AWSM

MAINS NOTES
2025
INDIAN POLITY

BOOKLET-14

SCO 22, Sector 15-C, Chandigarh | 97794-64470

Verma Niwas, ICICI Bank Building BCS Shimla | 86288-64475
Opp. War Memorial, Civil Line, Dharamshala | 88949-64475
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ANALYSIS: SYLLABUS AND PREVIOUS YEARS PAPERS
1. Constitution of India: Historical underpinning, evolution, salient features
™ Introduction to the Constitution, Parts and Schedules
™ Evolution of Constitution: Company Rule (1773-1858), Company Rule (1858-1947)
™ Composition and Role of Constituent Assembly and Major Committees
™ Objective Resolution and Preamble and their significance
™ Salient Features: Various Sources of Constitutions, Parliamentary government, Separation of Powers, Unitary and
Federal Features

1. What are the philosophical moorings of Indian Constitution? (2016, 4Marks)

2. What is Parliamentary Sovereignty? Do you think Indian Parliament is Sovereign? (2016, 8Marks)
3. Describe the basic philosophy of Indian Constitution. Is it relevant in the era of globalization? (2017, 8 Marks)
4. Describe the basic philosophy of Indian Constitution. Is it relevant in the era of globalization? (2018, 8 Marks)
5. “Indian Constitution is federal in form, but unitary in spirit.” Comment. (2018, 8 Marks)
6. Explain why India is called a quasi-federal state. (2019, 4 Marks)
7. Describe the basic tenets of the preamble of Indian Constitution. (2020, 4 Marks)
8. Is word ‘socialistic’ in the preamble of the constitution relevant in the present day of politics? (2024, 8 Marks)

2. Significant provisions including Fundamental Rights, Directive Principles of State Policy, and Fundamental
Duties.
™ Union and Its Territories
™ Citizenship and Citizenship Act 1955
™ Fundamental Rights
™ Restrictions on Fundamental Rights, Martial Law
™ Directive Principles of State Policy, and various legislation and schemes for its Implementation
™ Fundamental Duties
™ Critical appraisal of FRs, DPSPs and FDs

1. Discuss the increasing scope of ‘Right to Life’ of Indian citizens. (2017, 4 Marks)
2. Analyse the Directive Principles of the State Policy regarding international peace as given in the Indian
Constitution. (2020, 4 Marks)
3. Discuss in detail about the Right to Equality given in the Indian constitution. (2021, 4 Marks)
4. Describe the Supreme Court’s judgment on the 103rd constitutional amendment. (2021, 4 Marks)
5. Explain the right to constitutional remedies given in the constitution. (2022, 4Marks)
6. Describe about the Article related to the promotion of international peace and security given in the Constitution.
(2022, 4 Marks)
7. Describe how Fundamental rights and DPSPs are complementary to each other. (2022, 8 Marks)
8. Due to the current emphasis on social concerns by the political system, the directive principles of state policy
are gaining precedence over fundamental rights, comment. (2024, 12 Marks)

3. Amending process and important Constitutional Amendments and the Doctrine of basic structure.
™ Theory of Basic Structure, Debate, Significance, Criticism.
™ Judicial Review
™ Amending process and important Constitutional Amendments

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1. What do you know about the ‘basic structure theory of constitution of the constitution’ as enunciated by the
Supreme Court of India? (2017, 4 marks)
2. What is Judicial activism? Has it limited the powers of executive in India? (2017, 8 Marks)
3. What is the basic structure theory regarding amendment of the Indian constitution? (2018, 4 Marks)
4. What do you mean by Judicial Activism in India? (2019, 4 Marks)
5. Examine the power of judicial review as enjoyed by Supreme Court of India. (2019, 8Marks)
6. Discuss the amendment procedure of the Indian Constitution. (2020, 4 Marks)
7. Critically examine about the basic structure theory of Indian Constitution. (2020, 8 Marks)
8. Describe about the power of Judicial Review in India. (2021, 4Marks)
9. Discuss about the “Basic Structure” theory of the Indian constitution. (2021, 4Marks)

4. Functioning of the Union and State Executive

™ Union Executive (President, Vice President, and PM-COM, Attorney General)
™ Emergency Provisions and Powers of the President
™ State Executive and Functions (Governor, CM-COM, Advocate General)

What are the discretionary powers of the Governor of a State? (2016, 4Marks)
5. Describe the emergency powers of the Indian President. (2017, 4 Marks)
6. Describe the emergency powers of the Indian President. (2018, 4Marks)
7. Discuss about the Emergency powers of the Indian President? (2019, 4 Marks)
8. Critically analyse the election process of the Indian President (2020, 8 Marks)
9. Discuss about the emergency powers of the Indian President. Can he become a dictator? (2022, 8Marks)

5. Parliament and State legislatures, Structure, Organization

™ Composition of Lok Sabha and Rajya Sabha, State legislature and State Legislative Councils
™ Office of Speaker, Deputy Speaker, Chairman, Deputy Chairman
™ Protem Speaker, Whip, Oath Removal, Disqualifications, Anti-Defection Laws
™ Working of Parliament: Sessions, Sittings, Question Hour, Zero Hour, Motions, Quorum
™ Types of Bills and Procedure of passing them.
™ Legislation Process in State Legislatures
™ Annual Financial Statement or Budgeting Process
™ Parliamentary Committees on Finance, Role of CAG

1. What is a token cut motion? (2016, 4 Marks)

2. Describe the procedure of how a bill becomes an act. (2019, 4 Marks)

6. Functioning of the Union and State Judiciary

™ Supreme Court and High Courts, Subordinate courts
™ Tribunals
7. Functions and responsibilities of the Union and States, issues and challenges pertaining to the federal structure
™ Centre-State relations (Legislative, Administrative and Financial)
™ Inter-state Council, Interstate River Disputes Act, GST Council, Finance Commission
™ Union Territories
™ Scheduled and Tribal Areas

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1. The financial relationship between the union and the States is one of the key areas of contention in the Indian
federation. Examine. (2016, 20 Marks)
2. Since 1990, theoretically, Indian policy has been that it is moving in the direction of political decentralization
and economic centralization. Analyse its impact on the working of the Indian Policy. (2017, 20 Marks)
3. Since 1990, the paradox of Indian polity has been that it is moving in the direction of political decentralization
and economic centralization. Comment. (2018, 20 Marks)
4. Analyse the problem of Centre-State relations in India. (2019, 8 Marks)
5. Examine the tension areas in Centre-State financial relations in India. (2020, 8Marks)
6. Describe the current status of Jammu and Kashmir after the abolition of Article 370. (2022, 4Marks)
7. In the post-globalisation Era, Economic Centralisation and political decentralisation have created a Paradox in
the working of Indian Polity. (2022, 20 Marks)

8. Devolution of powers and finances up to the local level and challenges therein.
™ Evolution of Panchayati Raj,
™ 73rd Amendment Act, Part IX and Schedule XI
™ 74th Amendment Act, Municipality and Urban Local Governments
™ Co-operative Societies

1. What are the voluntary provisions of the 73rd constitutional Amendment? (2016, 8 Marks)
2. Explain the role of Gram Sabha in the Panchayati Raj System in India (2017, 4 Marks)
3. Autonomy of local self-governing institutions is still a distant dream in India. Explain. (2017, 8Marks)
4. Discuss major causes of failure of Panchayati Raj in India. (2018, 4 Marks)
5. Discuss the essential characteristics of Local Government. (2019, 4 Marks)
6. Municipal Governance in India is facing serious challenges post 74th Constitutional Amendment. Examine.
(2019, 8 Marks)
7. The 73rd Constitutional Amendment has resulted in genuine devolution of powers and resources to the
Panchayati Raj Institutions (PRIs) in India. Discuss. (2019, 8 marks)
8. Give your arguments for and against the ‘prescribed minimum educational qualification for representatives of
Panchayati Raj Institutions. (2020, 8Marks)
9. What are the main hindrances in the way of smooth functioning of rural local self-governing bodies in India?
(2021, 4Marks)
10. In India, the institution of panchayats has a hoary history, though its truly democratic form is of recent origin.”
Elaborate the statement. (2024, 12 Marks)

11. Electoral Process and Salient features of the Representation of the People’s Act.
™ RPA 1950
™ RPA 1951
™ Election Commission of India
™ Political Parties
™ Anti-Defection Laws

1. What do you mean by the regionalisation of Indian Politics in the 1990s? (2018, 4Marks)
2. Describe the powers of Election Commission in India (2018, 4Marks)
3. Describe the electoral reforms required for the smooth functioning of India’s democracy. (2019, 20 Marks)
4. Critically analyse the politics of reservations in India. Has it really benefited the marginalised strata? (2020, 20
Marks)
5. Analyse the problems of the politics of defection in India. (2021, 8Marks)

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6. Explain the trend of regionalization of Indian Politics for a better understanding of the current political scenario.
(2021, 20 Marks)
7. Describe about the merits and demerits of ‘one nation, one election’ system in India. (2024, 8Marks)

12. Appointments to various constitutional posts, powers, functions and responsibilities of various constitutional
bodies in India.
™ Attorney General and Advocate General
™ UPSC, SPSC and Joint PSC
™ Special Linguistic Officer
™ National Commission for SC, ST and backwards classes
™ Statutory Bodies: Human Rights, Women, Child Rights, Minorities, CVC, CBI

1. What is Parivarik Mahila Lok Adalat (PMLA)? (2016, 4 Marks)

2. National security is of paramount importance for any nation. Discuss about the organizational structure of
National Security Council (NSC) in India. (2019, 4 Marks)
3. Discuss the composition and functions of the Central Council of Local Government. (2020, 4Marks)
4. Describe the role of the ‘Central Social Welfare Board’ for the welfare of women. (2020, 8 marks)
5. Discuss about the composition, power, functions and role of the National Commission for Women in
6. India. (2022, 8Marks)

QUESTION BANK
1. What is the basic philosophy of the Indian Constitution?
2. Preamble is a key to the minds of the makers of the Constitution. Explain.
3. Differentiate between ‘equality before the law’ and ‘equal protection of the law’.
4. Examine the procedure for the amendment of the constitution.
5. Indian Constitution is a patchwork. Comment.
6. The Directive principles and the fundamental rights work in parallel for good governance in the country. Examine.
7. “Political democracy cannot last unless there lies at its base Social Democracy”. Critically examine the statement.
8. What do you understand by the concept of Welfare State? Explain it in the context of the Directive Principles of State
Policy (DPSP) as enshrined in the Indian Constitution.
9. Why were the ideals of socialism and secularism explicitly added to the constitution? What do these ideals mean, and
how have these been reflected in the Constitution?
10. Discuss the merits and demerits of bringing the Uniform Civil Code in India.
11. Why are the rights enshrined in Part III called Fundamental Rights?
12. Examine the Doctrine of the separation of powers in Indian Constitution.
13. How did the doctrine of the basic structure of the Constitution emerge and evolve in India?
14. Examine the right to life in the Constitution of India.
15. Discuss the constitutional provisions related to the declaration of emergency in India.
16. Discuss the impact of the proclamation of the National Emergency on Fundamental Rights in India. Also, highlight the
various Supreme Court judgments in this context.
17. Explain why the Indian Constitution has been argued to have created a ‘federation with a centralising tendency’
18. The Union list prevails over the other lists in terms of distribution of legislative powers in the India Constitution.
Discuss.
19. What do you understand by the concept of Judicial Activism? Do you think that it violates the principle of separation
of powers? Justify your stance with appropriate examples.
20. What do you understand by the term Judicial Review? Discuss the significance of the power of Judicial Review with

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courts in the context of Indian polity.
21. There are multiple tension areas in centre-state relations. Critically analyse the statement in the context of Indian
federalism.
22. The Governor plays an important role in the federal structure of the Indian polity. Critically analyse the above statement.
23. Analyse the issues associated with the Collegium System in relation to judicial appointments.
24. Discuss the role of parliamentary committees in ensuring financial accountability of the executive.
25. Give an account of the composition and functions of the Finance Commission. Assess the role of the Finance
Commission in maintaining fiscal federalism in India.
26. What is the importance of Local self-government in a Democracy such as India? Critically Examine the Implementation
of the 73rd and 74th Constitutional Amendments in the Constitution after 30 years of its enactment.
27. Discuss the effectiveness of the Representation of People’s Acts for the smooth conduct of elections and in creating a
meaningful democracy.
28. The Representation of People Act holds the key to improving the electoral system in India. Discuss the important
contemporary issues in this context.
29. The Election Commission of India has a vital role in building a robust framework of electoral democracy. Highlighting
challenges associated with the functioning of ECI suggests measures to reform the body.
30. What is your view on “one nation, one election”? Justify with suitable arguments.
31. Do simultaneous elections compromise democracy and federalism? Analyse.
32. The anti-defection law was enacted to bring stability to governments, but sometimes it acts against the true spirit of
democracy. Critically discuss.
33. What are the key issues associated with electoral funding in India? How far do you think the idea of state funding of
elections can address these issues?
34. Criminalisation of politics is a threat to Indian democracy. Critically analyse. What are the measures taken by the
Indian government in this regard, and also suggest some possible solutions?
35. The position of Legislative Councils in State Legislatures is much weaker than the Rajya Sabha in Parliament. Analyse.
36. Enumerate the composition and functions of the National Commission for Women (NCW). Also, highlight the
initiatives taken by the Commission to give an impetus to women empowerment.
37. ‘Even after 75 years of independence, women’s representation in the Lok Sabha has not increased much.’ Discuss the
reasons and suggest measures to increase women’s representation in Parliament.
38. Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences
follow when such a declaration remains in force?
39. Examine the role of the Finance Commission in maintaining the fiscal equilibrium in the country.
40. Compare the powers of the Lok Sabha with those of the Rajya Sabha
41. The Governor of a state enjoys more discretionary power than the President of India. Elaborate and explain the
rationale behind this constitutional arrangement.
42. The office of CAG plays an important role in securing financial accountability. Discuss.
43. Explain the role of Lokpal and Lokayuktas as anti-corruption watchdogs.

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IMPORTANT ACTS DURING THE BRITISH PERIOD IN INDIA
1. Indian Councils Act, 1909 (Morley-Minto Reforms)
™ Key Features:
9 Separate Electorates Introduced: Muslims were given the right to elect their own representatives,
institutionalizing communal politics.
9 Elected Indian Members: For the first time, Indians were allowed to be elected to legislative councils.
9 Executive Inclusion: An Indian was nominated to the Viceroy’s Executive Council.
™ Significance:
9 Marked the beginning of communal representation and sowed seeds of future divisions.
9 First step toward limited Indian participation in governance.
2. Government of India Act, 1919 (Montagu-Chelmsford Reforms)
™ Key Features:
9 Dyarchy at the Provincial Level: Subjects were divided into Transferred (administered by Indian ministers)
and Reserved (administered by British officials).
9 Bicameral Central Legislature: Introduced the Council of State and the Legislative Assembly.
9 Provincial Autonomy: Some relaxation of central control; increased powers to provincial governments.
9 Public Service Commission: Laid foundation for Central Public Service Commission (established in 1926).
™ Significance:
9 Expanded Indian role in administration and increased political awareness.
9 Though Dyarchy was complex and ineffective, it introduced the concept of responsible government in
provinces.
3. Government of India Act, 1935
™ Key Features:
9 Federal Structure: Division of powers into Federal, Provincial, and Concurrent lists.
9 Dyarchy at Centre: Proposed but never implemented.
9 Provincial Autonomy: Dyarchy was abolished in provinces; elected ministers given full control (implemented
in 1937).
9 Bicameral Legislatures in Provinces: Introduced upper houses in some provinces.
9 Separate Electorates Extended: Continued for minorities and special groups.
9 Federal Court Established (1937): With original and appellate jurisdiction.
9 Abolished Council of India: Replaced by advisory system for Secretary of State.
™ Significance:
9 The most detailed legislative document till independence; acted as the blueprint for the Indian Constitution.
9 Gave practical experience in self-rule to Indian leaders.

Is the Indian Constitution a Carbon Copy of the Government of India Act, 1935?
¾ Similarities
™ Administrative Structure: The federal structure with a strong Centre, provincial autonomy, and the Governor’s
powers are retained.
™ Emergency Provisions: The emergency framework in the Constitution closely resembles the 1935 Act.
™ Institutional Continuity: Offices like Governor, Federal Court (now Supreme Court), and Public Service
Commissions were continued.

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¾ Differences
™ Democratic Foundation: Unlike the 1935 Act (an imposed colonial law), the Constitution was made by a
sovereign Constituent Assembly.
™ Fundamental Rights & Duties: The 1935 Act lacked any guarantee of rights, while the Constitution enshrines
justiciable rights and duties.
™ Elected Institutions: The Constitution provides for universal adult franchise and parliamentary democracy,
unlike the limited representation under the 1935 Act.
™ All-India Federation: Proposed (never implemented) with princely states.
™ Provincial Autonomy (1937-1939): Dyarchy abolished in provinces, autonomy granted.
4. Indian Independence Act, 1947
™ Key Features:
9 Ended British Rule in India.
9 Created two independent Dominions – India and Pakistan (from 15 August 1947).
9 Gave legislative sovereignty to the Constituent Assemblies to frame their own constitutions.
9 Partition Approved and princely states were given the option to join either dominion or remain independent.
™ Significance:
9 Final step in India’s constitutional evolution under the British.
9 Marked the legal end of colonial control and transition to sovereign governance.

OVERVIEW OF THE INDIAN CONSTITUTION

Adopted on January 26, 1950, the Indian Constitution represents India’s transition from a colonial territory to a sovereign
republic. It serves as the foundational document governing the democratic process of the world’s second-most populous
nation, embracing the country’s diverse nature and guiding it towards a unified purpose.

Constitutional Pillars
¾ Embodying Resilient Diversity
™ Unity in Diversity: The Constitution represents India’s diverse languages, religions, traditions, and cultures.
™ Unifying Force: Acts as a binding element, creating cohesion across the nation’s multifaceted diversity.
¾ Safeguarding Rights and Freedoms
™ Fundamental Rights: Protects individual rights and freedoms against any governmental overreach.
™ Justice and Fairness: Ensures freedom, justice, and fairness for all citizens, irrespective of the government’s
agenda.
¾ Historical Roots
™ Colonial Foundations: Originates from legislative developments during British colonial rule.
™ Predecessor Acts: The Montagu-Chelmsford Reforms of 1919 and the Government of India Act of 1935 were
instrumental in shaping the Constitution.
¾ Genesis of Democratic Rights
™ Universal Protections: Provides democratic rights to all individuals, including non-citizens.
™ Democratic Evolution: Reflects democratic values and institutions that evolved during the colonial era and
influenced the Indian National Movement.

Critiques and Counter arguments of the Indian Constitution

¾ Length and Detail Overload
™ Critique: The Constitution is too long and detailed, making it cumbersome.
™ Counter: The length ensures inclusivity, addresses India’s diversity, and reduces ambiguity.

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¾ Rigid vs. Flexible Debate
™ Critique: Some argue it is too rigid to adapt to changing needs, while others feel it’s too flexible.
™ Counter: It strikes a balance between stability and adaptability, allowing for necessary amendments.
¾ Borrowed Constitution
™ Critique: Critics call it a “bag of borrowings,” suggesting it lacks originality.
™ Counter: While it incorporates global ideas, the Constitution adapts them to India’s unique needs, as Ambedkar
clarified.
¾ Legal Jargon
™ Critique: The complex legal language makes it a “lawyer’s paradise,” difficult for common citizens. (Sir Ivor
Jennings)
™ Counter: Legal precision is essential to avoid misinterpretation and ensure clear governance.
¾ Unitary Bias in Federalism
™ Critique: The Constitution is seen as centralizing power, weakening true federalism.
™ Counter: A strong central government is needed for national unity and to tackle national issues; it still provides
for cooperative federalism.
¾ Copy of the 1935 Act
™ Critique: Sir Ivor Jennings argued that many provisions of the Constitution were directly copied from the
Government of India Act, 1935.
™ Counter: Dr. Ambedkar explained that only administrative aspects were borrowed, while the Constitution’s core
principles are original and revolutionary.

Historical Underpinnings of the Indian Constitution

The Indian Constitution, adopted in 1950, is a synthesis of various historical influences. Its development reflects:
¾ Indigenous Traditions
™ Ancient Texts: Influenced by Vedas, Upanishads, and Dharmashastras on governance and rights.
™ Non-Violence and Equality: Buddhist and Jain teachings on tolerance and equality, and the Bhakti movement’s
emphasis on individual liberty.
¾ Colonial Experiences
™ Western Ideas: Adoption of Western concepts of liberty, democracy, and constitutionalism.
™ Legislative Reforms: The Montagu-Chelmsford Reforms and the Government of India Act of 1935 laid the
groundwork for the Constitution.
¾ Western Political Thought
™ Liberal Democracy: Inspired by the American and French Constitutions and the British parliamentary system.
™ Separation of Powers: Incorporation of ideas related to governance and checks and balances.
¾ Indigenous Thought
™ Socialist Influence: Integration of socialist principles aimed at social and economic equality.
™ Gandhian Inspirations: Reflections of Gandhian ideals in the Directive Principles of State Policy.

Its Influence on the Evolution of the Indian Constitution:

¾ Constituent Assembly
™ Diverse Perspectives: Members from various regions and communities contributed their perspectives.
™ Historical Influences: Debates reflected India’s historical experiences and diverse traditions.

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¾ Fundamental Rights
™ Individual Liberty: Rights influenced by ancient texts and the Bhakti movement’s principles.
™ Social Justice: Emphasis on equality and non-discrimination.
¾ Cultural and Educational Rights
™ Diverse Fabric: Rights to freedom of religion and cultural preservation reflect India’s varied social fabric.
¾ Directive Principles of State Policy
™ Gandhian and Socialist Ideals: Reflects post-independence aspirations and incorporates Gandhian and socialist
thoughts.
¾ Constitutional Amendments
™ Local Governance: The 73rd and 74th Amendments of 1992 enhanced local governance, drawing from ancient
Panchayati Raj traditions.

Conclusion

The Indian Constitution mirrors India’s rich social and political history. It integrates indigenous traditions, colonial
experiences, and Western political ideas, evolving through amendments to meet contemporary challenges. As a living
document, it continues to embody India’s democratic and pluralistic ethos.

INDIAN CONSTITUTION: A PATCHWORK?

The Indian Constitution, recognized as the longest written constitution in the world, incorporates various provisions from
global sources. However, it is important to understand that it is not a mere copy-paste job but a meticulously crafted
document reflecting India’s unique context.

Borrowed Provisions
¾ Government of India Act, 1935
™ Federal Scheme: Incorporates a federal structure with a strong centre.
™ Office of Governor: Defines the role and powers of the governor.
™ Judiciary: Adopts features related to the judiciary.
™ Public Service Commissions: Establishes provisions for public service.
™ Emergency Provisions: Includes mechanisms for national emergencies.
¾ British Influence
™ Parliamentary Government: Adopts the parliamentary system of governance.
™ Rule of Law: Ensures that the law applies equally to all.
™ Legislative Procedure: Follows the legislative processes of Britain.
™ Single Citizenship: Grants Indian citizenship irrespective of state.
™ Cabinet System: Implements the cabinet system of governance.
¾ Ireland
™ Directive Principles of State Policy: Incorporates guidelines for state policy.
™ Rajya Sabha Nomination: Similar to the nomination of members to the Irish Senate.
™ Presidential Election Method: Follows a similar process for electing the president.
¾ United States of America
™ Impeachment and Removal: Adopts processes for impeachment and removal of the President and judges.
™ Fundamental Rights: Includes a bill of rights similar to the US Constitution.
™ Judicial Review: Establishes the power of judicial review.
™ Independence of Judiciary: Ensures an independent judiciary.

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™ Preamble: Inspired by the US Preamble.
¾ Canada
™ Federation with a Strong Centre: Emphasizes a strong central authority.
™ Residuary Powers: Grants residuary powers to the centre.
™ State Governors: Appoints state governors from the centre.
™ Advisory Jurisdiction: Establishes the advisory role of the Supreme Court.
¾ Australia
™ Concurrent List: Adopts the concept of shared powers between central and state governments.
™ Freedom of Trade and Commerce: Ensures freedom of inter-state trade.
™ Joint Sitting of Parliament: Provides for a joint session of both Houses of Parliament.
¾ Soviet Union (USSR)
™ Fundamental Duties: Incorporates duties similar to those in the Soviet Constitution.
™ Ideal of Justice: Reflects ideals of social, economic, and political justice.
¾ Other Influences
™ Japan, France, South Africa: Various ideas and principles from these countries have also influenced the Indian
Constitution.

