% • .

' •

INDIAN
Dr. B. L. FADIAINDIAN
GOVERNMENT
and
POLITICS
Thoroughly Revised Sixth Edition
Special Features of the Book
• The book critically examines the dynamics of federalism and centre-state relations with special
reference to the recommendations of the Sarkaria Commission Report.
• The book gives due care to the recommendations of the National Commission to review the
working of the Constitution.
• The book gives due emphasis to the philosophy of the constitution and includes topics like—
Doctrine of basic structure; Secularism; Directive Principles of State Policy; Right to Property—
from fundamental to legal right.
• The book incorporates all the amendments upto and including the Constitution (Ninety-two
Amendment) Act, 2003.
• The topics on the President; Prime Minister; Governor; Judicial review, Judicial
Activism in India and the Chief Minister are discussed with special reference to the relevant
cases.
• Some of the core chapters of the book are—Minority Politics in India; Electoral Reforms in India;
Problem of Violence in India, Crime and Politics : The Nexus; Defection Politics in India;
Coalition Politics in India, Fourteenth Lok Sabha Elections (2004) and Emerging Political Trends and
the case !.-,:< ••-; ^ ■}■

., n-y ti'^N SO

IINDIAN
GOVERNMENT
AND POLITICS
Dr. B.L. Fadia
Head
Department of Political Science Jai Narain Vyas University, JODHPUR

2006
SAHITYA BHAWAN PIIRI IPATIOMQ ■ AfiRA, INDIAN POLITY

,SBN.81-72B8-062-6
PREFAC
-j t is with grea *■ being placed and, also, enlarg the book has sir and teachers of to make it more and also
for tt India or State
India is a pi
and change. I*
conservative tr<
of the term li
has a well e:
although to t
affected by n
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political syste
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proper histor
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During form and Besides,

AGRA PREFACE
T t is with great pleasure that the sixth edition of 'Indian Government and Politics' is being placed in the
hands of the readers. The book has been revised, updated and, also, enlarged. It is a matter of satisfaction
to the author that the fifth edition of the book has since long been exhausted thus testifying to its usefulness
to the students and teachers of Political Science. While preparing this edition efforts have been made to
make it more analytical, meaningful and uptodate, both for the teachers and students and also for those who
intend to appear in various competitive examinations at All India or State levels.
India is a particularly significant laboratory of political, economic and social development and change. It is a
static society in progress, with a political system grounded in conservative traditions but nevertheless in a
process of change. In the strictest sense of the term India has perhaps not yet evolved a real political
system at all; but it has a well established framework of government and law which is a working reality,
although to be sure it sometimes operates in peculiar ways and is often strangely affected by non-political
forces and development.
The revised volume presents a fairly comprehensive view of the evolving Indian political system at a critical
period, of its development. The volume seeks to analyse and probe the diverse aspects and problems of
contemporary Indian politics in their proper historical setting. It discusses the constitution making process,
philosophy of the Constitution, Nature of the Indian State, Social structure and Democratic process. It
evaluates the amendments to the Constitution uptodate and puts its focus on institutional structures and
processes of the governmental system and analyses their working. The book surveys centre-state relations
and critically examines the recommendations of the Sarkaria Commission on Centre-State relations. The
book discusses the nature of the party system, regional political parties and investigates the problem of
electoral reform and makes concrete suggestions.
During the years that this work has grown from its earliest beginnings to its present form and content, I have
greatly profitted from my discussion with several scholars.
and works are(ii)
mentioned in the foot notes at the appropriate places and also included in the bibliography. To all of them I
am grateful. I am also grateful to Mr. K. L. Bansal of Sahitya Bhawan Publications for his sincere and serious
efforts in publishing the sixth revised edition of this book within a short period of time.
Needless to add, the views expressed in this work are my own and I am alone responsible for all the defects
and shortcomings.

CC
Author

CONTENTS
I. Overview of the Indian Political System
1.
2.
3.
4.
5.
6.
7.
The in India
Historical Context: Nature of the British Colonial Rule
The Movement
Sstorical Context: Character of the Indian National
India on the Eve of Independence
Approaches to the Study of Indian Politics
The Constituent Assembly of India : Its Perceptions of the Future Indian Polity
' ;:
Salient Features of the Indian Constitution
8.
9.
10.
The Preamble : Philosophy of the Constitution Secularism : The Soul of the Constitution
Fundamental Rights : Charter of Political and Civil
The Liberties
11.
The Directive Principles of State Policy : Manifesto of Aims and Objectives
The Fundamental Rights and Directive Principles of State Policy : Possibility of Conflict
20
58 65 72
87
97
105
115
132 14112.
13.
14.
15.
16.
17.
18.
The Fundamental Duties
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Right to Property : From Fundamental to Legal Right The Ideology of the Constitution
The Indian Constitution : Doctrine of Basic Structure Politics of Constitutional
Amendments in India Nature of the Indian State
India : Social Structure and Democratic Process II. Constitutional Provisions and
Institutional Functioning
The Indian Federal System : Nature and Determinants Centre-State Legislative
Relations : An Overview Centre-State Administrative Relations : An Overview Centre-
State Financial Relations : An Overview Politics of Planning vis-a-vis State Autonomy
Politics of President's Rule in the States
The Party System and Political Dynamics of Indian Federalism
Over-Centralisation : A Plea for State Autonomy
Centre-State Relations : Areas of Conflict
The Indian Parliament
148 152 158 162 168 189 201
213 232 240 244 256 270 294
306 320 33029.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
Working of Parliament
Office of the President : Election Method and Politics of Selection
Powers and Position of the President
The Indian Prime Minister : Office and Powers
The Union Council of Ministers
The Supreme Court of India : Organisation and Powers
Judicial Review in India
Judicial Activism in India
State Politics in India : A Framework
Evolution of States in India
The Office of the Governor: Mode of Selection
The Role of Governor in State Politics
The Chief Minister & The Council of Ministers in State Politics
The State Legislature
The State High Courts
Panchayati Raj System in India
Nature and Role of the Administration
361 372
385 399 419 426 438
452 469 486 498 524
538 552 561 57646.
47.
48.
49.
50.
51.
52.
53.
54.
55. 56.
57. 58. 59. 60. 61.
(iv) III. Party System and Elections
Nature of the Party System in India 589
The Party System in India : National Parties .600
The Party System in India : Role of Regional and State 621 Parties
Pressure Groups in Indian Politics 642
The Election Commission : Organisation, Functions and 671 Role
Electoral Reforms in India 686
Elections and the Process of Politicisation 708
Lok Sabha Elections 1999 : Emerging Political Trends 714
Lok Sabha Elections 2004 : Emerging Political Trends 735 IV. Development
Process
Strategy of Development in India 756
India : Problems of Underdevelopment: Poverty, Illiteracy 768 & Environmental
Degradation and Regional Imbalances
Defection Politics in India 791
Coalition Politics in India 815
Coalition Politics in the Indian States 829
Crime and Politics : The Nexus 855
Politics of Minorities in India 864. (v)
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
Communalism in Indian Politics
The Caste and Indian Politics
Language Politics in India
Regionalism in Indian Politics
Problem of Violence in India
India : Struggle for Gender Justice
Women's Political Participation in India : An Agenda for Empowerment
Dalit Movements : Emerging Role of Dalits in Indian Politics
The Case for Presidential System
Reviewing the Indian Constitution : Recommendations of the National Commission to
Review the Working of the Constitution Select Bibliography
876
890
907
920
935 942 945
953
965 979
995SIBChapter 7
THE HISTORICAL CONTEXT
NATURE OF THE BRITISH COLONIAL RULE IN
INDIA
Almost from the very beginnings of recorded history, India had to face a ong succession
of foreign invasions. While there were occasional plundering raids with the raiders
carrying away with them the fruits of plunder, by and large all these groups of foreigners
—whether of displaced persons, immigrants or invaders—who entered India before the
Europeans, settled down in this country for good. They did not make her an "economic
appendage of another country". India became their home and they themselves became
part of her life.
It was in the 17th Century that the Europeans for the first time began taking interest in
India on any large scale. The most important early entrants were the Portuguese, the
Dutch, the French and the British. None of them came to India to settle here. They were
all attracted by the stories of India's fabulous wealth and affluence and by the excellence
of her manufactured goods which had a big market in Europe. According to the French
traveller Bernier, India of those days was such a deep sink in which gold and silver from
all over the world came and get accumulated but from which there was no outlet.
According to R. Palme Dutt, three main periods stand out in the history of imperialist rule
in India. The first is the period of early capitalism, represented by the East India
Company and extending in the general character of its system to the end of the
Eighteenth Century. The second is the period of Industrial Capital (capitalist machine
industry) which established a new basis of exploitation of India in the 19th Century. The
third in the modern period of Finance-capital, developing its distinctive system of the
exploitation of India on the remains of the old, and growing up from its first beginnings
in the closing years of the 19th Century to its fuller development in the 20th Century.1
THE BRITISH CONQUEST OF INDIA
The British also first came to India as a trading company like other Europeans. The
company which later came to be known as the East India Company was incorporated in
London on December 31, 1600 under a charter of Queen Elizabeth. By 1690 the British
had gained a number of footholds and their business had prospered. So as to be constantly
widening their areas of trade and obtaining from the Indian rulers greater concessions, the
officers of the Company soon spread a wide net of corruption and intrigues throughout
India. They succeeded in enticing to their side the ministers, courtiers and employees of
Mughal Darbar through bribery and various other allurements. The situation deteriorated
further after the death of the Mughal Emperor A,,^n^^nV, in 17ri7 TVio TT.mrviro hocrari t.r> rlisintfiorate
and the central authorityINDIAN GOVERNMENT AND POLITICS
weakened. Provincial satraps raised their heads. The East India Company very shrewdly
exploited the internal disunity and discord among the princes of India for their own
nefarious ends. By playing one prince against the other and lending the support of its
armies sometimes to one and sometimes to the other, the company increased its power
and influence in the Indian sub-continent.
East India Company's military operations in Bengal supplemented by Clive's policy of
tricks, bribery and chicanery culminated in the victory at the Battle of Plassey in 1757.
Nawab Siraj-ud-Daula suffered a disastrous defeat mainly to his own commander-in-
chief, Mir Jafar having turned a traitor. The Company installed Mir Jafar as the new
Nawab who in turn granted to the Company the zamindari of 24 Parganas. In 1760, the
Company replaced Mir Jafar to Mir Kasim and in the process rewarded him with three
more districts of Chittagong, Burdwan and Midnapore. The Company which could now
change the Nawab at will, became the de-facto sovereign power in Bengal and in a sense
the foundation of the British Empire in India could be said to have been laid at Plassey in
1757. '?A.U I>*>L>"O m k; ;;;jfT
In 1759, Shah Alam occupied the throne of Delhi. In 1764, at the Battle of Buxar, the
Company secured a prestigious victory over the Nawabs of Oudh and Bengal as well as
over the Mughal Emperor Shah Alam in whose name the Nawabs claimed to be fightings.
As a result, all the real powers of the Nawab of Bengal were ended and he was reduced to
a titular position. The whole of Bengal passed into the Company's hands. The Mughal
Emperor Shah Alam was compelled to grant to the Company for rupees 26 lakhs per year
the Diwani (Civil Government), i.e. the right to control the collection and administration
of revenues of Bengal, Bihar and Orissa and the right of administering Civil Justice in
those areas. The Company was also to control the maintenance or disbanding of military
forces. The Nawabs were left with responsibilities of maintenance of law and order and
criminal justice. The divorce between power and responsibility was thus complete. The
double government of the Company and the Nawabs continued throughout the period
1765-72. During this period the country was subjected to the exploitation of its people. In
the words of a Member of the British Parliament, Sir George Cornewall Lewis, "No
civilized government ever existed on the face of this earth which was more corrupt, more
perfidious and more rapacious than the government of the East India Company from
1765-72." The servants of the Company whose salaries were low, soon became owners of
enoromous riches through private trade and corruption. According to Edmund Burke, the
private trade of the servants of the Company was more like robbery than trade. The loot
and plunder perpetrated by the servants of the Company in India enabled them at home to
fight elections to the British House of Commons and Corrupt public life in that country.
u;
The system of double government in Bengal set up after the grant of Diwani ended in
1772 when with the arrival of the new Governor of Bengal, Warren Hastings, the
Company threw away the mask and took over direct responsibility for the administration
of the territories of Bengal, Bihar and Orissa. Almost simultaneously in 1772, the
Company became almost insolvent and was obliged to ask for loans from the British
Government. To interfere in the internal affairs of the Company, for the Government this
was a golden opportunity. Taking advantage of the situation, the Government decided to
bring the company under Parliamentary control. The result was the Regulating Act of
1773 which was followed by the Act of Judicature of 1781, the Pitt's India Act of 1784
and the various Charter Acts from 1793 to 1853.THE HISTORICAL CONTEXT .... RULE IN INDIA
Within a century of Clive's victory at Plassey, practically the whole of India had come
under the control of the East India Company. Almost all the princely states were either
annexed or forced into humiliating treaty alliances under which the British were accepted
as the paramount or suzerain power in the whole of India. It would, however, be wrong to
imagine that the British on their own conquered India. Man to man, a British soldier was
no match to an Indian soldier. Sunderlal citing colonel Malleson, says : "....of the
numberless battles-fought between the British and the Indians from 1757 to 1857, there
was not even one in which the British army was on one side and the Indian army on the
other and in which the British had won a victory. There were many battles of this type,
but in all such battles the British invariably suffered a defeat. Whenever the British won a
battle, it was always a battle in which a section of the Indian army went over to the side
of the British and fought against their own countrymen. It is an incontrovertible though
shameful fact, that the British did not conquer India with their sword but that Indians
themselves conquered their country with their own sword and handed it over to the
British."
The conquest of Bengal by the English is unprecedented in the history of the world.
Those who directed the conquest were mere merchants of a trading corporation who had
no experience of wars and warlike operations. Many of their commanders were men from
the clerical establishment who either volunteered or were pitchforked into soldiering. The
people whom they conquered were neither like the primitive savages of Africa and
Australia, nor like the semi-civilized Red-Indians of America. The conquest was peculiar
in another sense. It was achieved wholly at the expense of the conquered, for the
Company did not contribute a penny towards the expense of war and conquest. It was
remarkable also because the instruments of the conquest were largely supplied by the
conquered. In the Deccan War (1744-54) the Madras army consisted of 300 English
soldiers and three to four thousand Indians—Christians, Muslims and Hindus, Clive
commanded at Plassey a force of 950 English infantry and 150 artillery and 2100 Indian
Sepoys, partly Telingas and partly North Indians—Pathans, Jats, Rajputs and Brahmanas.
COLONIALISM
Colonialism is a policy which aims at creating, organizing and maintaining an empire.
According to Charles A. Beard, "Colonialism is .... employment of the engines of
government and diplomacy to acquire territories, protectorates, and I or spheres of
influence occupied usually by other races or peoples and to promote industrial, trade and
investment opportunities."3 Morgenthau defines colonialism altogether in terms of the
expansion of a state's power beyond its borders.4 According to Charles Hodges,
"Colonialism is a projection externally, directly or indirectly, of the alien political,
economic or cultural power of one
nation into the internal life of another people.....It involves the imposition of
control—open or covert, direct or indirect of one people by another." According to J. A.
Hobson, "Colonialism, in its best-sense,, is a natural overflow of nationality; its test is the
power of colonists to transplant the civilization. They represent to the new natural and
social environment in which they find themselves."5 The main characteristics of the
colonial rule are : exploitation, undemocratic government and bureaucratic system.
The British conquest of India was different in character from all the previous conquests
of the country. In the past the change of rulers implied merely a change of the dynasty
that exercised political authority over the ----«i« v.,,1- it t\\(\ not affect the social fabric,
the productive organization, theINDIAN GOVERNMENT AND POLITICS
property relations or the system of administration. Under British rule all this was altered,
and a socio-economic revolution was started which culminated in the destruction of the
old institutions and in the emergence of new social classes and forces.
ECONOMIC CONSEQUENCES OF BRITISH RULE
In the initial stages of their conquest of India, the English plundered the country's wealth
and resources by : (i) exactions from Indian rulers, Zamindars, merchants and the
common people; (ii) opression and exploitation of Indian artisans, indigo cultivators and
merchants; and (iii) taking over of the surplus revenue.
When British rule was securely established and more settled conditions came to prevail,
the earlier ways of'open and unashamed plunder' gave way to characteristic imperialist
system of Colonial exploitation. Under this system the principal instruments of
exploitation were : (1) unequal trade; (2) profitable export of British Capital and
enterprise to India; (3) employment of British nationals in the colonial administration; (4)
drain of Indian resources in the form of excess merchandise exports; (5) manipulation of
exchange rates to the advantage of Britain and the disadvantage of India; (6) preferential
tariffs to Britain, and (7) exploitation of Indian resources for purposes of conquest and
war.
THE PLUNDER OF BENGAL HELPS THE INDUSTRIAL REVOLUTION IN ENGLAND
The East India Company had received permission from the Mughal Emperor to start a
factory at Surat early in the seventeenth century. After few years they purchased a patch
of land in the South and founded Madras. In 1662 the island of Bombay was presented to
Charles II of England by way of dowry from Portugal, and he transferred it to the
Company. In 1690 the city of Calcutta was founded. Thus by the end of the seventeenth
century the British had gained a number of footholds in India and established some
bridge-heads on the Indian coastline. They spread inland slowly. The battle of Plassey in
1757 for the first time brought a vast area under their control, and within a few years
Bengal, Bihar, Orissa, and the east-coast were subject to them. The next big step forward
was taken about 40 years later, at the beginning of the nineteenth century. This brought
them to the gates of Delhi. The third major advance took place after the last defeat of the
Marathas in 1818; the fourth in 1849, after the Sikh wars, completed the picture.
Thus the British have been in the city of Madras a little over 300 years; they have ruled
Bengal, Bihar, etc., for 187 years; they extended their domination over the south 145
years ago; they established themselves in the United Provinces, central and western India
about 125 years ago and ninety-five years ago they spread to the Punjab. Leaving out the
city of Madras as too small an area, there is a difference of nearly 100 years between their
occupation of Bengal and that of the Punjab. During this period British policy and
administrative methods changed repeatedly. These changes were dictated by new
developments in England as well as the consolidation of British rule in India. The
treatment of each newly acquired area varied according to these changes, and depended
also on the character of the ruling group which have been defeated by the British. Thus in
Bengal, where the victory had been very easy, the Muslim landed gentry were looked
upon as the ruling classes and a policy was pursued to break their power. In the Punjab,
on the other hand, power was seized from the Sikhs and there was no initial antagonism
between the BritishTHE HISTORICAL CONTEXT.... RULE IN INDIA
and the Moslems. In the greater part of India the Marathas had been opponents of the
British.
A significant fact which stands out is that those parts of India which have been longest
under British rule are the poorest to-day. A few large cities and some new industrial areas
do not make any essential difference to this survey. What is noteworthy is the condition
of the masses as a whole, and there can be no doubt that the poorest parts of India are
Bengal, Bihar, Orissa, and parts of the Madras presidency.
Bengal had the first full experience of British rule in India. That rule began with outright
plunder, and a land revenue system which extracted the uttermost farthing not only from
the living but also from the dead cultivators. The English historians of India, Edward
Thompson and G.T. Garrett, tell us that "a gold-lust unequalled since the hysteria that
took hold of the Spaniards of Cortes' and Pizarro's age filled the English mind. Bengal in
particular was not to know peace again until she has been bled white." "For the
monstrous financial immorality of the English conduct in India for many a year after this,
Clive was largely responsible," Clive, the great empire-builder, whose statue faces the
India Office in London to-day. It was pure loot. The 'Pagoda tree' was shaken again and
again till the most terrible famines ravaged Bengal. This process was called trade later on
but that made little difference. Government was this so-called trade, and trade was
plunder. There are few instances in history of anything like it and must be remembered
that this lasted, under various names and under different forms, not for a few years but for
generations. The outright plunder gradually took the shape of legalized exploitation
which, though not so obvious, was in reality worse. The corruption, venality, nepotism,
violence and greed of money of these early generations of British rule in India is
something which passes comprehension. It is significant that one of the Hindustani words
which has become part of the English language is 'loot'. Says Edward Thompson, and this
does not refer to Bengal only, one remembers the early history of British India which is
perhaps the world's high-water mark of graft.
The result of all this, even in its early stages, was the famine of 1770, which swept away
over a third of the population of Bengal and Bihar but it was all in the cause of progress,
and Bengal can take pride in the fact that she helped greatly in giving birth to the
industrial revolution in England. The American writer, Brooke Adams, tells us exactly
how this happened : "The influx of Indian treasure, by adding considerably to the nation's
cash capital, not only increased its stock of energy, but added much to its flexibility and
the rapidity of its movement. Very soon after Plassey, the Bengal plunder began to arrive
in London and the effect appears to have been instantaneous, for all authorities
agree that the 'industrial revolution' began with the year 1770.....Plassey was
fought in 1757, and probably nothing has ever equalled the rapidity of the change that
followed. In 1760 the flying shuttle appeared, and coal began to replace wood in
smelting. In 1764 Hargreaves invented the spinning jenny, in 1776 Crompton contrived
the mule, in 1785 Cartwright patented in power-loom
and in 1768 Watt matured the steam engine.....But though these machines
served as outlets for the accelerating movements of the time, they did not cause
the acceleration. In themselves inventions are passive.....waiting for a sufficient
store of force to have accumulated to set them working. That store must always take the
shape of money, and money not hoarded but in motion. Before the • . «-----m. T^^-n
troasuro and the expansion of credit which followed, noINDIAN GOVERNMENT AND POLITICS
investment has ever yielded the profit reaped from the Indian plunder, because for nearly
fifty years Great Britain stood without a competitor."*
THE DESTRUCTION OF INDIA'S INDUSTRY AND THE DECAY OF HER AGRICULTURE
The chief business of the East India Company in its early period, the very object for
which it was started, was to carry Indian manufactured goods, textiles, etc., as well as
spices and the like from the east to Europe, where there was a great demand for these
articles. With the developments in industrial techniques in England a new class of
industrial capitalists rose there, demanding a change in this policy. The British market
was to be closed to Indian products and the Indian market opened to British
manufactures. The British Parliament, influenced by this new class, began to take a
greater interest in India and the working of the East India Company. To begin with,
Indian goods were excluded from Britain by legislation, and as the East India Company
held a monopoly in the Indian export business, this exclusion influenced other foreign
markets also. This was followed by vigorous attempts to restrict and crush Indian
manufactures by various measures and internal duties which prevented the flow of Indian
goods within the country itself. British goods meanwhile had free entry. The Indian
textile industry collapsed, affecting vast number of weavers and artisans. The process was
rapid in Bengal and Bihar, elsewhere it spread gradually with the expansion of British
rule and the building of railways. It continued through the nineteenth century, breaking
up other old industries also, ship-building, metal working, glass, paper and many crafts.
To some extent this was inevitable as the older manufacturing came into conflict with the
new industrial technique, but it was hastened by political and economic pressure and no
attempt was made to apply the new techniques to India. Indeed every attempt was made
to prevent this happening, and thus the economic development of India was arrested and
the growth of the new industry prevented. Machinery could not be imported into India. A
vacuum was created which could only be filled by British goods, and which led to rapidly
increasing unemployment and poverty. The classic type of modern colonial economy was
built up, India becoming an agricultural colony of industrial England, supplying raw
material and providing markets for England's industrial goods.
The liquidation of the artisan class led to unemployment on a prodigious scale. What
were all these scores of millions, who had so far been engaged in industry and
manufacture, to do now? Where were they to go? Their old profession was no longer
open to them, the way to a new one was barred. They could die of course; that way of
escape from an intolerable situation is always open. They did die in tens of millions. The
English Governor-General of India, Lord Bentinck, reported in 1834 that "the misery
hardly finds a parallel in the history of commerce. The bones of the cotton weavers are
bleaching the plains of India."
But still vast numbers of them remained, and these increased from year to year as British
policy affected remoter areas of the country and created more unemployment. All these
hordes of artisans and craftsmen had no job, no work and all their ancient skill was
useless. They drifted to the land, for the land was still there but the land was fully
occupied and could not possibly absorb them profitably. So they became a burden on the
land and the burden grew, and
* Brooke Adams : 'The Law of Civilization and Decay' (1928), pp. 259-60, quoted by Kala Mitchel. 'India'(1943).
~. ....THE HISTORICAL CONTEXT.... RULE IN INDIA
with it grew the poverty of the country, and the standard of living fell to incredibly low
levels. This compulsory back to the land movement of artisans and craftsmen led to an
ever-growing disproportion between agriculture and industry; agriculture became more
and more the sole business of the people because of the lack of occupations and wealth-
producing activities.
India became progressively ruralized. In every progressive country there has been, during
the past century, a shift of population from agriculture to industry; from village to town;
in India this process was reversed, as a result of British policy. The figures are instructive
and significant. In the middle of the nineteenth century about fifty-five percent of the
population is said to have been dependent on agriculture; recently this proportion was
estimated to seventy-four percent (this is pre-war figure). Though there has been greater
industrial employment during the war, the number of those dependent on agriculture
actually went up in the census of 1941 owing to increase of population. The growth of a
few large cities (chiefly at the expense of the small town) is apt to mislead the superficial
observer and give him a false idea of Indian conditions. ■■ • jra
■■■:sm JE TJ ,V.
This then is the real, the fundamental, cause of the appalling poverty of the Indian people,
and it is of comparatively recent origin.
The crisis in industry spread rapidly to the land and became a permanent crisis in
agriculture. Holdings became smaller and smaller, and fragmentation proceeded to an
absured and fantastic degree. The burden of agricultural debt grew and ownership of the
land often passed to moneylenders. The number of landless labourers increased by the
million. India was under an industrial-capitalist regime, but her economy was largely that
of the pre-capitalists period, minus many of the wealth-producing elements of that pre-
capitalist economy. She became a passive agent of modern industrial capitalism,
suffering all its ills and with hardly any of its advantages.
The transition from a pre-industrialist economy to an economy of capitalist industrialism
involves great hardship and heavy cost in human suffering born by masses of people.
This was especially so in the early days when no efforts were made to plan such a
transition or to lessen its evil results, and everything was left to individual initiative.
There was this hardship in England during the period of transition but, taken as whole, it
was not great as the change-over was rapid and the unemployment caused was soon
absorbed by the new industries but did not mean that the cost in human suffering was not
paid. It was indeed paid, and paid in full by others, particularly by the people of India, by
famine and death and vast unemployment. It may be said that a great part of the costs of
transition to industrialism in Western Europe were paid for by India, China and the other
colonial countries, whose economy was dominated by European powers.
■.; ,
INDIA BECOMES FOR THE FIRST TIME A POLITICAL AND ECONOMICAL APPENDAGE OF
ANOTHER COUNTRY
The establishment of British rule in India was an entirely novel phenomenon for her, not
comparable with any other invasion or political or economic change. 'India had been
conquered before, but by invaders who settled within her frontiers and made themselves
part of her life' (like the Normans in England or the Manchus in China). 'She had never
lost her independence, never i—j rp!—+ •„ <.„ eQ,r alio yiai^ npvPT. hfien draWn into a political
andsubjected to a ruling class which was, and which remained, permanently alien in
origin and character.'* ,-,.. :,<; T
Every previous ruling class, whether it has originally come from outside or was
indigenous, had accepted the structural unity of India's social and economic life and tried
to fit into it. It had become Indianized and had struck roots in the soil of the country. The
new rulers were entirely different, with their base elsewhere, and between them and the
average Indian there was vast and unbridgeable gulf—a difference in tradition, in
outlook, in income, and way of living. The early Britishers in India, rather cut off from
England, adopted many Indian ways of living. But it was a superficial approach and even
this was deliberately abandoned with the improvement in communications between India
and England. It was felt that the British ruling class must maintain its prestige in India by
keeping aloof, exclusive, apart from Indians living in a superior world of its own. There
were two worlds : the world of British officials and the world of India's millions, and
there was nothing in common between them except a common dislike for each other.
Previously races had merged into one another, or at least fitted into an organically
interdependent structure. Now racialism became the acknowledged creed and this was
intensified by the fact that the dominant race had both political and economic power,
without check or hindrance.
The world market that the new capitalism was building up would have, in any event,
affected India's economic system. The self-sufficient village community, with its
traditional division of labour, could not have continued in its old form but the change that
took place was not a normal development and it disintegrated the whole economic and
structural basis of Indian society. A system which had social sanctions and controls
behind it and was a part of the people's cultural heritage was suddenly and forcibly
changed and another system, administered from outside the group was imposed. India did
not come into a world market but became a colonial and agricultural appendage of the
British structure.
The village community, which had so far been the basis of Indian economy, was
disintegrated, losing both its economic and administrative functions. The destruction of
village industries was a powerful blow to these communities. The balance between
industry and agriculture was upset, the traditional division of labour was broken up, and
numerous stray individuals could not be easily fitted into any group activity. A more
direct blow came from the introduction of the landlord system, changing the whole
conception of ownership of land. This conception had been one of communal ownership,
not so much of the land as of the produce of the land. Possibly not fully appreciating this,
but more probably taking the step deliberately for reasons of their own, the British
Governors, themselves representing the English landlord class, introduced something
resembling the English system in India. At first they appointed revenue-farmers for short
terms, that is persons who were made responsible for the collection of the revenue or land
tax and payment of it to the Government. Later these revenue-farmers developed into
landlords. The village community was deprived of all control over the land and its
produce; what had always been considered as the chief interest and concern of that
community now became the private property of the newly created landowner. This led to
the breakdown of the joint lift and corporate character of the community, and the co-
operative system of services and functions began to disappear gradually. • K.S. Shelvankar:
'The Problem of India' (Penguin Special, London, 1940).THE HISTORICAL CONTEXT.... RULE IN INDIA
The introduction of this type of property in land was not only a great economic change,
but it went deeper and struck at the whole Indian conception of a co-operative group
social structure. A new class, the owners of land, appeared; a class created by, and
therefore to a large extent identified with, the British Government. The break-up of the
old system created new problems and probably the beginnings of the new Hindu-Muslim
problem can be traced to it. The landlord system was first introduced in Bengal and Bihar
where big landowners were created under the system known as the Permanent Settle-
ment. It was later realized that this was not advantageous to the state as the land revenue
had been fixed and could not be enhanced. Fresh settlements in other parts of India were
therefore made for a period only and enhancements in revenue took place from time to
time. In some provinces a kind of peasant proprietorship was established. The extreme
rigour applied to the collection of revenue resulted, especially in Bengal, in the ruin of
the old landed gentry, and new people from the monied and business classes took their
place. Thus, Bengal became a province predominantly of Hindu landlords, while their
tenants, though both Hindu and Muslim, were chiefly the latter.
Big landowners were created by the British after their own English pattern, chiefly
because it was far easier to deal with a few individuals than with a vast peasantry. The
objective was to collect as much money in the shape of revenue, and as speedily, as
possible. If an owner failed at the stipulated time he was immediately pushed out and
another took his place. It was also considered necessary to create a class whose interests
were identified with the British.
British rule thus consolidated itself by creating new classes and vested interests which
were tied up with that rule and privileges which depended on its continuance. There were
the landowners and the princes, and there was a large number of subordinate members of
the services in various departments of government, from the patwari, the village head-
man, upwards. The two essential branches of government were the revenue system and
the police.
Then there was the Indian Army, consisting of British and Indian troops but officered
entirely by Englishmen. This was reorganized repeatedly, especially after the mutiny of
1857, and ultimately became organizationally linked up with the British Army. This was
so arranged as to balance its different elements and keep the British troops in key
positions. "Next to the grand counterpoise of a sufficient European force comes the
counterpoise of natives against natives," says the official report on reorganization in 1858.
The primary function of these forces was to serve as an army of occupation—'Internal
Security Troops' they were called, and a majority of these was British. The Frontier
Province served as a training ground for the British Army at India's expense. The Field
Army (chiefly Indian) was meant for service abroad and it took part in numerous British
imperial wars and expeditions, India always bearing the cost. Steps were taken to
segregate Indian troops from the rest of the population.
Thus India had to bear the cost of her own conquest, and then of her transfer (or sale)
from the East India Company to the British Crown, for the extension of the British
Empire to Burma and elsewhere, for expeditions to Africa, Persia, etc. and for her
defence against Indians themselves. She was not only used as a base for imperial
purposes, without any reimbursement for this, but she had further to pay for the training
of part of the British Army in10
INDIAN GOVERNMENT AND POLITICS
all manner of other expenses incurred by Britain, such as the maintenance of British
diplomatic and consular establishments in China and Persia, the entire cost of the
telegraph line from England to India, part of the expenses of the British Mediterranean
fleet, and even the receptions given to the Sultan of Turkey in London.
The building of railways in India, undoubtedly desirable and necessary, was done in an
enormously wasteful way. The Government of India guaranteed five percent interest on
all capital invested and there was no need to check or estimate what was necessary. All
purchases were made in England.
Imperialism must function in this way or else it ceases to be imperialism. The modern
type of finance-imperialism added new kinds of economic exploitation which were
unknown in earlier ages.
The drain of Wealth : The feature of India's foreign trade which had consequences of a
far reaching character for the economy of both India and England was the unrequired
surplus of exports from India. The East India Company adopted the policy of purchasing
Indian goods out of the revenue collected from Bengal and exporting them to England.
The purchases were known as 'investments'. They constituted the 'drain of wealth' from
India. According to a statement of the revenues and of Bengal during the first six years of
the Company's administration, the net revenue of the country was £ 13,066,761 and the
total expenses £ 9,027,609, leaving a net balance of £4,039,152, which was remitted in
the form of goods to England.
India's loss and England's gain : The drain of wealth from India was a contributory factor
in the industrial development of England. The available evidence leaves little doubt that
the magnificent industrial structure of England which began to rise after Plassey was
largely built up on the ruins of Indian manufactures. There was, according to the British
historians themselves, a close relation between the Industrial revolution in England and
the establishment of British rule in India.
It was the Indian loot by the East India Company and its servants in the early days of
British rule in Bengal that provided the funds which administered the necessary stimulus
to industrial production in the initial stages of the Industrial Revolution.
Commercialization of Agriculture : In the pre-British self sufficient village communities,
apart from the portion of the output that had to be surrendered or sold in payment of land
revenue, agricultural production had been largely for consumption within the village. On
the other hand, under British rule, a growing proportion of the output was sold in the
market. One consequence of this was that agriculture began to slowly change, from a way
of life to a business enterprise governed by commercial considerations. The increasing
cultivation of commercial crops (cotton, jute, oil seeds, sugar cane, tobacco, condiments
and spices) which are grown mostly for sale and not for self consumption was a
manifestation of this trend.
Emergence of a Unified National Market : In the British period, political fragmentation
had involved economic fragmentation. There was no national market with free and
unimpeded movement of goods and no tendency towards equalization of prices all over
the country. The self sufficient village community was just the opposite of national
market. The markets that existed were by and large local. Abundance of certain goods in
some part of the country and an acute scarcity of these in other parts was a common
occurrence. The limited size ofTHE HISTORICAL CONTEXT.... RULE IN INDIA
11
the local markets ruled out large-scale enterprise. Under British rule, in course of time,
the situation began to change. Fragmented and isolated local markets tended to merge
into a broad national market. The self sufficiency of the village began to erode and it was
increasingly drawn into the orbit of the national market. The gradual emergence of a
broad national market had far reaching consequences.
, ,
Transformation of Land and Labour power into Commodities : Prior to British rule, land
was not a private property which could be freely sold or purchased. The ruler, the feudal
assignee or the cultivator each had customary, and not exclusive, rights on land. The
position changed with the land settlements effected by the British. The new rulers held
that, as in contemporary England, all land should be somebody's private property. The
different settlements divided who that somebody was. The Zamindari Settlement vested
ownership rights on land in the Zamindar, the Mahalwari Settlement, in groups of owners
or the village community; the Ryotwari Settlement, in the individual ryot (cultivator).
Thus, throughout the country land became private property and hence an article of
purchase and sale, that is, a commodity.
In the British period, the typical producer, whether a cultivator or an artisan, was a self
employed person. He owned his instruments of production and had land for his use. What
he sold was the product of his labour, and not the capacity to work. However, even then,
the beginnings of a change in the status of the producer had appeared, particularly in the
field of handicraft production. In the Karkhanas (manufactories) set up by the more
prosperous artisans and presumably, also by dealers and financiers, artisans began to be
employed on wages. The 'putting-out' system under which the merchant-capitalist
advanced money and raw materials to the artisan and, in return, received the articles
produced to his order, eroded the independent status of handicraft producers. This process
was carried to a logical conclusion in the British period.
A numerous class of wage worker appeared, they did not own the means of production
(land, tools, work places, etc.) except that a small fraction of them owned tiny pieces of
land. They earned their living by selling their labour power or capacity to work and not
the products of their labour. The labour power of these wage workers was purchased by
capitalist to work the means of production, owned and controlled by them so as to earn a
surplus for themselves. In other words, labour power became an article of sale and
purchase in the market, that is, it became a commodity.
The transformation of land and labour power into commodities immensely widened the
scope of the market. Besides, the emergence of labour power as a commodity brought a
new mode of production to the country, namely, the capitalist mode of production; here
typically the production is carried on by those who command the means of production by
employing hired labour, for sale in the market. The evolution of the Indian economy thus
entered a new historical stage.
Colonial Economy : The colonial character of the economy expressed itself, firstly, in an
unequal pattern of trade with Britain and other industrialized countries. The country had
become a vast source of raw materials and a market for manufactures. The second
manifestation of the colonial character of the economy was that foreign (mostly British)
capital had entrenched itself in
" ■■■ -i--------------*■— ~c i-T-------------™,» ■U7~~1,q Wo,. TT Vio/1 12
INDIAN GOVERNMENT AND POLITICS
the Indian economy had by no means freed itself from exploitation and the influence of
foreign capital.
Backward Economy : At the end of the British rule, India had a very backward,
predominantly agrarian economy. Agriculture engaged about 70 percent of the labour
force and generated 59 percent of the national income. Very probably the initial impact of
British rule was to increase the percentage of the labour force attached to agriculture, as
the ruined artisans were obliged to seek their livelihood by this activity. The resulting
distribution of the labour force was never significantly altered throughout the British
period. Agriculture continued to absorb 68 to 70 percent of the labour force whereas in
many industrialized countries this percentage had fallen to below 70 percent. The non-
agricultural sector was not only small but also had a very unbalanced structure. The
predominant activity in this sector was services (trade, transport, administrative, defence,
etc.) and not industry. Within industry, the vast majority were engaged in household and
small industries and not in modern large-scale industries. While Western Europe, North
America and Japan went through an industrial revolution, India remained a predominatly
agricultural country, a sort of agrarian appendage to the industrialized world, particularly
Britain.
The backward state of the economy showed itself, firstly, in the very low per capita
income. It was no more than Rs. 466.8 in 1948-49 at 1970-71 prices. Moreover, income
was very unequally distributed. Because of these, the vast majority of the people lived in
extreme poverty. Inadequate and unbalanced diet, primitive housing and often none at all,
scanty clothing, bare feet, back-breaking toil, ill health, illiteracy, complete lack of social
security and cultural amenities, wide spread unemployment, class and class oppression,
heavy burden of land revenue, rent and debt and an unsympathetic and exploitative
administration made their life bleak and miserable. Secondly, poverty and backwardness
manifested themselves in mass illiteracy and high birth and death rates, in 1941, at the
time of the last population census during the British period, literates were only 17 percent
of the total population, excluding children below 10 years. Thirdly, the backwardness of
the economy was reflected in a low level of urbanization. In 1941, the Urban areas had
only 14.2 percent of the total population.
Stagnant Economy : Backwardness can be overcome by accelerated economic
development. But under British rule, the economy was unable to move except at a snail's
pace. M. Mukerjee's estimates of per capita income at constant prices for the period 1857
to 1956 suggest that under British rule, after the administration of India was taken over
by the British Crown, the country did experience growth, but the average annual rate of
increase in per capita income was no higher than 0.5 percent. The accelerated growth of
population during the closing decades of the period made difficult to maintain even this
rate of growth.
Thus the Indian economy experienced far "reaching changes during the British period
which transformed it into a colonial, semi-feudal, lop-sided, stagnant i*ud backward
economy.
SOCIAL CONSEQUENCES OF BRITISH RULE
The following were the social and religious consequences of the British rule in India :
1. The Emergence of the Indian Middle Class : The land laws introduced by the British
were responsible for the disruption of the old agrarian structureTHE HISTORICAL CONTEXT ....
RULE IN INDIA
13
and the creation of a new social order. The new rent receiving landlords, moneylenders
and businessmen came to form the nucleas of the new middle class that emerged in the
country in the 19th Century. They together with the traditional castes whose occupation
was study and teaching or government service, were the first to avail themselves of the
benefits of English education. It was to the educated of this heterogeneous group that the
lawyer, the teacher, the civil servant, the merchant and the industrialist of the 19th
Century belonged. They constituted the country's intelligentsia which formed the link
between the East and the West and provided political leadership to the Indians. Their
aspirations and desires became the aspirations and desires of India.
The Indian middle class historically had, therefore, a different origin from that of its
counterpart in the West. There the middle class was mainly composed of merchants and
industrialists together with the intellectuals and the people belonging to the learned
professions: these classes did not depend upon agriculture for their livelihood but some of
them might purchase estates for the sake of prestige and profit. The middle class in India,
on the other hand, had its roots in the agrarian system of the country and it largely lived
on the fruits of agricultural industry, so far as the exploitation of the peasantry was
concerned, the new class gave support to the ruling power and was content to serve as its
subordinate agency.
The earlier years of the British rule—the period upto the middle of the 19th Century—
were marked by a spirit of co-operation between the British rulers and the neo-rich-
landlords, traders and moneylenders. But this co-operation could not last long. The
natural instinct of this class was to seek openings in commerce, industry and the civil
service, but here it found itself faced with stiff opposition from the middle classes of
Britain that constituted, the main power behind British rule in India. The national
movement in India was an expression of the conflict between the middle classes of the
two countries, one aspiring for wealth and influence, the other already in possession of
them. "This class was neither respected by the rulers, nor loved by the rural masses for
whose welfare and improvement it did nothing, yet this class supplied the force which
cracked the cake of custom. It provided the corps of the intelligentsia who became the
spearhead of the movement for India's emancipation."
Disintegration of Village Communities : The land revenue systems established by the
British in India and the assumption of all judicial and administrative functions by
government officials destroyed the powers of the old intermediaries—Zamindars and
farmers and of the village Panchayats. This led to the break up of that ancient social
framework within which the agricultural population had lived for centuries. Later
administrators looked upon this result with disfavour and a strong plea for the
preservation of village communities in northern India was made by Sir Charles Metcalfe
in his famous minute. He wrote, "The village communities are little Republics having
nearly everything that they want within themselves, and almost independent of any
foreign relations....they seem to last where nothing else lasts." He added : "the union of
the village communities each one forming a separate little state in itself, I conceive,
contributed more than any other to the preservation of the people of India through all
revolutions and changes which they have suffered and it is in a high degree conducive to
their happiness and to the enjoyment of a great portion of freedom and independence. I
wish therefore, that the village constitutions may never be disturbed and I dread
everything that has a14
INDIAN GOVERNMENT AND POLITICS
An attempt was made to translate this into action by Robert Bird in his settlement
operations in northern India. But the Mahalwari settlement, in this part of the country,
failed to check the process of destruction of the village communities, for although the
assessment was fixed on the village as a whole, individual rights in the land were
recognized and guaranteed by the state. The growing pressure of population on
agriculture made land valuable property and its price steadily increased. The opening of
the market for agricultural produce and the growth of cash crops by the farmer also
produced similar effects. These developments imposed a heavy strain on the rural
organization and the 'Village Republics' which, to Metcalfe, had appeared "to last where
nothing else lasts," faded out of existence in the Mahalwari areas of north in the same
way as they had done under the Zamindari system in Bengal and the ryotwari system in
the south.
•-■. With the disintegration of the old village organization, the social bonds that had held
different elements of the rural society together were snapped. The joint family system and
the Panchayats received shattering blows. Cooperation was replaced by competition.
Prices, rents and wages, all came to be determined by contract between the buyers and
the sellers. The collective life of the village gave way to individualism.8
Destruction of Traditional Educational System : The educational system in ancient India
was highly beneficial and it attracted the praise of even foreign scholars like Hieun Tsang
and Al Beruni. In those days in every village there was Sanskrit school where education
was imparted free of charge. The British uprooted the old system and instead introduced
a new system of education on English lines. Very few schools and colleges were opened
by the government and mostly the educational institutions were run by the Christian
missionaries. The new system of education was highly expensive, therefore the few
people benefitted by it, consequently, mass illiteracy began to prevail in India. Moreover,
the new educational system was completely divorced of high ancient ideals, history,
culture, learning knowledge and traditions. It taught only Western literature, history,
traditions and science. Consequently, the English educated people forgot their glorious
history, traditions and culture and began to take pride in everything that was Western.
Propagation of Christianity : The East India Company after perfecting its hold on the
Indian territories thought of converting the whole of India into Christianity. Revered
Kennedy said, "Our chief work is the propagation of Christianity in the land, until
Hindustan from Cape Comorin to the Himalayas, embraces the religion of Christ and
until it condemns the Hindu and Muslim religions, our efforts must continue
persistently."
Changes in Hindu Inheritance Law Favouring Christianity : Another impact of the
British colonial rule in India was the decline of Hindu joint family system. Lord William
Bentinck changed the Hindu Inheritance Law in 1832 and allowed the converts to
Christianity to inherit land in the property of the father. This caused grave discontentment
against the British rule amongst the Hindu and unleashed the forces of nationalism.
Besides that the British also allowed legally to mortgage or divide or sell the landed
property. Therefore, after death of the father the sons began to quarrel and divide the
land. In this way the fields were divided amongst the sons frequently. The result was a lot
of litigation and the division of the land into petty fields.
Encouragement ofCommunalism : The colonialists in order to prolong their rule sowed
the seeds of dissension between the Hindus and Muslims and theyTHE HISTORICAL
CONTEXT.... RULE IN INDIA
15
encouraged communalism. Take the case of Morley-Minto reforms (1909). The / biggest
defect in the Morley-Minto reforms was the creation of separate or communal system of
election providing for representation and reservation of seats in the Council's for special
interests like Muslims, Chambers of Commerce, Zamindars, etc. While providing for
separate representation for the Muslims, due consideration was to be given to the
proportion of their population. The communal system of representation initiated by the
Act poisoned the future public life of India, increased separatist tendencies and ultimately
paved the way for demands for partition of the country. It was the biggest shock to
secular Indian nationalism after the suppression of 1857 revolt and was indeed the
greatest victory for the British policy of 'divide and rule'.
Social Reform : The fact that modernisation was introduced to India by a small, English
educated middle class, is the genesis of the British Raj. First appeared the great urge to
reform Hindu society and its more objectionable practices. In this, the enlightened
administrators sent out by the British found common ground with the leaders of the
Indian renaissance. Indeed the revival of the Hindu spirit and the regeneration of ancient
Indian glory were attempted by purifying Hinduism and denuding it of the distortions that
had grown during its period of darkness. The first steps were taken as state measures
during the eventful regime of Lord William Bentinck, Governor General of India from
1828 to 1835 and under sustained pressure from Indian liberals like Ram Mohan Roy.
Chief among these were the abolition of suttee, thugee and female infanticide. Infanticide
was declared a criminal offense and so were all sacrifices of human beings undertaken for
ritual purposes, steps were taken to prevent gross injustices against women. Jurisdiction
for criminal offences and for all offences involving state laws was taken over from local
councils and given to the newly established courts.
The crusading zeal of the early English reformers and their Indian counterparts suffered a
brake after the revolt of 1857. The British Government at home, which now assumed
direct control of Indian affairs, followed the doctrine of Pax Britanica, a policy according
to which local customs were not to be disturbed and India was to be governed from an
ethically neutral position. Hence forward, social reform was achieved mainly by
movements stimulated by Indian leaders and intellectuals, and far less by enlightened
policies from above.
POLITICAL CONSEQUENCES OF BRITISH RULE
The impact of the British was indeed revolutionary. It was not deep because it was alien,
but it was big and powerful and enduring. Let us look here briefly at the chief legacies of
the British period.
Establishment of Central Authority : The British for the first time brought the whole
subcontinent under one imperial rule and kept it under that rule on a continuous basis
without fear of either disruption from within or aggression from without. Although more
than a third of the territory was left outside Britain's direct administrative control, in the
hands of native princes, its paramountcy was recognized even there and there was no
question about its imperial authority. This was a major achievement and became the basis
of much else that the British did in India. It also later provided that territorial basis on
which India's unity as a nation was built.9
Law and Order: From the point of view of the Indian population, the most beneficial
effect of British dominance over the country was the provision of law and order. We
know how the Muslim conquests and the internecine struggles ■ ■• . r.ti„.„„,» Vmrl
disturbed the peace of the subcontinent and had led to16
INDIAN GOVERNMENT AND POLITICS
insecurity in country side. The British rule that followed such a long period of turmoil
security, enforced a rule of law, and heralded a long period of peace and stability.
Leaders of opinion in many regions expressed gratitude at this 'blessing* at the British
Raj.
New notions of Administration and Justice : The British not only brought the whole
subcontinent under a single authority, they also provided a unified administration.
Building on the district pattern of the Moghuls, a hierarchical structure of administration
was created from the centre downwards, with the provinces and the districts acting as
subordinate agencies. The pattern was made relatively uniform. The outcome was an
efficient structure of authority, based on new principles of law and administration.
Although the functions prescribed by the Moghuls continued to be the basis of district
administration in British India, the principles on which the relationship between the
district and higher authority was based were wholly different. It was a wholly civil
relationship. It gave discretion and authority to the officer in charge of the district, but he
was a servant of the Central authority and enjoyed no sinecure or rights to extort his
subjects personally. Above all, the British created modern bureaucracy in India, a unified
service based on merit and open competition. These principles were tried out in India
even before they were introduced in Great Britain. The result was the ICS (Indian Civil
Service), at first manned wholly by British officers, to which later on Indians were added
in increasing numbers, but always containing men of learning and ability of 'gentlemanly'
backgrounds, and picked with great care. To these men was entrusted the task of nursing
the districts in India, maintaining order, collecting revenue and providing leadership and
justice.
The men of the ICS were not only district officers, they also were district magistrates
who administered justice. With the passage of time, a new system of courts was created,
based on Anglo-Saxon principles and procedures of jurisprudence and with their ancestry
in the British Common law and precedents. Still later, a structure of social and economic
administration based on principles of collective welfare was brought into being and
measures of reform striking at gross disparities and inequalities were gradually
introduced. This further changed the nature of civil administration and introduced new
ways of looking at man and society which, while it gave a jolt to traditional notions, fitted
in well with the new ideas that were gaining currency.
Colonial and Corrupt Administrative System : For the first time European foreign rule
had been established in India. It led to the loss of the independence of the entire country
and enslavement of the whole people. This caused utmost bitterness, not only in the
minds of the Rajas and Maharajas whose territories had been seized by superior military
force and treachery, but also by the common people, who deeply mourned the loss of
political freedom.
The British administration was purely bureaucratic and lacked personal "• touch
altogether. The British officers were not accessible to the people because they possessed
superiority complex. The policy of the East India Company was i not to give high posts
to the Indians. This policy was particularly followed by j Lord Cornwallis. More and
more Indians began to be deprived of higher offices \ as the boundaries of the East India
Company began to expand rapidly. Sir Syed j Ahmed himself an official pro-British
observes about the arrogance of the j British officials that "their pride and arrogance led
them to consider the natives j of India as undeserving the name of the human beings."THE
HISTORICAL CONTEXT .... RULE IN INDIA
17
It is also noteworthy that the administration of the East India Company was corrupt.
According to Clive's own admission, the employees and agents of the Company
perpetrated many crimes and cruelties on the people in order to extract money. Armed
like dacoits, their gangs would go out in the villages and return after indulging in all the
loot and plunder they were capable of. Their was neither law nor justice. In Nehru's
words : "The corruption, venality, nepotism, violence and greed of money of these early
generations of British rule in India is something which passes comprehension."1^ During
25 years (1755-88) wealth worth at least rupees 600 million sterling left Bengal to reach
Britain. According to Gordon Sanderson : "The province of Bengal, until the advent of
the British was undoubtedly the richest land in the world. No famine was ever recorded
by history to have entered the rich and populous area. For millenia, Bengal had been
famous for its continuous and abundant prosperity. British imperialism needed only
thirteen years to bring destruction, destitution, death and famine to the province of
Bengal."
IMPACT OF COLONIAL LEGACY ON THE POST-INDEPENDENCE POLITICAL SYSTEM
The British ruled over India for about three centuries. It is difficult to achieve a consensus
on the nature and consequences of the British impact on India. In some respects the
British impact was positive; in others negative. Those who have described the British
domination over India as a political economic misfortune, contend that economic
consequences of the British rule were unfortunate. Those, who believe in British virtue,
take pains to emphasise that the British impact led to such a transformation of Indian
society that Indians in retrospect must be thankful for what the British did for India.
"Santosh Trikha very rightly observes, "British imperialism in India had two
contradictory sets of features. In some respects, it had a revolutionary in the extreme. But
in both its phases, British rule encouraged and provoked the rise and development of the
nationalist struggle for justice and independence."11 The British displayed far better
administrative and organizational skills than did any of the earlier ruling classes of India.
Not only did they establish control over India and achieve territorial integration, they also
founded a centralized administration that could not be challenged easily.12
While the British were consolidating their power in India. They were also, unwillingly,
laying the bases for Indian independence. Their contributions were manifold: political,
administrative, legal, economic, cultural, educational, social and psychological. 13
Politically, they assumed effective power in India at a very low period in Indian history,
when the Mughal dynasty was hardly more than a shell of its former self, when the Hindu
revivalism under the Marathas had fallen far short of its avowed goals, when other
Western powers, notably France, were rivals for trade and influence in the sub-continent.
They gave India a greater degree of national unity and solidarity and a better form of
government that it had ever enjoyed, save perhaps during a few periods in the long course
of Indian history.
Administratively, the British developed a pattern of rule which is still followed in its basic
outlines by free India. This administrative system extended through British India, even to
the village level, and indirectly it affected the princely states as well. By associating
Indian in increasing numbers in the administrative services, the British helped to train
generations of capable18
INDIAN GOVERNMENT AND POLITICS
'The efficient administrative machinery built by the British and the merit-based system of
recruitment to bureaucracy they introduced are two of
the important traditions inherited by the Indians from this period.....The
British introduced a high degree of uniformity, in both the civil and the judicial
administration, in addition, the administrative system possessed objectivity and
impersonality, qualities not found in the previous system of administration."
Legally, they gave India something close to a uniform code of justice, a revolutionary
departure indeed from the previous patterns of regional and local 'justice' and communal
differences. They also gave India a concept of liberty under law.
Economically, they destroyed the base of existence of village India, and they undoubtedly
'milked' India for British ends, but they introduced new forms of land tenure, they tied the
country together economically as well politically, they helped to create new economic
classes and interests and they developed systems of trade and finance which have
prevailed to the present day.
Culturally, they brought India into contact with the west and helped India to rediscover
its own past as well as the riches of other cultures.
Educationally, they made great progress in achieving the objective recommended by
Lord Macaulay in his famous minute of 1835 : "to form a class who may be interpreters
between us and the millions who we govern; a class of persons, Indian in blood and
colour, but English in taste, in opinions, in morals and in intellect." The existing
educational system in India is largely constructed along British lines, with certain
concessions to the goals of free, compulsory education on mass scale and the needs of an
independent state in the modern world.
"The Western system of education brought a slow though radical transformation of the
value structure and behaviour patterns of Indian intellectuals. The new system of civil
and judicial administration made the English language and education a very valuable
avenue for achieving political influence, economic power and social mobility. Thus it
came as no surprise when thousands of Indians started flocking to the newly established
institutions of higher learning that provided instruction in English. This system of
education produced a new class of professionals and enlarged the size of the urban
middle class; it also exposed Indian elites to the constitutional liberalism and democratic
socialism propounded by English utilitarians and Fabian socialists. The democratic ideals
of liberty, equality and social justice gradually took root among the members of the
intellectual establishment of the country. In short, the knowledge of English brought the
upper classes of India in contact with the west, thus injecting a new dynamism into an
ancient civilization."14
Socially, the English created the new middle class of India. Generation after generation
there came into being a wholly new class—English educated, tutored in liberal ideas, full
of administration for the west and prepared to serve as 'Clerks' under foreign superiors.
Many of them took to law and practiced it. Some become teachers. Still others took to
commerce and industry. A few managed to go abroad, mostly to England, took advanced
education, and more ofter than not aspired to become members of the ICS. Some took to
social reform, journalism and other professions like medicine and accounting. Still others
took to politics.
1
19
THE HISTORICAL CONTEXT.... RULE IN INDIA

