the
territory of India is threatened, he can declare emergency. During the proclamation of
emergency by the President can order suspend fundamental right and their enforcement in
court of law?

Fundamental Rights are justiciable

The rights of the people proclaimed in the Indian constitution are not mare paper declaration.
The constitution provides for a machinery to guarantee and enforce these rights in actual
practice. The judiciary has been vested with the responsibility to act as the guardian of these
rights.

Fundamental Rights can be amended

Fundamental rights can be amended by the procedure given in article 368. According to this
article only parliament is competent to amend the provisions of fundamental rights with two-
third majority of the total membership of the parliament. While deciding in Golakh Nath case
Supreme Court observed that the fundamental rights are transcendental in character. They
cannot be abridged or abrogated even by the parliament.

Through amendment of the constitution in accordance with the procedure laid down in article
368. But by 24th amendment, parliament was given power to amend any part of the
constitution including fundamental rights. However 23rd amendment was challenged by
Keshavananda Bharati and others and they plead that parliament has no power to amend the
fundamental rights. Nine of the 13 judges who heard the fundamental rights case upheld
parliament rights to amend the constitution including fundamental rights but not the basic
structure on framework on constitution.

2.1.6. Judicial Review of Fundamental Rights

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Article 13(1): All those laws that were in force immediately before the enactment of
constitution shall be void to extent of inconsistency with the fundamental rights. Supreme
Court held that a pre-constitution law comes under the shadow cast by the fundamental law.
If the shadow cast by fundamental rights is removed by an amendment it becomes received.
This is called doctrine of Eclipse.

Article 13(2): State shall not make any law that takes away any fundamental rights, if such is
void up to extent of inconsistency. This concept of judicial review is taken from the
constitution of the US.

Important Writs for the enforcement of Fundamental Rights

Habeas Corpus: A word Habeas Corpus literally means ‘to have a body. A writ Habeas
Corpus calls upon a person who has detained another to produce the latter before the court, in
order to let the court know on what ground he has been confined and to set him free if there is
no legal justification for the imprisonment. This writ may be addressed to an official or
private person, who has another in his custody.

Mandamus: It literally means a Command. It commands a person to whom it is addressed to

perform some public or quasi-public legal duty which he has refused to perform and
performance of which cannot be enforce by any other adequate legal remedy.

Prohibition: It is issued by the Supreme Court or a high court to an inferior court forbidding
the latter to continue proceedings therein the excess if its jurisdiction or to usurp a
jurisdiction with which it is not legally vested.

Certiorari: The term certiorari means “to be informed of what is going”. It is an order to a
lower court from a superior court to transfer the matter to it or to any other court for deciding
the matter.

Quo Warranto: This writ is issued to restrain a person from acting in a public office to
which he /she is not entitled.

2.1.7. Critical Assessment of the Fundamental Rights

The fundamental rights have been revised for many reasons. Political groups have demanded
that the right to work, the right to economic assistance in case of unemployment, old age, and
similar rights be enshrined as constitutional guarantees to address issues of poverty and
economic in security, though these provisions have been enshrined in the Directive Principles
of state policy. The right to freedom and personal liberty has a number of limiting clauses,
and thus have been criticised for failing to check the sanctioning of powers often deemed
“excessive”.

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There is also the provision of preventive detention and suspension of fundamental rights in
times of Emergency. The provisions of acts like the Maintenance of Internal Security Act
(MISA) and the National Security Act (NSA) are a means of countering the fundamental
rights, because they sanction excessive powers with the aim of fighting internal and cross-
border terrorism and political violence, without safeguards for civil rights.

The phrases “security of State”, “public order” and “morality” are of wide implication.
People of alternate sexuality are criminalized in India with prison term up to 10 years. The
meaning of phrases like “reason able restrictions” and “the interest of public order” have not
been explicitly stated in the constitution, and this ambiguity leads to unnecessary litigation.
The freedom to assemble peaceably and without arms is exercised, but in some cases, these
meetings are broken up by the police through the use of non-fatal methods.

2.1.8. Summary

Fundamental Rights is the charter of rights containing basic facilities which we need for our
growth. It guarantees civil liberties to all Indians that they can live in peace and harmony as
citizen of India. The Fundamental Rights are the basic human freedoms which every Indian
citizen has the right to enjoy for a proper development of personality.

It include equality before law, freedom of speech and expression, and peaceful assembly,
right to education, freedom to practice religion, and the right to constitutional remedies for
the protection of civil rights. These rights apply to all citizens. There is no discrimination on
the basis of race, place of birth, religion, caste or gender. And violation of these rights result
in punishments as prescribed in the Indian Penal Code.

2.2. Fundamental Duties

Introduction

Mahatma Gandhi always emphasized on the concept of duties while pursuing Freedom
Struggle. A comprehensive Chapter has been included in the Short Book named “A
Gandhian Constitution for Free India”, on Fundamental Rights and duties. Gandhi himself
wrote the Introduction of this book. As per Gandhi, Right means following your duty
honestly; with Right there attached is duty. Gandhi considered Right and duty to have a
complementary relationship with each other. If Right is the body, then Duty is its Soul. They
have the relation as that of a body with clothes. They are two facets of same coin.

In Indian Constitution Fundamental Rights have been represented enough under designated
Articles, but no mention for Fundamental Duties. Probably, because Nation got free after
years of slavery, political suppression and depressed human rights condition, so constitution
makers went little liberal while finally drafting it under the influence of western liberal
policies.

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At that point of time, Individual Liberty was the prime motive of Government, but after 26
years Indian National Congress felt the need of including Fundamental Duties in the
Constitution. This task was handed over to Swarn Singh committee and keeping in view the
recommendations of this committee, Chapter IV has been added to the Constitution by the
42nd Amendment in 1976.

2.2.1. Fundamental Duties given in Indian Constitution

When the Constitution was adopted in the year 1949, it did not contain provision for
Fundamental Duties. Parliament realised the need for inserting the fundamental duties as a
part of the Indian Constitution and required every citizen of India to adhere to those duties.
By the 42nd Amendment to the Constitution, a new part (Part IVA) was inserted for
providing Fundamental Duties of a Citizen of India. Article 51A was inserted to provide that
it shall be the duty of every citizen of India –

a) to abide by the Constitution and respect its ideals and institutions, the national Flag
and the National Anthem;
b) to cherish and follow the noble ideals which inspired our national struggle for
freedom;
c) to uphold and protect the sovereignty, unity and integrity of India;
d) to defend the country and render national service when called upon to do so;
e) to promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
f) to value and preserve the rich heritage of our composite culture;
g) to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures;
h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
i) to safeguard public property and to abjure violence;
j) to strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavor and achievement.

The 11th Fundamental Duty [51-1(K) was added by the 86the Constitutional Amendment Act,
2002 which reads as under:

k) Who is parent or guardian to provide opportunities for education to his child, or as the
case may be, ward between the age of six and fourteen years.

These fundamental duties at best are regarded as ‘directory’. As regards enforceability of

these duties, it has been held that these duties being of individual citizens cannot be enforced
through mandamus, as they cast no public duties. However, there is no doubt that these duties
are a constant reminder to us of the national goals as well as the basic norms of political
order. They may inspire us to inculcate in ourselves a sense of social responsibility.
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Adherence to Indian Constitution and respect its Values, Institutions, National Flag, and
National Anthem means it is the supreme responsibility of every citizen to religiously adhere
to the Constitution as this is the supreme law of the land. Its values (democracy, secularism),
Institutions (parliament, executive) also need to be respected.

To respect National Flag and Anthem are also one of the supreme duties fixed. Hence every
citizen should pay respect to the nation by standing under the national flag, symbol of our
pride. Besides, at the time of National Anthem being played, we should stand in Attention
Position to pay respect to the nation.

To sustain and protect the Sovereignty, Integrity and Unity of Nation means to accept the
Sovereignty of the Nation has been described as the most important Duty of its citizens. It
implies that it is the duty of every citizen to follow and accept laws/legislations made by the
Government.

Protect our Nation and on being called upon, serve the country means it is the supreme duty
of each of its citizens to protect the nation, as citizen’s interest lies in the safety of the country
only. In case of National Crisis, citizens should protect the nation foregoing their own
interests. If Nation needs Soldiers, then Citizens should come forward voluntarily and get
inducted to the defense forces.

To keep alive the Values which influenced our freedom struggle and sustain them means it is
also is the duty of every citizen to sustain values (liberty, equality, fraternity) which kept our
freedom struggle going and also follow them in our day to day life.

Build Fraternity and spirit of unity amongst all citizens of India means it is almost our
foremost duty to inculcate a spirit of unity and fraternity amongst us. Each citizens of India
made up with principle of Justice, Liberty and Fraternity should consider themselves as
sons/daughters of one source only, they should consider One Motherland and One Fraternity.

Value the Importance of Our Glorious Social Culture and sustain it means each country has
its own ancient cultural and social past. India too has its own Glorious Ancient Culture,
which incorporates in itself high values such as Unity, Global Fraternity, Equal Treatment to
all Religions. To understand the Glorious culture of India and keep it Intact is the
Fundamental Duties of its Citizens.

To Improve and take Care of Forests, Ponds, Rivers, Forest Life, Ecology and have Mercy on
Live Animals means to protect our Natural Ecology from being damaged and exploited,
constitution makers decided on making this as fundamental duty of each citizen to protect
environment and try improve it.

Protect National Property and Abstain from Violence means each citizen has to protect
National Property. Hence they should not do any act which can cause damage to it or there
can be a risk of damage. People should stay away from Violent Agitations and such activities.
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Develop Scientific Thought and views means to get rid of prevalent evils and age old
traditional perspective, Notes it is imperative that we develop a scientific thought process.
We should try to develop a tendency of logical reasoning in diverse situations and try using
our merits and resources to the betterment of the society. To understand, accept and respect
Human Values and Thought Process is the Duty of mankind.

Proceed towards development in different subjects in matters pertaining to Individual/ Group

Topics means citizens should indulge in activities of skill/ knowledge improvement and
research, so that efforts of nation building can reach its zenith.

The Supreme Court has held that Article 51 A can be used to interpret ambiguous statutes.
Fundamental Duties have been particularly invoked in litigation concerning the environment.
They are much of an educational and psychological value for the citizens. Article 51A is
confined to ‘citizens’ unlike some of the articles relating to Fundamental Rights which extend
to ‘all persons’.

Recently in Charu Khurana vs. Union of India, 2015 the Supreme Court stated that, it is clear
as day that the duty of a citizen has been extended to the collective duty of the State. To
elaborate, it becomes the duty of the State to provide for opportunities and not to curtail the
opportunities.

2.2.2. Relationship between Fundamental Rights and Fundamental Duties

As provided in Article 32 of the Constitution (which itself is a fundamental right)

fundamental rights are enforceable through Supreme Court. High Court also under Article
226 can issue Writs etc for enforcement of fundamental rights. However, Fundamental Duties
are not enforceable through courts. The Courts while interpreting Fundamental Rights or any
restrictions imposed on such rights may take into account the Fundamental Duties and also
the Directive Principles of the State policy enshrined in Part IV of the Constitution.

In Javed v. State of Haryana, (2003) 8 SCC 369 it has been held that Fundamental rights are
not to be read in isolation. They have to be read along with the chapter on directive principles
of State policy and the fundamental duties enshrined in Article 51A.

Further, in State of Gujarat v. Mirzapur, 2005 while considering provisions of Articles 48,
48-A and also Article 51-A (g), the Supreme Court held:

“It is thus clear that faced with the question of testing the constitutional validity of
any statutory provision or an executive act, or for testing the reasonableness of any
restriction cast by law on the exercise of any fundamental right by way of regulation,
control or prohibition, the directive principles of State policy and fundamental duties
as enshrined in Article 51-A of the Constitution play a significant role.”

2.2.3. Summary

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There has been mention of Fundamental Duties along with Rights in the Constitution of
Japan, Italy, China and other European Countries and now it has been included in Indian
Constitution. This will enable Citizens to understand their Duties well and they will be able to
adhere them well. As of now, there has been no punishment provisioning in case of its
violation, but in some cases, parliament can arrange to have some legal penalties, if need be.
There is only one doubt concerning these duties that there is linguistic explanatory ambiguity
in some of the duties.

Scientific approach, Humanity, skill/ knowledge development and spirit to develop can be
discussed in general, but it is very difficult to ensure implementation. Only fear is that, in the
name of adherence of duties, administration may not misuse its powers. We only can hope
that this situation does not arise.

Fundamental Rights guaranteed under Part III of the Constitution are important natural rights
necessary for development of human beings. They are enforceable through court of law. No
law can be made which takes away or abridges any fundamental rights. On the other hand,
Fundamental Duties though not enforceable, but always taken into account while interpreting
any fundamental rights.

2.3. Directive Principles of State Policy

Introduction

This is the uniqueness of Indian constitution that in order to guide the State, there have been
provisions of Directive Principles. We find their mention in part IV of the constitution. Under
this chapter, constitution makers have indicated a Direction which Central and State
Government should use while making and enacting Legislations and Laws. In 1937, Ireland
not only provided for Fundamental Rights in its constitution rather also introduced Directive
Principles of State Policy. Besides, there has been a difference that Fundamental Rights are
judicially approved, but Directive Principles are only Legal Rights.

2.3.1. Nature of Directive Principles

Article 37 defines the nature and scope of it as-provisions as mentioned under part 4, though
cannot be challenged under any court of law, yet they are fundamental in the administration
of Government and use of these is essential for State while making/enacting law. Therefore,
our Directive Principles will influence both Executive and Legislative.

Explaining the Nature and Scope of Directive Principles Mr. G.N. Joshi writes in his book
“Constitution of India”, “Directive Principles should be kept in by Legislative while making
Law and by Executive while enacting Law. These point out to those policies which should be
adhered by the Central and State Government.

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Directive Principles are a new feature of our Constitution. These contain those instructions
which the present and future Government will follow irrespective of whatever political party
they belong to. These principles are found in part IV (article 36-51). These Principles depict
the Hope and Ambition of our constitution making members. They wanted to establish a
Welfare State with the help of this, so that people can get Social, Economical and Political
Justice. These clauses are the lifeline of our constitution.

The makers of constitution rightly understood that Individual objectives must gel with Social
objectives. They were aware of American experience and hence they put across Social
Change at the forefront. They were inspired by the constitution of Ireland in this regard.

2.3.2. Importance of Directive Principles

Directive Principles want to establish special type of social structure. As per Article 38,”The
State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which social, economical, political justice is available
to all”. These are not enforceable by any court of law. Prior to 42nd amendment,
Fundamental Rights were given preference over Directive principles, even if these principles
were fundamental to the governance of the nation.

As per Article 37,”provisions in part IV shall not be enforceable in any court, but the
principles therein laid down are nevertheless fundamental in the governance of the country
and it shall be the duty of the state to apply their principles in making their laws”. Post 42nd
amendment, they have been given more Weightage than Fundamental Rights. After this
amendment, any Law made and enacted by Parliament or State Legislature can’t be
challenges/ enforced in any court of law on the basis that it violates Article 14 and 19.

Article 36 to 51 of the Constitution of India embodies the Directive Principles of State policy
and for these we are indebted to the Constitution of Ireland. The objective is to establish a
social and economic democracy in India.

Article 37 reveals that:

i. The Directive Principles are not justiciable.

ii. They are Fundamental to the governance of the country.
iii. It shall be the duty of the State to apply these Directive Principles while formulating
policies or making laws for the governance of the State

2.3.3. Classification of DPs

Chapter 4 (article 36-51) mentions Directive Principles. They have not been classified in the
constitution, but Prof. M.P. Sharma does it in 3 parts and they can be further classified in 2
more parts:

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1. Socialist Principles:

Article 38 – the state shall endeavor to formulate such social system which will secure social,
economic and political justice to all in all the spheres of life.

Article 39(a) – the state shall try to formulate its policy in such a manner so as to secure
adequate means of livelihood for all its citizens.

Article 39(b) – the ownership of material resources would be controlled in such a manner so
as to sub-serve the common good.

Article 39(c) – the economy of the state will be administered in such a manner so that wealth
may not yet be concentrated in a few hands and the means of production may not be used
against the public interest.

Article 41 – the State will work within the limits of its economic viability and progress,
provide to the citizens the right to work, the right to education and general assistance in the
event of unemployment, old age, disease and other disabilities.

Article 42 – the state will make provisions for the creation of just and humane conditions of
work. It will also ensure maternity relief.

Article 43 – the state will ensure adequate wages, good life and rest to the labourers. The
state will also endeavor to make available to the labourers various socio-cultural facilities.

2. Liberal Principles:

Article 44 – the State shall endeavor to formulate and implement a Uniform Civil Code for all
the people living throughout the territory of India.

Article 45 – the State shall endeavor to provide early childhood care and education for all the
children until they complete the age of six years.

Article 47 – the State shall strive to raise the level of nutrition and the standard of living.
Thus, it will endeavor to improve upon the health of the people.

Article 48 – the State shall strive to organize agriculture and husbandry on modern and
scientific lines. It will also try to maintain and improve upon the breed of the animals.

Article 50 – the state will try to separate the judiciary from the executive in the case of public
service.

3. Gandhian Principles:

Article 40 – the State will strive to organize Panchayats in villages and will endow them with
such powers which enable them to act as units of self government.

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Article 43 – the state shall strive to develop the cottage industry in the rural areas both, on
individual or cooperative basis.

Article 43A – the State shall take steps, by suitable legislation or in any other way, to secure
the participation of workers in the management of undertakings, establishments or other
organisations engaged in any industry.

Article 46, state shall provide educational assistance to weaker sections of society and
specially SC/ST and endeavor to protect them against any social Unjust and exploitation.

Article 47 – the state will strive to ban the consumption of wine, other intoxicating drinks and
all such commodities which are considered injurious to health.

Article 48 suggests that the State will ban slaughtering of cows, calves and other milch cattle.

4. International principles:

Article 51(a) – the State will strive to promote international peace and security.

Article 51(b) – the State will strive to maintain just and honorable relations among various
states in the world.

Article 51(c) – the State will endeavor to promote respect for International treaties,
agreements, and law.

Article 51(d) – the State will strive to settle international disputes by arbitration.

5. Other Principles

Under Article 49, state shall endeavor to protect Heritage sites, Monuments etc.

Clause no 43.1 has been added to the constitution by its 42nd amendment which asks state to
ensure that labor get rightful opportunity of having just full participation in the affairs of any
business or any institution, by enacting proper law or otherwise.

Clause no 48-A has been added to the constitution by its 42nd amendment which asks state to
endeavor for protecting and promoting environment, forest and forest life.

2.3.4. Fundamentalization of Directive Principles

The Supreme Court has, in a number of judgments, referred to the importance of the
Directive Principles. It has called these principles the “conscience” and the “core” of the
Constitution. These principles are the “goals” to be achieved by Part III of the Constitution.
They are intended to ensure “distributive justice” for removal of inequalities and disabilities
and to achieve a fair division of wealth amongst the members of the society.

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The Supreme Court held that the courts can look at the Directive Principles for the purpose of
interpretation of the fundamental rights. The courts will adopt that interpretation which
makes the fundamental rights meaningful and efficacious. The courts have to make every
attempt to reconcile the fundamental rights with the Directive Principles remembering that
the reason why the Directive Principles were left by the founding fathers as non-enforceable
was to give the Government sufficient latitude to implement them.

2.3.5. Directives contained in other parts of the Constitution

Besides the directives contained in Part IV, there are certain other directives addressed to the
state in other part of the Constitution. These directives are also non-judicial. There are:

1. Article 350A – enjoins every state and every local authority within the state to
provide adequate facilities for instruction in the mother tongue at the belonging to
linguistic minority groups.
2. Article 351 – enjoins the union to promote the spread of Hindi and to develop it so
that it may serve as a medium of expression of all the elements of the composite
culture of India.
3. Article 335 – enjoins that the claims of the members of the Scheduled Castes and
Scheduled Tribes shall be taken into consideration, consistently with the maintenance
of efficiency of administration, in the making of appointments to services and posts in
connection with the affairs of the union or a state.

Though the Directives contained in Article 335, 350A and 351 are not included in Part IV,
courts have given similar attention to them on the application of the principle that all part of
the Constitution should be read together.

2.3.6. Fundamental Rights and Directive Principles

The directives differ from the fundamental rights in Part III of the Constitution or the
ordinary laws of the land, the following ways:

i. While the fundamental rights constitute limitations upon state action, the directive
principles are in the nature of instruments of instruction to the government of the day
to achieve certain ends by their actions.
ii. Fundamental rights are justiciable, but the directive principles are non-justiciable.
iii. The directives, however, require to be implanted by legislation, and so long as there is
no law carrying out the policy laid down in a Directives, neither the state nor
individual can violate any existing law or legal right under colour of following a
Directives.
iv. The fundamental rights lay down the negative obligation of the state. They are
prohibitive in character and are, in fact, in the nature of injunctions requiring the state

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not to do certain things. Directive principles are, on the contrary, affirmative

directions dealing with the positive obligations of the state towards the citizens.
v. The main objective of fundamental rights is to establish political democracy, by
guaranteeing equality, liberty, religious freedom and cultural rights but the aim of
directive principles of state policy is to establish just social and economic order.
vi. The court cannot declare any law as void on the ground that it contravenes the
directives.

2.3.7. Relative importance of DPs vis-a-vis FRs

During the first sixteen years of the operation of the Constitution, the directive principles
were considered subordinate to the fundamental rights: the courts struck down a number of
laws enacted to implement directive principles on the ground that they violated the
fundamental rights. The conflict has its root in the fact that fundamental rights are
enforceable by the courts, while the directive principles are not so. However, the government
tried to overcome the problem by amending the Constitution. When the Supreme Court laid
down in the Golaknath Case that the fundamental rights cannot be abridged to implement the
directive principles, the Government tried to overcome the limitation in 1971 through the 24 th
Amendment which gave Parliament the right to amend fundamental rights.

In the same year, the 25th Amendment Act inserted Article 31c ensuring that certain laws
meant to implement Directives in clauses 39 (b) and 39 (c) will prevail even if these laws
violate the rights granted in Article 14 and 19. An attempt to enhance the scope of Article
31C was made by the 42nd Amendment Act which gave primacy to any or all the directive
principles and deprived the courts of the right to look into such cases. This attempt was foiled
by the Supreme Court majority judgment in Minerva Mills Case which asserted that such
total exclusion of judicial review would offend the basic structure of the Constitution.

On the whole, however, the conflict between these two features of the Constitution is
meaningless as they are, in reality complementary to each other. The courts have increasingly
based their judgment on a harmonious reading of Part III and IV of the Constitution. The
Supreme Court, after the judgment in the Kesavananda Bharati case, has adopted the view of
the Fundamental Rights and Directive Principles being complementary to each other, each
supplementing the other's role in aiming at the same goal of establishing a welfare state.

2.3.8. Significance of Directive Principles of State Policy

We should not consider directive principles as meaningless and of less importance, due to
these being criticized. In actual, these directive principles are very important on a
constitutional and practical basis. As per Justice Hegde,” if there are any areas of
constitution which needs thorough discussion, then it has to be part III and IV”. These
contain constitutional philosophy and in the words of a write.

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These contain the Soul of the constitution”. As per Dr. Paylee,” these principles are
important as they are the positive responsibility of the state towards its citizens”. Importance
of these elements can be described in the following headings:

Directive Principles are Neither Inconsistent nor out of date

Prof. Jennings and Srinivas argument of it being irrelevant and obsolete is totally
inappropriate. In fact, many clauses about these thoughts are not foreign in nature, rather
absolutely Indian in many respect and occasion. Though in the 21st century, these might
become little obsolete, but in 20th century, these are absolutely useful and practical.

According to Prof. M.V. Paylee,” if these become obsolete at any point of time, then they
can be easily amended as procedure to amend them is quite easy. Till the time they shall
become obsolete and out of time, India would have benefitted from them majorly and roots of
democracy would be strengthened in India. Constitution is made to resolve current problems
and issues. If we are able construct our future on the basis of a solid foundation today, and
then we need not worry about future”.

Power of Public Opinion behind the Principles

Though these are not enforceable in any court of law, these are backed by the authority of
electoral mandate, which is the biggest Court of Democracy. Hence any Govt. which is
accountable to the masses, can’t afford to violate them. Consistent violation of these
principles by the govt. would give birth to strong internal protest. Within parliament govt. has
to reply to the Opposition and outside parliament it has to face the wrath of its electorate at
the time of elections. There has to be plebiscite behind Directive Principles.

According to Prof. Paylee,” directive principles create fundamental layer of national

awareness and whosoever violates it, does it at the risk of losing power only”. Critic
Raghavachari also accepts that,” the govt. which is in power has to respect this directive
paper”. Mr. Alladi Krishnnaswami Aiyar rightly said in constitution committee,” any
popular cabinet can’t afford to violate the clauses mentioned under part IV”.

An Insurance against Extremes

Constitution makers were aware of the fact that there can be different leadership due to
dynamic nature of electorate in different periods of time under our democracy. Sometimes it
can be a Rightwing leadership and sometimes it can be a Leftwing Leadership. Directive
principles would keep any type of leadership under check and would stop them from being
unidirectional.

As per Mr. Amarnandi,” directive principles of the state assures of the fact that any
conservative party would be able to avoid these clauses while making it policies and any
aggressive party would not think of suspending constitution to fulfill its economic or other

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programmes. Thus directive principles safeguards us against extremes of both leftwing and
rightwing leadership.

Importance as Moral Ideals

Even if we consider directive principles as a Moral Concept, even then they have huge
importance. Magna Carta in Britain, Human and Civil Rights declaration in France and no
legal rights available to preamble in America, even then these nations have been influenced
by it. So we can hopefully expect these principles to influence Indian administration and
policies.

In the words of Allen Gledhill,”numerous people have improved lives due to the effect of
moral ideals and there is no dearth of examples, wherein these moral principles have
influenced history of some nations as well”.

Helpful in the Interpretation of the Constitution

As per constitution, directive principles are fundamental to the governance of the nation,
which means each authority responsible for governing the nation shall be directed by them
only. Judiciary being integral part of our governance system, It is expected that Courts will
give special importance to directive principles while interpreting constitution.

Prof. Alexandrowich is of the view that since directive principles carries the social and
economic policy of our constitution makers and it also carries their desires, it becomes
imperative for the courts to give special importance to directive principles while explaining
clauses related with fundamental rights.

Indian Courts have taken cue from directive principles on number of occasions while giving
verdict on cases pertaining to Fundamental Rights. In case of State of Mumbai vs. FM
walsaray, Supreme Court gave verdict on the basis of Article 47 that the Government rightly
put a ban of the sale of Intoxicating material. Again in the case of Government of Bihar vs.
Kameshwar Singh, Supreme Court favored Government decision under Article 39 by saying
that the end of landlord system is actually beneficial for the society as a whole.

Similarly, in the case of govt. of Ajmer vs. Vijay Vastraudyog, Supreme Court upheld
minimum wages act applicability under article 43. As per Sh. M.C. Sitalwad,” directive
principles even if not having constitutional backing, they continue to work as a Light House
for the respective Courts”.

Basis of the Evaluation of the Government

Directive principles provide people a benchmark to assess the success and failure of any
leadership. Those in power have to explain the public about their achievement in respect of

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these directive principles and those desiring to come in power have to express their eagerness
and willingness towards these principles in front of the masses.

Executive Head cannot exploit Provisions

Finally in favor of directive principle we can say that though some constitution experts and
parliamentarians have expressed their concerns of President or Governor rejecting their
ordinance/ bill on the basis of not being in conformity with directive principles, yet it is
highly unlikely to happen, as President and Governor being symbolic head only can’t afford
to reject popular council of ministers proposal.

In the words of Dr. Ambedkar,” to reject an ordinance/ bill, president or governor can’t use
directive principles”. In fact, directive principles are the supreme principles of Indian
constitution.

Supreme Court justice Mr. Kenya while giving verdict on Gopalan vs. State of Madras said
that,” since directive principles of the state are part of constitution, therefore they are not only
temporary orders of the majority party, but they also have the wisdom full consent of the
nation, which has been expressed by the constitution committee”.

Thus, directive principles of state policy;

i. Lay down the foundation of Economic Democracy

ii. Measuring rods to judge the achievements of the Govt.
iii. They establish welfare state.
iv. These are Fundamental in the Governance of the country.
v. These Principles supplement Fundamental rights.
vi. Guiding Principles for courts.
vii. They bring stability and continuity in State policies.

2.3.9. Implementation and Achievements with Regard to Directive Principles

Implementation of directive principles is like converting police rule into welfare rule and like
converting political democracy (as established by constitution) into economic democracy.
This is such a huge task that it can’t be completed fast. We need long time effort, sufficient
money and rapid economic, social and educational development to accomplish this. But states
have started working on it and following have been the developments:

1. There have been efforts to promote agriculture and industry, improvement in education and
health standards, increment in number of jobs and related fields, national income and lifestyle
up gradation with the help of five yearly plans.

2. Numerous laws have been passed to protect the interests of children and youth. In case of
disease and accident, to some extent provisions have been done for Insurance in Labor class

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and efforts are on to implement unemployment insurance scheme and increased availability
of employment. State is cruising ahead in the direction of social welfare.

3. Barring some parts of Hindu Bill like Hindu Marriage Act 1955 and Hindu Succession Act
1956, efforts are on to introduce Uniform Civil Code.

4. There has been progress in the area of eradication of untouchability and providing
education to SC/ST and other backward classes by offering them scholarship and other
means.

5. Though we still have to go miles in terms of free and compulsory education and sufficient
health services for all, yet we have achieved substantial success in attaining it. At the last
place, by democratic decentralization and community development schemes Gram Panchayat
have been empowered. To provide free legal counseling to poor, a committee has been
constituted under Justice P.N. Bhagwati.

In some of the provinces, old age pension scheme has been started for poor and helpless
people. Haryana is one such state to do it. In the recent past, lots of steps have been taken to
implement directive principles. Eradication of bonded labor system and equal wages to men
and women legislation has also been passed. Required laws have been passed by State
Government to write off debts of rural public and weaker sections of the society.

In 1976 parliament has passed Urban Land Ceiling Act, according to which urban land
ceiling in Tier 4 cities has been fixed between 500 sq. mt to 2000 sq. mt. We hope that this
act shall extend to other urban areas as well in times to come. In fact, there have been fresh
efforts for the welfare of poor. Making available Land for landless, land reforms and hiking
agriculture labor wages are some areas, which are seeing heightened activities.

There still is a lot of work to be done to implement directive principles fully, but state has not
forgotten its duty and we can hope that there shall be increased endeavors in this regard in
times to come.

Aforesaid discussion establishes the fact that directive principles are not meaningless. They
have high importance in the constitution. Our democracy’s future hinges upon its
implementation. As per Dr. A.C. Kapoor, “directive principles are principles which provide
stability to the constitution “.