Arguments Against the ‘Copy-Paste’ Criticism

¾ Contextual Adaptation
™ Custom Modifications: Features from other constitutions were adapted to fit Indian conditions, avoiding direct
replication.
™ Innovative Borrowing: The framers innovatively adapted ideas rather than copying them verbatim.
¾ Codification and Integration
™ Codification: The Constitution consolidates existing laws and values into a single document.
™ Integration: Combines western and traditional Indian values into a hybrid system, creating a unique framework.
¾ Reflecting Indian Values
™ Ancient Concepts: Many concepts like equality, fraternity, and democracy have roots in Indian history and
scriptures.
™ Selective Adaptation: The Constitution reflects a selective and thoughtful adaptation of global ideas rather than
a mere reproduction.
¾ Rigorous Deliberation
™ Extensive Study: The drafting involved over two years of study and discussion.
™ Creative Adaptation: Efforts were made to tailor each provision to Indian circumstances, reflecting a thorough
and creative approach.
¾ Unique Features
™ Distinct Elements: For instance, the Indian system of governance includes unique features such as the President
as Head of State and Commander-in-Chief, which are not present in the British Constitution.

Conclusion

The Indian Constitution, while borrowing elements from various global sources, is far from a simple copy-paste document.
It represents a sophisticated and deliberate amalgamation of ideas suited to India’s diverse and complex society. The extensive
and thoughtful adaptation process undertaken by the framers has resulted in a constitution that reflects both international
best practices and Indian values, ensuring its relevance and functionality in guiding the world’s largest democracy.

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ROLE OF THE CONSTITUENT ASSEMBLY

The Constituent Assembly of India was the sovereign body entrusted with the task of framing the Constitution of independent
India. It laid the foundational democratic, federal, and republican framework that continues to govern India today.
¾ Formation and Historical Background
™ Origin of the Idea: The idea of a Constituent Assembly was first proposed in 1934 by M.N. Roy, a pioneer of
radical democracy in India.
™ British Response: The August Offer of 1940 recognized Indians’ right to frame their own Constitution.
™ Cabinet Mission Plan (1946): Provided the concrete blueprint for the formation of the Assembly.
™ Elections: Members were elected indirectly by provincial legislative assemblies; 292 from provinces, 93 from
princely states, and 4 from chief commissioner’s provinces.
¾ Composition and Leadership
™ Total Membership: Originally 389 members; reduced to 299 after the partition.
™ Presidency: Dr. Rajendra Prasad was elected the permanent Chairman (President) of the Assembly.
™ Vice President: HC Mookerjee (Vice-President of Assembly); BN Rau served as Constitutional Advisor.
™ Representation: Included representatives from Scheduled Castes, minorities, women, and princely states (though
some states abstained).

Key Functions and Achievements

1. Framing the Constitution
™ The primary task was to draft and adopt the Constitution.
™ The Drafting Committee was chaired by Dr. B.R. Ambedkar.
™ Adopted ‘Objectives Resolution’ moved by Jawaharlal Nehru, which laid the philosophical foundation of the
Constitution.
2. Functioned as a Legislative Body
™ The Assembly also served as India’s first legislature between 1947–1950, passing crucial laws for governing the
country after independence.
3. Ratification of Key National Symbols
™ Adopted the National Flag (22 July 1947), National Anthem, and National Song.
™ Declared India as a Republic and adopted the Preamble enshrining justice, liberty, equality, and fraternity.
4. Adoption of the Constitution
™ Adopted on 26 November 1949.
™ Came into effect on 26 January 1950 (celebrated as Republic Day).
™ The first general elections under this Constitution were held in 1951–52.
5. Ratification of International Status
™ Ratified India’s membership of the Commonwealth of Nations and approved treaties and international
commitments of the interim government.

Major Committees of the Assembly

There were 22 committees broadly categorized as:

A. Major Committees
¾ Drafting Committee – Dr. B.R. Ambedkar (Chairman)
¾ Union Powers Committee – Jawaharlal Nehru
¾ Union Constitution Committee – Jawaharlal Nehru
¾ Provincial Constitution Committee – Sardar Vallabhbhai Patel

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¾ Advisory Committee on Fundamental Rights and Minorities – Sardar Vallabhbhai Patel

B. Minor Committees
¾ Order of Business Committee – K.M. Munshi
¾ States Committee – Jawaharlal Nehru
¾ Language Committee – Moturi Satyanarayana
¾ Philosophical and Political Contributions
™ Institutionalized values of democracy, secularism, republicanism, and social justice.
™ Balanced individual rights (Part III) with social responsibilities (Part IV).
™ Created the framework for a parliamentary system, federal polity, and independent judiciary.
¾ Inclusivity and Debate Culture
™ Despite limitations, the Assembly reflected diverse ideological viewpoints – from liberals to socialists,
conservatives, Dalit leaders, and minority representatives.
™ 114 days were spent in open session debates; over 2,000 amendments were discussed.
™ Its deliberative process remains a model of constitutional dialogue and democratic negotiation.
¾ Criticisms of the Constituent Assembly
™ Lack of Direct Representation
9 Members were indirectly elected by Provincial Legislative Assemblies.
9 Participation was based on the limited franchise under British rule.
¾ British Framework
™ Assembly was established under the Cabinet Mission Plan and not through a fully sovereign Indian mandate.
¾ Dominance of Congress
™ The Assembly was heavily dominated by Congress Party, limiting ideological diversity.
¾ Elite and Legalist Bias
™ Most members were lawyers, urban elites, and upper-caste Hindus, raising concerns over the full representation
of Indian society.
¾ Counterpoints to Criticism
™ Diverse Social Representation
9 Despite indirect election, the Assembly included prominent Dalit leaders (Ambedkar), women (Hansa
Mehta), tribal representatives, and minorities (Maulana Azad).
™ Time and Process Justified
9 The complex diversity of India warranted detailed and lengthy deliberations to build consensus.
™ Secular and Inclusive Outcomes
9 The final Constitution embedded secularism, federalism, universal adult franchise, and affirmative action,
making it representative of Indian pluralism.
™ Legacy and Significance
9 Established a democratic, federal, and secular constitutional order.
9 Provided the Preamble, a moral compass for Indian polity.
9 Constitution framed by the Assembly continues to guide India’s democratic evolution, sustaining over 100
constitutional amendments while retaining its core ideals.
The Constituent Assembly was a historic, deliberative body that laid the foundation of India’s constitutional democracy.
While it was not without limitations, it succeeded in crafting a visionary document that has withstood time, shaped
governance, and protected civil liberties. Its inclusive spirit, intellectual rigour, and principled debates remain a cornerstone
of India’s democratic heritage.

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QUASI-FEDERAL NATURE OF THE INDIAN CONSTITUTION – AN ANALYSIS

The Indian Constitution establishes a federal polity through the division of powers and responsibilities between the Centre
and the States. However, India’s federalism is distinctively quasi-federal, blending federal structure with unitary bias, as
noted by constitutional expert K.C. Wheare. It reflects India’s pragmatic need for both national integration and regional
autonomy.

Federal Features in the Indian Constitution

1. Dual Government Structure
™ Separate governments at the Union and State levels, allowing decentralised administration.
™ Enables policy responsiveness to both national priorities and local needs.
2. Division of Powers
™ The Seventh Schedule classifies subjects into Union, State, and Concurrent Lists.
™ While division ensures clarity, the Concurrent List often leads to conflicts, resolved by judicial review.
3. Constitutional Supremacy
™ The Constitution is supreme; all laws must conform to it.
™ The Basic Structure Doctrine ensures core federal values are protected.
4. Independent Judiciary
™ The Supreme Court acts as the final interpreter and arbiter in Centre-State disputes.
™ Upholds federal balance and the rule of law.
5. Partial Rigidity
™ The Constitution allows for rigid amendment processes for federal provisions (Article 368).
™ Ensures stability in Centre-State relations, though flexibility is limited.
6. Bicameral Legislature
™ Rajya Sabha represents the states, securing their participation in national law-making.
™ Ensures balance between unit and federation, although the Lok Sabha dominates in practice.

Unitary Features that Dilute Federalism

1. Strong Central Bias
™ Dominance of Union Parliament in lawmaking, especially over Concurrent List matters (Article 254).
™ Financial dependence of states on the Centre further centralizes power.
2. Emergency Provisions (Articles 352, 356, 360)
™ During emergencies, the Union can override state authority, turning India into a unitary state de facto.
™ Article 356 (President’s Rule) has been historically misused to dismiss opposition-ruled state governments.
3. Article 365
™ Allows Centre to direct states to comply with Union laws; non-compliance can trigger Article 356.
™ Coercive federalism that prioritizes central control.
4. Single Constitution and Single Citizenship
™ Unlike federations like the USA, India does not allow state-specific constitutions.
™ Single citizenship promotes unity but limits regional identity representation.
5. Integrated Judiciary
™ A unified judicial structure with no separate state courts.
™ Ensures legal uniformity, but reduces state judicial autonomy.

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6. Appointment of Governors
™ Centre-appointed Governors act as constitutional heads in states.
™ Often perceived as agents of the Centre, impacting cooperative federalism.
7. All India Services (Article 312)
™ Common cadre officers (like IAS, IPS) serve both Union and States.
™ Promote administrative uniformity but may compromise state accountability.
8. Amendment Procedure
™ States have no independent power to amend the Constitution.
™ Most amendments are initiated and passed by Parliament, with limited state ratification required.

IMPORTANCE OF FUNDAMENTAL RIGHTS

Fundamental Rights, enshrined in Part III of the Indian Constitution, are crucial elements designed to protect individual
liberties and ensure justice. As described by Dr. B.R. Ambedkar, they form a vital part of the Constitution, reflecting the
universal principles of human rights and emphasizing the importance of safeguarding individual dignity and freedom.
¾ Protection of Human Dignity: Fundamental Rights are crafted to uphold the dignity of individuals and create
conditions conducive to personal development. They aim to provide every person with the opportunity to develop
their personality to the fullest extent, ensuring respect and equality.
¾ Guaranteed Human Rights: These rights establish a guaranteed framework for basic human rights, imposing negative
obligations on the state. This means the state is restrained from interfering with individual liberties, thus safeguarding
freedoms in various aspects of life.
¾ Intellectual and Moral Development: Fundamental Rights are crucial for individuals to achieve their full intellectual,
moral, and spiritual potential. By protecting freedoms such as speech, expression, and religion, these rights enable
individuals to grow and contribute effectively to society.
¾ Government of Law: The inclusion of Fundamental Rights in the Constitution ensures that governance is based on law
rather than individual discretion. This principle is foundational to a just and fair society, where laws apply uniformly
and protect the rights of all citizens.
¾ Protection Against Government Power: Fundamental Rights are essential for protecting citizens from potential
abuses of power by the government. They serve as a check on the government’s authority, ensuring that the rights and
liberties of individuals are not infringed upon.
¾ Prevention of Authoritarianism: By safeguarding individual liberties, Fundamental Rights help prevent the rise of
authoritarian and dictatorial regimes. They are instrumental in maintaining democratic principles and ensuring that
governance remains accountable and transparent.
¾ Integration and Educational Value: These rights are not only about protecting individual freedoms but also about
integrating individuals into society with an understanding of their roles and responsibilities. They incorporate
educational values that help citizens appreciate the significance of their rights and duties within the community.
¾ Legal Enforcement and Rule of Law: The Constitution provides mechanisms for the enforcement of Fundamental
Rights, giving them legal weight. This ensures that citizens can seek redressal and hold the state accountable, thus
upholding the rule of law, equality, and national unity.

Fundamental Rights protect individuals from state overreach, foster personal and societal development, and uphold
democratic values. By guaranteeing these rights and providing legal mechanisms for their enforcement, the Constitution
ensures a fair and just society where individual freedoms are respected and protected.

Rationale Behind Article 32: The Heart and Soul of the Constitution

Article 32 of the Indian Constitution, often referred to by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution
in parliamentary debates, is pivotal in safeguarding the Fundamental Rights of citizens. This article provides a crucial
mechanism for the enforcement of these rights, reflecting its central role in maintaining constitutional governance and
individual liberties.

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¾ Doctrine of “Ubi Jus Ibi Remedium”: Article 32 embodies the legal principle “Ubi Jus Ibi Remedium,” which translates
to “where there is a right, there is a remedy.”
¾ Direct Access to the Supreme Court: This provision allows for immediate redressal without the need to exhaust other
legal remedies, ensuring swift justice.
¾ Defender and Guarantor Role of the Supreme Court: This role emphasizes the Court’s responsibility to uphold the
Constitution and ensure that individual rights are protected against violations.
¾ Constitutional Remedies Through Writs: Article 32 equips the Supreme Court with the authority to issue various
writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) to enforce Fundamental Rights. These
writs are powerful tools that provide immediate relief and are critical for maintaining the rule of law.
¾ Role of High Courts Under Article 226: Similarly, Article 226 empowers High Courts to issue writs for the enforcement
of Fundamental Rights. This dual mechanism of the Supreme and High Courts ensures comprehensive protection and
effective remedy for violations at both central and state levels.
¾ Parliament’s Power to Empower Other Courts: This flexibility helps in decentralising the enforcement of rights and
expanding access to justice.
¾ Basic Structure Doctrine: The Supreme Court has established through the Basic Structure Doctrine that the right to
move to the Supreme Court under Article 32 cannot be suspended except as specifically provided by the Constitution.
This doctrine underscores the fundamental importance of Article 32 in protecting constitutional rights.

Article 32 is fundamental to the Indian Constitution as it provides an essential mechanism for the enforcement of
Fundamental Rights. Its role in ensuring immediate and effective remedies underscores its designation as the “heart and
soul” of the Constitution, reflecting its central importance in upholding democratic values and individual liberties in India.

Differences between Fundamental Rights and Directive Principles of State Policy

Feature Fundamental Rights Directive Principles of State Policy

Enforceability Legally enforceable Not legally enforceable

Nature Justiciable Non-justiciable

Purpose Protect individual liberties Promote social, economic, and political welfare

Scope Limited to specific rights enumerated in the Wider scope, encompassing social, economic, and
Constitution political goals
Role of Judiciary Can be enforced by the courts Not enforceable by the courts

Impact on Can be used to strike down laws that violate Serve as guidelines for making laws
Legislation them

Conflict Between Fundamental Rights and DPSPs – Key Judgements

¾ Champakam Dorairajan v. The State of Madras (1951):
™ In this case, the Supreme Court ruled that in case of any conflict between the FRs and the DPSP, the former
would prevail.
™ It declared that the DPSP have to conform to and run as subsidiary to the FRs.
™ It also held that the FRs could be amended by the Parliament by enacting constitutional amendment acts.
¾ Golaknath v. The State of Punjab (1967):
™ In this case, the Supreme Court declared that FRs could not be amended by the Parliament even for implementation
of DPSP
™ It was contradictory to its own judgement in the ‘Shankari Parsad case’.
¾ Kesavananda Bharati v. The State of Kerala (1973):
™ In this case, the Supreme Court overruled its Golak Nath (1967) verdict and declared that Parliament can amend
any part of the Constitution, but it cannot alter its “Basic Structure”.

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™ Thus, the Right to Property (Article 31) was eliminated from the list of Fundamental Rights.
¾ Minerva Mills v. Union of India (1980):
™ In this case, the Supreme Court reiterated that Parliament could amend any part of the Constitution, but it cannot
change the “Basic Structure” of the Constitution.

COMPLEMENTARITY OF DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL RIGHTS

The Indian Constitution establishes a framework for governance that balances individual rights with broader socio-
economic goals. This balance is achieved through Fundamental Rights (FR) and Directive Principles of State Policy (DPSP).
Despite being distinct, DPSPs and FRs are complementary and work together to fulfill the vision of a just society.

Complementarity of DPSP and FR:

¾ Holistic Vision of Justice: Fundamental Rights focus on protecting individual freedoms and ensuring justice, while
DPSPs aim to promote socio-economic welfare and social justice.
™ Article 21 guarantees the right to life and personal liberty, which ensures that individuals have the right to live
with dignity.
™ Article 41 directs the State to provide the right to work, to education, and to public assistance in cases of
unemployment, old age, sickness, and disablement.
9 This complements Article 21 by enhancing the conditions under which life and personal liberty are exercised.
¾ Promotion of Equality: FRs protect individual rights and prevent discrimination, while DPSPs aim to achieve
economic and social equality.
™ Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
™ Article 46 promotes the educational and economic interests of Scheduled Castes and Scheduled Tribes, thus
addressing inequalities that FRs aim to prevent.
¾ Social Justice and Economic Welfare: While FRs ensure the protection of basic rights, DPSPs guide the State in
creating conditions for equitable social and economic development.
™ Article 19 guarantees freedoms such as speech, assembly, and association.
™ Article 39 mandates that the State should direct its policy towards ensuring that all citizens have adequate means
of livelihood and that the economic system does not result in the concentration of wealth in a few hands.
9 This supports the broader goal of creating an environment where fundamental freedoms can be enjoyed fully.
¾ Empowerment and Development: DPSPs guide the State in shaping policies that promote welfare and development,
which in turn enhance the effective enjoyment of Fundamental Rights.
™ Article 23 prohibits human trafficking and forced labour.
™ Article 43 ensures that workers have a living wage and decent working conditions.
™ By addressing economic disparities and improving working conditions, DPSPs help in safeguarding workers’
rights under Article 23.
¾ Implementation of Rights: DPSPs provide a framework for achieving the full realisation of FRs by guiding the State’s
policy and legislative measures.
™ Article 14 guarantees equality before the law.
™ Article 39A directs the State to promote justice on a basis of equal opportunity and to provide free legal aid to the
poor.
™ This assists in ensuring that the principle of equality before the law is more effectively realized.

Directive Principles of State Policy and Fundamental Rights are integral to the Indian Constitution, each addressing
different aspects of governance and social justice. While Fundamental Rights focus on safeguarding individual freedoms
and ensuring justice, DPSPs provide a roadmap for the State to achieve socio-economic development and welfare. Their
complementary nature ensures a balanced approach to governance, where individual rights are protected, and broader
socio-economic goals are pursued, contributing to the creation of a just and equitable society.

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DEBATE ON ENFORCING FUNDAMENTAL DUTIES

The addition of Fundamental Duties to the Indian Constitution through the 42nd Constitutional Amendment Act of 1976,
following the recommendations of the Sardar Swaran Singh Committee, marked a significant shift towards emphasizing
citizens’ responsibilities alongside their rights. Article 51A outlines these duties, which are intended to foster civic
responsibility and promote national unity. However, the debate over whether these duties should be enforced by law involves
weighing the potential benefits against the drawbacks of such enforcement.

Need for Enforcing Fundamental Duties:

¾ Filling the Legal Vacuum: Fills the legal vacuum making them obligatory to enforce the needed discipline and
behavioural change among citizens. For Eg. In M.C. Mehta v. Union of India, the Supreme Court introduced compulsory
learning of lessons on protection and improvement of the natural environment in all the educational institutions of the
country as a part of the Fundamental duty under Article 51-A (g)
¾ Legislative and Executive Guidance: Fundamental Duties can guide legislative and executive actions, ensuring that
governance aligns with civic responsibilities. This alignment helps in creating a more disciplined and responsible
society.
¾ Complementing Directive Principles: DPSPs have influenced various legislative measures; similarly, Fundamental
Duties could lead to the enactment of laws that support national integration and environmental conservation.
¾ Guidance for Judicial Review: The interpretation of Fundamental Duties could help in adjudicating cases where the
balance between individual rights and collective responsibilities is at issue.
¾ Promoting Patriotism and Unity: Duties such as defending the country and rendering national service emphasize the
importance of national unity and patriotism, which are crucial for maintaining a cohesive society.

Drawbacks of Enforcing Fundamental Duties:

¾ Risk of Political Propaganda: Enforcing Fundamental Duties could be misused to advance political agendas or
cultural biases, potentially leading to the manipulation of educational content or civic policies. For Eg, there is a risk of
altering school curricula to promote specific ideological viewpoints under the guise of fulfilling Fundamental Duties.
¾ Redundancy of Existing Laws: Many Fundamental Duties overlap with existing legal obligations, rendering formal
enforcement redundant. Effective legislation already addresses issues like environmental protection. For Eg, the duty
to protect and improve the environment is already covered by comprehensive environmental laws, making additional
legal enforcement of this duty somewhat redundant.
¾ Futility Without Citizen Will: Legal enforcement of duties may be ineffective without genuine citizen commitment
and engagement. Merely imposing duties without fostering a sense of moral obligation may not achieve the
desired outcomes. The effectiveness of duties depends on the willingness of citizens to embrace and act upon these
responsibilities, beyond legal compulsion.
¾ Ambiguity in Scope: Some Fundamental Duties, like valuing and preserving cultural heritage, are broadly defined,
leading to subjective interpretations and potential misuse. For Eg, Instances of vigilante actions justified by cultural
preservation arguments.
¾ Potential for Moral Policing: The broad and vague nature of some duties can enable individuals or groups to engage
in moral policing, targeting others under the pretext of upholding duties. For Eg, Recent instances of violence and
harassment by cow vigilantes can be linked to the misuse of cultural preservation duties.

Way Forward:
¾ Voluntary Adherence: Encouraging voluntary compliance with Fundamental Duties, rather than mandating
enforcement, aligns with democratic principles and fosters genuine commitment.
¾ Enhanced Awareness and Education: For Fundamental Duties to be effective, they must be widely known and
understood. Comprehensive education and awareness campaigns are essential.

Conclusion: The enforcement of Fundamental Duties presents both opportunities and challenges. A balanced approach
that emphasizes voluntary compliance, public education, and careful consideration of legislative measures could help in
integrating Fundamental Duties effectively into Indian society. The ultimate goal should be to foster a culture of responsibility
and patriotism without compromising democratic values and individual freedoms.

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CONSTITUTIONAL AMENDMENT PROCESS

The Constitution of India provides for its amendment in order to adjust itself to the changing conditions and needs. Article
368 in Part XX of the Constitution deals with the powers of Parliament to amend the Constitution and its procedure.

Procedure for Amending the Indian Constitution

¾ Initiation of the Amendment Bill:
™ An amendment bill can be introduced in either house of Parliament.
™ Can be proposed by a minister or private member; no Presidential permission needed.
¾ Passing the Bill:
™ Must be approved by a majority of the total membership and a two-thirds majority of those present and voting in
both houses.
™ Each house must pass the bill separately.
™ There is no mechanism for resolving disagreements between houses through a joint sitting.
¾ Ratification by State Legislatures:
™ Amendments affecting the federal structure must be ratified by at least half of the state legislatures.
™ States must approve by a simple majority.
¾ Presidential Assent:
™ The bill is presented to the President for assent.
™ The President cannot withhold assent or return the bill for reconsideration.
¾ Enactment:
™ After Presidential assent, the bill becomes an act and is incorporated into the Constitution.

The Necessity of Constitutional Amendments

¾ Evolving Social Order: With evolution of society, weaker sections need to be protected with adequate safeguards to
maintain robust social order. For instance:
™ The 106th Amendment (2023) introduced reservation for women in Lok Sabha, state legislative assemblies, and
Delhi Assembly.
¾ Strengthening Institutions: Amendments can improve the functioning of government.
™ Anti-Defection Law: The 52nd amendment introduced the Anti-Defection Law to curb political instability
caused by defections from parties.
¾ Technological Advancements: New technologies can necessitate legal frameworks. For instance:
™ Privacy in the Digital Age: A debate exists on amending the Constitution to explicitly include the right to privacy
in the digital age, considering the rise of data collection and surveillance.
¾ Fulfilling Social Contracts: For example, the 73rd and 74th Amendments, which were introduced to realize the
dream of ‘Gram Swaraj’ as envisaged by Mahatma Gandhi.
¾ Structural Adjustments: Amendments like the abolition of the Right to Property from Fundamental Rights were
required for economic considerations.
¾ Addressing Practical Difficulties: Sometimes, amendments streamline processes:
™ GST (Goods and Services Tax): The 101st amendment introduced GST, a unified tax system aimed at simplifying
indirect taxation across India.

Criticisms of the Amending Procedure

¾ Parliamentary Control: Only Parliament can initiate amendments, potentially limiting broader participation and
inclusiveness.

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¾ Difficulty for Private Members: The procedure is challenging for private members to navigate, requiring significant
support to succeed.
¾ Ruling Party Influence: Majority Power: The ruling party’s strength in Parliament can facilitate amendments,
potentially sidelining minority views.
¾ Limited State Role: States can only ratify or reject amendments, not propose them, reflecting a centralized approach
rather than cooperative federalism.
¾ Absence of Time Frame: The Constitution does not specify a time frame for states to ratify amendments, which can
lead to delays and uncertainty.
¾ Vague Provisions: The procedural provisions are somewhat vague, leading to potential judicial interpretation and
legal challenges.