This was the new middle class of India. Through this class the British ruled the sub-
continent. Through this class, new ideas of individualism and constitutional government
gained currency. This class manned the new professions. And from this class, political
leadership emerged to challenge the right of the British Empire. This class eventually
inherited power from the British and declared itself a modern nation and a "sovereign,
domocratic republic".15
Conclusions
The British rulers employed in India many exploitative devices known to the imperialists
colonial system.16 These devices were perfected and made highly effective for the
exploitation of India's vast-human and material resources. Over and above this, the
British exacted a cruel and unjust—annual tribute from India which prevented any
accumulation of capital or improvements in agriculture or industry. The productive
organization of India was destroyed and the country which was once known for its riches
all the world over was reduced to a state of poverty, disease, misery and starvation.
REFERENCES
1. Rajni Palme Dutt, India Today and Tomorrow, Delhi, 1955, pp. 52-70.
2. Mortiz Julius Bonn, "Imperialism" Encyclopaedia of the Social Sciences (MacMillian), 1937, VII, 605.
3. Charles A. Beard, American Foreign Policy in the Making, 1932-40, 1946, p. 113.
4. Hans Morgenthau, Politics Among Nations, 2nd Ed., 1954, pp. 41-44.
5. J.A. Hobson, Imperialism : A Study, 2nd ed. London, 1948, p. 7.
6. Tara Chand, History of Freedom Movement in India, Volume One, Government of India, 1992, pp. 300-302.
7. Minute dated 7,1930 (Quoted in R.C. Dutt, Economic History under Early British Rule, pp. 386-87).
8. Tara Chand, History of Freedom Movement in India, Volume One, p. 303.
9. Rajni Kothari, Politics in India, Delhi, 1970, p. 38.
10. Jawahar Lai Nehru, Discovery of India, 1951, p. 275.
11. Santosh Trikha, Political Parties in India (unpublished doctoral dissertation, University of Sagar, Sagar, India),
1955, p. 56.
12. Boxer, Malik, Kennedy and Oberst, Government and Politics in South Asia, Lahore, 1988, p. 27.
13. Norman D. Palmer, The Indian Political System, London, 1961, p. 63.
14. Baxer, Malik, Kennedy and Oberst, Government and Politics in South Asia, Lahore, 1988, p. 28.
15. Rajni Kothari, Politics in India, Delhi, 1970, p. 40.
16. K. S. Gill, Evolution of the Indian Economy, New Delhi, 1990, pp. 3-14. Chapter 2
THE HISTORICAL CONTEXT
CHARACTER OF THE INDIAN NATIONAL
MOVEMENT
With the victory of Plassey set in the strong tide of British conquest of India. In 1764, the
Emperor of Delhi was defeated at the battle of Buxar, and in 1765, he gave legal
recognition to the transfer of power by the grant of the Diwani of the provinces of
Bengal, Bihar and Orissa. In 1772, Warren Hastings assumed direct authority over these
territories and began to lay the foundations of the system of British administration.1 In
1784, Pitt's India Act was passed and the British government assumed extensive powers
of control over the political and administrative activities of the East India Company. The
task of expanding British power was also taken up and Lord Cornwallis was instructed to
annex a considerable portion of Tipu Sultan's territory. During the regime of Lord
Wellesely (1798-1805) imperialism gained a new fillip, and through the policy of
subsidiary Alliance lie brought Hyderabad under the British control and Gwalior, Baroda,
Indore, Nagpur and Poona under direct influence. The vigorous policy of Lord Hastings
(1813-1823) subdued the Marathas, the Central States of Rajputana and the Gorkhas of
Nepal. His successor Lord Emherst, defeated the Burmese in East. After the death of
Ranjit Singh (1839) the two Sikh wars, of 1845-46 and 1849, resulted in the annexation
of the Punjab by the British. The principality of Oudh, completely surrounded by British
territory, was annexed in 1856. A number of smaller principalities were taken over
through Lord Dalhousie's 'Doctrine of Lapse'. By 1856-57, the hold of the British over
India was almost complete. By the proclamation of November 1, 1858, the Government
was transferred to the crown, and on January 1, 1857 Queen Victoria was proclaimed
Empress of India.
RISE OF NATIONALISM : CAUSES OF THE GROWTH OF NATIONAL CONSCIOUSNESS
Nationalism meant differently to different peoples. For those who had autocratic and
despotic monarchies nationalism meant the overthrow of such institutions; for those who
had inaugurated a reign of democracy and popular sovereignty it meant economic,
industrial and social development; and for those less fortunate people who had been
brought under foreign rule, the object of nationalism was political emancipation first and
economic advancement afterwards. India could be put in the last category, and as a unit
of the British Empire Indian nationalism was directed against the continuance of foreign
rule. It was a major force in the India of the 19th and the 20th centuries.
The great uprising of 1857 was the first significant armed struggle conducted by the
princes and soldiers with popular support of the people and with the common object of
overthrowing the British rule. Practically the whole ofTHE HISTORICAL CONTEXT.... THE INDIAN
NATIONAL MOVEMENT
21
India was covered by the flames of revolt. The revolt brought the Hindus and the Muslims, the
Princes and the people, the Zamindars and the farmers together and they all fought shoulder to
shoulder to drive out the British. Whatever may have been the causes and motivations of the
rebels—they were doubtless diverse—by accepting the leadership of the Mughal King and by all
of them fighting in his name, they had immediately made their struggle political in its objective
and legitimate in content. Their fight was for their king and their country; the objective was
political freedom from foreign usurpers. As has been rightly said : "The struggle was as nearly
'national' as it possibly could be under the conditions then prevailing. It was spontaneous and was
inspired by a popular impulse to break the shackles of slavery. According to Vir Savarkar and
Pattabhi Sitarammayya, it was the first war of Indian independence. 2 As Maulana Abul Kalam
Azad had said, "India faced the trial of 1857 as a united community."
The revolt failed but its failure and the repressive policies pursued by the British thereafter
resulted in a widening gulf between the rulers and the ruled. But even in its failure it remains a
glorious chapter in the saga of the struggle for freedom.
So far as the history of the Indian freedom movement is concerned, the revolt of 1857 and the
repressive measures adopted to crush it gave birth to a bitter and sharp reaction and sowed the
seeds of mass popular upsurge and a nationalist movement for freedom from foreign rule. Its
form changed from time to time according to the needs but once the struggle had began, it
continued till the country attained independence. As professor Hiren Mukherjee says, "There is a
link, which to Indian eyes is plain, between 1857 and subsequent stages of our national struggle."
Several factors generated the spirit of revolt and struggle among the people. These were :
Establishment of political unity, Effects of first war of Independence, Western learning and
English language, Press and nationalist literature, Religious and Social movements, British policy
of social discrimination, Reactionary rule of Lord Lytton and the Ilbert Bill controversy. Each of
these factors was strong enough to stimulate the growth of the spirit of nationalism and, therefore
needed a detailed discussion.
1. Establishment of Political Unity : The British conquest of India brought about an
unprecedented degree of political unification of the country. The former rulers of India were
either eliminated or reduced to subservience. Areas containing in total about three-quarters of the
country's population were brought under direct British administration. In the rest of the country,
the Indian 'states' remained but their rulers (called princes) enjoyed little more than degree of
autonomy in the internal administration of their territory. British power was supreme throughout
the country. The continuous wars and conflicts that had earlier ravaged the country came to an
end. The British rule that followed such a long period of turmoil provided security, enforced a
rule of law and heralded a long period of peace and stability. This situation created favourable
conditions for the growth of national consciousness in India.
Among the factors which promoted the feeling of homogeneity among the various groups in the
different regions of India and helped to create national consciousness, law was one. For the first
time in the Indian history, identical ic,,ro or.ri vocmln-Hnns WPTP made for the whole of India.
Clients, lawyers and22
INDIAN GOVERNMENT AND POLITICS
identity of interests and attitudes, It is no wonder then that the lawyer class formed the
spearhead of political movement in India.
There was much in common between the middle classes of Bengal, Bombay and Madras.
But so long as they could not communicate with one another easily and speedily, there
could arise no common patriotic sentiment, no common public opinion and no unity of
action among them. The development of the railways which made this communication
and intercourse between the people of the different parts of the country possible may,
therefore, be said to mark an important stage in the evolution and development of
national consciousness.4 In the words of Punniah, "The whole of India from the
Himalayas to the Cape Comrin was now brought under one government and this gave her
people a new sense of political unity."
2. Effects of the first war of Independence : Though the British historians, who were
imperialists to the core, have dubbed the freedom struggle of 1857 as the sepoy mutiny
but the unparalleled sacrifices, the heroism of the people of our country could not go in
vain and the prosterity always took inspiration from the martyrs of 1857 for the future
freedom struggle of the country. R.C. Majumdar has rightly observed : "The outbreak of
1857 would surely go down in history as the first and direct challenge to the British rule
in India, on an extensive scale. As such it inspired the national movement for the freedom
of India from British Yoke, which started half a century later. The memory of 1857-58
sustained the later movement, infused courage into the hearts of its fighters, furnished a
historical basis for the grim struggle and gave it a moral stimulus, the value of which it is
impossible to exaggerate."5
3. Western Learning and English Language : Lord Macaulay, who was responsible for
determining the British educational policy in India, had thought that the imparting of
western education would make available to the British Government in India a cheap
supply of indigenous clerks to man the various offices. He had also thought that Western
education would foster among the educated youths of India a sense of loyalty towards
English rule and would bring the two communities, the Indians and the British—socially,
politically and culturally nearer to each other. He wrote in 1833 : "It would be the
proudest-day in English history, when having become instructed in European knowledge,
they (the Indians) shall demand European institutions." In 1854, Sir Charles Wood
prepared a new dispatch on the Indian educational system and in 1858, three universities,
on the model of the then London University were opened in Calcutta, Madras and
Bombay. Thousands of young Indians took to Western education because it opened the
way to government services and the new professions of law, medicine and teaching.
Many of them studied the political ideas of Burke, Spencer, J.S. Mill, Locke and
Rousseau and were imbued with the ideas of liberty, equality, fraternity, self-
determination and national freedom. They read of the French Revolution and their
political consciousness was aroused. Not only this, but Indian youth had an opportunity
to go to England and live there. Thus, the people of India could get what was contained in
English literature. Fortunately it was a literature which contained much about liberalism,
which pleaded rights for the people and which gave them the spirit of struggle with which
the people of England fought against —their monarchs in order to get their rights. About
Western education Dada-bhai Naoroji, wrote : "New light has been poured on us,
teaching us the new lesson that kings are made for the people and not the people for
kings."THE HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
23
The English language as such played no less important role in the development of Indian
nationalism. It cut across provincial barriers and served the purpose of a lingua-franca, a
common all India language for Indians living in distant parts of the country and speaking
quite different dialects. It was largely through the medium of English that educated
Indians began to meet each other to discuss their common problems and to feel a
sentiment of oneness.
4. Press and Nationalist Literature : The Indian press played a significant role in the
promotion of nationalism in India. The press aroused a sense of patriotism among the
Indian people by focussing attention on the drawbacks of the British rule and highlighting
its exploitative character. Papers like Amrit Bazar Patrika, The Indian Mirror, The
Patriot, The Hindu, The Kesari and The Bengalee did a lot in bringing such information
to the notice and knowledge of masses, which was practically unknown or unrevealed at
that time.
Nonetheless, the influence of the press on the opinion of Indian society was growing. The
Friend of India in its issue on 8th November, 1838, remarked "Its (of the Indian Press)
influence has become a powerful instrument of civilisation. When a nation has been
asleep for ages, the first stage of improvement consists in breaking its slumbers and the
Press appears more likely to produce the effect at the present than at any preceding time."
5. Religious and Social Movements : Nationalism as a movement was preceded by
cultural revivalism and a social reform movement. Contact with the West through the
British forced Indians, especially Hindu, to examine critically the structure of Hindu
Society. Through this process of self examination, Hindu elites became painfully aware
of the deficiencies of Hindu society, which was permeated with social customs that could
not be justified on rational or even religious grounds. The elites saw Hindu society as
dominated by superstitions, idolatry, magical myths and many reprehensible social
customs. If Hinduism was to save itself from the onslaught of western culture and
proselytic Christian missions supported by the British empire, its critical need was not
only to get rid of social evils but also to recognise its structure on a more rational basis.
Consequently, an upsurge of social reform movements occurred in different parts of the
country. Some reformers sought a synthesis of Hinduism, Western liberalism and
selective principles of Christianity while others emphasised the glories of Hindu India
and hoped to restore to it the essential Vedic values they felt had been lost in the course
of subjugation of Hindus during the Muslim rule.
Raja Ram Mohan Roy (1774-1833), a Bengali thinker and reformer exemplified the first
group of reformers. He strongly disapproved of idol worship, the caste system, the
inferior status of women, untouchability and other social evils of Hinduism. In order to
propagate his reformist views he founded the Brahmo Samaj, an organisation that
contributed a great deal to social reform and to the stimulation of cultural and intellectual
activities in Bengal and in the several other parts of India.
The second type of social reforms movement, seeking social reforms coupled with Hindu
revivalism, was reflected in the writings and activities of Swami Dayanand (1824-1883)
who sought to legitimize the reform of Hindu society on the basis of reinterpretation of
the Vedas. He glorified the Hindus' past and sought to purify contemporary Hinduism by
getting rid of the caste system, untouchability, idol worship and other superstitions.
Dayanand was a stannr.h nationalist who thought social reform should precede Swarajya
(self24
INDIAN GOVERNMENT AND POLITICS
became closely associated with educational activities, especially with the spread of
English education through Dayanand Anglo-Vedic (DAV) College movement in North-
West India.
In South India, the Theosophical Society became instrumental in both cultural revival and
social reform among Hindus. The society worked to establish the superiority of Hindu
philosophy over West. Annie Besant (1847-1993), an Irish woman who was deeply
influenced by Hindu philosophy, became a major spokes-person for the society. She
helped popularise its teachings and thereby created a degree of cultural pride among
middle class Hindus of South India. Rama Krishna Paramhansa also played a significant
role in Hindu renaissance. He revived the cult of the Upnishads and preached the virtue
of renunciation, self-sacrifice and social service. The great sanyasi halted the tide of
westernisation that had overtaken the country and pointed out that the solution to India's
ill lay in its own religion and culture. Paramhansa's work was carried towards by his very
able and devoted disciple, Swami Vivekananda. Vivekanada added the gospel of action to
that of contemplation and awakened the people from their slumbers. He told the Indians
that the East was deep in wisdom and rich in spiritual virtues and exhorted them that they
should conquer the west, which was spiritually shallow, through their philosophy and
superiority of thought. By his teachings, Vivekananda created among the people a sense
of confidence and self-reliance-virtues that were being overshadowed by the Western
learning, science and technology.
Sarkar and Dutta have rightly observed, "The religious and social reformers of 19th
century India like Ram Mohan Roy, Rabindra Nath Tagore, Dayanand Saraswati, Ram
Krishna Paramhansa and his great disciple Vivekananda impressed on the minds of the
people the greatness and universality of much of the ancient thought of the country and
this served to awaken in them a keen desire for national regeneration on the basis of the
best in the past."
6. Racial Discrimination : The policy of racial discrimination pursued by the British also
greatly contributed to the rise of nationalism in India. The British treated Indians as
inferior creatures and excluded them from all positions of responsibility. Initially the
British reserved all high posts only for the Europeans and English. Subsequently, they
permitted Indians to compete for these posts, but the examination was held only in
England. As a result, most Indians could not compete for those posts. Probably the worst
form of racial discrimination was illustrated by the fact that Indians were not permitted to
travel by higher classes of railways and were often subjected to humiliating treatment.
This policy of social discrimination greatly agitated the Indian intellectuals and leaders
and prompted them to get rid of the British imperial rule.
7. The Impact of External Movements and Events : It was also time when several
important events took place in different parts of the world which had a bearing on the
people of India. At the end of the century Italy was defeated by Abesynia and in the
beginning of century Russia was defeated by tiny Japan. There were also freedom
struggles in many parts of the world particularly in Africa. All these happenings provided
moral boosting to freedom fighters in India, who shed away their inferiority complex and
felt assured if Japan could defeat Russia, why could they not overthrow British
Government in India.
8. Economic Exploitation : The policy of economic exploitation followed by the British,
which resulted in the destruction of the Indian agriculture andTHE HISTORICAL CONTEXT.... THE
INDIAN NATIONAL MOVEMENT
25
trade, also greatly agitated the Indians and contributed to the rise of nationalism. The
British resorted to a policy of systematic exploitation of India and tried to promote the
interests of their own capitalists at the cost of the Indian people. They took away raw
materials from India and brought finished products from England. In the process they
made huge profits. They tried to check competition from Indian goods by destroying
Indian Cottage Industries. The so-called policy of the free trade pursued by the British in
India also operated against India's interests. Under this policy, while the British goods
could enter India without any restriction, Indian goods were not permitted free entry in
Britain. The entry of Indian goods in Britain was strictly regulated and often they were
subjected to several kinds of duties. This systematic exploitation of India resulted in the
drain of economic resources from the country and contributed to Indian poverty. This
naturally enraged the Indian people and they began to think in terms of overthrowing the
British rule so that they could freely regulate their economy according to their own
requirements.
9. Repressive Policy of Lord Lytton : The repressive policy of Lord Lytton, who was
Governor-General of India from 1876-1880 also greatly contributed to the rise of Indian
nationalism. He adopted a number of discriminatory measures against the Indians viz. the
Arms Act (which imposed restrictions on Indians carrying arms); The Vernacular Press
Act (which imposed restrictions on Vernacular press) etc. which were greatly represented
by the Indians and contributed to the rise of nationalism. Apart from the adoption of
various repressive measures, Lord Lytton embarked upon an imperialistic policy towards
Afghanistan and waged the second Afghan war. All this caused much hardship to the
Indians and made the Governor General extremely popular with the people. While people
were starving in millions, Lord Lytton held a Durbar at Delhi in 1877 to announce that
Queen Victoria had assumed the title of Empress of India. The vain show cost millions to
the Indian treasury. It was the case of Nero fiddling when the Rome was burning.
10. Ilbert Bill Controversy : The Ilbert controversy towards the close of the 19th century
also greatly contributed to the rise of nationalism in India. In 1883, Lord Ilbert, the Law
member of the Executive Council of Lord Ripon's Government, introduced a bill which
sought to empower the Indian Magistrates to try cases involving Europeans. Indians
welcomed the move, but the Europeans organised such a staff opposition to the bill that it
had to be withdrawn. The educated Indians learnt two lessons from this incident: First,
that it was hoping against hope that the rulers would forgo their privileges or be just to
Indians, Secondly, that a strong agitation was always effective and fruitful. Thus it
showed the Indian leaders a new way of fighting for a cause, viz., through a method of
agitation. Above all, it convinced them that the only way of ending humiliation, to which
they were subjected, was by overthrowing the Colonial rule.
It was thereafter that India lost faith in British sense of justice and impartiality. Deep faith
which had been rooted after centuries, was rudely shaken and as Surendra Nath Banerjee
remarked, "No self-respecting Indian could sit idle under the fierce light of that
revelation." It was a call to the high patriotic duty to those who understood its
significance. In fact, according to some thinkers this (Ilbert bill controversy) became even
a cause for the forma-26
INDIAN GOVERNMENT AND POLITICS
FOUNDATION OF THE INDIAN NATIONAL CONGRESS Early Political Associations
The second half of the 19th Century witnessed the flowering of national political
consciousness and the foundation and growth of an organised national movement. During
the period the modern Indian intelligentsia created political associations to spread
political education and to initiate political work in the country. This work was to be based
on new political ideas, a new intellectual perception of reality, new social, economic and
political objectives, new forces of struggle and resistance and new techniques of political
organisation.
In 1842, Dwarkanath Tagore brought out George Thompson from England to organise
the political movement. Thompson had taken a prominent part in organising the anti-
slavery agitation in England. On arrival in Calcutta he began to hold meetings and as a
result of his efforts the Bengal British Indian Society was founded in 1843. Its objects
were to collect and disseminate information relating to the conditions of the people and
the laws, institutions and resources of the country and advance the interests of all classes
of the Indian subjects. In 1838, the landed gentry of Calcutta had formed a society for the
protection of their rights under the name of 'The Landholders Society'. Its original object
was to defeat by legal means the attempt of the Government to resume rent free lands. In
1843, the Bengal British Indian Society was organised with wider political objectives. In
1851, came the British Indian Association which desired improvements in local
administration and the system of government. It wanted to "acquaint the British public
with the state of feeling in India with regards to its past and future administration." hi
August 1852, Dadabhai Naoroji and others founded "the Bombay Association". Its aims
were to ascertain the wants of the people and to suggest to the authorities measures to
advance public welfare. In the Madras Presidency, a similar organisation, calling itself
'the Madras Native Association' came into existence on the eve of the renewal of the
charter in 1853. It petitioned Parliament, bringing to its notice "the grievances and wants
of the inhabitants of the presidency." Justice Mahadev Govind Ranade, Ganesh Vasudev
Joshi, S.S. Chiplunkar and others organised the Poona Saryajanik Sabha in 1870. The
Sabha carried on active political education for the next thirty years. Led by Anand Mohan
Bose and Surendra Nath Banerjee, they founded the Indian Association in July 1876. The
first issue taken up by the new association for agitation was that of the reform of the
system of the civil service examinations. The association sent S.N. Banerjee as a special
delegate to other part of the country to canvass support for the agitation. In order to bring
the common-people into the current of the broad political movement, the leaders of the
Indian Association organised agitations in favour of the rights of the tenants against the
zamindars and the plantation workers against the foreign tea planters. In Madras, the
great organ of public awakening The Hindu, was founded in 1878 and its supporters
started in May 1884 a political association known as the 'Mahajan Sabha'. In Bombay,
Pherozeshah Mehta, K.T. Telang, Badruddin Tyabjii and others formed the Bombay
Presidency Association in 1855.
Such provincial political activities had prepared the ground for the creation of a political
organisation, which would embrace the whole of India and bring together into one body,
the several provincial associations and politically conscious individuals scattered over the
country. Conditions were ripe for the establishment of a national assembly to give
expression to national demands and requirements.THE HISTORICAL CONTEXT.... THE INDIAN
NATIONAL MOVEMENT
27
Genesis of the Congress : Contribution of A.O. Hume
A.O. Hume (1829-1912) had served the Government since 1846 but was shamefully and
cruelly removed from the post of secretary to the Government of India by Lytton in 1879
of holding independent views and expressing them fearlessly. In 1882, he retired from
service. He had, early in his career formed the conviction that the interests of the Indians
and the British people were essentially the same and that the administration of India
ought to be carried on with equal benefit to both. He had also realised that Pax Britannica
had failed to solve the economic problem, that the peasantry was ravaged by the famine
and despair, that the then Government as dangerously out of touch with the people and
that there was no recognised channel of communication between the rulers and ruled, no
constitutional means of keeping the Government informed of Indian needs and opinion.
In 1872, he had warned Northbrook of paralysis that was coming over the British
dominion. He wrote :
"Your Lordship can probably hardly realise the instability of our
rule.....I am strongly impressed with the conviction that the fact of the
empire is trembling in the balance and that at any movement some tiny scarcely noticed
cloud may grow and spread over the land a storm raining down anarchy and devastation."
Naturally, in order to avoid a disaster, Hume felt that counter-measures were essential,
namely, the organisation of a national movement with three objects :
"First, the fusion into one national whole of all the different elements that constitute the
population of India; Second, the gradual regeneration along all lines—spiritual, moral,
social and political, of the nation thus evolved; and Third, the consolidation of the union
between England and India, by securing the modification of such of its conditions as may
be unjust or injurious."7
Thus, while the Indian leaders in the different parts of India were moving towards the
formation of a political body on a countryside scale, Hume's enthusiastic support
hastened its birth. On March 1, 1883, Hume addressed a letter to the Graduates of the
Calcutta University in which he exhorted them to form a Union to organise and to follow
well-defiried lines of action. He asked
for fifty men......"with sufficient power of self sacrifice, sufficient love for and
pride in their country, sufficient genuine and unselfish heart felt patriotism"— who would
be willing to devote the rest of their life to the cause. He warned that if such men were
not forthcoming there would be "no hope for India".
In 1884, Hume in consultation with the Indian leaders, launched the scheme of the Indian
National Union with the three objects mentioned above, "to oppose, by all constitutional
methods, all authorities high or low, here or in England, whose acts or omissions are
opposed to the principles of the Government of India laid down by the British Parliament
and endorsed by the British Sovereign."8
The organisation of the Union soon extended over all India to bring Indian opinion in
focus. It would appear that Hume discussed the plan of a political conference with the
Governor General, Dufferin, and received his approval to proceed with it. Dufferin was
anxious to ascertain the real wishes of the people and thought that the conference would
be a good channel for such communication.
Hume then Droceeded to England to take counsel with other well wishers28
INDIAN GOVERNMENT AND POLITICS
conference convened by the Union at Poona from December 25. As the conference had
received support from all parts of India, it assumed the name, 'Indian National Congress'.
Its meeting place was at the last movement changed from Poona to Bombay.
The arrangements for the Congress were made by the Bombay Presidency Association.
Its meetings were held in the Gokuldas Tejpal Sanskrit College. Seventy-two delegates in
number, arrived from all parts of India, and W.C. Bonerjea, an eminent lawyer of
Calcutta, was chosen President.
In 1885, with the first sitting of the Indian National Congress, the whole of India felt
throbbings of a new life. It was the most remarkable event in India's history. For the first
time, political unity was sponsored not by a central, indigenous or foreign government,
but by a group of stout-hearted, forward looking sons of the motherland, hailing from all
parts of the country. They assembled in Bombay, took counsel together and deliberated
on India's future. They threw a bold challenge to the powers that be, gave a warning to
the rulers that India was no longer willing to leave her fate exclusively in the hands of the
aliens and that she was determined to shape her destiny herself. The Indian National
Congress provided the lead and the country accepted its guidance.
Was Congress the Child of British Raj?
Sometimes it is observed that the Congress was the Child of British Raj. "In its origin, the
Congress was an officially sponsored body, intended to act as a safety-valve for the
growing discontent in India."
The Indian National Congress was founded in 1885. The story of its origin has often been
used to substantiate the claim of British imperialism to be the foster parent of Indian
Nationalism. In fact, however, the story of this origin and the contradiction of its
subsequent history, afford a striking demonstration of the strength of the forces of Indian
national awakening and of the inevitable growth of the struggle against imperialism.
The National Congress was brought into existence as an organisation through the
initiative of an Englishman and under the guidance of direct British governmental policy,
on a plan secretly prearranged with the Viceroy, as an intended weapon for safeguarding
British rule against the rising forces of popular unrest and anti-British feeling.
But its subsequent history and development, moving beyond all the original aims of
imperialism, was a testimony to the sweeping advance of the forces of the national
movement and to the impossibility of confining these forces within the narrow channels
which imperialism would have sought to mark out for them. In fact, the conception of an
Indian National Congress had been maturing from the initiative and activity of the Indian
middle class representative themselves (from the establishment of the Brahmo Samaj in
1828 to the National Conference of 1883 held under the presidency of Ananda Mohan
Bose) when the Government intervened to take a hand. The Government did not found a
movement which had no previous existence or basis. The Government stepped in to take
charge of a movement which was in any case coming into existence and whose
development it foresaw was inevitable.
"The formation of the National Congress represented from the point of view of the
Government an attempt to defeat or rather forestall, an impending revolution."9 Hume in
his official capacity had received possession of the voluminous secret police reports
which revealed the growth of popular discontent and the spreading of underground
conspiratorial organisation. He estab-THE HISTORICAL CONTEXT.... THE INDIAN
NATIONAL MOVEMENT
29
lished contact with the Viceroy, Lord Dufferin, an experienced politician, in the early part
of 1885, to place the situation before him. It was at this interview, in the headquarters of
imperialism at Simla, that the plan of the Indian National Congress was hatched.
Hume's own conception of the role of the Congress may here be quoted : "A safety-valve
for the escape of great and growing forces, generated by our action, was urgently needed
and no more efficacious safety-valve than our Congress movement could possibly be
devised."
Lord Dufferin's aim to build up through the Congress a basis of support for the
Government, by separating the 'loyalist' elements from the 'extremists', was very clearly
set out in his speech on the demands of the educated classes in 1886. The calculation of
Dufferin was perfectly clear. The first Congress was most dutiful to imperialism; its nine
resolutions cover only detail administrative reform suggestions; the nearest approach to
national democratic demand was the request for the admission of some elected members
of the legislative council.
It may be true that Hume's main purpose in encouraging the foundation of the Congress
was to provide a 'safety-valve' or a safe outlet to the growing discontent among the
educated Indians. He wanted to prevent the union of a discontented nationalist
intelligentsia with a discontented peasantry. By patronising a mild political movement he
hoped to prevent it from getting out of control. ,
But this explanation is, however, totally inadequate and misleading as an explanation of
the foundation of the National Congress. This at the most explains to a limited extent
Hume's role in the episode. The Indians who actively worked for the creation of an all
India political organisation represented new social forces that were increasingly opposed
to the exploitation of India for British interests. They needed an organisation that would
fight, for India's political and economic advancement. They were patriotic men of high
character and were in no way stooges of the foreign government. They co-operated with
Hume because they did not want to arouse official hostility to their early political efforts
and they hoped that a retired civil servant's active presence would allay official
suspicions. If Hume wanted to use Congress as a 'safety-valve', the early Congress
leaders hoped to use him as a lightening conductor' Gopal Krishna Gokhale was to point
out later in 1913 that:
"No Indian could have started the Indian National Congress.....If
an Indian had.....come forward to start such a movement, embracing all
India, the officials would not have allowed it to come into existence. If the founder of the
Congress had not been a great Englishman and a distinguished ex-official, such was the
distrust of political agitation in those days that the authorities would have at once found
some way or the other of suppressing the movement."
This two-fold character of the National Congress in its origin is very important for all its
subsequent history. This double strand in its role and being run right through its history
so long as it functioned as the organ of the national movement; on the one hand, the
strand of co-operation with imperialism against the 'menace' of the mass movement; on
the other hand, the strand of leadership of the masses in the national struggle. This two-
fold character, which can be traced through all the contradictions of its leadership, from
Gokhale in the old stage to his disciple, Gandhi, in the new, was the reflection of the two-
fold10 or30
INDIAN GOVERNMENT AND POLITICS
Popularity of the Congress : Was the Congress a National Organisation
It is true that Congress was ushered into existence without tumultuous scenes of fervid
excitement and boisterous enthusiasm which accompany a political revolution. At the
first meeting, there were only 72 delegates, but subsequently the number increased. In
1886 the number of its members increased to 406 in 1887, they became 600 in 1888, the
number reached to 1248, and in less than two decades the Congress began to draw the
attention of the masses. Its doors were opened to all, and it knew no difference between
'British India' and 'Princely India', between one province and another, between the classes
and masses, between the rich and the poor, between towns and villages, between
agricultural and industrial interests and between castes and communities.1
For a long time, however, the claim of the Congress to be considered a national
organisation was disputed by its critics. Some called it a 'Bengali Congress'; others dubed
it 'Hindu Congress'; while some denounced it as an organisation of the 'Educated
minorities' in the country. But-a look into the nature of membership and aims and objects
indicated that the Congress was a cosmopolitan organisation. Almost all the leading
personalities of the country except Sir Syyed, joined the Congress. The first President of
the Congress was an Indian Christian W.C. Bonerjea; the second was a Parsi, Dadabhai
Naoroji; the third a Muslim, Tyabji and the fourth and fifth were two Englishmen,
George Yule and Wedderburn respectively. The sessions of the Congress were attended
by representatives of all communities. The Muslim community was divided and section
under the leadership of Sir Syyed Ahmed Khan actively opposed the Congress after 1886.
Even then, the number of Muslim delegates increased from 2 at Bombay to 33 at Calcutta
and 81 at Madras. In 1890, at the sixth session, there were 156 Muslims out of 702
delegates or 22 per cent.
The early resolutions and programmes of the Congress revealed that it was interested not
only in the betterment of one or two particular classes of India but in the uplift of all. It
demanded not only political right for the people but economic and social justice too.
Although it started as a small body to express and not to press the demands of Indians but
as the time passed at its every session more and more people began to participate in its
deliberations. Its character became quite representative. In the words of G.N. Singh, 'The
Congress was a national organisation and represented all the people of the country."12 The
claim of the Congress to be a national organisation was best put by Mahatma Gandhi at
the Second Round Table Conference in London when
he said : 'The Congress is the oldest political organisation we have in India.....It
represents no particular interest. It claims to represent all Indian interests and all
classes....""
Methods of Early Congress
The sessions of the Congress in the early years were conducted in a decorous, sober and
rather subdued spirit. There was no revolutionary fervour in the resolution or the
speeches. Moderation was their keynote. The Presidential addresses recounted the
benefits of British rule, contained assurances of India's loyalty to the crown and reiterated
India's desire to remain within the British empire.
The Congress affirmed its loyalty to the Queen and with the dignity and moderation of a
debating society, it sought by resolutions made at its annual meetings to rouse British
conscience to certain inequities of British rule and the justice of Indian claims for greater
representation in the civil services andTHE HISTORICAL CONTEXT.... THE INDIAN
NATIONAL MOVEMENT
31
in the legislative councils at the centre and in the provinces. The Indian liberals who
dominated the Congress from 1885 to 1905 had an almost unlimited faith in British
democracy. "England is our political guide," Bonerjea declared. The demands of the
Congress were couched in the phraseology of importunity and prayer rather than defiance
or challenge.
The early Congress leadership believed that a direct struggle for the political
emancipation of the country was not yet on the agenda of history. What was on the
agenda was the arousal of national feeling, consolidation of this feeling, the bringing of a
large number of the Indian people into the vortex of nationalist politics and their training
in politics, political agitation and struggle. The first important task in this respect was the
creation of public interest in political questions and the organisation of public opinion in
the country; secondly, popular demands had to be formulated on countrywide basis so
that the emerging public opinion might have an all India focus.
Objects of Early Congress
The objects of the Congress in its earlier phase were outlined within the framework of the
ideas and attitude of those who formed the new organisation. These were enunciated by
W.C. Bonerjea in 1885 under the following heads :
(a) The promotion of personal intimacy and friendship amongst all the more earnest
workers in our country's cause in various parts of the empire.
(b) The eradication of all possible race, creed or provincial.....and the fuller
development and consolidation of sentiments of national unity.....
(c) The authoritative record......of the matured opinions of the educated
classes in India on some of the more important and pressing of the social questions of the
day.
(d) The determination of the lines upon, and methods by which, during the twelve
months, it is desirable for native politicians to labour in the public interest.
The very first Congress prayed for the expansion of the supreme and local legislatures,
admission into them of a considerable proportion of elected members and the
enlargement of their functions. It was in effect a proposal for a change from an
irresponsible system of government to one based on consultation with the representatives
of the people. This resolution was repeated in subsequent sessions.
Although the Congress was a middle class organisation, it interested itself in the needs of
all classes. If, for the middle classes, it asked government to extend opportunities of
employment, both in the civil and military services, especially in the higher ranks, it
championed the cause of the rural agricultural classes by demanding permanent
settlement of land revenue paid by the landlords, and of rent paid to the landlords by their
tenants. It protested against forest laws which created hardships for the poor villagers and
against the salt tax which made inroads into their slender income by levy on an article
indispensable for consumption.
Then, the Congress resolutions dealt with financial matters like the unfair burden of
military expenditure, manipulation of foreign exchange to the detriment of the Indian
economy, high expenses of administration, heavy taxation, the tariff policy and the excise
duties. These last were intended to protect the32
INDIAN GOVERNMENT AND POLITICS
The early Congress laid much stress on the neglect of the education of the masses,
suggested improvements in the administration of law and justice, especially
recommending the separation of the judicial and executive functions and drew attention
to the defects in the laws of local self Government.
The Early Congress : An Estimate
In the early period, the Congress was an organisation of the educated middle class. It has
not reached the masses and its demands were primarily the demands of the educated
middle class and rising Indian industrialists. However, it played an extremely significant
role in the early stages of the growth of the Indian nationalist movement. Its emphasis on
national unity, its criticism of the drain of Indian wealth, its demand for representative
institutions, its opposition to repressive measure like the Arms Act and its constant
underscoring of people's poverty as the basic factor of Indian politics helped to put the
nationalist movement on sound foundations.
Although numerically weak and possessed of neither wealth nor power, the Congress
represent the head and heart of new India. Tara Chand, the noted historian, has very
rightly observed, "In its deliberations was reflected the ideal of India's political, social
and economic betterment, and its resolutions were inspired by India's urge for an ampler,
higher and free life. The Congress was the symbol of new India and the living witness of
her moral personality. As time passed the Congress became the embodiment of India's
political hopes and aspirations, the instrument of India's struggle for independence."14
MODERATE NATIONALISM
National movement in India passed through several phases. In its first phase which
started from 1885 to 1905, the Congress was controlled by liberals. By and large the
leaders of the movement were armed chain educated persons who had their own
convictions about British rule in India. The British authorities in India looked with favour
upon the new organisation. One of its chief founders was an Englishman, Allan Octavian
Hume and several Englishman and one English woman (Mrs. Annie Besant, the famous
theosophist) were Presidents of the Congress. Hume conceived of the Congress as a
means of channelling the growing discontent in the subcontinent in a constructive way.
Lord Dufferin, then Viceroy in India, gave his blessing to the movement. The object of
the Congress was not at first separation from Great Britain, but continued association
with it; the views of the Congress were presented in moderate terms and they were
confined largely to requests for administrative reforms and for the greater participation of
Indians in the British controlled administration and in local and national elective bodies.
Surendra Nath Baner-jee, one of the early leaders of the Congress, declared as late as
1895, "It is not severance that we look forward to—but unification, permanent
embodiment as an integral part of that great empire that has given the rest of the world
the models of free institutions."15 These people had founded the organisation not with the
object of any hostility with the government. They wanted to have legislative reforms by
representation. About these leaders Pradhan makes us believe that, "The organisers and
promoters of the Congress were not idealists who had built their habitation on the
horizon; they were practical reformers and imbued with the spirit, principles and methods
of Victorian liberalism and bent on winning freedom by gradual stages, bordering from
step to step."16THE HISTORICAL CONTEXT .... THE INDIAN NATIONAL MOVEMENT
33
Early Congress and Its Liberal Resolutions
The Congress followed a moderate programme during the first few years of its coming
into existence. The aim of the Congress as outlined by its first President, W.C. Bonerjea,
was to 'enable the workers in the cause of national progress to become personally known
to each-other' and to unite the people of India for common political ends irrespective of
'differences' in respect of race and language, or social and religious institutions. 'The
Congress held its sessions once a year and passed resolutions for the consideration of
government. They demanded not independence but representative institutions.'
The first Congress adopted resolutions asking for : (a) enquiry into the Indian
administration by a Royal Commission, (b) the abolition of the India Council of the
Secretary of State for India, (c) the expansion and reform of the imperial and local
legislative councils, established under the Indian Councils Act of 1861, including the
right of interpellation and the submission of the Budget to the Councils, (d) the holding of
the ICS examination both in England and India, and (e) the reduction of military
expenditure.
To these demands were added a few more in subsequent sessions of the Congress and
more important of them were : (i) Indians must be admitted into public services in large
measure, (ii) the legislature should be thrown open to election and the right of
interpellation and discussion of the budget should be relaxed, (iii) the taxes should be
moderate, (iv) the judicial and executive branches must be separated, (v) Indians should
be given a place in the Executive Councils of Provincial and Central Government and in
the Council of the Secretary of State, (vi) the annual drain to England should be stemmed
and indigenous industries fostered, and (vii) land revenue should be reduced and
permanent settlement should be made.
The above-mentioned demands in the framework of resolutions in the early years of the
Congress, the political leaders of India were far from the concept of complete freedom
from British rule. In fact, they wanted to improve the lot of Indian masses under the
shadow of British skill, they had no idea of cutting off all connections with the British
Throne. They did not believe that interests of the Indians cut across the interests of the
English; these, for them, were rather complementary and supplementary.
Moderate Nationalists : Their Demands, Ideology and Principles
The early phase of national movement known as the phase of Moderate Nationalism
lasted from 1885-1905 and their main demands, ideology and principles were :
1. Constitutional Reforms : The liberals had deep love for representative institutions and
wanted to introduce them in India. In their philosophy the only feasible solution to India's
political problems was increasing share of Indians in the legislatures. They demanded the
widening of the powers of the councils and an increase in the powers of the members to
discuss the budget and to question and criticise the day to day administration. Most of all
they demanded membership of the councils for the elected representatives of the people.
They raised the slogan : "no taxation without representation."
2. Economic Reforms : Perhaps the most important part of the liberals political work was
their economic critique of imperialism. They took note of all the three forms of
contemporary economic exploitation, namely, through trade, industry and finance. They
clearly grasped that the essence of British economic
of the Indian economy to the British_ «^i .yj. xnu.ia a traditional handi _____~ K
ii& U

ucveiup-
ment of modern industries. The chief remedy suggested by them for the removal of
poverty was the modernisation of Indian life in all fields, and in particular, the
development of modern industry. They urged the Government to aid Indian industries
through financial subsidies, loans and guarantees through state aided or controlled banks.
3. Agrarian Reforms : The liberals carried on a persistent agitation for the reduction of
the heavy land revenue demand. They urged the Government to provide cheap credit to
the peasantry through state-sponsored agricultural banks and to made available large-
scale irrigation facilities. Some of them also criticised the semi-feudal agrarian relations
that the British sought to maintain. They also agitated for improvement in the conditions
of work of the plantation labourers.
4. Taxation and Expenditure Reforms : The liberals demanded a radical change in the
existing pattern of taxation and expenditure. They pointed out that the existing system of
taxation put heavy burdens on the poor, while leaving the rich, especially the foreigners,
with a very light load. They, therefore, demanded abolition of the salt tax and other taxes
that hit the poor and the lower middle classes hard. The existing pattern of expenditure,
they said, was geared to the imperial needs of Britain, instead of promoting the
development and welfare of the Indians. They condemned the high expenditure on the
army that was used to maintain Britain's domination in Asia and Africa. They also
attacked the expenditure on the Civil Service whose members were paid high salaries that
were out of all proportion to the level of the economic development of the country.
5. Administrative Reforms : The liberals were fearless critics of individual administrative
measures and worked incessantly for the reform of an administrative system ridden with
corruption, inefficiency and oppression. The most important administrative reform for
which they agitated was the In-dianisation of the higher grades of the administrative
services. They demanded the separation of the judiciary from the executive so that the
people might get some protection from the arbitrary acts of the police and bureaucracy.
They criticised the delays of law and the high cost of the judicial process. They opposed
the policy of disarming the people and argued that all people had the right to bear arms.
The liberals made a great advance in their political goals at the turn of the century. Their
demand was no longer confined to petty reforms. They now demanded full self-
government, including full Indian control over all legislation and finances, on the model
of the self-governing colonies of Canada and Australia. They now demanded a change in
the system. For example, this demand was made by Dadabhai Naoroji in 1904 and Gopal
Krishna Gokhale in his presidential address to the Congress in 1905. Dadabhai Naoroji
was the first Indian to use the word 'Swarajya' for this demand at the Calcutta Session of
the Congress in 1906.THE HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
35
The Attitudes of Moderate Nationalists towards British Government
The Liberals had a great faith in the justness of British Government. They believed that
as soon as the British Government was convinced of the justness of their demands, these
would be accepted. What these men thought was that India needed a balanced and lucid
presentation of its needs before the Englishmen and their Parliament. Most of them came
from the upper strata of Indian society and were in most cases the product of Western
education. They had faith in the British sense of justice and fairplay and believed that
India's connection with the West, through England, was a boon rather than a curse. They
wanted not separation but association with Britain. W.C. Bonerjea, in his Presidential
address said, "She (Britain), had given them order, she had given them railways, and
above all, she had given them the inestimable blessing of western education."
Pherozeshah Mehta declared in 1890, "I have no fears but that British statesmanship will
ultimately respond to the call. I have undoubted faith in the living and fertilizing
principles of English Culture and English Civilization." Anand Mohan Bose, who
presided over the Madras Congress in 1892, said : "The educated classes are the friends
and not the foes of England—her natural and necessary allies in the great work that lies
before her." S.N. Banerjee even proclaimed : "England is our guide" and Ambika Charan
Majumdar observed, "Every heart (in India) is beating in unison with reverence and
devotion to the British Throne." M.G. Ranade was convinced that association of Britain
and India was fortunate one for both the peoples. Thus the Indian liberals who dominated
the Congress from 1885 to 1905 had an utmost unlimited faith in British democracy.
They had complete faith in the magnanimity of the British and greatness of the British
institutions. They thought that India would progressively proceed towards the goal of self
government within the British empire by following constitutional methods and by
following the policy of co-operation with the British Government. They worked on the
premise that the interests of both England and India were identical.
Methods and Techniques of Moderates
It was the methods of political work of the liberals that earned them the title of
Moderates.17 These methods can be summed up briefly as constitutional agitation within
the four corners of the law and slow, orderly political progress. The liberals were opposed
to violence or force for getting their political problems solved. They had faith in non-
violence and making prayers and representations. They believed that their main task was
to educate people in modern politics, to arouse national political consciousness and to
create a united public opinion on political questions. They held meetings where speeches
of a very high political and intellectual calibre were made and resolutions setting forth
popular demands were passed. They also sent numerous memorials and petitions on high
Government officials and the British Parliament. Their technique was to influence the
British government and British public opinion to introduce the desired changes. They
initially believed that the British were unaware of the real conditions of India. They,
therefore, set-out to enlighten the British public and political leaders through memorials
and petitions and by carrying on active political propaganda in Britain.
Moderate Leaders
During the first two decades of its existence the Congress was under the
direction of Indian liberals who were English educated and admirers of Western
ideas and institutions and it drew its support from a small but influential group
.-~.L_:_ „„,! f>,o rnmrnfircial classes. Among its early leaders were36
INDIAN GOVERNMENT AND POLITICS
Dadabhai Naoroji (1825-1917), Surendra Nath Banerjee (1848-1926), Justice M.G.
Ranade (1842-1901) and Pherozeshah Mehta (1845-1915). Towards the end of this
period the leading figure in the Congress was G.K. Gokhale (1866-1915), a disciple of
Ranade, who devoted his life to the public service. For some years, until his death in
1915, Gokhale maintained his position of leadership of the Congress, save for the years
when the extremist group in the Congress had the upper hand. In 1885, he joined the
Deccan Education Society and he taught for several years at Fergusson College in Poona,
which the society established in the year in which he became associated with it. In 1905,
he founded the Servants of India Society, an organisation dedicated to the public welfare,
which Gandhi once tried in vain to enter. Gandhi, however, regarded Gokhale as his
'political Guru'. For the last thirteen years of his life Gokhale was a member of the
Imperial Legislative Council. While he believed in co-operation with the British and in a
policy of gradualism, he did not hesitate to criticise British policies. His annual speeches
on the imperial budget in the Imperial Legislative Council were brilliant exposer of the
economic shortcomings of British rule. Lord Curzon had the greatest respect and
admiration for him. "God has endowed you with extraordinary abilities", he once wrote
to him, "and you have placed them unreservedly at the disposal of your country." He
made such impression upon British people during succesive visits to England that Mr.
Massingham, the great editor of The Nation, remarked that there was no statesman in
England comparable to Gokhale, that he was easily greater than Mr. Asquith himself. 18
Role of the Moderates in Freedom Struggle : An Estimate
The Liberals had among them very brilliant sons of all India reputation but they would
not maintain healthy contacts with the masses. No doubt, they themselves were
intellectuals and patriots and also had deep affection for India but at the same time they
were only leaders and not the followers. They remained out of touch with the masses.
Thus, under their control the Congress remained only a class organisation which
subsequently led to failure of liberals in India.
But even then the liberals played a very significant part during their own times in India's
freedom struggle. They exposed the exploitation of the British rule. They popularised
among the people the ideas of democracy and civil liberty. They made the people of India
conscious of the bonds of common political, economic and cultural interests. They
prepared a strong base for the future freedom struggle. Due to strenuous efforts of the
moderates, the Act of 1892 was framed which was far ahead of the Act of 1861.
The period from 1885 to 1905 was the seed-time of Indian nationalism, and the
moderates sowed the seeds well and deep. It can, therefore, be said that in spite of their
many failures, the moderate nationalists laid strong foundations for the national
movement to grow upon and that they deserve a high place among the makers of modern
India.
EXTREMIST NATIONALISM
In the closing years of 19th and the early years of 20th Century several forces and events
combined to give birth to an extremist movement in Indian politics. Lokmanya Bal
Gangadhar Tilak from Maharashtra, Lala Lajpat Rai from Punjab and Bipin Chandra Pal
and Shri Aurobindo Ghosh from Bengal were the prominent leaders of the new
movement of militant nationalism. They did not believe in the policy of political
mendicancy—in prayers, appeals and petitions to the British but in direct action and mass
agitation for achieving theTHE HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
37
demands. They emphasised the need for self-reliance, discipline, organisation and
preparedness. Aurobindo Ghosh propounded the theory of passive resistance which much
later, in the hands of Gandhiji was to become a powerful weapon. Lokmanya Tilak said,
"Swaraj is my birth right and I must have it." The maxim later inspired many generations
of freedom fighters.
Causes of the Growth of the Extremist Movement
There were many reasons for the growth of extremism in contemporary Indian politics.
They were :
1. Discontent over the Congress Policy of Political Mendicancy : During the first 15
years of its existence for the achievement of its objectives the Congress stuck to the
method of petitions and prayers alone. But the turn of the Century marked the beginning
of a new phase in the political life of India. This was the emergence of militant leadership
in Congress. The new leaders of the movement were Tilak, Pal and Lajpat Rai. These
men denounced the Congress policy of the past 15 years as 'political mendicancy,'
condemned the peaceful and constitutional methods as 'useless' and eulogized the virtues
of direct action and forceful activity.
2. Discontent over the Reforms of 1892 : There was dissatisfaction with the working of
the Act of 1892. The rights conferred by the Act were quite inadequate and disappointing.
The councils were still ridden with official nominees with the result that the Government
faced with no opposition in making laws. Even the elected members did not represent the
voice of the people. The Government paid no heed to Congress demands of the
Indianisation of services, reduction of military expenditure or lowering of taxes on the
people.
3. Revivalism of Hinduism : In the last decade of 19th Century, the flood of religious
revivalist sentiment was swamping the country and a feeling of pride in the past and of
self-respect was roused. Vivekananda's triumphant tours were inspiring fresh hopes of a
glorious future and the superiority of the West over the East was fast being repudiated.
Swami Dayananda Saraswati, Mrs. Annie Besant, Tilak and Aurobindo reminded the
people of their glorious past and the superiority of Vedic culture. There teachings nursed
the spirit of virile nationalism in the country. Shri Aurobindo declared that, "Nationalism
is a religion that comes from God." He also stated "Independence in all our movements is
the goal of life and Hinduism alone can fulfil this aspirations of ours." In Bengal, the
worship of Kali and Durga was revived so as to inspire the people to take to arms against
the usurpers of India's birth right of freedom.
4. Famine and Plague : During 1896 and 1900, a series of famines overtook different
parts of the country and several million people were affected. Although the Government
devised the Famine Code of India people died in large numbers. At about the same time
virulent bubonic plague broke out in the Bombay Presidency and thousands of people
died. The measures taken by the Government to control the epidemic were both defective
and inadequate.
5. The Impact of Foreign Events : Events in many foreign countries during this period
also helped to generate among the Indian people a militant nationalism. Especially the
emergence of Japan as a modern powerful country after 1868 gave a new hope to Indians.
Japan had proved that even a backward Asian country could, through its own efforts can
become strong without help or
hands of38
INDIAN GOVERNMENT AND POLITICS
Ethiopia in 1896 and the victory of Japan over Russia in 1905 proved false all claims of
white superiority over other people.
The fight of the people in Ireland, Russia, Egypt, Turkey and China for freedom proved
to the Indian people that a united nation, prepared to suffer for its principles, could fight
against even the most powerful government.
6. Repressive Policy of Lord Curzon : When Lord Curzon entered the scene, the ferment
of extremism had already begun to work. His policy only quickened its growth. He
attacked the cherished ideals of local self-Government, educational autonomy and
freedom of the press. He curtailed the number of Indians in the Calcutta Corporation. He
increased the official control over the Indian Universities in the name of educational
reforms. His Indian official secrets (Amendment) Act aimed protecting the oppressive
officials from public criticism. It seemed to be a continuation of Lytton's policy and
turned the press more nationalist than before. He spent Indian money lavishly on foreign
missions, the Delhi Durbar and the Tibetan expedition. According to Tara Chand,
"Whatever Curzon did, good or bad, because it was based upon the assumption of racial
superiority, was repugnant to Indian sentiment."
7. Partition of Bengal: The partition of Bengal opened a new phase in the struggle for
national independence. It was ostensibly for better administration of an unwieldly
province but really for curbing the radical Bengali nationalists. When Curzon set about
partitioning Bengal, he had the sinister motive of creating a Muslim majority province
and thereby creating a rift between Hindus and Muslims. He fully followed the principle
of 'divide and rule' and without paying any heed to the feelings of the people planned to
partition Bengal in 1905. There was a widespread agitation in the country against his
high-handed action in forcing the partition of Bengal. The partition gave impetus to the
boycott of British goods and advanced the Swadeshi movement for the use of indigenous
products. A storm of protest, under the leadership of Surendra Nath Banerjee and such
eminent Bengalis as Rabindra Nath Tagore, brought widespread popular opposition to the
British Raj.
Thus, Lord Curzon and his policy were largely responsible for strengthening the forces of
extremism and intensifying the national movement.
8. Miserable plight of Indians abroad : The anti-British feelings were further roused by
the treatment out to Indians in the British Colonies in Africa, particularly in South Africa,
where they were treated as 'social sub-castes'. In some places, they could even walk on
footpaths, could not travel in first and second class compartments of railways and could
not go out of their houses after 9 o'clock in the night, Dr. B.S. Moonje, who returned
from South Africa in 1903, regretted that "our rulers do not believe that we are men."
B.N. Sharma told the British that there could not exist in the Empire "a permanent racial
supremacy, one race dominating another." The Congress, in its annual sessions, adopted
resolutions expressing annoyance and displeasure over the ways the Indians were being
treated within the Empire. But the policy-makers in London remained unmoved and the
condition of the Indians abroad continued to deteriorate.
The Split of the Congress : Emergence of Extremists
The first definite manifestation of split in the Congress rank took place in the annual
session of the Congress at Varanasi in December 1905. Every one of the 758 delegates
attended the Congress on December 27-30, 1905, felt that the country was passing
through a crisis. Gokhale, who presided over theTHE HISTORICAL CONTEXT.... THE
INDIAN NATIONAL MOVEMENT
39
session made an assessment of the British rule in India and condemned Lord Curzon's
administration in most scathing terms. But the 'Boycott Resolution' proved a bone of
contention. The Bengal delegates, particularly the Extremist or Nationalist section desired
that the Congress should give its seal of approval upon the Boycott movement. But the
Moderate leaders were averse to it as it was in conflict with the policy of petition and
persuasion which they had hitherto pursued. The Moderates proposed to send a message
of welcome to the Prince and Princess of Wales during their forthcoming visit to India.
But the delegates from Bengal opposed it on the ground that Bengal was in mourning and
could not receive the Prince with a smiling face. The Moderates were sure of getting it
passed by a majority of votes but absence of unanimity would take away the grace and
charm of such a message. At last both sides yielded to a considerable degree and a
compromise was effected. The Bengal delegates agreed to leave the Congress Pandal
before the resolution about the message was moved, so that it might be unanimously
passed. On their side the moderates offered an indirect support to the Boycott movement.
The year 1906 witnessed a distinct cleavage between the two political groups, known at
that time, as the Moderates and the Extremists. The Moderates had scored a triumph over
the Extremists, in the matter of selecting the President. It was actually in the air that the
Extremists would propose the name of Tilak. To avert such a contingency the Moderates
forestalled any move on the other side by persuading Dadabhai Naoroji then 82 years old
to accept the Presidentship of the Congress. The President's speech showed that he was
altogether out of touch with the new spirit that was animating India. The only redeeming
feature of the President's speech was the reference to Swaraj as the goal of India, uttered
for the first time on the Congress platform by Dadabhai Naoroji. But he did not choose to
define Swaraj or explain what he meant. So the Moderates and the Extremists put
different interpretations upon it.
It had been decided in the Calcutta session that the next annual session of the Congress in
1907 would be held at Nagpur. When the preliminary arrangements were being made,
there were acute difference between the two groups at the meeting of the Reception
Committee over the election of the President. The meeting broke out in confusion and the
venue of the Congress was shifted to Surat.
The extremists opposed the venue of the session and alleged that Surat was purposely
selected by the Moderates as a safe place where they could, with the help of local
delegates, have their own way. The Extremists wanted Tilak to preside but the Moderates
were opposed to this. The Reception Committee elected Dr. Rash Behari Ghosh to be the
President and the Extremists resented it as 'undemocratic'.
The Congress met for the first day on 7th December. Dr. Ghosh read out his address of
welcome. Then, his name was proposed for Presidency of the Congress for approval by
the 1,600 delegates. When S.N. Banerjee proceeded to second the proposition, the
Extremists created a pandemonium. They wanted an open election of the President. The
disorder was so great that Dr. Ghosh adjourn the meeting. When the delegates met next
day there was again a general melee. Shoes and stones were hurled; Chairs were thrown
and sticks brandished. The President, finding that the disorder went on increasing,
suspended the session of the Congress sine die. On the 28th December, an attemnt was
made to arrive at a compromise and Tilak formally gave in writing40
INDIAN GOVERNMENT AND POLITICS
the election of Rash Behari Ghosh as President and were prepared to act in the spirit of forget and
forgive, provided, the last year's resolutions on Swadeshi, Swaraj, Boycott and national education
were adhered to and re-affirmed. Tilak's letter was taken to the Moderate leaders but no
compromise was arrived at. A convention of the Moderates was, therefore, held in the Congress
Pandal the next day, where the Extremists were not allowed to go,^ven some of them were ready
and offered to sign the required declaration. The Moderates eventually decided to have no
connection in future with the Extremists. The Moderates took control of the Congress
organisation and rewrote its constitution. The Extremists, meeting under the chairmanship of
Aurobindo Ghosh, re-affirmed their belief in Swaraj, Swadeshi, boycott and national education.
"The unfortunate split at Surat is a great landmark in the history of the Congress, as it practically
ended the first phase of that great national organisation."19
The Political Ideology and Principles of the Extremists
Under the influence of the Extremists, the nationalist movement gave up the practice of merely
issuing appeals to the government and adopted new radical ways of political agitation. The
demands put forward also assumed a more radical character.
The Extremists believed that freedom never comes by making representations and requests. They
were opposed to the idea that the Britishers were in any way superior to Indians and that their
stay in the Country was in any way to the advantage of people of India. They believed that the
Britishers were exploiting Indians and reducing them to poverty. Unlike the Moderates, the
Extremists asserted that political freedom could be won only by waging a war against the enemy.
Whereas the Moderates believed that they would be able to achieve self-government with the
blessings of British rulers, the extremist Tilak declared that "Swaraj is my birth right and I will
have it."
The Extremists, unlike the Moderates, did not praise the western culture and civilisation. They
openly said that their aim of struggle was not merely to get legislative reforms in piecemeal, but
to have Swaraj in which the people of India will have full share in running their administration
and propagate glory of their ancient culture and civilisation. These people made it very clear that
they had no faith in British sense of justice and fair play and in fact British Government in India
had not proved itself worthy of that. Also unlike the Moderates, the Extremists openly used
Hindu religious symbols and traditions to stimulate nationalist sentiments among the masses.
They never stopped attacking the Moderates for their subservience to the western culture.
Programme and Methods of the Extremists
After having determined the goal of complete self-rule, the Extremists devised a three-fold
programme for effective political action. It comprised boycott, swadeshi and national education.
Originally, the programme was designed for use in Bengal to undo the wrong that had been done
by Curzon, but soon it was realised that the policies of the British affected the entire country, and
the decision was, therefore, made to enforce the programme all over India.
The call for boycott and swadeshi was given at thousands of public meetings all over Bengal and
in most of the major cities and towns of India. It had two aspects. On the one hand, British wares
were burnt at public places and shops selling them were picketed; on the other, a vigorous drive
was made for the production and sale of Swadeshi goods. The confectioners vowed against THE
HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
41
using foreign sugar, washermen against washing foreign clothes, priests against
performing pujas with foreign materials. Women of Deccan and Bengal gave up foreign
bangles and glass utensils. Students refused to use foreign paper. Even doctors and
pleaders refused to patronise dealers in British manufactures. On the positive side, the
movement gave a stimulus to cottage industries and even large-scale enterprises of
various sorts. Swadeshi textile mills, match and soap factories, potteries and tanneries
sprouted up everywhere. The third programme of the Extremists was national education.
Western learning was decried and Indian philosophy, culture and way of life eulogized.
Efforts were made to awaken the pride of the Indian people in their past. A programme of
setting up national educational institutions was drawn up to re-emphasize and to re-teach
the classical values to the younger generation.
The Extremist Leaders
The Extremists drew its chief support from Bengal, Maharashtra and the Punjab. In
Bengal the leaders were Bipin Chandra Pal and Aurobindo Ghosh, in the Punjab the chief
leader was Lala Lajpat Rai and in Maharashtra the more militant school of nationalism
was led by Bal Gangadhar Tilak. The movement in Bengal was strongly coloured by the
religious mysticism of the great Hindu mystic Rama Krishna Paramhans, especially as
interpreted by his greatest disciple, Swami Vivekanand.
\
Tilak turned to India's past for inspiration and he sought to induce a spirit of pride and
self-respect in his fellow countrymen. He revived the cult of Shivaji and the Ganapati
festivals, and used these for political purposes. Later, during his years of exile and
confinement in Mandalay (1908-14), he wrote a lengthy commentary on Bhagavad Gita,
in which he reinterpreted that great Indian classic as preaching a philosophy of political
and religious action.
The British journalist, Valentile Chirol, called Tilak "the Father of Indian Unrest."
Undoubtedly, the policies which he championed were twisted by more extremist
followers into a philosophy of justiciable violence and his own attitude towards the many
acts of violence which agitated Bengal after 1908 was always rather paradoxical. But he
was not himself an apostle of violence. He was a spokesman of the extremist of
nationalist group within the nationalist movement which emphasised the political struggle
rather than social and economic reforms, which distrusted the British rather than believed
in the importance of co-operating with the foreign rulers and which advocated stronger
pressures than the moderates were willing to endorse. 'Political rights,' argued Tilak, "will
have to be fought for. The Moderates think that these can be won by permission. We
think that they can be got by strong pressure." He was perhaps the first nationalist leader
who had a great appeal to the masses of the people. In a sense he foreshadowed the great
work of Mahatma Gandhi in this respect. He is still referred to today by the name by
which he was best known during his lifetime : 'Lokamanya'.
DIFFERENCES BETWEEN THE MODERATES AND THE EXTREMISTS
While the main support for the Moderate leaders had come from the intelligentsia and the
urban middle class, the new leaders 'the Extremists'who emerged appealed to a wider
circle of the lower middle classes, the students, and even a section of the workers and
peasants.
The fundamental differences between the two parties concerned both the nolitical eroal
and the method to be adopted to achieve it. As regards the goal,42
INDIAN GOVERNMENT AND POLITICS
self-government, but the Extremist Party's ideal was absolute autonomy free from foreign
control.
As regards the method, the Moderates believed in the policy of political mendicancy—in
prayers, appeals and petitions to the British while the Extremists concentrated its whole
attention upon the attainment of Swaraj or self-government. Their programme was
boycott, swadeshi and national education. The Extremists prescribed organised 'Passive
Resistance' as the only effective means, by which the nation could wrest the control of
national life from the grip of an alien bureaucracy.
Appraisal of Extremist Nationalism : The British Government tried to deal with the
Extremist nationalists with firmness. It arrested and deported most of the extremist
leaders and completely banned their newspapers. Despite this policy of repression, the
activities and policies of the Extremists continued to gain in popularity. People developed
a growing admiration for the Extremist leaders who by their self sufferings stirred their
hearts and promoted the spirit of self-reliance and self-confidence amongst the people. In
the words of Bipin Chandra, "The Extremists had added a glorious chapter to the history
of the national movement.....New methods of political struggles had been introduced."20
According to N.D. Palmer, "Tilak and others in the extremist group preached a kind of
Hindu revivalism which gave new life to the nationalist movement, but which at the same
time further alienated many Muslims from the movement."21
MAHATMA GANDHI AND NATIONAL MOVEMENT
The most important event in Indian politics in 1919 is the emergence of Mahatma Gandhi
as the political leader. In 1915, M.K. Gandhi returned to India after 20 years in South
Africa. In South Africa, he had gone upon completing several years of study in England,
he developed ideas and a philosophy of action which represented his own individualistic
blend of Western and Indian ideas and practices. Notable among these were his concepts
of Satyagraha, which he often translated loosely as 'soul force', his emphasis on the
doctrine of Ahimsa, or non-violence, and his theories of the relation of ends and means.
For some months after his return to India he travelled about the country and observed
conditions at first hand. Then became to take an active part in the freedom struggle,
through the Congress and the Home Rule League. He had firm belief in the policy of co-
operation with the Government. During the World War-I, Gandhiji had fully extended his
help and co-operation in the war efforts of the Government for which he was honoured
by conferment of the gold medal Kaisar-i-Hind.
After the death of Tilak in 1920 Gandhi became the unquestioned leader of the nationalist
movement, although some other nationalist leaders, Hindus as well as Muslims, did not
approve of his methods and although he sometimes openly disagreed with Congress
policies. But whether his advice was followed at a given time or not, and whether he was
in the forefront of the nationalist struggle or in prison or in 'retirement' he gave the
struggle the imprint of his powerful personality. Gandhi had the courage of his
convictions and he won a following among the masses of the people that is unparalleled
in the long course of Indian history. He gave a new direction and a new purpose to the
nationalist struggle. It is impossible to exaggerate his contribution, not only to the
nationalist cause but to the rebirth of modern India in far more than a political sense.THE
HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
43
The Congress might have lost much of its momentum if it had not come under the
influence of a man who was big enough to bring the different factions together and to
give the movement a mass base, a new technique of political action and a deeper
meaning. Gandhi taught that Swaraj should be the goal and Satyagraha the means, but
first the people of India should understand the means and be worthy of the goal. "The
English have not taken India," Gandhi declared, "We have given to them....It is Swaraj
when we learn to rule ourselves."
"After Tilak's death in 1920, the leadership passed into the hands of M.K. Gandhi (1869-
1948). Gandhi rejected the moderates' gradualist approach to political reforms but he also
rejected the extremists' philosophical justification of violence. His non-violent approach,
using mass mobilisation and peaceful defiance of British authority, radicalized Indian
politics far beyond the expectations of Tilak's followers.
During the twenty years he lived in South Africa practising law among the Indian settlers,
Gandhi developed his concept of Satyagraha and the technique of civil disobedience. On
his return to India, before he plunged into Indian politics, Gandhi travelled widely
throughout the country, observing the culture, traditions and living conditions of the
people. He felt that the leaders of the nationalist movement were out of touch with the
people who lived in India's many villages. He realised that in order to win freedom from
Britain, the nationalist movement required a mass base; it needed to involve the people
living in the countryside.
If Satyagraha was successful in Africa, why not try it in India? "I have no doubt," he said,
"that the British Government is a powerful Government but I have no doubt also that
Satyagraha is a sovereign remedy." He experimented with it in Champaran in Bihar and
in Ahmedabad and Kaira in Gujarat. These first experiments in Satyagraha brought
Gandhiji into close touch with the masses, both the peasants in the rural areas and the
workers in the urban areas.
Gandhi was greatly influenced by Gokhale's political philosophy. He agreed to Gokhale's
policy of co-operating with the Government in working out the constitutional reforms.
But the phase of Gandhi's role as a co-operator proved a shortlived one. There were
certain reasons which shook his faith in British fairness and justice. The events which
changed Gandhiji from a co-operator into a staunch non-co-operator were as follows :
NON-CO-OPERATION MOVEMENT
Mahatma Gandhi was the undisputed leader of the nationalist movement since 1920 to
1947. Three powerful mass movements were launched under his leadership. These were
Non-co-operation Movement (1920); Civil Disobedience Movement (1930) and Quit
India Movement (1942).
Causes of Non-co-operation Movement
Apart from Gandhiji's leadership, several other factors led to the growth of nationalism
into a mass movement. The war expenditure imposed on India had further impoverished
the masses. The spread of influenza epidemic took a huge toll of human lives. The war
was followed by an upsurge of nationalism in many countries. Three autocracies had
been overthrown—Hohenzollern in Germany, Habsburg in Austria and Romanov in
Russia. The fall of autocracies
f\n 4-1"» O nr\ 11 ■f-i nol r*\ i r