Undoubtedly, directive principles have huge importance. After 25th amendment, its
importance has risen manifolds. We can refer to them as the foundation of socialist policy of
Indian state. Establishment of an ideal democracy and its success depends largely upon
adopting these principles in practice. There is truth in the statement of Mr. Chagla,” if we can
shape up these directive principles practically, then our country can certainly become
paradise on earth”.

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Supreme Court while delivering verdict in one of the cases quoted,” being a part of the
constitutional scheme, the directive principles do not represent a temporary will of a majority
but the deliberate wisdom of the nation expressed through the constituent assembly entrusted
with the duty of setting the paramount and permanent law of the country”.

In a nutshell, the implementation behind directive principles of State policy has been;

i. Constitution itself
ii. Public opinion
iii. Practical utility of a few DPs
iv. Constitutional amendments
v. Laws made by the government, and
vi. Executive orders

2.3.10. Criticism of DPs

Can lead to ‘situations of conflict’ between the center and the states – If the Parliament passes
a law to enforce DPs, even if it is beyond the fiscal reach of the states to implement the laws,
failure to do so will be subject to art 256 (state governments are supposed to exercise their
executive powers in accordance with the laws passed by the Parliament). If the state does not
follow 256, then by art 365 (if the state does not follow the mandates of the Parliament, then
the President can deem this to be a ‘breakdown of constitutional machinery’).

Social values combined with sentimental values – prevention of cow-slaughter and alcohol
consumption combined with principles of social and economic justice (39b & c). It is said
they imbibe the spirit of Fabian socialism – which is now losing relevance. The ideas of 5
year plans, setting up large and diversified public sector and nationalization of key industries
came from erstwhile USSR.

However, unlike USSR, India became a democracy with a Fabian aim of socialism – that is –
achieve socialism through evolution, not revolution (e.g. Bolshevik Revolution of 1917).
After Liberalization, Privatization, Globalization (LPG) in 1991, leading to a restricted role
of public sector, the very idea of socialism is under threat. e.g. Right after independence, we
acquired land from the big landlords and distributed it to the landless tillers – now we do the
opposite – we acquire land from poor farmers and hand it over to big capitalists.

These are Non-justiciable – then how can the courts monitor their implementation. Although,
the courts, especially since the 1990s, have started giving significance to the DPs through
‘judicial activism’, no proper classification is done – the segregation into Socialist, Gandhian,
Liberal and International principles was not there in the Constitution. Some Directive
Principles are not practicable – strict nation-wide ban on alcohol can never be practically
enforced. No mention of methods to implement these – no time frame, no process, no
agencies prescribed.

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2.3.11. SUMMARY

It is clearly understood by above discussion that Directive Principles hold special importance
in modern times. Ex chief Justice of India K. Subba Rao states, Directive principles have
been mentioned from part IV of the constitution. It wants to create such a social structure in
which justice shall form the basis of all social, economical, political national institutions. It
intends to create such an Agricultural Society where there shall be no concentration of
money, where there shall be plenty of opportunity, where each one shall have the right to
education, work and means of subsistence and each one will have social justice. After critical
analysis of directive principles it becomes clear that it is not wrong to include them in the
constitution looking at their importance.

In the words of M.C. Sitalwad,” these principles as a beacon would act as a torchbearer for
all state to its effort of nation building so that our country can gradually become prosperous
and strong and be able to find its worthy place amongst other nations of the world”.

In the words of Chief Justice Chandrachood,”Our constitution aims at bringing about a

synthesis between fundamental rights and the directive principles of the state policy. Not one
but both collectively are the heart and soul of the constitution”.

Lastly K.C. Mahajan rightly said that,” if a chapter of fundamental rights is a must for a state
of the modern democratic type with a written constitution, chapter on the directive principles
of the state policy is a must for a welfare state with written constitution”.

2.3.12. REVIEW QUESTIONS

Q1. Examine critically the Fundamental Rights as mentioned in the Part III of the
Constitution of India.

Q2. Critically examine the Right to Freedom as enshrined in Part III of the
Constitution of India.

Q3. Explain salient Features of Fundamental Rights given in India?

Q4. Which all Fundamental Rights are available to the people of India? Explain.

Q5. Explain the Fundamental Duties as given by the Constitution of India.

Q6. How important are Fundamental Duties to an Individual? Critically elaborate.

Q7. Explain Directive Principles of State Policy as mentioned in Indian Constitution.

Q8. Classify Directive Principles while explaining its importance.

Q9. Do critical analysis of Directive Principles of State Policy.

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Q10. Clarify the difference between Fundamental Rights and Directive Principles.

Q11. Describe the utility of Directive Principles of state policy.

2.3.13. F URTHER READINGS

1. Indian Political System – N Chhabra Abhinav Prakashan, Rohtak, Haryana.

2. Indian Political System – U. R. Ghai.

3. Constitution of India – Subhash Kashyap.

4. Indian Govt. and Politics – Subhash Kashyap.

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Unit – 3
Federalism and Parliamentary Democracy: Union-State relations
and Judiciary in India
3.1. Federalism

Introduction

The origin of the word ‘Federalism’ can be traced back to a Latin word ‘Foedus’ which
means a Treaty or an Agreement. According to Daniel J. Elazara, “Federalism unites
separate politics with an overarching political system so as to allow each to maintain its
fundamental political integrity”.

According to Prof. Garner, “Federalism is a system of Government in which all the

administrative powers are divided between the Central and the State governments by the
constitution, and both are supreme within their respective spheres”.

Thus, the modern system of government consists of two types namely the Unitary and the
Federal Government. By Unitary, we meant a system of government in which the powers are
concentrated in the hands of the central government and where the State government does
exist but do not exercise any power nor possess any independent authority without the
consent of the central government such as UK, Northern Ireland, Afghanistan, Bangladesh,
People’s Republic of China and France.

On the other hand, Federal refers to a division of powers between the Centre and the State
governments where each government is set free to act on its own sphere such as India, USA,
Brazil, Mexico, Russia, Germany, Canada, Switzerland, Argentina and Australia.

3.1.2. Nature of Indian Federalism

This is the beauty of Indian constitution that it is a blend of both Federal and Unitary system
of administration. If we see, then there seems to be signs of Federal administration system
everywhere, but we can’t deny the fact that on each page, we can see the spirit of unitary
administration. Hence, question of nature of Indian constitution has become very interesting
topic. Some refer to it as Federal and some as Unitary. As per them, “Indian Constitution
provides for a Federal Structure with Unitary spirit”.

Under Article 1, Indian has been called Union of States. There has been no mention of word,
Federation. There can be understandably two reasons for this. First is that, our Union of
States is not a result of mutual amalgamation as is the case with USA. In our country,
creation of Union of States has happened on the lines of Canada.

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Here after dissolving the spirit of Unitary, states were reconstituted and jurisdiction of Centre
and State were decided on the basis of constitutional division of power. Secondly, in our
constitution alike Ex. USSR, states don’t have the right to disassociate from the Union. A
Union of State such made has to have a stronger Centre.

When constitution was adopted, Indian States were divided into 4 categories: there were 29
states in total divided as, in part a – 10, part b- 8 in part c- 10, and in part d - 1. But in 1956,
after 7th amendment, states were restructured and in place of 4 categories of States, two types
of units were provisioned. First one was State and second was Union Territory. At present,
we have 28 States and 8 Union Territories. (Andaman & Nicobar Island, Chandigarh, Dadra
& Nagar Haveli & Daman & Diu, Delhi, Ladakh, Lakshadweep, J&K, Puducherry)

In fact, the difference of opinion of the nature of constitution is caused by the constitution
itself. Constitution neither names India as Federation nor does unitary rather have it been
called “Union of States”. Dr. Ambedkar while clarifying the objective of using such words in
constitution said, giving the name of Union of States is advantageous. Such name explains
two things. First, Federal structure in India is not a result of any agreement and Second, Units
in Indian Union don’t have right to leave the Union.

Hence our Union is a permanent and unbreakable union. As per the Constitution, India is a
Union of States. We can only reach to final result on its nature by studying its Federal and
Unitary characteristics.

3.1.3. Federal features

All those qualities are found in Indian constitution, which are there in Federal constitution
like constitution of USA. To know more about these qualities, it is essential that we know
about definition of Federal State and features. In general by federal administration system, it
is implied that in which division of power between central and state government is done by
written constitution. Following are the characteristics of federal administration in India:

1. Dual Polity

Indian constitution provides for Dual administration system. At one hand, there is central
government at centre and on the other hand, State government at state level. Each have
separate jurisdiction. Main components of Central government are President, Prime minister,
Council of Ministers and Parliament. Main components of State government are Governor,
Chief Minister, State council of Ministers and State Legislature.

Statutory, Administrative and Financial relations of both Governments have been decided by
constitution. Central parliament can change the geography of the state, can change its name,
can create another state by editing areas of one or more states, but it can’t have Unitary mode
of administration by erasing State’s existence.

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2. Division of Power

In Federal style of government, power is divided between Central or Union and States. Due
to this very division, a written constitution is more required. Thus, the Constitution provides
for a three-fold distribution of legislative powers between the Centre and the states namely
List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in the
Seventh Schedule under Article 246 of the Indian Constitution.

The Parliament has exclusive powers to make laws with respect to any of the matters
enumerated in the Union List. This list has at present 98 subjects after 101st Amendment Act
2016 (originally 97 subjects, till 2016 100 items) like defence, banking, foreign affairs,
currency, atomic energy, insurance, communication, inter-state trade and commerce, census,
audit and so on. (Entry No. 92. Taxes on the sale or purchase of Newspapers and on
advertisements published therein & 92c. Taxes on services has been omitted)

The state legislature has “in normal circumstances” exclusive powers to make laws with
respect to any of the matters enumerated in the State List. This list has at present 61 subjects
(originally 66 subjects) like public order, police, public health and sanitation, agriculture,
prisons, local government, fisheries, markets, theaters, gambling and so on.

Both, the Parliament and state legislature can make laws with respect to any of the matters
enumerated in the Concurrent List. This list has at present 52 subjects (originally 47 subjects)
like criminal law and procedure, civil procedure, marriage and divorce, population control
and family planning, electricity, labour welfare, economic and social planning, drugs,
newspapers, books and printing press, and others.

The 42nd Amendment Act, 1976 transferred five subjects to Concurrent List from State List
that is education, forests, weights and measures, protection of wild animals and birds, and
administration of justice; constitution and organization of all courts except the Supreme Court
and the high courts. The power to make laws with respect to residuary subjects – article 248
(1) is vested in the Parliament. This residuary power of legislation includes the power to levy
residuary taxes.

3. Independent Judiciary

Due to division of power between centre and state, there is always a possibility of dispute.
Hence, it is imperative that we have Independent Judiciary in Federal form of government
Indian constitution provides for a totally independent judiciary, which has the right to settle
disputes between centre and states. Judiciary has the right to interpret the constitution.
Judiciary can declare any Central or State Law unconstitutional and repeal it. Judiciary is free
from interference of Centre and State.

4. Bi-cameral Legislature

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Indian parliament like a Federal parliament has two houses: Lok Sabha and Rajya Sabha. Lok
Sabha is Lower house and its members are directly elected by the people of India. Rajya
Sabha is Upper House and its members are elected by the state legislature.

5. Written Constitution

England has unitary form of government and has no written constitution, but in America,
Canada, Australia, Switzerland etc have Federal form of government and they have written
constitution. India too is a Union/ Federal and it has extensively written constitution. It has
395 Articles and 10 Schedules. Dispute between centre and state has been adequately
mentioned in the constitution.

There is always a possibility of dispute between centre and state in Federal government,
written constitution reduces chances of such disputes and even if there are disputes, it can be
settled easily by Supreme Court under the provisions of constitution. Constitution of Union
form of Government is written. Unitary form of Government can have written or unwritten
constitution.

6. Rigid Constitution

Under federal type of government constitution is normally rigid. It is due to the reason that
centre or state can’t change it as per their discretion. In rigid constitution, statutory law has
got supremeness over normal laws and method of changing normal law is different. Our
constitution is rigid, but not as rigid as that of America’s constitution. Constitutional
amendment process is mentioned in article 368.

There are many articles, which need absolute majority of total members of both houses and
2/3rd majority of available and voting members, for amendment. There are some articles for
which one must need at least half of Indian State’s Legislature approval also apart from
above mentioned majority. Under such category comes; Method of president’s election,
Statutory Executive and Judiciary related power limit of centre and state, state representation
in centre, process of amendment under article 368 etc.

7. Supremacy of Constitution

Under federal structure, constitution of the country is supreme. Alike American constitution,
Indian constitution is the supreme law of the land. Any individual, institution, govt. officer or
govt. can’t work against the provisions of constitution. Parliament and state legislature can’t
make any law, which violates constitution. If they do so, then Supreme Court and High courts
can declare them unconstitutional and repeal it. Similarly, union or state government can’t
pass any ordinance or order, which is against constitution.

Judiciary can declare such ordinances or orders unconstitutional. Supreme Court and high
court have the power of judicial review. All judges have to take oath while taking charge of

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their posts that, they shall respect constitution, shall their discharge their duties as per
constitution, they shall protect and maintain constitution. All these prove the supremeness of
our constitution.

8. Co-operation and co-ordination between Centre and States

For decisions between centre and state in any union form of government it is essential that
there exists co-operation and co-ordination in the administration. Inter-state provision is also
there in the constitution. At times, there are conventions of Chief Ministers and Governors by
the Central Government It becomes clear by above study, that Indian constitution also like
USA, Canada, Australia, and Switzerland has Federal form of Administration. After looking
at these characteristics, it is clear that Indian Administrative system is surely a Federal form
of administration.

Indian constitution has done provision for Dual Polity. Critics state that, Indian constitution
provides for Federal form externally, but internally it lacks the element of Soul of Federal
form of government and that is ‘Autonomy of States’. As compare to Centre, states position
is weak and they are dependent on Centre for many things.

India has incorporated all the essential features of federalism in her Constitution namely the
dual set of government. At the central level there is the Union Government and at the State
level there is the State government. The Indian Constitution also provides for the division of
powers between the State and the Central government. As such, the powers are being divided
into three lists namely the Union list, the State list and the Concurrent list.

The Union list comes under the supervision and jurisdiction of the Union Government and
contains 98 (in 2022) subjects over which only the Union shall have an exclusive power of
legislation such as defence, foreign affairs, currency and coinage.

The State list on the other hand, comes under the direct control of the State Legislature which
contains 61 subjects such as agriculture, public order, local government, and police. And the
Concurrent list contains 52 subjects over which both the State and the Union Government can
legislate such as Criminal law and procedure, torts, welfare of labor and education. However,
those subjects which do not come under the preview of the any three lists are vested under the
supervision of the Union Government and most commonly referred as the residuary powers.

The division of powers has been instituted under the provision of the Constitution which is
written, rigid and supreme. The Constitution clearly defines the scope of powers between the
State and the Union governments and provides a complex procedure for amendments of
certain federal provisions.

It stipulates that two-third majority in each houses of parliament present and voting and also
half of the several State Legislatures is required to amendment the Constitution. Besides, the
Constitution is also regarded as the supreme authority of the land as it is the source of all
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power and neither the State nor the union government can afford to violate it. The
Constitution also provides for an independent Judiciary with the Supreme Court as its head.

It has the power to settle any disputes between the State and the Union government and thus
it is regarded as the final interpreter of the Constitution. Like other Federation, the
Constitution of India provides for a bicameral legislature consisting of the Lok Sabha and the
Rajya Sabha. While the Lok Sabha consists representatives directly elected by the people on
the basis of universal adult franchise, the Rajya Sabha mainly consist of representatives of the
State. Thus, the Constitution maintains a balance between direct representation of the people
and the representation of the Units.

The Supremacy of the Constitution is another feature of a federal system which is also
present in India. The Constitution of India stands at the top of the hierarchy of all laws both
national and State. The Central as well as the State Governments have to operate within the
limits prescribed by the Constitution. If they pass any law which does not conform to the
Constitution, the same can be declare as ultra vires by the Supreme Court of India.

Thus, the working of the Indian federalism as accordance to the provision of our Constitution
for the last 63 years conveys that the Union government has, in many occasions, misused its
position and misinterpreted the Article 356 for bringing some states under its control. There
had been many speculations reflecting on its strong position for widening the political ends of
the party at the centre. As such, for the past five decades, that is, from 1950 - 1996, the
Congress has been able to dominate at the centre.

At times, specifically during the post 1967, the Congress at the Centre did not bother to
misuse Article 356 for a mere political mileage. It was believed that the states ruled by
certain regional or other national political party receives lesser and gets delayed grant-in-aid
from the Centre.

Some State governments were even dismissed after the elections to the Lok Sabha. Later in
April 1977, when the Janata Party came to power at the centre, they were able to secure the
dissolution of eight state legislative assemblies. Such a move was described by the Congress
as anti-federal act. But when the Congress was able to return to power in 1980, they too did
the same and secure the dissolution of nine state legislative assemblies. It was than highly
termed as anti-federal act by the Janata party, the Lok Dal and various other political parties
from different corners of the country.

Thus, Article 356 has been used very often by many political parties and has been continued
till at present. The constituents of the United Front Government such as the Communist party
of India and Telegu Desham party had time and again opposed to Article 356 but, had to
impose it in 1996 in Gujarat as well as in Uttar Pradesh.

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In addition, almost all the National parties in India have supported the idea of securing a
consistent political order concerning the philosophy of the Centre and States ruled by the
same political party. It is regarded as the integral aspect of our political system as it will not
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only foster developmental projects in the States but will also maintain the true spirit of
federalism.

In fact, such thoughts of political supremacy as well as misuse of strong central position have
been widely responsible for turning our country into a real unitary system. But in the process,
it has produced a strong reaction from the States against the Union in the form of demanding
for State autonomy.

For instances, the Rajamannar Committee, the West Bengal Government Memorandum on
Union-State relations, the Anadpur Sahib Resolution, the Jammu & Kashmir Assembly
Resolution and the Sarkaria Commission have all suggested for the grant of more powers to
the States.

3.1.4. Summary

India still continues to be a federal polity with a strong central government but in this age of
welfare state and internationalism, the existence of a strong central government in all federal
polities is a well thought out natural necessity. Similarly, the continued existence of a strong
central government in India has justified and also reflects the reasonable insight of our
founding fathers. Consequently, during the years from 1996 - 1999, the two United Front
Governments that is the BJP and the National Democratic Alliance Government as well as
the United Progressive Alliance Government has reflected fully that India is truly a federation
with a strong tendency of unitary features.

As such, it is hoped that the existence of coalition politics will ultimately enable India to
develop into a balance, positive and cooperative approach in her federal polity. But no one
can stop the Union from exercising its irregular political interferences with the States
autonomy. In such a case, there is a need for Amendment of certain Constitutional provisions
such as the role of the State Governors and the method of his/her appointment needs to be
reconsidered. As such, no one can refute the necessity of having a strong Union government
for preserving the unity and integrity of the country, and at the same time no one can defend
the attempts at the misuse of the strong position of the Union for a mere political gain by the
party in power.

Politics in India has been the real source of unjustified and unreasonable situations on the part
of the Union Government. Thus, the flexible nature of Indian federalism has been often used
to oppose the clear intentions of the founding fathers of Indian Constitution.

3.2.1. Concept and nature of Indian Parliamentary Democracy

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Introduction

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The Indian Constitution has adopted the Parliamentary system of Government which effects a
harmonious blending of the legislative and executive organs of the State inasmuch as the
executive power is wielded by a group of members of the Legislative who command a
majority in the popular Chamber of the Legislature and remain in power so long as they
retain that majority.

As such, India follows a bi-cameral legislature consisting of two Houses namely the House of
the People or the Lok Sabha and the Council of States or the Rajya Sabha. The Lok Sabha
represents the People and the Rajya Sabha represents the States of the Indian Union. The
President is an integral part of the parliament, although he is not a member of the either
Houses of parliament, the Constitution under Article 79 clearly states that, the parliament of
India consists of the President and the two Houses – the Lok Sabha and the Rajya Sabha.

The President is a part of the Legislature like the English Crown for even though he does not
sit in the Parliament, except for the purpose of delivering his opening address. According to
Article 87 of the Constitution, a Bill passed by the Houses of Parliament cannot become law
without the President’s assent.

Thus, the functions of Parliament as the Legislative organ follow from the above feature of
the Parliamentary system;

Providing the cabinet

The first function of the Parliament is to provide the Cabinet and holding them responsible.
Though the Cabinets are responsible to the popular Chamber, the membership of the Cabinet
is not necessary restricted to that Chamber as some of the members are usually taken from the
upper Chamber.

Control of the Cabinet

According to article 75(3) of the Constitution, control over the cabinets is a necessary
corollary from the theory of “Collective Responsibility” that it is a business of the popular
Chamber to see that the Cabinet remains in power so long as it retains the confidence of the
majority in that House.

Criticism of the Cabinet and of Individual Ministers

According to article 75(3) of the Constitution, both the Houses of the Parliament can
participate and are capable of participating in discussions and reviewing a bill, though the
power of bringing about a downfall of the Ministry belongs only to the popular Chamber –
the House of the People.
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An organ of Information

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It means that the Parliament is more powerful than the Press or any other private agency as
the Parliament secures the information authoritatively from those in the know of things. The
information is collected and disseminated not only through the debates but also through the
specific medium of ‘Questions’ to the Ministers.

Legislation

According to articles 107, 108 and 245 of the Constitution, the function of the legislature is to
make or formulate law which belongs to the Legislature equally under the Presidential and
Parliamentary forms of Government.

Financial control

According to article 109 of the Constitution, the Parliament has the sole power not only to
authorize expenditure for the public services and to specify the purposes to which that money
shall be appropriated, but also to provide the ways and means to raise the revenue required,
by means of taxes and other impositions and also to ensure that the money that was granted
has been spent for the authorized purposes. Thus, from this point of view, our Indian
parliament consists of the President and the two Houses namely the Lok Sabha and the Rajya
Sabha.

3.2.2. Composition of the Indian parliamentary democracy

The Lok Sabha

It is also called as the House of the People or the Lower House of the Union Parliament. It is
directly elected by the people through universal adult franchise. The maximum strength of the
Lok Sabha cannot exceed 552 members, out of whom 530 are to be elected from the
territorial constituencies of the different states and 20 members from the Union Territories.

Two members are usually nominated by the President from the Anglo-Indian community. At
present the total membership of Lok Sabha is 543. Besides, to contest an election for the Lok
Sabha, a person must fulfill the following qualifications:

 He/ She must be a citizen of India.

 He/ She must not be less than 25 years of age.
 He/ She must not hold any office of profit either under the Central or the State
government.
 He/ She should possess all such qualifications as may be laid down by the parliament.

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Furthermore, the members of the Lok Sabha serve for five years of duration, but the president
can dissolve the house before the completion of its full term. The duration of the House can
be extended by one year at a time during emergency, but fresh election must be held within
six months at the end of the emergency.
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The President can summon the session of the parliament at any time but the gap between two
meetings cannot be more than six months. It basically means that in a year, a minimum of
two meetings of the Lok Sabha must be held. In addition, for a meeting to the Lok Sabha, at
least one-tenth of its members should be present but, if the quorum is not met than the
speaker can adjourn the meetings. The speaker is the Chairman and the presiding officer of
the Lok Sabha. He is usually appointed amongst the members by themselves.

As such, in a modern parliamentary system there always tends to be issues regarding the lack
of time for discussion and debate. The parliament has thus adopted the system of Committee
so as to ensure that all the governmental matters are being thoroughly discussed into an in-
depth approach.

The Rajya Sabha

It is also called as the Council of States or the Upper House of the Indian parliament. It
provides for the representations of the States but, not an equal representation unlike the USA
and Switzerland. The Rajya Sabha has a maximum strength of 250 members, out of whom 12
members are nominated by the President from amongst the persons who are specialized in
literature, science, art or social service.

The remaining 238 members represent the States who are indirectly elected by the members
of the State Legislative Assemblies through the method of proportional representation by
means of single transferable voting system. And so, the Constitution has laid down the
following qualifications for a person to become the member of the Council of States:

 He must be a citizen of India.

 He must be at least 30 years of age.
 He should be a resident of the state for a minimum of six months from which he seeks
for the election.
 He must possess such other qualifications as may be prescribed by the Parliament.
 He must not hold any office of profit under the Union or the State Governments.

The Rajya Sabha is a permanent house unlike the Lok Sabha where one-third of its members
retire after every two years and fresh elections are held for the vacant seats. As such, the
house cannot be dissolved and thus ensures the continuity of the administration. The
President usually summons the session of the Rajya Sabha along with the session of the Lok
Sabha. He can also summon for special session for getting approved of an emergency
declaration or ordinance seeking for the extension of the President’s rule in a state.

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Besides, the quorum for the meetings of the Rajya Sabha is one-tenth of its total members. It
basically means that out of the total membership of 250 members, at least one-tenth must be
present for carrying out the proceedings of the House. The presiding officer of the Rajya
Sabha is the Vice-President of India. He is the Ex-officio chairman.
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The House also elects a deputy chairman from amongst the members who will preside over
the meetings in the absence of the Chairman. The Chairman has no right to vote except in
case of a tie.

3.2.3. Speaker of the Lok Sabha

Speaker is a very powerful person in Lok Sabha. He is a man of highest authority in the
House. He has got the 7th place amongst the highest persons of the country and he has got the
same status as the Chief Justice of India. The speaker represents the pre-eminence of Lok
Sabha. His post is very grand and dignified which is accepted by all the members to such an
extent that when the speaker stands in the House, no other member can stand and when he
speaks, then nobody speaks; all listen to him.

In the words of Pundit Jawaharlal Nehru, “The Speaker represents the House. He represents
the dignity of the house and because the House represents the nation, in a particular way, the
Speaker becomes the symbol of Nation’s freedom and liberty”.

Former Speaker of Lok Sabha, Hukam Singh had once said, “The speaker holds one of the
highest offices of the land”.

Election of the Speaker

To preside over the meetings of Lok Sabha, its members elect one person as their leader; he is
called Speaker of the Lok Sabha. According to Article 93 of the constitution, House of the
People (Lok Sabha) should elect two members of the House as Speaker and Deputy Speaker
as early as possible. After the general elections when a new government is formed, the
election of the Speaker is made in its very first meeting by the House. Generally, the Speaker
is elected unanimously.

After having consultation with the leaders of the opposition parties, leader of the majority
party proposes the name of the Speaker. This proposal is supported by the leader of the
opposition. Election of the speaker is held only when the majority party of the House and
other parties disagree on this point.

In 1976, the candidate of Congress (I) party, Mr. Bali Ram Bhagat, was the winner for the
post of Speaker. The Speaker of the 9th Lok Sabha was Mr. Ravi Rai. Shiva Raj Patil was the
Speaker of the 10th Lok Sabha and Mr. P.A. Sangma of the 11th and Mr. Ravi Rai. Similarly,
in the 12th Lok Sabha Mr. Bal yogi and Mr. P.S. Sayed were elected as Speaker.

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But later when Mr. Bal yogi died in an air accident, Lok Sabha elected a new Speaker, Mr.
Manohar Lal Joshi was elected as Speaker of Lok Sabha and Mr. P.M. Sayed remained
Deputy Speaker as he was before (Mr. G.V. Mavlankar was the first Speaker of the first Lok
Sabha).
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The 14th Lok Sabha unanimously elected Som Nath Chaterjee as Speaker and Charanjit
Singh Atwal as Deputy Speaker. The Speaker of the present Lok Sabha is Mr Om Birla.

Qualifications

There are no specific qualifications for the post of Speaker. The House can elect any present
member of Lok Sabha as Speaker. We can say that the qualifications for the post of Speaker
are the same as that required for becoming a member of the Lok Sabha. But in fact, only an
experienced and popular member of Lok Sabha is elected for this high post.

Tenure

The tenure of the speaker is the same as that of Lok Sabha, i.e., 5 years. But even after the
dissolution of Lok Sabha, he remains at his post. He holds the office till the new Lok Sabha
does not elect its own Speaker. The Speaker can resign from his post anytime even before the
completion of his tenure.

Method of Removal

It has been said in Article 94 of the Indian constitution that if the Speaker does not remain a
member of the House, his services as Speaker shall come to an end. The Speaker can resign
anytime from his post. Lok Sabha can also remove the Speaker from his post. In this regard,
if the majority party of the House passes a resolution for his removal, the speaker has to give-
up his post. But 14 days prior to bringing a no confidence resolution against the Speaker, a
notice has to be given to the Parliament by the proposers of such a resolution.

Salary and Allowances

The salary and allowances of the Speaker are fixed by the Parliament. Besides salary and
allowances, he has special privileges such as free accommodation, free medical-aid,
travelling allowance and many others. His salary is given from the Consolidated Fund.

3.2.4. Powers and Functions of the Speaker

The Speaker of Lok Sabha performs the following important functions:

To preside over the meetings of the House

Speaker presides over the meetings of the House and conducts its meetings. He also presides
over the Joint session of both the Houses.

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To maintain discipline in the House

Speaker maintains discipline in the House. If any member obstructs or tries to obstruct the
proceedings of the House, then the Speaker can either warn him or even ask him to leave the
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House. If the speaker finds anyone violating the discipline, he can disqualify the membership
of that member for a definite period.

To fix agenda of the House

Speaker in consultation with other members, committees and Prime Minister fixes the agenda
of the house. He fixes time for different type of questions.

To give permission for asking Questions

Each member of house can ask different type of questions from ministers, but for this one has
to take approval from the speaker. Speaker takes final decision and allows members to ask
questions.

To conduct the business of the House

Speaker conducts the affairs of the house. He permits members to present Bills, cognizance
motion and stop work motion. He recognizes members in the house, gives permission to
speak in house, fixes time for debate in house, arranges voting on certain matters and declares
result. For using un-Parliamentary languages, he can warn members and such comments can
be deleted by his orders from the record book.

Interpretation of Rules

House is run as per the fixed proceeding norms. In case of any dispute about rules of the
house, then Speaker interprets the rules and implements them. Such implementation by the
Speaker is final and can’t be challenged in any court of law.

To adjourn the House

In case of lack Quorum, in-disciplined behavior of members, and any other objective or due
to any serious issue, speaker can adjourn the house.

Decision about Money Bill

If there is a dispute about whether a bill is Money bill or not, then speaker takes the decision
and his decision is final and can’t be challenged in any court of law.

To give permission for introduction of Bill

To present a bill in the house, speaker permission is required and any member or minister can
do so after taking his approval only.
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To exercise casting vote

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Speaker never partakes in the debate and discussion of the house nor he casts vote on any bill,
but in case of a Tie situation, he can use his Cast vote.

Protection of privileges of the members of the House

There are certain privileges of members, which are safeguarded by the speaker. All the
disputes regarding protection of these privileges are sent to the Privilege Committee and as
per the suggestions and recommendations of the committee; speaker takes decision on the
same. So he is the guardian of privileges of members. He ensures that questions asked by
members are reverted by ministers on time.

Link between President and Parliament

Members of Lok Sabha can approach President through speaker only. Therefore speaker acts
as a link between President and members of house.

Control over visitor’s gallery

Speaker controls the visitors and can order them to be sent out in case they create noise or
found to be doing indecent behavior.