Summary Analysis
¾ Centralization vs. Flexibility: The procedure is centralized in Parliament, ensuring broad consensus but potentially
limiting the role of states and private members.
¾ Challenges for Private Members: The rigidity of the process makes it difficult for private members to propose
amendments, often requiring significant backing to succeed.
¾ Influence of Ruling Party: The dominance of the ruling party can lead to amendments that reflect the majority’s views,
potentially disregarding minority perspectives.
¾ State Involvement: The limited role of states in initiating amendments reflects a centralized system, which may not
fully support cooperative federalism.
¾ Potential Delays and Ambiguities: The lack of a specified time frame for ratification and the vague procedural
provisions can lead to delays and require judicial intervention.

Significance of the Amendment Provisions of the Constitution

¾ Adaptation to Change: Time and conditions (political, economic, social) evolve; hence, the Constitution must be
periodically amended to remain relevant and effective.
¾ Prevention of Stagnation: A static Constitution can impede national progress. Amendment provisions help address
and overcome future challenges and difficulties.
¾ Response to Technological Advances: New fields of knowledge and technology necessitate regulatory changes. For
example, the establishment of institutions like the Data Protection Authority of India requires constitutional backing.
¾ Flexibility for Reform: Allows for adaptation to new institutions, reform of existing ones, and integration of
international commitments into national laws, e.g., GST and GST Council.
¾ Strengthening Foundational Principles: Amendments support foundational principles like cooperative federalism
(e.g., GST Council) and ensure equality by providing constitutional status to bodies like the National Commission for
Backwards Classes.
¾ Prevention of Extra-Constitutional Methods: Without amendment provisions, changes might be sought through
non-constitutional means, such as revolution.
¾ Judicial Oversight: While Parliament has broad amending powers, the Basic Structure Doctrine enforced by the
Supreme Court provides a check on these powers, ensuring amendments do not alter the fundamental principles of
the Constitution.

Despite these criticisms, the procedure has proven effective in adapting to changing needs, maintaining a balance between
flexibility and rigidity, and ensuring the Constitution evolves in response to societal changes.

KESAVANANDA BHARATI CASE (1973)

¾ Introduced the concept that Parliament cannot alter the ‘basic structure’ of the Constitution.
¾ This doctrine defines the limits of Parliament’s amending power under Article 368.
¾ Supreme Court overruled its earlier Golak Nath case judgment.
¾ Upheld the 24th Amendment Act, affirming Parliament’s power to amend Fundamental Rights.
¾ The Supreme Court ruled that the amending power is not absolute; it cannot modify or destroy the Constitution’s basic
structure.

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¾ The term ‘amend’ in Article 368 refers to changes that do not alter the basic features of the Constitution.

Substantive Limitation: Established a substantive limitation on Parliament’s power to amend the Constitution, ensuring
fundamental principles are preserved.

Academic Debate:
¾ Criticism: Opponents argue that the doctrine introduces a metaphysical rather than a legal approach, and that the
judiciary may be overstepping by creating new constitutional norms.
¾ Support: Proponents contend that the doctrine preserves the sanctity and core values of the Constitution, protecting
it from potential erosion by legislative amendments.

BASIC STRUCTURE DOCTRINE

The Basic Structure Doctrine was propounded by the Supreme Court of India in the landmark Kesavananda Bharati case
(1973). It asserts that certain fundamental features of the Constitution cannot be altered by any amendment, ensuring the
preservation of the Constitution’s core principles.

Relevance of the Basic Structure Doctrine in maintaining the integrity of the Indian Constitution
¾ Preservation of Democratic Framework: The doctrine ensures the democratic principles of the Constitution are
upheld, preventing Parliament from making autocratic changes.
™ For example: it thwarted efforts to subvert democratic processes through constitutional amendments during the
Emergency period.
¾ Upholding Constitutional Supremacy: The Minerva Mills v. Union of India (1980) judgement struck down sections
4 and 55 of the 42nd Amendment Act of 1976. The court ruled that these sections violated the Constitution’s basic
structure doctrine. This affirmed that the Constitution, rather than Parliament, is supreme.
¾ Judicial Independence: The doctrine safeguards the independence of the judiciary, essential for maintaining the rule
of law and ensuring checks and balances.
™ For example: In the Indira Gandhi case (1975), Supreme Court invalidates a provision of the 39th Amendment
Act 1975, which kept the election dispute involving the Prime Minister and the Speaker of Lok Sabha outside the
jurisdiction of all courts.
¾ Harmony Between State and Individual Rights: This was evident in the Minerva Mills Case (1980), where the court
ensured that DPSP are subordinate to Fundamental Rights. It highlighted that the Indian Constitution is based on a
balance between Fundamental Rights and Directive Principles.
¾ Protection of Federalism: It protects the federal structure by ensuring a balanced distribution of powers between the
central and state governments.
™ For example: the S.R. Bommai v. Union of India (1994) case, where the doctrine was crucial in evaluating the
misuse of Article 356 related to state emergencies.
¾ Upholding the Rule of Law: The doctrine underscores that everyone, including top officials, is subject to the law.
™ For example: In the Indira Nehru Gandhi v. Raj Narain (1975) case, the Prime Minister was found guilty of
electoral malpractices, leading to her election being annulled and a subsequent ban from elected office for six
years.
¾ Secularism as a Core Value: It maintains secularism by prohibiting amendments that could establish a state religion,
thereby preserving communal harmony.
™ For example: In the S.R. Bommai case, Secularism was affirmed as a fundamental feature, scrutinizing the misuse
of Presidential Rule on communal grounds.

Challenges associated with the Basic Structure Doctrine

¾ Vagueness and Ambiguity: The doctrine lacks a precise definition of what constitutes the “basic structure,” leading to
uncertainty and unpredictable judicial decisions.

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™ For example: Different Supreme Court benches may interpret basic features differently, resulting in inconsistencies
in the law.
¾ Legislative Constraints: The doctrine restricts Parliament’s ability to make necessary and potentially beneficial changes
to the Constitution, limiting legislative flexibility.
™ For example: the annulment of parts of the 42nd Amendment in the Minerva Mills case.
¾ Judicial Overreach: Critics argue that the doctrine allows the judiciary to encroach on the legislative domain.
™ For example: In 2015, the Supreme Court declared the 99th Constitutional Amendment Act, 2014 and the National
Judicial Appointment Commission (NJAC) Act, 2014 to be unconstitutional and null and void.
¾ Unclear Boundaries: The lack of clear boundaries on what constitutes the basic structure can lead to courts potentially
overstepping their mandate.
™ For example: This was seen in the Indira Nehru Gandhi v. Raj Narain case, where the court annulled the election
of the Prime Minister based on basic structure grounds.
¾ Potential for Inconsistency: Different benches of the Supreme Court may interpret the doctrine differently leading to
inconsistent judgments.
™ For example: The differing interpretations in the S.R. Bommai case and other subsequent rulings illustrate this
inconsistency.
¾ Political Implications: The doctrine can be used as a tool in political disputes, with opposition parties challenging
government-led amendments.
™ For example: State governments have often contested the constitutionality of central laws, such as the abrogation
of Article 370, by claiming they violate the basic structure.
¾ Lack of Democratic Legitimacy: Judges, who are not elected representatives, shape the Constitution through the basic
structure doctrine, which can be seen as lacking democratic legitimacy. Decisions protecting the basic structure are
made by appointed judges without direct input from the electorate.

Way Forward
¾ Clear Definition: Establish a clearer, more precise definition of what constitutes the basic structure to reduce
ambiguities.
™ For Example: Creating a comprehensive list based on past judgments could help clarify.
¾ Engage Civil Society: Involve civil society organizations in discussions about the basic structure to ensure diverse
perspectives and broader societal input. This inclusive approach could mirror the participatory model used in drafting
the Lokpal Bill.
¾ Specialized Bench: Consider forming a specialized constitutional bench to handle cases related to the basic structure,
ensuring expertise and consistency in judgments.
¾ Research and Documentation: Encourage in-depth research and documentation in universities and think tanks about
the doctrine’s impact and evolution, providing a solid foundation for future judgments.
¾ Judicial Accountability: Enhance judicial accountability by ensuring that decisions regarding the basic structure are
subject to peer review and scrutiny.
™ For Example: Setting up a panel of senior judges to review and validate decisions that invoke the basic structure
doctrine.

The Basic Structure Doctrine plays a crucial role in maintaining the integrity and identity of the Indian Constitution. While
it poses certain challenges, with a balanced and clear approach, it can continue to safeguard the fundamental ethos of the
Constitution while allowing for necessary evolution and adaptation.

Zia Modi, in her book ‘The Ten Judgments that changed India’, has given the following arguments-
1. Although the judiciary was wrong from the academic point of view, but from the practical point of view, it was the need
of the time in the Indian context.

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2. It has proved to be a blessing in disguise as it has checked the authoritarianism of the government. This has stopped
India from going on the path of the other Third World countries.

DOCTRINE OF SEPARATION OF POWERS

¾ The separation of powers divides government functions into three branches: legislative, executive, and judicial.
¾ Article 50: Mandates that states take measures to separate the Judiciary from the Executive to maintain independence
and prevent overlap.
¾ Ensures no single branch accumulates excessive power, maintaining a balance and preventing tyranny.
¾ The Indian Constitution outlines the roles and functions of each government branch and sets norms for their
interactions, including checks and balances.

Instruments of Checks & Balances

1. Legislative Control:
On Judiciary:
™ Can impeach and remove judges.
™ Can amend laws declared unconstitutional by the judiciary and revalidate them.
On Executive:
™ Can dissolve the government via a no-confidence vote.
™ Monitors executive actions through mechanisms like question hour and zero hour.
2. Executive Control:
On Judiciary:
™ Appoints Chief Justice and other judges.
3. On Legislature:
™ Exercises powers under delegated legislation.
™ Regulates procedural rules for conducting legislative business within constitutional bounds.
4. Judicial Control:
On Executive:
™ Conducts judicial reviews to assess whether executive actions comply with the Constitution.
On Legislature:
™ Enforces the Basic Structure Doctrine, which limits Parliament’s power to amend the Constitution, as established
in the Kesavananda Bharati case (1973).

Issues
1. Weakened Opposition: Effective opposition is crucial for checks and balances in a democracy. A dominant party can
diminish the role of the opposition, risking majoritarianism.
2. Judiciary’s Reluctance: The Supreme Court struck down the 99th constitutional amendment and the NJAC, which
aimed to enhance judicial appointments and independence, citing it as ultra vires.
The NJAC could have improved the independence of the judiciary, ensured better quality appointments, enhanced
fairness, and increased public confidence in the judicial system.
3. Executive Excesses: Concerns about the executive’s centralization of power, weakening public institutions, and
enacting laws that might curtail freedoms while enhancing state control.

Conclusion

The doctrine of separation of powers is fundamental to maintaining a balanced government structure, ensuring that no
single branch wields unchecked power. However, issues like weakened opposition, judicial activism, and executive overreach
highlight ongoing challenges in upholding this doctrine in practice.

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PARLIAMENTARY FORM OF GOVERNMENT

Also Known as Westminster Model/ Cabinet Government/ Responsible Government

Major Features
¾ Nominal and Real Executives:

Nominal Executive: Head of State (e.g., President or Monarch) with ceremonial duties.

Real Executive: Head of Government (e.g., Prime Minister) who holds actual executive power.
¾ Majority Party Rule: Government is formed by the party (or coalition) with the majority in the lower house of
Parliament.
¾ Collective Responsibility: The entire Council of Ministers is collectively responsible to the Parliament and, ultimately,
to the people.
¾ Role of Opposition: Opposition parties scrutinize and challenge the ruling government, ensuring accountability.
¾ Bicameral Legislature: Parliament typically consists of two houses (e.g., Lok Sabha and Rajya Sabha in India).
¾ Dissolution Powers: The President can dissolve the Lok Sabha on the recommendation of the Prime Minister. The
Rajya Sabha is a permanent house and cannot be dissolved.

Advantages
1. Coordination: Facilitates better coordination between the legislative and executive branches.
2. Prevention of Authoritarianism: Executive accountability to the legislature prevents concentration of power.
3. Participatory Decision-Making: Encourages inclusive and participatory governance.
4. Flexibility: Government can be replaced if it loses majority support. The Prime Minister can be easily changed if
necessary.
5. Representation: Provides representation of diverse groups within Parliament and government, which is vital in diverse
societies like India.
6. Adaptability: The system allows for changes in leadership and policy with relative ease.

Demerits
1. Instability: Political defections and coalition politics can lead to government instability.
2. Policy Changes: Frequent changes in the ruling party can result in shifts in government policies.
3. Autocratic Tendencies: A majority party can become autocratic, exercising excessive power, especially if it holds an
absolute majority.
4. Separation of Powers: The Cabinet acts as both the executive and legislative leader, potentially undermining the
separation of powers.
5. Ministerial Expertise: Ministers may lack expertise in their portfolios, limiting the Prime Minister’s choice in selecting
competent ministers.

Conclusion

The parliamentary system of government, while offering significant advantages such as coordination and inclusiveness,
also presents challenges, including potential instability and a blurring of executive-legislative boundaries. The effective
functioning of Parliament is crucial for maintaining democratic principles and ensuring that the government remains
accountable to the people.

RELEVANCE OF THE RAJYA SABHA IN INDIAN DEMOCRACY

The Rajya Sabha, or Council of States, is the upper house of the Indian Parliament. It was established to provide a balance
to the more populous Lok Sabha and ensure a federal perspective within the legislative process.

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Key Relevance
1. Permanent Body:
™ Unlike the Lok Sabha, the Rajya Sabha is not dissolved.
™ One-third of its members retire every two years, ensuring continuity and a mix of new and experienced members.
™ This setup helps maintain stability and continuity in governance.
2. Review and Revaluation Role:
™ Acts as a revising chamber to review and correct legislation passed by the Lok Sabha.
™ Provides a platform for regional and smaller parties to contribute to national debates.
3. House of Checks and Balances:
™ Offers a check on the Lok Sabha, especially on decisions driven by populist sentiments.
™ Unlike the British House of Lords, Rajya Sabha members are not hereditary; they are elected or nominated.
4. Voice of the States:
™ Members are elected by state legislative assemblies and represent states and union territories.
™ Allocates seats to states and union territories based on the Fourth Schedule of the Constitution, balancing state
representation.
5. Conduit Between States and Parliament:
™ Facilitates the representation of states’ interests in national legislation.
™ Promotes federal principles by providing states with a direct voice in national matters.
6. Promotes Participatory Democracy:
™ The President nominates twelve members for their contributions to arts, literature, sciences, and social services.
™ Allows eminent personalities from diverse fields to participate in legislative processes.

Special Powers of Rajya Sabha

1. Legislation on State List Matters: Under Article 249, the Rajya Sabha can pass resolutions to allow Parliament to
legislate on State List matters if it secures a two-thirds majority.
2. Creation of All India Services: Article 312 allows the Rajya Sabha to pass resolutions for the creation of All India
Services, serving both Union and State governments.
3. Proclamation of President’s Rule: The Rajya Sabha can approve the imposition of President’s Rule if the Lok Sabha is
dissolved, under Articles 352, 356, and 360.
4. Removal of Vice President: Only the Rajya Sabha can introduce a
resolution for the removal of the Vice President, as per Article 67.

Concerns Related to Rajya Sabha

1. Subverting Federal Character: The Representation of People (Amendment)
Act, 2003, removed the domicile requirement for Rajya Sabha candidates,
allowing non-residents to contest elections from any state.
2. Use of Rajya Sabha Seats: Ruling parties sometimes elect defeated
candidates from the Lok Sabha to the Rajya Sabha, raising questions about
its effectiveness.
3. Limited Powers on Money Bills: Money Bills can only be introduced in the Lok Sabha. The Rajya Sabha can only
recommend amendments and must return the bill within 14 days, limiting its influence on financial legislation.
4. Bypassing the Rajya Sabha: Some ordinary bills are passed as Money Bills to circumvent Rajya Sabha scrutiny,
questioning the efficacy of the upper house.
5. Issues with Joint Sittings: In joint sittings, the Lok Sabha’s larger membership typically prevails over the Rajya Sabha,
limiting its power.
6. Other Limitations:
™ The Rajya Sabha cannot introduce no-confidence motions.

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™ Plays a limited role in the Public Accounts Committee and is not involved in the Estimates Committee.

Conclusion

The Rajya Sabha plays a crucial role in Indian democracy by ensuring continuity, providing a review mechanism, representing
states, and enhancing participatory democracy. However, concerns about its effectiveness and influence, particularly in
financial matters and legislative processes, highlight ongoing debates about its role and reforms.

COLLEGIUM SYSTEM: OVERVIEW AND EVOLUTION

The Collegium System is a system for appointing and transferring judges in the Supreme Court and High Courts of India.
It has evolved through various Supreme Court judgments and is not established by an Act of Parliament or a specific
constitutional provision.

Evolution
1. First Judges Case (S.P. Gupta v. Union of India, 1981):
™ Established that the Chief Justice of India (CJI) had primacy in recommending judicial appointments but
acknowledged that the Executive could refuse these recommendations with “cogent reasons.”
™ Led to Executive dominance in judicial appointments for over a decade.
2. Second Judges Case (Supreme Court Advocates-on-Record Association v. Union of India, 1993):
™ Introduced the Collegium System, stating that “consultation” meant “concurrence” and that judicial appointments
required the consensus of the CJI and the two senior-most judges of the Supreme Court.
3. Third Judges Case (Presidential Reference, 1998):
™ Expanded the Collegium to a five-member body, including the CJI and the four senior-most judges of the Supreme
Court.
™ Provided a more structured approach to judicial appointments and transfers.
4. National Judicial Appointments Commission (NJAC) Act (2014):
™ Created a commission including the CJI, two senior-most Supreme Court judges, the Law Minister, and two
eminent persons.
™ Declared unconstitutional in October 2015 by the Supreme Court, reinforcing the Collegium System.

Composition of the Collegium

1. Supreme Court Collegium:
™ Composed of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
2. High Court Collegium:
™ Led by the Chief Justice of the High Court and includes the two senior-most judges of that court.
3. Appointment Process:
™ Judges for the Supreme Court and High Courts are appointed through this Collegium System.
™ The government has a role only after the names have been finalised by the Collegium.

Constitutional Articles:

Article 124(2): Deals with the appointment of Supreme Court judges.

Article 217: Deals with the appointment of High Court judges.

Issues Related to the Collegium System

1. Against the system of checks and balances: The collegium system violates the principle of checks and balances as it
ensures the complete exclusion of the executive from the judicial appointment process.

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2. Lack of Accountability: The Collegium is not accountable to any administrative body, potentially resulting in poor
choices and overlooking suitable candidates.
3. Favouritism and Nepotism: Absence of specific criteria for CJI appointments may lead to nepotism and favouritism.
4. Judicial vacancies: It has struggled to keep up with the stagnant vacancies in the judiciary, leading to the pendency of
cases.
5. Lack of transparency: The collegium system is often criticised for its lack of transparency, as the reasons for the
collegium’s decisions are not disclosed to the public.
6. Closed-Door Mechanism: Decisions are made in private, with no official minutes or public records of Collegium
meetings.
7. Unequal Representation: Women and other marginalised groups are underrepresented in the higher judiciary.
8. Transfer of judges: Currently, the Supreme Court and the government do not disclose the reason for a transfer of
judges. There is a possible threat to judicial independence.

Way Forward
¾ Need for Reform: Consider establishing a permanent, independent body to institutionalise the appointment process,
balancing judicial independence with executive oversight.
¾ Ensuring Diversity and Integrity: The reform should ensure independence, reflect diversity, and demonstrate
professional competence and integrity.
¾ Collaborative Approach: A collaborative approach involving both the executive and judiciary is essential for filling
vacancies and maintaining a balanced judicial system.

CENTRE-STATE RELATIONSHIP IN INDIA

India’s federal structure is characterized by the division of powers between the central government and state governments.
This framework is crucial for maintaining the stability, security, and economic progress of the country.

The relationship is defined and governed by various constitutional provisions and has evolved over time.

Constitutional Provisions
1. Legislative Relations (Articles 245 to 255):
™ Union List: 100 subjects under the exclusive jurisdiction of the central government.
™ State List: 61 subjects under the exclusive jurisdiction of state governments.
™ Concurrent List: 52 subjects where both the Centre and States can legislate. In case of conflict, central law prevails.
2. Administrative Relations (Articles 256 to 263):
™ Article 256: States must ensure that laws made by Parliament are implemented.
™ Article 257: The central government can issue directions to the states to ensure proper administration of laws.
™ Article 263: Establishes a mechanism for inter-state councils to resolve disputes and coordinate between states
and the Centre.
3. Financial Relations (Articles 268 to 293):
™ Article 268: Duties levied by the Centre but collected and appropriated by States.
™ Article 269: Taxes on the sale of goods and services levied by the Centre but collected by States.
™ Article 270: Distribution of tax revenues between the Centre and States.
™ Finance Commission (Article 280): Appointed every five years to recommend the distribution of financial
resources between the Centre and States.

Historical Evolution of Centre-State Relations

1. Phase 1 (1950-67):
™ Central Dominance: The Congress party’s dominance at both the Centre and State levels led to a centralized
approach.

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™ Consultation and Accommodation: This era was characterized by mutual consultation and a consensus-based
approach.
2. Phase 2 (1967-77):
™ Increased Centralization: Rise in centralization with frequent use of Article 356 (President’s Rule), leading to
political instability in states.
™ Misuse of Power: Central government’s increased intervention in state matters.
3. Phase 3 (1977-89):
™ Coalition Politics: Emergence of coalition politics increased demands for state autonomy and decentralized
governance.
™ Decentralization: Greater emphasis on political decentralization and state autonomy.
4. Phase 4 (1989 Onwards):
™ Federalisation: Coalition governments at the Centre and the rise of regional parties have strengthened federal
principles.
™ Regional Influence: Regional parties play a significant role in national politics and policy-making.

Current Challenges to Centre-State Federalism in India

Key Challenge Explanation Recent Examples (2024–25)

Fiscal ¾ States depend heavily on the Centre for ¾ Delay in GST compensation; Centre’s
Centralisation funds due to limited independent revenue dominance in GST Council decisions.
sources.
Conflicting ¾ Overlap in the Concurrent List leads to ¾ Tamil Nadu opposed NEP 2020, citing
Jurisdictions policy and administrative conflicts. encroachment on state’s education domain.
Inefficient ¾ Lack of structured collaboration results in ¾ During COVID-19, states flagged poor
Coordination delayed responses and duplication. coordination in vaccine supply and lockdown
strategy.
Politicisation of ¾ Central institutions used to influence or ¾ Delayed Governor assent to state bills;
Federal Roles undermine state governments politically. misuse allegations of CBI/ED in opposition-
led states.
Assertion of ¾ Central cultural policies are often seen as ¾ Tamil Nadu’s 2024–25 Budget featured a
Cultural Identity homogenising, sparking regional resistance. separate rupee symbol to assert cultural
identity.
Planning Without ¾ Centrally Sponsored Schemes lack flexibility ¾ States critique NITI Aayog’s one-size-fits-
Local Context to accommodate regional variations. all approach; lack of customization in CSS
design.

Contemporary Centre-State Relations

1. Cooperative Federalism:
™ Partnership Approach: Emphasizes cooperation between the Centre and States to achieve common developmental
goals.
™ Examples:
9 GST Implementation: Unified Goods and Services Tax system requiring cooperation between the Centre
and States.
9 NITI Aayog: Promotes bottom-up development planning and supports cooperative federalism.
2. Competitive Federalism:
™ State Competition: States compete to attract investments, improve governance, and enhance administrative
performance.
™ Examples:
9 Ease of Doing Business Rankings: States strive to improve their rankings to attract businesses.

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9 Restructuring Centrally Sponsored Schemes: Competitive approach in implementing and optimizing
centrally sponsored schemes.

Summary

India’s Centre-State relationship has evolved from a centralized approach to a more balanced federal structure, incorporating
elements of both cooperative and competitive federalism. The constitutional framework provides for a division of powers,
while historical phases reflect shifts in political dynamics and governance practices. The contemporary approach aims to
balance cooperative and competitive elements, enhancing both state autonomy and collaborative development.

ASYMMETRIC FEDERALISM IN INDIA

Asymmetric federalism in India reflects a federal structure where different constituent units (states) possess varying degrees
of power in political, administrative, and fiscal domains. This form of federalism is integral to India’s governance and
political framework, recognizing the country’s vast diversity and regional needs.