,« T>____:___T>-------1 — 44
INDIAN GOVERNMENT AND POLITICS
parts of Asia. All these developments influenced the consciousness of the Indiai people
and inspired them to plunge themselves into the nationalist struggl* with greater vigour.
The Montague-Chelmsford Reforms, which became the Government o India Act in 1919
introduced a system called 'dyarchy' in the provinces. Th< reforms introduced were a far
cry from the aim of swaraj and were condemnec both by the Congress and the League.
The defeat of Turkey in the War and the dismemberment of the Turkisr. Empire enraged
the Muslim masses and led to an outburst of popular feeling against the British
government.
When the Rowlatt Bill was passed, in spite of unanimous Indian opposition, Gandhiji's
patience came to an end. He decided to try to oppose it with Satyagraha. This time it was
not to be a local campaign with limited objectives, He started a Satyagraha Sabha and
devised a pledge to disobey these repressive laws. A general strike all over the country
was called for April 6, 1919, and this was a unique success, but police firing on a Delhi
crowd caused a number oi casualties, both Hindus and Muslims. When Gandhiji, who
was on his way to Delhi was stopped en-route and forcibly sent back to Bombay, police
charged again upon the milling crowd. /
And then occurred the massacre of Jallianwala Bagh on April 13, 1919. In Punjab, the
protest movement against the Rowlatt Act was particularly strong. The Government
resorted to lathi-charges and firing in many places. On April 10, two outstanding leaders
of the Congress, Satya Pal and Dr. Kitchlew were arrested and taken to an unknown
place. To protest against the arrests, a public meeting was held on 13th April in
Jallianwala Bagh, a small park enclosed by buildings on all sides, in Amritsar. General
Dyer with his British troops entered the park, closed the only exit and, without giving any
warning, ordered the troops to fire. The meeting had been peaceful and there had been no
provocation. Among those who had come to the meeting were women, children and old
persons. The firing lasted about ten minutes and about 1,600 rounds were fired. As the
means of exit which was a narrow passage had been closed, no one was allowed to
escape. After some time, Dyer left with his troops. About 1,000 dead and about 2,000
wounded persons lay unattended to in the Bagh. Immediately after the massacre, martial
law was declared throughout Punjab and a reign of terror was let loose.
The Punjab tragedy brought Gandhiji into the forefront of Indian politics. The Congress
boycotted the official committee of enquiry headed by Lord Hunter, which the
Government had appointed.
Khilafat and Non-Co-operation Movement
In those days the Khilafat Movement was organised by the famous Ali brothers, in
protest against the injustice done to Turkey after the war. In fact, it became the means of
the Indian national movement. Gandhiji sympathised with their cause and saw in the
development the possibility of forging the much needed Hindu-Muslim unity to fight the
British. He advised the Khilafat Committee to launch non-co-operation movement
against the Government.
A special session of the All India Congress Committee was held in September, 1920 at
Calcutta. Lala Lajpat Rai presided. About 3,000 delegates attended and among them a
large number were Muslims. It was at this session that the Congress for the first time
devised upon a course of non-co-operation with the British Government—direct action
against the administration, boycott of theTHE HISTORICAL CONTEXT.... THE INDIAN NATIONAL
MOVEMENT
45
Legislative Councils and launching the non-co-operation movement. The policy of non-
co-operation movement was confirmed by the Congress at its annual session held at
Nagpur in December 1920.
At Nagpur the new constitution of the Congress was adopted thus converting it into a
working dynamic organisation for carrying on the struggle for freedom.
The declaration of non-co-operation with the Government was in fact a revolutionary step
tantamount to the proclamation of war, with this difference that the war was non-violent.
This was a unique kind of war. It inflicted neither pain nor injury upon the opponent,
reserving all suffering for the non-co-operation.
The Congress and the Khilafat Committee had agreed upon the triple purpose of non-co-
operation—redress of Punjab grievances, rectification of Khilafat wrongs and
establishment of Swaraj. Gandhiji felt it necessary to explain the grounds on which he
joined the Khilafat movement. Essentially, his reasons were humanitarian and moral.
They were not political in the narrow sense, although undoubtedly intended at securing
permanent national interests.
Non-co-operation : Programme and Movement
The campaign had two kinds of objects : constructive and destructive. Establishment of
national educational institutions and Panchayat Courts, abolition of untouchability,
Hindu-Muslim unity and promotion of spinning and weaving were some of the positive
or constructive programmes. In pursuance of them it was decided to raise a fund of one
crore of rupees in the name of Tilak to finance the non-co-operation activities, to enrol a
volunteer corps of one crore members to help in the promotion of the various boycotts—
social, educational, legal and economic—and to distribute twenty lakhs spinning wheels
to provide work for the unemployed or underemployed and to replace foreign cloth by
handmade Indian cloth.
In regard to the latter, the important items were :
1. The boycott of the law courts by the lawyers who would set up popular tribunals for
administering justice;
2. The boycott of schools and colleges owned or aided or recognised by Government and
the establishment of national educational institutions;
3. The boycott of elections to the assembly and the provincial councils;
4. The surrender of honours, titles, etc., and the boycott of official functions;
5. The boycott of British goods and the encouragement of Swadeshi, especially Khaddar
or home-spun home-woven cloth; and
6. The prohibition of drinking liquor.
The country was profoundly stirred and an unprecedented wave of enthusiasm ran
through India's teeming millions. Unparalleled scenes of fervour, devotion and sacrifice
were witnessed everywhere. Lawyers of the distinction of Motilal Nehru, C.R. Das,
Rajendra Prasad, Rajagopalachari surrendered their highly profitable profession;
thousands of students came out of colleges and schools and many national institutions
were founded where teachers worked on a pittance. A number of pupils of the Aligarh
University left their studies at the bidding of Muhamad Ali and founded the Jamia Millia
Islamia46
INDIAN GOVERNMENT AND POLITICS
ICS and worked as Principal of the National College at Calcutta. Jawaharlal Nehru bade
adieu to the Allahabad High Court and was drawn into the whirlpool of non-co-operation.
The effect of the boycott of foreign cloth was felt throughout India. It attained
considerable success in Bengal, Bombay, Madras and the United Provinces. In November
1921, the Prince of Wales arrived in India. The All India Congress Committee had
decided to boycott the visit. Hartals, demonstrations and political meetings greeted him in
the place he visited.
As repression was intensified, the movement gained greater momentum. The Police
became a gangster force, entering private dwellings, beating, looting and dishonouring
the inmates. The Congress picketeers were assaulted; flags, badges and even the khadi
cloths on their body were snatched and destroyed; Congress offices were ransacked. By
the end of the year all the prominent leaders like the Ali Brothers, Motilal Nehru, C.R.
Das, Lajpat Rai, Maulana Azad were behind bars. In all about fifty thousand persons
were jailed during the movement. Only the government did not dare touch Gandhiji
himself.
The Ahmedabad Session of the Congress held in December 1921, decided to further
intensify the non-co-operation movement by starting a campaign for mass civil
disobedience and nori payment of taxes. Full authority for taking necessary steps for
conducting the new movement was vested in Mahatma Gandhi. However, on February, a
procession of Satyagrahis at village Chauri-Chaura in the Gorakhpur district of U.P. lost
self-control and clashed with the police. The agitated crowd set on fire the village police
station along with its 22 policemen, Gandhiji was so much upset and pained by this
outburst of violence and was so anxious to prevent its spread that he immediately ordered
the suspension of the movement and advised concentration only on constructive aspects
of the programme like removal of untouchability, Hindu-Muslim unitj propagation of
Swadeshi and spinning. Gandhiji thought that the country wai not yet ready for a non-
violent movement of his conception and that it wa: 'Himalayan blunder' on his part to
start the Satyagraha movement withou adequately preparing the masses for it. The sudden
suspension of the movemen at a time when it was at its height, annoyed many of
Gandhiji's own colleague and followers. His popularity among the people was also
adversely affectec doubts began to crop up about his leadership. Taking advantage of the
genert feeling of resentment against Gandhiji, the Government arrested him on Marcl 10,
1922.
Non-Co-operation Movement: An Evaluation
Although with the arrest and conviction of Gandhiji the first phase of tr. non-co-operation
movement came to an end, its importance in the struggle f< freedom cannot be belittled.
According to Dr. Subhash Kashyap, "The non-c operation movement has its own unique
importance in the history of India freedom struggle. No other movement since 1857 had
generated such ma: upsurge throughout the country as the non-co-operation movement
did. brought Gandhiji in the forefront of the national struggle and can be said have started
the Gandhian era in India's political history and thought.' Coupland also pointed out that
Gandhi "converted the nationalist moveme into a revolutionary movement." He gave it a
direction and a purpose whi became dear to every heart in India.
The non-co-operation movement changed the nature and the outlook—t structure and the
spirit of the Congress. Hereafter it became a popuL democratic, all India party drawing
its sustenance from the common people.THE HISTORICAL CONTEXT.... THE INDIAN NATIONAL
MOVEMENT
47
.,20
was no more an organisation of the middle class intellectuals, of educated armchair politicans or
of the urban elite. In fact, the Congress itself became a people's movement. According to
Coupland, "Gandhi had already changed the course of Indian history. He had done what Tilak had
failed to do."21
The non-co-operation movement had introduced a new technique of political struggle and had
prepared the people for non-violent revolt. Apart from arousal of popular consciousness, the
popularity of swadeshi also increased and thousands of weavers got employment. The fear of the
British Raj was conquered. Ordinary people, men and women, rich and poor showed willingness
and ability to endure hardships and punishment in defiance of Government. There was also an
increasing recognition of social evils like untouchability and drinking. The emphasis of Khadi
was a realistic assessment of rural needs. The boycott of foreign goods proved greatly detrimental
to British commercial interest. Subhash Chandra Bose has rightly commented, "Before 1921,
Congress was a constitutional party and mainly a talking body," Gandhiji "not only gave it a new
constitution and a nationwide basis but, what is more important, converted it into a revolutionary
organisation."
The biggest weakness of the non-co-operation movement was that it was incompatible with the
principles of secularism. Instead of treating religion as a matter of personal concern and keeping
it out of politics, the attempt to bring Hindus and Muslims nearer through the purely religious
affairs of Khilafat, was to some extent responsible for mixing religion and politics in India's
public life that the communal problem became more and more difficult and insoluble. Perhaps it
was a mistake to involve the question of Khilafat in Indian politics.
CIVIL DISOBEDIENCE MOVEMENT
In December 1929, the Congress session was held at Lahore with Jawahar-lal Nehru as the
President. The Congress declared the attainment of complete Independence as its aim and decided
to celebrate January 26 as the Independence Day all over the country. In January 1930, the
Working Committee of the Congress passed a resolution stating : "The British Government in
India has not only deprived the Indian people of their freedom but has based itself on the
exploitation of the masses and has ruined India economically, politically, culturally and
spiritually. We believe therefore, that India must sever the
British connection and attain Puma Swaraj or complete independence.....We
recognise, however, that the most effective way of gaining our freedom is through non-violence.
We will, therefore, prepare ourselves.....for civil disobedience, including non-payment of taxes."
The civil disobedience movement began with what is known as the Dandi March. Gandhiji, along
with some of his followers, went to Dandi on the sea-coast on foot and broke the law by making
salt. The Mahatma selected the simple act of making salt from the sea, in defiance of British laws,
because the salt tax affected almost every Indian villager. "As the independence movement is
essentially for the poorest in the land," he explained, "the beginning will be made with this evil.
"As a result of his decision salt, as Nehru said, "Suddenly became a mysterious word, a word of
power." On April 6, 1930, after a 24-day march of 240 miles from Ahmedabad to Dandi, Gandhi
defied the British by taking a small amount of salt from the sea.
Before launching the movement and breaking the salt law, Gandhiji decided to make one more
effort to meet the Viceroy and arrive at some negotiated settlement. Accordingly he wrote to the
Viceroy mentioning his48
INDIAN GOVERNMENT AND POLITICS
Gandhiji's letter, Viceroy Lord Irwin summarily refused to see him or consider his
demands. So the die was cast and Gandhiji began his historic march.
The unique march on foot, with all the accompanying publicity in the Press and on the
route of the march, for the deliberate and declared defiance of British might, proved to be
a master stroke of political strategy. He asked people, "Let every village fetch or
manufacture contraband salt, sisters should picket liquor
shops, opium dens and foreign cloth dealers' shops.....Foreign clothes should be
burnt. Hindus should eschew untouchability.....Let students leave government schools
and colleges and government servants resign their services and we shall soon find that
Purna Swaraj will come knocking at our doors."
The civil disobedience movement was a great success. Salt law and other lawless laws
were openly violated throughout the country. In some parts of the country payment of
taxes and land revenue was refused. Many teachers and students came out of their
schools and colleges. Foreign cloth and liquor shops were boycotted. Many government
servants left their jobs and scores of legislators left the legislatures. Under Gandhiji's
advice, the work of picketing liquor and foreign cloth shops was specially taken up by the
women who got arrested m in thousands.
As soon as the Civil Disobedience Movement started, all the important leaders including
Gandhiji and Jawaharlal Nehru were arrested. By the beginning of 1931, 90,000 persons
were in jails and 67 papers had been banned. In January 1931, Gandhiji and some other
leaders were released. In March an agreement known as the Gandhi-Irwin Pact was
signed under which the movement was called off. The Government promised to release
all political prisoners except those charged with acts of violence. The Congress agreed to
i participate in the Second Round Table Conference which had been called to j consider a
scheme for a new constitution of India. |
Thus Gandhi's salt march in 1930 ushered in the second mass campaign of civil
disobedience and demonstrated the driving power of his techniques of peaceful non-co-
operation. It awakened the Indian masses and shook British Empire.
Gandhiji participated in the Second Round Table Conference as a representative of the
Congress. The conference deadlocked on the question on communal electorates and
Gandhi returned 'empty handed' to India. With the renewal of Government repression, the
Congress reopened the civil disobedience campaign and called for the boycott of British
goods. By March 1933, more than 1,20,000 people had been imprisoned.
At this inopportune moment, the Government announced its constitutional proposals,
which included a provision for separate electorates for the untouchables. Believing the
untouchables to be an integral part of the Hindu Community, Gandhiji, in jail, vowed to
'fast unto death' against the provision. On the fifth day, as Gandhi's life was believed to
hang in the balance, Dr. Ambedkar, leader of untouchables, gave way and agreed to
abandon separate communal electorates, but, to safeguard the interests of the
untouchables he demanded that a number of seats be reserved for them within the
allotment of seats to the Hindu community.
QUIT INDIA MOVEMENT
In September 1939, the Second World War broke out and the Britisl Government
declared India a belligerent. Indian opinion was not consulted am by a unilateral decision,
India was made a party to the war. The BritislTHE HISTORICAL CONTEXT.... THE INDIAN NATIONAL
MOVEMENT
49
Government had used Indian resources and Indian people for her own narrow ends in the
earlier wars which she has waged in the 19th and 20th centuries to extend her imperialist
conquests. In the meantime, however, the people of India had woken up to this and were
no longer prepared to be exploited.
As soon as the war was declared, the Congress clearly stated its attitude. It condemned
the aggression committed by fascist countries and expressed its sympathies with the
Allied cause. However, it insisted upon immediate transfer of effective administrative
control to Indian hands and a categorical assurance of full independence after the War.
The British claimed to be fighting the war, as the Viceroy's announcement of October 18,
1939 sought to emphasise, not for any selfish ends but "to make the world safe for
democracy" and "to protect the right of self-determination of all nations." It was natural,
therefore for Indian leaders to demand application of the same principles of democracy
and self-determination to India.
The Congress demanded the establishment of an Indian Government responsible to the
Central Legislative Assembly and the promise that independence would be given as soon
as the war was over. The British Government did not agree even to this. In October 1939,
the Congress ministries in the provinces resigned because it was now clear that Britain
was pursuing her own imperialist ends in the war. Soon after the resignations of the
Congress ministries in November 1939 the Congress Working Committee passed a
resolution reiterating the demand for acceptance of the right of Indians to frame their
constitution through a constituent assembly. In July 1940, the Congress Working
Committee again demanded "acknowledgement by Britain of the complete independence
of India and a declaration that as an immediate step in giving effect to it, a provisional
National Government would be constituted at the Centre."
In March 1942, Sir Stafford Cripps came to India to talk to Indian leaders, with a view to
granting India dominion status at the end of the war. Complete independence was not
promised and no mention was made of the formation of a national government by the
Indian people during the war. The Congress rejected the offer.
The failure of the Cripps Mission plunged the country in despondency and anger. There
was a general mood of frustration prevalent in most quarters.
Gandhiji had not taken much interest in the Cripps offer but the failure of the Mission had
disappointed him very much. He was also perturbed by the development in South-East
Asia. The British withdrawal from Malaya, Singapore and Burma had been followed by a
total collapse of local resistance and surrender to Japan was total and abject. Gandhiji and
the Congress leaders were anxious that what had happened in Malaya and Burma should
not be repeated in India. Gandhiji came to the conclusion that the only way the people of
India could be made to shed all fear and fight the aggressor was to make them feel not
only that they were their own masters but also that the defence of the country was their
duty and they could not shirk the responsibility in the belief that defence was the concern
of the British. Therefore, he decided to launch a movement calling upon the British to
hand over power to the Indians and quit.
Quit India Resolution : The Congress Working Committee meeting at Wardha on July
14, 1942 gave shape to Gandhiji's ideas and the famous 'Quit
,]„„+„/! T+ ooiiori nnnn Rritain immfidiatelv to transfer
_ _!__!.•___J _w 50
INDIAN GOVERNMENT AND POLITICS
will then be reluctantly compelled to utilize all the non-violent strength it might have gathered
since 1920," and launch a movement of direct action. A meeting of the AICC was called at
Bombay on August 7 to endorse this policy decision.
The AICC session at Bombay in August 1942 had become historic. It passed the famous 'Quit
India Resolution'. The Congress resolution demanded the 'immediate ending of British rule in
India' as 'an urgent necessity both for the sake of India' and 'the success of the United Nations.'
The Congress resolved to launch a mass civil disobedience struggle on the widest possible scale
'for the vindication of India's inalienable right to freedom and independence,' if the British rule
did not end immediately.
In couple of his highly inspiring and forceful speeches to the All India Congress Committee at
Bombay, Gandhiji warned the people that freedom could not fall from the sky, it had to be fought
for. "The Britishers," he said, "will have to give us freedom when we have made sufficient
sacrifices and proved our strength." In a prophetic vein he went on to give to the people, what he
himself called a short mantra and said. The mantra is this : "We shall do or die." We shall either
free India or die in the attempt. We shall not live to see the perpetuation of slavery. Gandhiji
believed that the 'Quit India Movement'would be 'a fight to the finish', a 'do or die' struggle, the
last struggle of his life for India's independence and that it would be open and non-violent.
Repression of Revolution by Government
The Congress resolution was adopted on August 8. On the morning of August 9, all the principal
Congress leaders were arrested. This provoked nation-wide demonstrations and disorganised
partial conflicts and disorders which were met with violent and brutal repression by police and
military action with wholesale firing and many killed and wounded. Between August 9, 1942 and
December 31, 1942 according to the summary of official statements 62,229 persons were
arrested; 18,000 detained under the Defence of India Regulations; 940 killed by police or military
firing.
According to Michael Brecher, the 1942 movement constituted the gravest threat to British rule
since the Rebellion of 1857. "In almost similar vein," Nehru himself said, "for the first time since
the Great Revolt of 1857, vast number of people again rose to challenge by force the fabric of the
British rule in India."
Even though the 1942 'Quit India Movement' appeared to have failed in its object of attaining
freedom for India, it was in no small measure responsible for the final transfer of power which
came barely five years later. If the 1857 uprising was the first, the 1942 struggle could well be
considered to be the last fight for freedom from British rule.
Thus, Gandhi was the hero of the freedom struggle. With the coming of Gandhiji the masses
became all at once active participants in the movement. By making the Congress a more
representative organisation, Gandhi fundamentally changed the character of the nationalist
struggle for independence.
THE INDIAN NATIONAL ARMY (INA)
The triumphant campaign of the Japanese in the Pacific Ocean and the South-eastern Asia lands
caused much excitement among the people of Indian origin living in the region. The successes of
an Asiatic power over western empires roused great hopes, which led to the formation of the
Indian Independence League. The organiser of the League was Rash Behari Bose, an old
revolutionary who was then residing in Japan. He convened a conference inTHE HISTORICAL
CONTEXT.... THE INDIAN NATIONAL MOVEMENT
51
Tokyo on March 28-30, 1942, which decided to form the League and raise an army of Indian
liberation.
Meanwhile the Japanese forces attacked Malaya and defeated the British army. Captain Mohan
Singh an officer in the British army who had surrendered to the Japanese was persuaded to join
the Indian independence movement. The Japanese handed over the Indian prisoners of war to
him. He began to organise an army of volunteers named the 'Indian National Army (INA) or
'Azad Hind Fauj' of the Indian prisoners of war in Japanese hands. Some 25,000 had agreed to
join the INA. By August 1942, the number had gone upto 40,000. A large number of Indian
young men (civilians) in South-East Asia also offered their services. The INA was formally
established on September 1, 1942. But by December 1942, serious differences emerged between
the Indian army officers led by Mohan Singh and the Japanese over the role that the INA was to
play. The Japanese wanted only a token force of 2,000 men, while Mohan Singh wanted to raise
an Indian National Army of 2,00,000. Rash Behari Bose and Mohan Singh fell out. Mohan Singh
was dismissed from his post and the INA remained in a state of suspense. .
The second phase of INA began when Subhas Chandra Bose was brought to Singapore on July 2,
1943 by means of German and Japanese submarines. In Tokyo he met Prime Minister Tojo and
other dignitaries. What he had failed to get from Hitler and Mussolini, Tojo was persuaded to
yield. The Prime Minister made a declaration in the Diet : "Japan is firmly resolved to extend all
means in order to help to expel and eliminate from India the Anglo-Saxon influences which are
the enemy of the Indian people, and enable India to achieve full independence in the true sense of
the term."
Subhas sorted out with the Japanese all the difficulties and differences and returned to Singapore
on July 2 and set up Provisional Government of Free India on October 21, 1943. He assumed the
leadership of the India Independence League and the supreme command of the INA. With the
cooperation of Japanese authorities he reorganised it into a supreme fighting force. Impressed and
inspired by the personality, sacrifice and courage of Subhas, a large number of Indian soldiers
who had fallen prisoners in Japanese hands joined the INA. Members of the large Indian
community in the whole of South-East Asia helpled Netaji most liberally with men and money.
The Provisional Government of Free India was quickly recognized by nine nations and it declared
war against the British and fought on many fronts. Subhas set up two INA headquarters, in
Rangoon and in Singapore and named INA Brigade as Gandhi Brigade, Nehru Brigade, Azad
Brigade and Rani Jhansi Brigade. From time to time the Azad Hind Radio of the Provisional
Government of Free India exhausted the people of India to keep up their courage and fight on for
the freedom of their Motherland.
The slogans of the INA were "On to Delhi (Delhi Chalo) and 'Jai Hind'. In one of his farewell
speeches to the INA soldiers going to the front towards Indian borders, Netaji said :
"Blood is calling to blood! Arise! we have no time to lose. Take up your arms......The road to
Delhi is the road to Freedom. On to Delhi."
In the early stages of its advance towards the Indian borders, the INA won spectacular successes.
At several places the British forces were pushed back "i-»ri fnT-pori t.n retreat. The Andaman
and Nicobar Islands captured by the52
INDIAN GOVERNMENT AND POLITICS
and India's tricolour was hoisted there and Netaji renamed the Islands as 'Shaheed' and
'Swaraj' islands. On July 6,1944, Subhas, in a broadcast on Azad Hind Radio, addressed
to Gandhiji, said : "India's last war of independence has begun ... Father of our Nation !
In this holy war of India's liberation, we ask for your blessing and good wishes."
The INA reached as far as Imphal and succeeded in liberating some 250 square miles of
Indian territory there. But the discriminatory treatment which included being denied
rations, arms and being made to do menial work for the Japanese units, completely
demoralised the INA men. The failure of the Imphal campaign and the steady Japanese
retreat thereafter, quashed any hopes of the INA liberating the nation. The retreat which
began in mid-1944 continued till mid-1945 and ended with the final surrender to the
British in South-East Asia.
Subhas was reported to have died in an aircrash in August 1945 while the officers of the
INA were brought to India as prisoners after the war. It was decided to try them for
desertion and waging war against the king. By the time/ the historic trial began in
November, 1945, the stories of the gallantry and sacrifices of the INA men had spread
throughout the length and breadth of the country.
There was widespread and acute resentment and a determination to save the lives of the
heroes of the INA. Some of the most prominent men of the bar came forward to appear as
defence counsels without any fee. After some 30 years Jawahar Lai Nehru also donned
the robes of a Barrister to appear in the court as a defence counsel. Despite the best
defence arguments, the court held the three INA officers (Shah Nawaj, Dhillon and
Sehgal) guilty and awarded the sentence of death. However, in view of the highly
surcharged atmosphere, the British Government did not dare to implement the sentence
and the three officers were set free. Later, all the other INA men — about 11,000 — were
also set free by the Court, the C-in-C or the Viceroy.
The Provisional Government which Bose established and the INA which he organised
brought the Indian question out of the narrow domestic sphere of the British Empire into
the broad field of international politics. The INA proved that the Indian soldier was not
merely a mercenary, but was a volunteer who was willing to lay down his life for his
country as a patriotic son of the Motherland.
Subhash Kashyap has very rightly observed, "Even though Netaji Bose and his INA thus
failed in their mission to liberate India, it must be remembered that their sacrifices were
not in vain, they would always occupy an honoured place in the history of India's
Freedom Struggle and would be remembered with reverence for their great contribution
to bringing the dawn of independence nearer."
INDIAN NAVAL UPRISING
Force and military superiority had been largely the backbone of Britain's hold over India.
When in 1857, the troops rebelled, the foundations of the British rule were shaken. Since
then, the foreign master was always on guard to devise such military policies as were
likely to ensure unmitigated loyalty of the armed forces. But the second world war
created a situation where this loyalty could not be depended upon. Thousands of young
men from different parts of the country and belonging to different castes and
communities had joined the armed forces to fight for the victory of Allied Powers in the
hope that such victory would bring about their emancipation from foreign rule also. After
the fighting wasTHE HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
53
over, these men began to clamour for the freedom of India. For the first time since the
uprising of 1857, political agitation began to germinate in the armed forces. The Ratings
of the Royal Indian Navy stopped work on February 18, 1946 and gave notice to the
government that unless their demands were met by a particular date they would resign en
bloc. Around 1,100 naval ratings of HMIS Talwar struck work at Bombay to protest
against the treatment meted out to them—flagrant racial discrimination, unpalatable food
and abuses to boot. The arrest of B.C. Dutt, a rating, for scrawling 'Quit India' on the
HMIS Talwar, was sorely resented. This brief 'mutiny' was coupled with 'strikes' at Air
Force bases, and signs of open revolt were visible in Bombay, Calcutta and Karachi.
Although suppressed, the new spirit of patriotism in the armed forces brought home to
the British that they could not keep India under subjugation for long with the help of
Indian troops.
ROLE OF WOMEN IN FREEDOM STRUGGLE
"The British Rule in India", said M.K Gandhi, "could end in minutes if the women of
India wanted and understood it." He gave a clarion call to them to join the freedom
struggle and save the national honour. The first woman to respond to his call was
Kasturba, his wife. A pillar of strength to Gandhiji's striving for non-violence, she was
always in the forefront in all his non-violent agitations in South Africa as well as at
home. She had a distinct outlook on life. Although herself illiterate, she stood for the
education of women and through education their empowerment. Others who plunged into
the freedom struggle included Madame Cama, Sister Nivedita, Annie Besant, Sarojini
Naidu, Kamla ■ Nehru, Maniben Patel, Vijay Lakshmi Pandit, Sucheta Kripalani and a
thousand others who sacrificed their homes to see the country free. Even those who did
not fully subscribe to non-violence, joined the movement for a new India through
revolutionary methods. Those included Durga Bhabhi, Satyavati Devi, Khurshed Behn,
Aruna Asaf Ali and a hundred others. The story of Madame Cama is most inspiring. Even
before Gandhiji had started his struggle in India she, along with Sardar Singh Rana, in
1907 unfurled the tricolour of India. The occasion was International Socialist Conference
at Stuttgart, Germany and all the delegates rose and saluted the flag of freedom. She
exercised tremendous influence on the mind of Bhagat Singh and his comrades.
Popularly known as 'Mother of Revolution,' she asked the countrymen to pledge to
overthrow the foreign yoke. Durga Bhabhi, wife of Bhagwati Charan Vohra, wielded
tremendous influence on the minds of revolutionaries like Bhagat Singh, Chandershek-
har Azad, Sukhdev and Rajguru. With Durga Bhabhi, Bhagat Singh, after killing
Saunders had travelled in the Calcutta Mail on December 18, 1928. To escape from
Lahore railway station that evening was nothing short of a miracle. After Bhagat Singh's
execution, Durga Bhabhi openly came out in the field and decided to kill Lord Hailey, the
ex-Govemor of Punjab. Durga Bhabhi was arrested and sentenced to three years'
imprisonment. Satyawati, the illustrious daughter of Swanii Shraddhananda whose only
passion was India's freedom, of the 37 years she lived, 12 were spent in prison. "Don't
touch me, I'm the Agni of India", she shouted at the British police officer who tried to
arrest her. Usha Mehta of Bombay came into prominence during the 'Quit India'
Movement and she started a secret radio and called it 'Voice of Freedom'. Aruna Asaf
Ali, the heroine of the Quit India Movement of 1942 remained underground for a
^■.-.■mU™. nf™,™ Tiniotorl fhe> National Fin? in Bombav. became Mayor of Delhi54
INDIAN GOVERNMENT AND POLITICS
she founded the Socialist wing of the Indian National Congress. As Head of the Rani Jhansi
Regiment of INA, Captain Lakshmi Sehgal was one of the most trusted and loyal aids of Netaji.
Ammu Swaminathan, mother of Captain Lakshmi was a founder member of the All India Women
Conference situated in Madras, she joined the Indian National Congress in 1934 and played a
leading role in the 'Quit India' Movement in 1942. Sarojini Naidu was the poet-chronicler of the
freedom struggle, the poet historian of the freedom movement of India. A princess of the
erstwhile native Kapurthala State, Rajkumari Amrit Kaur was Gandhiji's secretary for 16 years.
Imprisoned a number of times and lathi charged on several occasions, Amrit Kaur was drawn
towards Gandhiji during the days of martial law in Punjab. Another name to emerge in the
freedom struggle was that of Durgabai Deshmukh during the salt Satyagraha. Popularly known as
'Iron Lady', she defied British authority in the 1930's and edited a magazine called 'Andhra
Mahila'. During the Satyagraha in Bardoli, Maniben Patel organised the women's participation.
In brief, women's participation in the freedom struggle hastened the process of freedom and
accelerated it onward march.
Character of the Indian National Movement
The history of India's struggle for freedom makes an inspiring and thrilling saga. Here is a story
of indomitable courage and sacrifice of an ancient people ceaselessly fighting for their freedom.
The struggle was long, the journey was arduous, many fell on the way. The survivors—their
hearts heavy with the memories of the lost comrades—nevertheless continued the pilgrimage to
the pledged goal of freedom. Many youthful revolutionaries faced the gallows and sacrificed their
all so that the succeeding generations of Indians may be saved the scourge of bondage and may
breathe the air of freedom.25
The sacrifices of patriots bore fruits. On August 15,1947 India became free and joined the comity
of independent nations. Dreams dreamt for centuries came true. The people became masters of
their destiny and acquired the right to frame their future in accordance with their own cherished
goals and aspirations.
What is the character and nature of the Indian freedom movement? Was it a child of British
colonialism or a revolt of the Indian middle classes? Whether it was a social reform movement or
a political movement for the freedom of the country? Was it a constitutional movement of change
or revolutionary in character? The main characteristics of the movement are :
1. Long History : Probably the first point to be made is the very simple one that the Indian
national movement had a relatively long history, reaching well back into the nineteenth century.
Perhaps it would be more accurate to speak of an Indian political movement, for the explicit
demand for national independence did not of course appear at the start. Nevertheless, it is
important that the organisation which was in a position to take over power at the end had been
established very near the beginning. There had been several reform social movements earlier in
the nineteenth century and even a few political bodies, such as the Bengal British Indian Society
and the British Indian Association.26
2. Wider Social Base : The nationalist movement spread not only to wiHer geographical areas,
but also wider social groups. Indian society has been diverse socially, culturally and
economically. There have beenTHE HISTORICAL CONTEXT.... THE INDIAN NATIONAL MOVEMENT
55
different religious groups as well. This diversity was greater during the British rule.
Sections of population were divided into different castes among Hindus. Muslims had
their own social divisions. Each one of these social groups had their respective social and
economic interests. The national movement gradually came to include more and more
sections of population. By the time it approached the second decade of the 20th century,
the Indian National Congress had become a mass movement. The Non-co-operation
Movement led by M.K. Gandhi was the culmination of this process, when all sections of
the Indian population, irrespective of their diverse social and economic interests, came to
participate. The national movement was a great force to bring about the unity of purpose
among groups.27
3. Movement of Revolt: The nationalist movement in India was a political movement
with strong economic, social and religious aspects. It was essentially a creation of and a
reaction against foreign rule. It was a movement of protest which eventually became a
movement of revolt. Before 1885 it lacked effective organisation and focus. After that
date the Indian National Congress was the spearhead of the nationalist movement.
4. Social Movements : No movement organised at the national level can overlook the
interests of specific socio-economic groups. The kisans, the industrial workers, the
owners of industry, the zamindars—all of them had their respective interests which they
sought to pursue and preserve. The national movement took up their cause in course of
organising them together. Mahatma Gandhi started his Champaran Satyagraha in Bihar in
1917-18 to protect the interests of poor peasants. The Moplah Revolt in Malabar in 1921
included the agricultural workers and tenants belonging to the Muslim Community.
Similarly, the industrial workers organised themselves into trade unions. The Swadeshi
Movement and boycott of English goods was attractive to the Indian industry, especially
to the textile industry.28
5. Social Reforms : The leaders of the freedom movement were always concerned about
the reforms that were needed in the Indian society. Most of the leaders of the freedom
movement were well-known social reformers. Raja Ram Mohan Roy, who is often
described as the Father of Indian Nationalism, started the Brahmo Samaj as far back as
1828. This movement was responsible for prohibiting evils of Hinduism, like the Sati and
child marriage. Arya Samaj founded by Dayanand Saras-wati in 1875 is the most widely
spread movement. The reform movements and the Indian National Congress laid special
emphasis on the removal of untouchability. The efforts of Mahatma Gandhi in bringing
women in the mainstream of political activity has been noteworthy. Progressive thinking
of the Indian national movement was clearly evident in three fields where reforms were
suggested caste system, position of women and untouchability.
6. Hindu Domination : The nationalist movement in India was always dominated by
Hindus. This is certainly not surprisingly, for the great majority of Indians were Hindus.
Moreover, under the British the Muslims lost much of their former position and
influence, and the Hindus benefited more from the opportunities opened up by the
British56
INDIAN GOVERNMENT AND POLITICS
in the minds of some of the nationalist leaders the struggle for swaraj in its various forms
was linked with a revival or re-affirmation of Hinduism. Although many Muslims were
active in the nationalist movement; some, like Maulana Azad, held high position in the
Indian National Congress, especially at the beginning of its activities, when their great
leader, Sir Syed Ahmed Khan, advised them to have no part in it, and in the years just
preceding independence, when the Muslim League captured the allegiance of most of
them.
7. Constitutional Method : The national movement had consistently emphasised the
importance of the constitutional methods of change. The leaders of the freedom
movement had shown remarkable patience with the British rulers. They always relied
upon making demands within the accepted procedures and institutions. The Gandhian
method of protest, e.g., Satyagraha and Civil Disobedience, were unique that often
baffled the British rulers.29
8. Cultural Revivalism : Originally, contact with the west had created a sense of cultural
inferiority among the English educated Hindus. Swami Vivekanand (1863-1902) and his
associates sought to counter this image by comparing Hinduism and Western culture. A
powerful speaker and a charismatic personality, Vivekanand called upon Hindus to take
pride in their spiritual heritage and attacked Western culture as inferior. For him, "The
backbone, the foundation and the bedrock of India's national life was India's spiritual
genius, which the West did not possess." The overall consequence was an unprecedented
cultural revival among Hindus. Interest in classical Sanskrit writings and in Hindu art
and philosophy was stimulated by an outpouring of European Scholarship in praise of
India's cultural heritage. In addition, literary elites and political leaders used Hindu
religious symbols to arouse patriotism. They identified Indian nationalism with Hinduism
and adored the motherland.
9. Politics of Consensus : The national movement included people from different socio-
economic groups, diverse occupations, different regions and different ideological groups.
The Congress Party had to carry these differences along in order to maintain the unity of
the movement. The Congress included all streams of ideological thought and all the most
important social interests. It displayed a high tolerance of ambiguity in the concerns of
the national movement, allowed dissent to become part of the overall consensual style of
the Congress and imparted to the organisation great flexibility and freedom of
manoeuvre. This made the decisions acceptable to larger number of people and groups.
Leaders of national movement like Gandhi and Nehru provided sound basis to the policy
of consensus.30
REFERENCES
1. Tara Chand, History of Freedom Movement in India, Volume Two, Publications Division, 1992, pp. 1-3.
2. YD. Savarkar, The Indian War of Independence (National Uprising of 1857), pp. 484-86.
3. Tara Chand, Ibid, pp. 167-68.
4. Ibid.
5. Subhash C. Kashyap, History of the Freedom Movement, 1857-1947, New Delhi, 1990, p. 31.
6. A.O. Hume to Northbrook, August 1, 1872, Northbrook Collection, India Office Library, London.
7. W. Wedderburn, Allan Octavian Hume, p. 47.THE HISTORICAL CONTEXT .... THE INDIAN NATIONAL
MOVEMENT
57
8. Ibid., p. 53.
9. Kajni Palme Dutt, India—Today and Tomorrow, p. 115.
10. Ibid., p. 118.
11. D.C. Gupta, Indian National Movement, p. 35.
12. G.N. Singh, Landmarks in Indian Constitution and National Development, p. 116.
13. Pattabhi Sitarammayya, The History of the Indian National Congress, 1885-1935, Vol. I (Bombay, 1946), p. 20.
14. Tara Chand, Ibid., p. 552.
15. From Presidential Address to the Indian National Congress in 1895; Quoted in A.R. Desia, Social Background of
Indian Nationalism, p. 294.
16. R.G. Pradhan, Indian Struggle for Swaraj, p. 24.
17. Bipin Chandra, Freedom Struggle, p. 69.
18. Sir C.Y. Chintamani, Indian Politics since the Mutiny (London, 1940), p. 62.
19. R.C. Majumdar, Struggle for Freedom, Bombay, 1978, pp. 78-87.
20. Bipan Chandra, Freedom Struggle, New Delhi, 1991, p. 94.
21. Norman D. Palmer, The Indian Political System, 1961, p. 75.
22. Ibid., p. 78.
23. Subhash C. Kashyap, History of the Freedom Movement, p. 86.
24. R. Coupland, India—A Restatement, 1945, p. 119.
25. Subhash C. Kashyap, History of the Freedom Movement, 1857-1947, New Delhi, 1990, p. VIII (Preface).
26. W.H. Morris Jones, The Government and Politics of India, New Delhi, 1979, pp. 27.30.
27. S.N. Jha, Society, State and Government, New Delhi, 1990, p. 96.
28. Ibid., p. 97.
29. Ibid., p. 100.
Chapter 3
30. Ibid., p. 99.

INDIA ON THE EVE OF

INDEPENDENCE
On August 15, 1947, after ruling the subcontinent for over 200 years, the British surrendered
power and India became a nation. Though divided officially from that morning into Indians and
Pakistanis, nearly one-fifth of the human race had attained freedom from foreign rule.
India was transformed from a Colony to a Dominion at the stroke of midnight, August 14-15. It
had become a member of the British Commonwealth—as sovereign as Canada or Australia. The
Constituent Assembly of India, engaged in framing the Constitution in anticipation of the
freedom, met that night to inherit power formally for the Indian part of the subcontinent. M.A.
Jinha, whose powerful agitation for a separate homeland for the Muslims had led to the country's
partition, had already left New Delhi for Karachi to take over as the Governor-General of the
Dominion of Pakistan.
On the eve of independence, New Delhi seemed in a mood of gaiety and celebration. While
waiting for midnight, Jawahar Lai Nehru, Prime Minister designate of India and an idol of the
people, spoke feelingly in the Constituent Assembly of what the new age meant to him. "Long
years ago we made a tryst with destiny, and now the time comes when we shall redeem our
pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour,
when the world sleeps, India will awake to life and freedom. A moment comes, which comes but
rarely in history, when we step out from the old to the new, when an age ends, and when the soul
of a nation, long suppressed, finds utterance".
At the eve of independence, India's gigantic problems were of political consolidation and nation
building. The large-scale communal violence and the influx of millions of uprooted persons from
Pakistan brought in their train colossal problems. Even as the Government was struggling to deal
with the problems arising out of the partition, Jammu and Kashmir was invaded by outside forces.
The Princely States also posed a delicate problem which was solved in a statesman like manner
averting further fragmentation of the country. There were great economic disparities. Being aware
that, notwithstanding the common cultural heritage, without political cohesion, the country would
disintegrate under the pressure of fissiparous forces, the framers of the Constitution accorded the
highest priority to the ensurance of the unity and integrity of the country. As aptly observed by an
eminent jurist, "the founding fathers were painfully conscious that the feeling of Indian
nationhood was still in the making and required to be carefully nurtured." 1INDIA ON THE
EVE OF INDEPENDENCE
59
Partition and Refugee Problem
Behind all the festivities and political rhetoric, however, there was a distinct sense of
national anguish. Even as fire-crackers were being exploded in part of the capital to
herald the beginning of the new age, old tensions and hatred were manifesting
themselves. Thousands had been arriving daily in New Delhi as refugees, driven out of
their ancestral homes in Pakistan by mass terror perpetrated by those who shared their
language, culture and history but not their religion. The harrowing tales of massacre,
looting, rape and arson that the fleeing Hindu refugees brought to India had touched off a
series of retaliations in which equally heinous crimes were committed against Muslims
on the Indian side of the border. Even before the country was actually partitioned, many
parts had witnessed serious communal rioting. In the beginning of March 1947, while
leaders were fiercely debating the issue of partition, street fighting started in Lahore, the
capital of Punjab. As the date of partition and independence approached, more areas
erupted in orgies of violence. Calcutta and Lahore were particularly prone to the virus
because they were the capitals of the two major provinces that Jinnah had demanded as
part of the Muslim homeland, though each had large Hindu-majority areas. Gandhi
returned to Calcutta to implore both sides to stop the killing. When freedom came to
India, the Mahatma, who had led the fight for it since 1920, was not in New Delhi to
celebrate India's awakening "to life and freedom". To associates he said, "What is there to
celebrate ? I see nothing but rivers of blood."
What happened in the weeks after independence made the earlier rioting look like
fisticuffs among school children. Two days after the transfer of power, Sheikhpura, a
prosperous border town in Pakistan, witnessed a massacre of Hindus in which several
thousand were killed. Amritsar a large city on the Indian side of the border and for long
the stronghold of militant Sikhs and Hindus, reacted by committing acts of unspeakable
barbarity towards the Muslim minority. This retaliatory action set into motion a process
of action-and-reaction of massacres that engulfed all of West Pakistan on one side and the
whole of East Punjab on the other side, besides affecting Delhi and Western Uttar
Pradesh and princely states like Patiala, Alwar and Bharatpur. In the holocaust, railway
trains carrying terror-stricken refugees from one side to the other were stopped and the
bulk of the passengers were mercilessly butchered.
Before the end of the year half a million people had been killed. In the movement of
refugees four and one-half million Hindus and Sikhs left West Pakistan for India; six
million Muslims moved in the other direction. The costs of human suffering were,
nevertheless, enormous : more than one million persons crossed the Bengal border from
East Pakistan into India, leaving behind most of their possessions and bringing with them
a bitterness that was to infect the communal life of Calcutta for years to come.
The Punjab was brought under control, but as hundreds of thousands of refugees poured
into Delhi, the Muslims who either had chosen to remain or else could not leave, now
faced a bloodbath of revenge. Gandhi sought to reconcile the communities by his
presence and on January 13, 1948, he began a fast unto death if necessary, to stir "the
conscience of all" —Hindu, Muslim and Sikh. The fast, which lasted five days and
brought the Mahatma near death, ended only with the Indian Government's agreement to
release Pakistan's share of the assets of British India and with agreement by
representatives of all --------„;«„,, iPri bv Nebxv^ Prasad and Azad, "to protect life,
property and60
INDIAN GOVERNMENT AND POLITICS
on behalf of the Muslims and a bomb attempt was made on Gandhi's life, and then on
January 30, twelve days after he had broken his fast, as he proceeded to his prayer
meeting on the lawn of Birla House, he was shot by a young Hindu fanatic. That evening,
Nehru announced to the world, "The light has gone out of our lives and there is darkness
everywhere....."
Integration of the Princely States
The Indian Independence Act of 1947 did not propose a solution for the problem of the
Indian States, but it did terminate the paramountcy of the British Crown over these
political units and granted their independence.3 But it was obviously absurd to think of
the subcontinent peppered with scores of other "Independent States", ranging in size from
Hyderabad and Jammu and Kashmir, each having an area of more than 80,000 square
miles, to states comprising a few score acres.
The position of the British Government and the Indian National Congress on this issue
was clear enough. In his speech introducing the Indian Independence Bill in the House of
Commons on July 5, 1947, Prime Minister Attlee said : "It is the hope of His Majesty's
Government that all the States will in due course find their appropriate place with one or
the other Dominion within the British Commonwealth." On July 15, 1947, the All India
Congress Committee categorically rejected the claims of some of the States to
independence. Speaking at this meeting of the A.I.C.C., Nehru declared that the States
had only two alternatives; they could join the Indian Union either individually or in
groups. "There is no third way out of the situation—third way meaning independence or
special relation to a foreign power."
Immediately after the plan to partition the subcontinent and to grant independence on
August 15, 1947 was announced by the British Government, the Interim Government
decided to set-up a States Ministry to handle the problem of the integration of the Indian
States. Sardar Vallabh Bhai Patel was placed in charge of the States Ministry, and in the
next two years or so this determined and influential man, by a combination of cajolery
and firmness, not only secured the accession of most of the Indian States to the Union of
India but also merged many of these states and laid the foundation of their full integration
into the new Indian nation. "The work accomplished by him at the States Ministry
amounts to a silent revolution. The accession of the States to the Indian Union was
secured by peaceful negotiations before August 15, 1947 and in a little over two years
after independence the political geography of India was rationalised by the merger or the
consolidation and integration of the
States.....India was unified as never before in her history. Sardar Patel may be
truly described as the architect of Indian unity."4
Patel's first act as the States Minister was to appeal to all the princely rulers of Indian
States in territories contiguous to the Indian Union to be, to accede to the Union in three
subjects : foreign relations, defence and communications. Lord Mountbatten in an
address to the Chamber of Princes on July 25, 1947 made the same appeal. In a
remarkable display of cooperation, whatever their misgivings, the Indian Princes
responded to these appeals. By 31st July all the hurdles had been crossed and all the
knots unravelled and the instruments of accession and the standstill agreement were
approved by the full negotiating committee. During the subsequent week most of the
rulers signified their willingness to sign the two precious documents but some stood out,
the prominent among them being Hyderabad, Jammu and Kashmir, Travancore, Bhopal,
Indore, Dholpur, Nabha, Junagadh and Jodhpur. All theseINDIA ON THE EVE OF
INDEPENDENCE
61
had mixed motives for their aloofness. Hyderabad had a dream of independence and
separate existence. Jammu and Kashmir had its difficulties which Patel fully appreciated
and for which he was prepared to wait. Travancore asserted its independence on the
transfer of power. Bhopal believed in the evolution of a third force and was more in line
with the ideas of Sir Conard Corfield on this subject. Jodhpur got himself involved in
unfortunate intrigues with Jinnah who gave him a blank cheque if he acceded to Pakistan.
Indore, Dholpur and Nabha were prepared to follow the lead of Bhopal. Lord
Mountbatten actively engaged himself in trying to persuade C.P. Ramaswamy Aiyar, the
Dewan of Travancore, to accede to India. He finally persuaded him to agree to accession.
But Ramaswamy Aiyar, on his return, had to contend with a strong agitation by the
Travancore Congress and was subsequently attacked and seriously wounded.
Travancore's accession was followed by Patel's instructions to the Travancore State
Congress to suspend their campaign of direct action. The Maharaja of Jodhpur had
literally to be enticed away during the course of one of his visits to Jinnah and tackled by
Patel who was a friend of his father and towards whom the Maharaja displayed an
attitude of veneration and respect. Thereafter, the Maharaja was taken to Lord
Mountbatten and after he had successfully persuaded him into doing so, he signed the
Instrument of Accession. The Nawab of Bhopal who was a personal friend of Lord
Mountbatten had not attended the meeting on 25th July but later was persuaded to sign
the Instrument of Accession. Characteristically, the Nawab made it a condition that his
signature should not be announced for some days after the transfer of power. This was
because he was deeply committed to the Maharaja of Indore, Dholpur and Nabha to
oppose accession and felt that a premature disclosure would compromise his position.
Finally, however, all of them, Dholpur, Bharatpur, Bilaspur and Nabha signed the
Instrument of Accession before 15th August since they realised that if they did not do so,
they might be treated in a different category altogether after Independence.
By August 15, 1947, all but three of the Indian States whose territories were
geographically contiguous to the new State of India had acceded to the Indian Union. The
three exceptions were significant, particularly since they imposed1 further strains on the
already unhappy relations with Pakistan.
The Muslim ruler of Junagarh, a tiny state in Kathiawar, near the south-eastern frontier of
West Pakistan, acceded to Pakistan, and Pakistan accepted the accession even though the
population of the State was predominantly Hindu. Encouraged no doubt by outside
forces, the people of the State forced the ruler to flee, and in November 1947 the Muslim
Dewan was compelled to invite the Government of India to intervene. That Junagarh
become associated with the Indian Union after a plebiscite in February 1948 showed that
this was the wish of the overwhelming majority of its people. Hyderabad6 with a Muslim
ruler, the Nizam, and a Hindu majority, presented a similar but more complicated
situation. The largest of the princely states, Hyderabad, though landlocked in the heart of
India, sought independence as a sovereign state and entered a one-year standstill
agreement with India while negotiations proceeded. With increasing disorder in
Hyderabad and the rising influence of paramilitary Muslim extremists, the Indian
Government moved troops into the State in a 'police action' to restore law and order.
Hyderabad then acceded to the Indian Union.
- _!._ --1____1_ J 62
INDIAN GOVERNMENT AND POLITICS
contrary to the advice of Lord Mountbatten. The Muslims were concentrated ir the Central valley,
the vale of Kashmir, while the Hindu minority concentratec in the region of Jammu to the South.
As invading Pathan tribesmen frorr Pakistan pushed towards the capital of Srinagar, the Maharaja
called upor India for military assistance. India, on the recommendation of Mountbatten refused to
send troops unless Kashmir agreed to accede formally to India. Witt accession, India announced
its intention, once peace was restored, to hold f plebiscite on the choice of India or Pakistan.
Because of armed conflict betweei the two states over Kashmir in 1948, the subsequent
demarcation of a Unitec Nations cease-fire line, and Pakistan being an ally of the Western power
bloc, th( plebiscite was never held. Since then India has come to regard Kashmir as ai integral
part of its own territory, arguing that Kashmir legally acceded to India.
Once the Princely States had acceded to India, the process of integratior began. The integration
took place in three ways—certain States were mergec with the former British Provinces, some
areas were kept under the direc control of the Central Government, and certain states were
federated together
Certain States which were too small to form separate administrative units were merged with the
nearby Princely States or the former British Provinces All such states lost their identity in the
process. Thus 24 States of Orissa anc 14 States of the Central Provinces decided to merge with
the province of Orissa In the Deccan, all the States, except Kolhapur, merged with the Province o
Bombay. In the south, Banganapalle and Pudukottah joined the Province o Madras. About 30
States merged themselves to constitute the Union o Saurashtra. The East Punjab States were
merged with Patiala and PEPSU was formed. In Himachal Pradesh, Rajasthan, Vindhya Pradesh
and Madhyj Bharat also similar unions of states were formed. Thus some large States, plus 275
smaller states which were merged into five State Unions, became the eightl Part B States of the
Indian Union. Two hundred and sixteen States were mergec with the part A States. Sixty-one
others were merged with Part C states. Afte: the reorganisation of the States in November 1956,
Hyderabad disappeared ai a separate unit, and only Mysore and Jammu and Kashmir retained
their ok names.
Problems of Linguistic Reorganisation of States
The ever-increasing number of States in India is the result of social anc political pressures from
the various regions for reorganising the country int< administrative areas that correspond with the
main language divisions of th< country. As such, the Indian States of today were not pre-existing
autonomoui units brought together after 1947. Before independence, most of the officia
boundaries had been determined by the circumstances of conquest and expan sion. A demand for
redrawing the state boundaries on a linguistic basis, mad< before independence, was reiterated in
the Constituent Assembly. The Da: Commission, appointed by the Constituent Assembly in 1948
to examine th< formation of linguistic states recommended against their creation for fear tha it
would lead to disintegration of the country and harm national unity. Thi proponents of linguistic
patriotism, however, continued their agitation and th< JPV Committee (composed of Jawaharlal
Nehru, Pattabhi Sitaramayya anc Vallabh Bhai Patel), appointed by the Congress in late 1948
realised that th< strong demand for linguistic States concentrated all government attention on tha
issue and delay in resolving the issue would eventually harm the unity of India In particular, they
argued for a separate Telugu speaking Andhra. After consider able agitation and violence in 1952,
a new state of Andhra Pradesh was finall; created in October 1953, for the Telugu speaking
people of North Madras.INDIA ON THE EVE OF INDEPENDENCE
63
The creation of Andhra Pradesh paved the way for demand and agitation from other areas
and following the report in 1956 of the State Reorganisation Commission, major state
boundaries were redrawn in response to various linguistic pressures. The Indian Union
was reorganised into 14 States each of which had a clearly dominant language except
Greater Bombay, which remained a bilingual state.
The non-acceptance of the demand of splitting Bombay into Gujarat and Maharashtra led
to riots in Bombay in January 1956. CD. Deshmukh resigned from the central cabinet on
this issue. As a result of the States Reorganisation Act, two language front organisations
came into being—the Samyukta Maharashtra Samiti and the Maha Gujarat Janata
Parishad. In 1960, the bilingual state of Bombay was also split into Gujarat and
Maharashtra.
The demand for a Punjabi Suba was not conceded at all in spite of the threats that Master
Tara Singh held out. It was only after Sant Fateh Singh gave out a date for self-
immolation that Shastri and Kamraj ultimately agreed to divide Punjab into two : the
Punjabi speaking state of Punjab and the Hindi speaking state of Haryana. This was done
in 1966. Further division of the country proceeded till the number of states in India rose
to twenty-eight. Dominant social groups in each area used language as the criteria for
redrawing state boundaries, thereby rising to the position of the majority group in the
state. By virtue of being the majority group they hoped to have a major share of political
power and economic advancement.
Though formed on a linguistic basis, all states inevitably have a varying proportion of
linguistic minority groups, with the result that whereas before independence India had
one minority problem—that of the Muslims—today there are minority problems in all the
states of the Union.
Problems of Economic Underdevelopment
On the eve of independence in 1947 when the British transferred power to India, we
inherited a crippled economy with a stagnant agriculture and a peasantry steeped in
poverty. The stagnant per capita income portrayed the fact that during the British rule, the
Indian economy had become incapable of a higher growth rate. The rate of net
investment at the end of the British period remained stuck at a very low level of 5 per
cent of national income. The capital stock in fact declined during the second world war
when the British used the country's capital equipment very intensively for war-purposes
with almost no provision for its replacement. The partition of the country into India and
Pakistan in 1947 gave a further blow to the country's productive capacity. For a
population of 18 per cent which formed Pakistan, India lost 23 per cent of its territory.
India also lost rich fertile lands which grow jute, raw cotton and foodgrains. The
industrial sector had not only become small, but also structurally very unbalanced. After
about 100 years of the British rule, the literates were a tiny fraction of the population. As
per 1941 census, the literates were only 17 per cent of the total population. The agrarian
relations were mostly moulded into semi-feudalism. Thus, with falling per capita income
and a deteriorating productive structure, India not only stagnated, it decayed. In the words
of V. V. Bhatt, the Indian economy was passing through a phase of economic stagnation
or may be of economic decay. In brief, India, instead of developing, became
underdeveloped.
Conclusions
Bhabani Sen Gupta, a leading political analyst, has rightly observed, "The64
INDIAN GOVERNMENT AND POLITICS
midst of blood and brotherhood, draped in flashes of light and covered with
patches of darkness.....It dared itself by adopting a vibrant democratic system
of government extending the right to vote as well as the basic human rights to its 350
million people, the overwhelming majority of whom were illiterate, poor and victims of
ill-health."8
The achievement of independence was dimmed by the tragedy of partition and the
assassination of Gandhi. The partition, in dividing Hindus and Muslims, had shattered
Gandhi's dream of a free and united India, but the territorial division left millions of each
community on both sides of the border. On the eve of independence, India faced the
problems of consolidation—the integration of the princely states and the framing of a
constitution.
One of the most important achievements of this period of transition was the Constitution.
This document, symbol of India's new freedom, embodied the basic principles for which
the Congress had long struggled and provided the institutional framework for the political
life of modern India.
Egalitarianism and secular democracy came to be the two pillars on which the structure
of the Indian Republic was to rest. It was clear that the policy in view was participatory,
having a meaning for all, even among the lowliest in the economic, religious or caste
fields. Dr. B.R. Ambedkar, who piloted the Constitution, saw to it that the country
accepted the concept which fitted into the ideals of freedom fighters as well as the needs
of multi-religious and multi-cultural India. He reiterated the basic principle : "One man,
one vote". But, at the same time, he emphasisted that such a right should become "one
man, one value" so that the country would become a real, democratic, secular entity.
In the first year of Independence there was an over-emphasis on the past glory but also a
fervour — and willingness — to build India. At the same time there was a naive belief
that the problem of underdevelopment and poverty would find an easy, if not an
automatic, solution with the dawn of Independence. It was a strange mixture of
exuberance, over-confidence and over-expectation. Left untapped, enthusiasm was bound
to change into disillusionment and this is what happened.
While many constitutions of nations framed after the second world war have floundered
and gone into oblivion, our Constitution has successfully faced many crisis and survived.
This itself is evidence of its resilience, dynamism and growth potential.
Today, the unity and integrity of India seems to be at stake. But "even this shall pass
away". Indian society will, in course of time, acquire the requisite political culture—the
attitudes and habits of toleration, mutual respect and goodwill, which alone can make
democracy workable.
REFERENCES
1.
M.C. Setalwad, "Union and State Relations under the Indian Constitution" (Tagore Law Lectures), p. 31.
2. Krishna Bhatia, The Ordeal of Nationhood, 1971.
3. Norman D. Palmer, The Indian Political System (New York, 1970), p. 95.
4. N. Srinivasan, Democratic Government in India (Calcutta, 1954), p. 108.
5. V. Shankar, My Reminiscences ofSardar Patel, Vol. I (Delhi, 1974), pp. 86-87.
6. Durga Das, India—From Curzga. to Nehru and After (Collins, 1974), pp. 284-286. Nani A. Palkhivala, We, the
Nation (New Delhi, 1994), p. 13.
Bhabani Sen Gupta, India—Problems of Governance (Delhi, 1996), p. 2.
7. Chapter 4
APPROACHES TO THE STUDY OF
INDIAN POLITICS
India is a particularly significant laboratory of political, economic and social development and
change. It is a static society in progress, with a political system grounded in conservative
traditions but nevertheless in a process of change. In the strictest sense of the term India has
perhaps not yet evolved a real political system at all; but it has a well-established framework of
government and law which is a working reality, although to be sure it sometimes operates in
peculiar ways and is often strangely affected by non-political forces and development.
For scholars of politics, India is perhaps the most important of all the newer countries of the so-
called 'third world'. In view of its long and complex past, its vast population and its present
position, the special importance of India can be generally recognised without doing an injustice to
any other country.
APPROACH : MEANING AND NATURE
An approach, in simple terms may be defined as a way of looking at and then explaining a
particular phenomenon. An approach, in fact, consists of criteria employed in selecting the
problems or questions and the data for investigation.2 In other words, an approach is a set of
standards governing the inclusion or exclusion of questions and data for academic purposes. The
perspective may be broad enough to cover a vast area like world as a whole in the study of
politics or it may be very limited embracing just an aspect of local, regional or national politics.
The terms approach and method are frequently treated as synonymous and so are the terms
method and technique. But a clear idea about the meaning of these terms is necessary for a correct
understanding. An approach is a way of looking at and then explaining a particular thing. A
method is an epis-temological assumption on which search for knowledge is based, whereas
techniques denote the operations and activities involved in the collection and interpretation of
data. Some would prefer to call the set of such operations and activities a tool.
Approaches to the study of politics are so many. As the criteria for selecting the problems and
data or questions seeking answers to some questions are determined by the standpoint that a
scholar adopts or makes use of, so there may be several approaches.4 When a particular approach
is adopted in selecting the problems and data, it has a tendency to establish the all inclusiveness
of that approach and to claim its adoption by other scholars. This tendency also ultimately leads
to an insistence on the adoption of the same methods and66
INDIAN GOVERNMENT AND POLITICS
The all inclusiveness of an approach looks at all facts from its own angle and explains the
phenomenon also from the same angle. When a scholar seeks to channelise his efforts into a
presentable form, the same approach leads to the utilisation of a particular method. Approaches
and methods, in this way, become closely inter-related themes.5 , .
The character of an approach determines the character of generalisation, explanation, prediction
and prescription—all of which are among the main functions of a theory. Therefore, an approach
is closely related to a theory. An approach is transformed into a theory if and when its function
extends beyond the selection of problems and data about the subject under study.
INDIAN POLITICS : DIVERGENT APPROACHES
What really makes the study of Indian Politics significant as well as interesting, even perplexing,
to a scholar of this subject is the use of different approaches to understand and explain 'political
reality'.
Approaches to the study of Indian Politics may be broadly classified into two categories—
traditional and modern or normative and empirical. While the former is said to be 'value-laden',
the latter is known for being 'value-free'. The traditional approaches have a historical, descriptive
and prescriptive character while modern approaches are marked by empirical investigation of the
relevant data. The major varieties of traditional approaches are : Philosophical Approach,
Historical Approach, Institutional Approach, Comparative Approach and Legal Approach, while
the important modern approaches are : Sociological Approach, Psychological Approach, Systems
Approach, Behavioural Approach and Marxist Approach. Let us discuss the divergent approaches
:
1. Philosophical Approach : The oldest approach to the study of Indian Politics is Philosophical.
It is also known by the name of Ethical Approach. It takes an overall view of human development
but draws metaphysical conclusions. It is concerned with normative considerations and value
judgments. Another aspect of philosophy which recently acquired importance is the aspect of
ideology. Ideologies deal with questions like who will be the rulers? How to select the rulers? By
what principles will they govern? etc. In recent times ideology has come to explain the role of the
political parties in relation to economic development of a nation. Therefore, ideology in a given
political system forms the fabric of social structure.
The intellectual journey from Raja Ram Mohan Roy to Mahatma Gandhi in Indian Politics is a
testimony of their philosophical mind. The leaders of the Indian renaissance emphasised the
importance of ethical values in politics. They never accepted the aim of modernisation in India
was to imitate the west. They regarded science as a triumph of the human intellect and an
indispensable power to create better material conditions of life. But they protested that the growth
of science at the expense of the inner growth of man had led to a situation of servitude and
alienation in which means were increasingly becoming ends. They argued that scientific progress
without spiritual progress was mere binding of the human spirit. Sri Aurobindo and many others
even spoke of the spiritual mission of India against the hedonistic, wordly aims of the modern
west.
Vivekanand was the advocate of the religious theory of nationalism, because religion, he stated,
had to be made the backbone of the national life. Aurobindo and Gandhi also argued in the same
way. Gandhi like Gokhale wanted a spiritualization of politics. Gandhi stressed that non-violence
alone could lead to true democracy. In Gandhian Philosophy means and ends areAPPROACHES TO
THE STUDY OF INDIAN POLITICS
67
convertible terms. The two are inseparable and should be equally pure. That the end in high and
laudable is not enough for him, the means too must be moral. To quote Gandhiji, "As the means
so the end." "The means may be likened to a seed, the end to a tree; and there is just the same
inviolable connection between the means and the end as there is between the seed and the tree." 7
The Gita Doctrine of nishkama karma (action without attachment) also teaches us that a good
deed produces only a good result. So Gandhiji believes that "if one takes care of the means, the
end will take care of itself."
Thus, Vivekanand, Aurobindo, Gokhale, Gandhi and even Nehru had a spiritual approach to
politics. Their approach to politics and political problems was rooted in moral-ethical values. The
following writings on Indian Politics have a philosophical bent of approach:
1 2. 3. 4.
Sri Aurobindo M. K. Gandhi Shriman Narayan K. P. Karunakaran Ram Manohar Lohia N. K.
Bose
The Spirit and Form of Indian Polity The Story of My Experiments with Truth Gandhian
Constitution for India Modern Indian Political Tradition
b. Kam Manonar .Lonia : Marx, Gandhi and Socialism 6. N. K. Bose : Studies
in Gandhism (ed).
The Philosophical Approach is criticised for being speculative and abstract. It is accused of being
hypothetical and makes politics a handmaid of ethics. However, values are indispensable part of
political philosophy and they cannot be excluded from the study of politics.
2. Historical Approach : History serves as a best kind of laboratory for Political Science. It is the
store-house of incidents pertaining to human life. It keeps in secret the record of the progress and
downfall of human civilisation and culture. It provides political theories, in a great measure, the
fulgent rawish materials and adorable data for comparison and induction, regarding the
development of political institutions and the extent to which they fulfil the purpose of their
existence. It is through history that politics can be used to exhilarate life, to understand
assiduously the political phenomenon, to demonstrate the creative manifestations and unbosom
the movements of political life. To neglect the study of history is to neglect the real source of
knowledge relevant to the study of political ideas and institutions. 9 The origin of every political
institution can be traced in the pages of history. Therefore, it becomes necessary to seek the help
of history, if we wish to learn about the origin and development of political institutions in India.
An approach to unfamiliar country is often successfully made through imaginative literature and
biographical writings. English writers who have provided penetrating insights into important
aspects of Indian situations and temperament include E. M. Forster (Passage to India, 1924),
L.H. Mayers and Paul Scott.
India's cultural traditions and her pre-British past are almost inseparable. They can be studied in
histories such as A. L. Basham, The Wonder That Was India (1954); Romila Thapar, The History
of India, Vol. I (1966); Sir Jadunath Sarkar, India Through the Ages (1951); R.C. Mazumdar,
Ancient India and Jawahar Lai Nehru, Discovery of India (1946). That part of the pre-British
experience which concerns political institutions and ideas about government may be approached
through D. Mackenzie Brown, The White Umbrella (1953), which gives excerpts from Indian
writings and brief commentaries, Kautilya's Arthashastra, the medieval classic, U. N. Ghoshal's
General Survey, History of Hindu Political Ideas and J. W. Spellman, Political Theory of Ancient
India68
INDIAN GOVERNMENT AND POLITICS
The structure of British Government in India and its constitutional development are described in
A. B. Keith, Constitutional History of India (1963) and R. Coupland, Report on the
Constitutional Problem in India (1942). Closer views of administration are given by L. S. S. O'
Malley, Indian Civil Service (1931) and E. A. H. Blunt, The ICS (1937), while H. Tinker, The
Foundations of Local Self-Government in India, Pakistan and Burma (1954) is the standard work
on its aspect of the subject. The politics of the period leading upto independence is landmarked
by two documents related to the reforms of 1919 and 1935; (The Montague-Chelmsford) Report
on Indian Constitutional Reforms and The (Simon) Report of The Indian Statutory Commission.
The aspect of the story concerning the Princely States is dealt within V.P. Menon, The
Integration of Indian States and U. Phadnis, Towards the Integration of Indian States (1968).
Dr. Subhash C. Kashyap's study of our parliamentary system in his book 'The History of the
Parliament of India' traces the growth of representative institutions on our soil from very early
times to the modern age. Part I is a voyage for the discovery of Parliament and its sources. It
covers the period from the earliest beginnings of democratic deliberative bodies in the Vedic age
and the Buddhist texts down to the colonial era of the British rule when modern parliamentary
institutions had an organic growth on the Indian soil through an interaction between national
demands and constitutional reforms grudgingly and haltingly granted but finally culminating in
India's independence on August 15, 1947. Besides Legislative Centralism (1833-61),
Decentralised Legislation (1861-1909) and the institutions created under Minto-Morley Reforms
(1909-20) the working of the Central Legislature—the Assembly and the Council—during 1920-
47 has been analysed and discussed in depth.
The essays contained in "Looking Back : India in the Twentieth Century" (Editors, N. N. Vohra-
Sabyasachi Bhattacharya, 2002, National Book Trust, India) look back at India in the last century.
The authors evaluate the historical experience and reflect on the prospects the 21st century holds
for us.
Like other approaches, Historical Approach has its limitations. Lord Bryce has warned us against
superficial resemblances. He points out that 'historical parallels' are generally interesting and
sometimes illuminating but are always 'misleading'. The historical investigator, according to
Sidgwick, is exposed to emotional influences. It only tells us what the political institutions have
been, it does not give valuable suggestions to meet the demands of the present and the future.
3. Institutional Approach : The distinguishing feature of this approach is that here a student of
politics lays strees on the study of the formal structures of a political organisation like legislature,
executive and judiciary. The Institutional or Structural Approach may be visualised in the works
of N.D. Palmer (Indian Political System), Ashok Chanda (Indian Administration), W. H. Morris
Jones (Parliament in India), A. B. Lai (The Indian Parliament), J. R. Siwach, (The Indian
President), B. B. Jena (Parliamentary Committees in India), etc. The constitutional framework of
Indian Politics and the working of parliament and the executive has had more adequate treatment
than most aspect of the subject.
The Institutional Approach is also known by the name of Structural Approach. This approach has
been criticised for being too narrow. It ignores the role of individuals who constitute and operates
the formal, as well as informal, structures and sub-structure of the Indian political
system.APPROACHES TO THE STUDY OF INDIAN POLITICS
69
4. Comparative Approach : Gilchrist believes that this approach is rather a supplement to the
Historical Approach. This approach aims at the study of existing politics or those which have
existed in the past to assemble a definite body of material from which the investigator, by
selection, comparison and elimination, may discover the ideal types of progressive forces of
political history. The very essence of this approach lies in comparing different historical facts and
political events with a view to finding out the causes responsible for them. For example, the
approach of the Constituent Assembly of India was somewhat comparative. The Advisor of the
Constituent Assembly visited a number of progressive nations, studied their constitutions and
after having compared these constitutions, he gave his report. The Constituent Assembly took a
very great advantage of it and included, in Indian Constitution, many features, borrowed from
foreign constitutions.
5. Legal Approach : Here the study of politics is mixed up with legal processes and institutions.
The reason being that there is interdependence between the law and the governmental institutions.
More so in the case of parliamentary systems like India—where there is a written constitution
according to which the governmental institutions run. Further, the basic function of parliament is
to enact and amend the laws. The institutions that work adjoining to Parliament are meant to
interpret and execute the laws brought out by the Parliament. For example, courts and executive
bodies like Cabinet are meant for this. Thus, one finds a close relationship between the law and
the institution.
In this context, we may refer to the works of D.D. Basu, M.V. Pylee, M.C. Setalwad, A. Gledhill
and B. Rau. D.D. Basu, Commentary on the Constitution of India is the standard full length
lawyer's commentary, but M. V. Pylee, Constitutional Government in India is comprehensive and
less technical, while C. H. Alexandrowicz, Constitutional Developments in India is the most
valuable analysis of the main provisions. The best introduction to law in India is G. C. Rankin,
Background to Indian Law, and the best brief accounts of the system of law are M.C. Setalwad,
The Common Law in India and A. Gledhill, The Republic of India.
The Legal Approach has several inadequacies. Many socio-political questions can not be
explained in terms of the legal framework. It does not explain the character of social classes—the
nature of economically dominant groups over all other social groups. It also does not explain the
internal contradictions of socio-political system.
6. Sociological Approach : The Sociological Approach to the study of politics lias become very
popular now. Eminent writers like Mclver, David Easton, G.A. Almond, etc. have accepted the
view that state is more of a social than that of a political institution. That is, social context is
necessary for the understanding and explanation of political behaviour of individuals. It is the
social whole in which we find the individuals having a status and playing a role. Besides as
society is a network of numerous associations and groups which play their own part in the
operation of the politics of a country, this approach automatically suggests an investigation of the
study of interest groups that constitute infrastructure of a political system.
The social setting of Indian Politics has become the subject of keen study in recent years. Here it
is enough to indicate some of the key works and specially those which have a fairly explicit
bearing on political life of earlier studies, two which retain a value are B. H. Baden-Powell, The
Indian Village Community
At. tliP epntre of70
INDIAN GOVERNMENT AND POLITICS
recent social research are studies of villages and the significance of caste in rural communities.
Some of the more path-breaking contributions have been M. N. Srinivas (Ed). Caste in India and
Other Essays (1962); Social Change in Modern India (1966); F. G. Bailey, Caste and The
Economic Frontier (1957); S. C. Dube, Indian Village (1955); T. Zinkin, Caste Today (1962).
There have also been valuable studies of particular social groups and religious communities: R.
L. Hardgrave, The Nadars ofTamilnad (1969); Kushwant Singh, The Sikha (1953); D. R. Gadgil,
Origins of The Modern Indian Business-class (1959). The other significant works based on
Sociological Approach are: L. and S. Rudolph, The Modernity of Tradition (1967); R. Bhaskaran,
Sociology of Politics (1967); Rajni Kothari, Caste in Indian Politics (1970); Myron Weiner, The
Politics of Scarcity (1962); B. L. Fadia, Pressure Groups in Indian Politics (1980), Pavan K.
Varma, The Great Indian Middle Class (1998) and Being Indian (2004). Dipankar Gupta's
'Interrogating Caste' (2004, Penguin Books) is a remarkable work that de-exoticizes caste system
and provides fresh insight into caste as a social, political and economic reality.
7. Systems Approach : Political scientists like David Easton and G. A. Almond have made use of
systems analysis in Political Science and thus contributed much to the literature on empirical
political theory. A 'System' according to Almond is characterised by (1) comprehensiveness, (2)
inter-dependence, and (3) existence of boundaries. A system is comprehensive in the sense it
includes all the interactions—inputs as well as outputs. Interdependence means that the various
sub-sets of the system are so closely connected with each other that a change in one sub-set
produces a change in all the other sub-sets. Almond defined boundary as "points where other
systems end and the political system begins."
Myron Weiner's framework in his volume 'State Politics in India' reflects a distinct bias towards
the 'Systems Approach'. His approach treats each state as a constituent unit within a larger
system, but nonetheless also as a separate political system. Thus, he says that the states can be
studied "as constituent units of a larger system, and the units themselves are large enough to be
studied as total systems. In fact, he tries to describe and analyse "the political process in a single
state" and relates that process to (a) the socio-economic environment in which politics occurs, and
(b) the performance of the government.
8. Behavioural Approach : Behavioural Approach has laid emphasis on the collection and
examination of 'facts' relating to the actual behaviour of man as a social and political being. It
specifies as the unit of object of both the theoretical and empirical analysis the behaviour of
persons and social groups rather than events, structures, institutions or ideologies. There is a large
and growing literature in India on the electoral part of the framework of politics based on
empirical findings. Some important studies are: A. H. Somjee, Voting Behaviour and Indian
Villages (1959); Myron Weiner and Rajni Kothari (Eds.), Voting Behaviour in India (1965);
Rajni Kothari (Eds.), Party Systems and Election Studies (1967); etc.
9. Development Approach : The new generation of political scientists came to realise that the non-
western political process could be successfully studied through the 'Political Development
Approach'. This approach in the study of comparative politics was so expanded as to include,
besides the analysis of political institutions and structures, a wide range of ecological forces.
India's politics can also be reached by the different route of comparative politics and APPROACHES
TO THE STUDY OF INDIAN POLITICS
71
in particular the politics of new states and the problems of political development. Relevant
philosophical considerations are contained in J. Plamenatz, On Alien Rule and Self-Government
(1960); E. Kedourie, Nationalism (1960) and J. R. Pennock, Self Government in Modernising
Nations (1964). The most important work is probably G. Almond and J. Coleman (Eds.), The
Politics of Developing Areas (I960) carried forward by G. Almond and G. B. Powell,
Comparative Politics : A Developmental Approach (1966). This was followed by the seven
volumes in the Princeton Studies in Political Development Series including especially those
dealing with Bureaucracy (Ed. J. La Palombara), Political Parties (Eds. Myron Weiner and J. La
Palombara) and Political Culture (Eds. L. W. Pye and S. Verba).
A key message of Atul Kohli's study (Democracy and Discontent, Cambridge University Press,
1991) is that over the last two decades India has had too much of the 'wrong' kind of democracy
and not enough of the 'right' kind. Because a highly interventionist but ineffectual national
government and weak political parties are major factors in India's governability crisis,
strengthening party organisations and bringing the national government's capacities in line with
its commitments are important pre-requisites for better democratic government in India, as they
are in other, similar low income democracies.
The second edition of Paul R. Brass's "The Politics of India since Independence" (2001,
Cambridge University Press) focused on deepening crisis of national unity which have affected
the Indian State in the past four years, the intensified inter-caste conflict, the proposed
transformations in the Indian economy and the political electoral changes in the party system,
especially those associated with the continuing decline of the Congress and the rise of the BJP. 10
Conclusions
While divergent approaches to the study of Indian Politics may be broadly grouped into two
categories—traditional and modern—a sort of overlapping cannot be lost sight of. It is a different
matter that we treat the former as loaded with normativism and the latter with empiricism. These
approaches also should not be treated as mutually exclusive. Most of them are inter-related. In
order to cover the wide scope of Indian Politics, we have to seek the assistance of almost all the
approaches. Historical and sociological approaches are not contrary to each other. On the
contrary, they are complementary to each other.
REFERENCES
1. Norman D. Palmer, The Indian Political System (London, 1961), Preface.
2. Vernon Van Dyke, Political Science : A Philosophical Analysis (Standford, 1962), p. 114.
3. J. C. Johari, Comparative Politics (New Delhi, 1988), p. 21.
4. Ibid.
5. Ibid.
6. Mahendra Kumar, Theoretical Aspects of International Politics (Agra, 1988), p. 48.
7. Hind Swaraj, p. 60.
8. Gopinath Dhawan, The Political Philosophy ofMahatma Gandhi (Ahmedabad, 1946), p. 54.
9. L. S. Rathore, In Defence of Political Theory (Delhi, 1986), p. 72.
10 Paul R. Brass, The Politics of India since Independence (Second edition, Cambridge University Press), Preface.
Chapter 5
THE CONSTITUENT ASSEMBLY OF
INDIA
ITS PERCEPTIONS OF
THE FUTURE INDIAN POLITY
The enormous task of drafting free India's Constitution was taken up by the Constituent
Assembly. The Assembly brought into being by the will of the Indian people, with the help of the
British, drafted a Constitution for India in the years from December 1946 to December 1949.
During this period, it had eleven sessions and 165 days of actual work. After deliberation spread
over three years, the historic document—free India's Constitution adopted by the Assembly on
November 26, 1949 and it came into force on January 26, 1950. The draft Constitution had 315
Articles and 13 Schedules. The final form of the Constitution, as it was originally passed in 1949,
had 395 Articles and 8 Schedules. This shows that original draft had undergone considerable
changes. In fact, there were notices for over 7,000 amendments to the draft Constitution. Of these
2,473 were actually moved, debated and disposed of. This alone should show the manner in
which the Assembly conducted its business. To any one who goes through the proceedings of the
Assembly, it will be abundantly clear that it was indeed a great democratic exercise. Discussion
was encouraged to the maximum. There was great tolerance of criticism and no impatience with
long drawn out debates, no attempt to hustle through, no endeavour to imposition. It was a full-
fledged democratic procedure of which Indians can be proud. The modern concept of Constituent
Assembly is a western political contribution to the science of government. Its origin may be
traced to the natural law philosophy of the 17th and 18th centuries. John Locke's concept of the
government as a 'fiduciary trust'1 and Rousseau's idea of the General Will2 did influence the rise
of the concept of constitutional conventions. The Philadelphia Convention of 1776 was
influenced by Lockian philosophy, and it influenced, in turn, the French National Assembly of
1789.3 The idea of constitutional conventions which was adopted in the making of several
European constitutions in the 19th century, became in the 20th century, especially after the
Second World War, very popular.4 The framers of the Indian Constitution accepted the influence
of the west in this respect. Pandit Jawahar Lai Nehru, while moving the Objective Resolutions in
the Indian Constituent Assembly referred to the Philadelphia Convention, the French
experiment and the Russian Revolution as sources of inspiration.THE CONSTITUENT ASSEMBLY
OF INDIA
73
MEANING OF THE CONSTITUENT ASSEMBLY
A constituent assembly has been defined variously. Dood had defined it as "a representative body
chosen for the purpose of considering and either adopting or proposing a new constitution or
changes in the existing constitution." According to Abbe Siezes, it is "an assembly of
extraordinary representatives to which the nation shall have entrusted the authority to make a
constitution or at any point to define its content."
A constituent assembly is a democratic device for formulating or adopting a new constitution or
for bringing about some fundamental changes in an existing constitution by a free people. The
concept of a constituent assembly implies the right of a people to determine their own future and
decide the nature and type of polity under which they would like to live. The right of people to
give to themselves a constitution of their choice through a representative constituent assembly is
an essential attribute of national freedom.
The fathers of the Indian Constitution conceived of a constituent assembly as something dynamic,
not merely a body of representatives but "a nation on the move,"8 it was not only to produce a
constitution for the country, but to throw away "the spell of its past political and possibly social
structure and fashioning for itself a new government of its own making."9
Sir Ivor Jennings has noted three situations in which a constituent assembly comes into being :
When there is "a great social revolution" or "when a nation throws off its foreign yoke" or when
"a nation is created by the fusion of smaller political units." Whatever the circumstances,
Jennings points out, "the need is felt and some person is set to draft a constitution." 10 The Indian
Constituent Assembly, according to this view, falls into the second category. Its task was mainly
to put an end to British rule in India and to establish an independent Republic of India. But it was
not devoid of revolutionary content. Pt. Nehru spoke of the 'Psychological revolution'that the idea
of the Constituent Assembly created in the mind of the Indian people. It was both a slogan and a
creed "to concretise the fundamental issue in a struggle for freedom", and a method and a
procedure for the framing of a constitution.
EVOLUTION OF THE CONCEPT OF THE CONSTITUENT ASSEMBLY IN INDIA
The origin and growth of the idea of a constituent assembly in the sense of a representative body
called specifically for the purpose of formulating the fundamental law of a country has had a
venerable history in the West and has always carried about itself the aroma of its revolutionary
origin. The earliest constituent assemblies—the Philadelphia Convention of 1787 which framed
the Constitution of the United States of America and the National Assembly of France (1789-91)
were the products of revolutions and registered a break with the past.
In India, the demand for a constituent assembly was, in a sense, implied in the demand for
national freedom. As early as in December 1918, the 33rd session of the Indian National
Congress held at Delhi unanimously adopted a resolution demanding that "the principles of self-
determination should be applied" to India. Writing in Young India on January 5,1922, Mahatma
Gandhi said that Swaraj (Self-rule) of his conception would not be free gift of the British
Parliament but a declaration of India's self-expression, the will of the people of India expressed
"through her freely chosen representatives." On February 8, 1924, Motilal Nehru, the leader of
the Swaraj Party in the Central Legislative Assembly introduced a resolution embodying inter
alia a demand for summon-74
INDIAN GOVERNMENT AND POLITICS
with due regard to the protection of the rights and interests of important minorities, the scheme of
a constitution for India." On May 17, 1927, at the Bombay Session of the Congress, Motilal
Nehru had moved a resolution calling upon the Congress Working Committee to frame a
constitution for India in consultation with the elected members of the Central and Provincial
Legislatures and leaders of political parties. The Congress Working Committee organised an All
Parties Conference at Bombay on May 19, 1928 and appointed a committee, under the
Chairmanship of Motilal Nehru, "to determine the principles of the Constitution of India." The
report of the Committee (submitted on August 10, 1928) which was later to become famous as
the 'Nehru Report', was the first attempt by Indians to frame a constitution of their country. The
constitution embodied in the Report, was based on the principle of Dominion Status with full
responsible government on the parliamentary pattern.
Following the three Indian Round Table Conferences held in London during 1930-32, the British
Government had drafted its own proposals for Constitutional Reforms in India. The proposals
were embodied in a White Paper issued in March 1933. These proposals were found to be highly
unsatisfactory and unacceptable by nationalist Indian opinion. It was becoming forcefully evident
that a natural concomitant of the demand for complete independence was that the constitution for
independent India could be framed only by a representative body of Indians deriving its authority
from the people themselves. Jawahar Lai Nehru was the first to crystallize these ideas in the
concrete and definite form of the demand for a representative constituent assembly for India.
Writing from Lucknow an article for the Daily Herald he observed on October 2, 1933: "A
political solution of the struggle can only come when the Indian people can settle their own
constitution in a popularly elected constituent assembly." Nehru's proposal of a constituent
assembly was for the first time formally accepted by the Congress on June 17-18, 1934. The
Congress Resolution said : "The only satisfactory alternative to the White Paper is a constitution
drawn up by a constituent assembly elected on the basis of adult
suffrage......." The most significant part of Nehru's Presidential Address
delivered on April 12, 1936, was devoted to elucidating his concept of a constituent assembly.
The demand for a representative constituent assembly for framing a constitution "without any
interference by a foreign authority," was repeated at the Haripura (1938) Session of the Congress.
The Ramgarh Session held on March 17-20,1940 reiterated the firm conviction that the people of
India alone could properly shape their own constitution through a constituent assembly elected on
the basis of adult franchise.
The demand for a constituent assembly was for the first time authoritatively conceded by the
British Government, though in an indirect way and with important reservations, in what is known
as the 'August Offer' of 1940. The Cripps Proposals (1942) envisaged the creation of "a new
Indian Union which shall constitute a Dominion ....in no subordinate in any aspect of its domestic
or external affairs" and outlined a concrete scheme for giving effect to the demand for a
constituent assembly. The Cripps Proposals marked an advance over the 'August Offer' in that the
making of the new constitution was now to rest 'solely' and not merely 'primarily' in Indian hands.
However, the constitution-making body envisaged in the Cripps Plan failed to materialise because
the proposals were unacceptable to Indian leaders. The failure of the Cripps Mission was
followed by the historic 'Quit India Resolution' (August 8, 1942), which said that the Provisional
Government of Free India would evolve a scheme of a constituent assembly which would prepare
a constitution acceptable to all sections of the people.THE CONSTITUENT ASSEMBLY OF INDIA
75
CABINET MISSION PLAN AND FORMATION OF THE CONSTITUENT ASSEMBLY
After, the rejection of the Cripps Proposals, various attempts to reconcile the two parties were
made including the Simla Conference held at the instance of the Governor-General, Lord Wavell.
These having failed, the British Cabinet sent three of its own members including Cripps himself,
to make another serious attempt for the solution of Indian problem. The Cabinet Mission, which
arrived in New Delhi on March 24, 1946, had prolonged negotiations with Jawahar Lai Nehru
and other leaders of the Congress and of the Muslim League. The Mission emphasized that their
main object was not "to lay out the details of a constitution" for India but to set in motion a
machinery whereby a constitution could be "settled by Indians for Indians".
In regard to the formation of the proposed constitution-making machinery, the Mission realised
that the most satisfactory method would have been by election based on adult franchise, but that
would have led to 'wholly unacceptable delay' in the formulation of the new constitution.
The Cabinet Mission, too, failed in making the two major parties (Congress and Muslim League)
come to an agreement and were accordingly, obliged to put forward their own proposals, which
were announced simultaneously in India and in England on the 16th May, 1946. The proposals
are known as the Cabinet Mission Plan.
The Plan, while rejecting the demand of the All India Muslim League for partition of the country
and establishment of a fully sovereign Pakistan, envisaged a confederation consisting of three
groups of autonomous states vesting the powers of three departments—Defence, External Affairs
and Communications—in a Central Government and all the remaining powers with the groups
themselves. Each of the groups was free to have a separate constitution of its own choice, thus
giving ample scope for both the leading religious groups, Hindus and Muslims, to live unitedly
but, at the same time, to enjoy complete autonomy in areas where they were in majority. The Plan
had two parts, namely, a long-term programme and a short-term one. While the former was
concerned with the future political set up on a permanent basis, the latter was intended to
establish an immediate Indian Interim Government.
The Cabinet Mission Plan also laid down in some detail the procedure to be followed by the
constitution-making body. It was proposed in the Plan that for this Assembly each province was
to be assigned specific number of seats. This number will be proportionate to the population of
the province. Seats in each province will be allotted to different communities which will again be
linked with population of the community in that province. Total number of seats in the proposed
Constituent Assembly was fixed at 389 to be divided as under: British India 292 seats; Chief
Commissioner's Provinces 4 seats and the Indian States 93 seats. The division of seats in the
Constituent Assembly for the British Indian Provinces was fixed as under:
TABLE OF REPRESENTATION SECTION A
Province General Muslim Total
Madras 45 4 49
Bombay 19 2 21
United Provinces 47 8 55
Bihar 31 5 36
Central Provinces 16 1 17
Orissa 9 0 9
76
INDIAN GOVERNMENT AND POLITICS
SECTION B
Province General Muslim Sikh Total
Punjab N.W.F.P. Sind 80 16 3 3 400 28 3 4
1