Role regarding Committees of the House

Sufficient work of the house is done by various committees of the house. Speaker plays vital
role in the constitution of these Committees. He is also the head of some committees like
Business Advisory committee, Rule Committee etc.

Administrative Functions

Speaker has lots of administrative responsibilities. He commands final control on Lok Sabha
secretariat. He appoints secretariat staff, fixes their work conditions and monitors them. To
manage the records pertaining to the functioning of the house is also the duty of Speaker.

3.2.5. Position of the Speaker

After analyzing speaker’s powers and functions, we reach to conclusion that he enjoys a
dignified position. Speaker’s responsibility is to manage the affairs of the house such that
Lok Sabha can function smoothly. He works as a representative and leader of the house. He
works as a Neutral Leader. After being elected to this post, he does not resign from his party
membership, but uses his powers neutrally. Neither has he behaves like representing Majority
party worker nor like opposition party worker. He acts as a House member, who is committed
to protect the dignity of the house. First member of the Lok Saba G.V. Mavlankar once said,”
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Though a congressman, it would be my duty and effort to deal with all members and sections
of the house with justice and equality”.
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Speaker protects the privileges of members of the house, like a head of the family protects
interests of its family members. In the words of M.V. Paylee,”speaker is thus the guardian
and custodian of the rights and privileges of the members in their individual capacity or on
the group or party basis”. In short, speaker proudly represents the house by using its powers
and authority to run the house.

All speakers like G.V. Mavlankar, A Iyengar, Sanjeeva Reddy, Gurdayal Singh Dhillon,
Hukam Singh, K.R. Hegde, B.R. Bhagat, Balram Jakhad, Som Nath Chaterjee, Ravi Ray,
Shivraj Patil, P.A. Sangma, Bal yogi, Manohar Joshi etc have worked neutrally and without
bias.At present, Mrs. Meera Kumar is discharging her duties with same neutrality, finesse and
dedication.

But the political Neutrality of the Speaker is only within the house. He continues to be a
member of his political party and takes part in elections after completing his tenure or in the
case of dissolved Lok Sabha. Indian Lok Sabha Speaker unlike British House of Common’s
speaker does not retire from active politics after becoming speaker, rather takes a non
partisan view while discharging the duties of the House.

All the speakers have been working as per the G.P. Mavlankar’s established lines and
traditions of neutralism and non partisan while conducting the house and thus the dignity of
the post of the speaker is still intact. Lok Sabha speaker is neither political like American
speaker nor a retired saint like British Speaker. He works without bias as Leader in house
even after sustaining and strengthening his political relationship outside the house. Even
continuing as a member of his political party, he stays away from party politics.

In 1967 Sanjeeva Reddy distanced himself from his party and in 1969 Gurdayal Singh
Dhillon too did the same. Both the models of speaker of Permanent Neutral speaker of Britain
and Total Political speaker of the America have their own limitations. Indian speaker is a
Middle path and till now this system has worked effectively. In the Indian political system,
the post of speaker has been considered as of high status and dignity.

P.M. Nehru’s words always represent the vital role of speaker: “speaker represents the
house. He represents the pride and independence of the house and since house represents the
nation in a very special way, he becomes a symbol of national liberty and independence.”
This is correct to say that he possesses a dignified post. This post should only be chaired by a
person of independent, meticulous and unbiased personality”. Going by the advice of Nehru,
political parties should try to elect such candidates only for this dignified post.

3.2.6. Powers and functions of the Parliament

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The parliament in India enjoys an important position but not an absolute and supreme power
unlike the United Kingdom. The powers have been limited by the Constitution in India and
hence the parliament exercises the following powers and functions as under:
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Legislative functions

It signifies the system of law making body in parliament. In India, the Constitution has
clearly defines the areas of legislation between the Centre and the State in accordance with
three lists namely the Union List, the State List and the Concurrent List. The parliament is
specifically empowered to legislate in the subjects mentioned in the Union List. The subjects
that are not mentioned in any of the three lists come under the preview of the residuary
powers vested in the hands of the Union government.

As such, the Union and the State government can legislate in the subjects mention in the
Concurrent List but, in case of a conflict between the two, the law of the Union government
prevails. Thus, the Constitution further provides that in case of a disagreement or over-
lapping amongst the three lists, the Union List shall prevail. And with regard to the State List,
the state legislature has the power to make laws over them, but in certain conditions, the
parliament is also empowered to legislate on the subjects mention in the State List.

These conditions of the parliament are as follows:

 If the Rajya Sabha by not less than two-third members present and voting passes a
resolution declaring a subject in the State List as have assumed national importance,
then the parliament can make law on that subject.
 If there is national emergency, the parliament can legislate on the subjects mention in
the State List.
 If two or more State legislature passes a resolution that the parliament should make
law on a subject of the State List, then the parliament can act so. But it is to be noted
that such laws of the parliament shall be applicable only in that particular State.

The parliament under necessary circumstances shall act on the subject of the State List, if the
matter relates to implementations of a treaty, an agreement or a conversation (political
dialogue) with other country, or any decision made at an international conferences or
associations. Thus, it is interesting to note that the powers of the parliament with regard to
law making system is not confined to only Union and Concurrent List but also under certain
conditions it can legislate in the State List.

Control over Executive

In every parliamentary system of government, there is a close relationship between the

legislature and the executive. The executive is usually responsible, accountable and
answerable to the legislature. Thus, the Council of Minister under the leadership of the Prime

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Minister is collectively responsible to the lower house and not to the upper house simply
because by a vote of no confidence, the Lok Sabha can remove the government from power.
It is basically an extreme motion for there are some other ways and means by which the
parliament can exercise its power over the executive.
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These are:

 By asking questions and supplementary questions, the members of the parliament

have the right to seek information on any matter of public importance. However, it is
to be noted that there are certain types of questions which cannot be asked such as
reference to foreign countries and discussions of the Cabinet.
 If any member of the parliament is not satisfied with the answers of the Government,
then a ‘half an hour discussion’ on the particular subject can be demanded.
 Attention and Adjournment motion is another power exercise by the parliament to
control over the executive. It is a way to discuss current matters of public importance
where the parliament can set aside other normal business.

Financial powers

The parliament has been vested with complete control over the Finances of the Union
government. No expenditure can be incurred or taxes levied without the approval of the
parliament. Though the budget is formally prepared by the executive, the power to sanction
the same rests with the Parliament. It may be noted that in the financial sphere the Lok Sabha
has been accorded with superior position. The Constitution specifically provides that a money
bill cannot be introduced in the Rajya Sabha.

After it is passed by the Lok Sabha, it is transmitted to the Rajya Sabha for its
recommendations. The Rajya Sabha is obliged to return the bill to the Lok Sabha within (14)
fourteen days of the receipt of the bill along with its recommendations. It is up to the Lok
Sabha to accept those recommendations or not. If the Lok Sabha accepts the
recommendations of the Rajya Sabha, the money bill is deemed to have passed by both the
Houses with the amendments recommended by the Rajya Sabha and accepted by the Lok
Sabha.

However, if the Lok Sabha does not accept any of the recommendations of the Rajya Sabha,
the bill is deemed to have been passed by both the Houses in the form in which it was passed
by the Lok Sabha without any of the amendments recommended by the Rajya Sabha. In case
of the Rajya Sabha failing to return the money bill transmitted to it by the Lok Sabha with its
recommendations within (14) fourteen days, it is deemed to have been passed by both the
Houses at the expiration of the stipulated period in the form in which it was passed by the
Lok Sabha. It is thus evident that in the financial sphere the Rajya Sabha stands at a lower
pedestal.

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It can, at the most, delay the passage of a Money Bill for a maximum period of fourteen (14)
days. It has rightly been said that the Rajya Sabha can only touch the purse strings of the
nation; it can neither widen its opening nor block the flow from it. The parliament also keeps
an eye on the expenditure of the Government through its committees like the Public Accounts
Committee and Estimates Committee.
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Electoral functions

It means that the parliament elects the President and the vice president of the country through
an Electoral College consisting of the elected members of both the Houses of Parliament, the
elected members of the State Legislative Assemblies and the elected members of the
Legislative Assemblies of the Union Territories of Delhi and Puduchery.

Judicial functions

It implies that the parliament can exercise certain judicial functions such as impeachment of
the President, the Vice president, the Chief Justice and Judges of the Supreme Court and the
High Courts.

Amending powers

The parliament of India has been vested with extensive powers to amend the Constitution
leaving apart certain provisions of the Constitution concerning the federal character, powers
of the Union and State Government, the Election of the President, the Supreme Court, the
High Courts and the representation of state in Parliament. The parliament can amend the
Constitution either by a simple majority or by a two-third majority of its members present
and voting. Further all the amendments can be initiated only in the parliament and the state
do not possess any powers in this regard.

Miscellaneous powers

Apart from all those powers and functions of the parliament, it also enjoys some other powers
which could be mentioned below: The parliament approves the proclamation of emergency in
the country. It is usually granted by a majority of the total membership of both the Houses
and two-third majority from those who are present and voting.

 The Lok Sabha can disapprove the continuation of emergency by a simple majority.
 The Parliament can admit new state or establish a new state into the India Union.
 It may increase the functions of the Union Public Service Commission.
 It may abolish or create the upper house of the state legislatures.

Finally, it has an important duty to address the grievances of its citizens. That is why the
Indian citizens have a right to present petitions to the Parliament.

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3.2.7. Role of the Parliament

It is without a doubt to say that the parliament does not usually perform all those functions
and powers that are assigned to it by the Constitution. And so, in a democracy, parliament is
regarded as the most crucial point of observation. Therefore, its role in the Indian political
system can be summarized as follows:
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Representative role

The parliament represents the different sections and regions of the country. It is a body where
people find the expression of their difficulty, urges and aspiration. Since it represents the
whole country, a variety of conflicts and disputes are expressed and settle for the betterment
of the society. It then leads to its national integration and gives legitimacy of our political
system.

Educative role

It means to say that the parliament provides political education to its people for its mass
participation in any election. Universal Adult Franchise is regarded as its best weapon to
educate the electorates regarding the concept and ideology of democracy. But when it was
first introduced in free and independent India, many held the view that this system will not
work effectively as majority of the people were illiterate and also the condition of the women
was backward. But the successful achievement of the first Lok Sabha election refutes such
thoughts where the women outnumbered the men in participation in the election.

Thus, the electoral process, the working of the parliament and other aspects of democracy
have educated the people to become politically conscious and also to asses and understand
the performance of the political parties and leadership.

An outlet forum

It means that the parliament provides for a forum where its people can make an appeal and
express their grievances. As such, the members of the parliament raise these issues of the
people in the parliament. In India, the parliament has always been responsive and quick to
react, meeting the needs and aspirations of its people. It then puts the government on its toes
and hence we get a responsible government.

Check on the executive

It is to say that the parliament in India has control over its executive. It is based on the
constitutional provisions of collective responsibilities of the Executive to the Lower House
and the Parliament’s control over the budget. It is political in nature that the parliament
exercises such authority and so it is to be noted that no government, can behave in a
tyrannical manner even if it secures an absolute majority in the parliament. The opposition

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has the right to criticize the ruling government and thus it is the duty of the government to
respect and honor those criticisms.

Protector of the democratic system

It means to say that the parliament in India is a forum of expression which helps the people to
find solution and settlement. Since India is a land of diversities, tensions and disputes tends to
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broke out amongst any section or class. And so, by providing a political platform the
parliament has secured its position as the lawful arena of power struggle. It is indeed in the
floor of the House that certain delicate issues are solved. And thus, the Indian parliament not
only helps in protecting the democratic system, but also ensures its continuity and
strengthening the system.

Recruitment role

It means that the parliament is regarded as the recruiting ground for political leadership of the
country. The members of the parliament usually obtain substantial experience in different
fields while serving in different departments and committees. Thus, the Prime minister
generally, chooses his council of minister which is regarded as a means to keep up the
continuity of leadership.

Parliament as a channel of communication

It means that the parliament is a bridge between the Government and its people. It is only
through the parliament that the Government is able to identify the dreams and aspirations of
its people and accordingly the people are communicated with regard to certain problems
faced by the Government. As such, the government is able to spread awareness about the
economic and social problems and allows the people to keep a close watch on their activities.

It is interesting to note here that if the government fails to perform effectively then the
people’s consent in the next election may not favor them. And thus, the parliament by acting
as a channel of communication between the government and its people creates a feeling
which ultimately strengthens the Indian democratic process.

Parliament as an agent of socio-economic development

It means that since we live in a welfare state it should be free from social evils and economic
disparity. Here the parliament plays an important role by reforming our social structures
which have been out dated. The parliament is also dedicated and devoted to get rid of social
evils in our society which has been the main obstacle for its growth and development.

As such, from the time we adopt the Constitution and till today, we have seen and observed a
large number of social reform passed by the parliament such as laws providing for special
consideration and benefits to Scheduled castes, scheduled tribes and other backward classes.
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Besides, a number of legislation has also been passed to uplift the status of women, social
security, minimum wages and old age pension. In addition, the parliament in India was
suppose to be a body occupying a pre-eminent and central position representing and
summarizing the sovereign will of the people.

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In the words of Pt. Jawaharalal Nehru, “the parliament was to be the supreme temple of
democracy and freedom, an institution of great importance in our national life, the only
guarantee against tyranny and bad administration”.

3.2.8. Unitary character of the Indian political system

The Indian Constitution has fulfilled all the essential qualification of a classical federation but
right from the inception, its federal nature has always been questioned from different
quarters. Some of its prominent characters in Indian Constitution can be summarized as
follows:

Article 1 of the Indian constitution declares that, “India that is Bharat shall be a Union of
States”. As such, the Constitution does not declare itself as a federation and so the term has
not been used anywhere in the Constitution. But the term “Union of States” has been justified
by the framers of our Constitution.

In the words of Dr. Ambedkar, India has been referred as a Union of States simply to indicate
two things with certain advantages. These advantages were pointed out as, Indian federation
is not the outcome of an agreement by the States and that no States has the right to secede it.

Federation is a union because it is indestructible, thought the country and her people may be
divided into different states and regions for administration convenience but, the country is
one integral whole, its people a single people living under single imperia derived from a
single source.

Article 3 of the Constitution empowers the Union Government to change by law the
territories, areas and boundaries of the States. The only limitation is that the Union
governments has to console the will of the affected State’s legislatures but are not binding on
the parliament. Thus, the Constitution does not guarantee the continued existence of a State.

A federation implies the equality of states by their equal representation in the upper house of
the federal legislature. For instance, every state in USA sends two representatives,
irrespective of their size or population to the senate. However, in India the states do not enjoy
equality of representation in the Rajya Sabha. The seats in Rajya Sabha are allocated to every
state in proportion to their population and as fixed by the Constitution.

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The division of powers between the Union and the States is not justified from the states point
of view. The Union List, over which the Union government has exclusive jurisdiction, is
regarded as the largest list with 100 subjects. The State List has only 61 subjects to their
jurisdiction and the Concurrent List with 52 subjects gives power to both the Union and the
States to legislate, but the superiority of the Union has been guarantee by the Constitution. In
case of a conflict between the two Governments over a subject in the Concurrent List, the
Union Law prevails.
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The power to Amendment the Constitution has been vested in the hands of the Union
parliament and hence, no states can initiate it. The two Houses have to pass a resolution with
two-third majority in each House present and voting, it shall also require to be ratified by the
Legislatures of not less than one-half of the States by resolutions. A federal Constitution
usually provides for double citizenship but, the India Constitution provides for a single
uniform citizenship to all the citizens irrespective of their domiciles.

The Constitution states that the State Governors shall be appointed by the President and shall
hold office during his/her pleasure, making the Governors a central representative in the
State. And thus, enables the centre to control the administration of the States which in the
opinion of the critics is contrary to the spirit of a true federation.

Unlike the federal countries like USA, where every state has its own Constitution, the Indian
states do not have the right to frame their own Constitution. The Constitution in India is a
single unified common rule book for the Union as well as for the States except for the States
of Jammu and Kashmir which has framed its own Constitution.

A federal principle envisages for a dual sets of courts in the country where one set is usually
maintained by the States and the other by the federal government. But in India we have a
unified Judiciary with Supreme Court at the apex and High Courts in every State. There are
two sets of laws but a single Civil and Criminal codes for the entire country.

The provisions of common All India Services like the IAS, IPS and IFS for the Union as well
as for the States. These feature points towards a unitary system rather than a federal system
simply because they are appointed by and are responsible to the Union Government. They
usually occupy certain key administrative positions in the State as well as in the Union
administration.

Article 356 of the Constitution also reflects the Unitarian feature in India. Under this article,
the President can declare a national emergency due to external aggression or war or armed
rebellion. And hence, when such an emergency is proclaimed, the Constitution becomes a
unitary Constitution simply because all the administration of the state comes directly under
the supervision of the president.

3.2.9. Summary

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Every state in Indian union has been assigned with certain executive duties in compliance to
the union laws. As such, in order to ensure that those executive powers of the states do not
obstruct or interfere in matters of union’s executive power, the union government can issue
necessary directions to the states. The unequal distribution of financial resources between the
state and the union government adds more advantages to the Union as the state have to
depend upon the union for any financial assistance. It then weakens the very position of the
states as a federating unit.
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The provision of the Constitution for a planning commission as a Central Agency headed by
Prime Minister very often erodes away the little autonomy of the states. It is due to the fact
that those states that are financially weak had to depend upon the Union for developmental
programs and scheme. Thus, not only in terms of financial aspects but also in the legislative
and executive spheres, the Union has become more powerful at the expense of the states. The
actual operation of the Indian political system has been more unitary than Federal in many
occasions.

For instance, till 1967 the political system in India was dominated by the dynamic and
charismatic leadership of Pt. Nehru and the Congress party. This party dominated at the
centre as well as in almost all the states. The Congress high command was believed to be a
powerful institution which controlled the state governments. But when the Congress party’s
influence came to an end in 1967, the government at the centre has misused the Article 356 in
many occasions so as to strangle the democratic institution in the states for political gains.

In addition, all these features have definitely leads to the conclusion that India is not a truly
federal system. It has strong unitary tendencies not only during the Emergency times but also
during the Normal times as well. And consequently it has further consolidated as a result of
the working of the Indian Constitution during the past 63 years.

3.3.1. Tension areas between the Centre and the State

Introduction

The 4th General election was a turning point in Indian political system with the coming into
power of non-Congress governments in many of the states as well as with the Congress
government at the centre being reduced to a simple majority. Before, union-state conflicts
were a matter of internal problem of the Congress party and usually resolved within the party
jurisdiction. But, after the 4th General election, tensions between the Centre and the State has
become a characteristic feature of the transition from the stage of one party dominance to the
present day situation of competitive politics amongst the multiple political party. Thus, the
major areas of tension between the Centre and the State could be pointed out as follows:

Role of the Governor

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The Governor of a state is not elected but is appointed by the President of India on the advice
of the Central government for a term of 5 years. The Governor holds office at the pleasure of
the President, which is to say that he can be recalled at any time. The power of the Central
government to appoint and dismissed the Governor as well as the discretionary powers of the
Governor in certain areas, particularly on matters of reporting to the President regarding the
conditions of the state affairs which may lead to removal of the state government have given
rise to serious argumentative on his role and position.

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Basically, the issue of conflicts between the State and the Centre has been categories into four
fold namely, the appointment of the Governor, the relationship of the Governor with the
Centre, the appointment and dismissal by the Governor of a Chief Minister in the State
concerned and the consent by the Governor to the laws passed by the State Legislature.

Thus, the beginning of tension between the Centre and the State is that the Governor, as an
appointee of the President, has become a chief instrument of the Centre in the State to
recapture power for itself. At present, the Governor is generally regarded as an employee or
agent or spy of the Central government. It is due to the fact that many of those who occupy
this dignified office have no clear conception as to their actual role in administration.

For instance, the office of the Governor, during the 70’s and 80’s in particular, was used to
topple down the non-Congress ministers in the States. Even while the role of the Governor
has attracted more attention since 1967, the intention was made clear as early as 1953, when
Gian Singh Rarewal led coalition minister in Patiala and East Punjab States Union (PEPSU),
he was dismissed on the ground of law and order situation. Again in 1959, when
Namboodiripad led Communist government, he too was removed from power in spite of
enjoying majority support in the Kerala State Assembly.

Thereafter, it has been misused in many occasions for more than hundred times in various
Indian states and thus, has been regarded as one of the most contentious issue with regard to
Centre-state relations. However, in order to make sure that the Governor acts in accordance to
the Central government, the method of appointing the Governor after consultation with State
Chief Minister was relegated during the time of Mrs. Indira Gandhi.

As such, Mr. Rajiv Gandhi and Mr. P.V. Narasimha Rao have followed the same trends with
addition to the practice of dismissing the Governors for partisan reasons have also been
adhered. Today, there has been certain pressure for following the tradition of consulting the
Chief Minister of the State concerned before appointing the Governor of that particular State.
Besides, it has also been observed the interference of the Governor in the internal affairs of
the state as a part of exercising their discretionary powers.

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For instance, the attitude of Ms. Kumudben Joshi towards the Telugu Desham party
government in Andhra Pradesh during the 1980’s for removing some appointments and
deletion from the state cabinet. Similarly, the Governor of Tamil Naidu during 1992-95
functioned as if he was an alternative centre for power as well as the Uttar Pradesh Governor,
Mr. Ramesh Bhandari during 1997-98. And so, such interference by the Governors in the
internal affairs of the State government and misused of their powers for partisan reasons has
given rise to a feeling of insecurity amongst the States.

Thus, the States demanded for settling the issue of appointment and dismissal of the
Governor by themselves that is to say the Governor were to be compelled to act on the advice
of the Council of Ministers and also a definite code for exercising their power.
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Unfortunately, the National Front Government under Mr. V.P. Singh, which was supposed to
renew the federal process, has embarked on a new method. Thus, in 1990, the then President
of India asked 18 Governors to resign in order to make an easy reshuffle by the Central
government as they were holdovers from Rajiv Gandhi’s government. While it can be
understood regarding the action taken by the new government and even perhaps justified its
action in political terms, the practice in effect has made the office of the Governor a spoil
position.

If the new government has removed the politically corrupt Governors and appointed a
political personality or if they have followed the Sarkaria Commission’s recommendation
that a governor should not belong to the same party in power at the Centre, they would have
started a healthy convention. But unfortunately, even today the role of the Governors still
remains a major irritant in Centre-State relations.

President’s rule under Article 356

Article 356 of the Indian Constitution is regarded as the most controversial article as it
provides the provision for State emergency or President’s rule in the States. According to this
article, if the President receives any report from the Governor stating that the particular State
cannot be carried on or functioned in accordance with the constitution, then he/she will
declare a President’s Rule in that State.

In the Constituent assembly, Dr. Ambedkar has made it very clear that Article 356 would be
applied as a means of last resort for law and order situation in the States. Unfortunately, it did
not happen but rather misinterpreted in many occasions. Moreover, it has been misused as a
coercive weapon to remove or not to allow the opposition party to form the government.

Thus, the most deliberated misuse of Article 356 took place in the Kerala Assembly in 1959,
where the Communist government was removed from power despite enjoying the majority
support. Besides, in 1969 it was imposed in Rajasthan in order to prevent the non-Congress
parties to form the government and also in West Bengal, in 1968, the then Governor

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dismissed the leftist parties’ coalition simply on the ground that it refused to accept his advice
to call the session of the Assembly and to seek for a vote of confidence.

Similarly, in Haryana the President’s Rule was imposed in the year 1967, without giving a
chance to the ministry to prove its majority. In 1971, it was again imposed in Odisha (Orissa)
simply because the Congress government lost its majority support and the opposition party
was not allowed to form the government. The DMK ministry in Tamil Naidu was also
dismissed from the office principally on the ground that it indulged in corruption and
President’s Rule was invoked in the State. However, in most of the cases the Article 356 was
invoked despite to the fact that there was no grave law and order situation and also no
breakdown of Constitutional machinery. It became more evident when the Congress was
heavily defeated during the 1977 General Election at the hands of the Janata party.
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And when the Janata Government came to power at the centre, it then dismissed nine
Congress ministers and imposed President’s Rule in all the nine states simply on the ground
that these ministers did not reflect the wishes of the people. And when the Congress came to
power, it also repeated the same performance in nine states governed by the Janata party. It is
interesting to point out in this connection that all the political parties have misused the Article
356. When in power at the centre, these political parties have supported its invocation on
different conditions but, when in opposition, they have criticized it as anti-federal and anti-
democratic measures.

Maintenance of law and order in the States

The Constitution states that the State government would be responsible for the maintenance
of law and order as well as for the protection of Central Government’s property located in the
States. However, there is a general argument amongst the States that the Central Government
has been encroaching upon this state subject. The Centre has done this by deploying of Para-
military forces like the Border Security Forces, Central Industrial Security Forces and the
Central Reserved Police Forces.

In 1968, the central has dispatched the CRPF to Kerala and West Bengal without consulting
the State Governments. In both the cases, the State Governments has objected the Central
Government’s act but was justified that the Central Government has the right to deploy Para-
military forces in the States in case there is any sign of danger to its property and that the
State Government is unable to protect the same. Thus, in recent years due to increasing rate in
militant movements in various parts of the country, the States have become more dependent
on Central Para-military forces as they are unable to cope as well as tackle the situation by
themselves.

Encroachment by the Centre on the State List

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Another area of tension between the Centre and the States has been the encroachment by the
Centre upon the State list under part VII Schedule of the Constitution. It is to be noted here
that the Centre has monopolized the control of Industries, trade-commerce and production
and distribution of goods which were under the State list.

Besides, certain essential items such as rice, sugar, wheat and kerosene have been brought
under the Central control for mere political mileage. Moreover, subjects like Education and
Forest have been transferred to the Concurrent list from the State list where the Centre has
more supremacy than the State. In fact, States has very often questioned the Centre over the
distribution of powers between the Centre and the State and as such demanded for more
autonomy with regard to legislative powers.

Reservation of Bills by the Governor

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The power of the Governor to reserve certain bills for the consideration by the President has
been another area of tension between the Centre and the States. It has been more evident
especially in the case where the Governor has reserved a Bill against the advice of the State
Council of Ministers simply under the direction of the Central government. The primary
objective of this provision as according to the Articles 200 and 201 is that the Union will
keep watch over the activity of the States. But unfortunately, the Governors have misused
these articles and very often been used to serve the interest of the ruling party at the Centre
which has lead to a great deal of controversy.

Thus, the States ruled by the opposition party have time and again raised objection regarding
the misuse of these two articles. And so the BJP in its memorandum has submitted to the
Sarkaria Commission stating that the bills have been reserved by the Governor for
consideration so as to create more autonomy of the Centre over the State governments.
Consequently, the Commission has so far suggested that the Articles 200 and 201 be deleted
from the constitution.

And if by any reasons it cannot be deleted, than the States suggested that a constitutional
amendment should be made indicating specific rule for the Governors that they cannot act on
their own discretionary but under the advice of the State Council of Ministers. Interestingly,
in 1983, all the opposition parties have demanded that the legislature should enact such laws
on the subjects pertaining to which they could constitutionally exercise their executive
responsibility without seeking the approval or assent of the President.

Financial matters

It has been regarded as one of the most controversial matters between the Centre and the
States. The demand of the States for greater financial autonomy has become the most debated

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issues of Indian federalism. And thus, the Constitution has clearly laid down the distribution
of financial resources between the Centre and the States, these are:

 Certain taxes are imposed by the Centre but are collected and appropriated by the
States.
 Some taxes are imposed and collected by the Centre and are assigned to the States.
 Certain taxes are levied and collected by the Centre but are distributed between the
Centre and the States.
 The Centre may give grants-in-aid to the States.

Besides, the Constitution also provides for the appointment of a Finance Commission after
every fifth years in order to make recommendations regarding the division of the returns of
the taxes which are to be distributed between the Centre and the States and also to allocate
the respective shares to the States.

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However, from the State’s point of view, it has been regarded as ineffective and irrational
simply because the States argues that the Centre had not shared the taxes with them as
according to the constitutional provisions. They also claim that they had to perform the ever
widening function in education, rural development, public health, industries and social
services but, appropriate finances were not transferred to them from the Centre.

At present, the system of allocations of funds has been unjust and unfair, whereas the rich
States are provided with more funds and the poor States with fewer funds has resulted in an
ever widening gap. Besides, Article 281 of the Constitution provides for grants-in-aid to the
States on its own discretion for undertaking certain developmental schemes and programs.
Unfortunately, it is also to be noted that the Centre has adopted a discriminatory attitude
based on political favor in the allocation of funds.

In addition, the role of the Planning Commission has become a matter of controversy simply
because it is suppose to cover all the financial transfers from the Centre to the State but,
during the recent years it has been observed that under the political influence, the
Commission has discriminated the States in the distribution of certain financial resources.

3.3.2. Recommendations of the Sarkaria Commission (1983 – 88)

Looking at increasing demand of autonomy and to analyze centre-state relations, government

appointed Sarkaria Commission in 1983. Shri R.S. Sarkaria (retried) was appointed
chairman of this commission and B. Shivaraman (cabinet secretary), S.R. Sen (IBRD, ex
executive director) and Ramasubramanyam (member secretary) were its nominated
members. Objective of Sarkaria commission was to analyze and test available provisions in

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the areas of powers, works and all areas of responsibility between centre and state and to
recommend such changes or proposals, which are appropriate and necessary.

It was expected from commission that it shall take in to consideration work done for years of
social and economical development and shall respect fundamental structure of constitution,
which was formed with great effort for the protection of national liberty, integrity and unity
and public welfare.

Report of Sarkaria Commission

Sarkaria commission as per given directions, prepared and handed over its report to union
government on October, 1987 after analyzing all aspects of centre-state relationship. Its main
recommendations were known only in January, 1988. Its main recommendations were as
following:

Strong Centre should continue

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Sarkaria commission advocated existence of strong centre. It rejected the demand of rejection
in centre’s powers in the wake of national unity and integrity. “We absolutely need to have a
strong centre and there is no doubt about it. Without that, everything will wither away”.
Commission was not in favor of effecting serious changes in the constitution. It accepted that
constitution has worked perfectly in tough conditions under pressure of diverse society and
adverse conditions. But it also accepted the importance of stopping unnecessary extension of
centralism.

Rejection of demand for transfer of some subjects of State List to Concurrent List

Commission rejected the demand of transferring some subjects from state to concurrent list.
On the other hand, it said that centre should consult states on concurrent subjects.
Commission was not in favor of putting a ban on centre’s power to deploy armed forces in
states, but rather was in favor of having pre-hand discussion with states and centre on such
issue.

Support for Co-operative Federalism

Report supported the need of having co-operative environment between centre and states.
Commission wanted to end long running dispute between centre-state relations. It could have
been possible only by continuous consultations between centre-state and by no direct and self
decision by centre. Commission also wanted to have co-operation between centre-states in
making and implementing plans. Commission was critical of that style, by which past
government had played with democratic features and traditions and many times, gave

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superior space to their conservatism rather than to intelligence. Short term gains were given
importance over long term gains.

