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b2 - Polity w2d5 - Solution

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ashutiwari9935
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© © All Rights Reserved
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1

AIM ASSIGNMENT W2 D5
1. How is the President of India elected? Explain how the mode of elections
differs from the election of the President in the USA.

The president of India is a nominal head of the state and is elected by means
of indirect elections. This makes India a Republic.

The President of India is elected through an indirect electoral process. A step-


by-step explanation of her election is explained as below:

1. Electoral College:
 The President is elected by an Electoral College consisting of:
 Elected members of both Houses of Parliament (Lok Sabha and
Rajya Sabha).
 Elected members of the Legislative Assemblies of States and
Union territories of Delhi and Puducherry.
2. Voting System:
 The election follows a system of proportional representation by means
of a single transferable vote.
 Voting is conducted through a secret ballot to ensure confidentiality.
3. Proportional Representation:
 The votes of MPs and MLAs are not equal; they are weighted based on
the population they represent.
 The Constitution provides that there shall be uniformity in the
scale of representation of different states as well as parity
between the states as a whole and the Union at the election of
the President.
 Value of an MLA's Vote:
 The value of each MLA‟s vote is determined by the population of
the state divided by the number of elected MLAs, further divided
by 1000.

 Value of an MP's Vote:


 The value of each MP‟s vote is determined by dividing the total
value of all the MLAs‟ votes by the total number of elected MPs.


4. Quota Calculation:
 To win, a candidate must secure more than half of the total value of
valid votes polled. This is known as the quota.
 The quota is calculated using the formula:

5. Single Transferable Vote:


 Voters (MPs and MLAs) rank candidates in order of preference.
 If no candidate receives the required quota in the first round, the
candidate with the fewest votes is eliminated, and their votes are
transferred to the remaining candidates based on the second
preferences indicated on the ballots. This process continues until a
candidate secures the required quota.
6. Nomination Process:
 A candidate must be nominated by at least 50 electors as proposers
and 50 electors as seconders.
2

 The nomination must be accompanied by a security deposit of


₹15,000, which is forfeited if the candidate does not secure a certain
number of votes.
7. Conduct of Election:
 The election is conducted by the Election Commission of India.
 The process is overseen by the Returning Officer appointed by the
Election Commission.
 All doubts and disputes in connection with election of the President
are inquired into and decided by the Supreme Court whose
decision is final.

DIFFERENCES BETWEEN INDIAN & USA PRESIDENTIAL ELECTION

ASPECT INDIA USA


Election The President is elected by The President is elected
Method an Electoral College by an Electoral College,
comprising elected members determined by a general
of both Houses of election where voters in
Parliament and elected each state select electors
members of the Legislative who then vote for the
Assemblies of States and President.
Union territories (Article
54).
Electoral Includes elected MPs and Composed of electors
College elected members of State chosen by voters in each
Composition Legislative Assemblies state, with each state
(Article 54). having electors equal to its
total number of Senators
and Representatives.
Voting System Uses proportional Uses a winner-takes-all
representation with a single system in most states,
transferable vote system where the candidate with
(Article 55). the most votes wins all the
state's electors.
Electoral Proportional representation The plurality voting
Process ensures balanced system in states can lead
consideration of votes across to a candidate winning the
states (Article 55). presidency without a
majority of the national
popular vote.
Presidential The President serves a term The President serves a
Term of five years (Article 56). term of four years.
Eligibility The candidate must be a The candidate must be a
Criteria citizen of India, at least 35 natural-born citizen, at
years old, and qualified for least 35 years old, and a
election as a member of the resident for 14 years.
Lok Sabha (Article 58).

Nomination Requires nomination by at Candidates typically


Process least 50 electors as emerge through party
proposers and 50 as primaries and caucuses,
seconders (Article 58). followed by nomination at
national party
conventions.
Role of States States' elected legislators States conduct general
play a role in the Electoral elections, and the electors
College (Article 54). cast their votes based on
the results of these
elections.
3

Campaigning Campaigning is less direct Involves extensive


and public-facing, focusing nationwide campaigning
more on gaining support directly to voters,
from elected legislators. including debates, rallies,
and advertisements.
Result A candidate must achieve a A candidate must secure a
Determination quota based on proportional majority of electoral votes
representation (Article 55). (270 out of 538) to win.

Legal Governed by the Governed by the U.S.


Framework Constitution of India and Constitution and various
the Representation of the state laws.
People Act.