9 22 4 35

SECTION C
Province General Muslim Total
Bengal Assam 27 7 33 3 60 10

34 36 70

Total for British India:

Maximum for Indian States: 93
Total for Chief Commissioner's Provinces : 4
Total: 389
The Plan also envisaged that the representatives of the British Indian Provinces were to be elected
by single transferable vote system. After a preliminary meeting at which the general order of
business should be decided, a Chairman and other officers elected, and an 'Advisory Committee
on Rights of Citizens, Minorities and Tribal and Excluded Areas' set-up, the provincial
representatives would divide up into three sections—Section A comprising Madras, Bombay, the
United Provinces, Bihar, the Central Provinces and Orissa; Section B comprising Punjab, the
N.W.F.P. and Sind; and Section C comprising Assam and Bengal. Each group would then settle
the constitutions of its Constituent Provinces and also decide whether any group constitution
should be set-up for those provinces and if so with what provincial subjects the group should
deal. After the determination of these questions, the representatives of the three sections and the
Indian States were to reassemble to draw up the Union Constitution. In the Union Constituent
Assembly resolutions regarding the distribution of subjects between the Centre and the Provinces
on raising any major communal issue were to be passed by majority of representatives present
and voting of each of the two major communities.
The Plan, however, had its own problems and both the Congress and the Muslim League objected
to some of the proposals contained in it. Ultimately, Congress decided to accept the Constituent
Assembly, whereas Muslim League protested against it. But ultimately when the time came, the
League also contested the elections.
The Congress' overwhelming majority in the Constituent Assembly resulted from the December
1945 Provincial Legislature elections and from partition. Both the Congress and the League
campaigned furiously in 1945, knowing that seats in a Constituent Assembly might be at stake
and trying to establish the strongest possible claim to popularity for the negotiations that lay
ahead.
The election gave the League most of the Muslim seats in all the Provinces and all the Muslim
seats in some provinces. Of the total of 1,585 seats in the Provincial Assemblies, the Congress
won 925 or 58 percent, but it captured 85 per cent of the non-Muslim seats. Under the scheme of
indirect election in the Cabinet Mission Plan, the Constituent Assembly reflected the complexion
of theTHE CONSTITUENT ASSEMBLY OF INDIA
77
Provincial Legislatures. Hence, in July 1946 elections to the Assembly, League members won all
but seven of the seats reserved for Muslims. Congress candidates filled 203 of the 212 general
places (representing every community except Sikh and Muslims). Additionally, the Congress
Parties in the Provincial Legislatures elected 4 Muslims and/Sikh, giving the Congress 208 seats
of the total 296 allotted to the Province under the May 16, Plan. The remaining 16 places went to
five small groups. Thus, the Congress had a built in majority of 69 per cent in the Assembly, and
after partition when the number of Muslim League representatives fell to 28, the Congress
majority jumped to 82 per cent.
COMPOSITION OF THE CONSTITUENT ASSEMBLY
In all, the Constituent Assembly was to have 389 members. As many as 296 of them were to be
elected from British India and 93 were to be representatives of the native states. The Muslim
League boycotted the Assembly, hence out of 296 members only 211 attended its first meeting on
December 9, 1946.
The electoral process itself could not have produced a representative body because it was based
on the restricted franchise established by the Sixth Schedule of the 1935 Act, which excluded the
mass of peasants, the majority of small shopkeepers and traders and countless others from the
rolls through tax, property and educational qualifications. Only 28.5 per cent of the adult popula-
tion of the provinces could vote in the provincial assembly elections of early 1946. n
WORKING OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly duly opened on the appointed day Monday, the 9th day of December,
1946. It was truly a unique occasion in India's long history; for the first time the representatives
of the people were meeting to determine the future Constitution of India. During its first four
sittings on December 9, 10, 11 and 12, the Assembly was involved with matters like the
presentation of credentials and signing of the register, electing the permanent chairman,
constituting a Committee for Rules of Procedure etc. On the 5th day of the First session of the
Constituent Assembly—December 13, 1946—Nehru moved the historic Objectives Resolution.
The Resolution said: "This Constituent Assembly declares its firm and solemn resolve to
proclaim India as an Independent Sovereign Republic and to draw up for her future governance a
constitution." Nehru's Objectives Resolution gave to the Assembly its guiding principles and the
philosophy that was to permeate its task of constitution making.
The Assembly met in its Second plenary session from 20-26 January, 1947, and adopted the
Objective Resolution moved by Nehru. The Third plenary session was held from April 28 to May
2. It discussed the reports submitted by the Union Powers Committee and of the Advisory
Committee on Fundamental Rights. On August 29, the Assembly adopted a resolution setting up
a Drafting Committee to prepare a constitution in accordance with the decisions taken by it on the
reports of the various committees. Dr. Ambedkar was appointed Chairman of this Committee.
The Second Draft was placed before the Assembly on February 21, 1948. After nearly three years
the Assembly finally adopted the Constitution on November 26, 1949. In all, it held 11 sessions,
covering 1,965 days out of which 114 days were devoted to consideration of the draft
Constitution.
COMMITTEES OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly had a total of more than fifteen committees with
•--• Jl-------1-

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_*■ J-l______

INDIAN GOVERNMENT AND POLITICS

House and Staff Committee, had minor functions. The brick and mortar of the structure were
provided by the reports of the Union Powers Committee, the Union Constitution Committee, the
Advisory Committee on Minorities and Fundamental Rights, the Committee on Chief
Commissioner's Provinces, the Committee on Financial Provisions of the Union Constitution and
the Advisory Committee on Tribal Areas. These committees submitted their reports between
April-August 1947, which were considered by the Constituent Assembly. On the basis of these
decisions, the final shape and form were given by Dr. Ambedkar and his colleagues in the
Drafting Committee.
Drafting Committee
The Assembly appointed a Drafting Committee on 29th August, 1947 to consider the Draft
Constitution. Dr. Ambedkar was appointed Chairman and it had six other members. They were :
Sir Krishnaswami Ayyangar, N. Gopala-swami Ayyangar, K.M. Munshi, Saiyed Mohammed
Sadulla, Sir B. L. Mittai and D.P. Khaitan. After the first meeting Sir B. L. Mittar ceased to be a
membei and in his place N. Madhava Rao was nominated by the President on Decembei 5, 1947.
The Drafting Committee, under the Chairmanship of Dr. Ambedkar embodied the decision of the
Assembly with alternative and additiona proposals in the form of a 'Draft Constitution of India'
which was published ir February 1948. The Drafting Committee took less than six months to
prepan its Draft. In all it sat only for 141 days.
FRAMERS OF THE CONSTITUTION
The members of the Constituent Assembly were not selected purely on ; party basis, but were
drawn from all walks of life and represented almost ever; section of the Indian people. They
included some of the most leading per sonalities of Indian public life. The moving spirit of the
Assembly was Jawaha Lai Nehru, the first Prime Minister of free India. Rajendra Prasad was it
President. Vallabhbhai Patel was one of the most important among the leadin; lights. While these
leaders had contributed more than all others for th formulation of the basic principles of the
Constitution, it was the Draftin Committee, headed by B.R. Ambedkar, which was in charge of its
drafting. Di Ambedkar chaired the Drafting Committee and steered the document throug' nearly a
year of debate over its various provisions. Ambedkar was ably assiste in the task of Constitution
making by the other members of the Draftin Committee among whom Alladi Krishnaswami
Aiyer, N. Gopalaswami Ayyar gar, K.M. Munshi and T.T Krishnamachari were the most
prominent. In th words of Granville Austin, "Four leaders, Nehru, Patel, Prasad and the Coi gress
Muslim leader Maulana Abul Kalam Azad, through their commandiri grip on the Congress
(Assembly Party and the Assembly's eight committee! constituted a virtual oligarchy within the
Assembly. Issues were openly debatei but the influence of the Congress leaders was nearly
irresistible." 2 In the wore of Dr. Subhash Kashyap, "Nevertheless, while others fashioned its
structui and shape, most significantly, Nehru gave to the Constitution of India its spir and soul, its
philosophy and its vision." 13 At the very outset "he laid down i general outlines and he continued
to influence what the Constituent Assemb did. In this, the Constitution was his handwork." 14
Nehru was the Assemblj philosopher and its prime constitutional thinker. The President of the Co
stituent Assembly, Dr. Rajendra Prasad also gave credit to Nehru and Patel "f the fundamentals of
the Constitution."15 Between the two, as Austin puts each had his special interests—Patel was
more interested in the Prince States, the public services and the working of the Home Ministry,
and NehTHE CONSTITUENT ASSEMBLY OF INDIA
79
in Fundamental Rights, Protection of minority rights, and the social reform aspects of the
Constitution and each let the other have almost free rein in these areas.
The Constituent Assembly had eight major committees—Rules, Steering, Advisory, Drafting,
Union Subjects, Union Constitution, Provincial Constitution and States—with a total membership
of approximately three dozen. Either, Nehru, Patel or Prasad chaired each of these committees,
and in many cases the other two or Azad were also present.
Nehru personally invited Ambedkar to become a member of his Cabinet. Ambedkar joined
Cabinet because he could serve the cause of Scheduled Castes better from within the
Government. One more individual, B. N. Rau, must be placed among those important in the
framing of the Constitution. As Constitutional Adviser, his advice was heard in the Assembly's
inner councils, although he was not an Assembly member.
Under the Rules of Procedure, the Assembly elected Dr. Rajendra Prasad as its permanent
President, and V. T. Krishnamachari and H. C. Mookherjee as its Vice Presidents unanimously.
Dr. Rajendra Prasad, as the President of the Constituent Assembly, was indeed "a very happy
choice". As a veteran political leader, he was respected by all, and was very considerate towards
every member of the Assembly. While conducting the proceedings of the Assembly, he never
allowed "legalism to defeat the work of constitution-making." He, however, was a more active
President of the Constituent Assembly than George Washington.
CONTROVERSIAL ISSUES IN THE CONSTITUENT ASSEMBLY
A ticklish constitutional problem arose on 15th August, 1947 and Nehru put in jokingly:
"Mavalankar has vanished into thin air." He was referring to the provision in the Indian
Independence Act under which the Legislative Assembly, of which G.V. Mavalankar was
President, automatically dissolved on Independence Day and the Constituent Assembly became
the supreme sovereign and legislative body. The question arose how Rajendra Prasad, a member
of the Cabinet as well as the President of the Constituent Assembly could preside over the
deliberations of that body when it functioned as a legislature.
Both Nehru and Patel felt that Prasad should continue in the Cabinet and another President should
be chosen for the Constituent Assembly, when Nehru took the stand that it would be intolerable
in a democracy for a Minister to preside, B. N. Rau proposed that a Deputy Speaker be elected to
preside over the Assembly in the name of President of the Constituent Assembly. This led a
tension between Patel and Prasad and resulted in a sharp exchange in the Cabinet. A civil servant
who attended the meeting observed: "These men whom we adored as giants quarrelled like
children." The dispute was referred to Gandhi, a bare week before his assassination. Prasad
wanted to make a statement in the Constituent Assembly: Gandhi sent for it and modified it.
Prasad accepted the changes, saying: "I stand for harmony and therefore do not press my point,"
Gandhi's terse comment was: "Even Rajen Babu is lured by power. I feel disillusioned."
At this point another issue was raised: "What would be Prasad's position on the legislative side
and Mavalankar's as speaker?" Reluctantly Prasad agreed to the election of another speaker,
provided he was subordinate to the President of the Constituent Assembly. Mavalankar demanded
eaualitv of80
INDIAN GOVERNMENT AND POLITICS
retaining the Presidentship of the Constituent Assembly, and Mavalankar took over as
Speaker of the Legislative Assembly.
But the squabble did not end there, at the instance of Gandhi, Nehru suggested that
Prasad should become President of the Congress Party. Prasad objected strongly to what
appeared to him an attempt to push him out of the Cabinet and Presidentship of the
Constituent Assembly. For some time it appeared as though he would repudiate the
agreement over Mavalankar's appointment. When Nehru dropped the proposal and
Prasad's ruffed feelings had been soothed, still more difficulties were encountered. Rau
took away the Legislative Assembly Secretariat, and Prasad ruled that the new staff could
not be appointed without his sanction. The matter was referred to Nehru who then got
Prasad to delegate to Mavalankar the authority to appoint staff. Later, a provision was
written into the constitution making the Parliament Secretariat independent of the
Government.
SALIENT FEATURES OF THE WORKING PROCESS OF THE CONSTITUENT ASSEMBLY : GRANVILLE
AUSTIN'S VIEWS
According to Granville Austin the success of the constitution lies principally in its having
been framed by Indians, and in the excellence of the framing process itself. The members
of the Assembly drafted a constitution that expressed the aspirations of the nation. They
skilfully selected and modified the provisions that they borrowed, helped by the 'experts'
among their number and the advice given by ministries of the Union and Provincial
Governments. The Assembly members also applied to their task with great effectiveness
two wholly Indian concepts, consensus and accommodation. Accommodation was
applied to the principles to be embodied in the Constitution. Consensus was the aim of
the decision-making process, the single most important source of the Constituent
Assembly's effectiveness.
Decision-making by Consensus
Consensus is a manner of making decisions by unanimity. It is a recognition that majority
rule may not be a successful way to decide political conflicts. Assembly leaders
understood this well and bent their energies towards this goal in the hope and expectation
that the constitution, framed by consensus, would work effectively and thus prove
durable. According to Austin, "Consensus thus had a general appeal in the Assembly; to
the leadership an ethical and effective way of reaching lasting agreement and to the rank
and file as an indigenous institution that suited the framing of an Indian Constitution." 18
Consensus approach was adopted in a variety of ways. Most important among them were
the Congress Assembly Party meetings where each provision of the Constitution was
subjected to frank and searching debates and whose approval was in fact as important as
that of the Assembly itself. Everyone elected to the Assembly on the Congress ticket
could attend meetings, from party stalwarts to non-congressmen like Ayyar, Ambedkar
and N. G. Ayyangar, who were brought into the Assembly because the leadership
believed that their talents should not be wasted. Also a part of this process was the
Assembly's, committee system, the dialogue between provincial and Union Government]
leaders in the Assembly, the many inter-governmental communications and the off the
record discussions between Assembly leaders and dissidents among the members.
The primary examples of decision-making by consensus were perhaps the federal and
language provisions. The language question strained the Assembly's

I
81
THE CONSTITUENT ASSEMBLY OF INDIA

decision-making machinery to the utmost. For nearly three years the members searched for a
generally acceptable solution. The Munshi-Ayyangar formula was drafted almost in desperation.
Opening the final Assembly debate on language, Prasad announced that he would not put the
issue to a vote. If an agreement was not acceptable to the whole country it would be most difficult
to implement.
The Principle of Accommodation
According to Austin, the second of India's original contribution to constitution-making was the
principle of Accommodation—the ability to reconcile apparently incompatible concepts. India's
constitutional structure is a good example of the principle of accommodation on matters of
substance. It has reconciled the federal and unitary system, membership of commonwealth and
republican status of Government, provisions for Panchayati Raj with the need for a strong Central
Government.
The Art of Selection and Modification
According to Austin, the Constituent Assembly had discovered a new principle—the art of
selection and modification. The Assembly was not merely imitative, the borrowing from different
political systems did not relieve the Assembly of choice and that the borrowed provisions had to
be adopted to suit Indian conditions. One example of selection and modification is the method of
constitutional amendment. The three mechanisms of the method devised by the Assembly have
made the Constitution flexible while at the same time protecting the rights of the States. They
have worked better than has the amending process in any other country where federalism and the
British Parliamentary System jointly form the bases of the Constitution. In brief, the Assembly
selected and modified the provisions from other constitutions with a great deal of professional
help.
CRITICISM OF THE CONSTITUENT ASSEMBLY
The Indian Constituent Assembly, thus elected, was criticised both by some Indians and the
British, as unrepresentative of the Indian people. Sri Jaya Prakash Narain referred to it as "a
restricted and curbed Constituent Assembly," a creation of the British imperialism and so unable
to bring freedom to the Country. Churchill said that the Assembly represented "only one major
community in India"; and for Viscount Simon, it was "a body of Hindus".
The working procedure, composition and status of the Constituent Assembly has been criticised
on the following grounds:
1. Congress Domination : The Constituent Assembly was a one party body. The Assembly was
the Congress and the Congress was India. The Congress had a built-in-majority of 69 per cent in
the Assembly and after partition, the Congress majority jumped to 82 per cent.
Prof. Shibban Lai Saxena complained that the Congress Party dominated the scene and the
Constitution had very much suffered from it. "The Congress Party meetings became meetings of
the real Constituent Assembly, and this real Assembly became the mock Assembly where
discussions arrived at by the Congress Party meetings were registered."
The Congress' overwhelming majority in the Constituent Assembly
resulted from the December 1945 Provincial legislature elections and from
partition, moreover, the Congress Working Committee directed the Provincial
Assemblies to elect some of the prominent non-congressmen so their experience
" " — '-------A~ ""oiiaHo to the Assembly. Among them were82
INDIAN GOVERNMENT AND POLITICS
A.K. Ayyar, H. K. Kunzru, N. G. Ayyangar, Ambedkar, K. Santhanam, M.R. Jayakar and K.M.
Munshi. In the words of K. Santhanam, "There was hardly any shade of public opinion not
represented in the Assembly."
The credit goes to the Congress Party for bringing into the proceedings of the Assembly a sense
of order and discipline. As Dr. Ambedkar said, "It is because of the discipline of the Congress
Party that the Drafting Committee was able to pilot the Constitution in the Assembly with the
sure knowledge as to the fate of each article and each amendment. The Congress Party is,
therefore, entitled to all the credit for the smooth sailing of the Draft Constitution in the
Assembly."21
2. Was it a Sovereign Assembly : The Constituent Assembly was meeting with the permission of
the British Government and a fourth of the nation was represented at the Assembly's
deliberations. Had such a body any power or authority of its own? Could it speak and act for
India? Was it sovereign. Maulana Azad, Nehru and Prasad believed that it was sovereign because
the Assembly's authority came from the people of India although they recognised that the Cabinet
Mission Plan placed certain limitations on its activities.
The Assembly gave its own answer to these questions in its Rule when it arrogated to itself the
authority to control its own being: "The Assembly shall not be dissolved accept by a resolution
assented to by at least two-thirds of the whole number of members of the Assembly." The Indian
Independence Act passed by the British Parliament came into effect on 15th August, 1947, giving
legally to the Constituent Assembly the status it had assumed since its inception. The Cabinet
Mission Plan became outmoded, and the Constituent Assembly settled down to draft free India's
Constitution.
The Indian Independence Act of 1947 made it "the Sovereign Constituent Assembly for India".
Pt. Nehru described it, on the midnight of August 14,1947, as "a sovereign body representing the
sovereign people of India." 2
3. A Hindu Dominated Body : Although the Constituent Assembly enjoyed the confidence of a
vast majority of people of India, yet some uncharitable critics dubbed it as the most
unrepresentative of Constituent Assembly ever created in any democratic country of the world.
British leaders like Churchill and Lord Simon named it as a Hindu Body representing the interests
of the Hindus alone.
Dr. Rajendra Prasad condemned this charge as baseless and irrational. He pointed out that except
the representatives of the Muslim League, the Constituent Assembly of India represented all the
communities and interest. The minority communities were fully represented in the Assembly,
usually by members of their own choosing. The Indian Christians had 7 representatives in the
Assembly, the Anglo-Indians 3, the Parsis 3 and so on. After partition, when the composition of
the Assembly had become settled, the minorities had 88 of the 235 seats allotted to the Provinces,
or 37 per cent of the Provincial membership. Additionally, the ideological spectrum of the
Assembly was broadened by the inclusion of non-congress 'experts' as well as by the diverse
nature of the Congress membership.
4. An Unrepresentative Body : Another charge generally levelled against the Constituent
Assembly was that it had not been directly elected by the people on the basis of universal adult
franchise. As such, it did not reflect the aspirations of the masses. Socialist and Communist
leaders of India attacked the unrepresentative character of the Constituent Assembly on this
account.THE CONSTITUENT ASSEMBLY OF INDIA
83
Leaders of the Congress Party while refuting this criticism pointed out that the election of a new
Constituent Assembly on the basis of universal adult franchise would have been a uphill task
under the special circumstances created by the partition of the country. Otherwise, too,
preparation of electoral rolls and holding of national elections in a big country like India was an
impossible task. Any delay in framing a suitable constitution for India would have created
unformidable problem for new India. It was further pointed out that even if there had been direct
elections, the result would have been the same. The same persons who happened to be members
of the Constituent Assembly would have been elected by an overwhelming majority. The general
composition of the Constituent Assembly would not have changed much.
The representative character of the Assembly is further proved by the fact that it included all the
prominent leaders of major political parties of India. Dr. Ambedkar represented the depressed
classes, Hansa Mehta represented the All-India Women Conference, the landlords of India were
represented by Maharaja Darbhanga, and the Hindu Mahasabha was represented by Dr. Shyama
Prasad Mukerji. Frank Anthony represented the Anglo-Indians and Indian Christians were
represented by H.C. Mukerji. So was the case with Sikhs and the Muslims.
It should not be forgotten, however, that India was not the only country to adopt indirect election
in this respect. The delegates of the U.S. Convention were chosen without any popular awareness;
the South African Convention was also elected by the Provincial Legislatures. Moreover, if the
father of the Indian Constituent Assembly opposed its election through universal suffrage, it was
more due to the practical difficulties than any theoretical consideration. 23
5. Dominated by the Legal Luminaries : Then another criticism which is made against the
Constituent Assembly is that it was an Assembly which was dominated only by the politicians
and lawyers. It did not give much representation to other sections of Indian Society. The net
result was that this domination gave the country a very bulky document. According to some
critics the Constitution of India is a lawyer's paradise.
All said and done, the fact remains that the Constituent Assembly was guided and directed by the
top leaders of the Congress. Stalwarts like Nehru, Patel, Prasad, Azad and Munshi dominated the
scene. Although indirectly elected and therefore not responsible to the mass of Indians, the
Constituent Assembly was a highly representative body.
ATTITUDE OF THE CONSTITUENT ASSEMBLY : ITS PERCEPTIONS OF THE FUTURE INDIAN POLITY
Divergent views and attitudes were seen in the framing of the Constitution. The members of the
Assembly had a variety of perceptions about the future Indian polity. Their divergent views on
the major issue of the political system were quite interesting.
Adult Franchise : Should adult franchise be introduced, involving an increase in the electorate
from 35 million to 170 million? Maulana Azad advocated its deferment for 15 years. Prasad and
Nehru plumped for adult franchise as an act of faith. The vote favouring it was carried amidst
acclamation.
Jammu and Kashmir : Nehru favoured incorporation of a section establishing a special
relationship with the state of Jammu and Kashmir, thus inferentially recognising the state's right
to frame its own constitution within
_____J—1 J-l____.J__i-n
TTr
The Cabinet was divided on the issue and the trend in the Constituent Assembly favoured
Sardar's stand. But when the matter came before the Assembly, Patel put the unity and
solidarity of the Government before everything else and backed the Nehru formula.
Reservation for Minorities : The most delicate issue related to safeguards for minorities.
Azad wanted reservation of seats for the Muslims and other minorities within the
framework of general electorates. Patel opposed such safeguards. Nehru left it to Patel to
jump the hurdle as Chairman of the Advisory Committee on Minorities. Two women
members played a key role in this high-strung drama. Amrit Kaur, speaking for the Indian
Christians, said that reservation of seats and weightage based on religion or sect would
lead to fragmentation of the Indian Union. The Sikhs demanded the same treatment as
given to the Muslims.
After the Committee had wrestled with the problem for weeks, Patel decided to clinch the
issue at its final meeting. He called on Begum Aizaz Rasul of Lucknow to state the
Muslim view. She was a zealous leader of Muslim League before partition and had even
gone to the length of giving up Saree and adopting the costume worn by the Begums of
Oudh. The Muslims left behind in India, she said nervously, were an integral part of the
nation and needed no safeguards. Patel seized this crucial movement to declare that the
Muslims were unanimously in favour of joint electorates and adjourned the meeting.
Office of the President and Governors : Much heat was generated on whether the
President of the Republic and Governors of the Constituent States should be elected by
popular vote and whether they should have discretionary powers. Legal luminaries and
constitutional experts had a field day, but Nehru and Patel brought a practical approach to
bear on the issue. They opposed popularly elected heads. Indeed, Nehru as Prime
Minister took steps to see that the Union President even though chosen by an electoral
college consisting of all the members of the Central and State Legislatures, would be a
constitutional figure head. Patel as Home Minister made sure that Governor of a State
was the nominee of the Union Government and had enough discretionary powers to act as
the executive agent of the Centre in an emergency.
Link Language. : The question of a national link language posed the most difficult hurdle.
Swami Dayanand and Mahatma Gandhi, both from Gujarat and Tilak and Savarkar, from
Maharashtra had zealously pleaded for Hindi as the symbol of nationhood. Prasad and
Patel strongly supported Hindi, while Nehru left it to the Hindi lobby to work out a
formula acceptable to the non-Hindi regions, especially Madras and Bengal. Finally, the
formula providing for replacement of English by Hindi in fifteen years was embodied in
the Constitution, alongwith each side did it with mental reservation.
Fundamental Rights : A great deal of excitement caused over the issue; should the
Fundamental Right to be embodied in the Constitution guarantee fair payment for private
property acquired by the state and should the right be made justiciable? Nehru was
against making the right justiciable. Patel stood rocklike for the Fundamental Rights
adopted by the Congress Party under his Presidentship in 1931 in Karachi. After a
prolonged tug-of-war Patel won because he had the backing of the distinguished lawyers,
who were fashioning the Constitution, and of the overwhelming majority of members of
the Constituent Assembly.
Secular State : Another issue which the Assembly faced was about secular or non-secular
character of the Constitution. There was strong view point thatTHE CONSTITUENT ASSEMBLY
OF INDIA
85
after the partition of country secularism had no meaning. If the Muslims all over the world can
have theocratic state, where they could preach and propagate their own faith, then why the
Hindus of India cannot have their own Hindu State. On the other hand, there was predominantly
Congress section in the Assembly which firmly believed that India should be a secular state.
Socialism : It was principally Patel's conservative influence that kept the Constitution from
having a greater socialist content than it has; perhaps it was in deference to his wishes that Nehru
omitted the world 'socialism' from the Objective Resolutions.
Village Panchayat : The word Panchayat did not once appear in the Draft Constitution. Within a
few months a reaction to this omission set in as Assembly members had time to consider the
Draft. President Prasad was the most prominent among the critics. On 10 May, 1948, Prasad
wrote to B. N. Rau that "I like the idea of making the Constitution begin with the village and go
up to the Centre. The village has been and will ever continue to be our unit in this country."
Prasad believed that the necessary articles could be redrafted and making the village Panchayats
the electoral college for electing representatives to the Provinces and the Centre. But Rau rejected
Prasad's suggestion. In his reply Rau said that the Assembly had already decided on direct
election of Lower Houses both at the Centre and the Provinces and that he was doubtful if the
vote could be reversed—a remark that indicated the general popularity of a Parliamentary
Constitution.
The Constituent Assembly (Legislative). When the Assembly met for purposes of ordinary law-
making it was called the Legislative wing of the Constituent Assembly or the Constituent
Assembly (Legislative). Presided over by the Speaker, it functioned as the Legislature of the
country with the secretariat of the pre-independence Legislative Assembly as its Secretariat. The
first meeting of the first session of the Constituent Assembly (Legislative) was held in the
Assembly Chamber of the Council House (now called the Lok Sabha Chamber of the Parliament
House) on November 17, 1947 at 11 a.m. with the President of the Constituent Assembly in the
chair. G. V. Mavalankar was declared duly elected for the office of the Speaker. Dr. Rajendra
Prasad vacated the chair which was then occupied by Speaker Mavalankar.
The Constituent Assembly in its capacity as Dominion Legislature was in existence for nearly
two years and one month. Between November 17,1947 and December 24, 1949 it had in all six
sessions consisting of 226 days.24
Conclusions
The Constituent Assembly was able to conclude its labours within a period of less than three
years—2 years, 11 months and 17 days, to be exact. On the 26th November, 1949, it could
proudly declare on behalf of the people of India that "We do hereby adopt, enact and give to
ourselves this Constitution." It embodied all the objectives of democracy, secularism and
economic and social justice.
In a sense, the Indian Constituent Assembly occupied a peculiar position. It was created by
agreement with the British Government, yet it was also an embodiment of the revolutionary spirit
of India; it was not fully representative of the people, yet it represented all important parties and
communities of India; it was not, in the beginning, legally sovereign, yet it enjoyed sovereignty
for all

1 86
INDIAN GOVERNMENT AND POLITICS
with a new constitution, yet it relied heavily on the provisions of the Government of India Act,
1935.
REFERENCES
1. John Locke, The Second Treatise on Government, p. 84 (Haffner, New York, 1947).
2. J. J. Rousseau, The Social Contract, p. 19.
3. Thompson, The French Revolution, p. 19 (Oxford, 1947).
4. See T. S. Venkataraman, Constituent Assemblies of the World.
5. C. A. D., Vol. I, p. 61.
6. Encyclopaedia of Social Sciences, Vol. IV, p. 244.
7. Dunning, History of Political Theories, Vol. Ill, pp. 103-104.
8. J. L. Nehru, Foreword to Constituent Assembly and the Indian Federation by Y. G. Krishnamurti.
9. Ibid.
10. Ivor Jennings, Law of the Constitution, p. 7 (3rd edition).
11. Granville Austin, The Indian Constitution : Cornerstone of a Nation (Oxford, 1976), p. 10.
12. Ibid., p. 22.
13. Subhash C. Kashyap, Jawahar Lai Nehru and The Constitution (New Delhi, 1982), p. 92.
14. Beatrice Pitney Lamb, The Nehru of India : Three Generations of Leadership (New York, 1967), p. 164.
15. C.A.D., Vol. XI, p. 987.
16. Austin, n. 1, p. 315.
17. Austin, n. 1, pp. 308-311.
18. Austin, n. 1, p. 316.
19. Austin, n. 1, pp. 319-320.
20. Austin, n. 1, p. 321.
21. C.A.D., Vol. XI, p. 974.
22. C.A.D., Vol. V, p. 4.
23. Umakant Tewari, The Making of the Indian Constitution (Allahabad, 1967), p. 46.
24. Subhash C. Kashyap, History of the Parliament of India, Vol. I (Delhi, 1994), pp. 301-302.