Recommendation regarding Post of Governor

Report rejected the demand of abolishment of governor post. It also rejected the idea of
electing governor from the list of names as given by states. In its views, active members of
political parties should not be made governor. In case of different leadership at centre and
state, governor should not come from ruling party at centre. Beside, governor should not be
allowed to work on any post of profit, post retirement.

Recommendation regarding issue of Appointment of Chief Minister

As per Sarkaria report, leader of party in Vidhan Sabha with complete majority should be
made Chief Minister. In case of no one with complete majority, governor should offer that
leader the post of chief minister, who can be able to get majority in Vidhan Sabha. In such
cases, he should be able to prove majority within 30 days.

Recommendation regarding Session of State Legislature

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Generally, governor should only call for session as per recommendation from state
government but under special conditions; he can call special session with his discretion also.

Changes in Financial Schemes

As per report, commission was not in favor of big changes in financial resources division, as
set by constitution but was in favor of bringing improvements in participation for in-
corporation Tax, Batch Tax and Advertising and Broadcasting Tax.

Recommendation regarding Article 356

As per Sarkaria report, demand for abolition of article 356, which provides for president rule
in state in case of failure of constitutional machinery. But at the same time, following steps
should be taken to control its misuse by central government.

 Use of Article 356 should be restricted.

 Reasons of president rule during emergency should be mentioned along with
declaration of emergency.
 Rajya Sabha should not be adjourned or dissolved till the time parliament accepts
emergency declaration.
 Before declaring emergency, centre should evaluate all possibilities of forming
alternate government as per article 356.

Three language formulas preferred

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As per Sarkaria commission, three language formulas was favored in entire India. As per it,
efforts should be taken to make Linguistic Minorities Commission more active.

Existence of All India Service should continue

Report rejected the demand of abolition of all India service on the ground that it shall damage
national integrity and unity.

Autonomy of Mass Media

The report suggests reduction in central control over media; TV and Radio and efforts should
be made to ensure government to have more decentralization. They should use composed
common dictionary with mixing of normal Indian and regional language words.

Miscellaneous Recommendation

There were some more recommendations as below:

 It recommended transfers of Judges should happen with his consent only.

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 No Investigation commission against Chief Minister or any Ex Minister of the State

should be constituted, till the time both houses of parliament demand it.
 No Investigation commission against any State Minister should be constituted till the
time; such proposal is not approved by Interstate Council.

These are the main features of Sarkaria commission report presented to government of India.
Government of India is yet to act on this report. Non Congress leaders rejected this report in a
meeting in January, 1988 held at Delhi. Regional parties too rejected this report, as it failed to
fulfill their demand of full autonomy.

3.3.3. Summary

In addition, the factors responsible for conflicts between the Centre and the State are usually
political motivated. There is no doubt that the Constitution has provided for a federal system
of government with an exceptionally strong Centre, the States tends to be apprehensive and
distrustful with the policies and plans of the Centre. Besides, the partisan attitude adopted by
the Centre towards the States has also been responsible for tension between the two.

And the difference in ideology between the party in power at the Centre and the party in
power at the States has been also responsible for the conflict between the Centre and the
State. However, the best suggestive ways to avoid any confrontation between the Centre and
the State is, on the part of the Centre, to show a spirit of accommodation, understanding and
imagination and also it should give to the States an adequate fund without any discrimination.

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3.4. Judiciary and Judicial review

3.4.1. Composition and function of the Indian Supreme Court

The Constitution of India establishes a federal form of government where the powers are
divided between the Union and the State government. As such, both these sets of government
work within their allotted sphere but there is always a possibility of a conflict between the
two sets of government regarding their respective powers.

Hence, in a federation an independent and impartial judiciary is inevitable to decide the

dispute between the different units and also to interpret the ambiguous clauses of the
Constitution. In India, the Supreme Court has been vested with these important tasks. But
unlike the Constitution of America, the Indian Constitution does not provide for a double set
of courts. In India there is a single integrated system of courts with the Supreme Court at the
apex.

Composition

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Article 124 of the Indian Constitution provides the provision for the establishment of the
Supreme Court in India. As such, when the Constitution was adopted in 1950, it had only
seven judges. The parliament is authorized to reduce or increase the number of judges. In
1956 it was raised to ten excluding the Chief Justice and in 1960, the number was raised to
fourteen including the Chief Justice. Subsequently, the strength was increased to eighteen in
1977 and twenty-six in 1986. Presently, the Supreme Court consists of a Chief Justice and 30
other judges.

Qualifications

The constitution under article 124 (3) provides for the following qualifications for a person to
be appointed as a judge of the Supreme Court:

 He/ She must be a citizen of India.

 He/ She should have the experience of at least five years as a judge of a High Court or
of two or more such Courts in succession.
 He/ She must have been for at least ten years an advocate of a High Court or of two or
more such courts in succession.
 He/ She must be in the opinion of the President of India an eminent jurist.

Appointments

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The judges of the Supreme Court are appointed by the President of India. Before appointing a
person as a judge, the President always consults the Chief Justice of India and such other
judges of the Supreme Court and of the High Court as he may deem necessary. But in case of
the Chief justice, the Constitution does not spell out the method of appointment. However, a
convention has developed according to which the senior most judges of the Supreme Court
are appointed as Chief Justice. This convention was broken in few cases. But it was again
resumed and has been followed till date.

In addition, the Constitution also provides for an acting Chief Justice when the office of the
Chief Justice falls vacant or is unable to perform his duties due to absence or otherwise. The
Constitution also provides for the appointment of ad-hoc judges. If at any time the quorum of
the judges to hold or continue any session was not available, the Chief Justice with the
previous consent of the President of India appoints ad-hoc judges.

These judges are to be from the judges of the High Courts who are qualified to become a
judge of the Supreme Court. Before appointing the ad-hoc judges, the Chief Justice of the
Supreme Court has to consult the Chief Justice of the High Court to which the concerned
judges belongs. Moreover, the Chief Justice with the previous consent of the President may
request the retired judges of the Supreme Court to sit and act as a judge of the Supreme
Court.
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Tenure

The constitution has not fixed the tenure of a judge of the Supreme Court but makes the
following provisions:

 Holds the office until he attains the age of 65 years.

 Resign his office by writing to the president.
 Removed from his office by the President on the recommendation of the Parliament.

Removal

Under article 124 of the Indian constitution, a Judge of the Supreme Court shall not be
removed from his office except by an order of the President passed after an address by each
House of the Parliament by a majority of not less than two-third members present and voting
and an absolute majority of the total membership of each House.

In addition, Article 124 (5) of the Indian Constitution also states that, the Parliament may
regulate by law of the procedure relating to the removal of a judge of the Supreme Court.
Thus, the parliament has provided the procedure for the removal of a judge of the Supreme
Court by an Act known as the Judges Enquiry Act – 1968.

Quorum

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Article 143 of the Indian Constitution provides that the Quorum of judges to hear the case
which is of a substantial question of law as to the interpretation of the Constitution is five.
For the rest of the cases, there is no fixed quorum by the Constitution. The Supreme Court,
with the approval of the President, makes rules for regulating the practice and procedure of
the Court. In some of the cases even a single judge bench can decide a case.

Seat of the Supreme Court

Under article 130, the Constitution declares Delhi as the seat of the Supreme Court. But, it
authorizes the Chief Justice of India to appoint any other place or places as the seat of the
Supreme Court with the prior approval of the President of India.

3.4.2. Independence of the Supreme Court

The framers of the Indian constitution were quite conscious that only an impartial and
independent judiciary could ensure the constitutional government in the country and protect
the rights of the citizens without fear and favor. Therefore, they incorporated number of
provisions in the constitution to ensure the independence of the Supreme Court. Under the
Constitution of India the judges of the Supreme Court are appointed by the President of India.
However, the framers of the Constitution sought to limit the discretion of the President by
laying down certain minimum qualifications for persons eligible to hold office as judge.
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The qualifications are such that only qualified and able persons are able to reach this position.
It may be noted that under the America Constitution, the Constitution does not lay down any
qualification in the matter of their appointment. The judges of the Supreme Court have been
assured security of tenure. They are appointed for life and hold office till they attain the age
of sixty-five years. They can be removed from their office earlier only on grounds of proved
misbehavior or incapacity. The procedure for their removal from office is also quite
complicated.

A judge can be removed from his office only if each House of Parliament passes a resolution
supported by two-thirds of the members present and voting, which should also constitute the
majority of the total membership of the House, on the grounds of proved misbehavior or
incapacity. Such a resolution is presented to the president in the same session and he can take
necessary action for the removal of the judges. This is obvious from the procedure for
removal of judges that it is well rib and impossible to remove a judge. So far not even a
single judge of the Supreme Court has been removed in this manner.

The Constitution has fixed the salaries and allowances of the judges of the Supreme Court.
The salaries and service conditions of the judges cannot be changed to their disadvantage
during their tenure of office. Only during the times of the Financial Emergency under article
360, the salaries and allowance of the Supreme Court judges can be curtailed. So far no such
occasion has arisen.

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The salaries and allowances of the judges of the Supreme Court as well as other expenses for
the administration of the Supreme Court are charged on the Consolidated Fund of India and
are not subject to the annual vote of the parliament. The parliament can discuss these
expenses but has no authority to refuse them. However, the parliament has the right to
increase the salaries and allowances of the judges.

The powers and jurisdiction of the Supreme Court has been laid down in the Constitution.
The parliament has been given the authority to change the pecuniary limits for appeals to the
Supreme Court in civil cases, enhance its appellate jurisdiction, or confer supplementary
powers to enable it to work more effectively. However, the parliament cannot curtail the
jurisdiction or powers of the Supreme Court.

To ensure the independence of judges, the Constitution prohibits practice by the retired
judges before any court of law in India. However, this does not prevent them from taking
specialized form of work under the government. This arrangement has not found approval of
the Law Commission, which has found a serious danger to judicial independence in this
arrangement.

In addition, Article 121 of the Constitution defines that no discussion should take place with
respect to conduct of any judge while discharging his duties. In such case the Supreme Court
can penalize the criminal according to its contempt power.
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The Supreme Court is also completely free in the matter of recruitment of its administrative
staff. It determines the service conditions of its staff without any interference from outside
authority. All the actions and decisions of the judges are immune from criticism. No motives
can be imputed to the judges and even the parliament is not permitted to discuss the conduct
of the judges in the discharge of their duties. The court also enjoys the power to initiate
contempt proceedings against a person who imputes motives to the judges for the discharge
of their official duties. This greatly contributes to the maintenance of impartiality and
independence of the judiciary.

The Supreme Court also enjoys a vast jurisdiction. It acts as the guardian and interpreter of
the Constitution, the protector of fundamental rights and the arbiter between the centre and
the state. It has the power to determine the constitutional validity of laws as well as executive
orders. Its decisions are binding upon all. Such a powerful position helps the judiciary to
maintain its independence.

Thus, all these provisions were, as Dr. Ambedkar observed, intended to secure the
independence and impartiality of the Supreme Court, so that it could function without fear or
favor of the legislation, executive, bureaucracy or any other authority.

3.4.3. Jurisdiction of the Supreme Court or Powers and functions of the Supreme Court

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The Supreme Court of India enjoys three types of jurisdictions which may be conveniently
studied under the following headings:

Original Jurisdiction

The original jurisdiction of the Supreme Court extends to all those cases which can originate
only in the Supreme Court. Article 131 of the Constitution includes these disputes such as
between the Government of India and one or more States, between the Government of India
and any State or States on the one side and one or more other States on the other or between
two or more States. Consequently, it may be observed that the disputes involving such parties
are brought before the Supreme Court only if a question of law or fact is involved. Even the
cases involving disputes over the enforcement of Fundamental Rights fall within the original
jurisdiction of the Supreme Court.

The Supreme Court is authorized to issue directions, orders, or writs for the enforcement of
these rights. However, the Supreme Court does not enjoy any original power with regard to
disputes arising out of any treaty, agreement, covenant, Finance Commission under article
280 and adjustment of expenses between the Union and States under article 290.

Appellate jurisdiction

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The appellate jurisdiction of the Supreme Court extends to those cases which are brought
before it in the shape of appeal against the judgment of lower courts. The Supreme Court is
the highest court of appeal in India and hears appeals against the judgment of the High Courts
of States in both civil and criminal cases. Such a case can be brought before the Supreme
Court only if the High Court certifies under article 134A that the case involves a substantial
question of law as to the interpretation of the Constitution. As such, altogether three kinds of
appeal can be made in the Supreme Court against the decisions of the High Court. These are
in civil cases, Criminal cases and Constitutional cases.

Civil cases

In the sphere of civil cases, an appeal can be made in the Supreme Court against the judgment
of the High Court, if the High Court certifies that the case involves a substantial question of
law of general importance and that in its opinion the said question needs to be decided by the
Supreme Court. Thus, before the 30th Amendment Act of 1972, an appeal in civil cases can be
made only in respect of those cases which involved a sum of Rs. 20,000 or more. However,
the 30th Constitutional Amendment has removed the condition of Rs. 20,000 which means
that irrespective of the monetary value, any case can be brought before the Supreme Court.

Criminal cases

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Article 134 of the Constitution states that an appeal shall lie to the Supreme Court against
any judgment, final order or sentence given by the High Court if, the High court has reversed
an order of acquittal of an accused and sentence him to death, the High Court has withdrawn
for trial before itself any case from any court subordinate to its authority and has in such
trial awarded death sentence to the accused and the High Court certifies that the case is a fit
one for appeal in the Supreme Court.

Constitutional cases

The Supreme Court has the final say, so far as the interpretation of the Constitution is
concerned. An appeal shall lie to the Supreme Court if the High Court certifies that the case
involves a substantial question of law as to the interpretation of the Constitution.

Advisory jurisdiction

The Supreme Court of India has also been vested with certain advisory powers. Article 143 of
the Constitution deals with the power of President to consult the Supreme Court specifically
lays down , “if at time it appears to the President that question of law or fact has arisen or is
likely to arise, which is of such a nature and of such public importance that it is expedient to
obtain the opinion of the Supreme Court upon it, he may refer the question to that court for
consideration and the Court may, after hearing as it thinks fit, report to the President its
opinion thereon”.
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However, the advice of the Supreme Court, is not binding on the President. But the president
has sought Supreme Court’s advisory opinion a number of times. Some of the prominent
cases where the President sought Supreme Court’s advisory opinion includes Kerala
Education Bills of 1958, Transfer of Berubari to East Pakistan in 1960, the Sea Customs Act
of 1962, Keshav Singh cases in 1965, Presidential Poll Bill of 1974, the Special Court
Reference case of 1978 and the latest cases referred to the Supreme Court for advisory
opinion include Cauvery Tribunal and Ayodhya Dispute.

A court of record

Article 129 of the Constitution specifically makes the Supreme Court of India as ‘a court of
record’ and confers all the powers of such a court on it, including the power to punish for
contempt of itself. If any person criticizes the decisions of the Supreme Court or the conduct
of the judges or fails to abide by its orders, the Supreme Court can initiate proceedings
against him and punish him for the contempt of the court. The records of the Supreme Court
are admitted to be evidentiary value and cannot be question when they are produced before
any court. Till 1971 the Supreme Court enjoyed very extensive powers to try case of
contempt of court because the power to define ‘Contempt of Court’ rested with it. This
naturally left wide scope for misuse of this power.

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Therefore in 1971 the Parliament enacted the Contempt of Courts Act which not only defined
the powers of the courts for punishing contempt of courts but also tried to regulate the
procedure. It also laid down the limits of the punishments which could be inflicted for such
contempt of courts. The punishment could range from simple imprisonment for a term up to
six months or a fine up to Rs. 2000 or both.

Special leave to appeal

The Supreme Court can in its discretion grant special leave to appeal from any judgment,
decree, determination, sentence or order in any case or matter passed or made by any court or
tribunal in India. It means that any decision of any court or tribunal can be challenged before
the Supreme Court and it is in the discretion of the Supreme Court to hear such appeal. The
only exception to this power is a judgment delivered by a military court or tribunal.

Power to review its judgments or orders

The Supreme Court has the power to review any Judgments pronounced or orders made by it.
This means that the Supreme Court is not bound by its earlier judgment. In future if a
situation arises where there are sufficient reasons to review its earlier judgment, the Supreme
Court may do so. In 1955, the Supreme Court itself ruled that, “there is nothing in the Indian
Constitution which prevents the Supreme Court from departing from its previous decisions if
it is convinced of its error and its beneficial effect on the general interest of the public”.

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Jurisdiction in respect of Fundamental Rights

Under article 32 of the Constitution, the Supreme Court has the power to issue directions,
orders or writs for the enforcement of the fundamental rights as enshrined in part III of the
Indian Constitution. The Supreme Court can issue writs in the nature of habeas corpus,
mandamus, prohibition, certiorari and quo warranto or any of these for any purpose, after
being empowered by a law of the Parliament.

Power to interpret and protect the constitution and the power of judicial review

The Constitution is the Supreme law of the land and the Supreme Court is the final interpreter
of the constitution. It has the power to declare that any law or executive order made in
contravention of any of the provisions of the Constitution would be void. It can determine the
constitutional validity of all Acts which are challenged before it or when the question of their
validity arises during proceedings in any case before the court. The Supreme Court held that
the Parliament can change any part of the Constitution in accordance with article 368 but
not its basic structure. It has the power to determine whether an Act violates the basic
structure of the Constitution or not. It means that by using its power to interpret and control
the Constitution, the Supreme Court can even limit the law-making power of the Parliament.

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Thus the Indian Supreme Court has very wide powers and functions. In fact it will not be an
overstatement to say that the Supreme Court in India is the most powerful court in the world.
Even the America Supreme Court does not enjoy such vast powers as the Indian Supreme
Court. Moreover, the Supreme Court in India enjoys the power of judicial review and it has
further increased its authority by invoking the concept of judicial activism.

3.4.4. Power of judicial review of the Supreme Court

The Supreme Court of India has been vested with the power of judicial review, which implies
that it can review the laws passed by the legislature and orders issued by the executive to
determine their constitutionality. Though the word ‘judicial review’ has not been used
anywhere in the Constitution, the framers of the Constitution certainly wanted this power to
be exercised by the Courts while interpreting the Constitution. In this context, the Indian
Supreme Court resembles the American Supreme Court rather than the British Courts, which
are obliged to enforce the laws enacted by the parliament, without going into their
constitutionality.

The adoption of the federal system and the incorporation of the fundamental rights granted by
the Constitution also enjoys upon the Supreme Court to ensure that these are not violated. As
such, the power of judicial review of the Supreme Court could be enumerated under the
following headings:

Concept of judicial review

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Judicial review is the power of the judiciary to review legislative enactments and executive
actions and to declare them null and void if found repugnant to the provision of the
Constitution. The concept of judicial review works in a written Constitution where the
powers of the three organs of the government are clearly laid down and are expected to work
in their allotted sphere only. If they transgress their authority, the doctrine of judicial review
is applied by the court to check them and maintain the balance laid down in the Constitution.
Judicial review is not automatic. The court cannot conduct judicial review of its own.

It is only when any Act is challenged before a Court, that the court conducts judicial review.
Moreover, if the court rejects any Act or its part, the decision comes into effect from the date
of the judgment. The past action based on the said Act remains operative. Further, while
rejecting any Act as unconstitutional, by stating the constitutional provisions violated by it.
By exercising this power, the court performs the duty of interpreting and protecting the
Constitution as well as the fundamental rights of the people.

Constitutional basis of judicial review

Though the Constitution does not incorporated any single article describing the concept of
judicial review, it derives its constitutionality and legitimacy from the various provisions of
the constitution which declares that the Constitution is the Supreme law of the land and vest
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the Supreme Court the power to interpret and protect the Constitution. The following Articles
provide a constitutional basis to the concept of judicial review:

Article 13

According to this article, all laws that are enforce in the territory of India, in so far as they
are inconsistent with the provision of part III, shall to the extent of such inconsistency be
void. It clearly prohibits the state from making any law which takes away or abridges the
fundamental rights and any which does so, will be void to that extent. The Supreme Court has
the power to determine whether a law is inconsistent with the fundamental rights or not.

Article 32

It confers the right to move the Supreme Court for getting the fundamental rights enforced.
For protecting the fundamental rights, the Supreme Court issued various kinds of writs. Thus
the Supreme Court exercises the power of judicial review for protecting the fundamental
rights.

Articles 131 and 132

It refers to the provision of Original and Appellate jurisdiction of the Supreme Court
respectively. It includes the power to settle Centre-State conflict between or among States and
the power of interpreting the Constitution. In the exercise of these powers, the Supreme Court
exercises the power of judicial review.
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Article 226

It deals with the power of the State High Courts with regard to the protection of fundamental
rights of the people as laid down in the chapter on ‘Fundamental Rights’ of the Indian
Constitution.

Article 246

It deals with the division of powers between the Centre and the State. Since the Supreme
Court has been given the power to decide any dispute between the Centre and the States over
the division of powers between them, this article provides a basis for judicial review.

Besides, all these articles that provides a constitutional basis to the system of judicial review
as practiced by the Supreme Court and High Courts in India, there are several other features
of the Constitution that also provides the power of judicial review to the Courts. Some of
them could be discussed as under:

Principle of limited government

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The Indian Constitution clearly defines the powers that are to be enjoyed by the government.
This means that the government can exercise only defined powers and not unlimited powers.
The court has the responsibility to determine all conflicts that arises from this principle. The
power of the court to declare invalid all the laws made in excess of the legislative power of
the Legislature or of the Executive is natural in every Constitution which provides for
government by defined and limited powers.

Federalism

In federal system of government, the judiciary has been given the responsibility to protect the
Supremacy of the constitution and to see that the Union and State governments does not
interfere in each other spheres. In order to carry out this function, the exercise of judicial
review becomes a necessity.

Written rights

When the Constitution provides for enforceable rights to the people, it also lays down the
foundation of judicial review. The court gets the power to protect and enforce these rights.
The Indian Constitution provides for fundamental rights to its citizens with the right to
constitutional remedies as one of the fundamental right. Thus the Constitution provides for
judicial review.

Exercise of judicial review by the Judiciary

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Since 1950, when the Indian Constitution came into force, the judiciary has been exercising
the power of judicial review. It has used this power to declare many Acts or Orders of the
Legislature or Executive which were found to be unconstitutional as invalid.

3.4.5. Features of Judicial Review

The system of judicial review in India has come to acquire certain essential features. These
features are as follows:

a. Both the Supreme Court and the High Court(s) enjoy the power of judicial review. But the
ultimate power to determine the constitutional validity of laws lies with the Supreme Court.

b. Judicial Review can be conducted in respect of all laws of the Union and States, the orders
and ordinances of the Executive as well as constitutional amendments.

c. The court does not entertain political controversies normally. It is concerned with legal
aspects alone. It is for the court to decide whether an issue is political or not.

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d. The court does not on its own takes up the validity of a law. It hears the constitutionality of
a law only when it is specifically challenged before it or when during the course of litigation
in a case.

e. The constitutionality of a law is to be decided in the last resort. It means that whenever a
law is challenged the court will examine the material facts and ascertain whether they really
attract the provisions of the challenged law. If they do so, then only the constitutional validity
of the said law will be examined and decided.

f. Generally, the court does not invalidate the entire Act. Only such provisions of a law which
are unconstitutional are declared invalid. However, if the invalidated part is so vital to the law
that the other parts cannot operate without it, then the entire law gets invalidated.

g. The Supreme Court is not bound by its earlier decision. It may reverse them.

h. The Court will consider a challenge to constitutional validity of a law only when the
question involved in the law is significant.

3.4.6. Summary

Since the inauguration of the Constitution in 1950, the Supreme Court has exercised the
power of judicial review. It has delivered some very historic judgments which have shaped
the process of constitutional development in India. It has played its role as the guardian and
protector of the Constitution and fundamental rights of the Indian citizens. It has not hesitated
to undo its earlier decision in case it found that a certain mistake was committed by them or
in case it became essential to alter its earlier judgment because of the change in environment
and the new socio-economic needs of the people.
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3.5.1. Judicial Activism

The rise of judicial activism in the nineties has also greatly enhanced the powers and prestige
of the Supreme Court. As the executive and the legislative wings of the government were not
discharging their constitutional duties which gave rise to instability, the judiciary assumed
more active role and gave directions to the various authorities namely the governmental and
civic, to discharge their legally assigned duties.

Thus the court direct the civic authorities of Delhi to dispose of the garbage that was daily
accumulating on the roads and lanes on an alarming scale and threatening the health of the
people. It asked the Central government to explain the criteria followed by it to allow certain
persons to retain government accommodation after retirement or after ceasing to hold public
office.

The active role being played by the judiciary has been subjected to criticism on various
grounds. In the first place it has been alleged that entertainment of public interest litigation on

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relatively trivial grievances is bound to lead to further piling up of the arrears in the courts.
Secondly, the court has tended to impose fines on ministers without proper trial, which has
doubtful legality. Thirdly, there is every possibility of the courts getting drawn into positive
policy making role, a role which has been assigned by the Constitution to the elected
representatives of the people.

The growing activism of the courts evoked strong protests from large number of members of
Parliament who felt that their powers were being curtailed by the judiciary. They also felt
upset about the manner in which the courts directed the CBI to report to it rather than to the
Prime Minister’s Office. No wonder several members of Parliament demanded the convening
of a special session of parliament with a view to check the growing judicial activism.

However the move did not succeed. In fact there is nothing wrong with judicial activism
because of the growing perception that judiciary has the last right to right the wrongs done by
the bureaucracy and the inability and reluctance of the parliament to decide issues which it
alone should.

Furthermore, it would be wrong to assume that the elected members of Parliament and State
Legislatures have the exclusive right to speak about the people’s rights. The judges of High
Courts and Supreme Court are also public servants and are equally duty bound to protect the
individual and public rights. In fact the judges enjoy a much higher degree of public
confidence than the politicians and it would be counter-productive to curtail their jurisdiction
directly or indirectly.

3.5.2. Critical assessment of judicial review

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Supreme Court’s power of judicial review has come in for sharp criticism. Generally the
following shortcomings of judicial review are emphasized:

i. It is charged that judicial review has greatly undermined the position of the parliament
which is a representative body of the people and final authority under the
parliamentary system of government. It is indeed difficult to understand how the
judges of the Supreme Court are better difficult to sit on judgment over the laws
enacted by the elected representatives of the people.
ii. It has been argued that the judges generally belong to the elitist section of the society
and try to protect and promote their class interests. No wonder they have often
knocked down progressive laws which were prejudicial to their interests.
iii. The judges do not always decide the case strictly in accordance with law. Quite often
their decisions are influenced by their ideology and political views.

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 iv. The principle of judicial review is violative of the principle of popular sovereignty
enshrined in the Constitution because it has struck down a number of constitutional
amendments made under Article 368 of the Constitution.
v. Judicial review gas encouraged litigation and promoted friction among various organs
of government. The curtailment of the authority of the Parliament following Supreme
Court’s judgment in Golak Nath case, met with great resentment and Parliament
proceeded to enact certain amendments to overcome the restrictions on its authority.
This naturally caused friction between judiciary and the legislative wing of the
government.

3.5.3. Summary

Despite various shortcomings of judicial review, it cannot be denied that it has played an
important role in ensuring constitutional government in the country by keeping the centre and
the states in their respective spheres. It has also enabled the Constitution to change according
to changed conditions by imparting new meaning to the Constitution. Above all, through the
exercise of this power, the Supreme Court has protected freedom of citizens and protected
their Fundamental Rights against encroachment by the legislative and executive wings of the
government.

3.5.4. Review Questions

Q1. What do you understand by Indian Federalism? Explain the nature of Indian
Federalism.

Q2. Critically describe the characteristics of Indian Federalism

Q3. State the Unitary features of the Indian political system.

Q4. Describe the position of the Speaker of Lok Sabha.

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Q5. Briefly discuss the composition and functions of the Lok Sabha.

Q6. Explain the major issues which have led to tension in the relations between the
Centre and the States in India.

Q7. Write a short note on the recommendation of the Sarkaria Commission.

Q8. Write a short note on Judicial Activism

Q9. Describe the legislative relations between the Centre and the States in India.

Q10. Describe the organization and jurisdiction of the Supreme Court of India.

3.5.5. Further Readings

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 1. Indian Political System – U.R. Ghai.

2. Indian Political Setup – M.P. Roy.

3. Indian Administration and Politics – P. Rastogi.

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Unit – 4
Planning economic liberalization and Land Reforms
4.1. Planning Economic Liberalization

Introduction

Economic liberalization refers to the taking away of needles control and limitations on trade,
industry and banking system of the country. In other words, planning economic liberalization
means liberating the economy from bureaucratic control. Liberalization aims at dismantling
bureaucratic economic indiscipline and to displace it by market discipline.

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It means the liberalization is untended to install competition and efficiency by promoting
market system of resource allocation. Economic liberalization is a new economic policy of
promoting market determined economic decisions rather than bureaucratic arbitrary
economic decision. India started her planned economic procedure on 1st April 1951.

The economic development procedure commences in the system of licensing and controls.
The Industrial Development Act of 1951, Control of Capital Issue Act, Foreign Exchange
Regulation Act and Monopolies Restrictive Trade Practices have been passed to grant powers
to the bureaucrats to exercise control on the asset decisions of private industrialist.

The resource allocation in the private segment has been influenced by the bureaucrats
through industrial licensing; import licensing, Monopolies Restrictive Trade Practices
clearance and restriction on private foreign investment under Foreign Exchange Regulation
Act.

This system of licensing and control was at its summit in the 1970s. Then it got deteriorated
and powers of liberalization of industrial policy started in 1973 to boost industrial output in
the 5th Five Year Plan.

Economic liberalization originates in 1980 but it got fill up during 1985-89, when the central
government de-licensed large number of industries. The Government announced its New
Industrial Policy on 23rd July 1980. Its main objective was to help an increase in industrial
production and expansion of industries.

It stressed on fast and balance industrialization, with the intention to benefiting the common
man by increasing the availability of goods at reasonable prices, large employment and high
per-capita income.

It proposed the extension for special treatment of agro-based industries, promotion of

economic federation, and dispersal of industries to backward urban and rural areas and
security of consumers.
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It is to be noted here that since 1991, the Indian economic has been very much liberalized and
has undergone a big change in terms of the fundamental parameters governing its
organization and functioning.

4.1.1. Principles of economic liberalization

As such the main principles of economic liberalization can be summarized as follows:

1. The system of licensing and control was held responsible for the slow growth rate of
industrial production. It is evident from the fact that during 1965-80, the rate of industrial
growth declined to 8% in 1950. Hence, the need for liberalization of industrial economy in
India emerged.

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2. The system has also been responsible for sub-optional resource allocation. It has been due
to arbitrary decisions of the bureaucrats to influence resource allocation according to their
own will. Hence, the need has been felt to reinstate market mechanism for resource
allocation. The system of control has silent both plan and project. Hence, there is an urgent
need for economic liberalization.