CONCLUSION:
The President‟s office in India and USA not only differs in terms of ways of
election to the office but also in terms of their role in the Polity.

Additional Readings: Reason for choosing indirect election for


election of President

1. The indirect election of the President is in harmony with the


parliamentary system of government envisaged in the Constitution.
2. Under this system, the President is only a nominal executive and the
real powers are vested in the council of ministers headed by the prime
minister.
3. It would have been anomalous to have the President elected directly by
the people and not give him any real power.
4. The direct election of the President would have been very costly and
time- and energy-consuming due to the vast size of the electorate. This
is unwarranted keeping in view that he is only a symbolic head.

2. Enumerate the powers of the President of India. Do you think The


President is a mere nominal head of State?

Article 53 vests the executive power of the Union in the office of the President
while declaring him as The Powers of the President of India can be
categorized in these heads:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
5. Diplomatic powers
6. Military powers
7. Emergency powers

EXECUTIVE POWERS:
 All executive actions of the Government of India are formally taken in his
name.
 He can make rules specifying the manner in which the orders and other
instruments made and executed in his name shall be authenticated.
 He can make rules for more convenient transactions of business of the
Union government and for allocation of the said business among the
ministers.
 He appoints -
o the prime minister and the other ministers.They hold office during his
pleasure
o the attorney general of India and determine his remuneration. The
attorney general holds office at the pleasure of the president.
4

o the comptroller and auditor general of India, the chief election


commissioner and other election commissioners, the chairman and
members of the Union Public Service Commission,
o the governors of states, the chairman and members of the finance
commission, and soon.
 He can seek any information relating to the administration of affairs of the
Union, and proposals for legislation from the prime minister.
 He can require the Prime Minister to submit, for consideration of the
Council of Ministers, any matter on which a decision has been taken by a
minister but, which has not been considered by the council.
 He can appoint a commission to investigate the conditions of SCs, STs and
other backward classes.
 He can appoint an inter-state council to promote Centre-state and inter-
state cooperation.
 He directly administers the union territories through administrators
appointed by him.
 He can declare any area as a scheduled area and has powers with respect
to the administration of scheduled areas and tribal areas.

LEGISLATIVE POWERS:
 He can summon or prorogue the Parliament and dissolve the Lok Sabha.
He can also summon a joint sitting of both Houses of Parliament, which is
presided over by the Speaker of the Lok Sabha.
 He can address the Parliament at the commencement of the first session
after each general election and the first session of each year.
 He can send messages to the Houses of Parliament, whether with respect
to a bill pending in the Parliament or otherwise.
 He can appoint any member of the Lok Sabha to preside over its
proceedings when the offices of both the Speaker and the Deputy Speaker
fall vacant. Similarly, he can also appoint any member of the Rajya Sabha
to preside over its proceedings when the offices of both the Chairman and
the Deputy Chairman fall vacant.
 He nominates 12 members of the Rajya Sabha from amongst persons
having special knowledge or practical experience in literature, science, art
and social service.
 He decides on questions as to disqualifications of members of the
Parliament, in consultation with the election commission.
 His prior recommendation or permission is needed to introduce certain
types of bills in the Parliament. For example, a bill involving expenditure
from the Consolidated Fund of India, or a bill for the alteration of
boundaries of states or the creation of a new State.
 When a bill is sent to the President after it has been passed by the
Parliament, he can:
o give his assent to the bill,
o withhold his assent to the bill, or
o Return the bill (if it is not a money bill) for reconsideration of
Parliament.
However, if the bill is passed again by the Parliament, with or without
amendments, the President has to give his assent to the bill.
 When a bill passed by a state legislature is reserved by the governor for
consideration of the President, the President can:
o give his assent to the bill,
o withhold his assent to the bill, or
o Direct the governor to return the bill (if it is not a money bill)
reconsideration of the state legislature.
 He can promulgate ordinances when the Parliament is not in session.
These ordinances must be approved by the Parliament within six weeks of
their reassembly. He can also withdraw an ordinance at any time.
5

 He lays the reports of the Comptroller and Auditor General, Union Public
Service Commission, Finance Commission, and others, before the
Parliament.
 He can make regulations for the peace, progress and good government of
the union territories.

THE FINANCIAL POWERS AND FUNCTIONS OF THE PRESIDENT ARE:


 Money bills can be introduced in the Parliament only with his prior
recommendation.
 He causes to be laid before the Parliament the annual financial statement
(i.e., the Union Budget).
 No demand for a grant can be made except on his recommendation.
 He can make advances out of the contingency fund of India to meet any
unforeseen expenditure.
 He constitutes a finance commission after every five years to recommend
the distribution of revenues between the Centre and the states.