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Chapter 6
SALIENT FEATURES OF THE
INDIAN CONSTITUTION
The Constitution of a country, in simple terms, is a collection of the legal rules providing the
framework for the government of the country. It reflects the dominant beliefs and interests or
some compromise between conflicting beliefs and interests, which are characteristic of the
society at the time it was framed and adopted.
No Constitution is perfect and the Constitution of India is no exception to this general rule. But it
goes to the credit of India that the urge for constitutional government was so deep-seated in her
that she devised a Constitution of her own within three years after achieving political
independence. The Constitution she adopted was intended to be not merely a means of
establishing a governmental machinery but also an effective instrument for orderly social change.
The strength and stability of a constitution depends largely on its ability to sustain a healthy and
peaceful social system and when occasion demands, facilitate the peaceful transformation of its
economic and social order. From this point of view the Constitution has set an ideal which not
even its severest critic would characterise as outmoded or reactionary. Its basic objective is to
establish a democratic, socialist, secular republic with a view to securing justice, liberty, equality
and fraternity to all its citizens. It aims to translate into practice the noble concept of a co-
operative commonwealth, a blending of political democracy with economic and social
democracy. It embodies the most comprehensive policy directions to the state and its agencies to
ensure the establishment of a welfare state.
The Constitution of India is among the longest in the world. It continued the constitutional
development that took place under the British, retaining the basic precepts of the Government of
India Act of 1935 and taking from it approximately 250 articles, verbatim or with minor changes.
When India gained independence, the Constituent Assembly, functioning under a modified
Government of India Act of 1935, became the Provisional Parliament. Its fundamental task,
however, remained that of framing the Constitution. Dr. Ambedkar chaired the Drafting
Committee and steered the document through nearly a year of debate over its various provisions.
Four leaders, Nehru, Patel, Prasad and Maulana Azad, through their commanding grip on the
Congress Assembly Party and the Assembly's eight committees, constituted a virtual oligarchy
within the Assembly. Issues were openly debated, but the influence of the Congress leaders was
nearly irresistible. Although they themselves were by no means always of one mind, they sought
to promote consensus and in the end, the Constitution was adopted by acclamation on
^v/i ir>rn r>-----ui4« n«,r +V,^ ^,Q,,r nnncti+n+inn went, into effect.INDIAN GOVERNMENT AND POLITICS
The new India was to be a parliamentary democracy, federal, republican and secular. There were
some members of the Assembly who pushed for a Gandhian Constitution, one that would provide
for a decentralised state with the Village Panchayats as its nucleus. The vast majority, however,
were, committed from the beginning to a centralised parliamentary government.
SALIENT FEATURES OF THE INDIAN CONSTITUTION
Dr. Subhash Kashyap observes, "The Constitution of India is a most comprehensive document. It
is unique in many ways. It cannot be fitted in any particular mould or model. It is a blend of the
rigid and the flexible, federal and unitary and presidential and parliamentary. It attempts a balance
between the fundamental rights of the individual on the one hand and the socio-economic
interests of the people and security of the State on the other. Also, it presents a via-media between
the principles of parliamentary sovereignty and judicial supermacy."
The following are the outstanding features of the Indian Constitution:
1. A Written Constitution : The Republic of India has a written and enacted Constitution, it
contains 395 Articles (divided into 22 parts) twelve Schedules and three Appendices. In its
present form it covers 319 octavo pages. "Like the Constitution of the United States of America,
Canada and France, India too has a written Constitution, though it differs from those documents
in many respects."
2. The longest known Constitution : The Constitution of India has the distinction of being the
most lengthy and detailed constitutional document the world has so far produced. The original
Constitution contained as many as 395 Articles and 8 Schedules (to which additions were made
by subsequent amendments). Even after the repeal of several provisions it still contains 395
Articles and 12 Schedules.
It has been the endeavour of the framers of the Constitution to provide for the solution of all the
problems of administration and governance of the country. Even those matters which are subject
of conventions in other countries have been put down in black and white. Thus, while the U.S.
Constitution originally comprises only 7 Articles, the Australian 128 Articles, the Canadian 147
Articles, the Constitution of India in original form consists of 395 Articles divided into 22 parts
and 8 Schedules. As a result of some amendments made since then, some new Articles have been
added and some old ones repealed. The number of Schedules has also risen. The bulk of the
Constitution continues to be still increasing.
This extraordinary bulk of the Constitution is due to several reasons :
(a) The Constituent Assembly wanted to incorporate in the Constitution the accumulated
experience gathered from the working of all the constitutions of the world and to avoid all
possible defects and loopholes thereof.
(b) In addition to the Union, it includes the Constitutions of the States also. The American
Federal Constitution covers only the organisation of national government leaving state
constitutions to be framed by the states themselves.
(c) It has detailed distribution of legislative, administrative and financial powers between the
Union and the States.
(d) The vastness of the country and the peculiar problems to be solved have also contributed
towards the bulk of the Constitution. Thus, there is one entire part (Part XVI) relating to the
scheduled castes and tribesSALIENT FEATURES OF THE INDIAN CONSTITUTION
89
and other backward classes; one part (Part XVIII) relating to official language and another (Part
XVIII) relating to Emergency provisions.
(e) Since all the units of the Indian Union are not of the same type, the Constitution had to make
provisions for all these distinct types. Special provisions have been inserted to meet the regional
problems and demands in certain states, such as Nagaland, Assam, Manipur, Sikkim and
Mizoram.
(f) The Constitution carries an elaborate chapter on Fundamental Rights, each right being
accompanied by a detailed statement of restrictions imposed thereon.
(g) It also includes a chapter on Fundamental Duties.
(h) Besides, a complete chapter of the Constitution deals with non-justiciable Directive Principles
of State Policy.
It is sometimes asked why the framers of the Indian Constitution deemed it necessary to draw up
such a ponderous constitutional document and ignored what Sir Ivor Jennings has described as
the golden rule for all constitution makers, viz., "never to put in anything that can be safely left
out." The answer, as Sir Ivor has himself pointed out, is that the great volume of the Indian
Constitution is largely a legacy of the past. The British Government had set the fashion by
framing lengthy and detailed constitutions for India in enacting the Government of India Acts of
1919 and 1935. The 1935 Act was, in fact the longest measure ever passed by the British
Parliament. The new Constitution of India is like the Act of 1935, "not merely a constitution but
also a detailed legal code dealing with all important aspects of the constitutional and ad-
ministrative system of the country."
3. Popular Sovereignty : The Constitution proclaims the sovereignty of the people in its opening
words. The Preamble begins with the words, "We the people of India, having solemnly resolved
to constitute India into a Sovereign Socialist Secular Democratic Republic." The idea is
reaffirmed in several places in the Constitution, particularly in the chapter dealing with elections.
Article 326 declares that "the elections to the House of People and to the Legislative Assembly of
every state shall be on the basis of adult suffrage." As a result, the Governments at the Centre and
in the States derive their authority from the people who choose their representatives for
Parliament and the State Legislatures at regular intervals. Further, those who wield the executive
power of the government are responsible to the legislature and through them to the people. Thus,
in the affairs of the state, it is the will of the people that prevails ultimately and this is the
principle of popular sovereignty.2
4. Sovereign Democratic Republic : The Preamble of the Constitution declares India to be a
Sovereign Democratic Republic. It is sovereign since India has emerged as a completely
independent state. The Dominion Status of India established under the Independence Act of 1947
has been terminated and India is now a full-fledged state with all the characteristics of
sovereignty. The word 'Democratic' signifies that the real power emanates from the people. The
Constitution introduces universal adult franchise and confers on the adult population of the
country the right to elect their representatives for the Union Parliament and State Legislatures at
the time of periodical elections to be held every five years. The word 'Republic' is used to denote
that the state is headed not by a permanent head like the Queen of Britain but by a President
indirectly elected by the people.
5. Both Rigid and Flexible : The Indian Constitution is partly rigid and
90
INDIAN GOVERNMENT AND POLITICS
is neither very easy, as in England, nor very rigid as in the United States. In England which has
no written Constitution, there is no difference between a constitutional law and an ordinary one.
The constitutional law can be amended exactly in the same manner in which ordinary legislation
is passed or amended. In the United States, however, the method of constitutional amendment is
highly rigid. It can be carried out only with the agreement of the two-thirds majority of the
Congress and its subsequent ratification by at least three-fourths of the states. The Constitution of
India strikes a golden mean, thereby avoiding the extreme flexibility of the English Constitution
and the extreme rigidity of the American Constitution.
It is only the amendment of few of the provisions of the Constitution that requires ratification by
the State Legislatures and even then ratification by only 1/2 of them would suffice (while the
American Constitution requires ratification by 3/4 of the states).
The rest of the Constitution may be amended by a special majority of the Union Parliament, i.e., a
majority of not less than 2/3 of the members of each House present and voting, which, again,
must be a majority of the total membership of the House.
On the other hand, Parliament has been given the power to alter or modify many of the provisions
of the Constitution by a simple majority as it required for general legislation, by laying down in
the Constitution that such changes "shall not be deemed to be 'amendments' of the Constitution."
The very fact that within a period of 55 years the Constitution had been amended 92 times proves
that the Constitution is flexible. It should, however, be noted that the basic structure of the
Constitution cannot be amended.
6. Cabinet Government : The Constitution establishes Cabinet type of Government both at the
Centre and in the Units. The most distinctive feature of a cabinet system of Government is the
complete and continuous responsibility of the executive to the legislature. The Cabinet is
composed of the Prime Minister, who is the Chief of the executive and his senior colleagues who
share the responsibility with him for the formulation and execution of the policies of the
government.
Under the Cabinet system, the Head of the state occupies a position of great dignity, but
practically all authority, nominally vested in him, is exercised by the Cabinet or the Ministry
which assumes full responsibility for acts performed in his name. The unity and collective
responsibility of the Cabinet are achieved through the Prime Minister, who is the key-stone of the
Cabinet arch. The real merit of a cabinet system is that the executive being responsible to the
legislature is always being watched. The moment it proves unequal to the task or it goes off the
track or flouts the will of the legislature, it can be removed from office by a successful vote of no-
confidence.
7. Secular State : By adding the word 'secular' to the existing description of the country as a
'Sovereign Democratic Republic', in the Preamble, the commitment to the goal of secularism has
been spelled out in clear terms. A secular state has negative and positive aspects. Negatively, it is
the antithesis of a communal or theocratic state which officially identified itself with a particular
religion. Pakistan, for instance, has proclaimed itself an Islamic state. In a secular state, on the
other hand, there is no official or state religion. In its positive aspect, a secular state treats all its
citizens alike and give them equal opportunities. According to Prof. Alexandrowicz, "India as a
secular state guarantees, constitutionally, freedom of religion to all persons, and does not assign a
special position to any particular religion."4 The state has no official religion. No discrimination
can be made on the basis of religion, faith, caste,SALIENT FEATURES OF THE INDIAN CONSTITUTION
91
colour and sex. Every citizen is equal before law. It guarantees to religious minorities the right to
mantain their own language and to establish educational institutions of their choice. An important
manifestation of secularism in India is the abolition of communal electorates and the adoption of
the provision that elections are to be held on the basis of universal franchise and joint-electorates.
8. A Federal System with Unitary Bias : "Perhaps the most remarkable achievement of the Indian
Constitution is to confer upon a federal system the strength of a unitary government. Though
normally the system of government is federal, the Constitution enables the federation to
transform into a unitary state."
The Constitution of India establishes a federal polity which has been created by dividing the
country into states and allocating them functions as specified in the Constitution. Like all other
federations India has a written Constitution which is rigid to a large extent. There is a dual polity
and division of powers between the Centre and States. There is also a provision for Supreme
Court which is the guardian of our Constitution and decides all disputes which might arise
between the Centre and the States.
These characteristics of the federal set-up notwithstanding, the Indian Constitution has a unitary
bias. For instance, after distributing the legislative powers in three lists, residual subjects are left
with the Union. Even in matters in the concurrent list, the Union government has the final say.
Unlike other federations Parliament in India has a right to change the boundaries of the States.
The heads of the States, i.e., the Governors are appointed by the President and are his agents in
the States. The Centre can, at any time, declare emergency in the States and with that declaration
can take over the administration of that State in its own control.
The choice of federalism as a constitutional form and as the basis of a national government in
India was not a sudden development upon the transfer of power on August 15,1947. It was there
for many years and, in a limited form, it was already in operation in British India. For the solution
of the constitutional problem of a multi-social, multi-lingual and multi-communal country like
India with a vast area and huge population, federalism was only a natural choice. Nevertheless,
the framers were cautious to ensure that the unity they sought to establish through federalism was
of an abiding nature, and in case of a future conflict between that unity and the diversity
preserved under the Constitution, the former should prevail over the latter. In other words, it was
their intention to create an indestructible Union and the supremacy of the Union over the States in
a number of matters vitally affecting the interests of the nation.
9. Universal Franchise without Communal Representation : The adoption of universal adult
suffrage (Article 326), without any qualification either of sex, property, taxation or the like, is a
'bold experiment' in India, having regard to the vast extent of the country and its population, with
an overwhelming illiteracy. The suffrage in India, it should be noted, is wider than that in
England or the United States. The concept of popular sovereignty, which underlies the declaration
in the Preamble that the Constitution is adopted and given by the 'people of India' upto
themselves, would indeed have been hollow unless the franchise—the only effective medium of
popular sovereignty in a modern democracy, were extended to the entire population which was
capable of exercising the right and an independent electoral machinery (under the control of the
Election Commission) was set up to ensure the free exercise of it.
No less creditable for the framers of the Constitution is the abolition of
mmmnnal rpnrpspntntirm whirh in its trail hnrl hrnncrht in thp blnnrlv anrl92
INDIAN GOVERNMENT AND POLITICS
seats except for the scheduled castes and tribes and for the Anglo-Indians and that only for a
temporary period.
10. Compromise between Judicial Review and Parliamentary Supremacy : "Parliament in India is
not as supreme as the British Parliament. At the same time judiciary in India is not as supreme as
in the United States of America which recognises no limit on the scope of judicial review." 5
The Indian Constitution wonderfully adopts the via-media between the American system of
judicial supremacy and the English principle of parliamentary supremacy, by endowing the
judiciary with the power of declaring a law as unconstitutional if it is beyond the competence of
the legislature according to the distribution of powers provided by the Constitution, or if it is in
contravention of the fundamental rights guaranteed by the Constitution; but at the same time,
depriving the judiciary of any power of 'Judicial review' of the wisdom of legislative policy.
Thus, it has avoided expressions like 'due process', and made fundamental rights such as that of
liberty and property subject to regulation by the legislature. Further, the major portion of the
Constitution is liable to be amended by the Union Parliament by a special majority, if in any case
the judiciary proves too obstrusive. The theory underlying the Indian Constitution in this respect
can hardly be better expressed than in the words of Jawaharlal Nehru: "No Supreme Court, no
judiciary, can stand in judgment over the sovereign will of Parliament, representing the will of the
entire community. It can pull up that sovereign will if it goes wrong, but, in the ultimate analysis,
where the future of the community is concerned, no judiciary
can come in the way......Ultimately, the fact remains that the Legislature must
be supreme and must not be interfered with by the Courts of Law in such measures as social
reform."
11. Single Citizenship : Although India has a federal government yet double citizenship, as
provided for in the U. S. Constitution, has not been provided for. All the Indians irrespective of
their domicile, enjoy a single citizenship of India whereas in United States all the citizens enjoy
the right of double citizenship. Since Americans are considered to be the citizens of the State
where they are domiciled and then they are the citizens of the U.S.A. as a whole. In both these
capacities, they enjoy different rights and owe different obligations. The principle of single
citizenship was provided for in the Indian Constitution in order to foster strong bond of social and
political unity among the people of India, who are hitherto divided on account of racial
discrimination, variety of languages and multiplicity of religious and cultural background.
12. Independence of Judiciary : The framers of the Constitution were aware that democratic
freedoms were meaningless in the absence of an independent machinery to safeguard them. No
subordinate or agent of the Government could be trusted to be just and impartial in judging the
merits of a conflict in which the Government itself was a party. Similarly, a judiciary subordinate
either to the Centre or the States could not be trusted as an impartial arbiter of conflicts and
controversies between the Centre and the States. These were the compelling reasons for the
creation of an independent judiciary as an integral part of the Constitution and for the adoption of
judicial independence as a basic principle of the Constitution.
In its bid to establish complete independence of the judiciary, the Constitution has first erected a
wall of separation between the executive and the judiciary. After effecting such separation, it has
created conditions that are conducive to making the judiciary independent. Thus, rigid
qualifications are laid down for the appointment of judges and provision has been made for
compulsory consultation of the Chief Justice of India in the appointment of SALIENT FEATURES OF
THE INDIAN CONSTITUTION
93
every judge of the Supreme Court and the High Courts. They are given high salaries, their
conditions of service cannot be altered to their disadvantage and their conduct is made a subject
beyond the scope of discussion in the legislature. They can be removed from office only for
proved misbehaviour. For this purpose, both the Houses of Parliament will have to pass
resolutions against a judge supported by a two-thirds majority of those who sit and vote and at
least an absolute majority of the total membership of the House.
13. Fundamental Rights : Like the Constitution of the United States of America, the Constitution
of India also includes a separate chapter guaranteeing fundamental rights to all the citizens. These
rights are justiciable and inviolable. They are binding on the legislature as well as on the
executive. If any of the rights is violated, a citizen has the right to seek the protection of the
judiciary. Any act of the Legislature or order of the Executive can be declared null and void if it
violates any of the Fundamental Rights guaranteed to the citizens by the Constitution.
14. Fundamental Duties : Another feature which was not in the original Constitution has been
introduced by the 42nd Amendment, 1976, by introducing Article 51A as Part IVA of the
Constitution. The 42nd Amendment Act introduced 'Fundamental Duties' to circumscribe the
fundamental rights, even though the duties, as such, cannot be judicially enforced. The
incorporation of fundamental duties in the Constitution was, thus, an attempt to balance the
individual's civic 'freedoms' with his civic obligations and thus, to fill a serious gap in the
Constitution.
15. Directive Principles of State Policy : The Directive Principles of State Policy is another
distinctive feature of the Indian Constitution. This feature has been taken from the Irish
Constitution. The philosophy behind the Directive Principles is that the state and every one of its
agencies are commanded to follow certain fundamental principles while they frame their policies
regarding the various fields of state activity. These principles, on the one hand, are assurances to
the people as to what they can expect from the state and on the other, are directives to the
Government, Central and State, to establish and maintain a new "social order in which justice,
social, economic and political, shall inform all the institutions of national life."
The precepts of the Directive Principles are not justiciable—that is, they are not enforceable by a
court as are the Fundamental Rights. They are designed rather to serve as a guide for the Union
Parliament and the State Assemblies in framing new legislation. Taken together, they inscribe the
objectives of a modern welfare state and as distinguished from a merely regulatory or negative
state. They lay down the social and economic principles which the framers of the Constitution
wanted free India to follow and "constitute a very comprehensive political, social and economic
programme for a modern democratic state." If the Fundamental Rights of citizens declared in
Chapter III of the Constitution lay the foundations of political democracy in India, the Directive
Principles spell out the norms of social and economic democracy in the country.
CRITICISM OF THE INDIAN CONSTITUTION
The Constitution of India is remarkable for many outstanding features which will distinguish it
from other Constitutions, even though there were members in the Constituent Assembly who
criticised the Constitution Which was going to be adopted as a 'slavish imitation of the west' or
'not suited to the genius' of the people. Another Assembly member charged that this Constitution
will not. nrnvp
n'll94_______________________INDIAN GOVERNMtNi wu , ^_________________
1. The elephantine size of the Constitution : The Constitution of India is being criticised
on the ground that it is the most lengthy and detailed constitutional document the world
has so far produced. In the words of Ivor Jennings, the provisions borrowed were not
always well selected and that the Constitution, generally speaking, was too long and
complicated.
2. Carbon copy of the Act of 1935 : The Constitution of India is called as the carbon copy
of the Act of 1935. The fathers of the Constitution have borrowed a large number of
provisions from the Act of 1935 and made them part of the new Constitution. Making a
specific reference to this aspect of the Constitution, Ambedkar, the Chairman of the
Drafting Committee, said in the Constituent Assembly, "As to the accusation that the
Draft Constitution has reproduced a good part of the provisions of the Government of
India Act, 1935, I make no apologies. There is nothing to be assumed in borrowing. It
involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a
Constitution. What I am sorry about is that the provisions taken from the Government of
India Act, 1935, relate mostly to the details of administration." 3. Paradise of the
Lawyers : One of the frequent criticisms of the Constitution was that it was 'a lawyer's
paradise'. Making a general comment on the Constitution, a member said that "the Draft
tends to make people more litigious,
more inclined to go to Law Court......If I may say so, the Draft is really a lawyer's
paradise. It opens up vast avenues of litigation and will give our able and ingenious
lawyers plenty of work to do."
It is true that the Constitution is a complex document. The language in which it was
drafted is that which is familiar only in Courts of Law. A striking feature of the
Constitution in this context is the numerous exception, qualifications and explanations
that one finds alongwith almost every provision. Only an experienced lawyer, well versed
in constitutional law, can understand the implications of the legal language in which most
of these provisions are couched. 4. Un-Gandhian Constitution : The Constitution has
been criticised by a small but vocal section on the ground that it is un-Gandhian. The
Constitution did not embody the principles for which Mathama Gandhi stood or the
ideology of the Indian National Congress. Others thought that it should have been raised
and built upon village Panchayats and district Panchayats.
5. A Borrowed Constitution : It is said that the Indian Constitution is a bag of borrowings
or is a more paper and scissors work. Parliamentary form of government is borrowed
from the British Constitution while federalism and judicial review is borrowed from the
U.S. Constitution. However, the credit of its framers lies in gathering the best features of
each of the existing constitutions and in modifying them with a view to avoiding the
faults that have been disclosed in their working and to adopting them to the existing
conditions and needs of this country. So, if it is a 'patchwork' it is a 'beautiful patchwork'.6
6. Centre has been made too strong : According to some critics, the centre has been made
too strong. There is too much centralisation and that the states have been reduced to
municipalities.
7. Un-Indian : The new Constitution is called as un-Indian or anti-Indian
that no part of the Constitution represents the ancient polity of India, its genius
and the spirit of its hallowed and glorious traditions. "We wanted the music of
Veena or Sitar," lamented an Assembly member, "but here we have the music
of an English band." The ideals on which this Constitution is framed have no
manifest relation to the fundamental spirit of India; charged another member
of the Constituent Assembly.SALIENT FEATURES OF THE INDIAN CONSTITUTION
95
EFFECTIVENESS OF THE INDIA'S CONSTITUTIONAL FRAMEWORK
The institutions of Government, established by the Constitution on the framework of the British
Raj, have taken root in the Indian soil. Although transplanted, they are today no longer regarded
as foreign imports: they have gained legitimacy and widespread acceptance by political parties
across the ideological spectrum. Their meaning and operation have been adopted to the Indian
environment, and they are still taking form. The judiciary developed under British tutelage, is at
its highest levels. The Presidency Commands national respect as symbol of the state. Parliament,
particularly since the death of Nehru, has assumed greater importance. Although its debates rarely
effect the character of legislation, they are closely covered in India's press and the Prime Minister
and the Cabinet are increasingly sensitive to Parliament's opinions. The Prime Minister, however,
commands a powerful position. The charisma of Nehru, Prime Minister in the nation's formative
years, has become identified with the office itself. It is the symbolic repository of India's power
and international prestige.7
However, Professor V.R. Mehta observes, "In the last 40 years, there has been a democracy
operating on the Parliamentary form of government, an independent judiciary, fundamental rights
and a federal structure. And, yet the system is becoming increasingly subservient to those who
control land and
capital.......the single party dominance has now been turned into single person
dominance without the necessary institutional basis. While, on the one hand, this has resulted in
the reduction of the actual role of representative institutions in the decision-making process, on
the other hand, the ideal of decentralisation of powers enshrined in the Constitution, is being
discarded by the powers that be, and the process of more and more centralisation seems to have
set in; indeed it has led to the development of extra-constitutional authorities at governmental
level as well as an increasing resort to extra-constitutional methods of conflict resolution by the
people."
Atul Kohli observes, "A crisis of governability is growing in India. Indian governments that have
been elected with large majorities have repeatedly failed to translate popular support into
effective policies, and the role of violence in politics has been growing steadily. The results of the
1996 and 1998 national elections have raised doubts about whether India can continue to
maintain a stable majority government."
The question is often asked whether it is the Constitution that has failed the people or whether it
is our chosen reprsentatives who have failed the Constitution. According to N. A. Palkhivala,
"My firm conviction is that our Constitution as originally drafted is excellent; and that it is not the
Constitution which has failed the people but it is our chosen representatives who have failed the
Constitution. The spirit of the Constitution has been constantly violated year after year." Dr.
Ambedkar has very rightly observed in the Constituent Assembly : "However good a Constitution
may be, it is sure to turn out bad because those who are called to work it happens to be a bad lot.
However bad a Constitution may be, it may turn out to be good if those who are called to work it
happens to be a good lot. The working of the Constitution does not depend wholly upon the
nature of the Constitution. The^ Constitution can provide only the organs of state such as the
Legislature, the Executive and the Judiciary. The factors on which the working of these organs of
the state depend are the people and the political parties they will set up as their instruments to
carry out their wishes and their policies. Who can say how the people of India and their parties
will behave?"
He said that it was "futile to pass any judgment upon the Constitution
96
INDIAN GOVERNMENT AND POLITICS
He recommended three things : strict adherence to constitutional methods, determined effort to
"make our political democracy a social democracy as well" and stern rejection of the personality-
cult.
Dr. B. R. Ambedkar—"It does not suit anybody."
• People always keep on saying to me (Ambedkar) : "Oh, you are the maker of the constitution".
• My answer is "I was a hack. What I was asked to do, I did much against my will," the member said.
• "But you defended it," said a member from Rajasthan.
• "We lawyers defend many things....." said the member.
• "Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be
the first-person to burn it out. It does not suit anybody..."
• "We built a temple for a God to come in and reside, but before the God could be installed, if the devil
had taken possession of it, what else could we do except destroy the temple? We did not intend that it
should be occupied by the ASURAS. We intended it to be occupied by DEVAS. That is, the reason why I
said I would rather like to burn it."
The present situation is reminiscent of 1887 when the country was rocked by, both, political
instability and violent agitations. Not surprisingly, public confidence in Government has
declined, and so has confidence in national institutions. There is a widespread cynicism about the
political process itself. While the people feel that they cannot influence or control the
Government except by recourse to violent agitations, the Government has also discovered | that
its capacity to govern has impaired precariously. What is needed is not a j change in the
Constitution but a change of heart on the part of our politicians, i Healthy constitutional
conventions and traditions are urgently required to; make Indian democracy a success. The spirit
behind the law is as important as j the letter.9
Paul R. Brass has very rightly observed, "Indeed, the Indian politica regime is one of the most
democratic in the world by most conventiona measures of political participation, electoral and
party competition and persist ence of parliamentary institutions. It is also among the least
repressive regimesj
in the world..........There is a free press and ordinary people are free to spea
their minds in public and private.....The dismantling of state-directed economid
planning is itself a major step in the direction of decentralisation, which i| bound to have
decentralising political consequences.....
10
1.
REFERENCES Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), pp. 31-32.
2. M. V. Pylee, India's Constitution (Bombay, 1967), pp. 18-19.
3. Ibid., p. 29.
4. C. H. Alexandrowicz, Constitutional Development in India, p. 64.
5. Subhash C. Kashyap, Parliament in the Indian Polity (New Delhi, 1987), p. 21.
6. Basu, n. 1, p. 30.
7. Robert L. Hardgrave, Jr., India—Government and Politics in a Developing Nation (New Yorlj 1975), pp. 80-81.
8. V.R. Mehta, Ideology, Modernization and Politics in India (New Delhi, 1983), pp. 4-11.
9. P. Sivaram Prasad, 'Indian Constitution and Democracy', Indian Express, February 16, 199 10. Paul R. Brass, The Politics of
India since Independence (second edition, Cambridge, p. 36^ Chapter 7
THE PREAMBLE
PHILOSOPHY OF THE CONSTITUTION
The Preamble to a constitution is expected to embody the fundamental values and the philosophy
on which the constitution is based and the aims and objectives which is the founding fathers
enjoined the polity to strive to achieve.
The Fundamental Rights incorporated in Part-Ill, the Directive Principles in Part-IV and the
Fundamental Duties in Part IVA added later actually constitute one organic whole which follows
from the Preamble. Taken together, they really proclaim the fundamental values and constitute
the foundational principles of the constitution.
Meaning of the Preamble : By Preamble is meant a preliminary or introductory statement in
speech or writing. The preamble of a statute, which generally follows the long title and precedes
the purview, is a prefactory explanation or statement in general terms stating the reason or
occasion for making the statute and the object or policy which it is designed to achieve. The
Preamble like the long title is a part of statute and is an admissible aid to its construction. In the
words of Dyer, C. J., the Preamble is a "Key to open the minds of the makers of the Act, and the
mischiefs which they intended to redress."2 The Preamble, however, is of not that importance as
the purview or enacting words of a statute. If the enacting words are clear and unambiguous, the
Preamble cannot affect their meaning but if there is a doubt as to the meaning of the enacting
words, the Preamble by showing the object or purpose of the Act helps in the selection of the true
meaning.3
History of the Preamble : In order to appreciate the nature of the Preamble of the Indian
Constitution, we must first of all look into the historic Objectives Resolution moved by Jawahar
Lai Nehru on December 13, 1946 and that was adopted by the Constituent Assembly on January
22, 1947. In fact, the Constituent Assembly held its first meeting on December 9, 1946 and the
first task of the assembly was the formulation of the objectives and the guiding principles which
were to form the basis of the Constitution. It was this great Charter that influenced the eventual
shaping of the fundamental law of our land through all subsequent stages. The Objectives
Resolution4 reads as follows:
1. The Constituent Assembly declares its firm and solemn resolve to proclaim India as an
Independent Sovereign Republic and to draw up for her future governance a Constitution;
2. Wherein the territories that now comprise British India, the territories now form the Indian
states and such other parts of India as are outside British India and the states as well as such other
territories as are willing to be constituted into the Independent Sovereign India, shall
nf all; and98
INDIAN GOVERNMENT AND POLITICS
3. Wherein the said territories, whether with their present boundaries or with such others
as may be determined by the Constituent Assembly and thereafter according to the law of
the Constitution, shall possess and retain the status of autonomous units, together with
residuary powers and exercise all powers and functions of government and
administration, save and except such powers and functions as are vested or assigned to
the Union, or as are inherent or implied in the Union or resulting therefrom; and
4. Wherein all powers and authority of the Sovereign Independent India, as its
constituent parts and organs of government, are derived from the people; and
5. Wherein shall be guaranteed and secured to all the people of India justice, social,
economic and political; equality of status, of opportunity, and before the law; freedom of
thought, expression, belief, faith, worship, vocation, association and action, subject to
law and public morality; and
6. Wherein adequate safegurads shall be provided for minorities, backward and tribal
areas and depressed and other backward classes; and
7. Whereby shall be maintained the integrity of the territories of the Republic and its
sovereign rights on land, sea and air according to justice and the law of civilized nations;
and
8. This ancient land attains its rightful and honoured place in the world and makes its full
and willing contribution to the promotion of world peace and the welfare of mankind.
The Drafting Committee of the Assembly in formulating the Preamble in the light of the
'Objectives Resolution' felt that the Preamble, should be restricted to defining the
essential features of the new state and its basic socio-political objectives and that the
other matters dealt within the Resolution could be more appropriately provided for in the
substantive parts of the Constitution.5 The committee adopted the expression 'Sovereign
Democratic Republic' in place of'Sovereign Independent Republic' as used in the
Objectives Resolution, for it thought that independence was implied in the word
'Sovereign'.6 The committee also added a clause about fraternity which did not occur in
the Objectives Resolution. "The committee felt that the need for fraternal concord and
goodwill in India was never greater than now and that this particular aim of the new
Constitution should be emphasised by special mention in the Preamble." In other respects
the committee tried to embody in the Preamble "the spirit and, as far as possible, the
language of the Objectives Resolution."8
The Preamble of the Constitution : The Preamble of the Constitution of India reads:
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all
its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and opportunity; and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do
HEREBY;THE PREAMBLE : PHILOSOPHY OF THE CONSTITUTION
99
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
The draft of the Preamble was considered by the Assembly last after considering other provisions
of the Draft Constitution "to see that it was in conformity with the Constitution." 9 A number of
amendements were moved and rejected. A motion was, therefore, adopted by the Assembly that
"the Preamble stands parts of the Constitution."10 The words and figures "this twenty-sixth day of
November 1949" introduced in the last paragraph indicate the date on which the Constitution was
finally adopted by the Assembly.
Amendment of the Preamble : By section 2 of the Constitution (42nd Amendment) Act, 1976)
two amendments were made in Preamble. First, for the words 'Sovereign Democratic Republic'
the words 'Sovereign Socialist Secular Democratic Republic' were substituted and secondly, for
the words 'Unity of the Nation' the words 'Unity and Integrity of the Nation' were substituted.
The Preamble being a part of the Constitution, is open to amendment in the exercise of
Parliament's constituent power under Article 368 subject to the limitation that to the extent it
reflects the basic structure or framework of the Constitution it cannot be amended. 12 The
amendments made by the 42nd Amendment in the Preamble have been held to be valid. 13 "Those
amendments are not only within the framework of the Constitution but they give vitality to its
philosophy, they afford strength and succour to its foundations." 4
Essential Ingredients of the Preamble : Reading through the Preamble, one can see the purposes
that it serves, namely, the declaration of (i) The source of the Constitution, (ii) Type of
government, (hi) Objectives of the political system, and (iv) the date of its adoption and
enactment.
1. The source of the Constitution : The opening and closing words of the Preamble, "We, the
people of India, adopt, enact and give to ourselves this Constitution" convey that the Constitution
emanated from the people and the sovereignty under the Constitution vested in the people. Most
of the modern Constitutions emphasise the same principle.
Since the Constituent Assembly 'enacted and adopted' the Constitution in the name of the people
of India, the question has been asked whether the Assembly was really representative of the
people of India. "Does the Constitution reflect the will of the people of India?" This question was
raised both within and outside the Assembly. Notice of a motion to this effect was given by a
member of the Assembly who asked the House to adjourn the discussion on the Draft
Constitution altogether and called for a new House on the basis of adult franchise to be elected,
claiming that such a House alone should deal with the framing of the Constitution. The motion
was, however, rejected by the Assembly as there was no one to support it.
The circumstances under which the Constituent Assembly came into being will show that it was
impracticable to constitute such a body in 1946 with adult suffrage as its basis. No part of the
country had the experience of adult suffrage. To prepare an electoral roll on the basis of adult
suffrage for the country and to hold elections on that basis would have certainly taken a number
of years. It was rightly thought unwise to postpone the task of constitution making until such an
election was held. At the same time the necessity for having a new Constitution made by Indians
to suit the conditions and circumstances in the country was keenly felt. This was the main
justification for accepting the Cabinet Mission Plan for constituting the Assembly through
indirect election.100
INDIAN GOVERNMENT AND POLITICS
If the time factor was the main consideration in 1946, one might ask the question; "What
prevented the Constitution being referred to the people through a referendum in 1950 for their
approval?" Such a procedure would have established the popular character of the Constitution
despite the fact that the Assembly was not elected on a popular basis. Here again, the answer is
simple. To conduct a nation wide referendum involving some 180 million voters was indeed a
task which involved elaborate preparation and enormous expense. But the effect of such a
referendum was soon provided by the First General Elections 1951-52 conducted under the new
Constitution on the basis of adult suffrage. In that election some of the leading opposition parties
had declared that if they returned to power, they would scrap the present constitution and write an
altogether new one. But the results of the election proved beyond any doubt that the Constituent
Assembly although elected indirectly, was fully representative body and the Constitution was an
instrument of the popular will. For, not only were those parties who opposed the Constitution
severely defeated at the polls, but almost every member of the Constituent Assembly who stood
for election was returned to the new Parliament of India or a State Legislature with convincing
majorities. The talk of scrapping the Constitution has not been heard since then and no one will
seriously challenge today what Ambedkar said on the floor of the Constituent Assembly in 1949,
"I say that this Preamble embodies what is the desire of every member of the House, that this
constitution should have its root, its authority, its sovereignty from the people. That it has."
2. Type of Government : The polity (type of government) assured to the people of India by the
Constitution is described in the Preamble as a Sovereign, Socialist, Secular, Democratic
Republic.
The expression 'Sovereign' signifies that the Republic is externally sovereign. It had already
ceased to be a dependency of the British Empire by the passing of the Indian Independence Act,
1947. From the 15th of August, 1947 to the 26th January, 1950, her political status was that of a
Dominion in the British Commonwealth of Nations. But with the inauguration of the present
Constitution, India became 'a Sovereign Republic' like the United States of America or the Swiss
Republic. However, India is still a member of the Commonwealth of Nations. This peculiar
position is the result of an agreement reached at the Commonwealth Prime Minister's Conference
in London in April 1949. There, India made a declaration to the effect that notwithstanding her
becoming a Sovereign Independent Republic, she should continue "her full membership of the
Commonwealth of Nations and her acceptance of the King (or England) as the symbol of the free
association of the Commonwealth." But it is to be noted in this connection that this declaration
was extra-legal. There is no mention of it in the Constitution of India. It is a voluntary declaration
which indicates a free association with no legal obligation. Its acceptance of the King (or Queen)
of England as a symbolic head of the Commonwealth does not create any allegiance of the
citizens of India to the King of England. Hence, this voluntary association of India with the
Commonwealth does not affect her sovereignty in any manner and India could cut off that
association as easily as it had been declared.
The fact that India is a sovereign State does not, however, mean that it cannot cede a part of its
territory in favour of "a foreign State. It is an essential attribute of sovereignty that a sovereign
State can acquire foreign territory and can in case of necessity cede a part of its territory in favour
of a foreign State. It cannot be assumed that the Preamble which declares India to be 'Sovereign'

I
101
THE PREAMBLE : PHILOSOPHY OF THE CONSTITUTION

makes a serious inroad on one of the essential attributes of sovereignty itself. National territory,
therefore, can be ceded by amending the Constitution.15
The Constitution, as already seen, derives its authority from the people. Legal sovereignty,
therefore, is vested in the people of India. The political sovereignty is distributed between the
Union and the States with greater weightage in favour of the Union. The States do not possess
any absolute sovereignty. There is no dual citizenship in India; and citizens are citizens of India
and not of the various States in which they are domiciled.
The word 'Socialist' added by the 42nd Amendment is intended to bring out that ours is a
Socialist State which aims to secure to its people 'Justice— social, economic and political'. Its
inclusion in the Preamble was objected on the ground that it is a vague expression and mean
different things to different persons. When the Janata Party came into power, the term 'Socialism'
was defined in the 45th Constitution Amendment Bill. This Bill provided that 'Socialist Republic
is a republic in which there is freedom from all forms of exploitation, social, political or
economic' But because of the opposition of the Council of States, this definition had to be
deleted. The expression 'Socialist' thus remains undefined.
The word 'Secular' has also been added by the 42nd Constitution Amendment Act, 1976. It
highlights that the state shall have no religion of its own and all persons shall be equally entitled
to freedom of conscience and right freely to profess, practise and propagate religion. It was not
used by the framers of the Constitution and its omission was rather deliberate because Prof. K. T.
Shah made two attempts by suggesting amendments but every time he was opposed by Dr. B. R.
Ambedkar, who perhaps thought that the principles of secularism are already enshrined in the
chapter on Fundamental Rights. The provisions of right to freedom of religion ensuring freedom
of conscience and free profession, practice and propagation of religion, freedom to manage
religious affairs and right to equality clearly implied that India is a 'Secular Republic'.
Though 42nd Constitution Amendment Act inserted the word 'Secular' in the Preamble, it was not
defined and its meaning remained vague. The 45th Constitution Amendment Bill defined 'Secular
Republic' as a "Republic in which there is equal respect for all religions." This definition of
'secularism' was rejected by the Council of States and as a result thereof it could not be added in
the Constitution.
The term 'Democratic' is comprehensive. In a narrow political sense it refers only to the form of
Government, a representative and responsible system under which those who administer the
affairs of the state are chosen by the electorate and accountable to them. But in its broadest sense,
it embraces, in addition to political democracy also social and economic democracy. The term
'democratic' is used in this sense in the Preamble.
The term 'Republic' implies an elected head of the State. Ademocratic State may have an elected
or a hereditary head. Britain is perhaps the best example of latter type. There, the monarch, a
hereditary ruler, is no hindrance to democratic government as the real power of the state is in the
hands of the representatives of the electorate. Under a republican form, on the contrary, the head
of the state, single or collective, is always elected for a prescribed period. For example, in U. S.
A., the head of the state and chief executive (the President) is elected for a fixed period of four
years. In Switzerland, on the other hand, a "^ "inmKoro ia olcftprl fnr a ntvriod of four vears to constitute102
INDIAN GOVERNMENT AND POLITICS
of electing one of its citizens as its President—the head of the State—at regul; intervals.
3. Objectives of the Political System : The Preamble proceeds further 1 define the
objectives of the Indian political system. These objectives are four i number : Justice,
Liberty, Equality and Fraternity.
Justice implies a harmonious reconcilement of individual conduct with th general welfare
of society. The essence of justice is the attainment of the commo: good. It embraces, as
the Preamble proclaims, the entire social, economic an political spheres of human
activity.
The term 'liberty' is used in the Preamble not merely in a negative but alsi in a positive
sense. It signifies not only the absence of any arbitrary restrain on the freedom of
individual action but also the creation of conditions whicl provide the essential
ingredients necessary for the fullest development of th< personality of the individual.
Liberty is a sham without equality. In fact, Liberty and Equality are complementary.
Equality does not mean that all human beings are equal mentally and physically. It
signifies equality of status, the status of free individuals and equality of opportunity. The
equality of status is provided by prohibition of artificial restrictions on the grounds of
religion, race, sex, colour, place of residence and the like. It is supplemented by the
prohibition of untouchability and by the abolition of titles. At the same time, equality of
opportunity is provided by the guarantee of rule of law signifying equality before law and
non-discrimination in matters of public employments.
Finally, the Preamble emphasises the objective of Fraternity in order to ensure both the
dignity of the individual and the unity of the nation. By "fraternity is understood a spirit
of brotherhood, the promotion of which is absolutely essential in our country which is
composed of people of many races and religions." Dignity is a word of moral and
spiritual import and imposes a moral obligation on the part of the Union to respect
personality of the citizen and to create conditions of work which will ensure self-respect.
The incorporation of the phrase 'dignity of the individual' is an express rejection of the
Hegelian theory on which modern totalitarianism is based.16 The phrase 'dignity of the
individual' signifies that the Constitution, as K.M. Munshi said, "is an instrument not only
of ensuring material betterment and maintaining a democratic set up, but that recognises
that personality of every individual is sacred." The unity of the nation stands on the basis
of the dignity of the individual. The use of words 'Unity and Integrity'17 has been made to
prevent tendencies of regionalism, provincialism, linguism, communalism and seces-
sionist and separatist activities,18 more and more so that the dream of national integration
on the lines of enlightened secularism is achieved.
4. Date of Adoption and Enactment: The last part of the Preamble mentions the date, that
is twenty-sixth day of November, 1949 on which the Constituent Assembly adopted,
enacted and gave this constitution to the nation.
The Preamble came into force only on January 26,1950. In this connection it may be
noticed that a proposal was made in the Constituent Assembly by Santhanam that
Preamble should come into force on November 26, 1949, but the said proposal was
rejected.THE PREAMBLE : PHILOSOPHY OF THE CONSTITUTION
103
PREAMBLE : THE POLITICAL HOROSCOPE OF THE CONSTITUTION
The significance of the Preamble so beautifully worded by the founding fathers received its best
tribute from distinguished political scientists and constitutional experts. The Preamble is like a
'Jewel' set in the Constitution. Commenting the beautiful form in which the Preamble is couched,
one of the members (Pandit Thakurdas Bhargava) in the Constituent Assembly rose to poetic
heights when he said, "The preamble is the most precious part of the Constitution. It is the soul of
the Constitution. It is a key to the Constitution." It normally expresses the political, moral and
religious values which the Constitution is intended to promote. It embodies the spirit of the
Constitution, the determination of the Indian people to unite themselves in a common adventure
of building up a new and independent nation which will ensure the triumph of justice, liberty,
equality and fraternity. It outlined, the essentials of the Constitution, which was to be framed by
the Constituent Assembly, and, thus, laid down, what K. M. Munshi has called, "the horoscope of
our Sovereign Democratic Republic."
The Preamble is the quint essence of the Indian polity as it embodies the basic philosophy and
throws light on its structure. It is a combination of the philosophy of two revolutions, the Russian
and the French. The concept of social, economic and political justice has been taken from the
Russian Revolution and the concepts of liberty, equality and fraternity have been taken from the
French Revolution.
JUDICIARY AND THE PREAMBLE : A SURVEY OF ITS ATTITUDE
In Gopalan vs. State of Madras19 it was contended that the Preamble to our Constitution which
seeks to give India a 'democratic' constitution should be the guiding star in its interpretation and
hence any law made under Article 21 should be held as void if it offended against the principle of
natural justice, for otherwise the so-called fundamental right to life and personal liberty would
have no protection. The majority of the Supreme Court rejected this contention, holding that 'law'
in Article 21 refers to 'positive or state made law' and not natural justice and that this meaning of
the language of Article 21 could not be modified with reference to the Preamble.
In the reference on the agreement relating to Berubari Union and Exchange of Enclaves it was
observed by the Supreme Court after quoting Story and Willoughby that "the Preamble is not a
part of the Constitution."
Although the history and import of the Preamble came up for detailed consideration in
Kesavanand us. State of Kerala in the context of the scope of the amending power contained in
Article 368 of the Constitution, its importance was first realised by Hidayatullah and Mudholker,
in Sajjan Singh vs. State of Rajasthan.22 Hidayatullah, in that case said, "The Preamble of the
Constitution is equally vital to our body politic. It does not make any grant of power but it gives a
direction and purpose to the Constitution which is reflected in Parts III and IV." 23 Justice
Mudholker also observed, "It has been said, no doubt, that the Preamble is not a part of our
Constitution. But, I think, that if upon a comparison of the Preamble with the broad features of
the Constitution it would appear that the Preamble is an epitome of those features or, to put it
differently if these features are an amplification or concretisation of the concepts set out in the
Preamble it may have to be considered whether the Preamble is not a part of the Constitution." 24
Post-Gopalan decisions of the Supreme Court also show that the court is now inclined to take a
larger cognizance of the Preamble as setting forth the104
INDIAN GOVERNMENT AND POLITICS
of Fundamental Rights and Directives, because it is the ideals of socialism, secularism and
democracy which are elaborated by the enacting provisions.
The history of the making of the Constitution with special reference to the Preamble was
considered in Kesavanand's case and the opinion was generally unanimous that the Preamble is a
part of the Constitution and that the contrary opinion expressed in the Reference on the
Agreement relating to Berubari Union and Exchange of Enclaves was wrong.
The seven judges who constituted the majority in Kesavanand's case laid great emphasis on the
Preamble in reaching their conclusions that the power of amendment conferred by Article 368
was limited and did not enable Parliament to alter the basic structure or framework of the
Constitution. Chief Justice Sikri observed, "Preamble of our Constitution is of extreme
importance and the Constitution should be read and interpreted in the light of the guard and noble
vision expressed in the Preamble."25
Thus, today the Preamble is a part of the Constitution. It can be amended but its part which
defines the basic structure of the Constitution cannot be tampered with.
The Preamble is a unique part of the Constitution in the sense that it represents the entire
constitution in its written words and much more; that it is a vital part of the Constitution not in the
sense that it is unalterable or unamendable on the ground that it contains the basic features of the
Constitution, but in the sense that it enables one to understand the Constitution.
REFERECNES
1. Subhash C. Kashyap, Our Constitution (2001, National Book Trust), p. 53.
2. Stowel V. Lord Zouch (1569) I Plowd 353, p. 359, 75 Eng. Repr. 356.
3. Kevalppara Kottarathil Kochuni Moosil Nayar vs. State of Madras and Kerala, AIR 1960 SC 1080, pp. 1096-97, page 35.
4. Shiva Rao, Select Documents, Vol. II Hi), pp. 3-4.
5. Shiva Rao, The Framing of India's Constitution, A Study, p. 128.
6. Dr. Ambedkar's letter dated 21.2.1948 to the President of the Assembly submitting the Draft Constitution, Para 2: Draft
Constitution, pp. iii and iv.
7. Ibid.
8. Ibid.
9. Shiva Rao, The Framing of India's Constitution, A Study, p. 130.
10. Constituent Assembly Debates, Vol. X, pp. 429-56; Kesavanand Bharti vs. State of Kerala, AIR 1973 SC 1461 p. 1875.
11. Shiva Rao, The Framing of India's Constitution, A Study, p. 132.
12. M. Hidayatullah, Constitutional Law of India, Vol. I, 1984, p. 20.
13. Minerva Mills vs. Union of India & others, Writ Petition Nos. 356-361 decided by Supreme Court on May 9, 1980, AIR 1980 SC
1789.
14. Ibid., AIR 1980 SC 1789, pp. 1798-99, Para 23.
15. Reference by the President of India under Article 143(1) of the Constitution on the implementation of the Indo-Pakistan
Agreement relating to Berubari Union and Exchange of Enclaves, AIR 1960 SC 845.
' 16. K. M. Munshi, Indian Constitutional Documents, Vol. I, Bombay, 1967, pp. 193-94.
17. The word 'integrity' in this clause was added by the 42nd Amendment (1976).
18. J.C. Johari, Indian Government and Politics (Delhi, 1974), p. 35.
19. Gopalan us. State of Madras (1950) S.C.R. 88 (120, 198).
20. Re Berubari Union, A. 1960, S.C. 845.
21. AIR, 190 SC 845, p. 856.
22. Sajjan Singh vs. State of Rajasthan, AIR, 1965 SC 845, p. 865.
23. AIR, 1965, p. 861, para 42.
24. AIR, 1965, p. 865, para 62.
25. K. C. Markandan, The Preamble: Key to the Mind of the Makers of the Indian Constitution (New Delhi, 1984), pp. 4-
5.Chapter 8
SECULARISM
THE SOUL OF THE CONSTITUTION
The Constitution of India describes the State as sovereign, socialist, secular and democratic. The
expression 'secular' has special significance in the context of the historical development of Indian
polity. Indeed, it is of pivotal importance particularly in the context of political realities on the
ground as they exist now. In a plural society like ours with a multiplicity of religions, creeds and
cultures, democracy cannot survive, much less, flourish unless it is based on the principle of
secularism. As late Smt. Indira Gandhi put it: "Secularism and democracy are the twin pillars of
our state, the very foundation of our society."
A secular State as defined scientifically, means a state which recognises every citizen as equal
and does not recognise any social or religious stratification as vehicles for exercising political
rights. But what is generally projected as secularism is 'tolerance of all religions with special
emphasis on the protection of minorities and preservation of communal harmony.' This
commonly understood meaning of secularism, falls far short of the scientific meaning of it. The
essence of secularism, however, rests on two basic principles :
(a) Separation of religion from politics.
(b) Acceptance of religion as purely and strictly private affairs of individuals having nothing to
do with the state.
In short, the conceptual delinkage of religion from state constitutes the core of the philosophy of
secularism.
It is an instrument of social change and political transformation. It involved a change from a
traditional to a modern pattern of human relations. It is both an ideal and reality. It is not a
negative concept. It is a positive and dynamic concept.
SECULARISM : ITS MEANING AND NATURE
Secularism is a word which has its origin in Western countries and relates to the separation of the
Church from the State, giving the State a position of neutrality between different religions, while
at the same time guaranteeing all citizens the right to profess any one of them. In some ways the
word 'secular' is used as a contrast with the word 'Religious'. This has sometimes led people to
believe that secularism is opposed to religion, but broadly speaking it is used not as opposed to
religion but as divorced from all religious or religion having nothing to do with the conduct of
state affairs. In India the word has been used not in anti-religious sense, but making treatment of
all religions in an equal fashion and ruling out any discrimination of any Indian on the ground of
his religion. Use of the word secularism in this sense has been characterised by106
INDIAN GOVERNMENT AND POLITICS
or in the Webster. But long usage has given India the sense of equal respect to all religions and
identified the word secular with tolerance among the different religions in India. As pointed out
by Dr. Radhakrishnan, "Secularism does not mean irreligion or atheism or even stress on material
comforts. It proclaims that it lays stress on the universality of spiritual values which may be
attained by a variety of ways." In the Indian context, secularism means equal status to all
religions. To quote Dr. Radhakrishnan again: "We hold that no one religion should be given
preferential status, or unique distinction, that no one religion should be accorded special
privileges in national life, or international relations, for that would be a violation of the basic
principles of democracy and contrary
to the best interest of religion and government.......No group of citizens shall
arrogate to itself rights and privileges which it denies to others. No person shall suffer any form
of disability or discrimination because of his religion but all alike should be free to share to the
fullest degree in the common life. This is the basic principle involved in the separation of church
and state."
Donald Eugene Smith, whose book 'India as a Secular State' is a notable work, suggests a
working definition thus:
"The secular state is a state which guarantees individual and corporate freedom of religion, deals
with the individual as a citizen irrespective of his religion, is not constitutionally connected to a
particular religion nor does it seek either to promote or interfere with religion." Upon closer
examination it will be seen that the conception of a secular state involves three distinct but inter-
related sets of relationships concerning the state, religion and individual—the three sets of
relations are :
1. Religion and the individual (freedom of religion),
2. The State and the individual (citizenship),
3. The State and religion (separation of state and religion).
The Western concept of secularism implying anti-religious ideology cannot be applied to India
which is a multi-religious society. As rightly observed by late Smt. Indira Gandhi, "Secularism is
neither a religion nor indifference to religion but equal respect for all religions," not mere
tolerance but positive respect— without it, there is no future for the nation." Even Western
writers have supported this view, for instance, Harvey Cox has stressed that secularism does not
exclude religion; on the contrary, it breeds religious peaceful co-existence. What is important to
note is that in a secular polity the state has nothing to do with religion.
Lakshmi Kant Maitra observed in the Constituent Assembly: "By secular, as I understand, is
meant that the state is not going to make any discrimination on the ground of religion or
community against any person professing any particular form of religious faith. This means in
essence that no particular religion in the state will receive any state patronage whatsoever. In the
words of H.V. Kamath, "We have certainly declared India to be a secular state. But to my mind, a
secular state is neither a Godless state nor an irreligious nor an anti-religious state."
THE CONCEPT OF SECULARISM : THE LEGACY OF INDIAN CULTURE AND TRADITION
It has also to be borne in mind that secularism is not an exotic concept planted in India from the
West. It grew out of its past history of a wide and general movement in thoughts and feelings
which emerges gradually from the intermingling of different groups and communities in
consequence of theSECULARISM : THE SOUL OF THE CONSTITUTION
107
impetus given to it by changes in social, economic and political life. It has made Indian culture a
'composite' one which means blending of various separate elements into a single whole. The Sufi
and Bhakti Movements in Medieval India gave a tremendous impetus to bringing the people of
various communities closer. The leading lights of the movement were Khwaja Moinuddin Chisti,
Baba Farid, Kabir, Guru Nanak, Dadu, Tukaram and Mira Bai who contributed to the
development of composite culture in such measure that was not really possible only through a
political or administrative system. There is much to be read and understood in a cryptic remark of
Guru, Nanak: 'There is no Hindu and no Musalman,' as he saw no distinction between man and
man. The spirit of tolerance has been a hallmark of secular attitude and outlook. It echoes in
Ashoka's famous Twelfth Rock Edict on Religious Toleration. It triumphed in the reign of Akbar
who, being a liberal ruler, was alive to the dangers of religious strife and tried to promote national
solidarity by his catholic eclecticism and secular policies. His propagation of 'Din-e-Illahi'
(Divine Faith) and Sulh-i-Kul (Peace with all) were all imbued with the spirit of secularism. This
spirit was strengthened and enriched through our long freedom movement. The Constitution
drafted by Pandit Motilal Nehru as the Chairman of the historic Nehru Committee in 1928, that
eventually became the foundation for the Constitution of India, had a specific provision regarding
secularism in these terms:
"4. (XI) There shall be no state religion for the commonwealth of India or for any province in the
commonwealth, nor shall the state, either directly or indirectly, endow any religion or given each
religion any preference or impose any disability on account of religious beliefs—or religious
status........"
THE NATURE OF SECULAR STATE : THE APPROACH OF GANDHI AND NEHRU
The principal advocates of secular ideology in India were Jawahaf Lai Nehru and Mahatma
Gandhi. Nehru's secularism was based on a commitment to scientific humanism tinged with a
progressive view of historical change. On the other hand, Gandhi's secularism was based on a
commitment to the brotherhood of religious communities based on their respect for and pursuit of
truth.
Jawahar Lai Nehru has been a leading champion of the concept of the secular state. Indeed, the
creation of India as a secular state may in time come to be accepted as 'one of his greatest
achievements,' to use the words of Chester Bowles.1 Nehru has a great aversion to the intrusion of
religious factors into politics, and he is especially concerned with transforming India from a
'Caste-ridden society' in which communalism constitutes a major threat to all the values that he
cherishes to "a national state which includes people of all religions and shades of opinion and is
essentially secular as a state."2 "Religion is all right," he has said, "when applied to ethics and
morals, but it is not good mixed up with politics."
This statement seems to be in direct contrast to the views of Mahatma Gandhi, whom Nehru
himself once described as "essentially a man of religion, a Hindu to the innermost depths of his
being."4 In a famous passage in his Autobiography Gandhi wrote: "I can say without the slightest
hesitation, and yet in all humility, that those who say that religion has nothing to do with politics
do not know what religion means."5 Gandhi and Nehru, the master and disciple, approached the
problem of the relation between religion and politics108
INDIAN GOVERNMENT AND POLITICS
religious man, saw merit and truth in all religions, and he "felt that any form of political
association based exclusively on adherence to a particular religion was worse than
undemocratic."6 Nehru, who professes himself to be an agnostic, said that "I have no desire to
interfere with any person's belief," but he objects
strongly to any efforts perpetuate "a complete structure of society......by giving
it religious sanction and authority," and he desired a state which "protects all religions, but does
not favour one at the expense of others and does not itself adopt any religion as the state religion."
Hence, it is easy to understand why both Gandhi and Nehru, though perhaps for different reasons,
were so strongly opposed to the whole idea of partition, and why Nehru referred to the decision
of the Constituent Assembly in Karachi, in November, 1953, to make Pakistan an Islamic
Republic as "medieval conception totally opposed to any democratic conception."
Nehru insisted that free India should be a non-communal, secular state. "The Government of a
country like India." Nehru declared "with many religions that have secured great and develop
followings for generations, can never function satisfactorily in the modern age except on a secular
basis."8 He boasts of the fact that "our Constitution is based on secular conception and gives
freedom to all religions."
SECULARISM : ITS BASIC OUTLINES IN THE CONSTITUTION
Our Constitution has adopted a system of political philosophy that rejects all forms of religious
faith and worship and has accepted the view that public education and other matters of public
policy should be conducted without the introduction of religious elements.
Our Constitution is wedded to the principle that the state should refrain either penalizing or
favouring any religion that is professed by any of its people. What is guaranteed by the free
exercise clause in the American Constitution is guaranteed by our Constitution in Articles 25 to
28.
Explaining the secular character of the Indian Constitution the Supreme Court said, "There is no
mysticism in the secular character of the State. Secularism is neither anti-God nor pro-God, it
treats alike the devout, the antagonistic and the atheist. It eliminates God from the matters of the
State and ensures that no one shall be discriminated against on the ground of religion." In S. R.
Bommai vs. Union of India, the Supreme Court held that
'secularism' is a basic feature of the constitution.....politics and religion cannot
be mixed.
The basic outlines of the secularism is enshrined in the following Articles of the Constitution :
1. Preamble : It is true that the word 'secular' did not first occur either in Article 25 or 26 or in
any other Article of Preamble of the Constitution. By the Constitution (Forty-second
Amendment) Act, 1976, the Preamble was amended for the words 'Sovereign Democratic
Republic' the words 'Sovereign, Socialist, Secular, Democratic Republic' were substituted.
2. No State Religion : There shall be no 'state religion' in India. The state will neither establish a
religion of its own nor confer any special patronage upon any particular religion. It follows from
this that:
(i) the state will not compel any citizen to pay any taxes for the promotion or maintenance of any
particular religion or religious institution (Article 27);
(ii) no religious instruction shall be provided in any educational institution wholly provided by
State funds;SECULARISM : THE SOUL OF THE CONSTITUTION
109
(iii) even though religious instruction be imparted in educational institutions recognised by or
receiving aid from the state, no person attending such institution shall be compelled to receive
that religious instruction without the consent of himself or of his guardian. In short, while
religious instruction is totally banned in state-owned educational institutions, in other
denominational institutions it is not totally prohibited but it must not be imposed upon people of
other religions without their consent. (Article 28)
In a historic judgement delivered on September 12, 2002, the Supreme Court of India upheld the
National Curriculum Framework for Secondary Education rejecting the contention that it was an
attempt to "saffronise" education by the BJP led NDA Government.
The Court observed that "We do not find that the National Education Policy 2002 runs counter to
the concept of secularism. What is sought is to have value-based education and for 'religion' it is
stated that the students be given awareness that the essence of every religion is common, only
practices differ," the Bench said ... value-based education is likely to help the nation ...
knowledge of various philosophies was material for bringing communal harmony.
3. Freedom of Conscience : Every person is guaranteed the freedom of conscience and the
freedom to profess, practice and propagate his own religion, subject only :
(i) to restrictions imposed by the state in the interests of public order, morality and health (so that
the freedom of religion may not be abused to commit crimes or anti-social acts, e.g., to commit
the practice of infanticide, and the like);
(ii) to regulations or restrictions made by state relating to any economic, financial, political or
other secular activity which may be associated with religious practice, but do not really appertain
to the freedom of conscience;
(iii) to measures of social reform and for throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.
Subject to the above limitations, a person in India shall have the right not
only to entertain any religious belief but also to practise the observances
dictated by such belief, and to preach his views to others. (Article 25)
4. Freedom to Manage Religious Affairs : There is not only the freedom of the individual to
profess, practise and propagate his religion, there is also the right guaranteed to every religious
group or denomination :
(i) to establish and maintain institutions for religious and charitable ptirposes;
(ii) to manage its own affairs in matters of religion; (iii) to own and acquire movable and
immovable property; and (iv) to administer such property in accordance with law. (Article 26)
Secular activities associated with religious practice which can be regulated by the State have been
interpreted to mean non-essential aspects of religion or, for example, matters of secular
administration of religious properties which must be handled in accordance with law. (Ratilal vs.
State of Bombay (1954), SCR 1055; Ramanuja vs. State of Tamil Nadu, AIR 1972, SC 1586).no
INDIAN GOVERNMENT AND POLITICS
5. Equality before the Law : Article 14 grants equality before the law and equal protection of the
laws to all. Article 15 enlarges the concept of secularism to the widest possible extent prohibiting
discrimination on grounds of religion, race, caste, sex or place of birth. Article 16(1) guarantees
equality of opportunity to all citizens in matters of public employment and reiterates that there
would be no discrimination on the basis of religion, race, caste, sex, descent, place of birth and
residence.
6. Cultural and Educational Rights : Under Articles 29 and 30, certain cultural and educational
rights are guaranteed. Article 29 guarantees the right of any section of the citizens residing in any
part of the country having a distinct language, script or culture of its own, to conserve the same.
Article 30 provides that "all minorities, whether based on religion or language, shall have the
right to establish and administer educational institutions of their choice."
In M. Ismail Faruqui vs. Union of India (Ayodhya case) the Supreme Court has summarised the
true concept of secularism under the Constitution as follows:
"It is clear from the Constitutional scheme that it guarantees equality in the matter of all
individuals and groups irrespective of their faith emphasising that there is no religion of the State
itself. The Preamble of the Constitution read in particular with Articles 25 to 28 emphasises this
aspect and indicates that it is in this manner the concept of secular is embodied in the
constitutional scheme as a creed adopted by the Indian people has to be understood while
examining the constitutional validity of any legislation. The concept of secularism is one facet of
the right to equality woven as the central golden thread in the fabric depicting the pattern of the
scheme in our Constitution."9
PROPAGATION AND CONVERSION
It is amazing that some Christian leaders assert that the word 'propagates' in Article 25(1) gives
them a fundamental right to convert people of other faiths into Christianity, by any means. The
Supreme Court, while examining the M.P. and Orissa Acts in 1977 held that "If any such right to
convert be conceded, such right would belong to every religion, so that there would inevitably be
a breach of the public peace if every religious community carried on a campaign to convert
people belonging to other faiths, by the use of force, fraud, inducement or allurement. The State
was, therefore, constitutionally authorised to maintain public order by prohibiting and penalising
conversion (including attempt to convert) if force, fraud, inducement or allurement was used by
the person or persons advocating conversion in any particular case."
Thus, the Supreme Court upheld the constitutional validity of both the M.P. and Orissa Acts, after
rejecting every plea raised on behalf of the Christian parties.
10
• The Supreme Court has held that the right to propagate religion does not include any right to forcible
conversion as these may disturb public order. (Stainslaws us. State of M.P., AIR 1977 SC 908)
• In the Anand Marg Case the right to perform Tandav dance with lethal weapons and human skulls in a
public procession was held not to be an essential religious practide and banning of the procession in the
interest of 'public order and morality'was considered a reasonable restriction. (Jagdish-waranand vs. Police
Commissioner, AIR 1984 SC 51).
• Cow slaughter on bakrid was held not to be an essential practice of Islam and could therefore be
prohibited by law in the interest of public order. (Moh. Hanif Quareshi vs. State of Bihar, AIR 1958 SC
731).

SECULARISM : THE SOUL OF THE CONSTITUTION

111
According to D.D. Basu, "The sum total of the above provisions make our state more secular than
even the United States of America." P.B. Gajendragad-kar, C.J., has said that "Freedom of
religion is the foundation of Indian Secularism." Donald E. Smith says that the ideal of a secular
state is clearly embodied in the Indian Constitution and is being implemented in substantial
manner.11
SECULARISM IN PRACTICE
In practice, we have followed the path of secular polity. Of the twelve Indian Presidents since the
Constitution was enforced in January 1950, as many as four were non-Hindus, three Muslims Dr.
Zakir Hussain, Fakhruddin AH Ahmed and A.P.J. Abdul Kalam and a Sikh Giani Zail Singh.
Three Muslims have been Chief Justice of India, one of whom, Mr. M. Hidayatullah, was also
Vice-President for a term, a Muslim was Air Force Chief, Air Chief Marshal I.H. Lateef, several
others who have reached the second or a senior enough position in the army, navy and the air
force, there have been invariably more than one Muslim Minister at the centre and in most states,
some of which even had Muslim Chief Minister, belonging to different political parties, apart
from Jammu and Kashmir which always has had a Muslim as its Chief Minister, many governors,
Vice-Chancellors, leaders in the field of Science and Technology, any number of ambassadors
and so on.
Despite the constant criticism one hears, the Indian system is non-discriminatory. Otherwise, how
could the Parsis, the most miniscule of minorities, give the country its first Field Marshal, a naval
and an air force Chief? One Anglo-Indian (tiny minority) has been the Chief of the IAF and two
Christians have been Naval Chiefs. Two Sikhs have headed the air force and in the army they
have a representation which could be the envy of any other community.
As in the arts so in sports, whether it is hockey or cricket, football or tennis or any other game,
athletics, boxing or horsemanship, the minorities i.e., Muslims, Christains, Sikhs and the others
have given the country some outstanding sportsmen in the five and a half decades of
independence. Their names will fill whole columns. In games where the leadership of the team is
of some consequence, as in cricket, players from the minority community have for several years
been given charge of captainship.
Sports and the arts are not governed by any constitutional provisions and yet the general non-
discriminatory climate in the country ensures that ability and performance would be given due
weight and nobody will be held back because of his religion. Even the constitutional provisions
cannot be of much help if there are not enough people from the minorities competing for
positions and taking competitive tests and examinations. In other words, equality of opportunity
is guaranteed but there should always be people to take advantage of the many opportunities that
exist under the state. In the case of Chiefs of the three defence services that we have cited the
tests are stiff indeed and people have to go through a variety of selections in which no secularism
will help them if they do not work hard and qualify in the various tests and they do not have the
quality of leadership which takes them to the top. But if there were no secularism, that is, non-
discrimination on the ground of your religion alone, you could be put down or be superseded by a
less qualified person belonging to a112
INDIAN GOVERNMENT AND POLITICS
PSEUDO-SECULARISTS
The Bhartiya Janata Party (BJP) maintains that our present secularism is pseudo-secularism as it
amounts to 'appeasement' of the minorities. Our political leaders have become helpless prisoners
of electoral politics and vote arithmetic. Their first concern has been to create favourable vote
banks and vote combinations. According to their understanding, Muslims constitute the biggest
vote block as they generally vote as a religious community while the Hindu consciousness at
political level gets fragmented along caste, linguistic and regional lines. And, therefore, these
politicians, under the cover of secularism, try to appeal to the religious sentiments of the Muslims
by raising the bogey of 'majority communalism', and 'Hindu Chauvinism', etc. Their secularism
has always been negative in character.
While talking of 'majority communalism' and 'Hindu Chauvinism' these over-zealous 'secularists'
forget the fact that it was this very 'Hindu majority' which in the most traumatic and provocative
days of partition of India, had not only chosen to tolerate the Muslims staying back in the
partitioned house, but had enshrined the ideal of secularism in our Constitution.
Obviously, secularism cannot be one-sided affair between a secular Hindu society and a non-
secular Muslim community. This became evident in the Muslim response to the Shah Bano case
and the announcement of death punishment to the renounced Muslim writer Salman Rushdie. 13
Let us not forget the fact that since the birth of the Indian National Congress in 1885, the most
important problem facing the national leadership had always been how to inspire the Muslim
masses to join hands with Hindus in the freedom movement. The Lucknow Pact, 1916, which
was blessed by Lokmanya Tilak and the support given to the Khilafat Movement in 1920 by
Mahatma Gandhi and Lala Lajpat Rai, were part of these continuous efforts. But even sincere and
highly influential leaders like Gandhi and Nehru failed to carry Muslim masses with them. Only a
few chose to join them. The 1946 elections, which were fought on the central issue of'partition' or
'United India' clearly showed while 99 per cent Hindus supported the Congress call for a 'United
India', more than 95 per cent of the Muslim voters chose to follow Jinnah's and not Maulana
Azad's call.
After independence, the compulsions of vote politics drove the political leadership to encourage
and also defend, fundamentalism and separatism amongst Muslims, in the name of'minority
identity'. It will not be an exaggeration to say that Indian politics has been held to ransom by
organised Muslim 'block votes'. There seems to be a mad race among different political parties to
woo Muslim voters under the cover of a fake secularism.14
FAILURES AND CHALLENGES OF SECULARISM IN INDIA
There is a strong feeling that the foundations of secularism in India have grown weak. The factors
and forces which have worked against the growth of secularism or which impede its progress can
be analysed as under :
1. Constitutional Contradiction : The Constitution has failed secularism as Article 48 is couched
in secular phrases but sanctioned ban on cow slaughter, a religious sentiment. Kripan, a weapon,
is allowed for Sikhs as a religious practice? Polygamy is allowed for Muslims and discrimination
against women is not yet struck down by the court all because of religion at the root. Even in the
Articles regarding minority communities, the court has read Article 30 lopsidedly as putting the
majority community as less advantaged—Certainly,SECULARISM : THE SOUL OF THE CONSTITUTION
113
a factor fomenting communal jealousy and destabilisation. Democracy must guarantee to the
minority equal rights with and immunity from the tyranny of the majority, not more, lest the
imbalance produce new pressures of majority communalism.
2. Society is Non-secular : For the sake of brevity, one may move on from the Philosophy of
secularism and the law of neutrality to secular humanism, manifest in the special concern for
women and children [Vide Article 15(3)] and for backward classes [Articles 15(4) and 16(4), 46
and 355] and denunciation of practices often based on religious bigotry like Sati and Dowry,
derogatory of the dignity of women (Article 51A). Is there a secular society in India? There
cannot be a secular State without a secular society.
3. Growing Fundamentalism : The growing fundamentalism both amongst Hindus and Muslims
is a serious threat to the secular character of our polity. One can understand the growth of
fundamentalism amongst Muslims because the minorities wish to preserve their identity. But
Hindu fundamentalism is a new phenomenon which is fraught with sinister consequences.
Concomitant with it is the dis-concertingly growing revivalism. Revivalist trends stimulate
narrowness in thought and enfeeble the spirit of secularism and also national unity.
4. Political Parties and their vested Interests : Dr. Ghouse, in a prescriptive study (Secularism,
Society and Law in India) observes : "Our political parties, including the national parties, do not
allow secularism to take precedence over their political interests." Some of the political parties
have vested interest in communalism and communal violence to gain power, other tolerate it to
retain power. Some ride on the crest of communalism, others fear to swim against it. The
electorate, stamped in tradition, is responsive to appeals based on caste, religion and language.
For example, The Ram Temple 'Shilanayas' and the linked Babri Masjid issue played a crucial
role in determining the Ninth and Tenth Lok Sabha polls outcome. The unprecedented and
massive victories of the BJP was attributed to its support to 'Ram Shila Pujan Abhiyan'. The main
reason for the collapse of the National Front Government in October 1990 was the 'Ram Janam
Bhoomi-Babri Masjid' issue. The BJP's use of religion for political goal had almost rocked the
V.P. Singh Government.
5. Growth of Communalism and Communal Riots : Communalism has continued to grow even
after independence. Communalism has been exploited by all political parties and politicians in the
reckless pursuit of power. As a result our countrymen think themselves as Hindus, Sikhs,
Muslims and Christians first and Indians afterwards.
During the 10 years, from 1954 to 1963, when the position of the Congress Party was almost
unassailable there were an average of 62 communal riots annually and the number of those killed
around 40 a year. This was the period when vote-catching at any cost was not the policy of the
ruling party. Jawaharlal Nehru was not willing to get votes by pandering to communal forces.
The 7 year period from 1964 to 1970 was quite bad. The country had an average of 425
communal riots and an average of 467 killed each year. The following 8 years, 1971 to 1978 were
quieter. The average number of riots came down to 234 (1970-1978) and the average number of
persons killed to 68.
6. Content of Text-Books : Our educational institutions do not radiate
T*--j- .-£■ ±u~ n^.,^r,^u^A tovt KnnVc o-l nri fv the pnod features of one114
INDIAN GOVERNMENT AND POLITICS
and not all the communities. There are also prescribed text books which deal with imaginary
ancient wrongs suffered by one community at the hands of another, silently calling for revenge.
No educational institution has made a determined effort to inculcate in the youth secular ideals.
There are various overt and covert ways through which our secularism is being diluted.
Performance of religious rites in official functions, misuse of media, including official media for
propagation of anti-secular material are undermining the very foundation of a secular polity. Of
late, there has been politicisation of religion on a large scale. Even our educational institutions are
not free from the cancer of communalism.
The secular social fabric of Indian society is currently under very great strain. All minority
groups under garb of defence mechanism, are resorting to various types of revivalism and
fundamentalism and the very edifice of our glorious composite culture built by various
communities of Indian citizens over a period of centuries is being torn as under.
The Muslims and Sikhs believed that separation of politics from religion was to be practised by
the Hindus only. In the case of the former, they argued, religion could not be separated from any
aspect of life. Never was it explained that what was needed was the separation not of religion but
of religio-com-munalism from politics, and that this was demanded of all.
Conclusions
Secularism has to play a decisive role at present stage of Indian democracy. It is so because today
when the Indian democracy seems to face the challenge of narrow divisive trends and tendencies,
a rational and scientific approach which is the basis of secularism has become a matter of utmost-
importance. Communal disturbances which have disfigured the public life in the recent past, as
well as the birth and growth of narrow and divisive trends and of obscurantist theories are mainly
the result of ignorance; and ignorance can be fought not by legislation alone, nor by a negative
fiat alone, but by education, and in the process of educating the traditional Indian mind,
secularism and all that it stands for have to play a major role.
REFERENCES
1. Chester Bowles, Ambassador's Report (New York, 1954), p. 104.
2. Quoted in Donald E. Smith, Nehru and Democracy (Calcutta, 1958), p. 147.
3. Speech in the Lok Sabha, Sept. 17, 1953.
4. Jawahar Lai Nehru, The Discovery of India (New York, 1946), p. 365.
5. M.K. Gandhi, An Autobiography (Ahmedabad, 1948), p. 615.
6. Smith, n.2, p. 155.
7. The Hindu, Nov. 16, 1953, p. 1.
8. The Hindu, Sept. 13, 1950, p. 9.
9. (1994) 6 SCC 360; See also, S. R. Bombai us. Union of India (1994), 3 SCC 1 (Jeevan Reddy J., at p. 232, J. S. Verma J. at p.
397).
10. D.D. Basu, Introduction to The Constitution of India, (1989), pp. 115-16.
11. Smith, n.2, p. 110.
12. Asghar Ali Engineer, "Secularism and Pseudo-Secularism." Indian Express, April 30, 1991.
13. Nanaji Deshmukh, "Secularism—A Fresh Outlook", Indian Express, November 26, 1990.
14. Ibid. Chapter 9
THE FUNDAMENTAL RIGHTS
CHARTER OF POLITICAL & CIVIL LIBERTIES
The Indian Constitution, as Granville Austin states, is "first and foremost a social document." 1
The core of its commitment to a fundamental change in the social order lies in the sections of
Fundamental Rights and the Directive Principles of State Policy, "the conscience of the
Constitution."
The Fundamental Rights reflect both India's assimilation of Western liberal tradition and its
desire for the political freedom it was denied under colonial rule. The Fundamental Rights,
embodied in Part III of the Constitution, guarantee to each citizen basic substantive and
procedural protections against the state.
Enunciation of the Fundamental Rights is not a distinctive feature of the Indian Constitution, as
these are found in many written constitutions of most of the European States formed after World
War I. The French Declaration of Rights, the Bill of Rights of the U.S. Constitution and the
Universal Human Rights Charter, together with the lists of similar rights given in other constitu-
tions provided the necessary guidance to the framers of our constitution in selecting a set of rights
which could best suit the social and political conditions prevalent in India.
THE INDIAN DEMAND FOR FUNDAMENTAL RIGHTS
The Indian desire for civil rights had its roots deep in the 19th century. It was implicit in the
formation of the Indian National Congress in 1885; Indians wanted the same rights and privileges
that their British masters enjoyed in India, and that Britons had among themselves in England;
they wanted an end to the discrimination inherent in a colonial regime. Perhaps the first explicit
demand for fundamental rights appeared in the Swaraj Bill of 1895 which was inspired by
Lokamanya Tilak, visualised a constitution guaranteeing to every citizen rights so basic as
"freedom of expression, inviolability of one's house, right to property and equality before the
Law." Article 16 of this Bill laid down a variety of rights including those of free speech,
imprisonment only by competent authority and of free state education. A series of Congress
resolutions adopted between 1917 and 1919 repeated the demand for civil rights and equality of
status with Englishmen. The next major development was Mrs. Annie Besant's Commonwealth of
India Bill enumerated fundamental rights116
INDIAN GOVERNMENT AND POLITICS
The Congress Party passed a resolution in 1927 in Madras which declared that "the basis of the
future Constitution of India must be a declaration of fundamental rights."
In 1928, the Motilal Nehru Committee observed that "the conditions obtaining in the Irish Free
State approximated broadly to those prevailing in India; and the first concern of the people of
Ireland, as of the people of India,
is to secure fundamental rights hitherto denied to them......It is obvious that
our first care should be to have our fundamental rights guaranteed in a manner which will not
permit their withdrawal under any circumstance." The Congress session held at Karachi in March
1931 adopted the Resolution on Fundamental Rights and Economic and Social change, which
was both a declaration of rights and a humanitarian socialist manifesto. The next major document
on rights of the pre-Assembly era was the Sapru Report published at the end of 1945. In 1944-45,
a Non-Party Committee of intellectuals of which Sir Tej Bahadur Sapru was the chairman,
reiterated the demand for fundamental rights. The Sapru Committee (1945) supported the demand
of the Congress and recommended in its report the inclusion of these rights in the Constitution.
The Sapru Committee rested its demand for fundamental rights on the ground that in the "peculiar
circumstances of India fundamental rights are necessary, not only as assurances and guarantees to
the minorities but also for prescribing a standard of conduct for the legislatures, the Governments
and the Courts." Perhaps the most striking thing about the treatment of rights in the Sapru Report
was the distinction made between justiciable and non-justiciable rights.
MEANING OF FUNDAMENTAL RIGHTS
Rights are those conditions of social life without which no man can seek to be himself at his best.
In what sense 'Rights' are 'Fundamental Rights'? These rights are fundamental in the sense that
they have been incorporated in the fundamental law (Constitution) of the land. They are
fundamental in the sense that they are justiciable rights enforceable by the courts and are
available to all citizens. They are fundamental in that they are binding on public authorities in
India, on the Central Government as well as state governments and on local bodies. Some of the
rights, such as the abolition of untouchability (Article 17) are enforceable against private
individuals as well.
SALIENT FEATURES OF THE FUNDAMENTAL RIGHTS
The Fundamental Rights guaranteed in the Constitution of the Indian Republic are characterised
by certain features which may be brought out as follows :
1. Integral part of the Constitution : Fundamental Rights are an integral part of the Constitution
and hence cannot be altered or taken away by ordinary legislation. These rights are Fundamental
in the sense that any law passed by any legislature in the country would be declared null and void
if it is derogatory to the rights guaranteed by the Constitution.
2. Most comprehensive and detailed : The chapter on Fundamental Rights in the Constitution is
the most comprehensive and detailed one. It not only enumerates the Fundamental Rights
guaranteed to the Indian citizens is a comprehensive and detailed treatment of each right and no
article included in this chapter is without any elaborate set of limitations and reservations.
3. Negative and, positive rights : Fundamental Rights as embodied in our Constitution can be
divided into two broad categories; namely those whichTHE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES
117
impose certain restrictions of negative character on the state without conferring special privileges
on the citizens. There are positive rights which confer privileges on the people, e.g., Article 18
desires the state not to confer any special titles on the citizens. Similarly Article 17 abolishes
untouchability. These can easily be categorised in the former category. Right to liberty, equality
or freedom to express or worship come under the second category.
4. All rights are justiciable : Another feature of these rights is that these are justiciable. This
means that if any of these rights is violated, the individual affected is entitled to move the
Supreme Court or High Court for the protection and enforcement of his rights. The Supreme
Court may declare a law passed by parliament or a state legislature in India or the orders issued
by any executive authority as null and void if these are found to be inconsistent with the rights
granted by the Constitution. The Judiciary is thus the jealous guardian of the Fundamental Rights
guaranteed by the Constitution.
5. Restrictive nature of rights : The Indian Constitution does not formulate fundamental rights in
absolute terms. Every right is permitted under certain limitations and reasonable restrictions can
be imposed at any time in the larger interests of the community. In some cases, restrictions can be
imposed by the Constitution itself. Article 19, for example, guarantees to all citizens freedom of
speech and expression. But while exercising this right, they are not to utter anything which may
affect the security of the state, public order or friendly relations with foreign states. Similarly,
Article 16 provides for equality of opportunity for all citizens but the state has been empowered
to make reservations in appointments in favour of scheduled castes and scheduled tribes.
6. Suspension of rights : During the operation of an Emergency, the President may suspend to all
or any of the fundamental rights and may also suspend the right of the people to move the High
Courts and Supreme Court for the enforcement of the fundamental rights.
:
7. Citizens alone enjoy fundamental rights : Another important feature of our fundamental rights
is that some of them are only guaranteed to the citizens of India while the rights relating to
protection of life, freedom of religion, right against exploitation are guaranteed to every person
whether citizen or alien. This means that our Constitution draws a distinction between citizens
and aliens in the matter of enjoyment of fundamental rights.
8. No natural or unenumerated rights : The chapter on fundamental rights is not based on the
theory of natural rights. 'Natural' rights are said to belong to man by 'nature': It is claimed that
man possessed these rights before state itself came into existence. 'Natural'rights accordingly, do
not owe their validity to their enumeration in a constitution. In this respect, a significant
difference may be noticed between the American Constitution and the Constitution of India. The
Ninth Amendment to the American Constitution provides that "enumeration of certain rights in
the Constitution shall not be construed to deny or disparage others retained by the people." The
Indian Constitution has left no scope for such unenumerated rights. The Indian courts cannot
enquire into any fundamental rights that is not enumerated in the Constitution.
9. Fundamental Rights are amendable : The fundamental rights can be amended but they cannot
be abrogated because that will violate the basic structure of the Constitution.
The most striking feature of the provisions of Part III of our constitution,
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ir\ c+vilro aINDIAN GOVERNMENT AND POLITICS
written guarantee of individual rights and the collective interests of the community."
CLASSIFICATION OF FUNDAMENTAL RIGHTS
The provisions of Part III of our Constitution which enumerate the fundamental rights are more
elaborate than those of any other existing written constitution relating to fundamental rights, and
cover a wide range of topics.
The Constitution itself classifies the fundamental rights under seven groups as follows :
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and educational rights
6. Right to property
7. Right to constitutional remedies.
Of these the Right to Property has been eliminated by the 44th Constitutional Amendment Act
(1978) so that only six rights now remain as fundamental rights.
1. RIGHT TO EQUALITY
Articles 14 to 18 of the Constitution deal with the right to equality. Equality is one of the basic
postulates of democracy and is, therefore, rightly made the bedrock of Indian polity by the
Constitution.
Equality before law
Article 14 of the Constitution provides that "the state shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.
'Equality before the law' is an expression of English Common Law while 'equal protection of
laws' owes its origin to the American Constitution. Both the expressions seems to be identical,
but, in fact, they mean different things. While equality before the law is a somewhat negative
concept implying the absence of any special privilege in favour of any individual and the equal
subjection of all classes to the ordinary, equal protection of the laws is a more positive concept,
implying equality of treatment in equal circumstances.
Equality before the law is the second corollary from Dicey's concept of the Rule of Law. It means
that no man is above the law, of the land and that every person, whatever be his rank or status, is
subject to the ordinary law. But even in England, certain exceptions are recognised to the above
rule of equality in the public interests. The exceptions allowed by the Indian Constitution are : (i)
The President or Governor of a state shall not be answerable to any court for the exercise and
performance of the powers and duties of his office or for any act done or purporting to be done by
him in the exercise and performance of those powers and duties, (ii) No criminal proceeding
whatsoever shall be instituted or continued against the President or a Governor in any court
during his term of office.
Equal protection of the laws, on the other hand, would mean "that among equals, the law should
be equal and equally administered, that like should be
treated alike ....." In other words, it means the right to equal treatment in
similar circumstances both in the privilege conferred and in the liabilities THE FUNDAMENTAL
RIGHTS .... CIVIL LIBERTIES
119
imposed by the laws. Thus, it does not mean that every person shall be taxed equally, but that
persons under the same character should be taxed by the same standard.
If there is any reasonable basis for classification, the legislature would be entitled to make a
different treatment. Thus, it may exempt certain classes of property from taxation at all; impose
different specific taxes upon different trades and professions. In order to be 'reasonable', a
classification must not be arbitrary, but must be rational. The guarantee of equal protection
includes absence of any arbitrary discrimination by the laws themselves or in the matter of their
administration.
Prohibition of discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth :
According to the Article 15, "The state shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them. Further, on the basis of any of these
grounds a citizen cannot be denied access to shops, public restaurants or the use of wells, tanks,
bathing ghats, roads and places of public resort maintained wholly or partly out of state funds or
dedicated to the use of the general public."
Article 15(i) prohibits discrimination based on the place of birth, it cannot be read as prohibiting
discrimination based on residence. Residence as a qualification for certain purposes such as
employment may not be classed with discrimination based on caste and place of birth. The
significance of the Article is that it is a guarantee against every form of discrimination by the
state on the basis of religion, race, caste or sex. It also strikes at the root of provincialism of
prohibiting discrimination based upon one's place of birth. It also goes well with the ideal of a
single citizenship which the Constitution establishes for the entire country.
Article 15 has, however, two notable exceptions in its application. The first of these permits the
state to make special provision for the benefit of women and children. The second allows the state
to make any special provision for the advancement of any socially and educationally backward
classes of citizens or for the scheduled castes and the scheduled tribes.
These exceptional classes of people require special protection and hence any legislation which is
necessary for the making of special provisions for persons of these classes, would not be held to
be unconstitutional.
Equality of Opportunity in Matters of Public Employment
Article 16 guarantees equality of opportunity in matters of public employment. The state is
prohibited from showing any discrimination against any citizen on grounds of religion, caste,
race, sex, descent, place of birth or residence.
The only exceptions to the above rule of equality are : (a) Residence within the State may be laid
down by Parliament as a condition for particular classes of employment or appointment under
any state or other local authority: (b) The state may reserve any post of appointment in favour of
any backward class of citizens who, in the opinion of the state, are not adequately represented in
the services under the state; (c) The claim of the members of the scheduled castes and scheduled
tribes shall be taken into consideration in the matter of appointment to services and posts under
the union and the states, as far as may be consistent with the maintenance of efficiency of the
administration. (Article