Importance of Asymmetric Federalism in India

1. Securing Rights:
™ Fundamental Rights: Asymmetric federalism helps address initial social disparities by providing special rights
and protections to certain regions, ensuring a more equitable distribution of resources and opportunities.
2. Protecting Ethnicity and Culture:
™ Article 371: This article grants special powers to certain northeastern states, allowing them to preserve their
unique customs, laws, and practices, which helps in maintaining their cultural heritage.
3. Consolidating Social Fabric:
™ Empowerment: Special powers and semi-autonomy granted to specific regions help in strengthening their sense
of empowerment and belonging, reducing secessionist tendencies and fostering national unity.
4. Strengthening Democracy and Representation:
™ Minority Representation: By accommodating the specific needs of minority regions through special provisions,
asymmetric federalism reinforces democratic principles and ensures that diverse voices are represented.
5. Promoting Unity in Diversity:
™ Diversity Protection: Asymmetric federalism supports the principle of ‘Unity in Diversity’ by addressing the
specific needs of vulnerable and diverse groups through tailored policies.
6. Ensuring Social Justice:
™ Special Status: Provisions for special status and categories aim to promote social justice by addressing historical
inequalities and providing targeted support.
7. Reducing Radicalisation:
™ Mainstreaming: Special powers granted to certain states can help integrate marginalized regions into the
mainstream development process, reducing the potential for radicalization.

Challenges of Asymmetric Federalism in India

1. Centre-State Conflicts:
™ Special Category Status: The demand for special category status by various states can lead to conflicts between
the Centre and states, impacting cooperative governance.
2. Allegations of Partisanship:
™ Discriminatory Practices: There have been concerns about discriminatory practices, such as differential treatment
in the allocation of resources or fiscal advantages, as observed with the 15th Finance Commission’s decisions.
3. Arbitrariness:
™ Unequal Treatment: The absence of uniform criteria for granting special status can lead to arbitrary decisions,
resulting in uneven development and dissatisfaction among states not granted special status.

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4. Lack of Quantifiable Criteria:
™ Political Motivation: Preferential treatment of certain states may be driven more by political considerations than
by objective needs, leading to perceptions of unfairness.
5. Anti-Egalitarian Nature:
™ Inequality: Asymmetric federalism is sometimes criticised for being anti-egalitarian, as it might prevent the
extension of rights and benefits available in other parts of the country to all regions.

Constitutional Provisions and Recent Developments

1. Constitutional Provisions:
™ Article 371: Grants special provisions to certain states, including special powers and autonomy to address their
unique needs and challenges.
™ Other Articles: Various articles in the Constitution provide for special status and privileges to different states,
contributing to the framework of asymmetric federalism.
2. Recent Developments:
™ Special Status Debates: Ongoing discussions about special status for states like Jammu & Kashmir and various
northeastern states reflect the evolving discourse on asymmetric federalism.
™ Fiscal Advantages: The allocation of financial resources and fiscal benefits to certain states continues to be a
contentious issue, influencing the dynamics of Centre-State relations.

Conclusion

Asymmetric federalism is a crucial element of India’s federal structure, designed to manage the country’s vast diversity
and regional differences. While it plays a significant role in accommodating varied regional needs and promoting unity, it
also presents challenges such as potential conflicts, allegations of bias, and issues of fairness. Addressing these challenges
through transparent and equitable policies is essential for maintaining the balance between unity and diversity in India’s
federal framework.

WAYS TO BETTER MANAGE CENTRE-STATE RELATIONS IN INDIA

The Indian Constitution establishes a federal framework that aims to balance power between the Centre and the states.
Over time, the dynamics of Centre-State relations have evolved, influenced by political, economic, and social changes.
Effective management of these relations is crucial for maintaining national unity and ensuring equitable development.
Various commissions have provided valuable recommendations to improve these relations.

Here’s a comprehensive analysis and recommendations:

Historical Commissions and Their Recommendations

1. First Administrative Reforms Commission (1966)
™ Inter-State Council: Recommended the establishment of the Inter-State Council under Article 263 to facilitate
better coordination between the Centre and states.
™ Governors: Suggested appointing Governors with substantial experience in public life and administration.
™ Delegation of Powers: Advocated for delegating more powers to the states to enhance their autonomy.
™ Financial Resources: Emphasized increasing the transfer of financial resources to states for balanced development.
2. Sarkaria Commission (1983)
™ Permanent Inter-State Council: Recommended the establishment of a permanent Inter-State Council to address
inter-state issues and promote cooperative federalism.
™ Article 356: Advised restricting the use of Article 356 (President’s Rule) to prevent misuse and promote state
autonomy.
™ All-India Services: Suggested strengthening and expanding All-India Services for better administrative
coordination.

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™ Communication on State Bills: Recommended that the President communicate reasons for withholding assent
to state bills.
™ Zonal Councils: Advocated for the reactivation of Zonal Councils to address regional issues.
™ Consultation with States: Emphasised the need for consultation with states on matters like security deployment
and laws on concurrent list subjects.
3. M.M. Punchhi Commission (2007)
™ Communication on Pending Bills: Reiterated the need for the President to communicate with states about
pending bills.
™ State List and Concurrent List: Recommended greater flexibility for states on subjects in the State List and those
transferred from the Concurrent List.
™ Governors’ Discretionary Powers: Suggested narrowing the scope of discretionary powers of Governors under
Article 163.
™ Chief Minister Appointment: Proposed guidelines for appointing the Chief Minister in case of a hung assembly.
™ Permanent Finance Commission: Recommended making the Finance Commission a permanent body with
rotating membership.
™ Judicial Councils: Suggested setting up judicial councils for budget preparation and sharing the budget between
the Centre and states.
™ Rajya Sabha Representation: Advocated for equal representation of states in the Rajya Sabha.
4. National Commission to Review the Working of the Constitution (NCRWC)
™ Inter-State Trade and Commerce Commission: Proposed to create the Inter-State Trade and Commerce
Commission under Article 307 to manage inter-state trade issues.
™ Political Breakdown: Suggested providing states an opportunity to address political breakdowns before invoking
Article 356.

Recent Developments
5. Cooperative Federalism:
™ GST Council: The GST Council is a key example of cooperative federalism, involving both the Centre and states
in decision-making for tax policy and implementation.
™ Competitive Federalism: States are now competing for benefits through rankings and indices, fostering better
governance and performance.
™ Collaborative Crisis Management: The Centre and states have worked together during crises like the COVID-19
pandemic, showcasing improved coordination and cooperation.
6. Shift in Dynamics:
™ Increased State Role: States are playing a more significant role in areas such as health, education, and environment,
reflecting a move towards a more balanced federal approach.
™ Policy Implementation: There is a growing emphasis on implementing recommendations from commissions to
address Centre-State issues effectively.

Recommendations for Better Management

1. Strengthening the Inter-State Council: Ensure that the Inter-State Council is effective in addressing inter-state
disputes and promoting cooperative federalism.
2. Enhancing Financial Devolution: Increase the transfer of financial resources to states, ensuring equitable distribution
and addressing regional disparities.
3. Reforming the Appointment Process: Appoint Governors with relevant experience and ensure their role is supportive
rather than interventionist.
4. Clarifying Constitutional Provisions: Provide clearer guidelines on the use of Article 356 and the discretionary
powers of Governors to prevent misuse.
5. Improving Transparency and Accountability: Implement measures to increase transparency in the Centre-State
relationship and hold both levels of government accountable for their roles.

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6. Promoting Greater State Autonomy: Allow states more flexibility in managing subjects in the State List and those in
the Concurrent List, respecting their unique needs and contexts.
7. Institutionalizing Reforms: Adopt institutional reforms recommended by various commissions to address
contemporary challenges and improve governance.

Conclusion

Effective management of Centre-State relations is crucial for India’s stability and development. By implementing the
recommendations of various commissions and adapting to evolving dynamics, India can achieve a more balanced and
cooperative federal system. As Dr. B.R. Ambedkar emphasized, while administrative convenience divides the country into
states, the essence of India remains as a unified whole. Balancing autonomy with unity is key to ensuring that all regions
thrive within the framework of a strong and cohesive nation.

INTER-STATE RIVER WATER DISPUTES IN INDIA

India’s river systems, vital for agriculture, drinking water, power generation, and ecological balance, often transcend political
boundaries. As states compete for limited and unevenly distributed water resources, inter-state river water disputes have
emerged as a persistent challenge to Indian federalism. These conflicts are aggravated by climatic variability, competing
interests, and institutional gaps, demanding legal and administrative redress.

Constitutional and Statutory Provisions

¾ Article 262 (1): Empowers Parliament to adjudicate inter-state river disputes through legislation.
¾ Article 262 (2): Allows Parliament to bar the Supreme Court and other courts from jurisdiction in such disputes.
¾ Seventh Schedule:
™ Entry 17, State List: Water supply, irrigation, and canals.
™ Entry 56, Union List: Regulation and development of inter-state rivers and valleys.
¾ Inter-State River Water Disputes Act, 1956: Enables the establishment of tribunals for dispute resolution.
¾ River Boards Act, 1956: Intended to promote coordinated regulation and development of inter-state rivers (largely
dormant in practice).

Reasons Behind Rising Disputes

¾ Demand-Supply Mismatch: India has 18% of the global population but only 4% of renewable freshwater.
™ Example: Ongoing disputes over Cauvery and Krishna due to increasing urban and agricultural demand.
¾ Climate Change: Erratic rainfall, glacial melt, and droughts affect water availability and river flows.
™ Example: Reduced water flow in rivers like Sutlej and Yamuna has led to upstream-downstream conflicts.
¾ Political Incentives: Water issues are often politicised to rally regional sentiments and electoral gains.
™ Example: Punjab’s refusal to share Ravi-Beas water with Haryana despite tribunal awards.
¾ State Bifurcation: Creation of new states brings fresh disputes over river sharing and dam infrastructure.
™ Example: Telangana’s conflict with Andhra Pradesh over Krishna and Godavari River allocations.
¾ Agricultural Patterns: Cultivation of water-intensive crops like paddy and sugarcane exacerbates shortages.
™ Example: Excessive use of Cauvery water for paddy in Tamil Nadu impacts Karnataka’s needs.
¾ Pollution and Over-extraction: Pollution and excessive groundwater extraction further reduce usable water.
™ Example: Yamuna’s pollution and dwindling flow affect Delhi-Haryana water disputes.
Structural and Institutional Issues

¾ Constitutional Ambiguity
™ Water is in the State List, but inter-state regulation is a Union prerogative, creating friction.

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¾ Legal Contradictions
™ Article 262 bars judicial review, but Article 136 permits SC appeals on tribunal verdicts, causing legal confusion.
¾ Ineffective Implementation
™ Delays in notification and non-enforcement of tribunal awards hamper dispute resolution.
9 Example: The Cauvery tribunal award took decades for implementation and required SC intervention.
¾ Multiple Tribunals Without Time Limit
™ Each new dispute needs a separate tribunal; decisions take years due to no statutory time limit.
¾ Lack of Cooperative Mechanism
9 Inter-state river boards exist only on paper; no empowered central river basin authority exists for
coordinated planning.

Key Shortcomings of the Act

1. No Time Limit for Tribunal Awards
™ The Act originally did not prescribe a time frame for adjudicating disputes, leading to prolonged delays.
™ Example: The Cauvery Water Dispute Tribunal took 28 years (1990–2018) to give its final award, requiring
Supreme Court intervention.
2. Lack of Enforcement Mechanism
™ The Act does not clearly specify how tribunal decisions will be enforced or monitored after pronouncement.
™ Example: Several tribunal awards, including the Godavari and Ravi-Beas awards, have remained partially
unimplemented due to weak enforcement provisions.
3. One Tribunal Per Dispute
™ The Act mandates setting up a separate tribunal for each dispute, resulting in duplication of infrastructure and
slow case processing.
™ Consequence: Increases administrative burden, delays institutional learning, and lacks continuity of expertise.
4. Jurisdictional Ambiguity
™ While Article 262 bars the Supreme Court’s jurisdiction, Article 136 allows appeals, creating legal confusion.
™ Impact: States challenge tribunal awards in the SC, prolonging conflict resolution and undermining the exclusivity
of tribunals.
5. No Provision for Interim Relief
™ The Act lacks a clear mechanism for granting interim relief to states during ongoing proceedings.
™ Example: Karnataka sought interim water from the Cauvery River while the tribunal was still deliberating, leading
to a constitutional crisis.
6. Lack of Institutional Continuity
™ Tribunals are ad hoc bodies, dissolved after award, with no permanent staff or institutional memory.
™ Impact: No follow-up mechanism exists to address implementation challenges or monitor changing hydrological
conditions.
7. Central Government Discretion
™ The Centre has discretion in referring disputes to a tribunal, which can be politically influenced or delayed.
™ Example: The Centre delayed the reference of the Mahadayi river dispute despite repeated demands from Goa
and Karnataka.
8. Inadequate Technical and Scientific Support
™ Tribunals often lack support from experts in climate science, hydrology, and river basin management.
™ Impact: Decisions may ignore ecological sustainability, groundwater dynamics, or climate variability.

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Way Forward
1. Permanent Inter-State Water Dispute Tribunal
™ Establish a single, standing tribunal with multiple benches and time-bound procedures.
2. Distress Sharing Formula
™ Create equitable water-sharing formulas during deficit years based on real-time hydrological data.
3. Strengthen Institutional Mechanisms
™ Empower River Boards under the 1956 Act or replace them with a National River Basin Authority.
4. Hydro-technical Expertise
™ Involve climate scientists, hydrologists, and GIS experts in tribunal decision-making.
5. Ecological and Environmental Integration
™ Ensure sustainable water use, groundwater recharge, and river rejuvenation in planning.
6. Improve Data Transparency
™ Use centralised, transparent, and publicly available data from the Central Water Commission.
7. Judicial Clarity
™ Amend laws to clearly define SC’s role post-tribunal verdicts to prevent overlapping jurisdictions.
8. De-politicisation of Water Issues
™ Promote federal cooperation via platforms like NITI Aayog and Inter-State Council to depoliticize water-sharing.

India’s inter-state river water disputes pose a serious challenge to cooperative federalism, sustainable development, and
water security. A lasting solution requires legal reform, scientific planning, institutional strengthening, and a spirit
of collaborative governance. Moving beyond competitive politics toward a rules-based, data-driven, and ecologically
sound water-sharing system is vital for managing India’s shared water resources in the 21st century.

ROLES AND RESPONSIBILITIES OF THE UNION GOVERNMENT AND STATE GOVERNMENTS

In India’s federal structure, the roles and responsibilities of the Union (Central) Government and State Governments are
delineated by the Constitution. The Constitution provides a detailed framework to balance power and responsibilities
between these two levels of government. Here’s an overview of their functions and responsibilities as defined in the Indian
Constitution:

Union Government (Central Government)

1. Defence and Foreign Affairs: The Union Government handles national defence, armed forces, and foreign relations.
It manages defence strategies and international diplomacy.
2. Currency and Monetary Policy: It issues currency, regulates the banking system, and formulates monetary policy.
3. Interstate and International Trade: The Union Government regulates trade between states and with foreign countries,
including setting trade policies and tariffs.
4. Telecommunications and Postal Services: It oversees telecommunications and postal services, including the regulation
of radio, television, and internet services.
5. Railways and Major Transport Networks: The Union Government manages major transportation infrastructure like
Indian Railways and national highways.
6. Foreign Trade and Commerce: It formulates policies related to foreign trade and commerce.
7. National Security and Intelligence Agencies: The Union Government is in charge of national security and intelligence
agencies.
8. Concurrent List Subjects: In matters listed in the Concurrent List (e.g., criminal law, marriage and divorce), both
Union and State governments can legislate. However, in case of a conflict, Union laws prevail.

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State Governments
1. Police and Law and Order: States manage law and order within their territories, including oversight of state police
forces and criminal justice.
2. Health and Education: States are responsible for public health services and education systems, including schools and
colleges.
3. Agriculture and Rural Development: States handle agriculture, rural development, and land management.
4. Local Governance: States delegate authority to local bodies (municipalities, panchayats) to manage urban and rural
development and local infrastructure.
5. State Transport and Roads: States oversee transportation systems within their boundaries, including state highways
and local roads.
6. State Finances: States manage their budgets, taxation, and fiscal policies. They have the authority to raise revenue and
manage state finances.
7. Public Welfare Programs: States implement social welfare programs, including healthcare, housing, and social
services.
8. Concurrent List Subjects: States share responsibility with the Union Government for subjects in the Concurrent List.
State laws apply unless overridden by Union laws.

Other Key Points

¾ Division of Powers: The division of powers is detailed in the Seventh Schedule of the Constitution, which contains
three lists: the Union List, the State List, and the Concurrent List.
¾ Resolution of Conflicts: In cases of conflict between Union and State laws on Concurrent List subjects, Union laws
take precedence.

The balance between Union and State responsibilities ensures both levels of government can effectively address issues
within their jurisdictions while maintaining national cohesion.

Comparison of Powers: President vs. Governor

Aspect President of India Governor of a State
Constitutional Head of the Union; ceremonial head of the country. Head of the State; ceremonial head within the
Position state.
Appointment Elected by an electoral college comprising elected Appointed by the President; holds office during
members of both Houses of Parliament and the the President’s pleasure.
elected members of the Legislative Assemblies of
States and Union territories.
Term Five years; eligible for re-election. Five years; continues until successor assumes
office; can be reappointed.
Executive Appoints the Prime Minister, Union Ministers, Appoints the Chief Minister, State Ministers,
Powers Governors, Chief Justice and other judges of the Advocate General, and members of the State
Supreme Court and High Courts, and other key Public Service Commission.
officials.
Legislative Summons and prorogues Parliament sessions; Summons and prorogues State Legislature
Powers dissolves the Lok Sabha; gives assent to bills; can sessions; dissolves the Legislative Assembly; gives
promulgate ordinances when Parliament is not in assent to bills; can promulgate ordinances when
session. the State Legislature is not in session.
Judicial Powers Can grant pardons, reprieves, respites, or Can grant pardons, reprieves, respites, or
remissions of punishment under Article 72; can remissions of punishment under Article 161;
pardon death sentences and sentences by court- cannot pardon death sentences or sentences by
martial. court-martial.
Emergency Can declare National, State, and Financial Acts as the President’s representative during State
Powers Emergencies; during emergencies, assumes greater Emergency; reports to the President about the
control over the states. failure of constitutional machinery in the state.

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Military Powers Supreme Commander of the Indian Armed Forces; No military powers.
can declare war or conclude peace, subject to
parliamentary approval.
Discretionary Limited; generally, acts on the advice of the Union More discretionary powers; can reserve bills for the
Powers Council of Ministers. President’s consideration, recommend President’s
Rule, and appoint a Chief Minister when no party
has a clear majority.

IMPACT OF GOVERNOR ON CENTRE-STATE RELATIONS

1. Balancing Federal Interests: The Governor acts as a mediator between the Centre and the state, helping to maintain
the balance of power and ensure that federal principles are respected.
2. Conflict Resolution: In case of conflicts between the state
government and the Central Government, the Governor’s role in
communicating and negotiating can be crucial in resolving disputes.
3. Political Dynamics: The appointment of Governors, often influenced
by political considerations, can affect the dynamics between the
Centre and the state, potentially leading to conflicts or cooperation
based on the political alignment of the Governor.

Challenges and Criticisms

1. Political Allegiances: Governors are often appointed based on
political considerations, which can lead to perceptions of bias and
affect their neutrality.
2. Interference in State Matters: Excessive or perceived unjust
interference by the Governor in state matters can lead to friction
between the state government and the Centre.
3. President’s Rule: The imposition of President’s Rule can be controversial, as it may be seen as undermining the
democratic process and autonomy of the state government.

Reforms and Suggestions

1. Appointment Process: Streamlining the appointment process to ensure that Governors are selected based on merit
and experience rather than political considerations could enhance their neutrality and effectiveness.
2. Clear Guidelines: Establishing clearer guidelines and criteria for the use of emergency powers to prevent misuse and
ensure that such measures are implemented in a manner consistent with democratic principles.
3. Strengthening Federal Coordination: Enhancing the mechanisms for coordination and communication between the
Centre and the states, with the Governor playing a facilitative role, can help in smoother administration and conflict
resolution.

Conclusion

The Governor’s role in Centre-State relations is multifaceted, involving constitutional, executive, and emergency functions.
While the Governor is a crucial link between the state and the Centre, ensuring that this role is exercised impartially and
effectively is essential for maintaining a harmonious federal structure and addressing the diverse needs and challenges of
India’s states.

ISSUES AND CHALLENGES PERTAINING TO THE FEDERAL STRUCTURE IN INDIAN POLITY

India’s federal structure, as envisaged in the Constitution, divides powers between the central and state governments.

However, this division has faced several issues and challenges over the years, impacting governance and the balance of
power. Here is a comprehensive overview:

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1. Resource Allocation
™ Unequal Distribution: States often argue that they do not receive a fair share of resources, leading to fiscal
imbalances. Disparities in financial allocations can impact state development and autonomy.
™ Revenue-Sharing Mechanisms: The mechanisms for sharing central revenues with states can sometimes be seen
as inequitable, contributing to regional disparities.
2. Interstate Disputes
™ River Water Sharing: Conflicts over water resources, such as the Cauvery, Krishna, and Godavari disputes,
highlight tensions between states.
™ Boundary Disputes: Disputes over state boundaries can lead to legal and administrative challenges.
™ Distribution of Assets: Issues related to the division of assets between states, particularly during state
reorganization, can cause conflicts.
3. Centralisation of Power
™ Encroachment on State Jurisdiction: There is a perceived trend of centralisation where the central government
intervenes in areas that should be within state jurisdiction, limiting state autonomy.
™ Increased Central Authority: Legislative and administrative measures sometimes shift powers away from states
to the center.
4. Concurrent List Ambiguity
™ Overlapping Jurisdiction: The Concurrent List, which includes subjects on which both the center and states can
legislate, can lead to conflicts and legal disputes over jurisdiction and implementation.
5. Financial Dependence
™ Grants and Allocations: States often rely on central grants and allocations, affecting their fiscal independence.
This dependency can impact states’ ability to make independent financial decisions.
6. Political Instability
™ Frequent Changes in Government: Changes in state governments, particularly in coalition scenarios, can lead to
policy instability and affect governance continuity.
7. Regional Disparities
™ Development Gaps: Regional disparities in development levels necessitate efforts to ensure equitable growth and
address developmental imbalances across states.
8. Language and Cultural Diversity
™ Language Policies: Managing India’s linguistic diversity and ensuring that language policies accommodate various
regional languages and cultures can be challenging.
™ Cultural Preservation: Balancing the interests of different ethnic and cultural groups while promoting national
integration is a complex task.
9. National Security
™ Coordination Challenges: Matters related to national security, defense, and foreign policy primarily fall under
central jurisdiction, necessitating effective coordination with states, especially during crises.
10. Centre-State Relations
™ Disagreements: Disputes between the central government and state governments, particularly those led by
opposition parties, can impact the functioning of the federal structure.
™ Political Conflicts: Tensions between central and state governments often reflect broader political conflicts.
11. Overlapping Jurisdictions
™ Regulatory Authorities: The presence of multiple statutory bodies and regulatory authorities at both central and
state levels can lead to overlapping jurisdictions and implementation confusion.
12. Disaster Management
™ Coordination: Effective disaster management requires robust coordination between the center and states.
Ensuring timely and efficient response mechanisms can be challenging.

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Mechanisms and Agencies Controlling Centre-State Relations
1. Governor: Acts as the representative of the President in the states and has various discretionary powers, such as
dissolving the legislative assembly or recommending President’s Rule.
2. Directions to the State Government: The central government can issue directions to state governments on matters of
national importance.
3. Delegation of Union Functions: The central government can delegate certain functions to states, impacting how
policies are implemented.
4. All-India Services: These services, such as the IAS, IPS, and IFS, operate across both central and state governments,
ensuring uniformity in administration.
5. Grants-in-Aid: Central grants to states for specific purposes can influence state finances and development priorities.
6. Inter-State Councils: Established under Article 263 of the Constitution to address inter-state disputes and promote
cooperation between states and the center.
7. Inter-State Commerce Commission: Proposed under Article 307 to regulate and develop inter-state trade and
commerce.
8. Immunity from Mutual Taxation: States and the central government are immune from taxing each other’s goods and
services, promoting seamless commerce across state boundaries.