3. Under the system of control and licensing, the units who produce up to the fix capacity has
been penalized on the ground that its production go beyond the approved capacity even if the
goods have been in short supply. Hence, there is a need for industrial liberalization.

4. This system has brought about an unhealthy coalition between the bureaucrats who issue
licenses and the industrial houses who obtain the licenses. As a result, corruption in public
life has become an order of the day. Only economic liberalization has the capacity to improve
the deteriorated political and economic condition.

5. The system of exchange control and pegged control rate was held accountable for
distortions in exchange rate. This distortion shows itself in the form of over-valued rupee in
terms of dollars, pond and sterling. The over-valued rupee undermined the competitiveness
on Indian export in the world market. Hence, liberalized system of exchange rate
management has a strong case in its favor.

Thus, the New Economic Policy seeks to transform the system of resource allocation from
bureaucratic mechanism to market mechanism.

4.1.2. The impact of planning economic liberalization

During 1975-80, the rigid device of industrial and import licensing was undisturbed to make
way towards deregulation and liberalization of the Indian economy. Thus, it was during the
years 1980-85, the process of economic liberalization has slowly begun to pick-up. In other
words, we can say that from 1975-85, the Indian economy experienced a nominal level of
liberalization. However, during 1985-90, the liberalization process has gained momentum.
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The main reasons for this are the measures which were undertaken by the Union government.
These measures can be discussed as follows:

1. The budget of the Union government for the year 1985 & 1986 raised the threshold asset
limit for Monopolies and Restrictive Trade Practices (MRTP) Companies from Rs. 20 crore
to Rs. 100 crore. As a result of this, large number of Companies came out of the range of the
MRTP Act.

2. In May 1985 and January 1986, the Government of India exempted and de-licensed 27 and
23 industries respectively from the purview of the MRTP Act.

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3. The Industrial Licensing Policy of 1988 de-licensed non-Monopolies and Restrictive Trade
practices as well as non-Foreign Exchange Regulating Act projects involving investment in
fixed asset up to Rs. 50 crore, if they are being set up in centrally declared backward areas
and up to Rs. 15 crore if they are in the non-backward areas.

The Industrial Policy of 1990 exempted all units located in centrally declared backward areas
from licensing registration, provided their investment would be Rs. 75 crore. Also, all units
having an investment of Rs. 25 crore and set up in non-backward areas were also exempted
from licensing. Moreover, the Industrial Policy of 1990 exempted 100% export oriented units
from licensing having investment up to Rs. 75 crore and located at Export Processing Zones
(EPZ).

4. The Industrial Policy of 1990 allowed foreign investment up to 40 percent of equity on

automatic approval basis. Thus, the economic liberalization process got a boost after the
setting up of the new government at the Centre under the leadership of Shri P.V. Narasimha
Rao.

The new industrial policy of 1991 seeks to balance the process of structural reform already
begin by the government in the areas of trade policy, exchange rate policy and fiscal policy
and over all Macro Economic management.

4.1.3. Objectives of the Industrial Policy of 1991

The main objectives of the Industrial Policy of 1991 are as follows:

i. To increase industrial output and employment.

ii. To promote small scale sector.
iii. To encourage internal and external competitiveness and
iv. To promote technological up-gradation.

Besides, some changes have been brought about by the present industrial policy in various
units of the country. These are:

1. Industrial Licensing Policy

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The requirement of licensing was done away with for all industries, except for a short list of
18 industries which connected to security and strategic concerns and hazardous chemical.
During 1991- 2001, several industries have been de-licensed with the result that in August
2001, compulsory licensing is necessary for five industries namely Distillation and Brewing
of Alcoholic Drinks, Cigar and Cigarettes of Tobacco and tobacco related substances,
Electronic aero-space and defence equipment of all types, industrial explosive and hazardous
chemicals.

2. Foreign Investment

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To promote industrial development, private foreign investment was encouraged so as to bring
technology, marketing expertise, modern management and export promotion was made
possible in India. For this purpose, direct foreign investment up to 51 percent of foreign
equity was allowed in 48 industries. 3 industries relating to mining activity and 9 industries
for 74 percent of foreign equity was announced by the Central government.

The payments of dividends would be scrutinize through the Reserve Bank of India to make
sure that the outflow of dividend payments are balanced by export earning over a period of
time. The investment of big foreign firms was to be considered free from pre-determined
constraint in totality.

Export duty on non-small scale units was lowered from 75 percent to 50 percent. Foreign
Investment Promotion Council was set up with the main objective to prepare projects
proposals in selected thrust areas and in that way to make possible the flow of foreign
investment into the country.

3. Foreign Technology Agreements

The Central Government provided automatic approval for technological agreements in high
priority industries on the condition of 5 percent and 8 percent royalty for domestic sales and
exports respectively, subject to a total payment of 8 percent of sales over a ten period from
the date of agreement or over 7 years from the date of production along with a lump-sum
technology payment of Rs. 1 crore.

4. Public Sector Reservation Policy

It was restricted to necessary infrastructure and strategic and high-tech areas. Public sector
reservation is now confined to four industries namely the Defence Products, Atomic energy,
Railway transport and Minerals in the scheduled of Atomic Energy Order of 1953.

5. Monopolies and Restrictive Trade Practices Act

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The asset limit of MRTP Company was done away with. The act was restricted to
monopolistic restrictive and unfair trade practices. MRTP Commission was authorize to
investigate complaints receive from individual consumers.

6. Dis-investment

Dis-investment Commission was established to identify public sector, Enterprises for equity
disinvestment and also for working out the facts of disinvestment. Dr J.C. Sandesara points

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out that the new economic industrial policy would lessen project cost and improve efficiency.
It would raise the availability of foreign exchange resources in India.

More scope for private sector would develop the competence of the public sector. The MRTP
Act would now focus on improving the market practices and this in turn will promote
competition in the economy.

4.1.4. Summary

The New Economic Policy would help in the integration of the Indian economy with the
global economy. It would make India’s industrial economy modern, diversified and
competitive in all aspect. But the critics’ points out that the increasing role of Multi National
Corporations (MNCs) would damage Indian interest as there would be more drain of foreign
exchange resources than their inflow. Too much reliance on foreign technology would also be
unwanted.

As such, some economists are of the opinion that the new industrial policy would not be able
to solve the problems of unemployment, self reliance and concentration of economic power
in private hands. But rather it was contrary to our long cherished goals of growth with equity
and justice in India. In short, it may be pointed out that all was not well with the new
industrial policy and it was probable that it would create new problems for India.

4.2. Land Reforms

Introduction

According to the united Nation, “Land reform is an integrated movement with the aim to
remove the barriers for economic and social development that originates mainly from the
differences in land tenures.”

In other words, land reform means stabilizing the existing defective structure of land holdings
by introducing a new rationalized structure in order to increase the agricultural production. It
would mainly depend on two key factors, namely technological and institutional change. The
change which is being made and which is proposed to be made in the land system of India is
known as Land Reforms. As such, it carries a wider philosophical sense and covers the
improvement of all aspects of institutional arrangements. In the operational sense, land
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reforms include land distribution, tenancy arrangements and Agrarian re-organization. Thus,
in India we have all the three conditions which characterized rural societies.

The objectivity which is more specific is:

a) To remove motivational and other impediments and to increase agricultural

production.

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 b) To eliminate all elements of exploitation and social injustices within the agrarian
system.

4.2.1. Achievements and drawbacks of land reforms

The major land reforms which was sought to be implemented in India can be discussed as
follows:

1. Abolition of Intermediaries

The government sought to end the dominance of the intermediaries and thus removed the
various system and settlements which were being practiced in India like the Zamindari
system, Jagirdari system and the Ryotwari system. It was also estimated that about 173
million acres of land was acquired from these intermediaries and as a result, about two crore
tenants were brought into direct relationship with the state.

2. Tenancy reforms

Under this system, the following measures were adopted:

a. Regulation of Rent

In the 1st Five year plan, it was recommended that the charge of rent should not exceed 20 –
25 percent of the Gross produce and that this step was to be taken by all the states for the
improvement of land holdings. Even though almost all the states of India accepted this policy,
however, states like Punjab, Haryana and Andhra Pradesh still continues to impose a high
variation of rent in accordance with the proposed amount.

b. Security of Tenants

It was also recommended that a tenant could not be removed from holding a land if he / she
paid the rent regularly. Under this step, the government sought to impose that lands
surrendered by tenants could not be attained by the landlord. Instead, the government was to
attain these lands and distribute it among the landless peasants.

c. Ownership rights of tenants

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Under this, tenants were allowed to become owners of those lands which could not be used
further for personal cultivation by the land owners. However, they had to pay a fix amount of
compensation to the land owners. In many states like Bihar, Tamil Nadu, Southern part of
Andhra Pradesh and some parts of Gujarat opposed this step taken by the government. Some
of the reasons for this non-cooperation were because of the Absence of proper land records,

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lack of efficient administrative machinery and non-interaction of law, labour and credit
market.

3. Ceilings on Land Holdings

At the Nagpur session of the Indian National Congress held on January 1956, it was decided
that the legislation in the size of land holdings should be implemented by the end of the
current year 1964. This measure was undertaken in order to reduce the size of land holdings
by a particular individual.

It was also realized that in urban areas, 4 % of the people owned 50 % of the land and 75 %
of the people owned only 16 % of land and the remaining were landless. Therefore, in order
to tackle this problem, ceiling on land holdings was introduced by the government.

However, the government was to pay an amount of compensation over the surplus of the
ceilings on land holdings. This measure sought to end the problems of land holdings. Yet,
there was inadequacy and improper establishment as people began to hold a large amount of
land even under this restriction.

Such types of land holdings were land reserves for school, cultural and religious institutions,
land use for special cultivation of tea, land acquire for cooperative farming and land under
reserve and protected forests.

4. Consolidation of fragmented land holdings

The government also sought to end the problem of fragmented land holdings by providing
adequate machinery equipments and skills for proper utilization of land holdings. This type of
programme helped in the improvement of consolidated land holdings and, therefore,
encouraged the people to improve the condition of land ceilings and holdings.

4.2.2. The Impact of land reforms in India

All the above mentioned land reform took concrete shape in the 1st Five Year Plan of the
nation. The main objective of this plan was to established social-justice and priority was
given to agricultural production. In the 2nd Five Year Plan, land reform measures were
designed for a balanced economic development and social justice.

The progress achieved under these two plans was received by a Standing Committee in 1957.
The 3rd Five Year Plan had the goal of setting up a socialistic pattern of society and reiterated
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the provisions of the first two plans, including the elimination of exploitation and injustices in
the agrarian system.

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However, by the end of the 4th Five year plan, it was realized that the role of administration in
the implementation of land reforms was also crucial. This factor was highlighted and the 4 th
plan tried to ensure that land reforms became a reality.

In the 5th Five year plan, it was decided to include a programme for institutional changes,
complete implementing machinery, people’s involvement and the allocation of adequate
funds for financing land reforms.

The 6th Five year plan adopted a strategy for the removal of poverty and it was also decided to
find out the root cause of poverty. This plan also sought to provide security of tenure to the
cultivator and consolidation of holdings with adequate rent were also introduced, as far as
evictions was concerned, a tenant can be evicted only in the cases of legal provisions.

It was also provided that if anyone is evicted, such holdings could be leased or transfers to
other cultivating tenant. As such, towards the end of the 60s there were wide spread opinion
at the government level and even in some academic circle that considerable progress had
been made in connection with land reforms.

However, on a closer analysis it was evident that the land reform measures had not really
been successfully implemented. The reason for the ineffective implementation of these
measures was many.

At first, the enforcement of land reforms was given to normal administrative agencies of the
government without any time bound programme and also without any obligation associated
to the peasants in the process of reform implementation.

Further, the government was apathetic and it was in fact prepared to use all the instruments of
coercion and force for suppressing protest movement by the peasantry whenever it tried to
stand up for its right. Thus land reform legislation was undertaken only half heartedly and
enforced in a very hesitant manner.

4.2.3. Political aspect of land reform

India is basically a poor country but is determined to end poverty and give to her citizens an
economic freedom. The mission is devoted to economic growth with social justice. This
change had to come through a democratic process without any bias such as;

1. The proposal for imposition of land ceiling has to be examined in the context of
agricultural land, particularly, in the context of land reforms seeking to abolish tenancy and
establish owner cultivation, is a means of production on the farmers and his family work. In a
majority of cases agricultural land is also practically the only source of income for its owners.
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However, the vast scale of rural population do not hold any piece of land and many more
operate in economic holdings. At the other end of the rural structure, there are land owners

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who own large piece of land much in surplus of their necessity and even much more than
what they can effectively work and handle.

2. It has been estimated that on an average of 25- 30% of the agricultural production in the
country is totally landless. As regard to the ownership of the land, the concentration has
remained more or less the same during the last five decades.

3. It is essential to draw attention to the general commitment of the ruling elites in India
towards land reforms. As a matter of fact, in our country diverse types of political elites in
different political regions are in favor of land reforms. The commitment of land reform in the
case of political elites dates back to the period when the leadership of the Indian National
Congress was struggling for Independence.

At that time it was led by the logic of this struggle to make promises of change in the agrarian
system so as to take peasants’ support for the anti-imperialists struggle. The promises of land
reforms guaranteed the form of a more exact agrarian programme with the appointment of the
Congress Agrarian Reform Committee in 1949.

4. The core of the land problem in India is the land concentration in the hands of the majority
who neither cultivate to manage the land together with the disassociation of land ownership
of vast associations who are the actual tillers of the land.

The fundamental question of land policy is removing this difference between the owners of
the land and its actual opposite ways by transforming actual tillers and owner cultivators,
through large scale distribution of landlord’s land or by inducing the landlords themselves to
undertake cultivation through hard labour instead through hire out their land to the tenants.

But the policy adopted by the ruling elite in India favored neither of these two cases. They
favored a middle course that is, reconciling the interest of landlords and of promoting
allowance of non cultivating landlords into cultivating landlords. So far as the peasants were
concerned, it favored the policy of improvement of the upper layers of tenants and of giving
some relief to other tenants.

5. The separation of the elite landless class in India had not proceeded to such an extent as to
permit extreme redistribution of land in favor of the landed labourers. One can find a clear
cut distinction between ideology of land reforms on the one hand, and the programme of land
reforms on the other. The ideology of land reform is generally anti landlords and represents
an expression of general peasants’ interest.

The ruling elite speak of the interest of the entire peasantry. But the programme of land
reform serves mainly the interest of the superior tenants and peasants proprietors rather than
the interest of the rural poor.
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6. The fundamental question one can ask is why in a predominantly peasant country, the
ruling elites did not favor a systematic agrarian transformation which holds promise for
maximum gain to the peasantry. To ask this question is to ask the fundamental issue of the
agrarian class structure and its determining influence on the structure of the ruling elites.

7. A reference has been made earlier about the overall balance of political forces. This is a
point that has been greatly emphasized by much discerning study of land reforms in
developing countries. According to them, the balance of power in each country will
determine the extent to reform and in fact the content and operation of agrarian reform are an
expression of a particular political balance of forces in a country.

8. Ceiling of land holdings as a first step in the urgently needing land reforms in the country
has been welcomed by all. However, this is not the first time we are talking about land ceiling
but in the past many times land ceilings were fixed, but the much needed reforms did not
follow.

It was easy for the government to abolish privy-purses, and it was socialistic pattern of
society. But it was difficult for them to implement land ceiling because the person who are at
the head of the states and national affairs and who have the power to implement these laws
are themselves badly affected.

In a predominantly agricultural country like India, a planned agricultural revolution would

passed the key to the process of rapid industrialization in the pre-condition for the
establishment of a sound socio-economic base and institutional framework. The fact that the
variety of land tenures prevailing in our country has adversely affected the agricultural
efficiency.

The standard of living of the Indian peasants cannot increase until change in land system
supplies the essential economic bases of more efficient peasant farming. Neither scientific
agriculture nor cooperation can make much headway unless we reform the land system.

9. Defective land system is one of the causes of low agricultural productivity in a country. To
make agriculture well-organized, more effective and productive changes in the form of Land
reform is required. It was felt essential to take some fundamental change in the outlook and
the approach towards agrarian reform.

The policy of land reform has therefore, been accepted as a part of the National Plan and the
land reform programme outlined in the Five Year Plan is a vital part of the scheme of
agricultural development and rural reconstruction.

10. The objectives set out in the Five Years Plan for land reforms have been two fold,
namely, to remove such impediments and increase agricultural production so as to rise from
the agrarian structure inherited from the past and to get rid of elements of exploitation and
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social injustices with the agrarian system, to provide security to the tillers of the soil and
assure equality of status and opportunity to all sections of the rural populations.

Among the major measures suggested were abolition of intermediary tenures, reform of the
finance system including fixation of fair rent, transfer of ownership of land, settlement of
landless and agricultural workers.

11. The first step taken in the direction of land reforms was the abolition of intermediary
tenures like Zamindari, Jagirdari and Ryotwari which covered more than 40% of India’s total
land areas. This step has been fully carried out all over the country.

As a result, 200 million tenants of former intermediaries have come into direct relationship
with the state through direct land holdings. A number of legislations have been adopted to
provide fixed tenure, fair rent and free transferability.

12. However, in the abolition of intermediary tenures there were imperfections. The Planning
Commission’s over all evaluation was that, the programmes of land reforms since
independence have failed to bring about the required change in the agrarian structure.

Either there are tenants at will or subjects to landlords right of resumption for self cultivation.
Even after abolition of intermediary tenures, leasing and sub leasing are continuing and
evictions are described as voluntary surrender.

Legislation providing for the maximum extent of land which a person may hold or in future
acquire has been enacted in most of the states. These provisions have also been generally
brought into forces and are under different stages of implementation.

Provision under this Act relating to land ceiling varies significantly from state to state.
However, there have been gaps and loopholes. All these things are there only due to the gap
between the former and political acceptance of land reforms by the ruling class.

4.2.4. Summary

In conclusion, there is clear discrepancy which assures definite significance if one interprets
it as a reflection of the dual role of the intermediate class of the rural society and of the power
elite dominating the interest of these classes.

As a matter of fact, these classes try to bring together the entire peasantry behind them under
the slogan “land to the tiller” in order to overthrow the old landed class from its dominant
position in the land and power structure.

Having broken the land and power monopoly of the old landed class, they try to dilute the
land to the tiller policy into an agrarian programme cited to the militant class. The anti-
landlord bias soon gave way to compromise with the landlords for common opposition to any
radical programme of land to the tiller oriented to the interest of the rural poor.
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This can be seen in the election manifesto of different political parties and the proceedings of
the various bodies for land reforms. Unless they are identified between ideology and
programme, no reform of the expected nature will be possible in India.

4.2.5. Review Questions

Q1. Discuss the achievements and drawbacks of land reforms in India.

Q2. Examine the policy of liberalization and its impact on the Indian economy.

4.2.6. Further Readings

1. An introduction to Indian Constitution (22nd Edition) – D.D. Basu

2. India’s Economic Transition – Rahul Mukherjee

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 Unit – 5
Electoral Politics in India: Parties and Pressure Groups
5.1. Political parties in India

Introduction

A modern democratic system cannot operate without the role of political parties. A pluralistic
social order has a number of organized interest groups that play a part of their own in the
political process of the country in alliance, open or secret, with political parties. A two-way
traffic can be noted in that while the political parties need followers and resources which
groups provide, and require leadership to direct the parties. The groups articulate their
interests and the parties aggregate them.

Thus, interaction takes place that has its visible form in the role of political parties and its
invisible form in the role of organized (catalyst) groups. Since India has a pluralistic society
and a democratic welfare state, the role of political parties and pressure groups deserves a
particular study. In the present day democratic countries, political parties are considered as
essential components for the formation and working of the government.

In fact in some countries like Libya, Oman, Qatar and the United Arab Emirates, there are
governments without parties. These countries are not democratic and political parties are
banned. We can therefore infer that democracies function successfully in countries which
have competitive party systems.

Political parties actually help the institutions and processes of a democratic government.
They enable people to participate in elections and other processes of governance, educate and
facilitate them to make policy choices. If political parties are necessary to make the working
of the representative government possible, then the bigger question is what is the meaning of
a political party? What are its main characteristics? What are their roles in a democratic
government?

A political party is generally described as an organized body of people who share common
principles and cherish certain common goals regarding the political system. A political party
operates and seeks political power through constitutional means to translate its policies into
practice. It is a body of like-minded people having similar views on matters of public
concern.

Definitions

Gilchrist defines a political party as, “an organized group of citizens who profess or share the
same political views and who by acting as a political unit, try to control the government”.
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According to Gettell, “a political party consists of a group of citizens, more or less
organized, who act as a political unit and who, by the use of their voting power, aim to
control the government and carry out their general policies”.

From these definitions it is clear that political parties are organized bodies and are primarily
concerned with the acquisition and retention of power.

5.1.1. Characteristics of Party System in India

In order to make an empirical study of the Indian party system, we may enumerate its
characteristics as under:

1. India has neither a single party system as prevailing in a communist country like China,
nor does it has a bi-party system as prevailing in Britain and the United States. India has a
multi-party system as prevailing in many countries of the world. If a complete catalogue of
Indian political parties, whether big or small, recognized or registered with the Election
Commission or not, is prepared, the number may exceed the astonishing figure of 500.

At the national level, we may mention the names of Indian National Congress, Janata Dal (S),
Janata Dal (U), Nationalist Congress Party, Bharatiya Janata Party, Communist Party of India
and Communist Party of India-Marxist.

At the regional level we may refer to National Conference in Jammu-Kashmir, Shiromani

Akali Dal in Punjab, Telugu Desam (N) in Andhra Presdesh, Dravida Munnetra Kazhagam
and Anna-DMK in Tamil Nadu, Biju Najata Dal in Odisha, Rashtriya Janata Dal in Bihar,
Forward Bloc and Forward Bloc-Marxist in West Bengal, Mizo National Front in Mizoram,
Sikkim Democratic Front, Assom Gana Parishad in Assam, Samajvadi Party and Bahujan
Samaj Party in U.P. Besides, there are many parties like ad hoc and fringe organizations.

2. A multi-party system is one in which different parties have the chance to be in power.
Power alternates from one party to another. We may take note of the multi-party system at
the national and regional levels. Since 1996 coalition politics has come to stay and so the
Prime Ministers like Deve Gowda Gural, Vajpayee and Manmohan Singh led a government
constituted by about 20 parties.

3. A new development has taken place that may be visualized in the formation of some loose
organization within or outside a political party which may, and also may not, be identified
with a political party. In 1988 some members of the Parliament (V.P. Singh, Arun Nehru,
Arif Muhammad Khan etc.) left the Congress Party and formed Jan Morcha (People’s Front)
for this purpose. It is also possible that a shrewd dissident leader may float a Mach (Forum)
inside the party to work as a ginger group. A Vikas Manch (Development Forum) floated by
Dr. Jagannath Mishra in Bihar and another by Bansilal in Haryana are its instances.

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4. Ideology plays an important role in the organization and working of political parties. But
the element of ideology cannot be traced in many political parties of India. Leaving aside the
BJP on the right and two Communist parties on the left, all parties are like ideologically
neutral organizations. Their commitments to the principles of social, economic and political
significance are so flexible that they may be termed non ideological organizations.

Moreover, with the making of an amendment in the Representation of the People Act in
1988, every political party is required to have its faith and allegiance to the Constitution of
India and endorse its commitment to democracy, secularism and socialism. As such, rightism,
leftism and centrism have lost their sanctity; expediency and pragmatism have taken the place
of commitment to certain principles.

5. The factor of personality has a place of its own in the operation of Indian party system.
Congress is a party of Sonia Gandhi, BJP of Vajpayee, RJD of Laloo, SP of Mulayam, BSP
of Mayawati, Shiva Sena of Bal Tackeray and so on.

6. Above all, we may take note of the perplexing fact of frequent disintegration and
polarization of political parties. There are two Congress, two Communist parties, two Janata
Dals, two DMKs, three Ajali Dals, and three Muslim Leagues, about half a dozen of socialist
parties and so on. Most of these parties are sustained by the factor of anti- Congressism or
anti-BJPism. Politics means struggle for power and struggle for power requires combination
of strange partners. Thus, ad hoc alliances are formed.

5.1.2. Types of political parties in India

A. National political parties

1. Indian National Congress

It is the oldest party of India. It was founded in 1885 to organize constructive and sane
nationalism in the country. It became the vehicle of national movement under the leadership
of Mahatma Gandhi who converted it into a mass organization of all people. The Congress
became like a huge umbrella under whose cover people of diverse backgrounds and different
ideologies could come to play their part in the freedom struggle of the country. Its leadership
fell into the hands of Nehru after independence. He sought to make it a socialist organization
without giving to it the name of a socialist party.

Due to this, the Congress stole the thunder of the socialist parties. As a matter of fact, the
Congress cannot be designated as a socialist organization for the obvious reason that its
socialistic professions are too vague and, more than that, different factions operating within
its fold try to pull things in different directions. These factions have different approaches to
the matters of social and economic significance and they interact in a continuous process of
pressure, adjustment and accommodation to provide an in-built opposition.
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The Congress as a party of the parties having various competitive factions within its fold; we
may also describe it as a party of the Prime Minister controlling the federal constitutional
system of the country through the mechanism of his party at the Union and State levels. The
Prime Minister and his loyal lieutenants have all the powers and resources; they may attract
any number of careerists by the charm of their patronage who are not swayed by ideological
considerations and who are in the Congress, because it brings them additional power and
prestige.

The underlying current of the entire politics of the Congress leaders hinges on the point of
reaping the fruits of influence by living in power through the mechanism of party. What is the
ideology of the Congress Party? We may say that it is an ideologically neutral organization. It
subscribes to certain policies and programmes of social, economic and political significance
that display a curious blending of three different currents Gandhism with its emphasis on
rural reconstruction on the lines of decentralization of power and economic self sufficiency;
Liberalism recognizing the right of free enterprise in a mixed economy, and Socialism with
its emphasis on State ownership and control of the means of production and distribution.

It is the radicalism of the Congress that has had its manifestation in the nationalization of
some major private establishments and that attributed to this party the label of a left-of-centre
organization. The leaders of the Congress make use of the term ideology in a particular sense
so that the amorphous character of the organization is maintained. Its ideology stands on the
pillars of parliamentary democracy, democratic socialism and enlightened secularism.

2. Janata Dal (Secular)

A brief study of the other national and secular political parties as well as on 11th October,
1988 (birthday of Jaya Prakash Narayn) a new party came into being with the merger of three
parties (Janata Party, Jan Morcha and Lok Dal) under the leadership of V.P. Singh. The
policies and programmes of this party cover social, economic and political spheres and they
look like based on the foundations of democracy, secularism and socialism.

In the political sphere, it desires restriction of Civil Liberties and extension of the rights of
the people, eradication of corruption, revitalization of parliamentary institutions, reversal of
over-centralization process, more autonomy to the States and decentralization of powers,
solution of national problems through the process of national consensus and reconciliation,
social justice to the weaker sections of the community, incorporation of right to work in the
list of Fundamental Rights, control on the use of article 356 sanctioning President’s rule in
the States, reorganization of Panchayati Raj, establishment of a responsive administrative
structure and so on.

In the economic sphere, it desires prevention of concentration of wealth in the hands of few
people, encouragement to small-scale and cottage industries, more production of basic
consumer goods, land reforms, crop insurance system, maximization of employment
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opportunities, alleviation of poverty and indebtedness, rationalization of tax system and so
on.

In the social sphere, it desires preferential opportunities and concessions to Scheduled Castes
and Scheduled Tribes, improvement of the status of women, social security for the physically
handicapped people, vocation-oriented education and so on.

In the words of the then leader of the party, Chandra Shekhar:

“Mending of broken hearts and propping up human dignity and self-respect is the
essence of the policy of the new party”.

3. Bharatiya Janata Party

The Bharatiya Jana Sangh founded by Shyama Prasad Mukherji in 1951 lost its identity when
it was merged with the Janata Party in 1977. But after the failure of the Janata experiment, it
had its revival in 1979 under the leadership of Atal Behari Vajpayee with the name of
Bharatiya Janata Party. It expresses its commitment to five ideals-nationalism and national
integration, democracy, positive secularism, Gandhian Socialism, and value-based politics. It
reposes its faith in democratic norms with the hope that it would attempt to create a
consensus on all major issues and compete with others if situations of conflict arise.

However, as national consensus cannot be built on mere struggle for power, it must be based
on certain principles and national objectives. The people of different faiths and ideologies
should be able to coexist in peace and harmony, but those who have extra-territorial loyalties
or engage in anti-national activities cannot be expected to contribute to national consensus
and, for this reason, would have to be kept out.

As a believer in democracy, the BJP fights against all trends of fascism and authoritarianism.
Its commitment to positive secularism implies a rejection of what the Congress has been
advocating so far. It rejects the case of appeasement towards any community and instead
supports the idea of full protection to the life and property of the minorities.

It desires distillation of common moral values whether derived from different religions or
from other historical and civilization experiences and approaches, which have always
remained integral to Indian nationalism. While accepting the doctrine of Gandhian socialism,
it seeks to replace both capitalism and statesim by the principle of a co-operative system and
a form of trusteeship in all fields of economic activity.

Finally, it desires value-based politics. It means that social and political life should be guided
by a set of norms and values – the abridgement of which should bring forth social sanction
and punishment.

4. Communist Parties
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Both Communist Parties claim Marxism-Leninism as the foundation of their ideology.
According to its constitution, the Communist Party of India is the political party of the Indian
working class, it vanguard, its highest form of class organization. It is a voluntary
organization of workers, peasants and toiling people in general, devoted to the cause of
socialism and communism. The policies and programmes of the CPI cover political,
economic and social spheres.

In the political sphere, it desires restructuring of the federal system in a way so as to ensure
autonomy of the States, abrogation of Article 356 sanctioning President’s rule, abolition of
the office of Governor, introduction of proportional representation with list system,
enlargement of democratic rights of the people, making justice inexpensive and easily
available, ensuring freedom of the press and repeal of all black laws, pursuance of the policy
of peace and friendship with socialist countries.

In the economic sphere, the CPI desires control on monopolies and transnational giants,
nationalization of major industries (sugar, textile, steel, jute and banaspati) and foreign trade,
State take-over of trade in food grains, strengthening the network of public distribution
system, need-based minimum wages for low paid factory workers, encouragement to cottage
and small-scale industries, protection of the trade union rights of the workers, participation of
workers in the management of industry, employment programme for rural workers and
educated youth including unemployment allowance and so on.

In the social sphere, it desires free education of all children up to secondary stage, economic
assistance in matters of education for low income groups, security of the person and honour
of the people belonging to weaker sections, social insurance in the event of accident or
disability, ban on communal and obscurantist organizations, secularization of the polity and
so on. The Communist Party of India-Marxist (CPM) claims itself as the genuine leftist party
based on the ideology of Marxism-Leninism.

It openly accuses the CPI of being a gathering of the opportunists and class collaborationists
working in alliance with feudal-bourgeois elements having their place in the Indian National
Congress.