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INDIAN GOVERNMENT AND POLITICS
Abolition of Untouchability : Article 17 abolishes 'untouchability' and its practice in any form is
made an offence punishable under the law. Parliament is authorised to make a law prescribing the
punishment for this offence (Article 35), and, in exercise of this power, Parliament has enacted
the Untouchability (Offences) Act, 1955, which has been amended and renamed (in 1976) as the
Protection of Civil Rights Act, 1955.
Abolition of Titles : In India, the practice of British Government conferring a number of titles
every year mostly on their political supporters and government officers, had already created a
peculiar class of nobility among the people. It was difficult for Independent India to recognise
and accept these titles apart from considerations of the merit of those who held them. Article 18,
therefore, abolishes all titles and the state is prohibited from conferring titles on any person. The
only exception made to the strict rule of non-recognition of titles is that provided in favour of
academic or military distinctions.
In 1954, the Government of India introduced decorations of four categories, namely, Bharata
Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri. These awards were mere
decorations and not intended to be used as appendage to the names of the persons to whom they
are awarded, there was a vehement criticism from some quarters that the introduction of these
awards violated Article 18. The protest raised by Acharya Kripalani against the award of such
decorations, which went unheeded to during the regime of Mrs. Gandhi, was Iionoured by the
Janata regime by putting a stop to the practice of awarding Bharat Ratna, etc., by the
Government. But it was restored by Mrs. Gandhi after her comeback.
2. RIGHT TO FREEDOM
The Six Freedoms : According to M.V. Pylee, "Personal liberty is the most fundamental of
fundamental rights. Articles 19 to 22 deal with the different aspects of this basic right. Taken
together, these four articles form a Chartar of personal liberties, which provides the backbone of
the chapter on Fundamental Rights."2 In fact, certain positive rights are conferred by the
Constitution in order to promote the ideal of liberty held out by the Preamble. The foremost
amongst these are the six fundamental rights in the nature of 'freedom' which are guaranteed to
the citizens by the Constitution of India (Article 19). These are popularly known as the 'Seven
freedoms' under our Constitution. In the original Constitution, there were seven freedoms in
Article 19(1) but that one of them, namely, 'the right to acquire, hold and dispose of property' has
been omitted by the Constitution (44th Amendment) Act, 1978, leaving only six freedoms in that
article. They are :
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of Association
4. Freedom of Movement
5. Freedom of Residence and Settlement
6. Freedom of Profession, Occupation, Trade or Business.
Limitations upon the Freedoms
These rights or freedoms are not absolute. The guarantee of each of the above rights is limited by
our Constitution itself by conferring upon the 'State' a power to impose by its laws reasonable
restrictions as may be necessary in the larger interests of the community.

i
121
THE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES

The Constitution guarantees freedom of speech and expression. But this freedom is subject to
reasonable restrictions imposed by the State relating to (a) defamation; (b) contempt of court; (c)
decency or morality; (d) security of the state; (e) friendly relations with foreign states; (f)
incitement to an offence; (g) public order; (h) maintenance of sovereignty and integrity of India.
Similarly, the freedom of assembly is subject to the qualification that the assembly must be
peaceable and without arms and subject to such reasonable restrictions as may be imposed by the
'State' in the interests of public order.
Again, all citizens have the right to form associations or unions; but subject to reasonable
restrictions imposed by the state in the interests of public order or morality or the sovereignty or
integrity of India.
Similarly, though every citizen shall have the right to move freely throughout the territory of
India or to reside and settle on any part of the country. This right shall be subject to restrictions
imposed by the state in the interests of the general public or for the protection of any scheduled
tribes.
Again, every citizen has the right to practise any profession or to carry on any occupation, trade
or business, but subject to reasonable restrictions imposed by the State in the interests of the
general public and subject to any law laying down qualifications for carrying on any profession or
technical occupation or enabling the state itself to carry on any trade or business to the exclusion
of the citizens.
Freedom of the Press
There is no specific provision in our Constitution guaranteeing the freedom of the press because
freedom of the press is included in the wider freedom of 'expression' which is guaranteed by
Article 19(l)(a). Freedom of expression means the freedom to express not only one's own views
but also the views of others and, any means, including printing.3
Proclamation of Emergency : It should be noted that when a Proclamation of Emergency is made
under Article 352, Article 19 itself remains suspended.
Protection in respect of conviction for offences
Article 20 affords protection against arbitrary and excessive punishment to any person who
commits an offence. There are four such guaranteed protections; (a) A person can be convicted of
an offence only if he has violated a law in force at the time when he is alleged to have committed
the offence; (b) No person can be subjected to a greater penalty than what might have been given
to him under the law that was prevalent when he committed the offence; (c) No person can be
prosecuted and punished for the same offence more than once; (d) No person accused of an
offence can be compelled to be a witness against himself.
Protection of Life and Personal Liberty
Article 21 of our Constitution provides that "No person shall be deprived of his life or personal
liberty except according to the procedure established by law."
The Supreme Court on July 30, 1992, declared that Indians have a fundamental right to education
'at all levels'. This new right has been held to be part of the fundamental right to life under article
21 of the Constitution. Justices Kuldeep Singh and R. M. Sahai have given this new gift to
citizens in Miss Mohini Jain us. State of Karnataka, by stating that the right to life and
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INDIAN GOVERNMENT AND POLITICS
right to education.' With a single judgment, the judges have converted the non-enforceable right
to education in the directive principles of the Constitution into an enforceable fundamental right. 4
By the 86th Constitutional Amendment Act, 2002, the following article has been inserted after
Article 21 of the Constitution :
"21 A. The state shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the state may, by law, determine."
The 44th Amendment had declared the right to life and liberty inviolate. Emergency or no
emergency, the fundamental right to life and liberty must continue in all circumstances, Article
21 was thus made an exception to the general rule laid down in Article 359—that the President
has the power to suspend the enforcement of any or all of the fundamental rights during an
emergency.
The Supreme Court of India has, in the case of Nilabati Behera and in D. K. Basu ruled that a
person whose fundamental right under Article 21 has been violated has a right to monetary
compensation as a remedy in public law. It is proposed that an enforceable right to compensation
for violation of Article 21 be specifically incorporated in Part III of the constitution as for
example in the following terms :*
"Every person who has been illegally deprived of his right to life or liberty shall have an
enforceable right to compensation."
Protection against Arrest and Detention
Article 22 guarantees three rights : First, it guarantees the right to every person who is arrested to
be informed the cause of his arrest; Secondly, his right to consult and to be defended by a lawyer
of his choice; Thirdly, every person arrested and detained in custody shall be produced before the
nearest Magistrate within a period of twenty-four hours and shall be kept in continued custody
only with his authority.
There are, however, two exceptions to the universal application of the rights guaranteed under the
first two clauses of Article 22. These relate to :
(1) any person who is for the time being an enemy alien; or
(2) any person who is arrested or detained under any law providing for preventive detention.
Preventive Detention
Preventive detention means detention of a person without trial. The object of Preventive detention
is to prevent a person from doing something and the detention in this case takes place on the
apprehension that he is going to do something wrong which comes within any of the grounds
specified by the Constitution. In fact, preventive detention is resorted to in such circumstances
that the evidence in possession of the authority is not sufficient to make a charge or to secure the
conviction of the detenue by legal proofs but may still be sufficient to justify his detention on the
suspicion that he would commit a wrongful act unless he is detained.
The Constitution itself authorises the Legislature to make laws providing for 'Preventive
detention' for reasons connected with the security of a state, the maintenance of public order or
the maintenance of supplies and services essential to the community or for reasons connected
with Defence, Foreign Affairs or the security of India. The Constitution, however, imposes
certain
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Fundamental Rights.THE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES
123
safeguards against abuse of the above power. It is these safeguards which constitute fundamental
rights against arbitrary detention. The relevant provisions of Article 22 read as follows : When a
person has been arrested under a law of preventive detention :
(i) The Government is entitled to detain such person in custody only for 3 months. If it seeks to
detain the arrested person for more than 3 months, it must obtain a report from an Advisory
Board who will examine the papers submitted by the Government and by the accused—as to
whether the detention is justified.
(ii) The person so detained shall, as soon as may be, informed of the grounds of his detention
excepting facts which the detaining authority considers to be against the public interest to
disclose. (iii) The person detained must have the earliest opportunity of making a
representation against the order of detention.
Parliament has the power to prescribe, by law, the maximum period for which a person may be
detained under a law of preventive detention.
The Preventive Detention Act, 1950 was passed by the Parliament which constituted the law of
Preventive detention in India. The Act of 1950 came to an end in the year 1969. The revival of
anarchist forces obliged Parliament to enact a new Act, named the Maintenance of Internal
Security Act (MISA) in 1971, having provisions broadly similar to those of Preventive Detention
Act of 1950. In 1974, Parliament passed the Conservation of Foreign Exchange and Prevention of
Smuggling Activities Act, 1974 (COFEPOSA), as an economic adjunct of the MISA. MISA was
repealed in 1978 but COFEPOSA still remains. Further, in 1980 National Security Act (NSA)
was enacted. According to the NSAthe maximum period for which a person may be detained
shall be 6 months from the date of detention.
With the increase in their terrorist activities the government had to pass in 1985 the Terrorist and
Disruptive Activities (Prevention) Act, 1985 (Commonly called TADA). The Act vested
sweeping powers in the State Governments and there were widespread complaints of misuse of
the provisions of the Act.
In Kartar Singh, vs. State of Punjab, the Supreme Court has considerably narrowed down the
scope and ambit of the TADA and held that unless the crime alleged against an accused could be
classified as 'terrorist act' in letter and spirit he should not be charged under the Act and should be
tried under ordinary penal laws by the regular courts.
In October 1993, according to the Union Home Ministry, the total number of detentions under
TADA was 52,268; the conviction rate of those tried by designated courts was 0.81% ever since
the law came into force. Punjab, with 14,557 detainees, showed a conviction rate of 0.37%. The
review committees of TADA stated that other than in 5,000 cases the application of TADAwas
wrong and asked for the withdrawal of the cases. In more than 50,000 cases TADA was wrongly
applied. Such infirmities generated widespread opposition to TADA, and under public pressure,
the Parliament allowed the act to lapse in May 1995.
The Union Cabinet approved an Ordinance on October 16, 2001 to combat terrorism in place of
Terrorism and Anti-Disruptive Activities Act (TADA). On October 24th the President has given
his assent to the Prevention of Terrorism Ordinance (POTO). On December 29, 2001 the Cabinet
decides to repromulgate an amended POTO after reducing the life of the proposed law from five
to three
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INDIAN GOVERNMENT AND POLITICS
The Lok Sabha passed the POTA on March 18, 2002. However, the Bill was rejected by the
Rajya Sabha. Subsequently, the POTO became POTA on March 26, 2002 when it was passed in
the joint session of Parliament.
Crime Data : Some idea of the enormity of the challenge facing the Government may be had from
the official statistics reeled out by the Law Minister Arun Jaitley in the Lok Sabha debate on
POTA bill. On March 18 he told the House there had been a 26-times increase in the budgetary
expenditure on fighting terrorism and insurgency. The economic cost of the Army and para-
military forces stood at Rs. 16,000 crores. In the four wars fought so far, total casualties were
5,468 while the civilian casualty in 15 years of terrorist and insurgent violence stood at a
whopping 16,013. The number of security personnel killed was 8,706. As much as 48,000 tonnes
of explosives had been recovered during the period by security forces. Government had been
facing a 'low intensity war arising from terrorist activity.'
Terrorist had now become "technology savvy and were using satellite phones and E-mail.
Therefore, the law should empower police to intercept them and make them admissible in courts.
Stressing the necessity of such a legislation, it was pointed out that even Congress-ruled States
like Maharashtra and Karnataka had adopted similar anti-terrorist laws.
The POTO bill, intended to substitute the Ordinance of the same title, was piloted by Advani in
the Lok Sabha. The official bill was defeated in the Rajya Sabha since the NDA lacked a majority
in the Upper Chamber and a few of its partners were opposed to it. As such, the Government
called a joint session of both Houses, a strategy tried only twice since 1957, to gain the requisite
majority.
Salient Features of POTA
Since its provisions have been severely criticsed, it may be worthwhile having a close look at the
salient features of POTA. Section 3 of the Act giving a definition of a 'terrorist act' has been
branded as 'vague' and nebulous" by Opposition parties as it can be misused. Section 14 vests
powers in the investigating officer to compel any person or institution to furnish information in
their possession about a terrorist or terrorist activity. Initially, Section 3(8) included journalists
too though their specific mention was deleted in response to severe criticism. All the same under
Section 14, the Act arms police with unchecked and wider powers which can be misused to settle
scores. It was feared the wider powers may bring in scribes too under the dragnet.
Section 18 empowers the executive to ban organisations. No guidelines have been prescribed to
pinpoint such organisations. Aban cannot be challenged in a court of law. Hence, the banned
body can be at the mercy of the executive. Already, SIMI (Students Islamic Movement of India)
stood banned. Government's opponents pointed out that it could be used against the political
rivals of the party or parties in power.
Under Section 32, a statement recorded by a police officer for graver offences under POTA shall
be admissible while under the Evidence Act it remains inadmissible unless made before a
magistrate. It poses danger to an innocent suspect.
Section 37 gives power to the executive to intercept any wire, electronic or oral communication
under the belief that such interception may provide evidence of an offence involving a terrorist.
Such interception shall be admissible in evidence during trial.
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Section 48 sets forth stringent bail provisions. An accused can apply for bail only after one year
of detention. Before granting bail, the magistrate has to satisfy himself regarding the innocence of
the accused. It devolves on an applicant the impossible task of establishing in bail plea that he is
not guilty. POTA allows presumption of guilt. It enables prosecution to maintain secrecy about
the witnesses it would produce. It gives the courts the discretionary powers to hold in camera
trial.
According to critics these are a few of the provisions that virtually reverse several fundamental
principles of jurisprudence cited in the Constitution, Criminal Procedure Code and International
human rights instruments. Legal experts other than officials have time and again said that if
POTA is enforced unchecked an ordinary police officer would make a victim out of an innocent
person. The Act can be used vindictively against the minority community individuals or
organisations, the socially weaker sections, politically marginalised persons or others that are
considered a threat to those in power. Already 25 organisations had been banned before the bill
was enacted. It is a measure of its unacceptability that twenty States had declined to use POTA.
In an editorial captioned 'From POTO to POTA', The Hindu, said "it is imperative that POTA is
not allowed to be misused and exploited in the manner that TADA, its unmourned successor
was."
POTA to be Repealed
As per assurance in the Common Minimum Programme of the UPA, the Cabinet gave its nod on
September 17,2004 for repeal of the controversial POTA before it lapses on October 23, 2004,
three years after the legislation was first brought into force through an ordinance.
Initially brought as an ordinance, the POTA Bill was passed by a joint session of Parliament on
March 26, 2002. The Act was not applied in 15 States and six Union Territories. However, in the
rest of the States, a total of 301 cases have been registered involving over 1,600 persons. Of them,
over 500 are in jail and 885 are absconding.
The important persons held under POTA were the MDMK general secretary Vaiko and eight of
his party men; journalist 'Nakkeeran'R. Gopal; P. Nedumaran; Raghuraj Pratap Singh, at present
Minister in the Uttar Pradesh Government; some children and women in Jharkhand and many
Muslims after the Gujarat riots.
Pota Repacked
On the face of it, the United Progressive Alliance Government has fulfilled its promise of
repealing the Prevention of Terrorism Act (POTA). But what it has really done, in a sort of legal
sleight of hand, is to smuggle in most of the provisions of the anti-terrorism law through the ruse
of an omnibus amendment of the Unlawful Activities (Prevention) Act, 1967. The Ordinance
amending the Act contains 53 sections; most of them are reproductions of POTA sections. Some
of POTA's most controversial provisions, those that raised serious anxiety from a jurisprudential
and human rights standpoint, are conspicuously absent in the amending ordinance. So in effect
the new law is a less draconian version of POTA. It is worth recalling that the Common
Minimum Programme (CMP) of the UPA Government proclaimed that POTA was "grossly
misused" and promised to "repeal it, while [ensuring that] existing laws are enforced strictly."
Rather than give the mischievous anti-terrorism law the unlamented burial it deserved, the Centre
has repackaged most of its provisions under the guise of126
INDIAN GOVERNMENT AND POLITICS
sounds like a lame excuse for going back on a key democratic promise, namely that POTA, in its entirety,
would be laid to rest.
The Unlawful Activities (Prevention) Amendment Ordinance, 2004 is a mixed bag. It has omitted some of
POTA's contentious provisions, retained some others and oddly enough, dispensed with certain safeguards
in the old law. The basis for claiming that it is not POTA rests principally on the omission of the provision
in the repealed law that dealt with confessions and bail (Sections 32 and 49). Section 32 made confessions
to a senior police officer, under certain conditions, admissible in evidence. This outrageous provision,
which does not exist in ordinary criminal law, belongs to a police state. It undermines the very notion of a
free trail. It encourages the practice of extracting confessions from persons in police custody, which as
often as not under South Asian conditions means third degree methods. Under Section 49(7) of POTA,
those accused could seek bail only after a year from the date of detention. Although this stringent condition
was relaxed last year as a result of the Supreme Court holding that bail could be sought even before the
expiry of the one year period, the amending ordinance brings the entire issue of bail for terrorist offences
within the ambit of ordinary criminal law. Likewise, the new law does not contain the unduly restrictive
provision under which an accused could be kept in detention for up to six months without filing charges.
While such changes are commendable, the amending ordinance does nothing to alter the overly broad
definition of what constitutes terrorism, a notorious factor that contributed to the use of POTA against
political rivals, grandfathers, children and highly vulnerable tribal folk who would not be cast in the role of
terrorists even in a Bollywood pot-boiler. Ironically, a stricter definition of what constituted a terrorist act
was contained in POTA's notorious predecessor, the Terrorism and Disruptive Activities (Prevention) Act,
1987. Section 3(1) of TADA made "intent to overawe the Government" an essential ingredient of a terrorist
offence. Disturbingly, the amending ordinance retains the POTA provision that made intercepted
communication ("wire, electronic or oral") admissible in evidence but omits the detailed procedures, in the
nature of safeguards against privacy invasion, that were stipulated for tapping telephones or intercepting e-
mails. It was the political realisation that the only use of POTA could be its misuse that led the major
constituents of the UPA to make its repeal a major poll plank and, later, a commitment in the CMP. By
incorporating so many of POTA's awful provisions into another law, the Congress-led Government has
ensured that anxieties over the direction the 'war against terrorism' has taken in the legal realm will remain.
3. RIGHT AGAINST EXPLOITATION
Articles 23 and 24 deal with right against exploitation. This right seeks to ban traffic in human beings,
begar or any other form of forced labour. Employment of children below 14 years of age in any factory or
mine or other risky occupation is also prohibited by law.
Exploitation means misuse of services of others with the help of force. In India, prior to the promulgation
of the Constitution, services of backward communities and weaker sections of the society were used
without any payment. This was known as the practise of begar. As for instance in villages, landless
peasants were supposed to work for most part of the year on the jagirs without any compensation in cash or
kind. The Constitution has, therefore, abolished this hated practice. Similarly in India, women from
backward areas and sold elsewhere. Under the above right, trafficking in ._„„ ^irtv nreviously children were
employed
in factories the young f TheCc to begar. A physical ex enactment,
India and impar by the Cor
Articl conscience are only 1 morality t tees the fi denomina
(a) t
I
(b) t
(c) t
(d) 1 Artii
funds ap religion f educatioi tion is gi be impai state, nc religious of a min state edi they reo
Thi
its own educatii race, CE whethe admini: grantin institui whetht Constii

THE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES

127
in factories since they could accept lesser wages and would work harder than the young folk. The
Constitution has put an end to this practice as well.
The Constitution also prohibits forced labour of any form which is similar to begar. A bold step
towards the abolition of forced labour and of economic and physical exploitation of the weaker
sections of the people has been taken by the enactment, by Parliament, of the Bonded Labour
System (Abolition) Act, 1976.
4. RIGHT TO FREEDOM OF RELIGION*
India is a secular state, a state which observes an attitude of neutrality and impartiality towards all
religions. The attitude of impartiality is secured by the Constitution by several provisions
(Articles 25-28).
Article 25 enacts that all persons are equally entitled to freedom of conscience and the right freely
to profess, practice and propagate religion. There are only three restrictions to the freedom of
religion, namely public order, morality and health. Article 26 is, in fact, a corollary to Article 25
and guarantees the freedom to manage religious affairs. According to this, every religious
denomination is given the right:
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
Article 27 provides an additional protection to religious activity by exempting funds appropriated
towards the promotion or maintenance of any particular religion from the payment of taxes.
Article 28 prohibits religious instruction in any educational institution wholly maintained out of
state funds whether such instruction is given by the state or by any other body. Even though
religious instruction be imparted in educational institutions recognised by or receiving aid from
the state, no person attending such institution shall be compelled to receive that religious
instruction without the consent of himself or of his guardian (in the case of a minor). Thus, while
the secular character of the state is demonstrated by all state educational institutions, private or
denominational institutions, even when they receive state aid, are given freedom to maintain their
religious character.
5. CULTURAL AND EDUCATIONAL RIGHTS
The Constitution provides that a minority shall have the right to conserve its own language,
script, literature and culture. Admission to any state aided educational institution shall not be
refused to anybody on grounds of religion, race, caste or language (Article 29). Article 30
provides that all "minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice." The state shall not in granting
aid to educational institutions, discriminate against any educational institution on the ground that
it is under the management of a minority, whether based on religion or language. With the
guarantee of these rights, the Constitution opens a new era of rights for the minorities.
6. RIGHT TO CONSTITUTIONAL REMEDIES
Finally, the right to constitutional remedies. These are covered by Article 32, which guarantees
the individual right to move the Supreme Court by appropriate proceedings for the enforcement
of his fundamental rights. The Supreme Court is empowered to issue directions or orders or writs
including
* Rioht tn Freedom of Religion has been discussed hi detail in the chapter on "Secularism : The
128
INDIAN GOVERNMENT AND POLITICS
writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari,
whichever it considers appropriate. Further, without prejudice to the powers of the Supreme
Court, the Parliament may by law, empower any other court to exercise within the local limits of
its jurisdiction all or any of the powers exercisable by the Supreme Court and finally, the right to
constitutional remedies may be suspended as provided by the Constitution under Articles 353 and
359.
The right to constitutional remedies is of paramount importance. Without such a remedy, these
rights might well have been, what Dr. Ambedkar called, "glittering generalities," 5 without any
binding effect on the state. The importance of this article as such, was quite realised in the
Constituent Assembly, and the majority of the members agreed that, "It is the very soul of the
Constitution and the very heart of it."6 It may be argued that since this right can be suspended
under Article 359, it has been robbed of its inherent and fundamental values and it takes away
with one hand, what is given by the other.
What is the nature of these writs and constitutional guarantees and what is their scope?
A writ of habeas corpus is in the nature of an order calling upon the person who has detained
another to produce the latter before the court to let the court know on what ground he has been
confined and to set him free if there is no legal justification for the imprisonment. The words
'habeas carpus' literally mean 'to have a body'. The writ is a direction of the court to a person
who is detaining another, commanding him to bring the body of the person in his custody at a
specified time to a specified place for a specified purpose. The writ has only one purpose to set at
liberty a person who is confined without legal justification. The writ does not punish the wrong
doer. The writ is issued not only against authorities of the state but also to private individuals or
organisations if necessary.
Mandamus literally means command. The writ of mandamus is an order of the High Court or the
Supreme Court commanding a person or a body to do that which is his, or its, duty to do. Usually,
it is an order directing the performance of ministerial acts. A ministerial act is one which a person
or body is obliged by law to perform under given circumstances. For example, an appointing
authority should issue a letter of appointment to a candidate if all the formalities of selection are
over and if the candidate is declared fit for the appointment. But despite the fulfilment of such
conditions, the authority concerned refuses or fails to issue the appointment letter, the aggrieved
person has a right to seek the remedy through a writ of mandamus.
The writ of prohibition is a writ issued by the Supreme Court or a High Court to an inferior court
forbidding the latter to continue proceedings therein in excess of its jurisdiction or to usurp a
jurisdiction with which it is not legally vested. In other words, the object of the writ is to compel
inferior courts to keep themselves within the limits of their jurisdiction.
Certiorari is an ancient prerogative writ which orders the removal of a suit from an inferior court
to a superior court. It may be used before trial to prevent an excess or abuse of jurisdiction and to
remove the case for trial to a higher court.
Prohibition and Certiorari are both issued against courts or tribunals exercising judicial or quasi-
judicial powers. Certiorari is issued to quash the order or decision of the tribunal while
prohibition is used to prohibit the tribunal from making the ultra vires order or decision. While
prohibition is available at an earlier stage, certiorari is available at a later stage, on similar
grounds.
Quo warranto is a proceeding whereby the court enquires into the legality of the claim which a
party assents to a public office, and to oust him from its enjoyment if the claim be not well
founded. The fundamental basis of theTHE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES
129
proceeding of quo warranto is that the public has an interest to see that an unlawful claimant does
not usurp a public office.
Thus, Article 32 provides a guaranteed remedy for the enforcement of fundamental rights and this
remedial right is itself made fundamental by being included in Part III. The court is thus,
constituted the protector and guarantor of fundamental right. The Indian Constitution by
providing for a remedial right, that is, by making that remedial right itself a guaranteed
fundamental right has gone a step further than most of the constitutions of the world.
THE CHAPTER ON FUNDAMENTAL RIGHTS : AN ASSESSMENT
The chapter on Fundamental Rights in the Constitution has been the subject of following
criticisms :
1. Omission of Economic Rights : In the first place it is criticised on the gound that it omits a
number of important economic and social rights, such as right to work, rest and leisure, education
and social security.
2. Limitations on Fundamental Rights : Another criticism directed against the fundamental rights
relates to the restrictions, exceptions and explanations which accompany them. It is said that the
restrictions, exceptions and explanations with which fundamental rights are hedged around have
the effect of depriving rights of all reality. One of these critics suggested that the chapter on
Fundamental Rights should be renamed as "Limitations on Fundamental Rights".
3. Substantial rights are taken away : Third type of critics think that the spirit of the whole
chapter and much of its substances are taken away by the extra-ordinary provisions such as
preventive detention, MISA, NSA, suspension of the right to constitutional remedies, etc.
4. Ambiguous Provisions : It is also alleged that the fundamental rights are couched in difficult
language, that they are beyond the comprehension of an ordinary reader of the Constitution.
5. Preventive Detention : The provisions with regard to the preventive detention are extra-
ordinary. They are harder to justify, because both the spirit and substance of the chapter on
fundamental rights are taken away by them.
6. Suspension of Fundamental Rights : The provision with regard to suspension of fundamental
rights by the Union Executive under emergency is another controversial feature of the
Constitution.
Thus, even with these criticisms, "the chapter on Fundamental
Rights......remains of formidable bulwark of individual liberty, a code of public
conduct and a strong and sustaining basis of Indian democracy."
FUNDAMENTAL RIGHTS : PARLIAMENT VS. THE SUPREME COURT
The power of judicial review on the constitutionality of state action has been sufficiently
specified in the Constitution of India. Article 13 of the Constitution empowers the courts to
declare a law void if it is found to be inconsistent with the Fundamental Rights. For the
enforcement of these rights, power to issue any order or direction or writ to any person or
authority including government is conferred on the Supreme Court by Article 32 and the High
Courts under Article 226. The remedial right enshrined in Article 32 is also a guaranteed right
and the citizen can seek protection of the judiciary.
The question of amendability of Fundamental Rights came before the Supreme Court of India at
three different occasions in the cases of Shankari Prasad vs. Union of India, Sajjan Singh vs. State
of Rajasthan and Golak Nath vs. State of Punjab. In Shankari Prasad's case (1951), the validity of
the first Constitutional Amendment Act was challenged. The Constitution Bench of five judges
held that the Fundamental Rights can be amended bv the Parliament130
INDIAN GOVERNMENT AND POLITICS
procedure but also confers power on the Parliament to abridge or modify Fundamental Rights.
In Sajjan Singh's case (1964) the competence of Parliament to enact 17th amendment was
challenged before the Constitution Bench comprising of five judges. The Supreme Court by a
majority of 3 to 2 reiterated that the word 'Law' in Article 13 does not include a law passed by
Parliament by virtue of its constituent power taking away or abridging the Fundamental Rights
guaranteed by Part III of the Constitution. However, the two learned judges expressed their doubt
if the power to amend the Constitution is to be found in Article 368. Further, that whatever the
power may be found, its use was limited by prohibition contained in Article 13(2) of the
Constitution.
It is, therefore, obvious that the Supreme Court during all these years maintained that
Fundamental Rights are not immutable and absolute but can be modified, abridged or taken away
by the Parliament under Article 368.
However, the Supreme Court took a contrary view in the case of Golak Nath vs. The State of
Punjab. The Golak Nath case was heard by a special Bench of 11 judges as the validity of three
constitutional amendments (1st, 4th & 17th) was challenged. The Supreme Court by a majority of
6 to 5 reversed its earlier decisions and declared that Parliament, acting under Article 368, has no
power to take away or abridge the Fundamental Rights contained in Chapter III of the
Constitution.
The Golak Nath case evoked sharp reaction in the country as the judgment was looked upon as a
design of the Supreme Court to establish judicial supremacy. On April 7, 1967, a private member
introduced a bill in the Lok Sabha to assert the supremacy of Parliament. For establishing the
socialist image the Government of Mrs. Indira Gandhi restored to 'Bank Nationalisation' and
ended 'Privy Purses of the Ex-Rulers' of the Princely states, which, of course, were struck down
by the Suprme Court. Since the above issues involved the right of Property, it was not possible to
do away with judicial veto in absence of the amendment of the Constitution. The ruling party
took advantage of this situation and decided to hold mid-term election on the pledge Garibi
Hatao and to usher in an era of socialism in our country. As a result of this slogan the Congress
(R) emerged with landslide victory and hurriedly rushed through the Parliament the 24th and 25th
Constitution Amendment Bills. The 24th amendment now confers the power on Parliament to
amend the Constitution including Fundamental Rights in accordance with the procedure laid in
Article 368 and has ousted the jurisdiction of the Supreme Court to set aside any Constitutional
amendment in future. The 25th amendment gives authority to Parliament to amend or modify
Fundamental Rights for giving effect to Directive Principles of the State Policy and for the
attainment of the objectives set out in the Preamble of the Constitution. The net result of these
two amendments is that Parliament has now acquired power of amending any provision of the
Constitution, so that the Constitution does not become a barrier in the progress of the society.
In April 1973 came the Supreme Court's decision in Kesavananda Bharti case which changed the
entire position. The Supreme Court held that Parliament's amending power is limited. While
Parliament is entitled to abridge any fundamental right or amend any provision of the
constitution, the amending power does not extend to damaging or destroying any of the basic
features of the Constitution. The fundamental rights are among the basic features of the
Constitution. Therefore, while they may be abridged, the abridgement cannot extend to the point
of damage to or destruction of their core.THE FUNDAMENTAL RIGHTS .... CIVIL LIBERTIES
131
While leaving untouched the validity of the substantive part of Article 31C as originally
enacted, the Supreme Court in its judgment (Minerva Mills us. Union of India, 1980)
struck down section 4 of the 42nd Amendment Act which in effect provided that all laws
which have a nexus with any directive principles of state policy in Part IV of the
Constitution could with impunity ride roughshod over the fundamental rights conferred
by Articles 14 and 19. The Supreme Court has held that to abrogate the fundamental
rights while purporting to give effect to the Directive Principles is to destroy one of the
basic features of the Constitution.8
Enlargement of Fundamental Rights
The National Commission to review the working of the constitution feels that after fifty
years' time is ripe to review and enlarge suitably the contents of some of the Fundamental
Rights, particularly those. Fundamental Rights which have been judicially deduced. The
Commission in its Report advised to specifically incorporate following rights in Part III
of the Constitution :9
• Freedom of the Press and Freedom of Information.
• Right against torture and cruel, inhuman or degrading treatment or punishment.
• Right to travel abroad and return to one's country.
• Right to Compensation for being illegally deprived of one's right to life or liberty.
• Right to work.
• Right to privacy.
• Right to free elementary education upto age of 14.
• Right to safe drinking water, clean environment, etc.
• Right to justice and legal aid.
Conclusion
It must be realised that our Fundamental Rights are the same as those guaranteed in the
'Charter of Freedom' of the United Nations. To this chapter India is a signatory. It is for
this freedom that our pre-independence patriots fought and made great sacrifices. It is
said that the fundamental rights stand in the way of the Directive Principles of State
Policy. But only through the freedom of the individual citizen can the Directive
Principles be fulfilled in the true nature and spirit. Slaves cannot fulfil the requirements
of the Directive Principles. Further it will be seen that the Directive Principles in the
Constitution have not been made justiciable like Fundamental Rights.
REFERENCES
1. Granville Austin, The Indian Constitution (New York, 1966), p. 50.
2. M. V. Pylee, India's Constitution (Bombay, 1967), p. 101.
3. Express Newspapers vs. Union of India, A.I.R., 1958, S.C. 578.
4. Indian Express (New Delhi), Augsut 1, 1992, p. 1.
5. Dr. B. R. Ambedkar, C.A.D., Vol, VII, p. 953.
6. Ibid.
7. Pylee, n. 2, pp. 149-55. Chapter 10
THE DIRECTIVE PRINCIPLES OF
STATE POLICY
MANIFESTO OF AIMS AND OBJECTIVES
Part IV of the Constitution (Articles 36-51) provides the Directive Principles of State Policy.
These principles may be classifed under several groups : (a) Certain ideals, particularly
economic, which according to the framers of the Constitution, the State should strive for; (b)
Certain directions to the legislature and the Executive intended to show in what manner the State
should exercise their legislative and executive powers and (c) Certain rights of the citizens which
shall not be enforceable by the courts like the 'Fundamental Rights'; but which the state shall
nevertheless aim at securing, by regulation of its legislative and administrative policy.
It shall be the duty of the state to follow these principles both in the matter of administration as
well as in the making of laws. They embody the object of the State under the republican
constitution, namely, that it is to be a 'Welfare State' and not a mere 'Police State'. Most of these
Directives, aim at the establishment of the economic and social democracy which is pledged for
in the Preamble.1
PHILOSOPHICAL BASES OF THE DIRECTIVE PRINCIPLES
The framers of the Constitution were in this respect influenced most by the Constitution of the
Irish Republic which embodies a chapter on "Directive Principles of State Policy". The Irish
themselves had, however, taken the idea from the Constitution of Republican Spain which was
the first ever to incorporate such principles as part of Constitution. But the idea of these principles
can be traced back to such noble declarations as French Declaration regarding Rights of Man,
American Declaration of Independence and The Charter of United Nations. The makers of the
Constitution were equally influenced by the liberal philosophy of the 19th century. The ideas of
Jeremy Benthem, the political and social stand of the liberal and Radical Parties of Western
Europe, the major principles of Fabian Socialism and, to some extent, those of Guild Socialism,
are all akin to much of what is embodied in this part of the Constitution. The Directive Principles
represent somewhat the pattern of instrument of instructions provided in the Government of India
Act, 1935. At the same time it will be wrong to say that the Directive Principles are all foreign
borrowings. In fact, a number of these principles are entirely Indian and Gandhian in nature like
setting up of village panchayats and cottage industries, prohibition, protection against cow-
slaughter, etc.THE DIRECTIVE PRINCIPLES OF STATE POLICY
133
DIRECTIVE PRINCIPLES : MEANING AND NATURE
The Directive Principles of State Policy was aptly described by Dr. Ambed-kar as a 'novel
feature' of the Constitution of India. These Directive Principles are in the nature of general
directions or instructions to the state. They embody the objectives and ideals which Union and
State Governments must bear in mind while formulating policy and making laws.
"They are parade of high sounding sentiments."
"They are manifesto of aims and aspirations."
According to L.M. Singhvi: "The Directives are the life giving provisions of the Constitution.
They constitute the stuff of the Constitution and its philosophy of social justice." They lay down
the basic philosophy or ideal of democratic socialism. Taken together, they inscribe the objectives
of a modern welfare state as distinguished from a merely regulatory or negative state. They lay
down the social and economic principles which the framers of the Constitution wanted free India
to follow and "constitute a very comprehensive political, social and economic programme for a
modern democratic state."
According to Dr. Ambedkar, "The Directive Principles are like the Instruments of Instructions
which were issued to the Governor General and the Governors of colonies and to those of India
by the British Government under the 1935 Government of India Act. What is called 'Directive
Principles'is merely another name for the Instrument of Instructions. The only difference is that
they are instructions to the legislature and the executive."
These principles are directive to the various governments and government agencies to be
followed as fundamental in the governance of the country. It shall be the duty of the state to apply
these principles in making laws. Thus, they place an ideal before the legislators of India while
they frame new legislation for the country's administration. They lay down a code of conduct for
the administrators of India while they discharge their responsibilities as agents of the sovereign
power of the nation. In short, the Directive Principles enshrines the fundamentals for the
realisation of which the state in India stands. They guide the path which will lead the people of
India to achieve the noble ideals which the Preamble of the Constitution proclaims: Justice—
social, economic and political; Liberty—Equality and Fraternity.
Sir Ivor Jennings claims that this part of the Constitution expresses, 'Fabian Socialism' without
the word 'socialism'.
Directive Principles of State Policy are "not legally enforceable by any court and the state cannot
be compelled through the courts to implement them. Nevertheless, the Constitution declares that
they are 'fundamental in the governance of the country and that it shall be the duty of the state to
apply these principles in making laws. If the fundamental rights of citizens declared in chapter III
of the Constitution lay the foundations of political democracy in India, the Directive Principles
spell out the norms of social and economic democracy in the country.
Dr. Ambedkar had said : "We do not want merely to lay down a mechanism to enable people to
come and capture power. The Constitution also wishes to lay down an ideal before those who
would be forming the government. The ideal is of economic democracy."
CLASSIFICATION OF DIRECTIVE PRINCIPLES
In order to understand the comprehensiveness of the Directive Principles, it is convenient to
classify them into related groups. Dr. M. P. Sharma has suggested that they can be grouped
ideologically, into three categories, viz., socialistic, Gandhian and liberal-intellectualistic. We
may classify them into134
INDIAN GOVERNMENT AND POLITICS
1. Directive Principles aiming at the establishment of a Welfare State : A large number of
Directive Principles, however, aim at the establishment of a Welfare State in India
committed to the realisation of the ideals proclaimed in the Preamble of the Constitution.
Thus, Article 38 provides that the state shall strive to promote the welfare of the people
by securing and protecting a social order in which justice—social, economic and political
—shall inform all the institutions of national life. According to Article 39 the state shall
direct its policy towards securing: (a) adequate means of livelihood to all citizens; (b) a
proper distribution of the material resources of the community for the common good; (c)
the prevention of concentration of wealth to the common detriment; (d) equal pay for
equal work for both men and women; (e) the protection of the strength and health of
workers and avoiding circumstances which forces citizens to enter evocations unsuited to
their age or strength; and (f) the protection of childhood and youth against exploitation or
moral and material abandonment. Article 41 seeks within the limits of economic
resources and capacity, to ensure the right to work, to education and to public assistance
in cases of unemployment, old age, sickness and disablement and in other cases of
undeserved want. Article 42 declares that the state shall make provision for securing "just
and humane conditions of work and for maternity relief." According to Article 43 the
state shall endeavour to secure to all workers a living wage, a decent standard of life,
leisure and social and cultural opportunities for people. Article 46 lays upon the state the
obligation to promote with special care the educational and economic interests of weaker
sections of the people and, in particular, of the scheduled castes and the scheduled tribes
and to protect them from social injustice and all forms of exploitation. Article 47 declares
as a primary duty of the state to raise the level of nutrition and the improvement of public
health.
2. Directives relating to Cultural and Educational Matters : Another group of directive
principles relates to the obligations of the state in educational and cultural matters. Article
45 declares that the state shall endeavour to provide within a period of ten years from the
commencement of the Constitution, for free and compulsory education for all children
until they complete the age of fourteen years. The protection of monuments and places or
objects of artistic or historic interest enumerated as an obligation of the state under
Article 49 has also an obvious bearing on culture.
3. Directive Principles aiming to implement Gandhian Principles : There are directive
principles aiming to implement Gandhian Principles:
(a) State shall organise village Panchayats as units of self-government. (Article 40)
(b) State shall promote with special care the educational and economic interests of the
weaker sections of the peoples. (Article 45)
By 86th Constitutional Admendment Act, 2002 for Article 45 of the Constitution, the following
Article is substituted :
"45. The state shall endeavour to provide early childhood care and education for all children until
they complete the age of six years."
(c) State shall try to promote cottage industries. (Article 43)
(d) State shall preserve and improve the breeds and prohibit the slaughter of cows, calves
and other milks and draught cattle. (Article 48)
Recent Judgment of the Supreme Court has converted the non-enforceable directive principles (right to education) into
an enforceable fundamental right.
—Indian Express, August 9, 1992, p. 9.THE DIRECTIVE PRINCIPLES OF STATE POLICY
135
(e) State shall try to secure the improvement of public health and the prohibition of intoxicating
drinks and drugs. (Article 47)
4. Directives relating to International Peace and Security : There are directive principles relating
to international peace and security. Article 51 declares that the state shall endeavour to (a)
promote international peace and security; (b) maintain just and honourable relations between
nations; and (c) the settlement of international disputes by arbitration.
5. Miscellaneous : Some other important directive principles are: (i) To separate the judiciary
from the executive (Article 50); (ii) To secure a uniform civil code applicable to the entire
country (Article 44); (iii) To organise agriculture and animal husbandry on scientific lines, etc.
6. The 42nd and 44th Amendment : By the 42nd Amendment, certain changes have been
introduced in Part IV, adding New Directives, to accentuate the socialistic bias of the
constitution;
(i) Article 39A has been inserted to enjoin the state to provide 'free legal aid' to the poor and to
take other suitable steps to ensure equal justice to all, which is offered by the Preamble.
(ii) Article 43A has been inserted in order to direct the state to ensure the participation of workers
in the management of industry and other undertakings. This is a positive step in advancement of
socialism in the sense of economic justice.
(iii) Article 48A has been inserted in order to direct the state to protect and improve the
environment and to safeguard the forests and wildlife of the country.
The Janata Government sought to implement the promise of economic justice and equality of
opportunity assured by the Preamble, by inserting section (2) in Article 38 (by the 44th
Amendment Act, 1978) as follows:
"The state shall, in particular, strive to minimise the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in different vocations."
This amendment is to be read along with the Janata elimination of the Fundamental Right to
Property. They have paved the way for confiscatory taxation and for equalising salaries and
wages for different vocations and different categories of work, which would usher in a socialist
society, even without resorting to nationalisation of the means of production.
CRITICISM OF DIRECTIVE PRINCIPLES
While the Constitution was on the anvil, the Directive Principles of state policy were strongly
criticised by several members of the Constituent Assembly. They have since been criticised on
the following grounds:
1. Lack of legal sanction : The most common ground for the criticism of Directive Principles,
however, is their lack of legal force. According to Article 37, Directive Principles, though they
are fundamental in the governance of the country and it shall be the duty of the state to apply
these principles in making laws, are expressly made non-justiciable. It means that the courts in
India including the Supreme Court have no power to enforce them. This is in contrast with the
position of Fundamental Rights which are justiciable and therefore, enforceable by the courts of
Law. Thus, while there is a judicial remedy for every
nT.f<il "RirrV*f fVi

ornic nr\-no -fnr 136

INDIAN GOVERNMENT AND POLITICS
Principles, since they impose no legal obligations on the state, the Directive Principles have been
described as 'window dressing' or as 'pious superfluities'. K.C. Wheare has described them as a
'manifesto of aims and aspirations'.
2. Vague and illogically arranged : Ivor Jeanings has expressed the view that fundamental rights
proclaimed by the Indian Constitution are "based on no consistent philosophy." The same
weakness, it is said characterises the Directive Principles. According to Srinivasan, "the
formulation of the directives of state policy can hardly be considered inspiring. It is both vague
and repetitive. The directives are neither properly classified nor logically arranged. The
declaration mixes up relatively unimportant issues with the most vital economic and social
questions. It combines rather incongruously the modern with the old and provisions suggested by
the reason and science with provisions based purely on sentiment and prejudice." 3
3. Moral Precepts : According to the critics the Directive Principles are little more than a set of
moral precepts. Mr. Nassirudin, a member of the Constituent Assembly, contended that these
principles were no better than 'new year resolutions which are broken on the second January'
Professor K. T. Shah described them as a cheque payable by the Bank when able only when the
resources of the Bank permit. Sir Ivor Jeanings characterised them as 'pious aspirations' and also
questioned the utility of importing into India of the 19th Century English Philosophy of'Fabian
Socialism without the Socialism.'4
UTILITY OF THE DIRECTIVES
Just because the Directive Principles are not legally enforceable, it would be rather cynical to say
that they are no more than "a parade of high sounding sentiments couched in vain glorious
verbiage." Nevertheless, their incorporation in the Constitution has been justified by a consensus
of opinion, as well as the working of the Constitution since 1950.
1. Educative value of the moral precepts : Sir B. N. Rau, who advised the division of individual
rights into two categories, those which were enforceable in the courts and those which were not,
stated that the latter class which are known in the Constitution as 'Directives' were intended as
"moral precepts for
the authorities of the state......they have at least an educative value." The
educative value is to remind those in power for the time being that the goal of the Indian polity is
to introduce 'socialism in the economic sphere' or 'economic democracy" as distinguished from
political democracy. It reminds the authorities that they must ensure "social security and better
standards of sanitation" and emphasise "the duty towards women and children and the obligations
towards backward and tribal classes."
2. Sanctions of Public Opinion behind these principles : The Constitution establishes a
democratic form of government, a representative government. It is also a responsible government.
Those who are in power are there because the people of India have given them that power. They
are not the masters of the people but their servants. They are voted into power to translate into
practice the provisions of the Constitution which the people have given upto themselves. If they
fail in this solemn duty, then they have no right to continue in office and they can be and should
be removed from office when the stock-taking of their works is done at the end of every five
years at the time of the General Election in the country since the Constitution ensures free choice
by the people from amongst competing candidates with differing policies and programmes, the
electorate can choose those who, in their opinion, are likely to transform these principles into
reality. These directives, thus seen, constitute a kind of basic THE DIRECTIVE PRINCIPLES OF STATE
POLICY
137
standard of national conscience and those who violate its dictates do so at the risk of being ousted
from the positions of responsibility to which they have been chosen. The agents of the state at a
given time may not be answerable to a court of law for their breach of these principles, but they
cannot escape facing a higher and more powerful court which will at regular intervals do the
reckoning. When a member in the Constituent Assembly moved an amendment which sought to
make the Directive Principles justiciable, another pointed out: "It is not a court that can enforce
these provisions. It is the public opinion and the strength of public opinion that is behind a
demand that can enforce these provisions. Once in four or five years election will take place and
then it is open to the electorate not to send the very same persons who are indifferent to public
opinion. That is the real sanction and not the sanction of any court of law."
3. Directive Principles as amplification of the Preamble : The Directive Principles are
amplification of the Preamble. They emphasise that the goal of the Indian polity is not laissez
faire, but a welfare state, where the state has a positive duty to ensure its citizens social and
economic justice and dignity of the individual. It would serve as an 'Instrument of
Instructions'upon all future governments, irrespective of their party creeds.
4. Courts have given due regards to the Directive Principles : The working of the Constitution
during the last few years has demonstrated the utility of the Directives even in the courts. For
instance—(a) Though the courts cannot declare a law to be invalid on the ground that it
contravenes a Directive Principle, nevertheless the constitutional validity of many laws has been
maintained with reference to the Directives so that they do not serve as mere 'moral precepts' as
K.C. Wheare had anticipated in 1950. For example, it has been held that when a law is challenged
as constituting an invasion of the fundamental right specified in Article 14 or 15, the court would
uphold the validity of such law if it had been made to implement a Directive, holding that it
constituted a 'reasonable classification' for the purpose of Article 14, a 'reasonable restriction'
under Article 19. (b) Even as regards fundamental rights other than those under Articles 14, 19,
though the Directives cannot override them, in determining the scope and ambit of the
fundamental rights themselves, the court may not entirely ignore the Directive Principles and
should adopt the harmonious construction so as to give effect to both as much as possible. Again,
the Supreme Court has relied upon Article 39Ain determining the duty of the State in making a
law under Article 21, depriving a person of his personal liberty, and held that where a prisoner
has a right of appeal, the state should provide him a free copy of the judgment and also engage a
counsel for him at the cost of the state, (c) Not only in the matter of determining the constitutional
validity of a legislation, but also in its interpretation of statutes, the court should bear in mind the
Directive Principles, which are not in conflict with but complementary to the Fundamental Rights
and enable the state to impose certain duties upon the citizens, in so far as the Directives are
implemented, e.g., in making a law to ensure minimum wages to workers, in accordance with the
Directive in Article 43. (d) Though, the Directive Principles, as such, are not enforceable by the
courts, of late the Supreme Court is issuing directives in proper cases, enjoining the Government
to perform their positive duties to achieve the goals envisaged by the Directives.
5. Directive Principles were given due regard through constitutional amendments : The
Constitution itself has been amended successively (e.g., First,
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INDIAN GOVERNMENT AND POLITICS

ments), to modify those 'fundamental rights' by reason of whose existence the state has
experienced difficulty in effecting agrarian, economic and social reforms which are
envisaged by the Directive Principles.
The real importance of Directive Principles is that they contain the positive obligations of
the state towards its citizens. Granville Austin considers these Directives to be "aimed at
furthering the goals of the social revolution or to foster this revolution by establishing the
conditions necessary for its achievement." If the fundamental rights guarantee a political
democracy in India, the Directive Principles ensure the eventual emergence of an
economic democracy to sustain the former. In the light of these considerations, it would
betray a lack of discernment to consider these directives as a mere political manifesto
without any legal sanction or to characterise them as vague and indefinite serving no
useful purpose or to dismiss them as a mere moral homily.
IMPLEMENTATION OF THE DIRECTIVE PRINCIPLES
Almost from the very inauguration of the Constitution, the Government authorities took
steps to implement the Directive Principles.
In order to give effect to the principles of Article 39, a series of Acts were passed from
time to time. Some of these were : Employees State Insurance Act, Minimum Wages Act,
Wealth Tax Act, Estate Duty Act and so on. In order to reduce disparities in income right
to property incorporated in Article 31 of the Constitution was abolished. Legislatures of
almost all the States and Union Territories passed Land Reform Acts which fixed ceilings
on land holdings and the surplus land acquired from land owners was distributed among
the landless workers. The Legislatures of almost all the States and Union Territories
passed Acts for the abolition of intermediaries like zamindars, jagirs and more than three
crores of farmers became the owners of land.
A large number of laws have been enacted to implement the directive in Article 40 to
organise village panchayats and endow them powers of self-government. It is stated that
the number of village panchayats covers 98% of the rural population in the country. For
the promotion of cottage industries (Article 43), which is a state subject, the Central
Government has established several Boards to help the State Governments, in the matter
of Finance, Marketing and the like. For raising the standard of living (Article 47),
particularly of the rural population, the Government of India launched its Community
Development Project in 1952. ;
The Department of Women and Child Development continued its programmes in the
areas of women's development as well as of the child development. The strategy adopted
involves empowerment of women through education and awareness generation and
greater emphasis on vocational training and employment so as to enable women to enter
mainstream of economic development as equal partners. In the area of child welfare and
development, the Department expanded the world's largest nutrition programme, called
the Integrated Child Development Scheme (ICDS). ICDS today reaches out to 3.60 crore
beneficiaries which includes 63.81 lakh expectant and nursing mothers and 295.89 lakh
children of disadvantaged groups. Of these 162.85 lakh children (3 to 6 years of age)
participate in centre-based pre-school education activities. The feedback on the impact of
ICDS reported a faster decline in the incidence of infant and early childhood mortality in
ICDS project areas.5
Between 1950 to 1998 infant mortality rate have halved to 72 births per 1,000 births
down from 146. Life expectancy at birth has grown up from 32 yearsTHE DIRECTIVE
PRINCIPLES OF STATE POLICY
139
in 1950-51 to 63 years in 2000. India has put in place an extensive system of Public Health
Services and medical network. In 1951, the country had only 725 primary health centres. By
1995, this has increased to more than 1,50,000. The number of primary schools has increased
significantly between 1951 and 1995 from 2,10,000 to 5,90,000. Close to 95% of the villages
have a primary school within a walking distance of one kilometre.
FAILURES IN THE IMPLEMENTATION OF DIRECTIVE PRINCIPLES
Fifty-four years ago, Article 45 of the Constitution mandated that the state shall endeavour to
provide, within a period often years from the commencement of this Constitution, free and
compulsory education for all children until they complete the age of 14 years. The Education
Commission headed by Dr. D. S. Kothari had underlined the fact that India was more illiterate in
1961 than in 1951 due to an addition of about 30 million illiterates during that decennial. Over
the years, we appear to be adding to the ranks of the illiterate in our country with massive
increase in our population. However, the absolute number of illiterates in the country as a whole
declined during 1991-2001 by 31,958,336. The maximum contribution in this decline came from
Andhra Pradesh, where the number of illiterates decreased by 5,366,559 accounting for 16.79 per
cent of the total decrease in illiterates during 1991-2001. The states of Uttar Pradesh,
Maharashtra, Rajasthan, Madhya Pradesh and Tamil Nadu followed suit, accounting for 14.09
percent, 12.48 per cent, 11.46 per cent, 11.43 per cent and 10.66 per cent decrease in the number
of illiterates. These six aforementioned states account for three-fourth of the percentage decrease
in the total number of illiterates in the country, whereas they share half of country's population.
Bihar on the other hand, increased its number of illiterates from 31,986,516 to 34,968,650 (a
difference of 2,982,134) negatively contributing by 9.33 per cent to the Kitty of illiterates. It is
followed by Delhi where the number of illiterates increased by 224,981.
The crude literacy rate in 1901, started with a low level of 5.35 per cent and steadily increased by
1931 to reach a figure of 9.50 per cent. In post-independence period, there has been a more rapid
growth in crude literacy rates. It has grown more than three times from 18.33 per cent in 1951 to
65.38 per cent at the Census of India, 2001.6
The litmus test for a civilized society is the measure and care and consideration it bestows on
women, children and the handicapped. While some progress has been made for ameliorating the
condition of urban women, much remains to be done for the marginalised women, children and
the handicapped. In most countries life expectancy among women exceeds that of men by about 5
years. In all but a few countries of the world, there are typically 1,005 women for every 1,000
men. In India, there are only 933 women for every 1,000 men. Overall representation of women
in public services is just 4.9%. Children are particularly badly neglected in our society. Article
15(3) contemplated special provision for children. There is hardly anything done under Article
15(3) for children. Article 24 which is enforceable in courts clearly mandates that "no child below
the age of 14 years shall be employed to work in any factory or mine or engaged in any other
hazardous employment." The truth of the matter is that in certain sectors this ban is breached with
impunity. Even otherwise, conditions of child labour are precarious and unprotected. Dr. L.M.
Singhvi observes: "Having been intimately involved in the deliberations on the Charter of