Major Issues and Concerns

1. Role of the Governor: The discretionary powers and appointment process of the Governor can lead to conflicts and
perceptions of bias.
2. Reservation of Bills for the President: The use of this provision can sometimes serve partisan interests rather than
national or state interests.
3. Misuse of Article 356: The imposition of President’s Rule has been criticised for being used inappropriately,
undermining state autonomy.
4. Law and Order Maintenance: The central government’s role in maintaining law and order can lead to friction with
state governments.
5. Encroachment on State List: The central government’s involvement in areas reserved for states can create conflicts.
6. Financial Weakness of States: Financial dependencies on the central government can impact state autonomy and
development.
7. Taxation Powers: Disputes over taxation powers and revenue-sharing between the center and states.
8. Issue of Grants: Disputes over the allocation and utilization of central grants can affect state development.
9. Role of Planning Commission: The role of the Planning Commission (now replaced by NITI Aayog) in state planning
and development has been debated.
10. Autonomy Issues: The balance between central control and state autonomy remains a contentious issue.

Way Forward
¾ Resource Allocation Reforms: Ensure a fair distribution of resources and refine revenue-sharing mechanisms to
address fiscal imbalances.
¾ Effective Dispute Resolution: Strengthen legal and institutional mechanisms to resolve inter-state disputes efficiently.
¾ Decentralisation: Encourage decentralisation and respect state autonomy while ensuring effective central oversight.
¾ Clear Jurisdictional Boundaries: Define and manage overlapping jurisdictions to reduce conflicts and enhance
governance.
¾ Financial Independence: Empower states to have greater fiscal independence and reduce dependence on central
grants.
¾ Political Stability: Promote political stability and effective governance at the state level to ensure consistent policy
implementation.
¾ Inclusive Development: Address regional disparities through targeted development policies and equitable distribution
of resources.
¾ Cultural and Linguistic Harmony: Develop policies that respect and promote India’s linguistic and cultural diversity.

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¾ Disaster Management Coordination: Improve coordination between central and state governments in disaster
management and emergency response.

Addressing these issues through constitutional reforms, institutional strengthening, and enhanced cooperation between
the center and states will be crucial in maintaining a balanced and effective federal structure in India.

COMPETITIVE VS. COOPERATIVE APPROACHES

India’s federal structure involves both competitive and cooperative elements, each playing a crucial role in shaping the
country’s governance and development. Here’s a detailed exploration of these concepts and their implications:

Competitive Federalism
¾ Definition: Competitive federalism refers to the competition between states and between central and regional
governments. This competition aims to enhance efficiency, drive reforms, and attract investment by creating a more
dynamic and competitive environment.

Key Aspects:
1. State-Level Competition: States compete to improve their business environments, attract investments, and expedite
project clearances. Examples include states hosting vibrant summits and easing compliance laws to attract foreign
direct investment (FDI).
2. Central Government Role: The central government sets broad rules while states compete to meet these rules
effectively, aiming to attract more funds and investments. The central government often allocates funds based on the
states’ performance and efficient use of previous allocations.
3. Resource Allocation: Funds and investments are directed to states that demonstrate optimal use of previously allocated
resources. This encourages efficient utilization and reduces wastage.
4. Industry Perspective: Competitive federalism is welcomed by industries as it leads to diverse investment destinations
and can result in job creation and economic growth.

Recent Initiatives:
¾ Development Rankings: States are ranked on various parameters like ease of doing business, Swachh Bharat rankings,
and smart city selections.
¾ State Branding: States like Andhra Pradesh have promoted themselves internationally to attract business.
¾ Financial Freedom: Increased autonomy in planning expenditure for states.

Critical Analysis:
1. Regional Disparities: Competitive federalism may exacerbate inequalities as states with better infrastructure and
resources may benefit more, leaving less developed regions behind.
2. Negative Externalities: Intense competition might lead to adverse effects such as tribal displacement or increased
pollution, as states push for rapid development.
3. Ranking Bias: Central government frameworks for ranking states have faced criticism for potential biases and
inaccuracies.
4. Institutional Mechanisms: There is a need for effective institutional mechanisms to ensure that important decisions
are made with due consideration of state interests.

Cooperative Federalism

Definition: Cooperative federalism emphasizes collaboration between central and state governments to address common
issues and achieve shared goals. It involves joint efforts and mutual support to resolve problems and promote national
development.

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Key Aspects:
1. Separation of Powers: The Constitution, through Schedule 7, clearly delineates the powers between the center and
states, ensuring a balanced distribution of responsibilities (except during emergencies, which are subject to judicial
review).
2. Supreme Court Jurisdiction: Article 131 provides the Supreme Court with exclusive jurisdiction to resolve disputes
between states and the center, promoting legal resolution of conflicts.
3. Coalition Governments: The prevalence of coalition governments has increased states’ bargaining power and
necessitated cooperation between central and state governments.
4. GST Council: The GST Council, which includes both central and state representatives, has made decisions based on
consensus, reflecting cooperative efforts in tax administration.
5. Devolution of Funds: The allocation of resources to states has increased over time, with the 14th Finance Commission
devolving 42% of central taxes to states.
6. NITI Aayog: Replacing the Planning Commission, NITI Aayog promotes a bottom-up approach to development,
fostering cooperative planning.
7. Inclusive Development: Initiatives like “Sabka Saath Sabka Vikas” emphasize states as equal partners in national
development.

Critical Analysis:
1. Trust Deficit: Issues like trust deficit and shrinking divisible pools hinder effective cooperation between the centre
and states.
2. Revenue Allocation: Despite increased devolution, states may still face reductions in their share of tax resources, as
seen with the 15th Finance Commission recommendations.
3. Social Welfare Funding: Decreased allocations for social welfare schemes impact state capabilities in managing health
and other essential services.
4. Inter-State Disputes: Complex issues like water disputes require cooperative efforts from all stakeholders, including
the centre and riparian states.

Way Forward
1. Balancing Approaches: India’s federalism should integrate both competitive and cooperative elements to harness the
benefits of each while mitigating their drawbacks.
2. Enhanced Cooperation: While competitive federalism drives dynamism, cooperative federalism ensures balance and
integration. Both approaches should work in tandem to promote inclusive and equitable growth.
3. Constitutional Adaptation: The Constitution may need to evolve to reflect economic realities, favouring integration
over granting sovereignty to enhance national cohesion.
4. GST Implementation: The introduction of GST as “pooled sovereignty” reflects a move towards greater economic
unification and collaborative fiscal management.

Conclusion: The interplay of competitive and cooperative federalism is crucial for India’s development. Effective governance
requires a balance between fostering healthy competition and ensuring robust cooperation. Establishing institutional
mechanisms to discuss and resolve important decisions collaboratively will help in achieving comprehensive and inclusive
development, ensuring that no state is left behind in the progress narrative.

JUDICIAL REVIEW

Judicial Review refers to the power vested in the judiciary to examine the constitutionality of legislative enactments and
executive orders. If any law or executive action is found to be inconsistent with the Constitution, the judiciary has the
authority to declare it null and void. This mechanism ensures that all branches of government operate within the confines
of the Constitution, maintaining the supremacy of the Constitution in the Indian polity.

Principles Underpinning Judicial Review in India

¾ Supremacy of the Constitution: The Constitution is the supreme law of the land. All laws and executive actions must
conform to it. Any deviation can be invalidated by the judiciary.

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¾ Doctrine of Ultra Vires: If any legislative or executive action exceeds the powers conferred by the Constitution, it is
deemed ultra vires (beyond powers) and is declared void.
¾ Separation of Powers: The Constitution delineates the functions and powers of the legislature, executive, and judiciary.
Judicial Review ensures that each organ operates within its prescribed limits.
¾ Protection of Fundamental Rights: Judicial Review acts as a safeguard against any infringement of Fundamental
Rights guaranteed under Part III of the Constitution.
¾ Basic Structure Doctrine: Established in the landmark case of Kesavananda Bharati v. State of Kerala (1973), this
doctrine asserts that certain fundamental features of the Constitution cannot be altered by any amendment. Judicial
Review ensures that these core principles remain inviolable.
¾ Judicial Independence: An independent judiciary is essential for impartial adjudication. Judicial Review reinforces
this independence by allowing courts to act without external pressures.

Constitutional Provisions for Judicial Review

Though the phrase ‘Judicial Review’ has nowhere been used in the Constitution, there are many constitutional provisions
that confer the power of Judicial Review on the Supreme Court and the High Courts.
¾ Article 13: Declares that any law contravening Fundamental Rights shall be void.
¾ Article 32: Empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights.
¾ Article 226: Grants High Courts the power to issue writs for the enforcement of Fundamental Rights and for any other
purpose.
¾ Articles 131-136: Outline the jurisdiction of the Supreme Court, including original, appellate, and advisory
jurisdictions.
¾ Article 137: Provides the Supreme Court with the power to review its own judgments.
¾ Article 143: Allows the President to seek the advisory opinion of the Supreme Court.

These provisions collectively empower the judiciary to act as the guardian of the Constitution, ensuring that no law or
executive action transgresses constitutional boundaries.

Significance of Judicial Review in Indian Polity

¾ Upholding Constitutional Supremacy: Judicial Review ensures that the Constitution remains the supreme law of the
land, and all laws and executive actions conform to its provisions.
¾ Protection of Fundamental Rights: By reviewing laws and executive actions, the judiciary safeguards the Fundamental
Rights of citizens against any infringement.
¾ Maintaining Federal Balance: Judicial Review acts as a check on the powers of both the Union and State governments,
preserving the federal structure of the country.
¾ Preventing Arbitrary Governance: It acts as a deterrent against arbitrary and unconstitutional actions by the legislature
and the executive.
¾ Ensuring Rule of Law: Judicial Review reinforces the principle that the law is supreme and that all actions must be in
accordance with the law.

Problems with Judicial Review

¾ Frequent Interference: Some critics fear frequent judicial interventions in governmental decisions or policies in the
name of judicial review. This, in turn, can create uncertainty and instability in governance.
¾ Fear of Judicial Overreach: Critics argue that judicial review can lead to judicial overreach, where courts overstep
their boundaries and encroach upon the domains of the legislature and executive.
¾ Delays and Backlogs: Judicial review processes can be time-consuming and costly, leading to delays in resolving legal
disputes and creating backlogs in court systems. This can hinder the timely resolution of important legal issues.
¾ Undermining Democracy: Some argue that unelected judges wielding the power to invalidate laws can undermine the
powers of elected representatives. This goes against the basic principle of democracy.

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The doctrine of Judicial Review serves as a cornerstone of democracy. While it faces certain challenges and criticisms,
its role in safeguarding constitutional governance and preventing the abuse of power remains indispensable. It ensures
that the Constitution remains the supreme law of the land and that government actions remain within the bounds of the
Constitution.

CHALLENGES FACED BY LOCAL GOVERNMENTS AFTER THE 73RD AND 74TH CONSTITUTIONAL AMENDMENTS

The 73rd and 74th Constitutional Amendments of 1992 were significant milestones in the enhancement of local self-
governance in India. These amendments established a framework for Panchayats in rural areas and Municipalities in urban
areas, aimed at decentralizing power and improving local governance. However, despite these reforms, local governments
continue to face several challenges:
1. Financial Dependence
™ Central and State Reliance: Local governments are heavily dependent on financial support from central and state
governments. This reliance can restrict their ability to make independent financial decisions and implement local
projects effectively.
™ Insufficient Grants: The grants and transfers from higher levels of government are often inadequate to meet the
growing needs of local areas.
2. Administrative Disparities: There is a significant variation in the administrative capacity and efficiency of local
governments across different states and regions. This disparity affects the quality and consistency of service delivery.
3. Autonomy Challenges: Local bodies frequently face interference from state and central governments, which can
undermine their autonomy and hinder effective decision-making and implementation of local policies.
4. Revenue Constraints: Local governments primarily rely on property taxes and local fees for revenue. Expanding
revenue sources is difficult due to taxpayer resistance and limited legal provisions.
5. Capacity Gaps: Many local bodies lack the necessary technical expertise and trained personnel to plan, execute, and
manage development projects efficiently.
6. Governance Issues: Corruption and mismanagement at the local level can severely impact the delivery of public
services and infrastructure development, diminishing public trust in local governments.
7. Marginalized Groups: Ensuring equitable representation for marginalized communities, women, and other
disadvantaged groups remain a challenge in many local bodies.
8. Citizen Engagement: Active citizen participation in local governance is often low. Many residents are disengaged from
local political processes, affecting the responsiveness and effectiveness of local governments.
9. Urban-Rural Interface: Coordination between rural and urban local bodies can be difficult, particularly in rapidly
urbanising areas where jurisdictional boundaries and responsibilities overlap.
10. Administrative Confusion: Overlaps in jurisdiction and responsibilities between panchayats, municipalities, and
state government departments can lead to confusion and inefficiencies in governance.
11. Role Clarity: Ambiguities in laws and regulations concerning the roles and responsibilities of local governments can
lead to disputes and hinder effective functioning.
12. Non-Equitable Distribution: The allocation of resources to local governments is not always equitable, which can
result in unequal development and hinder local progress.
13. Training Needs: There is an ongoing need for capacity-building programs to enhance the skills and effectiveness of
local elected representatives and officials in governance, planning, and project implementation.
14. Resource Constraints: Local governments often face challenges related to inadequate infrastructure and resources,
limiting their ability to provide essential services like water supply, sanitation, and healthcare.

Efforts to Address Challenges

To address these challenges, several initiatives are being undertaken:

1. Capacity-Building Programs: Training and development programs are being implemented to enhance the skills of
local officials and representatives.
2. Financial Reforms: Efforts are being made to improve financial autonomy through reforms in fiscal transfers and local
revenue generation.

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3. Strengthening Institutions: Enhancing the institutional framework to clarify roles, responsibilities, and coordination
mechanisms between various levels of government.
4. Promoting Community Participation: Encouraging greater public involvement and engagement in local governance
processes to ensure more responsive and accountable local administrations.
5. Legal and Administrative Reforms: Addressing legal ambiguities and improving administrative practices to streamline
governance and reduce inefficiencies.

The continued success of local governance in India hinges on the effective implementation of these measures and ongoing
support for local governments to fulfil their roles and responsibilities effectively.

REPRESENTATION OF THE PEOPLE ACT, 1950 (RPA 1950)

Overview

The Representation of the People Act, 1950, enacted by the Indian Parliament, governs the electoral system at both the
national and state levels. Its primary purpose is to address the allocation of seats, delimitation of constituencies, qualifications
and disqualifications of voters, and the preparation of electoral rolls.

Key Provisions
1. Allocation of Seats:
™ First Schedule: Details the allocation of seats to the States in the Lok Sabha and reserves seats for Scheduled
Castes and Scheduled Tribes.
™ Second Schedule: Specifies the total number of seats in each State’s Legislative Assembly.
™ Third Schedule: Addresses the allocation of seats in the Legislative Councils of States.
™ Fourth Schedule: Deals with local authorities for elections to the Legislative Councils.
™ Method of Election: All Lok Sabha seats are filled through direct elections from parliamentary constituencies in
the States.
2. Delimitation:
™ Definition: Delimitation refers to the process of defining the boundaries of electoral constituencies.
™ Delimitation Commission: A high-power body responsible for redrawing constituency boundaries based on
census data. Its orders have the force of law and are not subject to judicial review. The Delimitation Commissions
have been constituted in 1952, 1963, 1973, and 2002.
™ Role: The Delimitation Commission’s primary function is to ensure fair representation by redrawing the
boundaries of parliamentary and assembly constituencies.
™ Electoral Order: The Election Commission consolidates these delimitation orders into a single document known
as the delimitation of parliamentary and assembly constituencies order.
™ Relevant Articles:
™ Article 82: Mandates the reallocation of Lok Sabha seats following each census.
™ Article 170: Requires the readjustment of State Legislative Assemblies following each census.
3. Voter Qualifications:
™ Eligibility: A person must be a citizen of India, at least 18 years old on the qualifying date, and ordinarily resident
in a constituency to be registered as a voter.
™ Disqualifications:
9 Non-citizens and individuals declared of unsound mind by a competent court.
9 Individuals disqualified under laws related to electoral corruption or offences.
9 No person should be registered in more than one constituency or more than once in a constituency.
4. Electoral Offices:
™ Chief Electoral Officer (CEO): Appointed for each state, responsible for supervising electoral roll preparation,
monitoring compliance with the Model Code of Conduct, and ensuring election integrity.

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™ District Election Officer: Appointed by the Election Commission, responsible for coordinating electoral activities
within the district.
™ Electoral Registration Officer: Designated to prepare and revise the electoral roll for constituencies.
™ Returning Officer: Manages the election process within a constituency, including receiving and scrutinizing
nomination papers.
5. Electoral Roll:
™ Definition: A list of eligible voters in a constituency.
™ Preparation: Conducted under the supervision of the Election Commission, with rolls for parliamentary
constituencies comprising all assembly constituencies under it.
™ Common Electoral Roll: A single voter list for all elections, including Lok Sabha, State Legislative Assembly, and
local body elections.
The Election Laws (Amendment) Bill 2021
™ Linking with Aadhaar: Mandates the provision of Aadhaar numbers for voter registration to verify identity.
™ Qualifying Dates: Introduces four qualifying dates for voter enrollment annually.
™ Requisitioning Premises: Expands the reasons for which premises can be requisitioned for election purposes.
™ Gender-Neutral Provisions: Replaces ‘wife’ with ‘spouse’ in the Representation of the People Acts, 1950, and
1951.

Judiciary’s Role

Jurisdiction: Civil courts cannot adjudicate on voter registration issues or the legality of actions taken by electoral officers.
Only the Election Commission or the Chief Electoral Officer can initiate proceedings regarding offences related to electoral
rolls.

Representation of the People Act, 1951 (RPA 1951)

Overview

The Representation of the People Act, 1951, governs the conduct of elections to the Houses of Parliament and State
Legislatures, outlines qualifications and disqualifications for membership, and addresses corrupt practices and election-
related disputes.

Key Provisions
¾ Conduct of Elections: Regulates the conduct of elections to Parliament and State Legislatures.
¾ Qualifications and Disqualifications: Details the criteria for being a member and the grounds for disqualification.
¾ Corrupt Practices: Defines corrupt practices, including bribery, undue influence, false information, and promoting
enmity based on religion, race, caste, community, or language.
¾ Corrupt Practices Sections:
™ Section 123: Defines corrupt practices such as bribery and undue influence.
™ Section 123(2): Addresses undue influence, including threats or coercion.
™ Section 123(4): Covers intentional publication of false statements to prejudice election outcomes.
¾ Disqualification: Elected representatives can be disqualified for certain offences, corrupt practices, failing to declare
election expenses, or interests in government contracts.

Court Rulings
¾ 2017 Supreme Court Ruling: Held that seeking votes based on religion, race, caste, community, or language invalidates
an election.
¾ 2022 Supreme Court Review: Revisited the 2013 judgment on promises of freebies, which were previously not
considered corrupt practices. The matter is under reconsideration.

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This comprehensive overview outlines the fundamental aspects of the Representation of the People Acts, their
amendments, and the judicial context surrounding electoral practices in India.

ANTI-DEFECTION LAW: AN OVERVIEW

Introduction

The Anti-Defection Law, introduced in 1985 through the 52nd Amendment Act, added the Tenth Schedule to the Indian
Constitution. Its primary aim is to curb political defections by legislators, ensuring stability and integrity within the political
system.

Objectives
1. Purpose: The Anti-Defection Law aims to curb political defections, which involve legislators abandoning their party
allegiance or duties, often for personal gain or political advantage.
2. Scope: The law applies to both Parliament and state assemblies.

Key Provisions
 Grounds for Defection
 Voluntary Abandonment: A legislator may be deemed to have defected if they voluntarily give up their
membership, which can be inferred from their conduct, even without a formal resignation.

9 For Example, Kartar Singh Tanwar, a two-time AAP MLA, rejoined the BJP in July 2024. Subsequently, he
was disqualified under the Anti-Defection Law by the Delhi Assembly Speaker in September 2024.
™ Violation of Party Whip: A legislator is disqualified if they vote or abstain from voting contrary to the party’s
directions, commonly known as the party whip.
9 For Example, ST Somashekar and Arabail Shivaram Hebbar (Karnataka, 2025): Apart from their alignment
with Congress activities, they also voted against BJP directives in various elections, leading to their expulsion
from the party.
™ Joining a Party: Independently elected legislators who join a political party or nominated members who join a
party after six months from their nomination are subject to disqualification
¾ Decision Authority: The Speaker or Chairman of the respective House decides on disqualification petitions.
¾ Judicial Review: While the presiding officer’s decision is final, it is subject to judicial review.
¾ Amendment: In 2003, the 91st Amendment Act enhanced the law’s effectiveness by addressing issues related to
frequent defections.
¾ Exceptions
™ Party Mergers: If at least two-thirds of a party’s members approve, the party can merge with another party without
facing disqualification.
™ Legislative Officers: The Speaker, Chairman, and Deputy Chairman of the legislature are exempt from
disqualification on the grounds of defection.

Significance of Anti-Defection Law

¾ Boosts Political Stability: The Anti-Defection Law helps prevent frequent party switching, ensuring stable governance.
™ For example: Post-1985, India has seen more stable governments, unlike the frequent collapses of state
governments in the 1967-1971 period.
¾ Enhances Party Discipline: The law compels party members to follow the party line, fostering a unified policy
approach.
™ For example: The 2019 expulsion of legislators in Karnataka for defection reinforced strict adherence to party
directives.

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¾ Diminishes Corruption and Bribery: By penalizing defections, the law reduces the incentive for bribery and corrupt
practices in government formation.
™ For example: The decline in “horse trading” incidents since the law’s enactment highlights its effectiveness in
curbing corruption.
¾ Ensures Policy Stability: Stable political party systems respect electoral mandates, ensuring consistent policy
implementation.
™ For example: Major initiatives like Aadhaar and GST have continued without interruption due to enforced party
discipline.
¾ Discourages Political Opportunism: The law forces lawmakers to weigh long-term political and ethical implications
over short-term gains.
™ For example: Politicians are less likely to switch sides post-election, maintaining the integrity of electoral outcomes.
¾ Maintains Electoral Integrity: Ensures that representatives uphold the platform and promises upon which they were
elected.
™ For example: Elected officials cannot easily abandon their party manifesto commitments without consequences.
¾ Builds Voter Confidence: Reduces voter cynicism by ensuring elected representatives do not switch allegiances after
the election. This law reinforces the sanctity of the voter’s choice, enhancing democratic engagement.

Criticisms of Anti-Defection Law

¾ Silence Independent Legislative Voices: Legislators suppress their independent opinions to conform to party
directives.
™ For example: During the Citizenship Amendment Act (CAA) debate, strict party lines stifled the expression of
dissenting views.
¾ Facilitates Large-Scale Political Manoeuvring: The provision for party mergers allows orchestrated mass defections,
undermining electoral mandates.
™ For example: In Goa and Arunachal Pradesh, mass defections were strategically orchestrated, exploiting merger
provisions to switch sides.
¾ Delays Resolution of Defection Cases: The lack of a fixed timeline for Speakers to decide on defection cases leads to
prolonged uncertainty and manipulation of legislative strength.
™ For example: In Karnataka and Telangana, delayed defection case rulings prolonged instability until the end of
the assembly sessions.
¾ Permits Wholesale Defections: The law allows entire party units to defect, causing instability and governance issues.
™ For example: The defection of the entire Sikkim Democratic Front in Sikkim (2019) highlighted how the law
facilitates wholesale defections.
¾ Reduces Quality of Parliamentary Debates: Individual assessments are sidelined, with party dominance overshadowing
informed discussion.
™ For example: Debates on critical issues like farm laws and economic reforms were subdued due to strict party
control.
¾ Centralizes Decision-Making: Power is concentrated with party leaders, reducing democratic functioning within
parties.
™ For example: In major national parties, high command decisions are final and binding, illustrating centralized
control.

Suggestions for Improvement

1. Decision Authority: Expert committees suggest that decisions on disqualification should be made by the President for
Parliament members and by the Governor for State Assembly members, based on the Election Commission’s advice.

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2. Independent Authority: Some advocate for an independent authority to handle disqualification cases, given the
Speaker’s reliance on party majority, as noted in the Kihoto Hollohan Judgment.
3. Scope of Application: The law could be applied selectively, such as in cases of no-confidence motions or annual
budgets, to preserve government stability.
4. Intra-Party Democracy: The 170th Law Commission Report suggests promoting intra-party democracy to prevent
dictatorship within parties.
5. External Tribunal: Justice Rohinton Nariman, in the case of Keisham Meghachandra v. the Hon’ble Speaker Manipur,
proposed establishing an external tribunal, led by a retired Supreme Court Judge or a retired Chief Justice of a High
Court, to handle defection cases more efficiently.