Its social, economic and political commitments are more or less the same as espoused by the
CPI. However, what is striking about the CPM’s ideology is that it seeks to keep itself in
equidistance from the rightist of the BJP, centrism of the Congress and so called leftism of
the CPI.

B. Regional Political Parties

Since most of the regional parties operate in a particular State, Morris-Jones has preferred to
call them “One-State Parties”. In this connection reference may be made to;

 National Conference in Jammu Kashmir

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  Shiromani Akali Dal in Punjab
 DMK and Anna-DMK in Tamil Nadu
 Telugu Desam and Telangana Rashtriay Samiti in Andhra Pradesh
 Assom Gana Prashad in Assam
 Sikkim Democratic Front
 Shiva Sena in Maharasthra
 Biju Janata Dal in Odisha
 Rashtriya Janata Dal in Bihar
 Samajvadi and Bahujan Samajvadi Party in U.P.
 Indian National Lok Dal in Haryana,
 People’s Party in Manipur and so on.

In some parts of the States sub-regional political parties also exists such as Gorkha League in
West Bengal and Gondwana Party in M.P. A study of these regional and sub-regional
organizations shows that they have now become a force to reckon within the political system
of our country.

It is well pointed out:

“No academic endeavor to analyze or evaluate the dynamics of Indian politics today
can be valid if it ignores what may be described as the regional perspective and fails
to take adequate account of the increasingly critical role played by the regional
political parties”.

The emergence and the increasingly important role of these political parties may be said to be
a consequence of these reasons. First, India is virtually a land of many regions. The fact of
diversity may be noted in respects of languages, customs, cultures and, above all, levels of
social and economic development.

A powerful national party like the Indian National Congress could give a setback to the
destructive forces of regionalism by preaching as well as sincerely sticking to the way of
unity in diversity. But as a result of the decline of this party, regional organizations naturally
raised their head and managed to defeat the Congress in various States of the Indian Union.

Second, these regional organizations successfully exploit the fact of local, regional and
parochial grievances (a narrow outlook or scope). The leaders of these organizations well
thrive on the propaganda of regional imbalance in respect of economic development caused
by the negligent attitude of the Centre.

Last, the rise and growth of such parties is also sustained by the existence of primordial
(earlier) loyalties exploited by communal and ethnic forces. It is for this reason that the
regional leaders fail to broaden their area of operation to other parts of the country. It is a
patent fact that the identity of a regional political party is marked by its area of operation.
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But in the case of some parties we may also take note of their eagerness to improve their
image by establishing links with an all-India Party either for the sake of improving their
electoral prospects or for having a mark of national recognition.

The regional political parties may be called grievance groups for their aim is to thrive on the
exploitation of local and parochial discontent of the people. Very often they demand
amendments in various provisions of the Constitution particularly those which create a strong
Centre in our federal system.

Since politics means struggle for power, even national and secular parties try to establish
links with these regional organization by espousing their cause in an indirect or covert
manner. The leaders of the Janata Dal, BJP, CPI and CPM often make sophisticated
expressions to usher in a true or genuine federal system in the country ensuring autonomy of
the States.

However, the role of regional parties should not be studied with a sense of undue
apprehension in each and every case. There is nothing wrong if a particular party fights for
the interest of its own people without endangering the unity and integrity of the nation. In
case a regional political party can give a better and stable administration to the people of a
particular State by working within the framework of the Constitution of India.

It should be appreciated as a development in the direction of a healthy and viable federal

system. On the other hand, in case a regional political party distorts the provisions of the
Constitution and fails in suppressing anti-national elements, its role should be denounced.

Only in the latter direction, the role of regional political parties should be seen with a sense of
apprehension. One thing is, however, certain that regional political parties have come to stay
like a prominent and durable feature of India’s political landscape. A critical study of the
Indian party system shows that it suffers from certain weaknesses.

5.1.3. Summary

The fact of ideological orientation is missing in most of the parties operating at the national
and regional levels. Leaving aside the BJP on the rightist and the two Communist parties on
the leftist spectrums, all other parties are ideologically neutral organizations more concerned
with their attitude towards personalities than with a clear-cut commitment to some particular
type of social and economic philosophy.

The requirement of the amended Representation of the People Act (that every political party
seeking its registration with the Election Commission must have a constitution of its own
expressing its commitment to Democracy, Secularism and Socialism) has made the line of
distinction between parties further blurred. Frequent events of fragmentation of parties and
then move for polarization of like-minded parties disturbs the stasiological map of the
country from time to time.
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One faces difficulty in preparing a list of all kinds of socialist parties in the country. Above
all, each party is ridden with rampant factionalism. Consequently, the opportunists and
careerists have been able to establish their hold over the organization. In recent years a more
pernicious trend may be noted in the growing nexus between the politicians and the
criminals. The sanctity of elections has been vitiated by the criminalization of politics to a
great extent. These developments stand as powerful barriers in the growth of a healthy party
system in the country.

5.2. Pressure groups in India

Introduction

Like every other democratic political system, several Pressure Groups are actively present in
the Indian Political System. These are exercising a profound influence on the process of
politics, particularly on the policies and actions of the government. Several Interest Groups,
both well-organized and relatively less organized, are using the Pressure System for
influencing the Indian Political System towards an acceptance of their claims.

Pressure Groups in India function in an environment characterized by a multi-party system.

While developing relations with a particular political party (e.g. extending its support) they
also try to maintain relations with other parties. During 1947-89, since the Congress had been
mostly the ruling party in India, the Pressure Groups remained conscious of the need to keep
good relations with it.

However, they always desisted from giving an unconditional support to it. Particularly since
mid-1980s, the Pressure Groups in India have been trying to keep good relations with all the
major national Political Parties. These frequently cut across the boundaries of their real
political character.

5.2.1. Salient feature of the Indian Pressure Group

The operation of parliamentary system in India compels the Pressure Groups to seek the
satisfaction of their interests mostly through the political parties. They try to use their
connections with the ruling party as well as the opposition parties for securing their interests.
The business, trade and peasant groups, all try to use the party system for securing their
interests.

In India, as Rajni Kothari observes:

“The Pressure Groups do not enjoy direct political influence and their role in politics
is not appreciated. They are expected to secure their interests through the political
parties. Pressure Groups in India represent modernity when they use such modern
developed techniques like lobbying, funding of political parties, inducting favorable

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persons in the legislatures and executive departments and cultivation of connections
with the bureaucracy”.

However, along with it they continue to maintain their primordial loyalties-caste loyalties,
family links, and religious loyalties. Most of the big business houses in India are controlled
by families who belong to a small group of castes and whose traditional occupation is trade.
Another salient feature of the Indian Pressure Group System is that political parties always
try to organize their own Interest Groups in various trades, professions and industries.

The Congress has created the Youth Congress. The Communist Party has been maintaining
the Students Federation of India. Akhil Bhartiya Vidayarthi Parishad enjoys the patronage of
Bhartiya Janata Party. The Akali Dal in Punjab has always tried to use the platform of All
India Sikh Students Federation.

Several Indian Pressure/ Interest Groups have been organized for protecting caste and
religious interests. All India Rajput Sabha, Jat Organization, Jain Sabhas, Brahmin Sabhas,
Shiva Senas, Suraksha Samitis, etc., are examples of such Interest Groups which are engaged
in the process of protecting their caste/religious interests.

The Kammas and Reddies have been actively involved in Andhra Politics. Pressure Groups in
India depend more on methods of direct action – Strikes, Bandhs and Gheraos and less upon
techniques like lobbying and propaganda, for securing their interests. They often try to create
law and order problem for the government with a view to pressuring it for accepting their
demands.

Pressure Groups in India, opines Dr. Finer, are less actively concerned with the process of
rule-making. They are more interested in influencing the rule-application process for securing
their interests. Another important feature of the Indian Pressure Group System has been that
several Pressure Groups keep on emerging on the scene and getting dissolved after sometime,
either after accomplishing their particular objectives for which they come into existence or
after a lapse of time they become inactive.

Action committees are formed for running spontaneously organized strikes. Anti-sati groups
and Anti-dowry groups are organized after every incident of crime against women. With all
these unique features, the Indian Pressure Group System is functioning as an important part
of the Indian Political System.

As we have a loose, disorganized and fragmented multi-party system, so we have numerous

groups, big and small, with long as well as ephemeral durations, living in conflict with one
another, appearing and disappearing in response to the prevailing conditions and, above all,
raven with shifting political allegiances.

It presents a very confusing as well as a perplexing spectacle. Though we may make a list of
such groups for the sake of a convenient study, it is a tedious job to prepare their taxonomic
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illustration as most of them may be found cutting across the boundaries of their real political
character. In addition to that, the shifting affiliations of the groups with political parties and
the penetration of the influence of the political leaders into the functioning of these groups
further adds to our difficulty.

The organized groups, like political parties, lack definite political commitments. Their
political loyalties are shifting and that contributes to their unstable political culture. Their
attitudes towards political parties as well as their faith in the strategies and techniques lack
definite commitments in respect of which rigid norms cannot be laid down.

For instance, if we take up the case of the business groups, we may take note of the fact that
they are divided politically and have conflicting views about strategy towards particular
parties and also about the potential consequences of the support that they given to any of the
major parties. Owing to the absence of clear-cut ideological commitments, most of the groups
feel interested in creating conditions of anarchy and lawlessness.

They have less, rather very little, faith in the use of constitutional methods as adopted in
democratic countries. It appears that they have no hesitation in indulging in activities of an
extra-constitutional and unconstitutional nature. Strike is a favorite weapon in their hands that
sometimes assumes the form of bandh (complete closure); demonstrations and long marches
are undertaken.

The groups may unhesitatingly take to the ways of arson and violence causing great damage
to people’s life and property. More than this, recourse to rank militancy may display
overtones of anomie and anti-nationalism. It may therefore, be admitted that violence has
come to occupy a special place in the political process of our country.

The point of bi-culturalism may also be discovered in the political behavior of the groups.
That is, while they try to operate on modern lines, they cannot give up their traditional mores
or primordial loyalties. They may have their registered offices; they may openly or
clandestinely finance political parties and try to induct men of their choice into the legislative
and executive organs of the government, or they may adopt the ways of keeping the
bureaucrats in good humor by paying them in cash or kind. And yet they may not make
themselves totally free from religious, communal, regional, sub-regional or parochial
attachments.

Thus, the elements of traditions as well as of modernity may be traced in the political
behaviors of most of the groups playing their part in the political process of the country.
Above all, the role of the groups can be termed non-autonomous. They prefer to work under
the leadership of some political party and be guided by its directions.

The fear psychosis has its indelible effect so much so that while playing their definite role in
the politics of the country, they not only pretend to be neutral in political matters, they try to
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change the label of their political affiliations in response to the requirements of a rank
opportunistic policy. It enables the ruling party to set the parameters within which the groups
in loyalty towards the parties in opposition have to operate.

5.2.2. Classification of organized groups

As pointed out earlier, organized groups may be horizontally classified as business groups,
labour groups, peasant groups, professional groups and the like. Almond has classified them
as associational, non-associational, institutional and anomic groups. Some groups may also
be termed as religious, communal, tribal, ethnic, linguistic, and cultural.

Reference to a number of business groups or the organizations of the industrialists and

capitalists have three great organization-Federation of the Indian Chambers of Commerce and
Industry with its major constituents like Indian Merchants Chamber of Bombay, Indian
Merchants Chamber of Calcutta and Southern Indian Chamber of Commerce of Madras;
Associated Chamber of Commerce having its major constituents in Bengal Chamber of
Commerce of Calcutta and its lobby (Central Commercial Organization in Delhi) and All
Indian Manufacturers Organization with its headquarters in Delhi and its branches in Calcutta
and Bombay.

It is a paradox that while all business groups detest socialism, they have to support this or that
political party openly subscribing to it as matter of compulsion. Socialism is an instrument of
mass appeal and, for this reason, every political party feels bound to invoke its name in order
to collect the votes of the hungry millions. And yet every party knows that elections cannot
be fought without financial resources that may come from big business houses.

On the other hand, the business houses understand that Indian socialism permits the system of
mixed economy in which their interest remain safe. The business groups contribute to the
funds of the political parties with the hope of getting their support when they are in power.
Pragmatism may be termed as the ideology of the Indian business groups. Most of the
business groups support the party in power as their policy is to salute the rising sun. They
also try to have good relations with important ministers and bureaucrats with obvious
motives.

Weiner says, “Since they have no effective influence on law-makers, Indian businessmen
establish high particularistic relationships with individual administrators, who are appealed
to on the basis of blood relationship (when it exists), personal friendship, or most often
financial rewards”.

The trade unions play the part of pressure groups of the working class. First, such
organizations act like the labour wings of different parties and, for this reason, the
relationship between a trade union and a political party is invariably static.

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For instance, the Indian National Trade Union Congress is the labour wing of the Indian
National Congress; the All-India Trade Union Congress is the labour wing of the CPI; the
United Trade Union Congress is the labour wing of the CPM; the Bharatiya Mazdoor
Prarishad is the labour wing of the BJP; and the Socialists have their Hind Mazdoor Sabha.

Second, the labour groups adopt the methods of strike, gherao (encirclement of the officer
concerned for compelling him to met their demands,) bandh (complete strike),
demonstrations, marches etc. and may go to the extreme of damaging public property by
violent means.

They fight for the security of employment, better emoluments, more bonus, housing and
medical facilities, adequate compensation in the event of death or physical disability of a
worker and so on. The trade union movement in our country is marked by rivalry and
factionalism as a result of which labour groups often fail to have what they struggle for.

The Indian National Congress established its peasant wing (All- India Kisan Congress) that
after some time became All-India Kisan Sabha, The Socialists set up their Hind Kisan
Panchayat and the Communists formed their United Kisan Sabha. All-India Kisan Sammelan
was organized under the leadership of Chaudhry Charan Singh in 1978. Recently some more
organizations have come up as Shetkari Sanghthan under Sharad Joshi and Bharatiya Kisan
Union under Mahendra Singh Tikait.

These peasant groups fight for their own interests like availability of seeds and fertilizer at a
cheap rate, remunerative prices for agricultural products, development of irrigation and
agriculture, rural credit scheme, insurance of crops, supply of electricity at cheaper rates,
representation of the farmers in all decision-making bodies of the government, waiver of
loans given to small farmers, and implementation of the scheme of land reforms.

However, like the groups of the workers, the groups of the farmers have not been able to
assert effectively due to mass ignorance, casteist rivalries, inadequate financial resources, and
rampant factionalism. The lawyers have their bar associations, the medical practitioners have
their Indian Medical Association and also a large number of subsidiary organizations. The
teachers have their own groups. So is the case with other professionals like engineers,
technicians, artists and so on.

The students unions may also be included in this category. The Hindus have their religious
organizations like Bajrang Dal and Vishwa Hindu Parishad, the Muslims have their Jamaat-i-
Islami; the Christains have their Roman Catholic Association; the Parsis have their Anjuman;
the Shiromani Gurdwara Prabandhak Committee protects the interest of the Sikhs; the
Republican Party of India fights for the interest of the depressed classes.

5.2.3. Summary

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Thus, the Indian political system provides considerable freedom to different sectors of society
to make demands upon its operators. The groups articulate their specific interests and the
political parties manage to aggregate them so that the process of accommodation of diverse
interest remains undisturbed. But the unfortunate thing is that the decision-makers do not
understand the gravity of the situation until organized groups take matters to the streets and
public peace is disturbed.

5.3. Major Indian Pressure Groups

Introduction

Multiplicity of Interest Groups is a reality of the Indian society. Ethnic pluralism, socio-
economic-regional diversities and cultural multiplicity have together been responsible for the
establishment of large number of Interest Groups. The advent of industrialization; spread of
education and increasing awareness among the people of India about rights and freedoms
have further given strength to this process.

1. Institutional Interest Groups which function within such organizations as have evolved
from specific occupational interests.

2. Non-associational or Anomic Interest Groups

The first category covers business groups-Chambers of Commerce, Trade Associations and
Unions, Employees Associations, Farmers Organizations, and the second category includes in
Interest Groups based on religion, caste, tribe, language and other traditional social structures.
Besides these two broad categories, there are other groups organized on specific issues that
strive to achieve a single objective and remain organized only till that objective is achieved.
The following are the important and active Pressure Groups in India:

5.3.1. Big Business Groups

This category of groups comprise commercial, industrial and financial interests and its rise
and growth stands linked up with the expansion of commercial, industrial and financial
interests. Business groups/associations are among the largest and the most powerful of all
Indian Pressure Groups. These include a large number of business associations, industrial
associations, regional associations and All Indian Organizations connected with trade and
commerce.

Most important of these are the Federation of Indian Chambers of Commerce and Industry
(FICCI), the Associated Chambers of Commerce and industry (ASSOCHAM), All Indian
Manufacturers Organization, and All India Exporters Organizations. FICCI has been in
existence since 1927 and its aims have been the protection and promotion of indigenous
Indian interests in trade and industry. ASSOCHAM initially emerged as a body of British
industrial and commercial interests in India.
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However, since, 1986, when several FICCI members joined it, and the Indian Merchants
Chamber merged with it, the ASSOCHAM has become more a broad-based and active
organization of big business in India. For securing their interests, these groups lobby with
legislators, ministers, bureaucrats and various economic institutions like the planning
Commission. The big business Interest Groups also use their money power in politics for
securing their interests. Over the years, the big business has emerged as a major force in
Indian economy and politics.

Their influence often outweighs the influence of the labour unions. The Mahalanobis
Committee drew attention to the way in which money deposited by the people had been used
for the purpose of inter-corporate investment and acquiring of control of companies. An
interesting fact about the working of business groups is that though they represent the interest
of the capital, they do not hesitate, rather continuously support the political parties most of
which are committed to Socialism.

Since the adoption of the New Economic Policy in June 1991, with its emphasis upon
liberalization, privatization and globalization, the role of big business groups in the Indian
politics has started increasing and it is expected to increase further.

Trade Unions

There are about 36000 Trade Unions in India. Some of these have been sponsored by the
political parties, while others have come to develop naturally out of the necessity for
protecting the interests of the workers vis-à-vis the capitalists.

Active among these are:

I. All India Trade Union Congress (AITUC)

II. The Indian National Trade Union Congress (INTUC)
III. The Hind Mazdoor Sabha (HMS)
IV. The United Trade Union Congress (UTUC)
V. The Hind Mazdoor Prishad (HMP)
VI. The Centre of Indian Trade Unions (CITU)
VII. The All India Bank Employees Association
VIII. The National Federation of Railway men, and
IX. The National Federation of Post and Telegraph Workers.

These trade unions are very conscious of their rights and they try to protect the interests of
their members. Almost all the trade unions, particularly their federations have links with
political parties. INTUC is pro-Congress, AITUC is pro-Communists, UTUC is backed by
CPM, HMS is pro-Socialist and HMP is pro-BJP. The existence of so many trade union
organizations cuts at the root of unity of the working class in India.

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The INTUC is pro-Congress and when the Congress is in power, it works for securing
workers support to it and, therefore tries to avoid strikes. The UTUC and HMS depend more
upon bandhs and gheraos as methods for securing their interests. Analyzing the working
pattern of the four major trade union federations, Weiner observes: “If under action is the key
note of Congress Unions, militancy is the key note of all others”.

Peasant Organizations

With nearly 75% of available Indian work force engaged in agriculture, it is but natural for
the agricultural groups, associations, unions and organizations to play an important role in the
process of politics. All India Kisan Sabha, Hind Kisan Panchayat, United Kisan Sabha,
Workers and Peasants Party, Kshetkari Sangathan, Bhartiya Kisan Union and Bhartiya Kisan
and Kamgar Union are the important peasant organizations which are active in the Indian
Political System.

These organizations are active in different regions of the country but they try to put pressure
on the Central Government because important agricultural policies and decisions are annually
fixed by the Central Government. These organizations are now trying to become more active
actors. They have begun resisting the dominance of policy-making in India by the urban big.

In the recent past, they successfully compelled the Central Government to withdraw cuts on
several subsidies which have been available to the agriculturists. The BKU is now trying to
become an All Indian Organization but it is still struggling. However, the peasant
organizations do not have a national level organization, like the FICCI.

Associations like All India Kisan Congress and All India Agriculturist Federation do not
qualify to be really admitted as national level associations or federations because they too
have been organized on territorial basis. Most of them stand organized as regional or local
unions. This feature limits their operation ability. The division along caste line and party lines
also adversely affects their working nature.

Caste Groups

Of all the groups based upon the traditional structure of Indian society, the caste groups are
the most politically significant groups. Caste continues to be the most important political
force in India. Caste continues to be a determinant of political behavior of the Indians. In
particular it is a major determinant of electoral behavior and voting behavior.

The Caste organizations like Scheduled Castes Federations, Vanniyakul Kshatriya Sangam,
Jat Sahba, Aggrawal Sabha, Gujjar Sabha, and Gujarat Kshatriya Sabha are active actors in
the Indian politics. Caste associations play a useful role in providing channels of
communication and basis of leadership and organization to all such people who continue to
follow the traditional way of life.
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Religious Groups

India is a land of several religions. The multi-religious character of the society has been
instrumental in giving rise to several religious Pressure Groups and organizations. Anglo-
India Christian Association, Jammat-e-Islami, Arya Samaj, Brahmin Sabhas, Catholic
Bishops Association, Hindu Maha Sabha, Shiva Sena, SGPC, the Chief Khalsa Diwan,
Vishwa Hindu Prishad, Hindu Suraksha Samiti and other are religious Pressure Groups.

They have always tried to influence the government policy. And have become highly self-
conscious and politically conscious groups and have even started filling their candidates in
elections. Scholars like Dr. A.S. Narang, prefer to describe such associations as groups based
on traditional structure of Indian Society.

Student Associations

Since 1928 when a student organization was formed in Punjab by Lala Lajpat Rai, several
student groups and organizations have been active in India. In contemporary times several
such organizations–National Students Union of India, Students Federation, Akhil Bhartiya
Vidyarthi Prishad, Progressive Students Union, Janata Yuva Morcha, Bharatiya Janata Yuva
Morcha, Youth Congress, All India Sikh Students Federation, Jamaat-e-Tulba, and several
others, are actively involved in the political process. The lowering of the voting age from 21
to 18 years has further encouraged them to play a more active role.

Most of the student organizations have committed links with the political parties, e.g., Akhil
Bhartiya Vidyarthi Parishad is a supporter of BJP and Bhartiya Janata Yova Morcha is also a
BJP sponsored Yuvak group. The Youth Congress supports the Congress, and All India Sikh
Students Federation has links with the Akali Dal.

A Political Party, when in power, usually tries to convince its youth organization to avoid
party politics. However, when in opposition it tries to capture power by troubling the ruling
party though its youth organization or to increase its influence through the activities of its
youth organization.

Linguistic Pressure Groups

Several Pressure Groups in India have been organized mainly for furthering the development
of a particular language such as the Tamil Sangh, the Anjuman Urdu Taraqqi, the Hindi
Protection Parishad, the Punjabi Sahit Shabhas and the Sahitya Sammelan are Linguistic
Pressure Groups.

Women Organizations

The need to secure the emancipation of women in India has given rise to the organization of
several women conferences, and Sabhas. The Anti-Dowry Council, Women Welfare Sabhas,
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Nari Sudhar Sabhas, Mahila Mandals, Council for the Protection of Rights of the Women,
Women Liberation Organizations, and Sathins can be characterized as women pressure
Interest Groups that are engaged in the process of securing the due rights and liberties of the
women as well as for creating a healthy environment committed to encourage the process of
women uplift in India.

Professional Groups

Several Professional Interest Groups like All India Bar Association, All India Medical
Council, and All India Federation of University and College Teachers Organizations are also
active in India. These professional groups put forward their problems and needs before the
government and try to secure favorable governmental policies as can help them to protect and
develop their professional interests.

Tribal /Regional Groups

With a view to secure the development of their regions and the satisfaction of their regional
interests several tribal Interest Groups have been active in the Indian Political System. United
Mizo Federal Organization, Trial Sangh of Assam, Tribal League of Assam, Naga National
Council, Jharkhand Mukti Morcha, GNLF, and All Bodo Students Union are examples of
Tribal/Regional Pressure Groups in India.

5.3.2. Interest Groups

Gandhism has been a popular ideology in India. Several Interest Groups committed to secure
the realization of several ideas put forward by Gandhijee are actively pursuing the Gandhian
objectives. For this purpose, they often compel the government to allocate them fund and
other facilities. The Sarvodaya Samaj, the Seva Sangh, Khadi Ashrams, Prohibition Councils,
Gandhi Peace Foundation and several other groups are Interest Groups based on the
Gandhian Ideology.

In addition to the above listed eleven categories of Pressure Groups there are hundreds of
other Interest Groups in India. The organization of Adhoc Interest Groups and Anomic
Interest Groups e.g., Action-committees, Strike Groups, Rasta Roko Groups, and Anti-
repression groups is a standard practice in India. They are organized spontaneously for
fulfilling a particular need or interest. And get dissolved either after getting their demands
fulfilled or when they fail to secure their demands and get diluted and dissolved.

Along with these organizations like Citizen Council, Nagrik Sabhas, Citizens for Democracy
and Nehru Yuvak Kendra are acting like Pressure Groups. Now Non Resident Indian
Associations-NRI Sabhas, are being established for protecting their interests in India. Thus, a
large number of Pressure Groups are present in India. They always try to influence
government policy and action in favour of their interests.
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Myron Weiner is of the view that organized Interest Groups do have much impact on the
formation of public policy in India but to a large extent this influence has been a negative
one. Largely, the Interest Groups in India try to influence the administration rather than the
formulation of policy. There is truth in this observation but only in part.

5.3.3. Summary

Pressure Groups in India are gradually coming up to the performance of their expected role in
interest articulation, interest aggregation, rule-making and rule-application processes of
politics. They are also acting as agencies of political socialization and recruitment by
developing into well organized and active Pressure Groups in the Indian Political System.
Their actual role in the Indian Political System depends upon their size, nature of
organizational structure, level of unity and discipline among the members, qualities of
leadership and financial resources. The rich, well organized and active Pressure Groups, e.g.,
the Business Groups are currently exercising a high degree of influence on government
policy. The Workers Union, Trade Unions, and Peasant Organizations are also becoming
more and more influential by virtue of their big representative bases.

In the years to come, Interest/ Pressure Groups are likely to play a more active role in the
Indian Political System. The growing popular dissatisfaction with the working of political
parties is destined to strengthen the role of Interest Groups in the Indian Politics. Political
Parties in India are becoming more and more conscious of this possibility and hence are
trying to cultivate their relations and links with several well organized Pressure Groups. On
their part, the Pressure Groups can positively energize their role in India by becoming less
agitation-minded and more lobbying minded, and by directing their energies towards
developmental activities with a sense of responsibility and commitment.

5.3.3. Review Questions

Q1. Discuss the important features of the Political Party System in India.

Q2. Briefly describe the policies and programmes of Indian National Congress.

Q3. Write about the organization and programmes of Communist Party of India.

Q4. Discuss the patterns and trends of electoral politics in India.

Q5. What is regional party? What are the reasons for the development of regional
parties in India?

Q6. Discuss the role of Pressure Groups in electoral politics.

5.3.4. Further Readings

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1. Party and party politics in India – Zoya Hassan

2. The Government & Politics of India – R. Thakur

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Unit – 6
Social Movements & Political Mobilization – Caste, Gender and
Ethnicity
6.1. Social Movement

Introduction

A social movement is a mass movement and a collective attempt of people to bring about a
change, or to resist any change. The concept central to any social movement is that people
intervene in the process of social change, rather than remaining mere spectators or passive
participants in the ebb and flow of life.

People seek to become proactive actors in altering the course of history. In order to achieve
their aim of making a difference to the world they live in, they either initiate or become a part
of collective action. Individuals consciously act together with a sense of engagement in a
common enterprise.

Social movements possess a considerable measure of internal order and purposeful

orientation. It is, in fact, this organization that strengthens the movement to challenge the
established institutions. A social movement can be described more or less as a persistent and
organized effort on the part of a relatively large group of people to bring about or resist
change.

Definitions

According to Herbert Blumer, “Social movements can be viewed as collective enterprises to

establish a new order of life. They have their inception in the condition of unrest, and derive
their motive power on one hand from dissatisfaction with the current form of life, and on the
other hand, from wishes and hopes for a new scheme or system of living”.

According to Doug McAdam, “Social movements are those organized efforts, on the part of
excluded groups, to promote or resist changes in the structure of society that involve
recourse to non-institutional forms of political participation”.

According to Encyclopedia Britannica, “A social movement is a collectivity or a collective

enterprise. The individual member experiences a sense of membership in an alliance of
people who share his dissatisfaction with the present state of affairs and his vision of a better
order”.

According to Smelser, “Collective movements refer to collective efforts to modify norms and
values, which frequently (but not always) develop over longer periods of time”.
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There are significant differences between collective action and movements. Forms of
collective action such as riots, revolts, and revolution involve violent group outbursts. Some
collective actions (crowds and riots) are generally unstructured and short-lived, whereas
rebellion, revolution, and movements are more structured.

All social movements are collective actions, but all collective actions need not necessarily be
social movements. A social movement may lead to, or transform itself into a revolution. It
may or may not be a mobilization of people against the state or system of governance, and
may or may not involve violence. It generally mobilizes members or participants to seek
redressed of a grievance, or to struggle for specific goals and objectives.

They often involve only a particular section of a population and manifest themselves only in
a part of society. Social movements refer to a sustained and continuous collective action over
a long period of time and generally aim at and result in change.

6.1.1. Characteristic features of a social movement

As such, some of the characteristic features of a social movement are:

a) The sense of belonging and group consciousness is very important for a social
movement. Such consciousness can be brought about through active participation of
the group members.
b) Social movements lead to the creation of an entirely new social, economic, and
political order.
c) Most of the social movements tend to develop a new set of ideas, which become
obligatory for the members of the group to adopt and follow.
d) It is obvious that the social movements involve collective action rather than individual
action.
e) Social movements may be organized or unorganized.
f) Social movements may be peaceful in nature or they may also turn violent.
g) The aim of a social movement is to bring about or resist social change in the society.
h) The life of the social movement is not certain. This is because it may continue for a
long period or it may die out soon.

6.2. Political Mobilization

Introduction

It is a process by which a group goes from being a passive collection of individuals to an

active participant in public life. Such groups may be based on caste, class, religion, ethnicity
or nationality, gender and specific issues like nuclear disarmament. A group may also arise
questioning the legitimacy of the existing regime.

6.2.1. Meaning and nature

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Political mobilization is the study of how and to what extent groups are mobilized politically
or electorally in a democratic political system to influence who govern or how they do so and
where they become disenchanted with the normal democratic machinery or in the absence of
opportunities for real political participation, groups of citizen are mobilized for political
actions like, strikes and demonstration or rebellion. The ruling class also tries to mobilize the
people behind the regime to strengthen the authority of the government.