the

140
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INDIAN GOVERNMENT AND POLITICS
any fear of contradiction that the laws relating to children and child labour have neither
teeth nor tongue." Contrary to the constitutional mandate in Article 39, the tender age of
children is, in fact, being abused. Children do not have and are not given opportunities
and facilities to develop in a healthy manner and in condition of freedom and dignity, and
childhood and youth are not really protected against exploitation and against moral and
material abandonment. In fact, we have no action plan worth the name to deal with this
highly neglected sector. The task of fulfilling the generous promises of Article 39 goes by
the grossest of defaults.
The Constitution contemplates right to work, right to an adequate means to earn
livelihood and public assistance in cases of unemployment, old age, sickness,
disablement and other cases of undeserved want. These tasks remain unfulfilled.
Although we have succeeded in laying down and in securing reasonably just and humane
conditions of work including a living wage for the organised industrial labour, we are far
from being able to provide for such conditions of work for the unorganised sectors or for
landless agricultural labour. The devil takes those hindmost who are systematically
exploited without any remedial recourse. It is tragic to reflect that bonded labour, beggar
and traffic in human beings continue to exist in sizeable pockets in many parts of our
country.
Undeserved want in our society remains unattended. We have not even been able to
eradicate begging. The right to work, adequate means to earn livelihood for all and public
assistance in cases of unemployment, old age, sickness and disablement appear to be
distant dreams.
The Scheduled castes constitute a sizable percentage of our population. According to the
1991 census, they numbered 13.82 crore or 16.73% of our population. Though several
schemes/programmes are being operated for the benefit of the SCs, they continue to lag
behind the general population.
• The National Commission to Review the working of the constitution recommends that the
heading of Part IV of the Constitution should be amended to read as "Directive Principles of State
Policy and Action."
• The Commission recommends the initiation of a strategic plan of Action to create a large
number of employment opportunities in five years to realise and exploit the enormous potential in
creating such employment opportunities.
• The Commission is convinced that the realisation of the right to food, clothing and housing
requires the state to prepare long range and short range plans for proper allocation of necessary
funds.
• The Commission recommends that the following article should be added as a directive
principle of state policy after article 47 of the Constitution : "Article 47A—Control of Population
—The State shall endeavour to secure control of population by means of education and
implementation of small family norms."
REFERENCES
1. M.P. Jain, Indian Constitutional Law (Bombay, 1987), p. 737.
2. Constituent Assembly Debates, Vol. V, p. 316.
3. N. Srinivasan, Democratic Government in India, p. 182.
4. Jeanings, Some Characteristics of Indian Constitution, p. 31.
5. Annual Report 2001-02, Department of Women and Child Development, Government of India, p. 43.
6. Census of India 2001, Provisional Population Totals, Paper 1 of 2001, pp. 105-28.
7. The Indian Express, January 26, 1990.
8. Report of the National Commission to Review the Working of the Constitution, Vol. I.Chapter 71
FUNDAMENTAL RIGHTS AND
DIRECTIVE PRINCIPLES OF STATE
POLICY
POSSIBILITY OF CONFLICT
The Preamble, the Directive Principles and the Fundamental Rights constitute the more important
features of our Constitution. The fundamental goals and objectives of the Indian Republic
outlined in the Preamble, the Directive Principles of the State Policy enshrined in Part IV and the
Fundamental Rights, guaranteed in Part III of the Constitution, are all parts of the same
constitutional scheme without any of them varying with another, so to say, in superiority,
importance or respectability. As has been succinctly put by Mr. Justice Deshpande, "Democratic
Socialism spelt out in the Preamble and the Directive Principles of our Constitution is meant to
provide the context in which the fulfilment of the Fundamental Rights has to be achieved." 1
Although the Fundamental Rights and Directive Principles appear in the Constitution as distinct
entities, it was the Assembly that separated them; the leaders of the freedom struggle had drawn
no distinction between the positive and negative obligations of the state. Both types of rights had
developed as a common demand, products of the national and social revolutions, of their almost
inseparable intertwining and of the character of Indian politics itself.
The Directive Principles, though fundamental in the governance of the country, are not
enforceable by any court in terms of the express provisions of Article 37 of the Constitution,
while Fundamental Rights are enforceable by the Supreme Court and the High Courts in terms of
the express provisions of Articles 32 and 226 of the Constitution. This does not, however, mean
or imply any dichotomy between the two. Both constitute essential features of the Constitution,
forming as it were, an organic unit and binding on all the organs of the state, including the
judiciary. In the words of Mr. Justice Deshpande, "The Constitution is, therefore, not only a legal
but also a social and political document. Its legal aspect, namely, the Fundamental Rights is
enforceable by the individual by writ petitions and otherwise in the courts. Its social aspect can,
however, be amended only by legislation to carry out the objectives of the Directive Principles of
State Policy."
DIRECTIVE PRINCIPLES COMPARED WITH FUNDAMENTAL RIGHTS : DISTINCTIONS
The Directive Principles, however, differ from the Fundamental Rights contained in Part III of
the Constitution in the following respects :
\A 7\-\ iln 4- V-i /- 142
INDIAN GOVERNMENT AND POLITICS
instruction to the Government of the day to do certain things and to achieve certain ends by their
actions.
2. Fundamental rights are justiciable but the Directive Principles are non-justiciable, which
means a person can go to the court of law for the violation of Fundamental Rights but not for the
violation of Directive Principles of State Policy.
3. The Directives, however, require to be implemented by legislation, and so long as there is no
law carrying out the policy laid down in a Directive, neither the State nor an individual can
violate any existing law or legal right under colour of following a Directive.
4. The Fundamental Rights lay down the negative obligations of the State. They are prohibitive
in character and are, in fact, in the nature of injunctions requiring the state not to do certain
things. Directive Principles are, on the contrary, affirmative directions dealing with the positive
obligations of the state towards the citizens. They declare the duty of the state to promote certain
social and economic objectives. 'Fundamental Rights', to quote Gledhill, "are injunctions to
prohibit the government from doing certain things; the Directive Principles are affirmative
instructions to the Government to do certain things."3
5. The main object of Fundamental Rights is to establish political democracy by guaranteeing
equality, liberty, religious freedom and cultural rights but the aim of Directive Principles of State
Policy is to establish just social, economic and political order. M.V. Pylee has rightly observed :
"If the fundamental rights guarantee a political democracy in India, the directive principles ensure
the eventual emergence of an economic democracy to sustain the former."4
6. The Fundamental Rights are negative in character as they impose certain restrictions on the
Government while the Directive Principles of State Policy are positive as they ask the state to
endeavour to achieve certain goals.
RELATIONSHIP BETWEEN DIRECTIVE PRINCIPLES AND
FUNDAMENTAL RIGHTS : POSSIBILITY OF CONFLICT
AND THE ISSUE OF SUPERIORITY
Fundamental Rights incorporated in Part III and the Directive Principles in Part IV form an
organic unit. They were divided into two parts for the sake of convenience, because it was
thought that the directive principles by their very nature cannot be made justiciable through
courts. It was not easy for the framers of the Constitution to classify certain rights as fundamental
rights and others as directive principles. The Sapru Committee found the task difficult and left the
same to the Constitution-making body. At one stage, the Constituent Assembly placed the duty of
the state to provide compulsory primary education to its citizens in Part III and the provisions
relating to equality in Part IV. This illustrates the difficulty in drawing the line between the
fundamental rights and the directive principles. Broadly speaking, one may say that Part III of the
Constitution deals with the area of individual freedom and the extent to which state can restrain
the freedom and Part IV deals with the positive duties cast upon the state to attain the ideals set
out in the Preamble to the Constitution.
It may be observed that the declaration made in Part IV of the Constitution under the head
'Directive Principles of State Policy' are in many cases of a wider import than the declarations
made in Part III as 'Fundamental Rights'. Hence, the question of priority in case of conflict
between the two classes of provisions may easily arise.FUNDAMENTAL RIGHTS .... PRINCIPLES OF
STATE POLICY
143
A large number of the Supreme Court decisions since independence is related with the question
of priority between directive principles and fundamental rights. Hence, it is apt here to make a
review of relationship between fundamental rights and directive principles in the perspective of
various court decisions and constitutional amendments meant to establish the priority of the
directive principles. The whole story can be divided into the following five stages ° :
1. First Stage 1950-66 '.
(Directive Principles as subsidiary or subordinate to Fundamental Rights)
2. Second Stage 1967-1971 (Fundamental Rights are sacrosanct)
3. Third Stage 1972-1975
(Fundamental Rights can be amended to implement Directive Principles)
4. Fourth Stage 1976-1979
(Fundamental Rights as subordinate to Directive Principles)
5. Fifth Stage 1980-2005 (Superiority of Fundamental Rights)
1. First Stage : 1950-1966 (Directive Principles as subsidiary and subordinate to Fundamental
Rights)
During the initial period of the working of the Constitution, the trend of judicial pronouncements
showed an undue emphasis on the aspect of jus-ticiability or otherwise of the Fundamental
Rights. The Directive Principles were accorded a more subsidiary and subordinate position than
was contemplated by the founding fathers of the Constitution. The decisions of the Supreme
Court in Champakam Dorirajan's case,6 Cow Slaughter Case7 and Kerala Education Bill Case,8
are illustrative of this trend in judicial thinking. In these decisions, the Court enunciated the
principle that in the event of a direct conflict between individual rights and social necessities, the
social good was preferable only if the individual's fundamental rights were not immediately
infringed.
In Champakam Dorirajan's case, a communal Government order issued by the Government of
Madras fixing proportionate seats for different communities for admission to Medical Colleges
was sought to be justified by the State Government on the ground that it was intended to promote
the educational interests of certain weaker sections of the people including Scheduled Castes and
Scheduled Tribes. Reliance was placed on Article 46 which declares that "the State shall promote
with special care the educational and economic interests of the weaker sections of the people,
and, in particular, of the Scheduled Castes and Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation." The Supreme Court held that the order of the State
Government was unconstitutional. The following observations of the court are pertinent : "The
Directive Principles of the state policy, which by Article 37 are expressly made unenforceable by
a court, cannot override the provisions found in Part III which, notwithstanding other provisions,
are expressly made enforceable by appropriate writs, orders or directions under Article 32. The
chapter of Fundamental Rights is sacrosanct and not liable to be abridged by any legislative or
executive act or order, except to the extent
provided in the appropriate article in Part III. The Directive Principles.....have
to conform to and run as subsidiary to the chapter of Fundamental Rights."9
The Constitution (First Amendment) Act, 1951 : The Constitution first Amendment Act, 1951 was
adopted in view of the concern of Parliament to
i -i-x^_ ;„ R4V.OT- Madhva Pradesh and Uttar

i
144
INDIAN GOVERNMENT AND POLITICS
Pradesh from challenge in the courts. Litigation was pending in the courts challenging the validity
of these legislations as a result of which these measures could not be implemented. Article 31 of
the Constitution as originally framed provided that no property was to be acquired by the state
except by law providing for compensation for such acquisition. The Patna High Court in the
Bihar Zamindari Case10 declared that the Bihar Land Reform Act, 1959, was unconstitutional. On
the other hand, the Allahabad High Court in Suryapal Singh's Case11 and the Nagpur High Court
in Ganapatrao Pande's Case12 upheld the validity of similar laws in Uttar Pradesh and Madhya
Pradesh respectively. Appeals from these decisions were pending in the Supreme Court. The
hurdles arising out of the dilatory litigation were overcome by the Constitution First Amendment
Act, 1951. This amendment inserted Articles 31A and 3IB in the Constitution. Article 31A
provides that no law providing for the acquisition by the state of any estate or of any rights
therein shall be deemed to be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by any provisions of Part III. Article 3IB validates thirteen
Acts and Regulations specified in the Ninth Schedule to the Constitution which would have been
liable to be impugned under Article 13(2), but for such a provision.
The Constitution {Fourth Amendment) Act, 1955 :This Amendment Act was adopted to get over
the difficulties arising out of certain judicial pronouncements concerning the right to property. In
Bela Banerjee's Case the Supreme Court held that compensation payable for the property
compulsorily acquired under Article 31(2) is just equivalent of what the owner has been deprived
of at or about the time of acquisition of the property and that the issue regarding payment of
compensation is justiciable. Though Article 31(2), as it stood then, did not mention 'just'or
adequate or 'full' compensation, the court took the view that 'compensation'means, 'just
compensation'. Such a construction resorted to by the courts, if allowed to stand, would have
adversely affected our economy and delayed the progress of social welfare legislation.
The Constitution Fourth Amendment was adopted to clarify the position that though
compensation is payable for land compulsorily acquired, the quantum of compensation was for
legislature to determine and that the question of adequacy of compensation was outside the pale
of judicial review.
Thus, in this period, the basic approach of the courts was that the Directive Principles of State
Policy are subordinate to the Fundamental Rights.
2. Second Stage : 1967-1971 (Fundamental Rights are Sacrosanct)
In this period, the judgment of the Supreme Court in the Golak Nath's Case14 is historical. The
majority of the judges declared in the Golak Nath's Case that the First, Fourth and Seventeenth
Amendment Acts abridged the scope of the Fundamental Rights and were, therefore, void under
Article 13(2) of the Constitution. The implication of the majority judgment in Golak Nath's Case
is that any amendment of Part III could be made only in so far as it did not take away or abridge
any of the rights conferred by that part. The majority of the judges did not indicate as to what
would happen when Parts III and IV of the Constitution came into conflict in the sense that if in
attempting to implement the directive principles in Part IV, the law made by Parliament came
into conflict with Part III.
Thus, after this judgment of the Supreme Court, the Fundamental Rights could not be amended
even for the implementation of the Directive Principles which according to Article 37 are
fundamental in governance of the country. Following the Golak Nath's decision, the Supreme
Court pronounced its judg-FUNDAMENTAL RIGHTS .... PRINCIPLES OF STATE POLICY
145
ments in Vajravelu (1968), Metal Corporation (1969) and the Bank Nationalisation Cases (1970)
and held that compensation means compensation at the market rate. In fact, the Supreme Court
again put more emphasis on the individual's rights than on social good. Justice Hidayatullah
concluded his judgment with the remarks : "It cannot be conceived that in following the Directive
Principles, the Fundamental Rights can be ignored. If it is attempted, the action is capable of
being struck down."
3. Third Stage : 1972-1975 (Fundamental Rights can be amended to implement Directive Principles)
To overcome the difficulties created by Golak Nath and Bank Nationalisation Cases, 24th and
25th Amendments to the Constitution were made in December 1971. By the 24th Constitution
Amendment Act, 1971 it was declared that Parliament has power to amend any provision of the
Constitution, including those contained in Part III. The amendment became necessary in order to
give effect to the Directive Principles and for the attainment of the objectives set out in the
Preamble to the Constitution. The Constitution 25th Amendment Act, 1971 was adopted with a
view to surmount the difficulties placed in the way of giving effect to the Directive Principles by
the interpretation of the Supreme Court of Article 31 of the Constitution in Bank Nationalisation
case. In that case, the court held that the Constitution guarantees right to compensation, that is,
the equivalent in money of the property compulsorily acquired. Thus, in effect, the adequacy of
compensation and the relevancy of the principles laid down by the legislature for determining the
amount of compensation
• The Golak Nath case
The Supreme Court, in its decision in the Golak Nath case on February 27, 1967 held that
Parliament's power to amend the Constitution could not be used to abridge the Fundamental
Rights, in part because an amendment was deemed to be a 'law' under Article 13 which prohibited
Parliament from making any law abridging the Rights.
• The Kesavananda Bharti case
In the Kesavananda Bharti case, on April 24, 1973 the thirteen judges delivered eleven opinions.
The view by majority is as follows : It then specifically overruled Golak Nath, upheld the 24th
and 29th Amendments and struck down the 'escape clause' in the 25th Amendment in Article 31C
while upholding the remainder of the amendment. The essence of the statement of the nine judges
was that 'Article 368 did not enable Parliament to alter the basic structure or framework of the
Constitution.
• The Minerva Mill case
On May 9, 1980 the Supreme Court decided in the Minerva Mills case that Section 4 of the Forty-
second Amendment was beyond the amending power of Parliament since it damages the basic or
essential features of the Constitution and destroys its basic structure by the total exclusion of
challenge to laws to implement the Directive Principles at the expense of the Fundamental Rights
in Article 14 and 19. Section 55 of that Amendment was also ruled beyond the amending power
of Parliament— since it removes all limitations on the power of the Parliament to amend the
Constitution and confers powers upon it to amend the Constitution so as to damage or destroy its
basic or essential features or its basic structure.
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INDIAN GOVERNMENT AND POLITICS
virtually became justiciable since the court could go into the question whether the amount paid to
the owner of the property was reasonable as compensation for loss of property. The court also
held that a law which seeks to acquire or requisition for property for a public purpose should
satisfy the requirements of Article 19(l)(f) of the Constitution. By the amendment the word
'compensation' in Article 31(2) was replaced by the word 'amount'. It was also clarified that
Article 19(1 )(f) shall not apply to any law relating to acquisition or requisitioning of property for
a public purpose. The amendment also introduced a new Article 31(c) to the Constitution which
provides that if any law is passed to give effect to the Directive Principles contained in clauses (b)
and (c) of Article 39 and contains a declaration to that effect, such law shall not be deemed to be
void on the ground that it takes away or abridges any of the rights contained in Articles 14, 19 or
31 and shall not be questioned on the ground that it does not give effect to those principles.
The constitutional validity of the 24th, 25th and 29th Amendments was challenged in the
Fundamental Rights Case (1973). Six senior judges of the Supreme Court held as follows :
1. Parliament's amending power is limited. Parliament cannot, in the exercise of its amending
power, alter the basic structure or framework of the Constitution.
2. The court's jurisdiction cannot be ousted as is sought to be done by Article 31C.
In this case it has been expressly held that the right to property is not a part of the basic structure
of the Constitution and therefore any amendment can be made to the Constitution in total
disregard of the right to property.
4. Fourth Stage : 1976-1980 (Fundamental Rights as Subordinate to Directive Principles)
In 1976, in the period of Emergency, the Parliament passed the controversial 42nd Constitutional
Amendment Act. The Act inter alia gave preponderance to the Directive Principles of State
Policy over the Fundamental Rights.
Notwithstanding, the decision of the Supreme Court in Keshvananda Bharti Case, the 42nd
Amendment amended Article 31(c) and fundamental rights guaranteed by Articles 14, 19 and 31
were subordinated to all the Directive Principles of State Policy mentioned in Part IV. This was a
fundamental change in the Constitution because it has completely changed the relationship
between Fundamental Rights and Directive Principles.
5. Fifth Stage : 1980-2005 (Superiority of Fundamental Rights)
The 42nd Amendment has provided superior position to the Directive Principles. It stated that no
law passed to give effect to all or any of the Directive Principles of the State Policy enumerated
in Part IV of the Constitution could be challenged in any court even if it infringed Articles 14, 19
and 31 provisions dealing with the right to equality, right to seven freedoms and right to property.
The blanket manner in which the Directive Principles were given precedence over the
Fundamental Rights, was criticised even by men like Shriman Narayan and Dr. K.V. Rao.
Therefore, the Janata Government made an attempt to restore the balance that had been upset in
this respect. The 45th Constitution Amendment Bill (1978) sought to restore the constitutional
position as it existed before the Emergency with regard to the Directive Principles. But due to the
Congress dominance in the Rajya Sabha, it could not be carried out.
In Minerva Mills Case15 (1980) some of the provisions of the 42nd Amendment Act were
challenged in the Supreme Court. While leaving untouched theFUNDAMENTAL RIGHTS .... PRINCIPLES
OF STATE POLICY
147
validity of the substantive part of Article 31C as originally enacted, the Supreme Court in its
judgment struck down section 4 of the 42nd Amendment Act which in effect provided that all
laws which have a nexus with any Directive Principles of State Policy in Part IV of the
Constitution could with impunity ride roughshod over the fundamental rights conferred by
Articles 14 and 19.
The Supreme Court has held that to abrogate the Fundamental Rights which purporting to give
effect to the Directive Principles is to destroy one of the essential features of the constitution.
Conclusions
However, inspite of the Minerva Mills Judgment, Fundamental Rights mentioned in Articles 14
and 19 have been made subordinate to clauses (b) and (c) of Article 39 of the Directive Principles
by 25th amendment. Further, Article 31, i.e., right to property which was the main cause of
controversy, has also been abolished by 44th Amendment in 1978. Also, the courts have always
not come in the way of implementation of Directive Principles. In fact, of late, in many cases, the
Supreme Court has not only supported the need for speedy implementation of the Directive
Principles but has itself taken the initiative for the same. M.V. Pylee observes, "Of late, the Court
has been adopting a policy of judicial activism by which it upholds the spirit of Directive
Principles in several of its decisions."
Nevertheless, the issue of Fundamental Rights versus Directive Principles of State Policy needs
to be clarified. In the well-known case A.K. Gopalan vs. the State of Madras (1950) Fundamental
Rights were held as paramount. In 1959, the Supreme Court described them as 'inalienable and
inviolable'. In case of conflict between Directive Principles and Fundamental Rights, the latter are
enforced by courts. But several Directive Principles have not been implemented, such as the one
(Article 45) requiring provisions for free and compulsory education for all children up to the age
of 14. To that extent, the aim of an egalitarian society has not been achieved. Steps should be
taken to make implementation to more and more Directive Principles obligatory.
REFERENCES
1. V. S. Deshpande, "Rights and Duties under the Constitution" in J.I.L.I. Vol. 15, 1973, pp. 99-100.
2. V.S. Deshpande, "People and the Constitution" in Journal of The Indian Law Institute, Vol. 16, 1974, p. 4.
3. Allen Gledhill, The Republic of India, p. 161.
4. M.V. Pylee, India's Constitution, p. 169.
5. J.R. Siwach, Dynamics of Indian Government and Politics, p. 67.
6. State of Madras us. Champakam Dorirajan, 1951 S.C.R. 525.
7. Mohd. Hanif Quareshi and Others vs. State of Bihar and Others, A.I.R. 1958, S.C. 731.
8. A.I.R. 1958, S.C. 956.
9. L. Venkataraman Aiyer, The Evolution of the Indian Constitution, 1970, p. 113.
10. Kameshwar Singh vs. State of Bihar, A.I.R. 1951, Pat. 91.
11. Suryapal Singh vs. The U.P. Government, A.I.R. 1951, All, 574.
12. Ganapatrao Pande vs. State, 1953 Nagpur.
13. State of West Bengal us. Bela Banerjee, 1954, S.C.R. 558.
14. Golak Nath us. State of Punjab (1967) (2) S.C.R. 762 to 888.
15. Minerva Mills Ltd. vs. Union of India, A.I.R. 1980, S.C. 1789.

IChapter 12
FUNDAMENTAL DUTIES
A duty is an obligation. A man is said to have a duty in any matter, when, he is under an
obligation to do or not to do something. It is something we owe to others as social beings. My
right of living involves my duty to my fellowmen to allow them the same condition of life. What
is a right in regard to one's self is a duty in regard to others. They are two aspects of the same
thing. If one looks at them from one's own point, they are rights. If one looks at them from the
standpoint of others, they are duties.
It has been rightly said that 'Duties' and 'Rights' are the two sides of the same coin. They are the
same things viewed from different angles. The condition of duty of one individual becomes the
condition of right of others in society. Today in a democratic society, a right is not regarded as an
act of grace, mercy or charity from government, but as a legitimate wish of the individual for his
own good and for the good of others. Rights are now regarded by the citizens as their claims
which they fight for.
But the enjoyment of rights involves fulfilment of certain obligations. Rights imply duties; rights
and duties are correlative. The two go hand in hand. There is a common tendency on the part of
the individual to be more aware of his rights than of his obligations towards his fellow citizens
and the community. It is necessary to remember that the individual possesses and is able to
exercise his rights only as a member of an organised community. He needs the laws and authority
of the state to protect the privileges which his rights confer upon him. It follows logically from
this that the individual owes some duties to the state. Laski has described the relation between
rights and duties in its three aspects: Firstly, it is the imperative duty of a citizen to use his rights
in such a way as contribute to social richness; Secondly, the enjoyment of his rights by an
individual enjoins on him the duty to let others enjoy the same rights; Thirdly, since the state
protects my rights, therefore, it is my duty to perform my obligations towards it. 1
M.K. Gandhi attaches far greater importance to duties than to rights. Rights are the opportunity
for self-realization. The way to self-realization is the realization of one's spiritual unity with
others by serving them and doing one's duty by them. Thus every right is the right to do one's
duty. To quote Gandhiji
".......the right to perform one's duties is the only right that is worth living for
and dying for. It covers all legitimate rights." Further, if a right is demanded or recognised
without the claimant possessing the capacity to perform the corresponding duty, the purpose of
the right is not attained and the right can not be sustained. In his address to Kathiawad Political
Conference (1925),
Gandhiji remarked, "The true source of right is duty.......if we all discharge our
duties, rights will not be far to seek....." The same teaching has been embodied FUNDAMENTAL DUTIES
149
by Krishna in the immortal words : "Action alone is thine. Leave thou the fruit severely alone :
Action is thy duty; fruit is thy right."
FUNDAMENTAL DUTIES : A SOCIALIST TRADITION
The constitutions of most Western States give a prominent place to the rights of the citizen but
make no mention of his duties. This, for example, is the case with the constitution of the U.S.A.
Japan is, perhaps, the only country which has adopted the Western model of liberal democracy
and has also included a number of basic duties in its constitution. Following the example set by
the U.S.S.R., the constitution of socialist states, on the contrary, give equal importance to the
fundamental rights and duties of their citizens.
Thus, the Soviet Constitution declares that the "citizen's exercise of their rights and freedom is
inseparable from the performance of their duties and obligations." While conferring upon Soviet
citizens the right to work, it provides that "it is the duty of, and a matter of honour for, every able
bodied citizen of the U.S.S.R. to work conscientiously in his chosen, socially useful occupation."
The constitution also lays it down that "a citizen of the U.S.S.R. is obliged to respect the rights
and lawful interest of other persons, to be uncompromising towards anti-social behaviour, and to
help maintain the public order." The citizen has a general duty "to observe the constitution of the
U.S.S.R. and Soviet laws, comply with the standards of socialist conduct and uphold the honour
and dignity of Soviet citizenship." Citizens of the U.S.S.R. are also obliged "to preserve and
protect socialist property" and "to preserve and protect nature and conserve its riches." In much
the same way as in the Soviet Union, the Constitution of Yugoslavia provides that "freedoms and
rights shall be achieved in solidarity among the people by the fulfilment of their duties towards
each other."2
RECOMMENDATIONS OF THE SWARAN SINGH COMMITTEE
The Constitution of India did not incorporate any chapter of fundamental duties. The
Fundamental Rights which were given to the citizens were incorporated in Part III of the
Constitution. It was during the period of internal emergency declared in 1975 that need and
necessity of fundamental duties was felt and accordingly a committee under Sardar Swaran Singh
was appointed to make recommendations about Fundamental Duties. The Committee emphasised
the inclusion of a chapter on fundamental duties in the Constitution so that the people of India
became quite conscious that in addition to rights they also had certain duties to perform as well.
The committee proposed that "the Parliament may by law provide for the imposition of such
penalty or punishment as may be considered appropriate for any non-compliance with or refusal
to observe any of the duties." The Committee had also recommended that duty to pay taxes
should also be fundamental duty of the citizens. But these recommendations were not accepted by
the Congress Party.3
FORTY-SECOND AMENDMENT ACT AND FUNDAMENTAL DUTIES
As a result of the 42nd amendment carried out in 1976, the Indian Constitution has incorporated a
set of fundamental duties of citizens in a separate part added to Chapter IV (Article 51-A). The
Fundamental Duties are ten in number. Under this Article, it shall be the duty of every citizen of
India.4
(a) to abide by the Constitution and respect the National Flag and the National Anthem;
(b) to cherish and follow the noble ideas which inspired our national150
INDIAN GOVERNMENT AND POLITICS
(c) to protect the sovereignty, unity and integrity of India;
(d) to defend the country;
(e) to promote the spirit of common brotherhood amongst all the people of India;
(f) to preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment;
(h) to develop the scientific temper and spirit of inquiry; (i) to safeguard public property;
(j) to strive towards excellence in all spheres of individual and collective activity.
By 86th Constitutional Amendment Act, 2002 in Article 51A of the constitution after clause (j)
the following clause has been added, namely :
"(k) who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years."
CRITICAL APPRAISAL OF FUNDAMENTAL DUTIES
Fundamental Duties are inserted in Article 51A (Part IV), just after the Directive Principles of
State Policy. Since this part was not added after Fundamental Rights but after Directive Principles
of State Policy, it became clear that intention of the 42nd Amendment was to keep these duties at
par with the Directive Principles and not with Fundamental Rights.
As regards legal utility of these duties, D.D. Basu is of the view that, "the legal utility of the
fundamental duties is similar to that of the Directives as they stood in the Constitution of 1949,
while the directives were addressed to the state without any sanction, so are the duties addressed
to the citizens, without any legal sanction for their violation.'
This part of the Constitution which deals with fundamental duties has certain inherent
weaknesses. The duties enumerated are so vague that it is usually difficult to have their
universally acceptable definitions and thus these can be interpreted in the way one would like to
interpret these. One of the duties of the citizens is to follow the noble ideals which inspired our
freedom struggle. Every one knows that during India's freedom struggle different means and
methods were adopted and every section of the society which participated in this struggle had his
own ideals, though ultimate goal was that the nation should get freedom. Thus, the 'noble ideal' is
both very vague and undefinable. Then we come to another duty which says that every citizen of
India will value and preserve the rich heritage of our composite culture. A question that can be
asked is as to which is India's composite culture. Though India takes pride in her ancient Indian
culture and civilisation, yet nowhere and so far none has prepared a brief as to what is India's
composite culture, of which she feels proud of. Then all what has been said in Article 51A is very
vague namely 'to develop scientific temper, humanism and spirit of inquiry' It is very difficult to
define scientific temper, humanism, or spirit of inquiry.
C.K. Daphtary, while opposing the inclusion of fundamental duties said that more than 99.9 per
cent of the citizens were law abiding. What was the need to tell them to do their duty, unless the

Government thought that they were not doing their duty?

FUNDAMENTAL DUTIES
m
151
Of course, there is no provision in the Constitution for direct enforcement of any of these duties
nor for any sanction to prevent their violation. But it may be expected that in determining the
constitutionality of any law, if a court finds that it seeks to give effect to any off these duties, it
may consider such law to be 'reasonable' in relation to Article 14 or 19 and thus save such law
from unconstitutionality. It would also serve as a warning to reckless citizens against anti-social
activities such as burning the Constitution, destroying public property and the like. 6
The National Commission to Review the working of the Constitution recommends that the first
and foremost step required by the Union and State Governments is to sensitise the people and to
create a general awareness of the provisions of fundamental duties amongst the citizens on the
lines recommended by Justice Verma Committee on the subject.7
The Commission also recommends that the following should be incorporated as
fundamental duties in article 51Aof the Constitution :
The Verma Committee (HRD Ministry, GOI, 1999) on Fundamental Duties said, "Essentially all that is
contained in the Fundamental Duties is just a codification of tasks integral to the Indian way of life. A close
scrutiny of the clauses of Article 51A indicate that a number of these clauses basically refer to such values
as have been a part of the Indian tradition, mythology, religions and practices.
The Supreme Court of India has in several cases relied on Fundamental Duties contained in Article 51A to
determine the duty of the state, and when necessary, give directions or frame guidelines to achieve the pur-
pose. This has been done in several cases relating to preservation and conservation of environment, ecology
and prevention of degeneration of forests, wildlife, flora and fauna, etc.
For the implementation of at least some of the fundamental duties of citizens as the Verma Committee
stated, legal provisions exist: The Emblems and Names (Prevention of Improper Use) Act 1950, The
Prevention of Insults to National Honour Act. 1971, etc.
(i)
(ii)
To foster a spirit of family values and responsible parenthood in the
matter of education, physical and moral well being of children.
Duty of industrial organisations to provide education to children of
their employees.
In brief, the incorporation of fundamental duties in the Constitution was an attempt to balance the
individual's civic 'freedoms' with his civic obligations and thus, to fill a serious gap in the
Constitution.
REFERENCES
1. Laski, A Grammar of Politics, p. 211.
2. K. R. Bombwall, Foundations of Political Science, p. 47. Hans Raj, Indian Political System, pp. 107-8.
Article 51 A.
D. D. Basu, Constitutional Law of India, p. 144.
D. D. Basu, Introduction to the Constitution of India, p. 131.
See Annexure 1 to the Consultation Paper on "Effectuation of Fundamental Duties of
Citizens" in Volume II (Book 1) of the Report of the National Commission to Review the
Working of the Constitution.
IChapter 13
RIGHT TO PROPERTY
FROM FUNDAMENTAL TO LEGAL RIGHT
One of the toughest battle, K. M. Munshi has written, was fought among the Constitution makers
as to whether the right to property should be treated as a fundamental right to be incorporated in
the Constitution or not.1 There were two schools of thought: One held that as property was a
changing concept, the right relating to it should be left to the unfettered discretion of Parliament;
but the other felt that it was essential for the democratic society which the Constitution wanted to
secure for India, to treat the right to private property as a fundamental right. A great deal of
excitement was caused in the Constituent Assembly over the issue; should the Fundamental Right
to be embodied in the Constitution guarantee fair payment for private property acquired by the
state and should the right be made justiciable? The Nehru-Pant forces, which held that the
Legislature must be supreme, fought against the Matthai-led group, which believed, in Matthai's
words, that 'if the credit of the country was to be maintained, there must be specifically adequate
compensation.' In the long run, a compromise formula was evolved, thanks to Mr. John Matthai,
the then Finance Minister of India, which was embodied in the Constitution as Article 31. 2 Patel
stood rock like for the Fundamental Rights adopted by the Congress Party under his Presidentship
in 1931 in Karachi. After a prolonged tug-of-war Patel won and the result was the provision for
Article 31.
Nehru may or may not have believed that Article 31 would stand the test of time, that it was
adequate to India's social needs as he saw them. He may have accepted the compromise because
he could move Patel to further. In any case the first move to amend Article 31 began within five
months of Patel's death and there have been several subsequent amendments to the property
provision.4
PROVISIONS FOR PROPERTY RIGHTS IN THE CONSTITUTION
The Constitution of 1950 had a two-fold provision for safeguarding the right of Private Property.
It not only guaranteed 1,he right of private ownership but also the right to enjoy and dispose of
porperty free from restrictions other than reasonable restrictions.
Firstly, it guaranteed to every citizen the right to acquire any property by any lawful means such
as inheritance, personal earning or otherwise, to hold it as his own and to dispose of it freely,
limited only by (a) reasonable restrictions to serve the exigencies of public welfare, and (b) any
other reasonable restrictions that may be imposed by the state to protect the interests of any
Scheduled Tribe [Article 19(1X0].RIGHT TO PROPERTY .... LEGAL RIGHT
153
Secondly, Right to Property was made a fundamental right under the Article 31, as originally
passed reads as follows: No person shall be deprived of his porperty save by authority of law
[Article 31(1)1.
Article 31(2) : If the state wants to acquire the private property of an individual or to requisition
(that is, to take over its possession for a temporary period, it could do so only on two conditions:
(a) that the acquisition or requisition is for a public purpose: (b) that when such a law is passed, it
must provide for payment of compensation to the owner either by fixing the amount of the
compensation or by specifying the principles upon which it is to be determined and given.
Article 31(3) : No such law as is referred to in clause (2) made by the Legislature of a state shall
have effect unless such law, having been reserved for the consideration of the President, has
received his assent.
Article 31(4): If any Bill pending at the commencement of this Constitution in the Legislature of
a state has, after it has been passed by such Legislature, been reserved for the consideration of the
President and has received his assent, then, notwithstanding anything in this constitution, the law
so assented to shall not be called in question in any court on the ground that it contravenes the
provisions of clause.
Article 31(5) : Nothing in clause (2) shall effect: (a) the provision of. any existing law other than
a law to which the provisions of clause (6) apply, or (b)the provisions of any law which the state
may hereafter make—(i) for the purpose of imposing or levying any tax or penalty, or (ii) for the
promotion of public health or the prevention of danger to life or property, or (hi) in pursuance of
any agreement entered into between the Government of the Dominion of India or the Government
of India and the Government of any other country, or otherwise, with respect to property declared
by law to evacuee property.
Article 31(6) : Any law of the state enacted not more than eighteen months before the
commencement of this constitution may within three months from such commencement be
submitted to the President for his certification, and thereupon, in the President by public
notification so certifies, it shall not be called in question in any court on the ground that it
contravenes the provisions of clause (2) of this Article or has contravened the provisions of sub-
section (2) of section 299 of the Government of India Act, 1935.
Thus, the framers adopted the theory enunciated by the American jurists of "Eminent Domain"
which meant that irrespective of the wishes of the owner, Property might be taken or its use might
be controlled for public benefit by the authority of law on payment of compensation. 5 Thus, the
state was allowed to take over private property by the authority of law, but it could do so only for
a ptiblic purpose and after payment of compensation.6
ZAM1NDARI ABOLITION LAWS AND THE QUESTION OF COMPENSATION
While the Constitution thus affords protection to private property in general, it declared under
clauses (4) and (6) that the validity of certain specific laws affecting property rights shall not be
challenged in any court on the ground that they violated the safeguards detailed above. These
were laws which abolished the Zamindari system or absentee landlordism in different states. The
object of this special provision was to remove any uncertainty and make safe the main agrarian
reform which sought to do away with this evil system and thwart the attempts of the landlords to
fight these laws through the courts154
INDIAN GOVERNMENT AND POLITICS
The special protection given to the various Zamindari abolition laws, however did not prove to be
of much avail. Soon after the inauguration of the Constitution the Zamindars tested the validity of
these laws against some of the fundamental rights. The first round of the battle was fought in the
High Courts of Patna, Allahabad and Nagpur. In the Patna High Court they succeeded in getting
the Bihar Land Reforms Act, 1950 declared invalid. The Allahabad High Court, however, found
the U.P. Zamindari Abolition and Land Reforms Act, 1950 valid in all respects. But the
Zamindars were not disheartened. They carried the battle to the Supreme Court in appeal.
AMENDING THE PROPERTY ARTICLE The Constitution First Amendment Act, 1951
The Constitution First Amendment Act, 1951 was adopted in view of the concern of Parliament
to protect agrarian reforms legislation in Bihar, Madhya Pradesh and Uttar Pradesh from
challenge in the courts. Litigation was pending in the courts challenging the validity of these
legislations as a result of which these measures could not be implemented. The hurdles arising
out of the dilatory litigation were overcome by the Constitution (First Amendment) Act, 1951.
The amendment became indispensable for achieving the objective of agrarian reforms which was
relatable to the directive principles contained in Article 39 of the Constitution. This amendment
inserted Articles 31A and 31B in the Constitution. Article 31A provides that no law providing for
the acquisition by the state of any estate or of any rights therein shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridges any of the rights conferred by any
provisions of Part III. Article 31B validated thirteen Acts and Regulations specified in the Ninth
Schedule to the Constitution which would have been liable to be impugned under Article 13(2),
but for such a provision. These Acts and Regulations were made beyond the pale of challenge as
being violative of Articles 14, 19 and 31 of the Constitution.
The Constitution Fourth Amendment Act, 1955
By 1952, the court finally disposed of the appeals which at last put the stamp of final authority on
these hotly contested legislative measures. But the court had a different view about the term
'compensation'. Although the constitution does not say 'just' or 'full' or 'adequate' compensation,
the court said that compensation here meant just compensation determined on the basis of the
market value of the property acquired. In Mrs. Bela Banerjee vs. State of West Bengal, the court
went a step further and said: "While it is true that the legislature is given the discretionary power
of laying down the principles which should gevern the determination of the amount to be given to
the owner for the property appropriated, such principles must ensure that what is determined as
payable must be compensation, that is, a just equivalent of what the owner has been deprived of."
Such judicial pronouncements had far reaching consequences. They showed that legislation on
social and economic welfare which necessitated the acquisition of various forms of private
property, was virtually impossible because of the prohibitive cost involved in the payment of
compensation. The result was the Fourth Amendment of 1955.
The Fourth Amendnlent clarifies the position that though compensation is payable for land
compulsorily acquired, the quantum of compensation was for the legislature to determine and that
the question of adequacy of compensation was outside the pale of judicial review. Secondly, the
meaning of compulsory acquisition or requisitioning of property was also clarified by inserting
Article 31(2A) by which a law which does not provide for the transfer of ownership orRIGHT TO
PROPERTY .... LEGAL RIGHT
155
right to possession of the property to the state or to a corporation owned or controlled, by the state
shall be deemed to be a law for compulsory acquisition or requisitioning of property, as
contemplated in Article 31(2) of the Constitution. Thirdly, further alterations in article 31B were
made whereby certain types of laws have been protected against articles 14, 19 and 31. Seven
more Acts were also added to the Ninth Schedule.
The Constitution Seventeenth Amendment Act, 1964
The Constitution Seventeenth Amendment Act, 1964 came to be adopted in the wake of certain
judicial pronouncements which did not accord with the intention of the framers of the
Constitution. In Karimbil Kunhikoman's case, the Supreme Court had to consider the
constitutional validity of the Kerala Agrarian Relations Act, 1961. The Act was challenged by the
petitioners who were ryotwari pattadars having arecanut and pepper plantations. It was held that
properties held on Ryotwari tenure and the interest of the ryot in such land would not be estates
for the purpose of article 31A(2)(a) of the Constitution. In Krishnaswami Naidu's case, where the
constitutionality of the Madras Land Reforms (Fixation of Ceiling of Land) Act, 1961 was
challenged, the Supreme Court reiterated its view that lands in ryotwari settlement areas are not
'estates'.
The difficulties arising out of the aforesaid judicial pronouncements were got over by the
Seventeenth Amendment. By this Amendment, the definition of 'estate' as contained in article
31A(2)(a) was enlarged so as to cover any land held under ryotwari settlement as well as other
lands in respect of which provisions are normally made in land reform legislation. Secondly,
forty-four more Acts relating to land reform were also inserted in the Ninth Schedule.
The Golak Nath Case : The next important landmark in the history of our constitutional law is the
Golak Nath's case where the power of Parliament to amend the Constitution so as to take away or
abridge fundamental rights was called in question. The implication of the majority judgment in
Golak Nath's case is that any amendment of Part III could not be made only in so far as it did not
take away or abridge any of the right conferred by that part. Following the 'Golak Nath' decision,
the Supreme Court pronounced its judgment in the Bank Nationalisation Case in 1970. These
decisions had a direct impact on the Constitution (Twenty-fourth Amendment) Act, 1971 and the
Constitution (Twenty-fifth Amendment) Act, 1971.
The Constitution Twenty-fourth Amendment Act, 1971
The Constitution Twenty-fourth Amendment Act, 1971 was passed to get over the difficulty
resulting from the Golak Nath Case. By this amendment it was declared that Parliament has
power to amend any provision of the Constitution, including those contained in Part III. The
amendment became necessary in order to give effect to the Directive Principles and for the
attainment of the objectives set out in the Preamble to the Constitution.
The Constitution Twenty-fifth Amendment Act, 1971
The Constitution Twenty-fifth Amendment Act, 1971 was adopted with a view to surmount the
difficulties placed in the way of giving effect to the Directive Principles by the interpretation of
the Supreme Court of Article 31 of the Constitution in Bank Nationalisation Case. In that case,
the Court held that the Constitution guarantees right to compensation, that is, the equivalent in
money of the property compulsory acquired. Thus, in effect, the adequacy of compensation and
the relevancy of the principles laid down by the Legislature .„,,„+ nfr.rarmpn5at.inn virtuallv
became justiciable since
-- •- — !____i/U,_____________.,,^,v uuvtHNMENTAND POLITICS__________________________
the court could go into the question whether the amount paid to the owner of the property was
reasonable as compensation for loss of property.
By the amendment the word 'compensation'in Article 31(2) was replaced by the word 'amount'. It
was also clarified that Article 19(l)(f) shall not apply to any law relating to acquisition or
requisitioning of property for a public purpose. The amendment also introduced a new Article
31C to the Constitution which provides that if any law is passed to give effect to the Directive
Principles contained in clauses (b) and (c) of Article 39 and contains a declaration to the effect,
such law shall not be deemed to be void on the ground that it takes away or abridges any of the
rights contained in Articles 14, 19 or 31 and shall not be questioned on the ground that it does not
give effect to those principles. The Constitution Twenty-ninth Amendment Act, 1972
In 1969, the Kerala State Legislature passed the Kerala Land Reforms Act which stipulated that
the Government was not obliged to pay compensation at the market value if a self-cultivated
land-holding within a prescribed ceiling was taken over by the state. A judgment of the Supreme
Court on this case created embarrassment for the Government, and in order to get out of this the
Union Government brought forth the Constitution (Twenty-ninth Amendment) Bill, 1971 and
pushed it through Parliament. It came into force in June 1972. The Kerala Land Reforms
(Amendment) Act, 1969 and the Kerala Land Reforms (Amendment) Act, 1971 were included in
the Ninth Schedule to the constitution and were accorded protection. The Fundamental Right
Case
In the Fundamental Right Case (Kesavananda vs. State of Kerala) the Supreme Court held as
follows: (a) Parliament's amending power is limited, while Parliament is entitled to abridge any
fundamental right or amend any provision of the Constitution, the amending power does not
extend to damaging or destroying any of the essential features of the Constitution; (b) Article 31C
is void since it takes away invaluable fundamental rights, even those unconnected with property.
The court's jurisdiction cannot be nn«w be done by Article 31C '
___. „* uic constitution; (b) Article 31C
.. .,.++^ iv Ltuses away invaluable fundamental rights, even those unconnected with property.
The court's jurisdiction cannot be ousted as is sought to be done by Article 31C. 7
The Constitution F«I-#..-------- -
___. ,,»i,n property. 1 ___
be done by Article 31C.
The Constitution Forty-second Amendment Act, 1976
Undaunted by Kesavananda, Parliament enlarged scope of Article 31C, by the 42nd Amendment
Act, 1976, by including within its protection any law to implement any of the Directive Principles
enumerated in Part IV of the Constitution not merely in Article 39(b)-(c). As a result of this, if
any law of acquisition was made with the object of giving effect to any of the Directives, the
reasonableness of such a law cannot be questioned under Article 14 or 19.
The Constitution Forty-fourth Amendment Act, 1978: Right to Property is declared as Legal Right
While the Congress Government for over a quarter of a century had eaten into the vitals of Article
31 by successive amendments, as outlined above, it was left for the Janata Party Government to
eliminate the right to property altogether from the list of Fundamental Rights in Part III. This has
been effected by the 44th Amendment Act, 1978. Of course, the provision in Article 31(1) has, by
the same amendment, been transposed to a new article—Article 300A, which is outside Part III
of the Constitution and has been labelled as 'Chapter IV of Part XII'—but that is not a
fundamental right.
According to the 44th Amendment Act (a) Article 19(l)(f) has been repealed; (b) Article 31(1)
has been taken out of Part III, and made a separate Article, viz., 300A, which reads as follows:

RIGHT TO PROPERTY .... LEGAL RIGHT

157
"No Person shall be deprived of his property save by authority of Law." The result, in short, is
that if an individual's property is taken away by a public official without legal authority or in
excess of the power conferred by law in this behalf, he can no longer have speedy remedy direct
from the Supreme Court under Article 32 (because the right under Article 300Ais not a
fundamental right). He shall have to find his remedy from the High Court under Article 226 or by
an ordinary suit.
The short argument advanced in the statement of objects and reasons of the 45th Amendment Bill
for deleting the fundamental right to property is that it was only being converted into a legal right.
Conclusions
Thus, the right to property, which had been occasion for more than one amendment, has been
taken out from the list of Fundamental Rights and has been declared a legal right. Article 19(l)(f)
stands deleted and Article 31 omitted. Article 31(1) re-appears as a new Article 300A saying that
no person shall be deprived of his property save by authority of law. Thus, a law is necessary to
deprive a person of his property, but the content of law is within legislative discretion.
The National Commission to Review the working of the Constitution recommends that Article 300-A
should be recast as follows :
"300-A (1). Deprivation or acquisition of property shall be by authority of law and only for a public
purpose. (2) There shall be no arbitrary deprivation or acquisition of property :
"Provided that no deprivation or acquisition of agricultural, tourist and non-urban homestead land
belonging to or customarily used by the scheduled castes and the scheduled Tribes shall take place except
by authority of law which provides for suitable reinvitation scheme before taking possession of such land."
The removal of the right to property from the fundamental rights and its retention as a mere legal
right is, in fact, the logical conclusion of the process that started during Nehru's regime. In view
of the fact that the right to property, as a fundamental right, had caused so much controversy or
conflict (even conflict between Parliament and Judiciary), its removal from Part III is welcome. It
now conforms to the socialist philosophy. It makes easy for any future government, having
pronouncedly socialist inclinations, to go ahead with its radical programme in the socio-economic
spheres.
REFERENCES
1. K.M. Munshi, Kulpati's letter in Bhavan's Journal, Vol. X, No. 18, March 29, 1964.
2. John Matthai could not hold the finance portfolio, if due to the absence of a right to property in the Constitution, an
impression was created in the world of international finance that India did not propose to respect property rights.
(Kulpati's letter in Bhavan's Journal, March 29. 1964).
3. Durga Das, From Curzon to Nehru and After (Delhi, 1974), p. 273.
4. Grnnville Austin, The Indian Constitution: Cornerstone of a- Nation (Oxford, 1976), p. 99.
5. See Nicholas, Eminent Domain, Vol. I, p. 2; Also, A. Gledhill, Fundamental Rights in India, p. 106.
6. See Kameshwar Singh of Darbhanga vs. State of Bihar, A.I.R. 1950.
7. N.A. Palkhivala, Our Constitution Defaced and Defiled (Bombay, 1974), p. 147.
8. Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), pp. 119-120.
^---------!-;„„ «f 4-V.o P.nnsHtntion. Chapter 14
THE IDEOLOGY OF THE
CONSTITUTION
The Constitution provides not only the structure of the machinery of government but is also
pervaded by the ideology of its makers. This is particularly true of the makers of the Indian
Constitution, the majority of whom were persons who participated in the struggle for freedom. It
does not, however, embody a single ideology. It is an attempt at a reconciliation of four different
ideologies. The liberal-democratic ideology, socialist ideology, Gandhian ideology and ideology
of federalism.1
1. The Liberal-Democratic Ideology : The liberal-democratic ideology emerges in the West
around the 17th century and finds its justification in the political ideas of Hobbes, Locke,
Bentham and Mill. Liberals in India believed that economic development in terms of
industrialisation of the country meant merely following the industrial model of the West; that the
survival of India as a nation was tied up with the imperative of growth on Western lines. A
concern for rights of the individual, especially rights to property, for democratic institutions,
independence of the judiciary and a free press is their legacy. The principal leaders of the
Constituent Assembly, Dr. Ambedkar, Shri Alladi Krishnaswami Iyer, Dr. K. M. Munshi and
Shri N. Gopalaswami Iyengar and others were devoted adherents of liberal-democracy. Their
crowning achievement was the adoption of the present constitution which is almost an essay in
liberal ideology. The enormous influence of liberals in the making of the Indian Constitution can
be gauged from the fact that the liberal-democratic ideology enshrined in the Constitution was
adopted almost unanimously by the Constituent Assembly. The Westminister System of
parliamentary democracy was accepted without anyone seriously canvassing for an alternative
system. Its basic features are individual liberty, rule of law and responsible government. It had all
the time been argued that since this system had been in operation since the implementation of the
policy of Association started in 1862, Indians had already acquired training in its functioning.
The Minto-Morley Reforms of 1909 and Montague-Chelmsford Reforms of 1919 and the
Government of India Act of 1935 had all gradually pushed India towards Parliamentary form.
The adoption of the Constitution of India was regarded as merely the completion of this process. 2
2. The Socialist Ideology. Jawaharlal Nehru had been passionately advocating the socialist
ideology from the 1939s. He disliked the violent and dictatorial aspects of Marxism. He believed
in the social aspects of socialism and felt confident that they could be reconciled with the
democratic form of government. Many of the younger members of the Constituent Assembly
supported him and they exercised considerable influence in the Constituent Assembly. THE
IDEOLOGY OF THE CONSTITUTION
159
Although the word 'Socialism' has not been used in the original Constitution, yet the essence of
the Philosophy of Socialism is inherent in it in the form of establishment of a society based on
equality, economic justice and non-exploitation. Sir Ivor Jeanings claims that the ghosts of
Sidney and Beatrice Webb stalk through the pages of the entire text of the Directive Principles of
State Policy and this part of the Constitution expresses Fabian socialism without the word
'socialism', for only the nationalisation of the means of production, distribution and exchange is
missing.3
The provisions of the Constitution dealing with the Preamble of the Constitution, the
Fundamental Rights, the Directive Principles, the special provisions for the scheduled castes and
the scheduled tribes, the schedules V and VI of the Constitution, dealing with fair-play and justice
to the scheduled tribes and those who live in the Tribal areas or the Scheduled areas, aim directly
at achieving and furthering the goals of the Social Revolution or attempt to foster the Social
Revolution—the provisions necessary for establishing and reconstructing. The core of the
commitment to the Social Revolution lies in these provisions of the Constitution for establishing
Social Justice as the foundation of the Indian society. The Indian Constitution is, therefore, the
Charter of Social Justice.
The term "economic justice" in Preamble denotes nothing but India's resolve to bring socio-
economic revolution. The Directive Principles, particularly Article 39(b) and (c) of the
Constitution are charters of social and economic liberties of the people.
In fact, the goal envisaged by the Constitution is that of a 'Welfare State' and the establishment of
a 'socialist state'. At the Avadi session in 1955, Congress explained this objective as a 'socialist
pattern of society'. The goal of the Indian polity is 'socialism' has since been ensured by inserting
the word 'socialist' in the Preamble, by the Constitution (42nd Amendment) Act, 1976. It is to be
noted, however, that the 'socialism' envisaged by the Indian Constitution is not the usual scheme
of state socialism which involves 'nationalisation' of all means of production and the abolition of
private property. As the then Prime Minister Indira Gandhi observed, "We have always said that
we have our own brand of socialism. We will nationalise the sectors where we feel the necessity.
Just nationalisation is not our type of socialism."
India's socialism is, however, a democratic socialism and not a 'communist socialism'. For this
purpose, the Preamble has combined both the words Socialism and Democracy in the Preamble.
In D. S. Nakara vs. Union of India, the Supreme Court has held that the basic framework of
socialism is to provide a decent standard of life to the working people and especially provide
security from cradle to grave. This amongst others on economic side envisaged economic
equality and equitable distribution of income. This is a blend of Marxism and Gandhism leaning
heavily towards Gandhian Socialism.
3. The Gandhian Ideology : The third ideology which made its contribution was that of Mahatma
Gandhi. Unfortunately, its influence was not as great as might have been expected. The reason
was the Mahatma himself. As early as 1928 when the draft constitution drawn up by a committee
with Pandit Motilal Nehru as Chairman and Pandit Jawaharlal Nehru as secretary was discussed
in the A. I. C. C. meeting, Gandhiji stated that his mind refused to be concerned with the details
of Constitution making and he left it to constitutional experts "" '" ' n -:—- Un "'"= "'onarprl
t,n acceDt though he might not160
INDIAN GOVERNMENT AND POLITICS
agree with some of the proposals. Consequently, with this view, he refused to join the Constituent
Assembly. But there were many Gandhians in the Assembly and they did succeed incorporating
some of the basic teachings of Gandhiji like the abolition of untouchability, the abolition of drink,
equality of women, the importance of village panchayats and rural cottage industries. M.V. Pylee
has very rightly observed, "Provisions dealing with village panchayats, cottage industries,
prohibition, protection against cow-slaughter, scheduled castes, scheduled tribes and other
socially and educationally backward classes, are all formally and essentially Indian and some of
these were the cherished ideas for the recognition of which Gandhiji had striven throughout his
life."4
On the other hand, Professor V. R. Merita observes that "While the Congress Party was organised
in terms of a Gandhian Model of National aggregation of all the relevant interests, including
capitalists and peasantry, the Constitution which it adopted was almost non-Gandhian." J Gandhi
had envisaged a society in which man would lead a moral life, would follow the duties of his
station and right conduct, this state would be organised around the panchayats and cottage
industries. Indeed he believed that in the end the state would disappear and give place at a
classless society in which there would be no coercion.
The entire debate in the Constituent Assembly took place in the context of Euro-American
constitutional precedents and the Constitution was consciously based on the Westminister model.
"A Gandhian Constitution", writes Austin, "Seems not to have been given a moment's thought." 6
4. The Ideology of Federalism : The Montague-Chelmsford Reforms of 1919 contemplated
federalism as the appropriate constitutional basis for India. This idea was carried further in the
Government of India Act of 1935 which provided for a federal government but seriously
circumscribed by the paramount powers of the British Parliament to be exercised by the Viceroy
and the Governors. The Cabinet Mission Plan went to the other extreme and formulated a
federation with minimal powers for the centre and maximum autonomy for the units.
The framers of the Indian Constitution favoured for this country the 'devolutiorial' type of
federalism. In her long history, except for a brief period subsequent to the Act of 1935, India had
never been a federal state. But the vast area, the large population, linguistic, religious and cultural
diversities and the clamour of the people for local autonomy—all led the framers to decide in
favour of a federal structure. The problem of the Constitution makers, in devising the federal
structure of the Indian Republic, was to balance the forces of unity with those of diversity, to
balance the powers of the Centre with the rights of the Provinces. Their ultimate decision in
favour of a 'Union of India', with a strong Central Government was not instantaneous, but was a
natural conclusion of a historical process.
It was probably Dr. Ambedkar's approach which explains the remarkable fact that the word
'federal' was used nowhere in the Constitution of India. Instead, the word 'Union' was used to
affirm that the constitution makers were engaged in framing the basic law for a lasting union in
which the States would have no right to secede.
While all these ideologies have had their effects throughout the Constitution, they are
concentrated in the Preamble, the Fundamental Rights and the Directive Principles of State
Policy.THE IDEOLOGY OF THE CONSTITUTION
161
THE IDEOLOGY OF THE CONSTITUTION AND THE PREAMBLE, THE DIRECTIVE PRINCIPLES AND
THE FUNDAMENTAL RIGHTS
The Preamble, the Directive Principles and the Fundamental Rights constitute the more important
features of our Constitution. The fundamental goals and objectives of the Indian Republic
outlined in the Preamble, the Directive Principles of State Policy enshrined in Part IV and
Fundamental Rights, guaranteed in Part III of the Constitution, are all parts of the same
constitutional scheme without any of them vying with another, so to say, in superiority,
importance or respectability. As has been put by Justice Deshpande: "The democratic socialism
spelt out in the Preamble and the Directive Principles of our Constitution is meant to provide the
context in which the fulfilment of the Fundamental Rights has to be achieved."
The Preamble contains an epitome of the ideals, aspirations and objectives of the social order
within the Sovereign-Independent-Republic established under the Constitution. The Directive
Principles of state policy enshrined in Part IV of the Constitution are intended to achieve socio-
economic justice and equality by peaceful means. The essence of these principles is contained in
Article 38 which, echoing the Preamble, reads: "The state shall strive to promote the welfare of
the people by securing and protecting as effectively as it may a social order in which justice,
social, economic and political shall inform all the institutions of the national life." This together
with the provisions contained in Articles 39 to 51, constitutes 'a comprehensive political, social
and economic manifesto of a modern democratic state.'
It will be noticed that while the purpose of the Preamble and the Directive Principles is to cast a
positive duty on the state to attain the ideal set out in the Preamble, the purpose of the
Fundamental Rights is to free all citizens from unreasonable restriction by society and to make
liberty available to all. Part III and IV of the Constitution, together with the Preamble, sum up the
philosophy of the Constitution. Commenting on this aspect, Dr. Gajendragadkar has observed :
"The philosophy of the Indian Constitution as enunciated in these parts read together is that
Indian democracy is committed to make an earnest endeavour to implement the socio-economic
principles enunciated in Part IV within the framework of Fundamental Rights guaranteed by Part
III."8
Conclusions
In brief, the Preamble and the Articles pertaining to Fundamental Rights and Directive Principles
of State Policy are the most valuable part of the Constitution and present a socialistic bent in the
Constitution of India. The provisions contained in these chapters for bringing about changes in
the conventional, tradition-ridden backward social structure unveil new horizons of revolution.
These three chapters delineate the philosophy and constitute the ideological background and spirit
of the Indian Constitution.
REFERENCES
1. K. Santhanam, "The Ideology of the Constitution", in S. L. Shakdhar (ed.), The Constitution and Parliament in
India (Delhi, 1976), p. 7.
2. V. R. Mehta, Ideology, Modernization and Politics in India (New Delhi, 1983), pp. 20-51.
3. M.V. Pylee, India's Constitution (Bombay, 1967), p. 156.
4. M.V. Pylee, India's Constitution (Bombay, 1967), p. 157
5. Mehta, n. 2, p. 58.
6. Grenville Austin, The Indian Constitution : Cornerstone of a Nation (London, 1972), p. 34.
7. S. N. Ray, Judicial Review and Fundamental Rights, pp. 117-18. Chapter 15
THE INDIAN CONSTITUTION
DOCTRINE OF BASIC STRUCTURE
The 26th January, 1950 marked a great event in the long and chequered history of India.
For, on that day, was brought into force the present constitution of India, which
announced to the world the birth of a new republic. It was in fact the re-birth of an
ancient country, after centuries of dire vicissitudes.
The struggle for national independence was over by August 15, 1947. On that day the
two hundred years old British rule in India was brought to an end by the transfer of
political authority to Indian hands. However, the attainment of independence was not an
end in itself. It was only the beginning of a new struggle, the struggle to live as an
independent nation and at the same time, to establish a democracy based upon the ideals
of justice, liberty, equality and fraternity. The need of a new constitution forming the
basic law of the land for the realisation of these ideals was paramount. Therefore, one of
the first tasks undertaken by independent India was the framing of a new constitution.
The present constitution of India is its result. It represents the political, economic and
social ideals and aspirations of the vast majority of the Indian people of the present
generation.
BASIC PRINCIPLES OF THE CONSTITUTION
A constitution is a set of laws and rules setting up to machinery of the government of a
state and which defines and determines the relations between the different institutions and
areas of government, the executive, the legislature and the judiciary, the central, the
regional and the local governments.
Every constitution aims to build up a governmental structure based upon certain basic
principles. And these principles are more or less well established. Although some of these
principles are common to most constitutions, there are others which vary from
constitution to constitution. Such variations are the product of the varying conditions and
circumstances that determine the principles of the constitution. The Constitution of India
is not an exception to this rule and it has its own basic principles. A careful study of the
Constitution will show that there are at least six basic principles which are embodied in it
and which form the foundations of democracy in India. These are—(1) Popular
sovereignty, (2) Fundamental rights, (3) Directive principles of state policy, (4) Judicial
independence, (5) Federalism, and (6) Cabinet government.
Political freedom and civil liberty are the keystone of the Indian Constitution. Our
Constitution is primarily shaped and moulded for the common man. It takes no account
of "the portly presence of potentates, goodly in girth." It is a constitution meant not for
the Ruler
"but the ranker, the tramp of the road, the slave with the sack on his shoulders pricked on
with the goad,
The man with too weighty a burden, too weary a load."THE INDIAN CONSTITUTION .... BASIC
STRUCTURE
163
AMENDMENT PROCESS AND ITS LIMITATIONS
The founding fathers of the Constitution were very able and wise men and provided a provision
for making amendment to the Constitution (Article 368) for no constitution can afford to be rigid.
It should grow with a growing nation and should suit the changing needs and circumstances of a
growing and changing people.
The Indian Constitution provides three mechanisms for its amendment. Certain provisions of the
Constitution may be amended by a simple majority in Parliament and others by a two-third
majority; amendments to a third category of provisions must be ratified by one-half of the States.
Now the question is whether all or any of the provisions of the Constitution can be amended by
following the specific procedure laid down in the Constitution? A large number of lawyers and
jurists have expressed their doubt in this regard and have questioned whether people can be
deprived of their Fundamental Rights or a state can be deprived of its High Court or its Assembly
even with the special vote in Parliament and with the concurrence of the State concerned or half
of the States? Similarly, can the Supreme Court be abolished by special majority of Parliament
with the concurrence of the States?
THE AMENDING POWER AND THE FUNDAMENTAL RIGHTS
In Shankri Prasad vs. The Union of India, the Constitution (First Amendment) Act, 1951 was
challenged on the ground that it abridged the fundamental rights and hence it was not a valid law
within the meaning of Article 13(2). The Supreme Court rejected the contention and held that the
word 'law' under clause (2) did not include a law made by Parliament under Article 368. The
word 'law' means 'rules or regulations made in exercise of ordinary legislative power' and not the
'amendments to the Constitution made in exercise of the constituent power.' 2
In 1964, the 17th Constitutional Amendment Act was passed. It affected, inter alia the
Fundamental Rights under Article 31A. The validity of this Act was challenged in Sajjan Singh's
case. The majority judgment in that case observed inter alia, that the principles expounded in
Shankari Prasad's case were sound and valid and that the challenge to the validity of the impinged
Act could, therefore, not be sustained. Until 1967, the highest judiciary of the land was clear in its
opinion that the Amendment Acts were not ordinary laws, to be struck down by the application of
Article 13(2). The Fundamental Rights could be altered, changed, modified and even repealed by
special majority of the legislature required under Article 368. It was only in the famous Golak
Nath's case that the Supreme Court reversed its earlier decisions by declaring that the word 'law'
in Clause (2) of Article 13 included amendments to the Constitution, and hence, held that the
Parliament was not competent to abridge or take-away Fundamental Rights spelled out in Part III
of the Constitution.
In its judgment in Golak Nath us. State of Punjab, the Supreme Court made it abundantly clear
that the Parliament had no power to take-away or abridge any of the Fundamental Rights
guaranteed by the Constitution by way of constitutional amendments. Speaking for himself and
four concurring judges, Chief Justice K. Subba Rao summarised the main conclusions, which are:
1. The power of Parliament to amend the Constitution is derived from Articles 245, 246 and 248
of the Constitution and not from Article 368, which only deals with the procedure.
2. Amendment is 'law'within the meaning of Article 13 of the Constitution and therefore if it
takes-away or abridges the rights conferred by Part
3. Parliament will have no power from the date of the
TTT ~,*-,n^.l^rr UiinrlomDntal RicrVlts it IK VOirf