JUDICIAL POWERS:
 He appoints the Chief Justice and the judges of the Supreme Court and
high courts.
 He can seek advice from the Supreme Court on any question of law or fact.
However, the advice tendered by the Supreme Court is not binding on the
President.
 He can grant pardon, reprieve, respite and remission of punishment, or
suspend, remit or commute the sentence of any person convicted of any
offense:
o In all cases where the punishment or sentence is by a court martial;
o In all cases where the punishment or sentence is for an offence against
a Union law; and
o In all cases where the sentence is a sentence of death.

DIPLOMATIC POWERS:
 International treaties and agreements are negotiated and concluded on
behalf of the President. However, they are subject to the approval of the
Parliament.
 He represents India in international forums and affairs and sends and
receives diplomats like ambassadors, and high commissioners.

MILITARY POWERS:
 He is the supreme commander of the defence forces of India. In that
capacity, he appoints the chiefs of the Army, the Navy and the Air Force.
 He can declare war or conclude peace, subject to the approval of the
Parliament.

EMERGENCY POWERS:
In addition to the normal powers mentioned above, the Constitution confers
extraordinary powers on the President to deal with the following three types of
emergencies:
 National Emergency (Article352)
 President‟s Rule (Articles 356 & 365)
 Financial Emergency (Article360)

PROVISIONS THAT MAKE THE PRESIDENT A NOMINAL HEAD:


1. The executive power of the Union shall be vested in the President and
shall be exercised by him either directly or through officers subordinate to
him in accordance with this Constitution (Article 53).
2. There shall be a council of ministers with the Prime Minister at the head
to aid and advise the President who „shall‟, in the exercise of his functions,
act in accordance with such advice (Article 74).
6

3. The council of ministers shall be collectively responsible to the Lok Sabha


(Article 75). This provision is the foundation of the parliamentary system
of government.
Through Amendments: 42nd and 44th Amendments made the President
Act according to the advice of the CoM. He can send a decision back for
reconsideration once.

DISCRETION CAN BE EXERCISED ONLY IN THESE CASES:


1. Appointment of Prime Minister when no party has a clear majority in the
Lok Sabha or when the Prime Minister in office dies suddenly and there is
no obvious successor.
2. Dismissal of the council of ministers when it cannot prove the confidence
of the Lok Sabha.
3. Dissolution of the Lok Sabha if the council of ministers has lost its
majority.

CONCLUSION
1. Though the name President is similar to the President of the USA, the
Parliamentary structure of Indian Polity makes the office of President
similar to that of the King in the UK i.e. of a nominal head. But as we can
see the President of India in spite of the aforesaid position enjoys
extensive powers which include some conditional discretionary powers.
2. Though the President is bound by the aid and advice of the Council of
Ministers that does not diminish the position to a mere nominal head.

3. Explain the circumstances in which the president can issue ordinances.


Is the use of the ordinance route a subversion of the democratic process?

Article 123 of the Constitution empowers the President to promulgate


ordinances during the recess of Parliament. These ordinances have the same
force and effect as an act of Parliament, but are in the nature of temporary
laws.

CIRCUMSTANCES IN WHICH PRESIDENT CAN ISSUE ORDINANCES:


Circumstance Details Relevant Case/Implication
House Not in The President can A law requires the concurrence
Session promulgate an of both Houses, so an
ordinance when both ordinance can be issued when
Houses of Parliament only one House is in session.
are not in session, or
when either of the two
Houses is not in
session.
Immediate The President can issue Supreme Court Ruling: In
Action an ordinance only the Cooper case (1970), the
Requirement when satisfied that Supreme Court held that the
circumstances exist President‟s satisfaction could
necessitating be questioned in court on
immediate action. grounds of malafide.
Coextensive The President‟s Subjects: An ordinance can
with ordinance-making only be issued on subjects on
Parliament’s power is coextensive which Parliament can
Law-Making with Parliament‟s law- legislate.
Power making powers, except Constitutional
for duration. Limitations: An ordinance is
subject to the same
constitutional limitations as an
Act of Parliament and cannot
abridge or take away
fundamental rights.
7

The President can also withdraw an ordinance at any time. However, his
power of ordinance-making is not a discretionary power, and he can
promulgate or withdraw an ordinance only on the advice of the council of
ministers headed by the prime minister.