It has been applied, in particular, to the studies of social movements, national movements,
rebellion, revolution and electoral politics. It is also applied to the study of populism which
refers to any political movements which seeks to mobilize people as individuals rather than as
member of particular socio-economic groups against a state which is considered to be
controlled either by vested interest or too powerful in itself.

Political mobilization is purposive; it has a goal. Effective political mobilization depends on

the range of resources that have to be mobilized by groups and the way in which such
resources are deployed, and the actions of the state authority to limit such resources.

Politically relevant resources are:

 Education and the access to it gives to information

 a particular social outlook or ideology which defines a social or a political issue and
problem in terms of right and wrong,
 and offers a guide for action to redress the wrong;
 Leadership;
 Money and the ability it gives to afford time for political activity,
 Communication networks, symbol;
 Commitment of the participant to the cause.

6.2.2. Summary

All the factors are seen crucial in the success or failure of political mobilization to achieve its
goal. It is one of the basic elements of a living democracy and may be catalyst of democracy
and change in authoritarian regime. It played crucial role in historic revolutions and anti-
colonial national movement. It has been a crucial factor in various social movements in
modern times. Mass mobilization was also used by extreme right reactionaries.

Fascism in Italy and Germany came to exist by mobilizing the masses. It belonged to an era
of a democratic and popular politics which traditional reactionaries deplored. Fascism
glorified in the mobilization of masses and maintained it symbolically in the form of public
theatre.

6.3. Caste movements in India

Introduction

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The caste system in India is the paradigmatic ethnographic example of caste. It has origins in
ancient India, and was transformed by various ruling elites in medieval, early-modern, and
modern India, especially the Mughal Empire and the British Raj. It is today the basis of
educational and job reservations in India. The caste system consists of two different concepts,
varna and jati, which may be regarded as different levels of analysis of this system. The caste
system as it exists today is thought to be the result of developments during the collapse of the
Mughal era and the rise of the British colonial regime in India.

The collapse of the Mughal era saw the rise of powerful men who associated themselves with
kings, priests and ascetics, affirming the regal and martial form of the caste ideal, and it also
reshaped many apparently casteless social groups into differentiated caste communities. The
British Raj furthered this development, making rigid caste organization a central mechanism
of administration.

6.3.1. Nature of Caste movements

Between 1860 and 1920 the British segregated Indians by caste, granting administrative jobs
and senior appointments only to Christians and people belonging to certain castes. Social
unrest during the 1920s led to a change in this policy. From then on, the colonial
administration began a policy of divisive as well as positive discrimination by reserving a
certain percentage of government jobs for the lower castes.

In 1948, negative discrimination on the basis of caste was banned by law and further
enshrined in the Indian Constitution however the system continues to be practiced in India
with devastating social effects.

Caste-based differences have also been practiced in other regions and religions in the Indian
subcontinent like Nepalese Buddhism, Christianity, Islam, Judaism and Sikhism. It has been
challenged by many reformist Hindu movements, Islam, Sikhism, Christianity, and also by
present-day Indian Buddhism. New developments took place after India achieved
independence, when the policy of caste-based reservation of jobs was formalized with lists of
Scheduled Castes and Scheduled Tribes.

Since 1950, the country has enacted many laws and social initiatives to protect and improve
the socio-economic conditions of its lower caste population. The backward class consist
mainly the lower castes and Harijans. With the establishment of British rule and spread of
modern humanistic idea of new awareness had developed in India against the oppressive
nature of caste system. The activities of the Christian missionaries to win converts among
lower castes and the various socio-religious reform movement among the Hindus further
contributed to the growth of awareness among the lower caste against Brahmin’s domination
and the oppressive natur of the caste system. This led to the emergence of various backward
class movements in early 20th century.

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The British Government also lent support to these movements in order to weaken the freedom
struggle. Some of the important backward class movements which grew in early 20th century
were Dravidian Movement, SNDP Movement and Mahar Movement. According to M.S.A
Rao these backward class movement were transformative in nature.

6.3.2. Types of Caste movements

1. Dravidian Movement

With the spread of Christianity and the western education, the non-Brahmin in the Madras
presidency region developed a new awareness as a result of which resentment started
growing among them against the domination by Brahmin and other higher castes in
profession as well as in politics, especially the Congress Party. They believed that, if they had
to make successful careers, the domination of Brahmins in professional and political life had
to be first overthrown.

By 1914 this conflict between the emerging non-Brahmin urban middle class and the
establishment of mostly Brahmin middle class and upper class took a sharp turn. The non-
Brahmin caste uniting themselves and the Non-Brahmin Manifesto published in 1916 was
followed by the formation of South Indian Association in 1917. After the Montague
Chelmsford Reforms ‘South-Indian Association’ was converted into Justice Party to counter
the political influence of the Congress.

However the Justice Party was a party of urban educated professional middle class elite in
nature and therefore failed to build a mass base. Soon after, the self-respect movement was
founded in 1925 by E.V. Ramaswami Naicker. The self-respect movement was based on the
Dravidian ideology to save the non-Brahmin from the tyranny of Brahmin who were
considered Aryans.

The self-respect movement aimed at removing the control of Brahmin from the social and
political level and sought to wean (un-accustomed) the people away from the Puranic
(ancient literature) ritualistic Hinduism necessitating the presence of Brahmin priest. It
considered the Brahmin as the symbol of all exploitation.

This movement was successful in appealing to the masses and acquired a mass following
finally; the self-respect movement and Justice Party were merged in 1944 to form Dravida
Kazhagham headed by Naicker. It adopted a militant mass agitational strategy and advocated
an egalitarian ideology condemning the caste system.

Later on in 1949, due to difference between the Naicker and C. N. Annadurai who led the
younger section in the Dravida Kazhagham, there was a spoilt leading to the formation of
Dravida Munnetra Kazhagham. The majority of the rank and file of D.K. joined the DMK.
Initially the support base of DMK consisted of the lower middle class, students; lower castes
like Nadars Marwars and Adi; Dravidians and unemployed youth and so on.
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Cinema was one of the effective media which was used by DMK to propagate its ideology
and win a mass base. A consequence of the DMK was the decline in the domination of
Brahmins in Tamil Nadu, a new sense of release and freedom among the lower castes.
However, later on as DMK tried to capture power, it gradually abandoned its reformist zeal
and even the demand for creation of a separate Dravidian Nadu and acquired a character of
one of the mainstream political parties with a rational support base.

2. SNDP (Sri Naryan Dharma Pratipalan Movement)

This movement was lunched among the Izhavas of Kerala by their leader Narayan Guru.
Traditionally, Izhavas were untouchable castes of Toddy Trappers e.g. they had to stay away
thirty four (34) feet from the Namboodhar - Brahmins. They suffered from many other
disabilities both social and ritual. They were denied access to Hindu temples or to the bathing
tank of Hindus. Their women were not allowed to cover their breast or to wear any footwear,
nor could they build Pucca house.

In the later part of the 19th century with the spread of modern humanistic and secular ideas
and also the spread of egalitarian -ideas through Christianity, Izhavas came to view their
situation as one of the deprivation and exploitation. Under the charismatic leadership of Sri
Narayan Guru they rejected Brahminical domination and developed a new interpretation of
Hinduism. According to M.S.A Rao, they adopted the strategy of withdrawal and self
organization.

The new ideology was based on the principle of self-respect, honour and worth of individual.
It was an ideology of protest against the Brahminical values system of hierarchy and
population. S.N. Guruswami established a parallel source of legitimacy by establishing new
institutions like temple priest, monk and monasteries.

Later T.V. Madhavan led the Vaikum Temple Road Entry Movement in 1927, under the
patronage of Mahatma Gandhi. After the two years of sustained Satyagraha, the Izhavas were
granted the right to use the road which ran near the Vaikum Temple which was owned by
upper caste. This was a historic victory against orthodox ideas-of population.

Thus, the leaders of the movement were able to achieve for their followers all the basic rights
in the field of religion, education, employment and politics. The SNDP movement
represented one of the most successful attempts of the untouchable castes to alter the
traditional balance of power besides improving their own positions. It also demonstrated that
it was possible to remain within the fold of Hinduism and yet escape from the stigma of
untouchability. The new awareness arose among Izhavas tribes. The movement motivated
them to take to modern education which in the long run enabled them to access to the modern
occupation and professions which carried high rewards in terms of prestige and wealth. Thus
Izhavas as a community successfully raised their status in the society.

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3. Mahar Movement

Mahar are numerically significant caste of Maharashtra who was traditionally considered as
untouchable. Normally, they were allocated menial task like sweeping, digging groves,
removing carcasses of dead animals, cutting woods and playing music on ceremonial
occasion in the village. They were denied access to civil amenities like wells, school and
even service of Brahmins and Barbers.

In the early 20th century, the Mahars started organizing themselves to fight against
discrimination and to prove their status. They held conference in 1902 and insisted on
recruitment to military and police service. They were helped by the leaders of Non-Brahmin
movement in Maharashtra, especially by the depressed class Mission (1906) established by
U.R. Shinde.

The mission started separate schools and hostels for Mahars. Also, the efforts made by
Mahatma Gandhi for the abolition of untouchability and overall impact of freedom struggle
created new social awakening among them. Later on, leadership for upliftment of Mahars
was started by B.R. Ambedkar, a Mahar lawyer educated at the Columbia University.

Ambedkar provided a new movement and a radical turn of Mahar Movement. He rejected the
Gandhian approach relying on change of the heart of caste Hindu and of incorporating the
Harijans in the Sudra Varna; instead he adopted a new strategy of aggressive protest and
resorted to political action.

He demanded separate electorate for the Harijans and during the late 20s, and early 30s
several Satyagrahs were held for gaining entry into Hindu temple and Manusmriti was burnt
to show their indignation against orthodox Hindus. Ambedkar was responsible for the various
Constitutional provisions for the welfare of untouchables including the policies of
reservation.

However, Ambedkar was disillusioned about the possibility of the Mahars or Harijans in
general, being able to improve their condition within the fold of Hinduism. Thus, he decided
to abandon Hinduism altogether and along with five lakhs Mahars embraced Buddhism. The
ideology of Mahars Movement was different from that of SNDP movement. While the former
relied on total rejection of Hindusim, the latter at interpretation of Hindusim.

The reason for adopting Buddhism was its egalitarian ideology. Thus Mahars could escape
the stigma of untouchable and other forms of discrimination. Moreover, the collective
mobilization of Mahars in the course of social movement created a new awareness among the
Mahars regarding their educational, economic and political rights. They took to modern
education in large numbers which enabled them to secure the new occupation in the urban
areas. Thus the overall social status of the Mahars was raised.

6.4. Gender/ Women’s movement in India

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Introduction

It is well recognized that women are victim of many domestic crimes since ancient time. To
tackle such situation and enhance the position of women, numerous woman movements were
started. It is said that women's movements are among the most important crusade of modern
social movements. Historical records indicated that since 19th Century, Canadian women's
suffrage campaigns to recent direct actions for sustainable development in India, wherever
women's movements have been established, national organizations and local grassroots
groups have worked together to support women and girls.

6.4.1. Historical development of Gender movements

Diverse, even conflicting, compassions of women's interests rise from differences in gender,
race, class, cultural, religion, and sexuality, as well as from global divisions of wealth and
power. However, the rifeness of oppression against women has resulted in formation of
international women's movements with common agendas, linked to struggles for sovereignty,
democracy, and secures livelihood around the world.

To honour woman, March 8th is celebrated around the world. It is considered as a historical
day, an icon of the struggle waged against mistreatment and oppression by women all over
the world, for over a century. It is a day to express and demonstrate collective strength and to
renew struggle of women for equality and justice.

When appraising the ideologies of women movements, it is specified that within the women's
movement, there have been different understandings of patriarchal oppression and its
outcomes and, therefore, also varied strategies to combat it. Some organizations have small
intellectual groups while there have been some that have had mass support.

Feminist movements include women's rights movements focusing on the goals of equal rights
under the law and equal access to education, careers, and political power; women's liberation
movements that challenge cultural patterns of male dominance in the family and personal life
through strategies that raise the awareness of women of their own subjugation, often within
the context of women-only groups.

Black feminist movements address racism along with sexism; and socialist feminist
movements look women's empowerment as tied to the role of government, labour, and civil
society in safeguarding the rights of all citizens to equity and social security. The
campaigners in feminine movements tend to be working-class women organizing to address
problems of poverty and sexism and their overwhelming effects on the health and well-being
of their families.

Womanist, a term invented by the writer Alice Walker, refers to the confidence, strength, and
wisdom of African-American women based in their cultures and long struggle to support
their children and communities and to end racism and all forms of prejudice.
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Religiously diverse, multilingual, and caste-divided India also has one of the most vibrant
and many stranded women's movements in the world. One of their primacies is challenging
patriarchal religious practices, while at the same time respecting religious differences.
Another is lessening the poverty and insecurity of women and their families. It is found in
reports that the women's upliftment period began in the late 19thcentury, first among elite
Hindu men and women and, later, Muslims. Besides stressing education, they called for
reform of the practices of widow remarriage, polygamy, purdah (the veiling and seclusion of
women), property rights, and sati (the ritual suicide of widows).

To curb these sinful acts made by society's traditional leaders or heads, Women established
their own autonomous organizations, the most important of which was the All India Women's
Conference (AIWC) in 1927. In 1934, when AIWC introduced a bill for equality in marriage,
divorce, and property rights, they drew upon the nationalist rights discourse and after
independence in 1947, women were granted Constitutional equality.

However, the Hindu, Islamic, and other religious communities retained jurisdiction over
family law. In 2nd phase of women empowerment, grass-roots organizations formed and they
focused not only upon gender but also upon caste, class, and culture as roots of women's
persecution. The groups in this movement were associated with grass-roots labour, labourer,
and tribal movements as well as leftist opposition parties.

6.4.2. Types of Gender movements

Among their activities were protests by tribal women in the Toilers' Union in Maharashtra
against alcohol-related domestic violence and by the Chipko movement of poor women in the
Himalayas to protect their forest resources and highlight women's unrecognized economic
contributions.

The Self Employed Women's Association (SEWA)

A union of women working such as street vendors and rag-pickers and in home-based
industries established the first women's bank for poor women. Thus, women's participation in
movements has been in four major forms namely:

 For social, economic and political rights of specific categories of people like tribal,
peasants and industrial workers.
 For improvement in conditions of work and autonomy to women.
 For equal remuneration for work.
 In general social movements on issues affecting men and children like abortions,
adoption of children, sexual exploitation.

Stree Mukti Sangharsh (Women's Liberation Struggle)

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Sustainable, grassroots development as a precedence of Indian women's movement

organizations is demonstrated by the organization like Stree Mukti Sangharsh (Women's
Liberation Struggle). They envisaged development that promotes equality between men and
women and overcome the economic and environmental consequences of the rural areas
precipitated by large multinational corporations whose focus on short-term gains had created
unsustainable forms of development.

In the decades of 1970s, autonomous, openly feminist women's movements ascended. These
groups were annoyed by the dismissals of cases of girls raped by police and by religiously
sanctioned violations of women's human rights. Their campaigns refocused on violence
against women, dowry deaths (the murder of brides for their dowries), sex-selective abortions
and sati.

Anti-feminist movements

The success of women's movement organizations has met with an anti-feminist repercussion,
which calls upon familial, communal, and religious identities to try to push back women's
gains. Since poverty and insecurity raised the flame of reactionary fears, the feminist tactic of
promoting grassroots-based sustainable development is a double-edged one. It addressed both
the economic independence of women and the long-term security and well-being of the
whole community.

Many writers has emphasized the need to look into Indian traditions and try to separate the
devastating aspects from the points of strength within the cultural traditions, and start using
the strengths to transform the traditions. Indian cultural traditions have remarkable potential
within them to combat reactionary and anti-women ideas. If only people can identify their
points of strength and use them creatively.

Gabriele Dietrich criticized that the use of religion has been ignored by women's movements
as an obscurantist hangover. She feels that the women's movement needs to go into the
cultural question more profoundly. The effort to give women a new sense of identity beyond
family, caste and religion needs to grapple with the problem of cultural identity and
continuity.

It is reasonably easy to point out what has been oppressive and destructive of women in
cultural. It is a fact that there is a gap. Traditional idioms and symbols are also creatively
used to liberate women from subservient positions in the social system. In that context, there
is a debate on Gandhi's role during the freedom struggle to bring women into the political
domain.

Vina Mazurndar, Devaki Jain and others perceive Gandhi as a great liberator who embraced a
revolutionary approach to enhance the status of women. Malavika Karlekar argued that
Gandhi developed the tradition of a new feminity.

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Traditions and symbols are also competently used by the champions of status quo to mobilize
women in the public area. Culture and traditions are conceptualized in a way to reinforce the
women's position submissive to the male. Community rights based on traditional religious
codes are emphasized over citizens' rights.

Women are organized and mobilized to defend and disseminate traditional institutions with
patriarchal authoritarian structures and value systems. Hindu women organizations
supporting Hindutva ideology demand a Common Civil Code which has in practice a Hindu
bias. The Mahila Morcha of BJP observed, 'We conceptually differ from what is termed as the
women's liberation movement in the West.'

We require a sort of re-adjustment in the social and economic setup. No fundamental change
in values is desirable. Women in India do not have comfortable place within the household,
and the society. That has only to be re-established and reaffirmed.

For the champions of this position, tradition and values are derived from Brahminical
scriptures rather than custom and usage. This is being done for the elimination of political
opponents and the establishment of saffron power.

The Sangh Parivar

It protected the sati system and formed the Rani Sati Sarva Sangha which canvassed and
mobilized women for the celebration of sati. They stolen a slogan used by women's liberation
movements:

'Hum Bharat ki nari hain, phool nahi, chingari hain' (We, the women of India, are not
flowers but fiery sparks).

Some of the leaders (both male and female) of the Parivar motivated their women members
to be rebellious and challenge male supremacy. Amrita Basu observed that the message these
leaders convey is that women can assume activist roles without violating the norms of Hindu
womanhood or ceasing to be dutiful wives and mothers. The support of prominent men in
religious and political life not only legitimates their roles but also bridges the rift between
good citizens and devoted wives and mothers.

In theoretical studies, it is well shown that communal riots in different parts of the country
provide enough evidences of women's participation on communal lines. These organizations
use traditional symbols and idioms not only to reinforce patriarchal values but also
successfully mobilize large numbers of women of one community against another.

The riots dealt a severe shock to the principle that women have a separate existence away
from their communal identity where people can debate problems of rape, divorce and
maintenance on common platform. The women's movement does not stand in isolation and is
an integral part of other social movements.

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Many scholars categorize women's movements according to their theoretical perspective. On

the basis of the ideological paradigm Gail Omvedt organized women's movements into two
types namely:

 Women's equality movements and

 Women's liberation movements.

First category may not directly challenge the existing economic or political or family
structure, but rather aim at accomplishing an equal place for women in it, and at abolishing
the most open remnants of feudal patriarchy, whereas the women's liberation movements
directly challenge the sexual division of labour itself.

Jana Everett grouped women's movements on the basis of two different ideologies of
feminism. They are:

 Corporate Feminism - claiming a larger role in politics for women on the grounds that
they have a special contribution to make as women and
 Liberal feminism - claiming that the rights of men should be extended to women on
the grounds that women are equal to men and thus should have the same rights.

Kalpana Shah divides the women's movements into three categories on the basis of their
approach towards elucidating women's unequal positions in the modern society and ways to
liberate them from subjugation. They are:

 Moderate or Women's Rights Position

 Radical Feminism, and
 Socialist Feminism.

Sangari and Vaid make a distinction of women's movements into two theoretical categories
namely:

 Modernizing of patriarchal modes of regulating women, and

 Democratizing of gender relations both at home and the work place.

These theorists stated that movements by working class and peasant women have a greater
potential for democratizing patriarchal power relations than the modernizing movements. In
general, Women's movements in India are divided into periods. They are:

 Social reform movements during the freedom movement.

 The movements from 1947 till 1975, and
 The movements emerging during and after the International Women's Decade.

6.4.3. Phases of women’s movements

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Social reform phase

The women's movement in India can be deliberated in terms of its two phases, the social
reform phase and freedom movement phase. There is a discrepancy between pre-
independence and post-Independence women's movements in India. The pre-independence
movements were fundamentally about social reforms and initiated by men.

Comparatively, the post-independence movement demanded gender equality, questioned

gender-based division of labour and highlighted the oppressive nature of the existing
patriarchal structure.

After India gained independence from British rule in 1947, the Congress party formed the
Government. The government made certain attempts to fulfill the promises it had made to
women during the pre-independence period, and also in the initial period after independence.
While framing the Constitution of India, it included the very important aspect of equality of
men and women in all provinces of life.

Article 14 of the Indian Constitution states that, "The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India".

Article 15 states that, "The State shall not discriminate against any citizen on grounds only of
religion, race, sex, and place of birth or any of them”.

Article 15(3) states that, "Nothing in this article shall prevent the State from making any
special provision for women and children".

Article 16 states that, "There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State".

Freedom movement phase

The formation of the Self-Employed Women's Association (SEWA) was undoubtedly the
first attempt made to form a Trade Union attached to the Textile Labor Union in Ahmedabad.
It was formed in 1972 at the initiative of Ela Bhatt, and was an organization of women who
were involved in different trades, but shared a number of common features and work
experiences, low earnings, extremely poor working, harassment from those in authority, and
lack of recognition of their efforts as socially useful work.

Major objective of SEWA is to improve the working conditions of women through a process
of training, technical aid, legal literacy, collective bargaining, and to teach values of honesty,
dignity and simplicity, the Gandhian goals to which SEWA subscribes. The anti-price rise
agitations in Maharashtra were the direct result of the drought and famine conditions that
affected rural Maharashtra in the early 1970s.

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These led to a sharp price rise in urban Maharashtra. In 1973, the United Women's Anti-Price
Rise Front was formed to mobilize women against inflation. There was mass women's
movement for consumer protection and the demand was for the government to fix minimum
prices and to distribute essential commodities. Large groups of women, between 10,000 -
20,000 hold demonstrations at government offices, houses of Members of Parliament and
merchants, and those who could not get out of their homes would express their support by
beating thalis (metal plates) with lathis or belans (rolling pins). This movement spread to
Gujarat, where it was called the Nav Nirman movement.

In Gujarat, the movement started as a student's movement against spiraling costs, corruption
and black marketeering. Soon, it became a great middleclass movement and thousands of
women joined it. The methods included mock courts where judgments were passed on
corrupt state officials and politicians, mock funeral processions, and processions to greet the
dawn of a new era.

Women started participating in increasing numbers in the Naxalbari movement in West

Bengal and the Naxalite movement in Andhra Pradesh, the Navnirman youth movement in
Gujarat, and the Chipko Movement. The Shramik Mahila Sangathan (Working Women's
Organization), the Progressive Organization of Women, and the Mahila Samata Sainik Dal
(League of Women Soldiers for Equality) were some of the organizations that emerged
during this period.

Significant landmark for the liberation of women empowerment is mainly because of the
UN’s consideration against maltreatments of women, UNO declared international women's
decade (1975-1985), this declaration gave women a new trend in their viewpoint, and Indian
women were influenced by this declaration and changed their perspective in movement.

Anti Rape movement

One of the important movements was Anti Rape movement. Women's rights movement in
India gained a national appeal with an anti-rape movement in 1980. Its origin lay in the
excesses committed by the state repressive machinery during the Emergency Rule in India
from 1975 to 1977. The anti-rape movement is a socio-political movement which is part of
the movement whose objective is to struggle violence against the abuse of women. The
movement seeks to change community attitudes to violence against women such as attitudes
of entitlement to sex and victim blaming, as well as attitudes of women themselves such as
self-blame for violence against them.

This movement happened when a new conceptualization of rape arose out of 2nd wave
Feminism. Rape was discussed as an issue of civil liberty. Anti-Rape Movement was
popularized when some organization took the issue as primary concerns to work out those
organizations are:

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 Mahila Dakshita Samiti (MDS)

 Stree Sangarsha Samiti (SSS)
 Socialist Women's Group
 Feminist Network Collective (FNC)
 Purogami Sangatana
 Stree Sakti Sangatana
 Pennurumi Iyyakum, and
 Some AUTONOMEOUS Women's Organizations they fought and conducted mass
rally regarding some dreadful rapes cases.

Some of the important rape cases that lead to mass rallies are the gang rape by police on a
beggar woman called Lakshmi in Punjab, the cases of Rameezabee and Shakeelabee in
Hyderabad raised public furry. Democratic rights organizations and journals also brought into
light the cases of gang rape in Pathnagar, Rajahar, Agra, and Bhojpur.

It was in this time the highlighted Mathura rape case came to light, Mathura was a 14 year
old girl was summoned to the police station late in the night at Chandrapur near Nagpur in
Maharashtra, two police constables raped her and session court of Nagpur alleged Mathura as
"Loose of Morals" and declared police as innocent.

The High Court convicted the rapists and lashed to seven and half year imprisonment. This
gave birth to nationwide anti-rape demonstration. From every corner of the country, women's
group demand for law amendments. One of the important organizations named Freedom
without Fear Platform (FWFP) fought and the laws amended and introduce new Anti-Rape
Law.

Anti Arrack Movement

Another important women's movement was Anti Arrack Movement. It was one of the historic
and most significant movements in the decade of 1990 by women. The women's movement
against social evil, the movement was started in a small village called Dubagunta in Nellore
district. The main reason for this movement was the successful literary mission of Nellore
district.

In Dubagunta village Rossamma was the leader who gave slogan 'Give up Drink and Wake
up from Ignorance'. They stopped Arracks (local liquor) from making it. Anti-arrack
community with 24 members blocked the roads conducted dharnas. Renuka Chowdary as the
chairperson of Anti arrack community played a pivotal role in this movement. In 1st October
1993 arrack was prohibited because of the movement and on 1stJanuary 1995 selling liquor
became offensive.

Anti-Dowry Movement

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It was also breakthrough in the wave of women liberation. It emerged around 1979
continuing through till 1984. It was largely urban based yet nationwide in scope not just in
rhetoric but also in the active participation of woman across classes in the country. In 1974
the Committee on the Status of Women in India (CSWI) and later the parliamentary joint
select committee found two things that one is female child election or identification and
second is prevailing dowry.

Dowry has spread to all castes, communities, religions, and regions. Dowry has to come to
include the entire character of gift exchange between the two groups. By 1982 women's
organization were insisting that majority of young bride death is due to the reason of dowry
or suicide is because of the insisting dowry problems.

Some organization like Mahila Daksataha Samiti, National federation of Indian Women, All
India Democratic Women's Association, NARI RAKSHA SAMITI, came forward to oppose
the system by possessing the dishonorable murder of Sudha Goul. In 1983 High court
sentenced husband death penalty and mother in law, brother in law as life imprisonment. In
1984 government amended the dowry bill and further implementation was in 1985 October.

Dalit Women's Movement

One of the major important movements was Dalit Women's Movement. The Dalit Mahila
Samiti (DMS) is the organizational name for a movement of Dalit women in the north Indian
state of Uttar Pradesh (UP). DMS is supported by Vanangana, a feminist NGO that has its
roots in the Mahila Samakhya (MS) program, which was launched by the Government of
India in the late 1980's to empower women through the popular education approach.

The Mahila Samakhya staffs were given a firm grounding in feminist thinking, and trained in
grassroots mobilization and leadership based on feminist empowerment principles. Dalit
movements fight against untouchability, Casteism and economic exploitation exists in India
since 1920s.

Dr. Ambedkar, Mahatma Gandhi and E.V.R. Periyar have made historical contributions
towards the abolition of the monstrous crime of untouchability. Despite the fact that India
constitutionally abolished the practice of untouchability in 1950, the practice continues in the
constitution's 52nd year and violence has become a defining characteristic of the abuse.

The government needs to take strong steps to end untouchability. In the end of 80s, Dalit
women progressively started arguing that their needs, difficulties and aspirations were rarely
accounted for by both movements. They felt the need for a separate platform and emerged as
a recognizable group of Dalit women's movement in the early 90s.

National Federation of Dalit Women

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During this period, three Dalit Women's Organisations were created on national level. In
1987, Manorama, President of Women's voice, an organization helped to organize the first
national meeting of Dalit women in Bangalore and it gave rise to the National Federation of
Dalit Women in 1995 and that was protesting in Durban at the antiracism conference from
August 31st to September 7, 2001.

It revealed and demanded that caste discrimination be considered and condemned on par with
racism. The All India Democratic Women's Association (AIDWA), a national women's
movement organized a convention on Dalit Women's Rights against Untouchability and
Oppression to support the causes of Dalit women.

The National Conference on Dalit Women held in 1999 brought out a report on Dalit
Women's rights and status in India. The position of dalit women in Tamil Nadu is dejected.
Dalit women's movements have taken numerous efforts to improve their situation.

All India Democratic Women's Association (AIDWA)

It took the initiative to organize women in different parts of India especially in Tamil Nadu.
In September 2000, a dalit women's conference was organized by Tamil Nadu Dalit Pengal
Iyakkam (Tamil Nadu Dalit Women's Movement) mobilizing nearly 10,000 dalit women
from all over the state.

The conference deliberated various issues such as untouchability, caste atrocities, the impact
of globalization on dalit women and violence against women during caste clashes. The
conference inherited a separate identity for dalit women and made them aware of their rights.
Tamil Nadu Dalit Pengal Iyakkam (Tamil Nadu Dalit Women's Movement) organized a state
level meet in Erode on eradication of untouchability, in November 2001.

6.4.4. The All India Women's Conference (AIWC)

AIWC was huge women organization. It was established in 1927 to function as an

organization dedicated to the upliftment and betterment of women and children. The
organization continues its task and has since expanded into various social and economic
issues concerning women. In the 80thyear of service to the nation, over 156000 members in
more than 500 branches of AWIC across the country carry on the work zealously with
selfless dedication.

AIWC is popular in the world over as a best organization working for women's development
and empowerment. AIWC was registered in 1930 under Societies Registration Act, XXI of
1860. The main objectives of the organization are:

 To work for a society based on the principle of social justice, personal integrity and
equal rights and opportunities for all.

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 To secure recognition of the inherent right of every human being to work and to
achieve the essentials of life, which should not be determined by accident of birth or
sex but by, planned social distribution.
 To support the claim of every citizen to the right to enjoy basic civil liberties.
 To stand against all separatist tendencies and to promote greater national integration
and unity.
 To work actively for the general progress and welfare of women and children and to
help women utilize to the fullest, the Fundamental Right conferred on them by the
Constitution of India.
 To work for permanent international amity and world peace.

6.4.5. Summary

In conclusion, Women's movements are planned efforts made by women's associations to

bring about impartiality and freedom for women. The status of women has been the main
concern of many reform movements before and after independence. It is well known that the
Indian society is innumerable society with caste, religion, ethnicity and gender as some of the
important dimensions influencing politics and the development of the society. It is argued by
many scholars that gender has been a key issue in the history of the nation since the
beginning of British colonial rule over India.