Conclusion

The Anti-Defection Law plays a crucial role in maintaining political stability and discipline. However, it faces criticism and
suggestions for reforms aimed at enhancing its effectiveness and fairness in the parliamentary system.

EMERGENCY PROVISIONS IN THE INDIAN CONSTITUTION

The Emergency provisions are contained in Part XVIII of the Constitution, from Article 352 to 360. These Provisions
enabled the central government to meet any abnormal situation effectively. The rational behind the incorporation of these
provisions in the Constitution is to safeguard the sovereignty, unity, integrity and security of the country, the democratic
political system, and the Constitution.
¾ They allow the federal structure to become more unitary during emergencies to ensure swift and decisive action.
¾ The emergency provisions in the Indian Constitution draw inspiration from Germany’s Weimar Constitution

Types of Emergencies
¾ National Emergency (Article 352)
™ Grounds: War, external aggression, or armed rebellion.
™ Procedure:
9 Proclaimed by the President on the written advice of the Union Cabinet.
9 Must be approved by both Houses of Parliament within one month with Special majority.
9 It can be extended indefinitely with parliamentary approval every six months.
™ Effects:
™ Central government gains the power to direct states.
™ Fundamental Rights under Article 19 are automatically suspended.
™ The Parliament can legislate on subjects in the State List.
™ State governments continue to function but under the control of the Centre.
¾ President’s Rule (Article 356)
™ Grounds: Failure of constitutional machinery in a state.
™ Procedure:
9 Proclaimed by the President if satisfied that the state’s governance cannot be carried on per the Constitution.
9 Must be approved by both Houses of Parliament within two months with Simple Majority.
9 Can be extended for six months at a time, up to a maximum of three years with conditions.
™ Effects:
9 State legislature is either dissolved or suspended.
9 Executive authority of the state is exercised by the President.
9 Parliament assumes the power to legislate for the state.

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¾ Financial Emergency (Article 360)
™ Grounds: Threat to the financial stability or credit of India.
™ Article 355 - It is the duty of the centre to ensure that the government of every state complies with the provisions
of the Constitution.
™ Article 356 empowers the President to impose President’s Rule in a state if he is satisfied that the government in
the state cannot be carried on in accordance with the provisions of the Constitution.
™ Procedure:
9 Proclaimed by the President.
9 Must be approved by both Houses of Parliament within two months with Simple Majority.
9 Remains in force until revoked.
™ Effects:
9 Central government can direct states to observe financial propriety.
9 Salaries and allowances of government servants, including judges, can be reduced.
9 Money bills passed by state legislatures can be reserved for the President’s consideration.

Notable Instances
¾ National Emergency:
™ 1962–1968: Declared during the Indo-China War.
™ 1971: Declared during the Indo-Pakistan war.
™ 1975–1977: Declared on grounds of internal disturbance; led to suspension of civil liberties and press censorship.
¾ President’s Rule:
™ Imposed numerous times, notably in 1977 and 1980 to dismiss state governments.
™ The Supreme Court in S.R. Bommai v. Union of India (1994) laid down strict guidelines for its imposition,
emphasizing that it is subject to judicial review.
™ President’s Rule was imposed in Manipur on February 13, 2025, following the resignation of Chief Minister N.
Biren Singh amid escalating ethnic violence and administrative instability.
¾ Financial Emergency:
™ Has never been declared in India to date.

Judicial Review
¾ Earlier, the National Emergency was immune to judicial review. This provision was subsequently changed by the 44th
Amendment Act of 1978. The Supreme Court held that National Emergency can be challenged in court in the Minerva
Mills v. Union of India (1980).
™ SC in this case asserted that there should be no impediment to the judicial review of assessing the legitimacy of a
presidential proclamation of emergency under Article 352(1).
™ The judiciary can examine whether the President’s satisfaction is based on valid grounds or not.
™ The SC set guidelines to prevent arbitrary use of President’s Rule, emphasizing that it should only be used in
extreme cases when all other alternatives are exhausted in S. R. Bommai v. Union of India (1994).

Arguments in Favour of Emergency Provisions

¾ National Security and Integrity – Emergency Provisions are seen as necessary to safeguard the nation’s security and
territorial integrity in the face of external aggression, armed rebellion, or other threats to the constitutional order.
¾ Effective Crisis Management – The enhanced powers granted during emergencies enable the Central Government to
quickly mobilize resources, coordinate responses, and take swift action to address urgent situations.
¾ Maintaining Constitutional Order – The emergency provisions, particularly the power to declare a President’s Rule
in a State, are seen as a crucial mechanism for maintaining the constitutional order in India.
¾ Ensuring Effective Governance – In situations of crisis or breakdown of normal governance mechanisms, emergency

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provisions allow for the centralization of power, ensuring swift and effective decision-making to address pressing
issues.
¾ Flexibility and Adaptability – The Emergency Provisions offer a degree of flexibility to the government, allowing
it to adapt and respond to evolving crisis scenarios that may not be adequately addressed by normal constitutional
mechanisms.
¾ Historical Precedents – The framers of the Constitution were influenced by the experiences of the colonial era and
the need to prevent the recurrence of situations that led to the suspension of civil liberties and democratic processes.

Arguments Against Emergency Provisions

¾ Threat to Federalism – There are concerns that the emergency provisions can be misused by the central government
to consolidate power, suppress political opposition, and undermine the federal structure of the Constitution.
¾ Suspension of Fundamental Rights – Suspension of certain fundamental rights during an emergency raises concerns
about the erosion of civil liberties and individual freedoms.
¾ Lack of Effective Checks and Balances – Critics argue that the emergency provisions do not have sufficient checks and
balances to prevent the arbitrary or prolonged use of emergency powers.
¾ Centralisation of Power – The Emergency Provisions are seen by some as a means to concentrate power at the Central
level, potentially undermining the autonomy and decision-making capabilities of the States.
¾ Potential for Dictatorship – As observed by T.T. Krishnamachari, these provisions may allow the President and the
Executive to exercise a form of Constitutional Dictatorship.
¾ Weakening of Democratic Institutions – The invocation of Emergency Provisions, especially the imposition of the
President’s rule in States, can lead to the weakening of democratic institutions and the undermining of the principles
of federalism and separation of powers.

The emergency provisions outlined in Article 352 to Article 360 of the Indian Constitution provide the government with
essential tools to tackle various crises, from internal rebellions to financial instability. However, the use of these provisions
raises significant concerns about the potential abuse of power and the erosion of democratic principles.

ELECTION COMMISSION OF INDIA

The constitutional mandate to conduct free and fair elections in India is crucial to upholding the principles of democracy.
This mandate is primarily enshrined in Part XV (Articles 324-329) of the Indian Constitution, which empowers the Election
Commission of India (ECI) to oversee and administer elections. While the framework is robust, several challenges persist
that affect the execution of this mandate.

Ensuring Free and Fair Elections

1. Model Code of Conduct (MCC): The ECI enforces the Model Code of Conduct before elections to ensure that
candidates and political parties adhere to fair practices. Violations are penalised, including threats of derecognition for
parties failing to maintain internal democracy.
2. Constitutional Values: The ECI upholds constitutional values such as equality, impartiality, and the rule of law in its
supervision and management of elections.
3. High Standards: The Commission strives to maintain credibility, transparency, and professionalism in the electoral
process.
4. Voter Participation: Through initiatives like the Systematic Voters’ Education and Electoral Participation (SVEEP)
program, the ECI promotes inclusive and ethical voter participation.
5. Observers: The ECI appoints senior officers as observers to oversee the conduct of elections and ensure proper
implementation of electoral norms.

Challenges
1. Misuse of Government Machinery: There are instances where government resources, such as public advertisements,
discretionary funds, and government vehicles, are misused for electoral gains, undermining the fairness of elections.
2. Distortion of Voter Decision-Making: Populist promises and irrational freebies can sway voters, particularly those
from disadvantaged backgrounds, impacting their ability to make informed choices.

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3. Lack of Independent Staff: The ECI relies on Central and State Government staff for election duties, which can create
challenges in ensuring complete neutrality and independence.
4. Politicisation of social media: Social media platforms, while essential for democratic discourse, can create echo
chambers and amplify divisive content. This politicisation can distort public opinion and influence election outcomes.
5. Enforcing Model Code of Conduct (MCC): The ECI lacks statutory backing to enforce the MCC strictly, leading to
challenges in implementing and upholding its provisions effectively.
6. Fake News and Misinformation: The spread of fake news and misinformation on social media can polarise voters and
create unrest, impacting the electoral process and fairness.
7. Use of Bots: Bots and automated accounts can manipulate social media trends, creating an artificial perception of
public opinion and influencing electoral outcomes unfairly.

Conclusion

The Election Commission of India’s powers are extensive, encompassing almost all aspects of the electoral process.

However, effective execution of these powers depends on the integrity and will of the responsible officials. While the ECI
has the tools to ensure free and fair elections, overcoming the challenges of misuse, misinformation, and institutional
limitations is essential for maintaining the democratic process’s credibility and integrity.

DELIMITATION PROCESS IN INDIA

Delimitation refers to the process of fixing boundaries of territorial constituencies in a country to ensure proportionate
representation based on population changes. In India, this exercise is carried out by an independent and high-powered
body known as the Delimitation Commission or Boundary Commission. Article 82 and 170 of the Constitution of India
provide for readjustment and the division of each state into territorial constituencies.

Objectives of Delimitation
¾ Equal Representation: Ensures uniform voter strength by correcting imbalances in overrepresented and
underrepresented regions.
¾ Electoral Integrity: Adjusts constituency boundaries in line with demographic shifts, ensuring fair and accurate
representation.
¾ Preventing Malapportionment: Eliminates significant variations in constituency sizes, preserving the fairness of
democratic representation.

Constitutional and Legal Framework

¾ Article 82: Mandates the Parliament to enact a Delimitation Act after every census.
¾ Delimitation Act, 2002: The latest act under which the current delimitation was carried out based on the 2001 census.
¾ 84th Amendment Act, 2002: Froze the total number of existing seats in the Lok Sabha and State Assemblies until the
first census after 2026.

Appointment and Composition of the Delimitation Commission

¾ Appointment: The President of India appoints the Delimitation Commission in consultation with the Election
Commission of India (ECI).
¾ Members: A retired Supreme Court judge (Chairperson), the Chief Election Commissioner, and the respective State
Election Commissioners.
¾ Independence: Functions without executive influence.
¾ Authority: Its decisions are final, cannot be challenged in court, and are beyond modification by Parliament or State

Historical Timeline of Delimitation Exercises in India

¾ Delimitation Commissions were established under the Delimitation Acts of 1952, 1962, 1972, & 2002.
¾ Notably, no Delimitation Commission was constituted after the 1981 and 1991 Censuses due to political and
demographic considerations.

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¾ Reason for Freezing Delimitation in 1976: To encourage population control, preserve federal balance, and maintain
political stability by preventing regional tensions over seat reallocation.

Current Status
¾ Next Delimitation: Scheduled after the first census post-2026, as per the 84th Amendment.
¾ Census Delay: The 2021 census was postponed due to the COVID-19 pandemic, affecting the delimitation timeline.

Factors Driving the Need for Delimitation

¾ Correcting Population-Based Disparities: Large states like the U.P. have MPs representing over 25 lakh voters, while
smaller states have constituencies with less than 10 lakh voters, violating the principle of equal representation.
¾ Addressing Urban Overcrowding: Rapid migration has led to overpopulated urban constituencies, creating an
imbalance in voter representation and necessitating redistribution.
¾ Recognizing Demographic Shifts: States with high population growth like Uttar Pradesh and Bihar are
underrepresented, while low-growth states like Kerala & Tamil Nadu fear a loss of political influence.
¾ Ensuring Electoral Fairness: Delayed delimitation risks widening regional disparities, making certain states
disproportionately powerful in governance and policy decisions.

Challenges in Conducting Delimitation in India

¾ Federal Imbalance: States with lower population growth (South) may lose seats, while high-population states (North)
may gain, affecting political equilibrium.
¾ Impact on Regional Parties: State-based parties may see reduced representation, weakening regional voices in national
policymaking.
¾ Redrawing of Reserved Seats: Changes in demographic patterns may alter SC/ST constituencies, affecting political
representation.
¾ Delay in Women’s Reservation: The Women’s Reservation Act is linked to delimitation, which may delay its
implementation.
¾ Political and Legal Challenges: Resistance from affected states & legal disputes could hinder smooth execution.

Way Forward
¾ Expanding Lok Sabha strength: Increase the total number of seats instead of redistributing existing ones to prevent
penalising states with successful population control.
¾ Weighted representation: Introduce a formula that balances population size with governance performance to ensure
fairness.
¾ Strengthening Rajya Sabha’s role: Enhance upper house representation for low-population-growth states to maintain
federal balance.
¾ Phased implementation: Implement changes gradually to avoid political instability and ensure a smooth transition.

The Delimitation Commission serves as a cornerstone in maintaining the democratic fabric of India by ensuring fair and
equal representation. While its role is constitutionally mandated and legally robust, the challenges it faces—ranging from
regional disparities to data accuracy—underscore the need for a balanced and transparent approach in future exercises.

ONE NATION, ONE ELECTION

The concept of “One Nation, One Election” (ONOE) aims to synchronize elections for the Lok Sabha (the lower house of
India’s Parliament) and all state legislative assemblies. This would involve holding these elections simultaneously, either on
a single day or within a specific time frame.

Committee on One Nation, One Election

The Indian government has established a committee led by former President Ram Nath Kovind to explore the feasibility
of implementing ONOE. This move highlights the government’s commitment to the concept, particularly as assembly
elections in five states are due in late 2023, followed by Lok Sabha elections expected in mid-2024.

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¾ Recently, One Nation, One Election Bill for simultaneous election, also known as the Constitution (129th Amendment)
Bill 2024, has been introduced in the Lok Sabha and will be reviewed by a Joint Parliamentary Committee.

Key provisions of the Constitution (129th Amendment) Bill, 2024

¾ Insertion of new article 82A:
™ Simultaneous Elections: Election Commission will conduct general elections for the Lok Sabha and all State
Legislative Assemblies (SLA) simultaneously.
™ Term of Legislative Assemblies: Term of all SLA will end with the full term of Lok Sabha, that is, 5 years.
¾ Amendment to Article 83: It defines Unexpired Term, Mid-term and General Elections.
™ It says when the Lok Sabha is dissolved before full term of 5 years as stated, period between date of dissolution and
the expiry of full term shall be an unexpired term.
™ Pursuant to dissolution, a mid-term election shall take place and a new Lok Sabha shall be constituted only for
unexpired term.
¾ Amendment of Article 172: It defines unexpired term and Full term for the SLA.
¾ Amendment of Article 327: Power of Parliament to make provision with respect to elections to the Legislatures.

Pros of One Nation, One Election

1. Cost Reduction:
™ Historical Context: In the first Lok Sabha elections of 1951-52, 53 parties contested with 1,874 candidates, and
the cost was around ₹11 crore. By 2019, costs surged to approximately ₹60,000 crore with 610 parties and 9,000
candidates.
™ Projected Savings: Implementing ONOE could potentially save up to ₹4.5 lakh crore, equivalent to 1.5% of India’s
GDP, by reducing the frequency of elections and associated expenditures.
2. Administrative and Security Efficiency:
™ Resource Optimization: Frequent elections necessitate repeated deployment of administrative and security
personnel, disrupting regular governance and public service delivery. ONOE would streamline these processes,
allowing for better resource allocation.
3. Governance Focus:
™ Continuous Policy Implementation: Frequent elections often lead to policy paralysis, as governments enter
election mode and are constrained by the Model Code of Conduct. ONOE would provide governments with
uninterrupted periods to implement policies effectively.
™ Economic Stability: By minimizing electoral disruptions, ONOE could contribute to a more stable economic
environment, fostering investor confidence and consistent policy execution
4. Increased Voter Turnout:
™ The Law Commission suggests that simultaneous elections might boost voter turnout by simplifying the voting
process, allowing voters to cast multiple ballots at once.
5. Extended Preparation Time:
™ Conducting elections once every five years would provide more time for preparation for all stakeholders, including
political parties, the Election Commission of India (ECI), security forces, and the public.
6. Technological Integration
™ Digital Electoral Processes: ONOE would encourage the adoption of technology in electoral processes, such as
electronic voting and digital voter registration, leading to more efficient and transparent elections.
™ Innovations in Governance: The move towards synchronized elections aligns with broader digital governance
initiatives, promoting efficiency and accountability.

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Cons of One Nation, One Election
1. Constitutional and Legal Challenges:
™ Implementing ONOE would require significant constitutional amendments and changes to existing legal
frameworks, including state assemblies’ approval.
2. Historical Context and Feasibility:
™ Complex Political Landscape: While ONOE was practised in the 1950s and 1960s when India had fewer states
and a smaller population, the current political and logistical environment is more complex.
3. Political Instability:
™ Mid-Term Dissolutions: If a government falls before completing its term, it could necessitate nationwide elections
or create discrepancies in the synchronized cycle, leading to instability and frequent adjustments.
4. Increased Requirements for EVMs and VVPATs:
™ Logistical Challenges: Conducting simultaneous elections would require a substantial increase in electronic
voting machines (EVMs) and voter-verifiable paper audit trails (VVPATs), doubling the current requirements
and posing significant logistical and financial challenges.
5. Security Challenges:
™ Enhanced security measures and logistical arrangements would be necessary, including additional polling staff
and transportation of materials.
6. Potential Overshadowing of Regional Issues:
™ National issues might overshadow regional concerns, potentially affecting state-level electoral outcomes.
7. Political Consensus:
¾ Achieving agreement among all political parties is crucial and challenging. Opposition parties have expressed concerns
about ONOE, adding complexity to the process.

Conclusion

The “One Nation, One Election” proposal presents both significant advantages and challenges. While it promises cost
savings and administrative efficiencies, it also requires extensive constitutional changes, logistical planning, and political
consensus. The feasibility and impact of this proposal will depend on careful consideration and successful navigation of
these complex issues.

UNIFORM CIVIL CODE (UCC)

The Uniform Civil Code (UCC) aims to establish a common set of laws governing personal matters for all citizens of India,
regardless of their religion. This includes areas such as marriage, divorce, inheritance, and adoption. Article 44 of the
Indian Constitution outlines that the state should strive to implement a UCC.

Current Status of UCC in India

1. Existing Uniformity in Civil Matters: India already has uniform laws in various civil matters, such as the Indian
Contract Act, Civil Procedure Code, Transfer of Property Act, and others.
2. Diversity in Personal Laws: Despite some uniformity, significant diversity exists in personal laws, with states making
various amendments to uniform laws, such as the Motor Vehicles Act, 2019, which some states have opted out of.
3. Goa’s Implementation: Goa is the only state in India where a form of UCC has been fully implemented.

Law Commission’s Views

1. 2018 Law Commission Report: The 21st Law Commission stated that UCC was neither necessary nor desirable at
that time, suggesting that reforms in personal laws should be pursued through amendments rather than through a
comprehensive UCC.
2. Recent Developments: The 22nd Law Commission of India is seeking public opinion and suggestions from recognized
religious organizations regarding the UCC.

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Constituent Assembly’s Perspective
1. Debates and Decisions: During the Constituent Assembly debates, there was significant discussion on UCC. The
sub-committee, led by Sardar Vallabhbhai Patel, decided against including UCC as a fundamental right, favouring its
inclusion in the Directive Principles of State Policy (Article 44).
2. Dr. B.R. Ambedkar’s View: Dr. Ambedkar saw UCC as desirable but recommended it should remain voluntary until
the nation was socially ready to accept it.

Recent Developments
1. Prime Minister’s Support: The Prime Minister has advocated for UCC, arguing that a system of separate laws for
different communities undermines national efficiency.
2. Uttarakhand:
™ Uttarakhand has become the first state in India to implement the Uniform Civil Code (UCC) from 27 January
2025.
™ Excluding the Scheduled Tribes, the Act aims to provide equality for all citizens irrespective of their religion, caste,
or gender.
3. Allahabad High Court: The Allahabad High Court has urged the Central Government to initiate the process for
implementing UCC.

Advantages of implementing UCC:

¾ Equality and Justice: A UCC would ensure that all citizens are governed by the same set of laws irrespective of their
religious or cultural background.
¾ Secularism: A UCC aligns with the secular principles enshrined in the Indian Constitution by separating personal
laws from religious institutions.
¾ Gender Equality: One of the primary advantages of a UCC is the potential to promote gender equality by abolishing
discriminatory practices prevalent in personal laws. Uniform laws can ensure equal rights and protections for women
in matters such as marriage, divorce, inheritance, and property rights.
¾ Socio-economic Development: A UCC can contribute to socio-economic development by streamlining legal processes
and reducing administrative burdens associated with navigating multiple personal laws.
¾ National Integration: Implementing a UCC can contribute to national integration by fostering a sense of unity and
common identity among citizens.
¾ Legal Certainty and Consistency: A UCC provides legal certainty and consistency by establishing uniform standards
and procedures applicable to all citizens.
¾ Modernization and Reform: Introducing a UCC reflects a commitment to modernize and reform existing legal
systems to align with contemporary values and principles.
¾ International Recognition: Adopting uniform civil laws brings India in line with international standards and
conventions on human rights and equality.

Challenges in the implementation of UCC:

¾ Violation of Fundamental Rights: UCC may be in conflict with Article 25 - Freedom of conscience and free profession,
practice, and propagation of religion, and Article 26 - Freedom to manage religious affairs.
¾ Threat to Religious and Cultural diversity of India: It would require the abandonment of personal laws that are
specific to particular religious or cultural communities.
¾ Practical difficulties: It is tough to develop a uniform set of rules for personal issues like marriage due to the tremendous
cultural diversity in India across religions, sects, castes, states etc.
¾ Encroachment on religious freedom: Many communities fear that a common code will neglect their traditions and
impose rules which will be influenced by the majority of religious communities.
¾ Interference of the state in personal matters: The constitution provides for the right to freedom of religion of one’s
choice. With the codification of uniform rules and their compulsion, the scope of the freedom of religion will be
reduced.

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¾ Political Opposition: The issue of a UCC has been politicized, with political parties hesitant to pursue its implementation
due to fears of alienating religious minorities and losing electoral support.
¾ Legal Complexity: Drafting a UCC that respects the principles of equality, justice, and individual rights while also
accommodating religious beliefs and traditions is a complex task that requires careful consideration and consultation.
¾ Resistance from states: States may resist central efforts to impose uniform civil laws, citing federalism and states’
rights as grounds for opposing legislative intervention.

Way Forward
¾ Public Discourse and Awareness: Engage in extensive public discourse and awareness campaigns to educate citizens
about the benefits of UCC and address misconceptions.
¾ Consultative Process: Involve all stakeholders, including religious leaders, legal experts, and civil society organizations,
in a consultative process to address concerns and gather feedback.
¾ Gradual Implementation: Implement UCC in a phased manner, starting with areas of consensus and gradually
expanding its scope to cover all aspects of civil law.
¾ Legal Reforms: Undertake comprehensive legal reforms to harmonise existing laws, ensuring compatibility with
constitutional principles of equality and justice.
¾ Sensitivity and Inclusivity: Ensure that the implementation of UCC is sensitive to diverse cultural and religious
practices, accommodating reasonable exceptions where necessary to respect individual freedoms.

Implementing UCC would be a complex and sensitive process involving significant legal, political, and social considerations.
It requires a careful balance between uniformity and respect for diverse religious practices.

SUPREME COURT VERDICT ON SUB-CLASSIFICATION OF SCS AND STS

The Supreme Court of India has delivered a landmark verdict allowing states to sub-classify Scheduled Castes (SCs) and
Scheduled Tribes (STs) for the purpose of reservations. This decision, which overturns the 2004 ruling in E.V. Chinnaiah vs.
State of Andhra Pradesh, significantly impacts reservation policies in India.

Key Points of the Supreme Court’s Verdict

1. Sub-Classifications Permitted:
™ The Court ruled that states can sub-classify SCs and STs based on varying levels of backwardness.
™ States are allowed to create sub-categories within the SC and ST groups to provide better support to the most
disadvantaged.
2. Clarification on Terms:
™ Chief Justice of India emphasized the distinction between “sub-classification” and “sub-categorisation”, warning
against using these classifications for political reasons rather than genuine upliftment.
™ Sub-classification should be grounded in empirical data and historical evidence of systemic discrimination, not
arbitrary or political motives.
3. Restrictions and Oversight:
™ 100% reservation for any sub-class is not permissible.
™ Decisions on sub-classification are subject to judicial review to prevent misuse.
™ The ‘creamy layer’ principle, previously applied to Other Backwards Classes (OBCs), is now also applicable to SCs
and STs. This means that the more advantaged members within these groups should be excluded from the benefits
of reservations.
™ Reservations should be limited to the first generation; benefits should not extend to the second generation if the
first has achieved higher status.
4. Rationale:
™ The ruling acknowledges that systemic discrimination prevents some members of SCs and STs from advancing.
Sub-classification under Article 14 can help address these disparities more effectively.