Is the Use of the Ordinance Route a Subversion of the Democratic


Process?

The use of the ordinance route in India has been a subject of debate among
constitutional experts, legal luminaries, and the judiciary. Here is an analysis
of various perspectives:
1. Constitutional Framework and Intent:
a. Article 123 of the Indian Constitution grants the President the power
to promulgate ordinances when Parliament is not in session. This
power is intended to address situations requiring immediate
legislative action.
2. Views of Constitutional Experts and Legal Luminaries:
a. Dr. B.R. Ambedkar, the principal architect of the Indian
Constitution, emphasized that the ordinance-making power should be
used sparingly and only in urgent situations. He stated that it is not
meant to replace the regular legislative process.
b. Nani Palkhivala, a renowned jurist, argued that frequent use of
ordinances undermines the role of Parliament and can be seen as an
executive overreach. He emphasized the need for a robust legislative
process that involves debate and discussion.
c. Fali S. Nariman, another eminent jurist, expressed concerns over
the misuse of ordinances, noting that it bypasses the democratic
process of law-making. He highlighted the importance of maintaining
the sanctity of the legislative process.
3. Supreme Court Judgements:
a. R.C. Cooper v. Union of India (1970): The Supreme Court ruled
that the President's satisfaction for promulgating an ordinance can be
challenged in court on grounds of malafide. This judgement
underscores the need for judicial review to prevent misuse.
b. D.C. Wadhwa v. State of Bihar (1987): The Supreme Court
observed that the re-promulgation of ordinances without placing them
before the legislature constitutes a subversion of the democratic
process. The court held that ordinances are meant to be temporary
measures and should not be used to bypass the legislative process.
c. Krishna Kumar Singh v. State of Bihar (2017): The Supreme
Court held that ordinances should be placed before the legislature and
cannot be used to replace permanent legislation. The court stated that
the legislative power of the executive is a "controlled power" and
should be exercised judiciously.
4. Implications and Analysis:
a. Democratic Principles: Frequent use of ordinances can undermine
the role of the legislature, which is the primary body for law-making.
It bypasses the democratic process of debate, discussion, and approval
by elected representatives.
b. Temporary Nature: Ordinances are meant to address urgent
situations and have a temporary effect. They must be approved by
Parliament within six weeks of reassembly, ensuring legislative
oversight.
c. Judicial Oversight: The judiciary plays a crucial role in reviewing
the use of ordinances to ensure they are not misused. Judicial scrutiny
helps maintain the balance of power between the executive and the
legislature.

CONCLUSION
The ordinance route, though constitutionally valid, can undermine the
democratic process if misused. Constitutional experts, legal luminaries, and
8

Supreme Court judgments stress the need for restraint and judicious use of
this power. It should only be exercised in genuine emergencies, as it risks
disrupting the balance between executive and legislative powers and eroding
the rule of law, bypassing the essential democratic principles of debate and
legislative approval.

4. Highlight the discretionary powers of the President. Is Pardoning power


a discretionary power? Discuss the reasons for the delay in the
commutation of death sentences.

Articles 52 to 78 in Part V of the Constitution deal with the Union executive.


The President is the head of the Indian State. He is the first citizen of India
and acts as the symbol of unity, integrity and solidarity of the nation.

DISCRETIONARY POWERS OF THE PRESIDENT:


The President of India generally acts on the advice of the Council of Ministers
headed by the Prime Minister. However, there are certain situations where the
President can exercise discretionary powers. These include:
 Appointment of the Prime Minister:
o When no party has a clear majority in the Lok Sabha, the President
can use discretion to appoint a Prime Minister who, in their opinion,
is most likely to command the support of the House.
 Dismissal of the Council of Ministers:
o The President can dismiss the Council of Ministers if it loses the
confidence of the Lok Sabha and refuses to resign. However, this is a
rare occurrence and typically follows a vote of no confidence.
 Dissolution of the Lok Sabha:
o The President can dissolve the Lok Sabha if the Council of Ministers
loses its majority and no alternative government can be formed. This
is done on the advice of the Prime Minister, but in certain situations,
the President can exercise discretion.
 Promulgation of Ordinances:
o The President can promulgate ordinances when Parliament is not in
session if they believe that immediate legislative action is necessary.
This is done on the advice of the Council of Ministers but is
considered a discretionary power due to the immediate nature of the
decision.
 Assent to Bills:
o Suspensive Veto: The President has discretionary power when he
exercises a suspensive veto i.e. when he returns a bill for
reconsideration of the parliament.
o Pocket Veto: This is not a provision mentioned in the Indian
constitution. In this case, the President neither ratifies nor rejects nor
returns the bill, but simply keeps the bill pending for an indefinite
period.
 Seeking Information:
o Under Article 78, the President enjoys the right to seek information
from the PM regarding the administration of the affairs of the union.
 Reserve Powers:
o In certain cases, the President can act according to their discretion
based on constitutional provisions, such as the imposition of
President‟s Rule under Article 356, if they believe the governance in a
state cannot be carried on in accordance with the provisions of the
Constitution.