Gender, and the term "women" has been used to both front and confront issues of equality in
the society. The colonial rulers used gender, and they considered as vicious and barbaric
patriarchal practices towards women, as a justification for the rule forced on India. The
gender issue has been the basis of women's movements in India mobilizing against violence
and discrimination, and for improved living conditions and their human rights, amongst other
Leaders of the Brahmo Samaj and the Arya Samaj were concerned with issues like sati,
remarriage, divorce, female education, purdah system, polygamy, and dowry. Some
researchers have scrutinized the role of women in political independence movements at micro
level.

After independence, an energetic although uneven women's movement has taken shape in
India. Women from diverse castes, classes and communities have participated in the
movement along with activists drawn from a variety of political trends, parties and group
belonging to various philosophies making the movement highly heterogeneous. It is reviewed
that Women's movement in India especially after post-Independence formed a new type of
challenging movement of social problems and struggle for the social equality.

6.5. Ethnic movement in India

Introduction

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India is characterized by more ethnic and religious groups than most other countries of the
world. Aside from the much noted 2000-odd castes, there are eight major religions, 15 odd
languages spoken in various dialects in 22 states and 9 union territories, and a substantial
number of tribes and sects. Three ethnic or religious conflicts have stood out of late: two
occurred in the states of "Assam and Punjab; another, the more widely known Hindu-Muslim
conflict continues to persist.

6.5.1. Ethnicity movement in Assam

The Assam problem is primarily ethnic; the Punjab problem is based on both religious and
regional conflicts, while the Hindu-Muslim problem is predominantly religious. Of the three
conflicts mentioned, Assam has attracted the largest attention of late. Not since the 1947
partition of India have so many people been killed and uprooted as a result of ethnic or
communal violence. By most available reports now, mob violence has claimed four thousand
lives, rendered about 200,000 homeless, and forced a large number to leave the state for
protection elsewhere.

The immediate occasion of this bloodshed was the election held in February, though conflict
and tension have been present for the last three years. In Assam, three culturally disparate
groups have been in collision: the Assamese, the Bengalis (both of which have segments of
Hindus and Muslims) and the tribals, which are localized communities.

Assam has the highest rate of population growth in India since the beginning of this century.
Migration into the state accounts for a substantial part of this growth. Most migrants came
from Bengal, including what is now Bangladesh (known as East Bengal before the 1947
partition and East Pakistan from 1947-71). Bengali migrants were both Hindus and Muslims.
Bengali Hindus started arriving after the British created tea plantations in the middle of the
19thcentury. Because of their educational advantage over Assamese, they were better suited to
man the growing administrative and professional machinery.

Bengali Muslims on the other hand, were mainly peasants. They originated predominantly in
East Bengal, a highly populated area with low agricultural productivity and a fragmented
landholding pattern incapable of supporting large families. In contrast, Assam was less
populated, many areas were unsettled, and there was less pressure on the land. Bengali
peasants made large tracts of waste, flooded and forested land habitable and productive along
the southern bank of the Brahmaputra River, an area that is also populated by indigenous
tribal groups, especially the Lalung. Overall Bengali dominance began to manifest itself in
various ways. They held urban professions, their language was more developed and widely
used in Assam, and their educational and even numerical superiority became more than
evident. With the halting spread of education in the 20thcentury, the Assamese middle class
slowly emerged, and with the growth of the Assamese middle class, the seeds of what has
been called "little nationalism" were sown in Assam.

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After the partition of 1947 and the transfer of a very large Bengali Muslim district of Sylhet
to East Pakistan, the Assamese middle class came to power for the first time in about a
century. Through expanded educational programs and the use of Assamese as a language in
the university, this newly acquired power, electorally buttressed, was used to consolidate the
position of the Assamese middle class against Bengali dominance in administrative services
and professions.

On the other hand, the various tribes on the lower ranges were less developed than both of
these contending communities. Depending on the preponderance of one or the other in their
local context, they felt pressured, even exploited, culturally, economically and politically by
both groups. Despite the existence of an international border, the migration from East
Pakistan continued alongside migration from West Bengal.

There is considerable dispute over the actual magnitude, but the most comprehensive
estimate shows that between 1961 and 1971 the proportion of Assamese declined for the first
time and that of Bengali speakers increased; between 1971 and 1981 itself, as many as 1.2
million migrants were added to a population of 14.6 million in 1971.

Moreover, the number of registered voters increased dramatically from 6.5 million in 1972 to
8.7 million in 1979, a rise which cannot be totally attributed to the coming of voting age to
the previously ineligible. This last discovery of the Election Commission was, in fact, the
starting point of the present phase of the organized student movement supported by large
sections of the Assamese middle class.

The movement has wide-ranging demands including development of Assam and greater share
of benefits from its rich national resources, including oil, for the Assamese. Why the issue of
deportation of "illegal aliens" has come to be the focus of the movement needs some
explanation. Despite the general anti-Bengali sentiment, the expulsion of migrants that came
from West Bengal - these migrants are predominantly Hindus - could not be brought about
legally or politically.

Inter-state movement and residence are perfectly legal in India, and the Assamese economy
and society, despite the antagonism, is inextricably linked with West Bengal. On the other
hand, the post-1947 place of origin of migrants from Bangladesh, largely Muslim, makes
them "aliens" and their migration, for political purposes, can be called illegal. The students
thus found a ground for demanding their expulsion.

Additionally, these Muslim migrants provided unstinted support to the Congress Party, now
represented by Mrs. Gandhi, and the party in turn patronized them, so much so that local
politicians of the Congress Party seem to have put aliens on the electoral rolls irrespective of
whether or not they had Indian citizenship. It is in this atmosphere that the elections were
called. Mrs. Gandhi has been heavily criticized in India for her decision to call the elections.

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Two considerations seem to have gone into her decision: her need for an electoral victory due
to the reverses her party had suffered in recent state elections, and her intention to negotiate
with a new set of elected leaders who would possibly be more pliable than students on the
issue of aliens. Large-scale violence and destruction of lives, property, bridges, and various
other resources resulted. In addition to the predictable attacks on Bengalis in the towns, there
were massacres in which first pro-election Boro tribals attacked Assamese villages at Gohpur
and later, in the worst massacre witnessed in independent India, another tribe, the anti-poll
Lalung, reportedly with Assamese support, killed scores of Bengali Muslims in Nellie.

The spread of urban conflict to villages seems to be partly a result of the emergence of
support for leftist parties in the previous elections. The land reform-oriented agrarian
program of the left and its attempt to create a base in the Muslim peasantry seems to have
antagonized the Assamese landlords and wealthier peasantry. The most popular party of the
left, the Communist Party Marxist (CPM), is in power in West Bengal and therefore is
associated with Bengalis.

6.5.2. Ethnicity movement in Punjab

Starting in August 1980, mounting communal tension between Hindus and Sikhs in the state
of Punjab led to violent clashes. Unlike Assam, Punjab is a state with the highest per capita
income. It is the seat of the Green Revolution in India, whose biggest beneficiaries have been
the rich Sikh peasants. In Punjab, Sikhs are a majority, and Hindus, a minority.

Although religious symbols have been used for the mobilization of Sikhs and the secessionist
slogan of Khalistan (a sovereign state of Sikhs) has been raised, the Sikh's charter of
demands, drawn from the Anandpur Sahib Resolution, has strong economic and political
components, unlike in Assam where the issue of aliens has sidelined economic demands. The
major religious demands by the Sikhs, including greater radio time for religious broadcasts
over federally controlled radio, and a separate legislative act for Sikh religious shrines, were
granted by New Delhi.

The major political demands are greater powers, including financial, for the states vis-a-vis
New Delhi. A commission has been appointed to review these demands. The economic
demands include a greater share of river waters for irrigation and larger central investment in
the industrial sector of Punjab. The territorial and the waters issues are the only unsettled
points left. Other demands, minor at present, may later assume importance. The agitation
continues unabated.

Punjab has the best irrigated agriculture in the country is not enough for the rich peasant;
while 1.4 million hectares in Punjab are canal-irrigated, two million hectares are dependent
on tube wells. Due to its power and diesel needs, tube well irrigation, is three to nine times
more costly. The prosperity of the rich peasantry has thus slackened.

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Other developments have occurred. Landlessness has increased from 17.3 percent in 1961 to
32.1 percent in 1971 and later. The landless, mostly Untouchables and low caste Hindus and
Sikhs, have also become politicized by the leftist Agricultural Labor Union. Sikhs in urban
trades are neither economically nor numerically as dominant as the Hindus. And finally, the
proportion of Sikhs in the Army has fallen from 35 percent to 20 percent.

Amid these mounting uncertainties, religion both divides and unites. For the rich Sikh
peasantry, faced with Hindu traders on the one hand and politicized labor on the other,
religion performs a useful role. It unites the Sikh trader, who is also opposed to the Hindu
trader and the low caste Sikh laborer by dividing the agricultural labor into low caste Sikhs
and low caste Hindus or Untouchables. Religious slogans appeal to the religiosity of the
insecure small Sikh peasant and the un-politicized Sikh laborer.

It is unlikely that these links would have automatically led to political action without the
mediation of political parties. This mediation did not simply reflect the emerging socio-
economic divisions; it deepened them. The two main rural parties, the ruling Congress and
the Akali Dal, a party dominated by the rich Sikh peasantry have contributed much towards
this deepening. Scholars have noted the schizophrenic character of Punjab politics. It has a
"dual political system and a dual political area," one secular and the other religious and
confined to Sikhs.

Since the exhaustion of the green revolution in Punjab, this is the first time that Akalis have
not been in power. Although they had their first relatively stable rule from 1977 to 1980,
Congress returned to power in 1980. The Akali elite, when in power, did not take up any of
its present demands with New Delhi where its partner in electoral alliance, the Janata Party,
ruled, but soon after the rival Congress returned, agitations were launched in support of the
demands.

The power implications seem reasonably clear, unless the enhanced economic power of the
rich Sikh peasantry is matched with political power, peace will be difficult to maintain in
Punjab. Either political power should compensate for the halt in its economic prosperity, or
greater economic incentives must return as expressed in the river waters issue. Interests of the
Akali political elites have thus coincided with those of the discontented peasantry.

Religion is a particularly effective vehicle of political mobilization in such a situation, for

that alone can prevent the increasing differentiation in the Sikh community from fragmented
and weak political expression.

Most of all, the conflict between India and Pakistan kept the roots of the communal tension
perpetually alive and pushed Muslims into the unfortunate situation of defending their loyalty
to India. Even 72 years after independence, the problem has not been overcome; Hindi-
Muslim riots have in fact increased in the last few years. It would be wrong, however, to
conclude that the entire Muslim community in India has been under pressure.
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First, even though a minority (according to the 1971 census, 11.2 percent of the Indian
population was Muslim as opposed to 61.2 percent caste Hindus), Muslims are in a majority
in one state and constitute 13.5 to 24 percent population in five states. There are 39 districts
in India in which they comprise from between 20 percent to 94 percent of the population.
Many cultural differences exist among them.

Only 45 percent speak Urdu and there are caste and sect divisions. As many as 73% live in
villages only 27% lives in urban areas. This is particularly important, after 1947 the Hindu-
Muslim riots occurred for the most part, in urban centers. Most of these towns are
modernizing, middle-size towns such as Aligarh, Moradabad, Meerut, Ranchi, Baroda,
Hyderabad, Trivandrum.

In the big and/or industrialized cities such as Bombay, Delhi, Ahmedabad, the communal
fury, whenever it has erupted, has remained confined to the older parts of the city. Villages
have remained largely undisturbed. Acute communal consciousness occurs largely in the
middle class; its most fertile bases lie in the lower middle classes of growing middle size
towns of sizeable Muslim populations.

Discrimination exists at other levels in other parts of the country. Decline in the status of
Urdu in north India, widespread use of Hindu mythologies and symbols in school textbooks
and continuing controversy over the foremost educational institution of Muslims, the Aligarh
University, have indeed done much to provoke Muslim fears.

Evidence that the police and administrative machinery in recent riots have sided with violent
Hindus has further deepened widespread feelings of discrimination. The emerging character
of electoral politics had made matters worse. Communal Hindu parties apart, even the ruling
Congress Party, professedly secular, has, since independence, had a dualistic character.

The secular strain in the Congress was represented by Nehru but the communal strain was
also present in the form of Patel, India's first Deputy Prime Minister, and was more
pronounced at the provincial level. Nehru's stature kept the communal strain in check, but in
the seventies, the party machinery has been taken over by the new generation of leaders,
whose power and mobilization is based less on secularism or socio-economic programs and
more on exploiting caste and religious divisions at the local levels.

6.5.3. Summary

In conclusion, it is easier to outline these problems than suggest what should be done about
them. In a situation of mutual distrust, almost any solution will generate controversy. Still,
three solutions seem plausible. First, further decentralization of power to states would be of
considerable help. This would partly address the problems in Punjab and Assam, both of
which have complained of the gap between the resources they are entitled to and the
resources they actually process.

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Second, a conscious attempt needs to be made to improve the educational attainment and
economic level is easily demonstrated of Muslims whose socio-economic backwardness is
easily demonstrated. The Muslim elite could do much in this respect. Special educational
privileges are constitutionally sanctioned but they ought to be worked on. Modern liberal, as
opposed to religious, education would be of great help. The government, for its part, could
allay the apprehensions of the Muslim community by better representing Muslims in the
police and paramilitary forces.

Third, the secular leaders, to the extent that they exist, must make a sustained effort to
reintroduce and deepen secular, socioeconomic concern in democratic politics. Partisan
communal leaders and communal electoral mobilization, both within and outside the
communal parties, but particularly within the ruling party, should be exposed. Aware
leadership - political, social and intellectual - has to work for this political reconstruction.
Definitive resolution of problems may be inordinately difficult but substantial alleviation is
not.

6.5.4. Review Questions

Q1. Define Gender. Discuss the significance of Gender Movement in India.

Q2. Write a short note on the role of Caste in Indian Politics

Q3. Briefly discuss the nature of Students’ Movements in India.

Q4. Define Ethnicity. Discuss some of the important ethnic movements in India.

6.4.5. Further Readings

1. Protest and Change, Study in Social Movements – T.K. Oommen

2. Land, Caste and Politics in Indian States – G. Omvedt

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Question Bank – University

3/EH-1s (iii) (syllabus-2016)

2019

( October )

POLITICAL SCIENCE

( Elective/ Honours )

( PSC-03 )

( Indian Political System )

Marks : 75

Time : 3 hours

The figures in the margin indicate full marks for the questions

Answer any five questions

1. Discuss the historical basis of the Indian States. 15

2. Critically evaluate the Fundamental Rights of the Indian citizens. 15

3. Explain the m4jor areas of tension in Union-State relations. 15

4. Discuss the composition, powers and signilicance of the Rajya Sabha. 5+6+4=15

5. Examine the policy of liberalization and its impact on the Indian economy. 8+7=15

6. Discuss the role of regional political parties in Indian electoral politics. 15

7. Discuss the major features of land reforms in India. 15

8. Define gender. Discuss the significance of gender movement in India. 5+10=15

9. Define Pressure Groups. Discuss the role of Pressure Groups in the electoral politics.

5+10=15

10. Write short notes on any three of the following: 5x3=15

a) Judicial activism
b) Federal features of the Indian Constitution
c) Role of caste in Indian politics
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d) Powers and functions of the Speaker of the Lok Sabha
e) Directive Principles of State policy

***

3/EH-1s (iii) (syllabus - 2016)

2018

( October )

POLITICAL SCIENCE

( Elective/ Honours )

( PSC-03 )

( Indian Political System )

Marks : 75

Time : 3 hours

The figures in the margin indicate full marks for the questions

Answer any five questions

1. Discuss the Ideological basis of the Indian Constitution. 15

2. Explain the federal features of the Indian Constitution. 15

3. Explain the objective and significance of the Directive Principles of State Policy. 5+10= 15

4. Enumerate and explain the importance of Fundamental Duties incorporated in the Indian
Constitution. 7+8= 15

5. Describe the Composition and powers of the House of People. 5+10= 15

6. Discuss the legislative relations between the Centre and the States in India. 15

7. Outline the major achievements and limitations of land reforms in India. 8+7= 15

8. Discuss the various economic changes as a result of liberalization in India. 15

9. Examine the role of caste in Indian politics. 15

10. Write short notes on any three of the following: 5x3= 15

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 a) Judicial review
b) Gender issues in India
c) Role of pressure groups in Indian politics
d) Right to freedom in India
e) Relevance of national political parties in the era of coalition politics.

***

3/EH-1s (iii) (syllabus-2o16)

2017

( October )

POLITICAL SCIENCE

( Elective/ Honours )

( PSC-03 )

( Indian Political System )

Marks : 75

Time : 3 hours

The figures in the margin indicate full marks for the questions

Answer any five questions

l. Discuss the historical basis of the Indian States. 15

2. Examine critically the Fundamental Rights as mentioned in the part III of the Constitution
of India. 15

3. Briefly discuss the composition and functions of the Lok Sabha. 5+10=15

4. Explain the major issues which have led to tension in the relations between the Centre and
the States in India. 15

5. Discuss the achievements and drawbacks of land reforms in India. 8+7 = 15

6. Examine the policy of liberalization and its impact on the Indian economy. 8+7=15

7. Discuss the patterns and trends of electoral politics in India. 15

8. Discuss the role of pressure Groups in electoral politics. 15

9. Define Gender. Discuss the significance of Gender Movement in India. 5+10=15

10. Write short notes on any three of the following: 5x3=15

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 a) Ideological basis of the Indian States
b) Judicial Activism
c) The Directive Principles of State policy
d) Role of Caste in Indian politics
e) Devices of Parliamentary proceedings

***

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Model Answers – Descriptive

Q1. Discuss the directives principles of state policy in India and examine their
significance.

OR

Discuss the directive principles of state policy in the Indian constitution. Explain their
purpose and significance.

Ans. The Directive Principles of State Policy is a novel feature of the Indian constitution. We
borrowed this idea from the constitution of Ireland. These principles are contained in Part IV
of the constitution. They embody the principles or objectives and ideals which the Union and
States Governments must keep in mind while formulating policy and making laws. The
Directive Principles are affirmative instructions to the government to do certain things. The
Directive Principles embody the ideals of a welfare state.

The Directive Principles constitute a manifesto for securing the socio-economic foundations
of Indian democracy. Directive Principles of State Policy are not legally enforceable in any
court. Nevertheless, the constitution declares that they are fundamental in the governance of
the country and it shall be the duty of the state to apply these principles in making laws.

Part IV lists several Directive Principles from Articles 36 to 51. They can be broadly
classified into four categories: Socialistic Principles; Gandhian Principles; Liberal Principles;
and General Principles.

Socialistic Principles

This category includes those Directive Principles which aim at securing a welfare socialist
state in India. Most of the Socialist principles are contained in Articles 38, 39, 41, 42 and 43.

 The state shall try to secure the welfare of the people by securing a social order
characterised by justice.
 To provide adequate means of livelihood to all citizens.
 To secure equitable distribution of material resources of the community for common
good.
 To operate the economic system in such a way as to prevent the concentration of
wealth and means of production.
 To provide equal pay for equal work for both men and women.
 To protect the health and strength of the workers, men and women, to protect the
children from entering a vocation unsuited to their age or strength.
 To protect children and youth against exploitation and against moral and material
degradation.

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 To secure right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement and other similar cases.
 To make provisions for securing just and humane conditions of work and for
maternity relief.
 To secure to all workers work, a living wage, condition of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural activities.
 To secure participation of workers in the management of industries.

Gandhian Principles

The Directive Principles which intended to give a shape to Gandhian ideals are:

 To organize Village Panchayats and endow them with adequate powers and authority
and make them powerful units of self government.
 To promote cottage industries on an individual macro-operative basis in rural areas.
 To promote with special care the educational and economic interest of the weaker
section of the people, the scheduled castes and scheduled tribes in particular and to
protect them from social injustices and all forms of intoxicating drinks and drugs
which are injurious to health
 To bring about prohibition of the consumption of intoxicating drinks and drugs which
are injurious to health
 To organize agriculture and animal husbandry on modern and scientific lines small
business exploitation.

Liberal Principles

This set of Directive Principles contains liberal principles like:

 To secure for the citizens a uniform civil code throughout the territory of India.
 To provide for free and compulsory education for all children until they complete the
age of fourteen years.
 To secure the separation of the Judiciary from the Executive.
 To provide free legal aid to the poor so that justice is not denied to any citizen
because of poverty.

General Principles

The general principles which are including in the Directives Principles of State Policy are:

 To protect and improve the environment and to safeguard the forests and wildlife.
 To protect every monument or place or object of artistic or historic interest from
spoliation, disfiguration, destruction, removal, disposal or export.
 To promote International peace and security.

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 To maintain just and honorable relations between nations.
 To foster respect for international law and treaty obligations in the dealings of
organized people with one another.
 To encourage settlement of international disputes by arbitration.

By the 42nd and 44th Amendments to the constitution live new Directive Principles were
added to Part IV. These include:

Article 39 clause (1) provide that the state shall direct its policy towards securing for the
children opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that children and youth are protected against exportation and
material abandonment.

Article 39 (A) provided that the state shall secure that the operation of the legal system
promotes justice and provide free legal aid to the poor and other disabled citizens.

Article 43 (A) has been inserted in order to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.

Article 48 (A) lays down that the state shall endeavor to protect and improve the environment
and to safeguard the forests and wildlife of the country.

Article 38 Clause (2) provides that the state shall, in particular, strive to minimize the
inequalities in income, and endeavor to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of people, residing in
different areas or engaged in different vocations.

Thus, Part IV of the Constitution lays down the Directives Principles which the state is
expected to realize through effective legislation.

Significance of Directive Principles of State Policy

Conscience of the Constitution

In the words of Justice Ledge and Justice Mukherjee, the Directive Principles constitute the
conscience of the constitution. Their task is to fix certain social and economic goals for
immediate accomplishment by bringing about a non-violent social revolution. Through such a
revolution, the constitution seeks to realize the basic needs of common man and to change the
structure of society. It aims at making the people free in the positive sense.

Mirror of Public Opinion

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The inclusion of Directive Principles in the constitution reflects the will of the people whom
the Constituent Assembly represents. Every Government has to respect those instruments of
instructions which are called Directive Principles. No government can ignore them. Though
these principles are not enforceable by the court, yet the people will judge the performance of
every political party in the light of the implementation of these Directive Principles. Thus, we
can see that the real sanction behind these Principles is the attentive public opinion.

Provide for a Welfare State

The Directive Principles clearly lay down the philosophical foundation of welfare polity and
make it a responsibility of the state to secure it through welfare legislation. These also
provide that a welfare polity means the securing of justice, i.e., social, economic and political
for all the people.

Importance as Moral Ideas

Directive Principles are certainly of the nature of moral ideals. But this does not lessen their
significance. Through these principles the founding fathers placed before the nation the goals
and ideals which are to be achieved through future legislation. Government is always made
and managed by the people. Therefore, just as people have a moral code which guides their
behaviour, similarly there is every justification for a moral code designed to guide the
political behaviour of men who form and run the government of the state.

Directive Principles constitute a Guide for the State

The inclusion of Directive Principles in the constitution was governed by the decision to
provide a direction to the government as to how to make laws, plans and policies for the
purpose of securing justice. This was the reason which made the founding fathers lay down
that these principles were essential in the governance of the country.

Source of Continuity in Policies

The Directive Principles are a source of continuity in the policies of the government. In a
democratic set up, the government changes after regular intervals and each new government
has to make policies and laws. The presence of Directive Principles guarantees that every
government will exercise the law making and executive power on the basis of these
principles. Thus every government has to accept these as fundamental principles in the
governance of the country.

The Directive Principles represent a proposal of the aims and goals of the nation. These
replicate the intelligence of the founding fathers, the goals of the freedom struggle and the
demands of national public opinion. These specify into clear-cut goals the objectives stated in
the preamble to the constitution. These reveal the philosophy of the constitution and hence
provide useful help to the courts in their job of interpreting the constitution.

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Minimizing Competitive Economy

The Directive Principles aim at minimizing the effects of competitive economy. If free
competition is allowed to dominate life, the poor are bound to go to the wall. Only the rich
and the strong will survive. The Directive Principles aim at promoting the spirit of co-
operation and mutual aid in society so that every individual irrespective of his caste, creed,
sex, birth, etc. may get a chance to lead a decent standard of living.

Directive Principles as beacon to the Courts

Although these Principles cannot be enforced by courts, yet they serve as standards for the
judges and influence their interpretation of laws. Since they are part of the constitution and
are accepted as guiding principles of state policy, they have both a sanctity and constitutional
force. They are bound to affect indirectly the attitude of the judges at the time of interpreting
the state laws.

Assertion of noble principles

Although Directive Principles of State Policy lack legal force and have no legal remedies, yet
they appear to be like a device of training to all authorities in the government and thus
reminding them of the basic principles of the new social and economic orders which the
constitution aims at building. These principles are but an extension of the preamble of the
constitution which bases the authority of the constitution on the solemn resolve of the people
to secure to all its citizens justice in the social, political and economic fields, liberty in all
spheres, equality of status and opportunity and above all fraternity assuring the dignity of the
individual and unity of the nation.

Thus the incorporation in the constitution of Part IV which contains the Directive Principles
of State Policy has been a welcome, worthwhile and useful decision. It provide for a
necessary and ideal foundation for the Indian polity as a democratic and welfare polity. The
securing of Directives Principles alone can complete our democratic system, supplement the
fundamental rights and build a welfare polity characterised by Justice, Liberty, Equality and
Fraternity.

Q2. Discuss the major patterns and trends of electoral politics in India.

Ans. The Indian constitution granted to every adult Indian citizen who is above 18 years of
age, the right to vote. Right from the time India gain independence till today, that is, from
1947 to 2007, India has experienced 14General Elections to the Lok Sabha besides elections
to various State Legislative Assemblies, District Councils, Municipal Bodies, Panchayats,
etc. During those early years, majority of the people were illiterate and therefore, were not
equipped to play a positive role as free citizens in a democratic society. The elections were by
and large free and fair as well as peaceful.

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Indian experience is inspiring because of the inexperience of the people and the illiteracy of
the voters, India is the largest democracy in the world. Elections here generally take place
once in five years. In order to be able to exercise their franchise, the voters name must be
included in the Electoral Roll. Candidates for elections are selected by the party high
command. They may also contest as independent candidates. In order to contest in the
election the candidate must fulfill all the requirements as laid down by the legislative organ,
the Parliament. Apart from this, they must also deposit a certain amount of money as security.

The government will refund the security if they secured at least 1/6th of the valid votes
polled. If not, their security deposit will not be refunded. The Election Commission has been
given the power to prepared the electoral rolls and to revise them from time to time, to
supervise, direct and control all matters pertaining to election, to notify the date of election, to
settle disputed regarding election matters and to conduct elections for the post of President,
Vice President, MP and MLA elections.

Pattern and trends of electoral politics

Elections in India have undergone many changes. Electoral politics have become so much
competitive that one needs to be very popular and more communal than ever before. The
personality and image of the contestant is of very much importance. The factors of
regionalism, communalism, caste etc. have played an increasing role in election.
Criminalization of politics and muscle power is also on the increased. On top of all these
factors, money has played the most important part in electoral politics in India. The voting
behaviour of the people is being influenced, apart from these mentioned factors, by the
insurgency or militant groups which existed in the area concerned.

Political leaders uttered their concern for the poor and the needy in order to influence the
masses in their favour. Now-a-days film stars are also joining politics and this is not a healthy
trend of development. The traditional born politician with certain ideology and principles has
been replaced by the people from other profession. Today electoral alliance has become
predictable because different political parties are fragmented and they cannot stand on their
own. No political party has any condition in making electoral alliances or adjustment with
other political parties. They can even pass by their ideologies just for hunger for power and
popularity.

Some political leaders has become very popular because they identify themselves with the
poor, the backward section of the community, the different religious groups, the various
linguistics group minorities, the ethnic groups, etc. to improve their personality as well as
image of the party. Electoral politics in India has become very costly. Large amount of
money is spending not only on election campaign but also to bribe the voters, so as to make
them vote for a particular candidate. In India we find that the rich people are always hand in
hand with the politician before and after the elections.

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Generally we find that it is the rich who are very active in forming the government after the
elections are over. Mal-practices in electoral politics are all the time more alarming. There is
a connection between politicians and criminals, and it is the rich who always control
everything. There is always a complaint that those who conduct elections in the states are
unfair and bias. The participation of the people in the diverse elections held in all parts of the
country is increasing. People are aware of the importance of their votes. The increase has
been from the women section in both the rural areas and the urban areas.

But in spite of this, there are some sections in the society who are not willing to participate in
electoral politics. They argued that political leader say something else and do something else.
Thus it is clear from here that political leaders do not strictly follow their principles and they
mainly depend upon the rich to capture votes for them. It is a seeing fact the political leaders
make use of the factors of religion, language, community, caste, money, etc. just for the sake
of winning the election.

The illiterate and poor people vote not for the policies, plans or programmes of the political
party but on the basis of religion, caste, community, linguistic, regional, ethnic or cultural and
above all money. On the part of the electorate they must show some keenness and awareness
of the outcome of elections. They should engage and interest themselves in political matters
and involve themselves in political activities.

In India, politics has not become an object of affective direction for the electorate, as they
decline to be drawn in the election meetings. On the one hand, the citizen's votes probably
because he is manipulated by a power hungry politician, and on the other hand, citizen's
participation is based on his feeling and understanding as to why one should participate in
politics and what would one get from it.

So from here we can understand that the trend in India has been towards the electorate's
expectation of rewards and benefits from those local influential political leaders who
manipulate his right. It is the people living in the rural areas that make up the majority or the
reality of India's population. Thus, it is these people who have a major share of votes in the
election. Most of such people are poor, illiterate and superstitious with no access to suitable
communication: this huge population is being motivated on the date of election to cast their
vote.

Elections in India largely depend on this massive section of the population. In the rural areas,
the voting often follows the choice of the landlords. They will choose on behalf of the
labourers whom to vote and whom not to vote in the election. Such is the trend in India and
this has been going on almost from the very beginning of elections in India. On the part of the
electorate they must show some keenness and awareness of the outcome of elections. They
should engage and interest themselves in political matters and involve themselves in political
activities.

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In India, politics has not become an object of affective direction for the electorate, as they
decline to be drawn in the election meetings. On the one hand, the citizen's votes probably
because he is manipulated by a power hungry politician, and on the other hand, citizen's
participation is based on his feeling and understanding as to why one should participate in
politics and what would one get from it.

So from here we can understand that the trend in India has been towards the electorate's
expectation of rewards and benefits from those local influential political leaders who
manipulate his right. It is the people living in the rural areas that make up the majority or the
reality of India's population.

Thus, it is these people who have a major share of votes in the election. Most of such people
are poor, illiterate and superstitious with no access to suitable communication: this huge
population is being motivated on the date of election to cast their vote. Elections in India
largely depend on this massive section of the population. In the rural areas, the voting often
follows the choice of the landlords. They will choose on behalf of the labourers whom to vote
and whom not to vote in the election. Such is the trend in India and this has been going on
almost from the very beginning of elections in India.

***

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