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Background of the Issue
1. Reference to Seven-Judge Bench:
™ The issue of sub-classification was referred to a seven-judge bench following the case of State of Punjab v. Davinder
Singh (2020).
™ The reference was prompted by the need to reconsider the E.V. Chinnaiah judgment, which had previously held
that SCs and STs could not be sub-classified.
2. Legal Challenges:
™ The Punjab Scheduled Caste and Backwards Classes (Reservation in Services) Act, 2006 was challenged for its
provision on sub-classification.
™ A division bench of the Punjab and Haryana High Court struck down this provision, citing the E.V. Chinnaiah
ruling.
3. Previous Judgment:
™ The E.V. Chinnaiah judgment established that SCs, being a homogeneous group under Article 341, could not be
subdivided further for reservation purposes.

Arguments For and Against Sub-Classification

Arguments For Sub-Classification:

1. Enhanced Flexibility:
™ Allows better targeting of policies to address the needs of the most disadvantaged within SC/ST communities.
2. Alignment with Social Justice:
™ Helps achieve social justice by providing targeted benefits to those who need them most.
3. Constitutional Provisions:
™ Article 16(4) allows reservations for backwards classes in state services.
™ Article 15(4) and Article 342A empower states to create special arrangements and maintain lists of backwards
classes.

Arguments Against Sub-Classification:

1. Homogeneity of SCs and STs:
™ Critics argue that sub-classification undermines the uniform status of SCs and STs as recognized in the Presidential
list.
2. Potential for Inequality:
™ Sub-classification may exacerbate inequalities within the SC/ST communities.

Significance of the Verdict

1. Overruling Previous Judgment:
™ The decision reverses the E.V. Chinnaiah ruling and allows states to create sub-categories within SC and ST groups.
2. Impact on State Laws:
™ The ruling upholds various state laws that had previously been struck down, such as those in Punjab and Tamil
Nadu.
3. Future of Reservations:
™ States can now implement sub-classification policies, potentially leading to more nuanced and effective reservation
strategies.

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Challenges for Sub-Classification
1. Data Collection and Evidence:
™ Accurate and comprehensive data on the socio-economic conditions of sub-groups is crucial.
™ Avoiding biases and ensuring data accuracy is challenging.
2. Balancing Interests:
™ Balancing the interests of different sub-groups while ensuring overall fairness can be complex.
3. Uniformity vs. Diversity:
™ Managing variations across states while addressing local needs is a challenge.
4. Political Resistance:
™ Policies may face opposition from political groups, leading to potential delays and conflicts.
5. Social Tensions:
™ Sub-classification might exacerbate intra-community conflicts and divisions.
6. Administrative Burden:
™ Creating and managing sub-categories adds administrative complexity and requires additional resources.

Way Forward
1. Historical and Socio-Economic Considerations:
™ States should consider historical discrimination, economic disparities, and social factors.
™ Ensure fairness by avoiding political motivations.
2. Data Collection:
™ Utilize the upcoming Census for comprehensive data on SCs and STs, including sub-groups.
3. Independent Verification:
™ Establish independent processes for data verification to maintain transparency.
4. Objective Criteria:
™ Define clear and objective criteria for sub-classification based on socio-economic indicators.
5. Monitoring and Adjustment:
™ Monitor the impact of sub-classification policies and adjust based on outcomes.
6. Focus on Overall Development:
™ Recognize sub-classification as a temporary measure and focus on broader socio-economic development and
empowerment of SCs and STs.

The Supreme Court’s decision marks a significant shift in the reservation landscape, aiming to provide more nuanced
support to the most disadvantaged within SC and ST communities while addressing challenges and potential pitfalls.

WOMEN’S REPRESENTATION IN THE INDIAN PARLIAMENT AND STATE LEGISLATURE

Women’s representation in politics has been a long struggle worldwide. While some countries have made progress, others
lag. In India, women got the right to vote from the start, but their representation in parliament remained low for decades.
¾ Recently, India passed a law to reserve one-third of seats for women in national and state legislatures. This is a big step,
but it will not take effect until after the next census. The change aims to bring more women’s voices into lawmaking and
hopefully lead to more women in government leadership roles.

What is the Status of Women’s Representation in India?

¾ In the 18th Lok Sabha, women hold 74 seats, constituting approximately 13.6% of the total membership.
¾ State Legislative Assemblies fare worse, with an average of only 9% women representatives.
¾ The 17th Lok Sabha (2019-2024) saw the highest number of women MPs ever elected - 78 out of 543 seats,

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approximately 14.4% of the total membership
¾ Women’s representation in the Rajya Sabha (Upper House) is slightly better at about 13%.

Reasons for low women representation in parliament:

¾ Gender Stereotypes: Traditional societal norms confine women to domestic roles, discouraging their political
participation.
¾ Lack of Political Education: Limited access to political education hinders women’s understanding of their rights and
governance processes.
¾ Work and Family Responsibilities: Disproportionate household and caregiving duties restrict women’s time and
capacity to engage in politics.
¾ Lack of Resources: Women often lack financial support and networks within political parties, making it challenging
to contest elections.
™ The proportion of women who own land independently (sole ownership) is significantly lower, estimated
at 8.3%.
¾ Social Conditioning: Societal expectations and norms discourage women from pursuing leadership roles in politics.
¾ Unfriendly Political Environment: The political sphere is often unwelcoming and hostile to women, deterring their
active participation

What are the Constitutional Provisions and Laws in India for Women Representation?
¾ The Indian Constitution guarantees equal rights to women, including the right to vote and contest elections under
Articles 14, 15, and 16.
¾ Article 243D and 243T provide for reservation of seats for women in local bodies.
¾ 73rd and 74th Constitutional Amendments (1992/1993) mandated 33% reservation for women in local governing
bodies (panchayats and municipalities).
¾ Some states have implemented 50% reservation for women in local bodies, going beyond the constitutional mandate.
E.g. Himachal Pradesh

WOMEN’S RESERVATION ACT, 2023

Constitution (106th Amendment) Act, 2023 or the Nari Shakti Vandan Adhiniyam, was introduced in the Lok Sabha on
19 September 2023, passed by both houses of Parliament, and received Presidential assent on 28 September 2023.
¾ It seeks to reserve 33% of seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative
Assembly of the National Capital Territory (NCT) of Delhi.

Newly Added provisions

¾ Article 330A: Introduced to reserve seats for women in the Lok Sabha.
¾ Article 332A: Introduced to reserve seats for women in the State Legislative Assemblies.
¾ Article 334A: Specifies that the reservation will come into effect after the first delimitation following the first census
conducted after the commencement of the Act and will be in force for 15 years, with provisions for extension by
Parliament.

Implementation Timeline
¾ The reservation will be implemented after the publication of the first census conducted following the commencement
of the Act and subsequent delimitation based on that census.
¾ Given that the next census is scheduled post-2026, the reservation is expected to be effective from the 2029 general
elections.

Rotation of Reserved Seats

¾ Reserved seats for women will undergo rotation after each delimitation exercise to ensure equitable representation
across different constituencies.

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Historical Attempts
¾ The journey of the Women’s Reservation Bill began in 1996 with multiple attempts in 1998, 1999, and 2008, all of which
lapsed due to lack of consensus.
¾ The 2008 bill was passed in the Rajya Sabha but did not progress in the Lok Sabha

Significance of the Bill

¾ Enhanced Representation: Aims to increase women’s participation in legislative processes, leading to more inclusive
governance.
¾ Gender Equality: Addresses the historical underrepresentation of women in politics, promoting gender parity.
¾ Policy Impact: Studies suggest that increased female representation can lead to more attention to issues like health,
education, and child welfare.
¾ Role Models: Encourages more women to participate in politics by providing visible role models.

Criticisms and Concerns

¾ Delayed Implementation: The requirement of a post-census delimitation means the reservation won’t be immediate,
leading to concerns about postponement.
¾ Exclusion of OBC Quota: The bill does not provide sub-reservation for Other Backwards Classes (OBCs), leading to
demands for more inclusive provisions.
¾ Rotation Challenges: Frequent rotation of reserved seats may disrupt constituency development and affect political
stability.
¾ Tokenism: Concerns that reservations might lead to women being elected as proxies for male relatives, undermining
genuine empowerment.

Conclusion

The Women’s Reservation Act, 2023, marks a significant step towards achieving gender equality in Indian politics. While
its implementation is set for the future, its passage reflects a commitment to empowering women and ensuring their
representation in legislative processes.

MODEL ANSWERS
1. What are the foundational sources and key influences that shaped the Constitution of India? In what ways does
the Constitution embody the principles of unity and diversity within Indian democracy?

The Constitution of India, adopted on January 26, 1950, stands as a testament to the nation’s commitment to democracy,
justice, and inclusivity. Crafted in the aftermath of colonial rule and partition, it draws from a multitude of sources to
address India’s unique socio-political challenges.

Foundational Sources and Key Influences

¾ Government of India Act, 1935
™ This Act served as a primary blueprint for the Indian Constitution. It introduced a federal structure, provincial
autonomy, and emergency provisions, many of which were incorporated into the Constitution.
9 For Example, the office of the Governor and the framework for public service commissions were adapted
from this Act.
¾ British Constitution
™ India adopted the parliamentary system of governance, the concept of the rule of law, and the idea of single
citizenship from the British model.
™ The bicameral legislature, consisting of the Lok Sabha and the Rajya Sabha, mirrors the British Parliament’s House
of Commons and House of Lords.

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¾ United States Constitution
™ The Indian Constitution borrowed the concept of fundamental rights, the structure of an independent judiciary,
and the principle of judicial review from the U.S.
™ The federal structure, with a clear division of powers between the central and state governments, also finds its
roots here.
¾ Irish Constitution
™ The Directive Principles of State Policy, which guide the state in formulating policies aimed at establishing a just
society, were inspired by the Irish Constitution.
¾ Canadian Constitution
™ India’s quasi-federal structure, where the central government holds more power than the states, was influenced by
the Canadian model. The residuary powers vested in the central government reflect this influence.
¾ Other International Sources
™ Features such as the method of amendment (South Africa), the concept of procedure established by law (Japan),
and the inclusion of fundamental duties (Soviet Union) were also integrated into the Indian Constitution.

Reflection of Unity and Diversity in Indian Democracy

¾ Linguistic Diversity
™ The Eighth Schedule of the Constitution recognizes 22 official languages, acknowledging India’s vast linguistic
diversity.
™ This inclusion ensures that various linguistic communities feel represented and valued.
¾ Religious Pluralism
™ India is a secular state, as enshrined in the Constitution and Articles 25 to 28, guaranteeing freedom of religion.
This ensures that all religions are treated equally, promoting harmony in a multi-religious society.
¾ Federal Structure
™ The division of powers between the central and state governments allows for regional autonomy while maintaining
national unity.
™ The reorganization of states on linguistic lines in 1956 is a testament to accommodating diversity within a unified
framework.
¾ Affirmative Action
™ The Constitution provides for reservations in education, employment, and political representation for Scheduled
Castes, Scheduled Tribes, and Other Backwards Classes.
™ This promotes social justice and integrates marginalized communities into the mainstream.
¾ Local Self-Governance
™ The 73rd and 74th Constitutional Amendments introduced Panchayati Raj Institutions and Urban Local Bodies,
empowering local communities and ensuring grassroots participation in governance.

The Indian Constitution is a harmonious blend of indigenous values and global principles, meticulously crafted to address
the nation’s unique challenges. By drawing from diverse sources and ensuring representation for all communities, it upholds
the ideals of unity in diversity. Its enduring relevance and adaptability underscore its role as the cornerstone of Indian
democracy, guiding the nation towards inclusive growth and social justice.

2. Critically assess the implications of codifying the basic structure doctrine in the Indian constitutional framework.

The Basic Structure Doctrine, established by the Supreme Court in Kesavananda Bharati v. State of Kerala (1973), asserts
that certain fundamental features of the Indian Constitution are beyond the amending power of Parliament. While this
doctrine has been pivotal in preserving constitutional integrity, it remains uncodified.

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Positive Implications of Codification of the Basic Structure Doctrine
¾ Legal Clarity and Predictability
™ Codifying the doctrine would provide clear guidelines on permissible amendments, reducing ambiguities.
9 For instance, when the 39th Amendment tried to place the election of the President and Prime Minister
beyond judicial review, it was deemed unconstitutional. A codified doctrine could preempt such conflicts.
¾ Strengthening Democratic Foundations
™ The power struggle between the judiciary and the legislature, especially during the Emergency period in the
1970s, exemplifies the need to protect democratic principles.
™ Codifying the doctrine offers a bulwark against potential encroachments on these principles.
¾ Fostering Constitutionalism
™ Codifying the doctrine resonates with Dr. B.R. Ambedkar’s vision of constitutional morality.
™ It emphasises the primacy of the Constitution over transient populist measures, ensuring that changes adhere to
core constitutional values.
¾ Institutional Integrity
™ The judiciary has played a crucial role in upholding constitutional values, as seen in S.R. Bommai v. Union of India
(1994), which emphasized federalism and secularism.
™ Codification could reinforce the judiciary’s mandate to protect the Constitution’s essence.
¾ Fostering Constitutionalism
™ Codifying the doctrine resonates with Dr. B.R. Ambedkar’s vision of constitutional morality.
™ It emphasizes the primacy of the Constitution over transient populist measures, ensuring that changes adhere to
core constitutional values.
¾ Reducing Litigations
™ Codification could potentially reduce legal challenges, like those witnessed post the 42nd Amendment in 1976, by
clearly demarcating the amendment boundaries.

Negative Implications of Codification

¾ Judicial Overreach
™ Explicit codification might inadvertently amplify the judiciary’s power, leading to possible confrontations between
the judiciary and the legislature.
¾ Complex Amendment Process
™ Adding another layer to the amendment procedure could hinder necessary constitutional evolutions.
9 For example, Amendments like the 73rd and 74th Amendment Acts, which empowered local self-governance,
might have faced additional scrutiny under a codified doctrine.
¾ Limiting Progressive Changes
™ Codification might deter transformative amendments.
9 For example, the GST amendment, which unified India’s market, might have faced hurdles if fiscal federalism
was explicitly part of a codified basic structure.
¾ Reduced Flexibility
™ The doctrine’s strength lies in its adaptability, as demonstrated by its evolution through cases like Minerva Mills v.
Union of India (1980). Codification could stifle this dynamic interpretation.
¾ Potential for Misuse
™ A codified doctrine might be invoked to resist genuine reforms under the pretext of protecting constitutional
principles, similar to criticisms faced by the First Amendment regarding free speech.

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¾ Public Misunderstanding
™ Overemphasis on a codified doctrine could lead to misconceptions about the Constitution’s adaptability, as
observed during debates on the Citizenship (Amendment) Act, 2019.

Recommendations
¾ Adopt Broad Guidelines
™ Instead of an exhaustive list, establish general principles akin to Germany’s “eternity clauses,” emphasizing values
like democracy and the rule of law without being overly prescriptive.
¾ Periodic Reviews
™ Implement mechanisms for regular reassessment of the doctrine’s relevance, ensuring it evolves with India’s
democratic ethos.
¾ Public Engagement
™ Foster grassroots constitutionalism through public consultations and educational initiatives to enhance
understanding and participation.
¾ Judicial Training
™ Provide specialized training for the judiciary to interpret the doctrine in line with global best practices and
evolving jurisprudence.
¾ Academic Collaboration
™ Establish think tanks comprising legal scholars to provide research-backed insights on the doctrine’s evolution.

While codifying the Basic Structure Doctrine could enhance clarity and fortify constitutional safeguards, it is imperative to
balance this with the need for flexibility and adaptability. A nuanced approach that incorporates broad guidelines, periodic
reviews, and public engagement may serve to uphold the Constitution’s sanctity while accommodating the dynamic nature
of India’s democracy.

3. Explain the concepts of “Equality Before the Law” and “Equal Protection of the Law” as outlined in Article 14 of
the Indian Constitution. What are the exceptions to these principles?

Ans. Article 14 provides for the “Equality Before Law” and “Equal Protection of the Law” within the territory of India. This
provision confers rights on all persons whether citizens or foreigners.
¾ Moreover, the word ‘person’ includes legal persons, viz, statutory corporations, companies, registered societies or any
other type of legal person.
¾ Equality Before the Law:
™ The concept of “Equality Before Law” is of British origin, and connotes that:
9 The absence of any special privileges in favour of any person;
9 The equal subjection of all persons to the ordinary law of the land administered by ordinary law courts;
9 No person (whether rich or poor, high or low, official or non-official) is above the law.
¾ Equal Protection of Law:
™ The concept of “Equal Protection of Law” has been taken from the American Constitution and emphasises that:
9 The equality of treatment under equal circumstances, both in the privileges conferred and liabilities imposed
by the laws;
9 The similar application of the same laws to all persons who are similarly situated;
9 The like should be treated alike without any discrimination.

While Article 14 broadly promotes equality, certain exceptions allow specific individuals or groups to enjoy immunity or
privileges.

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These Exceptions Include:
¾ Immunities for the President and Governors - The President and Governors are protected from legal proceedings for
actions performed as part of their duties.
™ They cannot be arrested, nor can criminal or civil proceedings be initiated against them during their term of office.
¾ Freedom of Press and Media - No one can face legal action for publishing a substantially true report of parliamentary
or state legislative proceedings in newspapers, on radio, or on television.
¾ Parliamentary Privileges - No member of Parliament shall be liable to any proceedings in any court in respect of
anything said or any vote given by him in Parliament or any committee thereof.
¾ Directive Principles Exception - Article 31-C is an exception to Article 14.
™ It provides that the laws made by the state for implementing the Directive Principles contained in clause (b) or
clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14.
¾ Diplomatic Immunities - Foreign diplomats, sovereigns, and United Nations agencies are protected from criminal
and civil proceedings in India, respecting international protocols.
In conclusion, Article 14 upholds the principle of legal equality in India by ensuring that all individuals receive fair
treatment under the law. It promotes justice and non-discrimination while allowing specific exceptions necessary
for effective governance and adherence to international standards.

4. Examine the role of the Representation of the People Act, 1951, in ensuring free and fair elections.

The Representation of the People Act (RPA), 1951, is a cornerstone of India’s electoral democracy. Enacted under Article 327
of the Constitution, it lays down detailed provisions for the conduct of elections to the Parliament and state legislatures, the
qualifications and disqualifications for membership, and resolution of election disputes. It plays a vital role in maintaining
the integrity, transparency, and fairness of the electoral process.

Role of RPA, 1951 in Ensuring Free and Fair Elections:

¾ Regulation of Electoral Process
™ Provides a legal framework for the conduct of elections, including nomination, campaigning, voting, counting,
and result declaration.
™ Empowers the Election Commission to supervise and control the entire process, ensuring neutrality.
¾ Qualification and Disqualification of Candidates
™ Disqualifies candidates with criminal convictions, corrupt practices, and certain financial irregularities (Sections
8–10A).
™ Prevents misuse of power by barring convicted individuals from contesting, thereby discouraging criminalisation
of politics.
¾ Control of Electoral Malpractices
™ Defines and prohibits corrupt practices such as bribery, undue influence, impersonation, and booth capturing.
™ Penal provisions act as a deterrent to misuse of money and muscle power.
¾ Model Code of Conduct & Election Expenditure Monitoring
™ While the Model Code is not part of the Act, RPA complements it by empowering EC to take action against
violations.
™ Requires candidates to maintain and submit accounts of election expenses within the prescribed limit (Section
77).
™ Failure to comply may lead to disqualification under Section 10A.
¾ Redressal of Election Disputes
™ Establishes a legal mechanism for resolving election-related grievances through election petitions before High
Courts (Section 80–86).
™ Ensures legal recourse for aggrieved parties, thus upholding the rule of law.

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¾ Safeguards against Non-Citizens & Multiple Voting
™ Ensures only eligible citizens vote through strict registration and verification rules.
™ Penalises false declarations and impersonation under Sections 171D and 171F of the IPC, as supported by RPA.

Challenges Despite RPA, 1951:

¾ Rising Criminalisation: Despite disqualification clauses, many candidates with serious charges contest elections due
to delays in trials.
¾ Money Power: Election expenditure limits are often circumvented, with real spending far exceeding declared amounts.
¾ Weak Enforcement: Lack of timely enforcement and prosecution reduces the deterrent effect of penalties.
¾ Delayed Disqualification—Only After Conviction: Disqualification under RPA occurs only after conviction, allowing
individuals with serious pending charges to contest and even win elections.
¾ Incorrect and Incomplete Disclosure of Information: Candidates often file misleading or incomplete affidavits
regarding assets, criminal records, and liabilities, reducing transparency and informed voting.

The Representation of the People Act, 1951, has been instrumental in institutionalising democratic norms in India by
enabling a fair electoral framework. However, evolving challenges such as the criminalisation of politics and excessive
campaign spending require reforms and stronger enforcement to further the objective of truly free and fair elections.

5. Assess the importance of the Fundamental Duties introduced by the 42nd Amendment and their role in
contemporary India.

The 42nd Amendment of the Indian Constitution in 1976 introduced the Fundamental Duties under Article 51A, inspired
by the USSR Constitution and based on the Swaran Singh Committee’s recommendations. There are 11 fundamental duties
which outline obligations for Indian citizens to promote patriotism and uphold the spirit of unity in diversity.

These duties support Fundamental Rights by reminding citizens of their role in helping the country and society.

Importance of the Fundamental Duties introduced by the 42nd Amendment.

¾ Promotion of Civic and Moral Responsibilities: They encompass both moral and civic obligations. Such as holding
noble ideals from the freedom struggle is a moral obligation, while respecting the Constitution, National Flag, and
National Anthem is a civic duty (Article 51A(a) and (b)).
¾ Reflection of Indian Values and Traditions: They reflect values ingrained in Indian tradition, mythology, religions,
and practices; codifying tasks integral to the Indian way of life.
™ For Example: Duty to promote harmony and the spirit of common brotherhood under Article 51A(e) resonates
with the principles of Vasudhaiva Kutumbakam.
¾ Reminder of Responsibilities: They remind citizens to be conscious of their duties alongside their rights.
™ For example: Upholding and protecting the sovereignty, unity, and integrity of India is a duty under Article
51A(c) which requires citizens to act responsibly, such as reporting anti-national activities.
¾ Warning Against Anti-National Activities: They act as a warning against activities detrimental to the nation.
™ For example: Article 51 A (i) calls to safeguard public property and to abjure violence.
¾ Help in Judicial Interpretation: The Supreme Court’s judgments often invoke these duties to underline the importance
of civic responsibility.
™ For example: In cases like Mohan Kumar Singhania (1991) and the Ramlila Maidan Incident (2012), the courts
referenced these duties (Article 51A).
¾ Enforceability by Law: Parliament has the authority to impose penalties for non-compliance with Fundamental
Duties, reinforcing their significance (Article 51A).
™ For example: The Prevention of Insults to National Honour Act, 1971, penalizes disrespect towards national
symbols, emphasizing compliance with these duties.

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Their role in contemporary India
¾ Educational Integration: Fundamental Duties are incorporated into the educational curriculum to instil civic
responsibility among students.
™ For example: Moral education classes in schools and the National Cadet Corps (NCC) include lessons on
Fundamental Duties, fostering a sense of responsibility from a young age.
¾ Environmental Initiatives: Article 51A(g) of the Constitution of India states that it is the duty of every citizen to
protect and improve the natural environment.
™ For example: it inspires citizen participation in initiatives like Namami Gange.
¾ Promotion of Humanism and Ethics: They foster ethical behaviour and humanism, shaping a more compassionate
society.
™ For example: Campaigns against social evils like untouchability and caste discrimination, inspired by Article
51A(e), which calls to promote harmony and a sense of brotherhood.
¾ Promotion of National Integration: Article 51A(e) mandates promoting harmony and the spirit of common
brotherhood among all people, transcending religious, linguistic, regional, or sectional diversities.
™ For example: Programs like Ek Bharat Shreshtha Bharat promote cultural exchange and unity among different
states and regions.
¾ Encouragement of Scientific Temper: Article 51A(h) calls for developing a scientific temper, humanism, and the
spirit of inquiry and reform.
™ For example: Government initiatives like Digital India and scientific exhibitions in schools promote technological
advancement and scientific thinking.
¾ Preservation of Heritage and Culture: Article 51A(f) emphasizes valuing and preserving the rich heritage of our
composite culture.
™ For example: Preservation of UNESCO World Heritage Sites in India, such as the Taj Mahal and Red Fort,
highlight the importance of cultural heritage.