Pardoning Power- Is it discretionary?


Article 72 of the Constitution empowers the President to grant pardons to
persons who have been tried and convicted of any offense in all cases where
the:
 Punishment or sentence is for an offense against a Union Law;
9

 Punishment or sentence is by a court martial (military court); and


 Sentence is a sentence of death.
The pardoning power of the President is independent of the Judiciary; it is an
executive power. But, the President, while exercising this power, does not sit
as a court of appeal.

The major issues of contention in the exercise of the pardoning power is


whether this power can be exercised by the President on his own personal
discretion or whether he is bound by the advice of the Council of Ministers.
The Supreme Court, in the landmark case of Maru Ram v. The Union of
India has categorically held that the President cannot exercise his personal
discretion in this matter; rather, he functions on the aid and advice of the
Council of Ministers. It can also be subject to judicial review based on grounds
of it being granted under mala-fide intentions.

DELAY IN COMMUTATION OF DEATH SENTENCES:


The inordinate delay in the execution of the death penalty has often been a
cause of concern to people at large in various high-profile cases such as that of
Mumbai terror attack convict Ajmal Kasab, Parliament blast convict Afzal
Guru, and most recently, in the 2012 Delhi rape case.
1. Unbounded Curative Petition: No time limit has been fixed within
which a curative petition should be filed by the convict (Rupa Ashok
Hurra v. Ashok Hurra, and hence convicts continue to file curative
petitions post-issuance of death warrants, which creates an inordinate
delay in the justice system.
2. Mandating the confirmation of death sentence by High Court:
The trial of cases under the rarest of the rare doctrine usually takes place
in the trial court or the sessions court or a specific fast track court.
3. Mercy Petition: The long-drawn procedural requirements, especially
the stage at which the President or Governor is required to dispose of the
petition add to the delay in the overall execution of the sentence.
4. The “rarest of rare” doctrine: As has already been discussed above,
the Supreme Court in Bachan Singh v. the State of Punjab, 1982
enumerated only in the “rarest of the rare” cases could capital punishment
be given.
5. Political Interference: In some cases, political considerations may
influence the commutation of death sentences. For example, if a high-
profile case is seen as politically sensitive, the government may delay or
expedite the commutation of a death sentence for political reasons.
6. Lengthy Legal Procedures: After a person is sentenced to death, they
have the right to appeal their case to higher courts, which can take several
years. Eg- Capital punishment was awarded to one Renuka and Seema in
2001 in Maharashtra.
7. Lack of Resources: India's legal system is overburdened and
understaffed, leading to a backlog of cases. This means that death penalty
cases may take longer to be heard and processed due to the sheer volume
of cases.
8. Public Opinion: Public opinion can also play a role in the delay of
commutation of death sentences. In some cases, there may be pressure
from the public to ensure that a death sentence is carried out, which can
delay the commutation of the sentence.

Since the beginning of the 21st century, as per data released by the NCRB as of
31st, 2018, 2493 people have been sentenced to the death penalty. However, at
the time the data was released only four were executed.
10

5. What are the discretionary powers granted to the Governor under the
Indian Constitution, and why are they controversial?

Article 163(2) says If any question arises whether any matter is or is not a
matter as respects which the Governor is by or under this Constitution
required to act in his discretion, the decision of the Governor in his discretion
shall be final, and the validity of anything done by the Governor shall not be
called in question on the ground that he ought or ought not to have acted in
his discretion.

Constitutional Controversy associated


Discretionary Powers to
the Governor

Reservation of a bill for the Under Article 200, the governor can
consideration of the President. choose to withhold the assent to a Bill at
the first instance. He can also reserve a Bill
for consideration by the President.
 Rajasthan controversy where the
Chief Minister claimed that the
Amendment Bills passed in the
State Assembly to counter the
Centre‟s farm laws were held up in
Raj Bhavan, as the Governor was
not sending them for Presidential
assent.
 In March 2023, the Telangana
government moved the Supreme
Court against the Governor over
the delay in giving her assent to ten
Bills passed by the state
legislature.