Fundamental Duties, although non-enforceable, play a crucial role in guiding Indian citizens towards a more responsible,
ethical, and united society. Their continued relevance ensures that individual actions contribute positively to national
development and uphold the principles of the Constitution.

6. Evaluate the effectiveness of the parliamentary Committees in the Indian Parliament. What are the major
challenges faced by these committees in fulfilling their responsibilities?

Parliamentary Committees are essential pillars of India’s legislative framework, facilitating detailed scrutiny of bills, policies,
and government actions. They operate as extensions of the Parliament, ensuring accountability, transparency, and informed
decision-making.
¾ However, their effectiveness is contingent upon various factors, and recent developments have highlighted both their
strengths and areas needing reform.

Effectiveness of Parliamentary Committees

¾ Enhanced Legislative Scrutiny: Committees enable comprehensive examination of legislative proposals, allowing for
detailed analysis beyond the limited time available in parliamentary sessions.
™ Example: The Joint Parliamentary Committee (JPC) on the “One Nation, One Election” initiative, established in
December 2024, is tasked with scrutinizing the feasibility of simultaneous elections, reflecting the committee’s role
in evaluating significant constitutional amendments.
¾ Oversight of Government Expenditure: Financial committees like the Committee on Public Undertakings (COPU)
examine reports and accounts of public sector undertakings, ensuring fiscal responsibility.
™ Example: COPU scrutinizes the performance of various public sector enterprises, contributing to improved
efficiency and accountability.

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¾ Expertise and Specialization: Members often develop subject-matter expertise, facilitating informed discussions and
recommendations on complex issues.
™ Example: The Committee on External Affairs has provided detailed reports on India’s foreign policy and diplomatic
engagements, demonstrating the value of specialized knowledge in parliamentary oversight.
¾ Non-Partisan Debates: Standing Committees facilitate non-partisan discussions, providing a platform for members to
engage in objective debate, free from political pressure seen in larger parliamentary sessions.
™ Example: The Public Accounts Committee (PAC) often scrutinises government spending without party biases,
strengthening financial accountability.
¾ Inclusive Representation Across Party Lines: Committees include members from multiple parties, ensuring diverse
representation and perspectives in decision-making, mirroring the democratic setup of Parliament.
™ Example: The Standing Committee on Defence has representation from various parties, allowing for comprehensive
deliberation on national security issues.
¾ Public Engagement and Transparency: Committees provide a platform for public participation, allowing stakeholders
to contribute to the legislative process and enhancing transparency.
™ Example: During the review of the Waqf (Amendment) Bill, 2024, the JPC conducted meetings to seek inputs
from stakeholders, reflecting the committee’s role in incorporating public perspectives.

Challenges Faced by Parliamentary Committees

¾ Declining Referral of Bills: The proportion of bills referred to committees has decreased, limiting detailed legislative
scrutiny.
™ Example: In the 17th Lok Sabha, only about 20% of bills were referred to committees, a significant drop from
approximately 70% in the 15th Lok Sabha.
¾ Reduced Meeting Frequency and Attendance: Many committees meet less frequently, and low attendance by members
reduces the depth of discussions and the quality of recommendations.
™ Example: A PRS report suggests that attendance of MPs in Committee meetings is about 50%, which is lower than
the 84% attendance seen during the Parliament sittings.
¾ Advisory Nature of Recommendations and Lack of Enforcement Power: The recommendations made by
parliamentary committees are not binding on the government. While they carry significant moral weight, the
government is not obligated to accept or implement them.
¾ Delayed Constitution of Committees: After the 2024 general elections, delays in forming standing committees
impeded their oversight roles, affecting the timely examination of legislative matters.
¾ Political Interference in Committee Decisions: Political agendas sometimes influence committee decisions, reducing
the objectivity and non-partisan nature of discussions.
¾ Limited Discussion of Committee Reports: Reports submitted by committees are often not discussed in Parliament,
reducing their impact on policy-making.
™ Example: Evaluations of policies and schemes by parliamentary committees are frequently not taken up for
discussion on the floor, diminishing their influence on legislative decisions.

Reforms to Strengthen Parliamentary Democracy in India

¾ Mandating Regular Meetings and Reporting Timelines: Introducing mandatory minimum meeting frequencies and
reporting timelines can ensure timely submission of relevant insights.
™ Example: Regular meetings can ensure timely analysis of critical bills like the Personal Data Protection Bill, 2022.
¾ Enhancing Resource Allocation and Research Support: Allocating dedicated research staff and data resources to
committees can improve their ability to conduct evidence-based evaluations.
™ For instance, strengthening the Finance Committee with economic researchers could improve fiscal policy
analysis.

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¾ Making Committee Recommendations Binding for Specific Policies: Implementing a requirement for binding
recommendations on critical issues like healthcare and defence would increase their impact.
™ For instance, binding recommendations for the Education Committee could enhance the impact of policies like
the NEP 2020.
¾ Increasing Public Access to Reports and Proceedings: Publishing committee reports and allowing limited public
access to sessions can increase transparency and public accountability.
™ For instance, making PAC reports on public spending accessible to citizens could improve financial accountability.
¾ Encouraging Cross-Party Collaboration Initiatives: Creating programs that encourage cross-party collaboration
within committees can reduce partisanship and promote consensus-driven policy recommendations.

Parliamentary Standing Committees play an integral role in strengthening India’s parliamentary democracy through
legislative scrutiny and policy evaluation. However, their declining effectiveness due to resource constraints, lack of
transparency, and political influence highlights the need for targeted reforms. By ensuring regular meetings, enhancing
public access, and providing sufficient resources, India can leverage these “mini-parliaments” to promote accountable,
transparent, and effective governance for an inclusive democratic future.

7. Due to the current emphasis on social concerns by the political system, the Directive Principles of State Policy are
gaining precedence over Fundamental Rights. Comment.

The interplay between Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs) forms a core dynamic of
India’s constitutional framework. While FRs are justiciable and individually enforceable rights, DPSPs are non-justiciable
directives to the State for achieving socio-economic justice. The evolving political focus on social welfare has brought
DPSPs to the forefront, raising questions about their interplay with FRs.

Overview of the Relationship between FRs and DPSPs

¾ Complementary Nature
™ FRs and DPSPs are designed to be complementary.
™ FRs ensure individual freedoms, while DPSPs aim to achieve social and economic justice.
™ Together, they strive to establish a just society.
¾ Judicial Interpretations:
™ State of Madras v. Champakam Dorairajan (1951): The Supreme Court held that in case of conflict, FRs would
prevail over DPSPs.
™ Kesavananda Bharati v. State of Kerala (1973): Introduced the ‘Basic Structure Doctrine,’ emphasizing that
both FRs and DPSPs are essential features of the Constitution and should be balanced.
™ Minerva Mills v. Union of India (1980): Reaffirmed that neither FRs nor DPSPs should have absolute primacy;
both must coexist harmoniously.

Arguments in Favour of DPSPs Gaining Precedence over FRs

¾ Socio-Economic Justice
™ DPSPs aim to reduce inequalities and promote social welfare, aligning with the Constitution’s vision of a welfare
state.
¾ Legislative Initiatives Reflecting DPSPs:
™ Right to Education: Originally a DPSP under Article 45, it became a Fundamental Right through the 86th
Amendment, leading to the Right to Education Act, 2009.
™ National Food Security Act, 2013: Aligns with Article 47, aiming to provide food and nutritional security.
™ EWS Reservation (103rd Amendment): Introduced 10% reservation for economically weaker sections, reflecting
Article 46’s directive to promote educational and economic interests of weaker sections.
™ Women’s Reservation Bill (106th Amendment, 2023): Reserves 33% of seats in legislatures for women, promoting
gender equality as envisioned in Article 15(3) and Article 39(a).

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¾ Judicial Support: Courts have interpreted FRs in light of DPSPs, expanding the scope of rights to include socio-
economic aspects, such as the right to livelihood and health.

Arguments Against DPSPs Gaining Precedence over FRs

¾ Risk to Individual Liberties: Overemphasis on DPSPs might infringe upon individual rights if not balanced properly.
¾ Judicial Overreach: Courts interpreting DPSPs as enforceable could blur the separation of powers and undermine the
justiciability of FRs.
¾ Constitutional Safeguards: The non-justiciable nature of DPSPs ensures that they guide policy without overriding the
enforceable FRs, maintaining the Constitution’s balance.
¾ Case Example: In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005), the Supreme Court upheld a law
banning cattle slaughter, prioritizing Article 48 (DPSP) over Article 19(1)(g) (FR), leading to debates on the extent of
reasonable restrictions.

Way Forward
¾ Harmonious Interpretation: Both FRs and DPSPs should be interpreted in a manner that they complement each
other, ensuring individual liberties while promoting social welfare.
¾ Policy Formulation: Legislative and executive actions should aim to implement DPSPs without infringing upon FRs,
maintaining the Constitution’s integrity.
¾ Judicial Prudence: Courts should continue to uphold the balance between FRs and DPSPs, ensuring neither is given
absolute primacy over the other.
¾ Public Awareness: Educating citizens about their rights and the importance of DPSPs can lead to more informed
public discourse and democratic participation.

While the current emphasis on social concerns has rightly brought DPSPs into focus, it is imperative to ensure that this does
not come at the expense of individual freedoms guaranteed by FRs. A balanced approach, respecting both FRs and DPSPs,
is crucial for the holistic development of the nation and the realization of the Constitution’s vision.

8. Despite 30 years of the 73rd and 74th Constitutional Amendment Acts, why do the local governments remain
weak and toothless? How can technology help to re-strengthen local governance?

The 73rd and 74th Constitutional Amendment Acts of 1992 were landmark reforms aimed at decentralizing power and
empowering grassroots governance in rural and urban India
¾ However, even after 30 years, local governments face numerous challenges that hinder their effective functioning.

Reasons why Local Governments remain weak and Toothless

¾ Financial Dependence: A majority of local governments heavily rely on state grants, leading to limited financial
autonomy. In India, panchayats receive 95% of their revenues from the centre or state, while only 5% of their revenue
comes from their own resources.
¾ Bureaucratic Control: While PRIs are meant to be autonomous, state governments often exert undue control. The
administrative machinery at the state level frequently supersedes local decisions, stifling the self-governing essence of
PRIs.
™ For example: Telangana Gram Panchayat Act allows District Collector to dismiss the Sarpanch.
¾ Political Interference: Instead of focusing on local issues, local governance often becomes an extension of state politics.
™ For example: In West Bengal, Panchayat elections have seen violent clashes due to party-political rivalries,
overshadowing grassroots issues.
¾ Infrequent Elections: States like Tamil Nadu have seen delays in conducting local body elections, disrupting continuity
in governance and affecting development projects.
¾ Centralized Schemes: Centrally sponsored schemes like the Swachh Bharat Abhiyan, though effective, sometimes
overlook local nuances. This top-down approach can lead to inefficiencies and mismatches between local needs and
policy implementation.

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¾ Corruption and Mismanagement of Resources: Weak institutional oversight and lack of transparency have made
many local bodies vulnerable to corruption and diversion of funds.
™ Example: Reports by CAG have highlighted irregularities in MGNREGA implementation at the panchayat level
in states like Bihar and Uttar Pradesh.
¾ Limited Citizen Participation: While the Amendment Acts emphasize local participation, in reality, Gram Sabhas
and Ward Committees meetings are often infrequent and poorly attended.
™ For example: A Centre for the Study of Developing Societies (CSDS) study found that less than 10% of respondents
had ever attended such meetings.
¾ Inadequate Infrastructure: Despite the push for digital governance, many PRIs and ULBs lack basic digital
infrastructure.
™ For example: A report by the Ministry of Panchayati Raj highlighted that only a fraction of Panchayats in states
like Jharkhand and Assam have access to computers.

Role of Technology in Strengthening Local Governance

¾ Digital Panchayats and ULBs: Using computers and online systems in panchayat and municipal offices helps maintain
records, track funds, and improve local planning.
™ Example: eGramSwaraj lets panchayats prepare budgets, track expenses, and monitor projects online.
¾ Data-Driven Local Development: Technology helps local bodies make better decisions by using real data and maps,
leading to more targeted development.
™ Example: Under the SVAMITVA scheme, drones are used to map village land for better land records and
development planning.
¾ Capacity Building of Local Institutions: Digital tools and online training help panchayat members and local staff
learn how to run schemes and manage projects efficiently.
™ Example: Mission Antyodaya dashboard and regional language training modules help panchayats design better
rural plans.
¾ Better Service Delivery: Digital platforms combine different schemes so citizens get multiple benefits easily and
quickly from one place.
™ Example: Rural schemes like MGNREGA, PMAY-G, and Jal Jeevan Mission are connected under the Digital India
framework.
¾ Financial Accountability and Monitoring: Technology allows real-time monitoring of funds, tracks development
work, and helps prevent misuse of money.
™ Example: AuditOnline tracks panchayat finances and PFMS monitors the flow of government money to villages.
¾ Improved Transparency and Participation: Digital platforms allow people to give feedback, access information, and
be part of village planning, making governance more open.
™ Example: States like Kerala use mobile apps for public feedback on local works and services.

While the 73rd and 74th Amendments laid the foundation for decentralized governance, the lack of genuine political will,
financial empowerment, and administrative autonomy has limited their transformative potential. However, the integration
of technology offers a real opportunity to empower local bodies, ensure accountability, and bring governance closer to the
people. With the right reforms and digital tools, local self-governance can become truly effective and democratic.

9. Evaluate the role of the Governor in maintaining the federal balance between the Union and the States. How can
the impartiality of this office be ensured?

The Governor, as the constitutional head of a state, plays a pivotal role in India’s federal structure. Entrusted with both
ceremonial duties and discretionary powers, the Governor acts as a bridge between the Union and State governments.
However, the impartiality of this office has often been a subject of debate, especially concerning its influence on Centre-
State relations.

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Role of the Governor in Maintaining Federal Balance
¾ Constitutional Link between Centre and State: Appointed by the President under Article 155, the Governor serves as
the Union’s representative in the state, ensuring that the state’s governance aligns with the Constitution.
¾ Assent to Bills: Under Article 200, the Governor can grant assent, withhold assent, or reserve a bill for the President’s
consideration. This power ensures that state legislation adheres to constitutional provisions.
¾ Mediator in State-Central Relations: Acts as a bridge between the Union and the State, facilitating communication
and cooperation.
™ Example: During the implementation of the GST, Governors played a role in coordinating between the state and
central governments to ensure smooth policy adoption.
¾ Implementation of Central Policies: Ensures central laws and policies are implemented at the state level, maintaining
uniformity across states.
™ Examples: Governors oversee the application of centrally sponsored schemes like the MGNREGA and Pradhan
Mantri Kisan Samman Nidhi (PM-KISAN).
¾ Recommendation of President’s Rule: As per Article 356, if the Governor believes that the state’s constitutional
machinery has failed, they can recommend President’s Rule, thereby maintaining constitutional governance.
¾ Appointment Powers: The Governor appoints the Chief Minister and, on their advice, other ministers. In cases of a
hung assembly, the Governor’s discretion becomes crucial in maintaining political stability.
¾ State’s Representative at the Centre: Represents state interests at the central level, advocating for state-specific needs
and concerns.
™ Example: Governors lobby for central assistance during natural disasters, as seen in Kerala during the 2018 floods,
when the Governor actively sought central relief and support

Concerns Associated with the Role of Governor

¾ Political Bias: The appointment of Governors often reflects political affiliations, leading to accusations of partiality and
undermining state autonomy.
™ Example: Frequent conflicts in West Bengal, where the Governor was seen as acting in favour of the central
government against the state government led by a different party.
¾ Misuse of Discretionary Powers: Instances where Governors have delayed or withheld assent to bills, or recommended
President’s Rule in controversial circumstances, have raised questions about their neutrality.
™ Example: Tamil Nadu NEET Bill, 2021 was reserved for presidential assent, causing significant delays and political
friction.
¾ Frequent Interventions: Excessive interference in state matters by Governors can disrupt the autonomous functioning
of state governments, challenging federalism.
™ Example: The Karnataka political crisis in 2019 saw the Governor intervening in the assembly proceedings, which
was perceived as overreach.
¾ Interference in Administrative Matters: Overstepping ceremonial roles and interfering in day-to-day governance can
strain Centre-State relations and undermine the federal balance.
™ Example: In Puducherry, the constant tussle between the Lieutenant Governor and the Chief Minister over
administrative control has been a persistent issue.
¾ Arbitrary Imposition of President’s Rule: Recommending President’s Rule under Article 356 has been criticized for
being used arbitrarily to destabilize state governments.
™ Example: President’s Rule in Uttarakhand in 2016 was widely viewed as a politically motivated act, leading to a
judicial review by the Supreme Court

Ensuring Impartiality of the Governor’s Office

¾ Transparent Appointment Process: Implementing a consultative mechanism involving the Prime Minister, Home
Minister, Speaker of the Lok Sabha, and the Chief Minister of the concerned state can ensure non-partisan appointments.

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¾ Fixed Tenure and Removal Procedure: Establishing a fixed tenure for Governors and defining clear grounds for
removal can protect the office from arbitrary dismissals and political pressures.
™ Example: Guaranteeing a minimum five-year tenure for Governors can enhance continuity and reduce politically
motivated dismissals.
¾ Strengthening Inter-State Council (Article 263): Use it to resolve disputes between states and the center involving
Governors, promoting cooperative federalism.
™ Example: The Punchhi Commission’s recommendations underscored enhancing the role of the Inter-State
Council to foster better state-central relations.
¾ Limiting Discretionary Powers: Clearly defining and limiting the discretionary powers of the Governor can prevent
misuse and ensure decisions are made based on constitutional principles.
™ Example: Legal experts advocate for legislative clarity around Articles 163 and 164 to define the discretionary
powers of Governors explicitly.
¾ Judicial Oversight: Allowing for judicial review of the Governor’s actions can act as a check against potential misuse
of power and uphold the rule of law.

The Governor’s role is integral to maintaining the delicate balance of power in India’s federal structure. While the office holds
the potential to act as a neutral arbiter between the Centre and the States, ensuring its impartiality requires systemic reforms.
By adopting transparent appointment processes, limiting discretionary powers, and enforcing accountability measures, the
Governor’s office can truly function as a guardian of the Constitution and a facilitator of cooperative federalism.

10. Discuss the powers and duties assigned to the Comptroller and Auditor General (CAG) of India. Highlight the
constitutional provisions that secure its independence.

The Comptroller and Auditor General of India (CAG) is an independent constitutional body (Articles 148 to 151) that
audits and reports on the use of public funds by the government of India and its agencies. The CAG is the guardian of
the public purse and ensures that public funds are used effectively and efficiently, and that public accounts are properly
maintained.

Powers and Duties of the CAG

The duties and powers of the CAG are primarily derived from Articles 149 to 151 of the Constitution and are further
detailed in the Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971.
¾ Audit of Government Accounts:
™ Audits all expenditures from the Consolidated Fund of India and of each State and Union Territory having a
Legislative Assembly.
™ Audits transactions related to the Contingency Funds and Public Accounts of the Union and States.
¾ Audit of Receipts:
™ Examines all receipts of the Government of India and each State to ensure accuracy and compliance with laws.
¾ Audit of Government Companies and Corporations:
™ Audit accounts of government companies as per the Companies Act, 2013.
™ Audits corporations established by or under laws made by Parliament, as per the provisions of the respective
legislation.
¾ Audit of Autonomous Bodies and Authorities:
™ Audits accounts of authorities and bodies substantially financed from the Consolidated Fund of India or any State.
¾ Performance and Efficiency Audits:
™ Conducts performance audits to assess the economy, efficiency, and effectiveness of government programs and
schemes.

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¾ Advisory Role:
™ Advises the President on the form in which accounts of the Union and the States shall be kept (Article 150).
¾ Submission of Audit Reports:
™ Submits audit reports relating to the accounts of the Union to the President, who places them before both Houses
of Parliament.
™ Submits audit reports relating to the accounts of a State to the Governor, who places them before the State
Legislature (Article 151).

Constitutional Provisions Ensuring Independence of the CAG

¾ Appointment and Tenure:
™ Appointed by the President of India by warrant under his hand and seal (Article 148).
™ Holds office for a term of six years or until attaining the age of 65 years, whichever is earlier.
¾ Removal Process:
™ Can only be removed from office in the same manner and on the same grounds as a judge of the Supreme Court,
i.e., by the President on the basis of a resolution passed by both Houses of Parliament with a special majority on
grounds of proven misbehaviour or incapacity.
¾ Salary and Service Conditions:
™ Salary and other service conditions are determined by Parliament and cannot be varied to the disadvantage of the
CAG after appointment.
™ Salary is equal to that of a judge of the Supreme Court.
¾ Prohibition on Post-Retirement Employment:
™ Not eligible for further office under the Government of India or the government of any State after ceasing to hold
office.
¾ Expenses Charged on Consolidated Fund:
™ Administrative expenses of the CAG, including salaries, allowances, and pensions, are charged upon the
Consolidated Fund of India, ensuring financial independence.

Thus, the CAG is a constitutional authority ensuring transparency in the use of public funds. CAG upholds the Constitution
of India and laws of Parliament in the field of financial administration and is one of the bulwarks of the democratic system
of government in India.
¾ NOTE: Shri K. Sanjay Murthy was sworn in as the Comptroller and Auditor General of India on 21st November 2024
by the Hon’ble President of India.
¾
11. Discuss India as a secular state and compare it with the secular principles of the US Constitution.

Secularism in a constitutional democracy refers to the principle of maintaining a clear separation between religion and the
state. India and the United States, while both democracies, adopt distinct models of secularism rooted in their respective
historical and societal contexts. India follows a model of “principled equidistance”, while the US adheres to “strict separation
of church and state.”

Here is the information presented in a clear table format comparing Indian and US secularism:

Feature Indian Secularism US Secularism

Approach to Positive Secularism / Principled Distance: The Strict Separation (Wall of Separation): Emphasizes
Religion state maintains a neutral stance but can engage complete division between church and state with
with all religions to ensure equality and reform. minimal state involvement in religion.
State Permissible and Necessary: State can intervene Restricted: State avoids involvement unless needed
Intervention in religious practices to ensure social reform and to protect public order or individual rights.
uphold rights.

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Recognition of Equal Respect: All religions are treated equally. Neutrality: Government cannot favor or fund any
Religions The state can even provide aid to institutions of all religion; maintains equal distance.
communities.
Personal Laws Recognized: Religious personal laws govern civil Not Recognized: A uniform civil law governs all
matters like marriage, divorce, and inheritance for citizens regardless of religion.
various communities.
Public Display Allowed: Religious symbols are commonly seen Restricted: Public institutions generally avoid
of Symbols in government offices and public institutions. religious displays to uphold state neutrality.
Education Permitted in Private/Minority Institutions: Prohibited in Public Schools: No religious
Religious teachings allowed under certain instruction or prayers allowed to maintain secular
conditions; state support to minority institutions public education.
is possible.
Constitutional Explicit Mention: The word “Secular” added to Implicit Principle: The Constitution does not
Mention the Preamble through the 42nd Amendment, mention “secular” directly but derives it from the
1976. Establishment and Free Exercise Clauses of the
1st Amendment.

Suggestive measures to maintain secularism

¾ Maintain Balance Between Faith and Constitutional Morality
™ India must continue ensuring religious freedom while upholding constitutional values like gender justice and
equality.
9 Example: The Supreme Court’s Sabarimala verdict emphasized equality over religious custom.
¾ Strengthen Uniform Civil Code Debates with Dialogue
™ Unlike the US’s uniform legal code, India must build consensus with communities while moving toward uniformity.
9 Example: Law Commission consultations on UCC aim to balance rights with religious sensitivities.
¾ Prevent Political Misuse of Religion
™ Both nations must guard against politicization of religion that threatens the secular fabric.
9 Example: Election Commission warnings in India over religious appeals in campaigns echo similar
restrictions in US law.

India’s secularism, rooted in pluralism and active engagement with religious communities, contrasts with the US model of
strict separation. Both uphold the right to freedom of religion, but their application reflects distinct historical and societal
realities. As democracies evolve, nurturing secularism while ensuring social justice and communal harmony remains vital
to preserving their constitutional ethos.

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