Recommendation for the The Governor‟s discretion is often abused,


imposition of the President‟s sometimes absurdly, even whimsically.
Rule in the state.  In 2016, the decision of Arunachal
Pradesh Governor to advance
assembly elections led to political
crisis in the state and consequent
President Rule.

While exercising his functions According to Article 239(2) of the


as the administrator of an Constitution, the Governor can act as
adjoining union territory (in administrator of an adjoining Union
case of additional charge). Territory, if so appointed by the President,
and on such an appointment, he can
“exercise his functions as such
administrator independently of his Council
of Ministers”.

4.) Determining the amount


payable by the Government of
Assam, Meghalaya, Tripura
and Mizoram to an
autonomous Tribal District
Council as royalty accruing
from licenses for mineral
exploration.

Seeking information from the Recently, the Kerala Governor sent a letter
11

chief minister with regard to to the Chief Minister to act against the
the administrative and State Finance Minister, who, according to
legislative matters of the state. him, had ceased to enjoy the Governor‟s
pleasure.
 Recently, West Bengal governor
has been accused of summoning
the Chief Secretary and the
Director General of Police on a
regular basis

Supreme Court Judgements: The judgment by the Constitution Bench of


the Supreme Court in Shamsher Singh (1974) settled the position that
except in matters where he could exercise discretion as permitted by the
Constitution, the Governor must follow the advice of the Cabinet. Yet, in
matters like grant of prosecution sanction for proceeding against a Minister,
the Governor can take an independent decision, exercising his discretion

CONCLUSION
In his speech on the constitutional role of Governors, Dr. B.R. Ambedkar
described how a Governor should use his discretion not as “representative of a
party” but as “the representative of the people as a whole”.
AIM – 2025 POLITY
WEEK 2 DAY 6 ASSIGNMENT QUESTIONS GUIDELINES
1. Do you agree that the extent of parliamentary oversight over the executive is now more
influenced by the parliament's composition than by its rules, procedures, and well-
established conventions?

Approach for Question 1

Parliamentary oversight over the executive is increasingly influenced by its composition, as


a strong majority can limit effective scrutiny and debate. While rules, procedures, and
conventions aim to ensure accountability, the dominant party's control can overshadow these
mechanisms, impacting the effectiveness of parliamentary oversight. Discuss this dynamic
with examples. (Source-Internet)

2. Why do you think the constitution makers have opted for an appointed Governor rather than
an elected one? To what extent does the Governor, actively contribute to the governance of
a state and reinforce the principles of federalism in the country?

Approach for Question 2

Constitution makers opted for an appointed Governor to ensure impartiality, maintain


national integrity, and balance state and central interests. The Governor contributes to
governance by overseeing state administration, reserving bills for the President, and
managing crises. However, controversies arise when perceived biases undermine federalism.
Discuss both the intended role and practical challenges.(Source-Laxmikant and Internet)

3. How are Legislative councils different from Rajya Sabha? While there is a recent push for
bicameralism, the second house is often seen as a delaying chamber. Discuss

Approach for Question 3

Legislative Councils and Rajya Sabha differ in composition, powers, and functions.
Councils are state bodies with limited legislative power, while Rajya Sabha is a national
body with significant legislative influence. Despite the push for bicameralism for better
scrutiny, the second house can be seen as delaying legislation, necessitating a balance
between thorough review and legislative efficiency. (Source- Laxmikant)

4. Do you think there is a need to rationalize the seventh schedule in the context of rapidly
evolving governance challenges?

Approach for Question 4

Yes, rationalizing the Seventh Schedule is necessary due to evolving governance challenges.
Overlapping and outdated entries between the Union, State, and Concurrent lists can lead to
jurisdictional conflicts and inefficiencies. Updating the Schedule can ensure clearer division
of powers, improve coordination, and enhance responsiveness to contemporary issues in
governance. (Source-Internet)

5. Explain Cooperative, Competitive, and Confrontational Federalism. Discuss their relevance


in the shaping of Indian federalism.

Approach for Question 5

Explain cooperative federalism as collaboration between central and state governments,


competitive federalism as states competing for resources and development, and
confrontational federalism as conflicts between levels of government. Discuss their
relevance in shaping Indian federalism, highlighting examples of collaboration, healthy
competition, and tensions impacting governance and policy implementation.

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