decision to amend any of the provisions of Part III of the Constitution so as to take-away
or abridge the Fundamental Rights enshrined therein.3 After this judgment, a national
debate ensued. The then Government felt that the Judiciary was becoming stumbling
block, as by its decisions it was obstructing the government in introducing socio-
economic reforms in the society. It felt, therefore, that socio-economic reforms was not
possible without amending the Fundamental Rights. The Government declared that the
Fundamental Rights were not sacrosanct and they could not stand in the way of socio-
economic reforms.
The 24th Amendment sought to restore to Parliament the power of amending any of the
provisions of the Constitution. The Government went ahead and passed the 25th
amendment to insert Article 31(c) to enable Parliament "to circumvent and by-pass
Articles 14, 19 and 31. It raised the status of clauses (b) and (c) of Article 39 and curtail
the power of Judicial review.
The validity of the 24th and 25th amendments was challenged before the Supreme Court
in Kesavananda Bharti's case.
THE SUPREME COURT'S JUDGMENT IN THE FUNDAMENTAL RIGHTS CASE
Kesavananda vs. State of Kerala, one of the milestones in the history of jurisprudence,
was heard by the Supreme Court. The hearing lasted from November 1972 to April 1973.
The case was heard by 13 Judges and their judgments were delivered on April 24, 1973.4
The Government of India claimed that it had the rights as a matter of law to change or
destroy the entire fabric of the Constitution through the instrumentality of Parliament's
amending power; and that it should be trusted to exercise this seminal right wisely but not
too well. It is argued that unlimited power of amendment is necessary to meet the
democratically expressed will of the people and that the representatives of the people
should be trusted not to abrogate in basic freedoms.
Six senior judges of the Supreme Court held as follows : (i) Parliament's amending
power is limited. While Parliament is entitled to abridge any fundamental right or amend
any provision of the Constitution, the amending power does not extend to damaging or
destroying any of the essential features of the Constitution. The fundamental rights are
among the essential features of the Constitution; therefore, while they may be abridged,
the abridgement cannot extend to the point of damage to or destruction of their core. (ii)
Article 31C is void since it takes away invaluable fundamental rights,
even those unconnected with property.
In Kesavananda's case, Justice Sikri had tried to tabulate the basic features of the
constitution as follows :5 (i) Supermacy of the constitution; (ii) Republican and
democratic form of government; (iii) Secular character of the constitution; (iv)
Separation of powers; and (v) Federal character of the constitution.
In the same case, Justice Hegde and Justice Mukherjee, included the sovereignty and
unity of India, the democratic character of our polity and individual freedom to the
elements of basic structure of the Constitution.6 Justice Khanna also said that Parliament
could not change our democratic government into a dictatorship or hereditary monarchy
nor would it be permissible to abolish the Lok Sabha and the Rajya Sabha.'THE INDIAN
CONSTITUTION .... BASIC STRUCTURE
165
The effect of the majority judgment of the Supreme Court may now be summed up. Parliament
cannot in the exercise of its amending power, alter the basic structure or framework of the
Constitution. For instance, it cannot abolish the sovereignty of India or the free democratic
character of the republic; nor can it impair the integrity and unity of India or abolish the states.
Mrs. Indira Gandhi's Case (1975)
It was held in Kesavananda Bharti's case (1973) that while Parliament has the power under
Article 368 to amend any part of the Constitution, the power cannot be so exercised as to alter or
destroy the basic structure or framework of the Constitution; and this ratio was reaffirmed and
applied in Mrs. Indira Gandhi's case (1975)8 in which a constitutional amendment to make the
Prime Minister's election to Parliament unassailable in a court of law was declared void.
In Indira Gandhi vs. Raj Narain, Justice Chandrachud found the following to be the fundamental
elements of the basic structure of the Constitution :9
(i) India as a sovereign, democratic republic;
(ii) Equality of status and opportunity; (iii) Secularism and the freedom of conscience; and (iv)
Rule of law. Minerva Mill's Case (1980)
Respecting the basic structure doctrine propounded in Kesavananda Bharti's case, the Supreme
Court has declared in Minerva Mill's case that section 55 of the 42nd Amendment Act which
introduced clauses 4 and 5 as void. According to the court the two clauses confer upon the
Parliament vast and undefined power to amend the Constitution even so as to restrict it out of
recognition. It has declared in unequivocal terms that the Constitution had conferred only a
limited amending power on the Parliament and therefore, it cannot under the exercise of that
limited power enlarge it into an absolute one. Though, the judges have differed in their views in
this case, there is an unanimity of views about Article 368. The judges have upheld the view that
the limited amending power is one of the basic features of our Constitution and therefore, the
limitation on that power cannot be destroyed.
The Supreme Court has held that to abrogate the fundamental rights while purporting to give
effect to the directive principles is to destroy one of the essential features of the Constitution.
The same Justice Chandrachud in Minerva Mills case added the 'amending powers of Parliament',
'judicial review' and 'balance between the Fundamental rights and the Directive Principles' to the
list of elements basic to the Constitu-tion.10
Dismissal of BJP Governments in Madhya Pradesh, Himachal Pradesh and Rajasthan
A nine member Constitution Bench of the Supreme Court has held that the dismissal of the BJP
Governments in Madhya Pradesh, Rajasthan and Himachal Pradesh in the wake of the Ayodhya
incident of December 6, 1992 was valid and imposition of the President's rule in these States was
constitutional. The Court held that 'Secularism' is a basic feature of the Constitution and State
Government which acts against that ideal can be dismissed by the President.
In Bommai us. Union of India, Justice Ramaswamy observed :
"The Preamble of the Constitution, is an integral part of the Constitution. Democratic form of
government, federal structure, unity and integrity of the nation, secularism, social justice and
judicial review are basic features of the Constitution."
(AIR 1994 SC 1918, JT (1994) SC 215)166______________________INDIAN GOVERNMENT AND
POLITICS__________________________
BASIC STRUCTURE OF THE CONSTITUTION
In Kesavananda Bharti's case the Second Part of Article 31C; in Mrs. Indira Gandhi's case Article
329A(4) and in Minerva Mill's case sections 4 and 55 of the Forty-second Amendment Act were
struck down precisely because which affected the basic structure of the Constitution.
Exactly what constitutes an essential feature (Basic structure) cannot be enunciated in general
terms. What constitutes an essential part of the Constitution has to be decided by the courts.
In some cases there is a difference of opinion among the Judges as regards a particular element
forming an element of the basic structure. For example, Chief Justice Ray did not find it possible
to hold the concept of free and fair elections as a basic feature, whereas Justice Khanna, in the
same case found this principle to be an element of the fundamental features of the Constitution.
Justice Chandrachud did not subscribe to the view that the Preamble to the Constitution holds the
key to its basic structure. Justice Beg, on the other hand found that the court can find the test (of
constitutional validity) primarily in the Preamble to the Constitution. The Preamble, he believed
furnished the yardstick to be applied even to constitutional amendments.
The essential features are those which are vital to the constitutional scheme and which give the
Constitution its identity and integrity. If any guidance were needed in this matter, it is afforded by
the Preamble which expressly enumerates several basic elements. The Constitution is framed to
be worked not by robots but by men. It is a fair assumption that those who seek to amend the
Constitution would have at least sufficient understanding to perceive its basic structure.
According to N. A. Palkhivala, the following are some of the essential features of the
Constitution which Parliament cannot alter or destroy in the exercise of its amending power.
1. The supremacy of the constitution : Ours is a 'controlled constitution' par excellence. All
institutions, including Parliament, are merely creatures of the constitution and none of them is its
master.
2. The sovereignty of India : This country cannot be made a satellite, colony or dependency of
any foreign country.
3. The integrity of the country : The unity of the nation, transcending all the regional, linguistic,
religious and other diversities, is the bed-rock on which the constitutional fabric had been raised.
4. The republican form of Government: India cannot be transformed into a monarchy.
5. The democratic way of life as distinct from mere adult franchise : There is a guarantee of
fundamental rights to ensure justice, social, economic and political; liberty of thought,
expression, belief, faith and worship; and equality of status and of opportunity.
6. A state in which there is no state religion : All religions are equal and none is favoured.
7. A free and independent judiciary : Without it, all rights would be writ in water.
8. The dual structure of the Union and the States : It permits centralisation and decentralisation
to coexist.
9. The balance between the legislature, the executive and the judiciary : None of the three
organs can use its powers to destroy the powers ofTHE INDIAN CONSTITUTION .... BASIC STRUCTURE
167
the other two, nor can any of them abdicate its power in favour of another.
10. The amendability of the constitution according to the basic scheme of Article 368 : The
constitution must continue to be amendable without being alterable in its essentials. 12
Conclusions
It is thus evident that so far, there has been no consensus in this regard among the judges and no
majority judgment is available laying down the features of the Constitution that may be
considered 'basic'. The Court has not foreclosed the list of the basic features as suggested by
different judges in different cases. In Indira Gandhi's case Justice Chandrachud has observed that
"the theory of basic structure has to be considered in each individual case, not in the abstract, but
in the context of the concrete problem."
In Kesavananda's case it has been expressly held that the right to property is not a part of the
basic structure of the Constitution and, therefore, any amendment can be made to the Constitution
in total disregard of the right to property. The only restriction on the amending power is that the
power cannot be used to alter or destroy the basic structure or framework of the Constitution. In
subsequent cases the Supreme Court can decide for itself whether a particular amendment alters
or destroys the basic structure or framework of the Constitution.
Logically speaking, the limit to the amending power should be that the Constitution cannot be
made to suffer a loss of identity through the amending process. The identity of the Constitution is
the sum of its essential features. If the Constitution is not to suffer a loss of identity, each of its
essential features has to be preserved.
These judgments of the Supreme Court somehow give the impression that there is a confrontation
between Parliament and the judiciary. The confrontation is certainly unfortunate. The Parliament
should enact laws with greater restraint and the restraint is all the more necessary in case of
amending the Constitution. The amending power should not be used for political stunts and
manoeuvrings. The judiciary too should realise that it will not be in a position to defend the
doctrine of basic structure for long, if the people and their Government do not want it. When the
Indian electorate becomes politically alert and conscious of their rights, the Government of the
day will not be able to destroy the basic structure of the Constitution, through the process of
amendment.
REFERENCES
1. Article 368.
2. D. K. Singh, revised, V.N. Shukla, Constitution of India (Lucknow, 1975), p. 25.
3. L.M. Singhvi, ed., Parliament and Constitutional Amendment (Delhi, 1970), p. 1.
4. N. A. Palkhivala, Our Constitution Defaced and Defiled (MacMillon, 1974), p. 147.
5. Kesavananda vs. State of Kerala, A.I.R. 1973 S.C. 1461, para 302.
6. Ibid., para 682.
7. Ibid., para 1437.
8. A.I.R. 1975 S.C. 2299.
9. Indira Gandhi vs. Raj Narain, A.I.R. 1975, S.C. 2299, para 665.
10. Minerva Mills us. Union of India, A.I.R., 1980, S.C. 1789.
11. N. A. Palkhivala, We, the People (Bombay, 1984), pp. 206-17.
12. N. A. Palkhivala, n. 4, pp. 141-42. Chapter 16
POLITICS OF CONSTITUTIONAL
AMENDMENTS IN INDIA
A Constitution is a dynamic document. It should grow with a growing nation and should
suit the changing needs and circumstances of a growing and changing people.1
Sometimes under the impact of new powerful social and economic forces, the pattern of
government will require major changes. If the Constitution stands as a stumbling block to
such desirable changes, it may under extreme pressure, be destroyed. A Constitution, as
such, cannot have any claim to permanence; nor should it, because it has been adopted
and has been working ever since, claim absolute sanctity. Mulford has rightly said: "An
unamendable constitution is the worst tyranny of time or rather the very
tyranny of time."2
Herman Finer defined constitution as the process of amendment, for in his view, to
amend is to deconstitute or reconstitute.3 W. Munro has rightly
observed: "......it is impossible to conceive of an unamendable constitution as
any thing but a contradiction in terms."4
A Constitution is a fundamental document of the land. It is a document which defines the
position and power of the three organs of the State—the Executive, the Legislature and
the Judiciary. It also defines the powers of the Executive and the Legislature as against
the citizens. In fact, the purpose of a Constitution is not merely to create the organs of the
state but also to limit their authority, because if no limitation is imposed upon the
authority of the organs, there will be tyranny and oppression. Naturally, such a
fundamental document as a constitution should not undergo too frequent and easy
changes, as that would undermine the confidence of the citizens in the abiding nature of
the Constitution. Jawahar Lai Nehru has rightly said, "......The Constitution
cannot and should not be changed frequently. Obviously also, it can and must be changed
when the situation requires it to be changed." A Constitution to be living must be
growing; must be adaptable; must be flexible, must be changeable. Indeed, any
amendment of the constitution should be justified by compelling reasons and
circumstances.
AMENDMENT PROCESS IN THE INDIAN CONSTITUTION
Federal Constitutions as a rule are rigid as most of them have extremely difficult and
even complicated procedures of amendment. Amending a federal constitution like that of
the U.S.A. and Australia is perhaps the most difficult. In contrast, the Constitution of
India presents a much simpler process. As Ambedkar pointed out in the Constituent
Assembly, "The provisions for amendment while they embodied in certain measure of
rigidity with regard to some parts of the Constitution, were flexible and afforded facilities
for a simplePOLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA
169
process of amendment with regard to others." Pointing out the details of the scheme he stated :
"We propose to divide the various articles of the Constitution into three categories. In First
category we have placed certain articles which would be open to amendment by Parliament by
simple
majority.......The Second set of articles requires a two-thirds majority
of Parliament.....The Third category requires a two-thirds majority of
Parliament plus ratification by the States. The States are given an important voice in the
amendment of these matters. These are fundamental matters where States have important powers
under the Constitution and any unilateral amendment by Parliament may vitally affect the
fundamental basis of the system built up by the Constitution."
The procedure for amendment is detailed under Article 368 of the Constitution. According to this,
there are three ways of amending the Constitution:
1. Amendment by simple majority : There are a good number of Articles in the Constitution which
are of transitory nature. Though they can be changed by Parliament by passing a law by simple
majority, technically speaking changes made therein, are not to be considered as amendment of
the Constitution. By simple majority is meant, simple majority of the members present and
voting. For example, changes in the names and boundaries of the States, creation or abolition of
the Legislative Councils in the States, salaries and allowances of the President, Governors and
Judges of the Supreme Court and High Courts, etc., can be made by Parliament by passing a law
by simple majority.
The following provisions of the Constitution also fall under this category:
1. Second Schedule of the Constitution.
2. Article 100(3) of the Constitution which fixes quorum of the transaction of business in the
Parliament.
3. Article 105 of the Constitution which deals with powers, privileges and immunities of
Members of Parliament.
4. Article 11 regarding acquisition and termination of citizenship.
5. Article 124 which deals with the appointment of Judges in the Supreme Court.
6. Article 135 which deals with conferring more jurisdictions on the Supreme Court.
7. Article 81 relating to the delimitation of Constituencies.
8. Article 137 of the Constitution which deals with Supreme Court's powers to review its own
judgment.
2. Amendment by special majority : An amendment of the Constitution may be initiated only by
the introduction of a Bill for the purpose in either House of Parliament. When the Bill is passed in
each House by a majority of the total membership of that House and by a majority of not less than
two-thirds of the members of that House present and voting, it shall be presented to the President
for his assent. When the President gives his assent, the Constitution stands amended in
accordance with the terms of the Bill.
3. Ratification by the State Legislatures : For the amendment of certain other provisions of the
Constitution, a Bill has to be passed by each House of Parliament by a majority of the total
membership of that House and by a
r . _J. i— ii----+,„„ +1^,.^ nf fVio mpmhfiTs Dresent and voting, then170
INDIAN GOVERNMENT AND POLITICS
the amendment must be ratified by the Legislatures of not less than one-half of the States by
resolutions to that effect is required before the amendment Bill is presented to the President for
assent. The following provisions of the Constitution fall under this category:
1. Election of President (Article 57);
2. Extent of the Executive power of the Union (Article 73);
3. Extent of the Executive power of States (Article 162);
4. Union Judiciary (Chapter IV of Part V);
5. High Courts in the States (Chapter V of Part VI);
6. Any of the Lists in the Seventh Schedule;
7. The representation of States in Parliament; and
8. Provisions dealing with amendment of the Constitution.
SALIENT FEATURES OF THE AMENDMENT PROCESS
The salient features of the Amendment Process are:
1. Introduction only in either House of Parliament : The Bill for the amendment of the
Constitution can be introduced in either House of Parliament and not in any State Assembly.
2. Both Houses of Parliament must pass it separately : An Amendment Bill should be passed by
both the Houses of Parliament separately. The Constitution cannot be amended in case of a
deadlock between the two Houses. There is no provision for a joint sitting if both Houses differ.
For example, in 1970, the Rajya Sabha rejected the 24th Constitutional Amendment Bill which
provided for the derecognition of the Princes and again in 1978, as many as five out of forty-nine
clauses of the 45th Constitution Amendment Bill were rejected by the Rajya Sabha and as a result
thereof, the Lok Sabha had no alternative but to delete these five clauses.
3. Meaning of majority of total membership : The expression 'majority of total membership'
means that it is not the majority of the actual membership of the House but the majority of the
total prescribed strength of the House notwithstanding the vacancies therein.
4. Special majority at every stage of the passing of the Bill : Whether this 'special majority'
mentioned above is needed at the time of final voting on the Bill or even on the earlier stages of
the Bill. The Constitution Amendment Bill even at its introduction stage must be supported by a
two-thirds majority of members present and voting which should not be less than 50 per cent of
the total strength. In 1969, the 24th Constitution Amendment Bill regarding abolition of Privy
Purses could not be introduced because the requisite majority did not support it. It means special
majority is needed at the passing of every stage of the Bill.
5. Ratification by the Legislatures of not less than one-half of the States : The amendment of the
articles mentioned in the provision of Article 368, must be ratified by one-half of the State
Legislatures by passing resolutions in that respect. The expression 'State Legislature' does not
include the legislatures of the Union Territories. Wherever the State Legislature is bicameral, the
resolutions must be passed by both Houses separately and the resolutions so passed do not require
the signature or the assent of the Governor.
6. Presidential assent. In the final stage, the Constitution Amendment Bill is presented to the
President for his assent which the President cannot refuse. But there is no time limit within which
the President must give his assent. He can keep it pending for some time in the first instance,
though ordinarily it is expected that he would give his assent as soon as possible. POLITICS OF
CONSTITUTIONAL AMENDMENTS IN INDIA
171
Thus, the Constitution is partly rigid and partly flexible document. "There is hardly another
federal constitution which provides a comparable example, combining rigidity and flexibility." In
the words of Jawahar Lai Nehru: "While we want this Constitution to be as solid and as
permanent a structure as we can make it, nevertheless there is no permanence in constitutions.
There should be a certain flexibility. If you make anything rigid and permanent, you stop a
nation's growth, the growth of a living vital organic people. Therefore, it has to be flexible." K.C.
Wheare, keeping in view the 'wide variety of the amending process, has commented that it strikes
a good balance by protecting the rights of the States while leaving the remainder of the
Constitution easy to amend. But we must bear the testimony of the fact that this 'ease' in
amending process of the Indian Constitution was due to the one-party dominance both at the
Centre and in the State for nearly thirty years. The practical limitations of amending process are
for the first time being experienced by the Janata Government at the Centre, where it was lacking
a two-thirds majority in Rajya Sabha. Under such situation, the Janata Government was unable to
remove the controversial clauses of the 42nd amendment without seeking, the co-operation of the
Congress Party. The 64th Constitutional Amendment Bill also had fallen through on March 30,
1990 in the Lok Sabha for want of the requisite two-thirds majority, even though all parties had
declared their support for the measure. The bill was related to extend President's rule in Punjab
for six months. The 75th amendment bill, for the same purpose, also fell through (in October
1990) because the Congress (I) declined to back it. At the same time, another feature which
strikes the minds of critics, is that the units or States, like those of the American States, have no
jurisdiction to initiate any formal constitutional amendment neither there is any provision for
referendum as such. It should appear, thus, that although the States say in the formal amendment
of the Constitution is not considerable, their vital interests have been shielded by the Constitution.
THE AMENDING POWER AND THE DOCTRINE OF BASIC STRUCTURE
The Golak Nath case judgment and the amendments which sought to nullify its effect, when came
up for the Supreme Court's scrutiny in the case of Kesavananda Bharti against the State of Kerala
and other allied petitions in 1973, it propounded the doctrine of implied powers and the doctrine
of basic structure, which were hitherto unknown in India.
In Kesavananda Bharti us. State of Kerala6, the Supreme Court reasonably upheld the validity of
the 24th Amendment. It was, however, held by the majority that Parliament's power of
Amendment was subject to implied limitation, namely, Parliament could not amend the
Constitution to bring about change in the basic features of the Constitution.
In this case the Supreme Court invalidated the following portion of Article 31(c) which was
inserted through 25th Amendment Act.
".........and now law containing a declaration that it is for giving
effect to such policy be called in question in any court on the ground that it does not give effect to
such policy." The Court through its decision in Kesavananda's case tried to protect its right of
judicial review and exposed the nefarious intention of the government in excluding judicial
review, when the law did not give effect to the policy involving Articles 39(b) and (c).
In the Kesavananda Bharti's case, the majority of judges held that the -------,„,, „ Krvii-t-arl nnf>
Rven though they knew that the legislature172
INDIAN GOVERNMENT AND POLITICS
was bent upon giving unlimited amending power to itself. This courageous and independent stand
was taken on the basis of the principle called 'inherent and implied limitation.
No doubt, the Constitution does not have any provision for drafting a new Constitution but that
does not mean that the legislature can destroy, reshape or restructure the Constitution. It is,
therefore, logical to assume that the implied limitation restricts the legislature in changing the
Constitution uniden-tifiably. An argument stating that Parliament's will is people's will and there-
fore, Parliament still have an unlimited amending power, is preposterous, because the electorate
does not take into account the constitutional amendments while voting in the Parliamentary
elections. Had people's will been Parliament's will, the Australian electorate would not have
approved only five out of thirty-two changes in the Constitution proposed by Parliament in 74
years.7
So, what has to be understood clearly is that Article 368 allows the legislature to make
amendments only to the extent that the Constitution does not lose its identity. Parliament by
passing the 24th amendment, altered Article 368 to enlarge the ambit of its amending power
under that very article. This is a clear violation of the principle of implied limitation. A creature
of the Constitution, however, vast its power, cannot regard itself superior to the Constitution.
N.A. Palkhivala is very right when he says that "It cannot itself as the master and make the
Constitution subservient; it cannot convert controlled constitution into an uncontrolled one."
In Kesavananda Bharti's case, six senior judges of the Supreme Court and S.M. Sikri held as
follows :
C.J.
(i)
(ii)
Parliament's amending power is limited. While Parliament is entitled to abridge any Fundamental
Right or amend any provision of the Constitution, the amending power does not extend to
damaging or destroying any of the essential features of the Constitution. The Fundamental Rights
are among the essential features of the Constitution; therefore, while they may be abridged. The
abridgement cannot attend to the limit of damage to or destruction of their core. Article 31C is
void since it takes many invaluable Fundamental Rights, even those unconnected with property.
To sum, the Supreme Court held that the Constitution is not made to suffer a loss of identity
through the amending process. The identity of the Constitution is the sum of its essential features.
Article 368 cannot be read as expressing the death wish of the Constitution or as a provision for
its legal suicide.8
MAJOR CONSTITUTIONAL AMENDMENTS : A BRIEF SURVEY
During the 55 years of the Constitution it was amended 92 times. Such rapid succession of
amendments during such a short time in the life of the Constitution, has been attacked by many of
its critics as a sign of weakness in the Constitution. Some of them thought that the Constitution
should not be made so cheap as to admit of amendment so quickly and easily. There is an element
of truth in this criticism. Yet, on close examination it will be seen that there were compelling
circumstances which led to constitutional amendments during a momentous period of
stabilisation and consolidation of the political freedom won just a decade earlier. While some of
the amendments were a natural product of the eventual evolution of the new political system
established under the Constitution in 1950, there were others necessitated by practical difficulties
in the working of certain provisions of the Constitution. The reor-POLITICS OF CONSTITUTIONAL
AMENDMENTS IN INDIA
173
ganisation of the State and the consequent constitutional amendment is the best example of the
former type while the amendments dealing with the rights to property provides a good example of
the latter type.
It will be appropriate here to describe the major constitutional amendments in chronological
order.
The Constitution {First Amendment) Act, 1951
In June 1951, the Constitution (First Amendment) Act was passed, and the following
amendments in the Constitution were inserted: (i) To Article 15, a new clause (4) was added; (ii)
clauses (2) and (6) of Article 19 were recast; (iii) After Article 31, Articles 31A and 31B were
inserted; (iv) For Original Article 85, a new Article was substituted; (v) In Article 87, clauses (1)
and (2) were recast; (vi) For the Original Article 174, a new Article was substituted; (vii) In
Article 176, clauses (1) and (2) were recast; (viii) Clause (1) of Article 341 was recast; and
similarly, clause (1) of Article 342, sub-clause (a) of Article 342, sub-clause (a) of clause (3) of
Article 372, and clause (1) of Article 376 were also recast; (ix) After the Eighth Schedule to the
Constitution a Ninth Schedule was added and thirteen laws passed by State Legislatures were
included in it so that those Acts might not be challenged in courts.
The main purpose of the amendment was the removal of certain practical difficulties created by
court decisions in several cases such as Kameshwar Singh vs. State of Bihar, Romesh Thapar vs.
State of Madras, Brij Bhusan vs. State of Delhi and Motilal us. Government of Uttar Pradesh. The
issues involved in these cases were numerous, such as the scope of the fundamental right of
freedom of speech, acquisition of Zamindari (land) of intermediaries, conflict between a citizen's
fundamental right to practise any profession, or to carry on any business or trade (Article 19) and
state monopoly of any trade, and so on.
The Constitution {Second Amendment) Act, 1952
The Second amendment amended Article 81 in order to remove the prescribed limit of 7,50,000
of the population for one member to be elected to the Lok Sabha. According to the original
provision, at least one member was to be elected to the Lok Sabha for every 7,50,000 of the
population. It was further provided that the maximum number of elected members to the Lok
Sabha should not exceed 500.
The Constitution {Third Amendment) Act, 1954
The Third Amendment brought about changes in the Seventh Schedule consisting of the three
legislative lists and entry 33 of the Concurrent List was substituted by a new one.
The Constitution (Fourth Amendment) Act, 1955
Articles 31 and 31A were amended by the Constitution Fourth Amendment Act. Clause (2) of
Article 31 and Clause (1) of Article 31A were substituted by new clauses. As a result of these, the
adequacy of the quantum of compensation paid for the compulsory acquisition of property for 'a
public purpose' could not be questioned in a court of law. It also amended article 305 and the
Ninth Schedule. The Constitution {Fifth Amendment) Act, 1955
The Constitutional Fifth Amendment Act amended Article 3. In the Constitution there was no
time limit during which a State Legislature should express its views about the change in its
boundaries, which the Centre may like to make. With the help of this amendment it was provided
that the State will
11A K174
INDIAN GOVERNMENT AND POLITICS
specified in the reference or within such further period, as the President may
allow.
The Constitution (Sixth Amendment) Act, 1956
In this Act, the Seventh Schedule to the Constitution was amended and in the Union List, a new
entry was added after entry 92 and in the State List, a new entry was substituted for entry 54. It
also amended Articles 269 and 286 dealing with inter-state Sales-tax.
The Constitution (Seventh Amendment) Act, 1956
The Seventh Amendment brought about the most comprehensive changes so far in the
Constitution. This amendment was designed to implement the States Reorganisation Act. The
Second and Seventh schedules were substantially amended for the purpose of the States
Reorganisation Act.
The Constitution (Eighth Amendment) Act, 1959
The Act extended the period of reservation of seats in Lok Sabha and State Legislatures for the
Anglo-Indians, the Scheduled Castes and Scheduled Tribes by another 10 years. The Constitution
(Ninth Amendment) Act, 1960
It provided for the transfer of certain territories of India to Pakistan under an agreement between
India and Pakistan as a part of a comprehensive settlement of border disputes between the two
countries.
The Constitution (Tenth Amendment) Act, 1961
The Tenth Amendment integrates the areas of Free Dadra and Nagar Haveli with the Union of
India and provides for thier administration under the regulation making powers of the President.
The Constitution (Eleventh Amendment) Act, 1961
It amends Article 71 so as to make it clear that the election of the President or the Vice-President
shall not be challenged on the ground of any vacancy for whatever reason in the appropriate
electoral college. It also obviates the necessity of a joint meeting of the two Houses of Parliament
(Article 66) by constituting them into an electoral college for the election of the Vice-President.
The Constitution (Twelfth Amendment) Act, 1962 j
The main object of the Amendment was to add Union Territories of Goa, Daman and Diu to the
Union of India and for this First Schedule of the Constitution was amended.
The Constitution (Thirteenth Amendment) Act, 1962
The Act provides the creation of Nagaland as the Sixteenth State of the Union. The Amendment
provides also for the vesting of certain special responsibilities in the Governor of Nagaland.
The Constitution (Fourteenth Amendment) Act, 1962
The amendment provides for the incorporation of the former French Establishments in India,
under the name Pondicherry, as an integral part of the territory of the Indian Union. It also
amended Article 31 to increase, from a maximum 20 to 25, the number of seats assigned in the
Lok Sabha for the Union Territories. The Constitution (Fifteenth Amendment) Act, 1963
The amendment raised the retirement age of High Court Judge from 60 to 62 years. It also
empowered the various High Courts to hear cases against the Union Government. POLITICS OF
CONSTITUTIONAL AMENDMENTS IN INDIA
175
The Constitution (Sixteenth Amendment) Act, 1963
The Act seeks to enable Parliament to make laws providing penalty for any person questioning
the sovereignty and integrity of India. Under the provisions of this amendment, a person shall not
be qualified to be chosen to fill a seat in Parliament or in the Legislature of a State unless, inter-
alia, he makes or subscribes before a person authorised by the Election Commission an oath or
affirmation that he will bear true faith and allegiance to the Constitution and will uphold the
sovereignty and integrity of India.
The Constitution (Seventeenth Amendment) Act, 1964
The Act amends the definition of the term 'estate' in Article 31Ato include lands held under
ryotwari settlement and also other lands in respect of which provisions are normally made in land
reform enactments. It also amends the Ninth Schedule of the Constitution to include therein 44
State enactments relating to land reforms in order to remove any uncertainty or doubt that may
arise with regard to their validity.
The Constitution (Eighteenth Amendment) Act, 1966
The amendment provides for the creation of new States, namely, Punjab and Haryana as a result
of the reorganisation of the former State of Punjab and the Union Territory of Himachal Pradesh.
The Constitution (Nineteenth Amendment) Act, 1966
The Act modified Article 324 so as to terminate the jurisdiction of election tribunals to decide
election disputes. The amendment withdrew from the Election Commission the power of setting
up election tribunals.
The Constitution (Twentieth Amendment) Act, 1966
The Act inserts a new Article 233A immediately after Article 233 in order to validate the
appointment of District Judges which might not have conformed fully to the different
constitutional requirements which were in existence prior to 1966.
The Constitution (Twenty-first Amendment) Act, 1967
It amended the Eighth Schedule to the Constitution by including 'Sindhi' therein.
The Constitution (Twenty-second Amendment) Act, 1969
The amendment conferred legislative power on Parliament for the purpose of creating an
autonomous Hill State within the State of Assam. Accordingly, Parliament passed the Assam
Reorganisation (Meghalaya) Act, 1969 to set up the State of Meghalaya within the State of
Assam.
The Constitution (Twenty-third Amendment) Act, 1969
It deals with the question of reservation of seats in Parliament and State Assemblies for
Scheduled Castes, Scheduled Tribes and Anglo-Indians and further extends the period of
reservation by another ten years, which means in effect thirty years from the commencement of
the Constitution.
The Constitution (Twenty-fourth Amendment) Act, 1971
It amends Articles 13 and 368 with a view to removing all possible doubts regarding the power of
Parliament to amend the Constitution and procedure thereof. It gets over the Golak Nath ruling
and asserts the power of Parliament, • " ■ • " <~i~i_i. TVT«O, fo ampnrl fundamental rights.176
INDIAN GOVERNMENT AND POLITICS
The Constitution (Twenty-fifth) Amendment Act, 1971
The 25th amendment of the Constitution in 1971 added a new clause, Article 31C, to the
Constitution. Upto 1971, the position was that fundamental rights prevailed over the directive
principles of State Policy and that a law enacted to implement a directive principle could not be
valid if it conflicted with a fundamental right. Article 31C sought to change this relationship to
some extent by conferring primacy on Articles 39(b) and 39(c) over Articles 14, 19 and 31.
The Constitution (Twenty-sixth Amendment) Act, 1971
It abolishes Articles 291 and 362 of the Constitution and also inserts a new Article 362A after
Article 363. The cumulative effect of these changes is the end of the recognition granted to the
former rulers of Indian States and the abolition of Privy Purses.
The Constitution (Twenty-seventh Amendment) Act, 1971
The Act was enacted to implement the decision to establish the Union Territory of Mizoram. It
empowered Parliament to create a legislature and a Council of Minister for the new territory.
The Constitution (Twenty-eighth Amendment) Act, 1972
The amendment deletes Article 314 of the Constitution, which had given protection to the I.C.S.
Officers, conditions of service and privileges and inserted a new Article 312A.
The Constitution (Twenty-ninth Amendment) Act, 1972
By the twenty-ninth amendment Act, 1972, two Kerala Acts dealing with land reforms were
included in the 9th Schedule to the Constitution.
The Constitution (Thirtieth Amendment) Act, 1972
By this amendment Article 133 was recast so as to redefine the Civil Appellate Jurisdiction of the
Supreme Court. The result of this amendment is that while any case involving an important
question of law can reach the Supreme Court by way of appeal, a case however large the amount
involved therein but involving no substantial point of law, would fail to reach the Supreme Court.
The Constitution (Thirty-first Amendment) Act, 1973
By this amendment, the strength of the Lok Sabha was increased from 525 to 545 members. This
was done to accommodate the increase in population as revealed by the 1971 Census.
Accordingly, Article 81(i)(a) was suitably amended.
The Constitution (Thirty-second Amendment) Act, 1973
The amendment Act was enacted to make few special provisions for the State of Andhra Pradash
to satisfy the aspirations of the people of the Telangana region.
The Constitution (Thirty-thirdAmendment) Act, 1974
It amended Articles 101 and 190. Before this amendment, the resignation of a member of a
legislature became effective the moment it was tendered. This position is now changed. A
resignation becomes effective only after it has been accepted by the Presiding Officer of the
House concerned who may refuse to accept the same if he is satisfied that the resignation is not
voluntary or genuine. This precautionary provision appeared to be necessary to avoid the
members of Parliament or State Legislatures being forced to resign.

POLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA

177
The Constitution {Thirty-fourth Amendment) Act, 1974
By this amendment twenty State Acts concerning land ceiling and land tenure reforms were
added to the Ninth Schedule to the Constitution.
The Constitution {Thirty-fifth and Thirty-sixth Amendment) Acts, 1974-1975
The 35th Amendment Act introduced an innovation in the Indian Constitution by conferring on
Sikkim the status of an associate in the Indian Union. This was, however, a short-lined
experiment. The people of Sikkim desired to be an integral part of India. Accordingly, the
Constitution Thirty-sixth Amendment Act was enacted in 1975 to confer full-fledged statehood
on Sikkim.
The Constitution {Thirty-seventh Amendment) Act, 1975
The amendment upgraded the status of Arunachal Pradesh as a Union Territory. Articles 239A
and 240 were amended so as to authorise Parliament to create for Arunachal Pradesh a
Legislature and a Council of Ministers.
The Constitution {Thirty-eighth Amendment) Act, 1975
This Amendment Act was enacted during the emergency to make certain modifications in the
emergency provisions. The Presidential 'satisfaction' to issue a proclamation was declared to be
'final and conclusive'. A classificatory clause was added to Article 356(1) so as to make
Presidential 'satisfaction' to issue a proclamation thereunder as 'final and conclusive' which shall
not be questioned in any court on any ground.
This amendment also declared that the 'satisfaction' of the President and a State Governor to issue
ordinances would be 'final and conclusive' and 'shall not be questioned in any court on any
ground'.
The Constitution {Thirty-ninth Amendment) Act, 1975
The voiding of the election to Lok Sabha of PM Indira Gandhi by the Allahabad High Court in
1975 on the petition of Raj Narain led to the enactment of the 39th Amendment Act, 1975. It
introduced changes in the method of deciding election disputes relating to the four high officials
of the state, viz. President, Vice-President, Prime Minister and the Speaker. Under the new
Article 71(2), Parliament by the law was to establish some 'authority' or 'body' for deciding such
disputes, and its decisions have not to be challengeable in any court.
The Constitution {Fortieth Amendment) Act, 1976
The Amendment Act extended immunity to 64 Central and State statues by including them in the
IX Schedule. These statues pertained to land reform, Urban Ceiling and prevention of publication
of objectionable matter.
The Constitution {Forty-first Amendment) Act, 1976
The Constitution Forty-first Amendment Act, 1976 raised the age of retirement of the chairman
and members of State Public Service Commissions from 60 to 62. The Constitution {Forty-second
Amendment) Act, 1976
The 42nd Constitutional Amendment Act brought a number of changes in the Constitution. The
Act inter-alia gave preponderance to the Directive Principles of State Policy over the
Fundamental Rights, established the supremacy of Parliament and curtailed the powers of
Judiciary. The Act was first of its kind. It was the most comprehensive Act and touched almost all
the sensitive areas of the Constitution. The Amendment was meant to enhance enormously the
strength of the Government. According to M.P. Jain, "The Amendment Act 1 -1--------'------1
nun^^^^ ;„ +v,c nnna+i-t-n-Hnn some of which haouenedINDIAN GOVERNMENT AND POLITICS
to be of great significance in so far as they sought to tilt the balance of power in favour of the executive and
awav from tha .Tn^~;-------■>■■■
o____^g^i^cmue m so tar as they sought to tilt the balance of power
in favour of the executive and away from the Judiciary and the Legislature and thus the control mechanism
over the ewrntiVa x^~~------'
______^wuuvc turn away rrom the Judiciary and the Legislature ai
thus the control mechanism over the executive was sought to be weakened." The major amendments made
in +v>° ru--•<-•■'■--' ■
____^.u Uvci txie executive was sought to be weakened."
The major amendments made in the Constitution by the 42nd Amendment
ire:

Preamble
The characterisation of India as 'Sovereign Democratic Republic'has been changed to 'Sovereign
Socialist Secular Democratic Republic'. The words 'Unity of the nation' have been changed to
'Unity and integrity of the nation'.
Parliament and State Legislatures : The life of the Lok Sabha and State Legislative Assemblies
was extended from 5 to 6 years.
Executive : It amended Article 74 to state explicitly that the President shall act in accordance with
the advice of the Council of Ministers in discharge of his functions.
Judiciary : The 42nd Amendment Act inserted Article 32A in order to deny the Supreme Court
the power to consider the constitutional validity of a State law. Another new provision, Article
131A, gave the Supreme Court an exclusive jurisdiction to determine question relating to the
constitutional validity of a Central law.
Article 144A and Article 128A, the creatures of Constitutional Amendment Act made further
innovation in the area of judicial review of the constitutionality of legislation. Under article
144Athe minimum number of judges of the Supreme Court to decide a question of a
constitutional validity of a Central or State law was fixed as at least seven and further, this
required two-thirds majority of the judges sitting to declare a law as unconstitutional. While the
power of the High Court to enforce fundamental rights remained untouched, several restrictions
were imposed on its power to issue writs 'for any other purpose'.
Federalism : The Act added Article 257Ain the Constitution to enable the Centre to deploy any
armed force of the Union, or any other force under its control, for dealing with any grave
situation of law and order in any State.
Fundamental Rights and Di?~ective Principles : A major change that was made by 42nd
Constitutional Amendment was to give primacy to all directive principles over the fundamental
rights contained in Articles 14, 19 or 31. The 42nd Constitutional Amendment added a few more
directive principles free legal aid, participation of workers in management of industries,
protection of environment and protection of forests and wildlife of the country.
Fundamental Duties : The 42nd Amendment Act inserted Article 51-A to create a new part called
IV-A in the Constitution which prescribed the Fundamental Duties to the citizens.
Emergency : Prior to 42nd Amendment Act, the President could declare emergency under Article
352 throughout the country and not in a part of the country alone. The Act authorised the
President to proclaim emergency in any part of the country.
The dominant thrust of the Amendment was to reduce the role of courts, particularly, that of the
High Courts. It also sought to strengthen Parliament in various ways which in effect, added to the
power of the Central Government. It drew enormous criticism particularly for it was pushed
through during Emergency.

POLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA

179
The Constitution (Forty-third Amendment) Act, 1977
In 1977, the Emergency came to an end and the Janata Party came into power. It made an election
pledge that it would repeal the 42nd Amendment and restore the status quo ante. The 43rd
Amendment repealed some of the provisions of the 42nd Amendment. Article 31D has also been
omitted.
The Constitution (Forty-fourth Amendment) Act, 1978
The 44th Amendment passed in 1978 undid most of the distortions introduced into the
Constitution by the 42nd Amendment of the Constitution. The salient features of the Amendment
Act are as follows:
1. It reduced the life of Lok Sabha and State Legislative Assemblies again to five years and thus
restored the status quo ante.
2. It cancelled 39th amendment which had deprived the Supreme Court of its jurisdiction to
decide disputes concerning election of the President and the Vice-President.
3. A new provision was added to Article 74(1) saying that the President could require the
Council of Ministers to reconsider its advice to him, either generally or otherwise and the
President should act in accordance with the advice tendered after such re-consideration.
4. Article 257A was omitted.
5. It has been provided that an Emergency can be proclaimed only on the basis of a written
advice tendered to the President by the cabinet.
6. Right to property has been taken out from the list of Fundamental Rights and has been
declared a legal right.
The Constitution (Forty-fifth Amendment) Act, 1980
The purpose of the amendment was to continue reservation of seats for Scheduled Castes and
Scheduled Tribes in the Lok Sabha and the State Assemblies for another 10 years, i.e., upto 1990.
The same concession is extended to the Anglo-Indians who may have representation by
nomination in these chambers.
The Constitution (Forty-sixth Amendment) Act, 1982
The forty-sixth amendment enables the State Governments to plug loopholes and realise sales-tax
dues on the one hand and on the other aims at bringing about some uniformity in tax rates in case
of certain items.
The Constitution (Forty-seventh Amendment) Act, 1984
This amendment adds 14 State Acts dealing with land to the IX Schedule. The Constitution (Forty-
seventh Amendment) Act, 1984
The purpose of the amendment was to extend President's rule in Punjab for two years. Under
Article 356(5) President's rule can last in a State for a maximum period of one year. But the
conditions in Punjab did not permit holding of fresh elections and accordingly, extension of
President's rule became imperative. The Constitution (Forty-ninth Amendment) Act, 1984
The purpose of this amendment is to take out the Tribal areas of Tripura from Schedule V and put
them in Schedule VI. The Constitution (Fiftieth Amendment) Act, 1984
This Amendment substitutes an expounded Article 33 for the old Article by the new Article 33,
Parliament is authorised to curtail the fundamentalTscT
INDIAN GOVERNMENT AND POLITICS
of public order, intelligence organisations or telecommunication systems set up for any force or
intelligence bureau, with a view to ensure the proper discharge of duties by and maintenance of
discipline among those persons in the interest of country's security.
The Constitution (Fifty-first Amendment) Act, 1984
The amendment effectuates some changes in Articles 330 and 332 with a view to provide for
reservation of seats in the Lok Sabha for Scheduled tribes in Meghalaya, Arunachal Pradesh and
Mizoram, as well as in the Legislative Assemblies of Nagaland and Meghalaya. The Constitution
(Fifty-second Amendment) Act, 1985
The amendment is designed to prevent the scourge of defection of members of Parliament and
State legislatures from one political party to another. The Constitution (Fifty-third Amendment) Act,
1986
The amendment Act elevated the Union Territory of Mizoram to the status of a State.
The Constitution (Fifty-fourth Amendment) Act, 1986
The Salaries of the Judges of the Supreme Court and the High Courts have been enhanced by the
54th Amendment Act, 1986. Accordingly, a Judge of the Supreme Court gets a salary of Rs.
9,000 per mensem and the salary of the Chief Justice is Rs. 10,000 per mensem. A Judge of the
High Court gets a salary of Rs. 8,000 per mensem and the salary of the Chief Justice of the High
Courts is Rs. 9,000 per mensem.
The Constitution (Fifty-fifth Amendment) Act, 1986
The Union Territory of Arunachal Pradesh was elevated to the status of a State by the 55th
Amendment Act. The Constitution (Fifty-sixth Amendment) Act, 1987
Constitution (56th Amendment) Act, 1987 inserting Article 394A, to make the Hindi text of the
Constitution authoritative. The Constitution (Fifty-seventh Amendment) Act, 1987
The Constitution (57th Amendment) Act, 1987, with the Goa, Daman and Diu Reorganisation
Act, 1987 lifts Goa from the status of Union Territory to that of the 25th State of the Union of
India. The Constitution (Fifty-eighth Amendment) Act, 1987
The Amendment Act provides the reservation of seats for tribals in the Legislative Assemblies of
Arunachal Pradesh, Meghalaya, Mizoram and Nagaland.
The Constitution (Fifty-ninth Amendment) Act, 1988
The Act empowered the Government to impose emergency in Punjab on the grounds that India's
integrity was threatened by internal disturbances. The Constitution (Sixtieth Amendment) Act, 1988
The Amendment Act authorises State governments to increase the ceiling on professional tax
from Rs. 250 to Rs. 2,500 per person per annum. The Constitution (Sixty-first Amendment) Act,
1988 .
The 61st amendment reduces the voting age from 21 years to 18 years for the Lok Sabha and
Assembly elections. The Constitution (Sixty-second Amendment) Act, 1990
The 62nd Amendment Act extends by 10 years the reservation of seats for •
the Scheduled Castes and Scheduled Tribes in the Lok Sabha and StatePOLITICS OF
CONSTITUTIONAL AMENDMENTS IN INDIA
181
lip fee est
es ve
ke
he tid
on
or
or
Assemblies as well as nomination of representatives of the Anglo-Indian community.
The Constitution (Sixty-third Amendment) Act, 1990
The Amendment Act repealed the 59th constitution amendment which empowered the
Government to impose emergency in Punjab.
The Constitution (Sixty-fourth Amendment) Act, 1990
The Amendment Act seeks to extend President's rule in Punjab for further six months.
The Constitution (Sixty-fifth Amendment) Act, 1990
Article 338 of the Constitution has been amended for the constitution of a National Commission
for Scheduled Castes and Scheduled Tribes consisting of a chairperson, vice-chairperson and five
other members who shall be appointed by the President by warrant under his hand and seal.
The Constitution (Sixty-sixth Amendment) Act, 1990
The Act protects fifty-five state Acts relating to land reforms and ceiling on agricultural land
holdings, enacted by States of Andhra Pradesh, Bihar, Gujarat, Himachal Pradesh, Karnataka,
Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Uttar Pradesh, West
Bengal and Union Territory of Pondicherry, from challenge in courts, by including them in the
Ninth Schedule to the Constitution.
The Constitution (Sixty-seventh Amendment) Act, 1991
The Amendment Act seeks to extend President's rule in Punjab for further six months i.e., upto
May 10, 1991.
The Constitution (Sixty-eighth Amendment) Act, 1991
The Amendment Act seeks to extend President's Rule in Punjab for further six months after May
1991.
The Constitution (Sixty-ninth Amendment) Act, 1991
The Amendment Act seeks grant of statehood to Delhi as 'National Capital Territory of Delhi'. It
also provides a 70 member Assembly and a 7 member Council of Ministers for Delhi.
The Constitution (Seventy Amendment) Act, 1992
It facilitates for members of Delhi and Pondicherry Assemblies to participate in the election of
the President.
The Constitution (Seventy-first Amendment) Act, 1992
The amendment facilitates for the inclusion of Nepali, Manipuri and Konkani in the eighth
schedule of the Constitution. With the inclusion of these three languages, the number of
languages in the Eighth Schedule goes up to 18.
The Constitution (Seventy-second Amendment) Act, 1992
For restoring peace and harmony in the areas of the State of Tripura where disturbed conditions
prevailed, a Memorandum of Settlement was signed by the Government of India with Tripura
National Volunteers on August 12, 1988.
In order to implement the said Memorandum, Article 332 of the Constitution has been amended
by the Constitution (Seventy-second Amendment) Act, 1992 for making a temporary provision
for the determination of the number of seats reserved for the Scheduled Tribes in the State
Assembly of Tripura, until the re-adjustment of seats is made on the basis of the first census after
the year182
INDIAN GOVERNMENT AND POLITICS
The Constitution (Seventy-third Amendment) Act, 1992
The Seventy-third Constitutional Amendment Act, 1992 was passed by the Parliament on
December 22, 1992 which was notified by the Central Government through Official Gazette on
April 20, 1993 as it got ratification by the State legislatures and was assented to by the President
of India. After notification the Panchayati Raj Institutions have now got constitutional legitimacy.
After part VIII of the Constitution a separate part IX has been added to the Constitution with the
addition in Article 243A and a fresh schedule called Eleventh schedule enumerating the powers
and functions of Panchayati Raj Institutions has been incorporated. The Act provides for Gram
Sabha, a three-tier model of Panchayati Raj, reservation of seats for SCs and STs in proportion to
their population and one-third reservation of seats for women.
The Constitution (Seventy-fourth Amendment) Act, 1992
The Act provides constitutional status to urban local bodies. After part VIII of the Constitution a
separate part IXAhas been added to the Constitution with the addition in Article 243A and a fresh
Schedule called Twelfth schedule enumerating the powers and functions of urban local bodies has
been incorporated. The Act provides Municipal Panchayat, Municipal Council and Municipal
Corporation, reservation of seats for SCs and STs in proportion to their population and one-third
reservation of seats for women.
The Constitution (Seventy-fifth Amendment) Act, 1993
It has amended Article 323-B and added a new clause (h) providing for establishment of tribunals
for rent control cases.
The Constitution (Seventy-sixth Amendment) Act, 1994
This Amendment Act raises the reservation quota of government jobs and seats for admission in
the educational institutions in favour of socially and educationally backward classes to 69 per
cent in Tamil Nadu. Further, the Amendment Act has been included in the Ninth Schedule of the
Constitution to exempt it from the purview of judicial scrutiny.
The Constitution (Seventy-seventh Amendment) Act, 1995
This amendment has added a new clause (4-a) to Article 16 of the Constitution which empowers
the State to make any provisions for reservation in promotions in government jobs in favour of
SCs and STs, if it is of opinion that they are inadequately represented in the services under the
State. This has been done to nullify the effect of the Supreme Court Judgement in the Mandal
Commission Case (Indra Sawhney vs. Union of India) in which the Court has held that
reservation in promotions cannot be made.
The Constitution (Seventy-eighth Amendment) Act, 1995
This amendment has amended the Ninth schedule of the Constitution and inserted 27 Land
Reform Acts of various States in the Ninth Schedule. After this the total number of Acts included
in the Ninth Schedule has gone upto 284. Now these acts cannot be challenged in the courts on
the plea for the violation of Fudamental Rights.
The Constitution (Seventy-ninth Amendment) Act, 1999
By this Act the Government has extended the reservation of seats for the Scheduled Castes and
the Scheduled Tribes as well as for the Anglo-Indians in the House of the People and in the
Legislative Assemblies of the States for another ten years.
I
183
POLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA

The Constitution (Eightieth Amendment) Act, 2000

Based on the recommendations of the Tenth Finance Commission, an alternative scheme for
sharing taxes between the Union and the States has been enacted by the Constitution (Eightieth
Amendment) Act 2000. Under the new scheme of devolution of revenue between Union and the
States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States
in lieu of their existing share in the income-tax, excise duties, special excise duties and grants in
lieu of tax on railway passenger fares.
The Constitution (Eighty-First Amendment) Act, 2000
By this amendment the unfilled vacancies of a year which were reserved for the Scheduled Castes
and the Scheduled Tribes for being filled up in that year in accordance with any provision for
reservations made under Article 16 of the Constitution, shall be considered as a separate class of
vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be
considered together with the vacancies of the year in which they were filled up for determining
the ceiling of fifty per cent reservation against total number of vacancies of that year.
The Constitution (Eighty-second Amendment) Act, 2000
The amendment provides that nothing in Article 335 shall prevent the State from making any
provision in favour of the members of the Scheduled Castes arid the Scheduled Tribes for
relaxation in qualifying marks in any examination or lowering the standards of evaluation for
reservation in matters of promotion to any class or classes of services or posts in connection with
affairs of the Union or of a State.
The Constitution (Eighty-third Amendment) Act, 2000
The Act amended Article 243M of the Constitution to provide that no reservation in Panchayats
need be made in favour of the Scheduled Castes in Arunachal Pradesh wholly inhabited by tribal
population.
The Constitution (Eighty-fourth Amendment) Act, 2001
The Act amended provisos to articles 82 and 170(3) of the Constitution to readjust and rationalise
the territorial constituencies in the States, without altering the number of seats allotted to each
State in the House of People and Legislative Assemblies of the States, including the Scheduled
Castes and Scheduled Tribes constituencies, on the basis of the population ascertained at the
census for the year 1991 so as to remove the imbalance caused due to uneven growth of
population/electorate in different constituencies. It is also to refix the number of seats reserved for
the Scheduled Castes and the Scheduled Tribes in the House of the People and the Legislative
Assemblies of the States on the basis of the population ascertained at the census for the year 1991
so as to remove the imbalance caused due to uneven growth of population/electorate in different
constituencies. It is also to refix the number of seats reserved for Scheduled Castes and the
Scheduled Tribes in the House of the People and the Legislative Assemblies of the States on the
basis of the population ascertained at the census for the year 1991.
The Constitution (Eighty-fifth Amendment) Act, 2001
This Act amended Article 16(4A) of the Constitution to provide for consequential seniority in the
case of promotion by virtue of rule of reservation for the Government servants belonging to the
Scheduled Castes and the Scheduled184
INDIAN GOVERNMENT AND POLITICS
The Constitution (Eighty-sixth Amendment) Act, 2002
With a view to making right to free and compulsory education a fundamental right, the
Constitution Eighty-sixth Amendment Act, 2002 was passed by Parliament to insert a new
Article, namely, Article 21A conferring on all children in the age group of 6 to 14 years the right
to free and compulsory education.
The Act amends in Part III, Part-IV and Part IVA of the Constitution. The Constitution (Eighty-
seventh Amendment) Act, 2003 (w.e.f. 22.06.2003)
This amendment provides for readjustment of electoral constituencies, including those reserved
for the Scheduled Castes and the Scheduled Tribes, based on the population Census for the year
2001, without affecting the number of seats allocated to States in the legislative bodies.
The Constitution (Eighty-eighth Amendment) Act, 2003
Insertion of new article 268A : After article 268 of the Constitution, the following articles have
been inserted, namely :
"268A. Service tax levied by Union and collected and appropriated by the Union and the States. :
(1) Taxes on services shall be levied by the Government of India and such tax shall be collected
and appropriated by the Government of India and the States in the manner provided in clause (2).
(2) The proceeds in any financial year of any such tax levied in accordance with the provisions
of clause (1) shall be :
(a) collected by the Government of India and the States;
(b) appropriated by the Government of India and the States,
in accordance with such principles of collection and appropriation as may be formulated by
Parliament by law."
Amendment of article 270 : In article 270 of the Constitution, in clause (1), for the words and
figures "articles 268 and 269", the words, figures and letter "articles 268, 268A and 269" have
been substituted.
Amendment of Seventh Schedule : In the Seventh Schedule to the Constitution, in List I-Union
List, after entry 92B, the following entry has been inserted, namely :
"92C. Taxes on services."
The Constitution (Eighty-ninth Amendment) Act, 2003
The Act makes provisions of Article 338A for creation of separate National Commission for
Scheduled Tribes. The Commission shall consist of a chairperson, vice-chairperson and three
other members to be appointed by the President by warrant under his hand and seal.
!
The Constitution (Ninetieth Amendment) Act, 2003
Article 332 of the Constitution of India provides for reservation of seats for the Scheduled Castes
and the Scheduled Tribes in the Legislative Assemblies of the States. Clause (6) of article 332
stipulates that no person who is not a member of a Scheduled Tribe of any autonomous district of
the State of Assam shall be eligible for election to the Legislative Assembly of the State from any
constituency of that district.
In pursuance of the Memorandum of Settlement signed on the 10th day of February, 2003
between the Government of India, Government of Assam and Bodo Liberation Tigers and to
protect the rights of the non-tribals, the existing representation of the Scheduled Tribes as non-
Scheduled Tribes in the Legislative Assembly of the State of Assam from the Bodoland
Territorial Council AreasPOLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA
185
District is proposed to be kept intact. It is, therefore, proposed to insert a proviso in clause (6) of
article 332 of the Constitution.
In article 332 of the Constitution, in clause (6), the following proviso shall be inserted, namely :
"Provided that for elections to the Legislative Assembly of the State of Assam, the representation
of the Scheduled Tribes and non-Scheduled Tribes in the constituencies included in the Bodoland
Territorial Council Areas District, so notified and existing prior to the constitution of the
Bodoland Territorial Council Areas District, shall be maintained."
The Constitution (Ninety-first Amendment) Act, 2003
The Act amends articles 75, 164 and Tenth Schedule of the Constitution. It also inserts new
article 36 IB in the Constitution. The aim of the Act is to strengthen the anti-defection provisions.
In article 75 of the Constitution, after clause (1), the following clauses have been inserted, namely
:
"(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers
shall not exceed 15 per cent of the total number of members of the Lower House of Parliament.
(IB) A member of either House of Parliament belonging to any political party who is disqualified
for being a member of that House under paragraph 2 of the Tenth Schedule shall also be
disqualified to be appointed as a Minister under clause (1) for duration of the period commencing
from the date of his disqualification till the date on which the term of his office as such member
would expire or till the date on which he contests an election to any House of Parliament or
Legislature of a State, whichever is earlier."
Amendment of article 164 : In article 164 of the Constitution, after clause (1), the following
clauses have been inserted, namely :
"(1A) The total number of Ministers, including the Chief Minister, in the Council of Ministers in
a State shall nojt exceed fifteen per cent of the total number of members of the Legislative
Assembly of that state :
Provided that the number of Ministers, including the Chief Minister in a State shall not be less
than twelve : ^
Provided further that where the total number of Ministers, including the Chief Minister, in the
Council of Ministers in any State at the commencement of the Constitution (Ninety-first
Amendment) Act, 2003 exceeds the said fifteen percent, Or the number specified in the first
proviso, as the case may be, then, the total number of Ministers in that State shall be brought in
conformity with the provisions of this clause within six months from such date as the President
may by public notification appoint.
(IB) A member of the Legislative Assembly of a State or either House of the Legislature of a
State having Legislative Council belonging to any political party who is disqualified for being a
member of that House under paragraph 2 of the Tenth Schedule shall also be disqualified to be
appointed as a Minister under clause (1) for duration of the period commencing from the date of
his disqualification till the date on which the term of his office as such member would expire or
where he contests any election to the Legislative Assembly of a State or either House of the
Legislature of a State having Legislative Council, as the case may be, before the expiry of such
period, till the date on which he is declared elected, whichever is earlier."
Insertion of new article 361B : After article 361Aof the Constitution, the186
INDIAN GOVERNMENT AND POLITICS
'361B. Disqualification for appointment on remunerative political post: A member of a House
belonging to any political party who is disqualified for being a member of the House under
paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political
post for duration of the period commencing from the date of his disqualification till the date on
which the term of his office as such member would expire or till the date on which he contests an
election to a House and is declared elected, whichever is earlier.
Explanation : For the purposes of this article :
(a) the expression "House" has the meaning assigned to it in clauses (a) of paragraph 1 of the
Tenth Schedule;
(b) the expression "remunerative political post" means any office :
(i) under the Government of India or the Government of a State where the salary or remuneration
for such office is paid out of the public revenue of the Government of India or the Government of
a State, as the case may be; or
(ii) under a body, whether incorporated or not, which is wholly or partially owned by the
Government of India or the Government of a State and the salary or remuneration for such office
is paid by such body.
except where such salary or remuneration paid is compensatory in nature.' Amendment of the
Tenth Schedule : In the Tenth Schedule to the Constitution :
(a) in paragraph 1, in clause (b), the words and figures "paragraph 3 or, as the case may be,"
have been omitted;
(b) in paragraph 2, in sub-paragraph (1), for the words and figures "paragraphs 3, 4 and 5", the
words and figures "paragraphs 4 and 5", have been substituted;
(c) Paragraph 3 has been omitted.
The Constitution (Ninety-second Amendment) Act, 2003
The Act makes provision for amendment of the Eighth Schedule of the Constitution and includes
Bodo, Dogri, Maithili and Santhali in the Eighth Schedule. Now there are 22 languages in the
Eighth Schedule.
CONSTITUTIONAL AMENDMENTS : ACTS OF OPPORTUNISM
Less than 55 years after the Constitution came into force on Republic Day 1950, we have had
more than 92 constitutional amendments. Some were necessary. Most were not. As so often in the
past, the constitutional amendments which were introudced in the Parliament in the Rajiv era
were purely self-seeking, introduced to serve the aims of the party in power. There had been
murky motives behind the spate of such amendments in recent years.9
The 38th amendment was rushed through Parliament in July 1975 in order to prevent the Courts
from inquiring into the legality of the fraudulent proclamation of emergency promulgated on June
26, 1975 by a supine President, Fakruddin Ali Ahmed, on the advice of Prime Minister Indira
Gandhi who had been unseated in the Lok Sabha by the Allahabad High Court exactly a fortnight
earlier. The amendment also barred judicial review of Presidential Orders suspending the
enforcement of fundamental rights.
There followed swiftly the 39th amendment which ousted the jurisdiction of courts, with
retrospective effect, in respect of any petition challenging the Prime Minister's election to the Lok
Sabha. This part of the amendment wasPOLITICS OF CONSTITUTIONAL AMENDMENTS IN INDIA
187
struck down by the Supreme Court on the ground that it violated 'the basic structure' of the
Constitution. But Mrs. Gandhi won her appeal all the same and not on the merits, either. She had
the election law, the Representation of the People Act, 1951, amended retrospectively and
precisely on the points on which she had lost in the Allahabad High Court. The 39th amendment
put the entire Act together, with the motivated 1975 amendment in the Ninth Schedule to the
Constitution so that it became protected against challenge on the ground that it violated the
Fundamental Rights.
Towards the end of the Emergency Mrs. Indira Gandhi secured the enactment of the hated 42nd
amendment which warped our democratic polity and whittled down the Fundamental rights. It
was meant to institutionalise the Emergency. The 42nd amendment came into force on December
18, 1976. A month later Mrs. Gandhi went to the polls in the hope, no doubt, that she would
secure popular ratification of her schemes. She failed ignominiously but that was because of the
people. Parliament had dismally failed the nation.
The Hansard Society had set up a commission on Electoral Reform. Its Report submitted in June
1976 made this very pertinent comment, "In India, we have noted that the first-past the post
system has made it possible for the Constitution to be changed by a two-thirds majority of the
members of the Lok Sabha elected by less than 50 per cent of the popular vote." In effect, an
unrepresentative parliamentary majority of the day in bondage to the party leader can wreak
havoc on the nation with lasting consequences.
Few recall today a constitution amendment even more shocking than the three already mentioned
(the 38th, 39th and the 42nd). It was the 41st Amendment Bill. It was published in the Gazette
Extra-ordinary bearing the date Saturday August 9, 1975 as Bill No. XVIII of 1975 and was
adopted by the Rajya Sabha that very day.
It sought to give not only the President and the Governors, the Constitutional heads, but the
politician who serves as the Chief Executive, the Prime Minister, immunity of the widest possible
amplitude against criminal proceedings in respect of any offence, whether committed before or
during the term of office. A similar immunity was conferred in respect of civil proceedings for
acts done in a 'personal capacity'. The Bill was not introduced in the Lok Sabha only because the
Supreme Court had reaffirmed the doctrine that 'the basic structure' of the Constitution is not
open to amendment and equality before the law is to be very much part of 'the basic structure'.
Motivated amendment apart, large majorities and tight party control have induced a casualness in
regard to the amending process. The sanctity of the Constitution has suffered in consequence.
The Constitution 35th Amendment Act made Sikkim a State 'associated with, the Union" on
February 22,1975 on terms laid down in the Act. Less than three monftis latex, onlAay \?>,\
<
an^>,'Ctle'alo1«Ott OT& mt\Ye\3raoriA\ke arvy ot\ver.
During Mr. «3 aw afcarlsl Nehru's Premiership was amended 17 times. Mrs. Gandhi's
Government
ZZtTimes in the decade between 1966 and 1976. The Janata Govern^ had the Emergency's
excesses in the constitutional realm rectified tehie 43 rd and 44th amendments. Mrs. Gandhi
returned to power in Januatv 1980 From April 1980 to October 1984, when she served as Prime
Master the Constitution was amended 6 times. Mr. Rajiv Gandhi began with Minister me
yonsxii^ ^ pvhmarv 1985 and has taken the score to
Constitution
Januav
Master the Constitution Minister, me yonsxii^188 IINUIMIN UUILI in..._......._
the 64th and 65th Amendment Bills which on enactment would have been reckoned as
the 63rd and 64th Constitution Amendment Acts.10
Mr. V.P. Singh began with 62nd amendment act and has taken the score to the 76th
Amendment Bill, which on enactment is placed as 66th Amendment Act. A. B. Vajpayee,
though a coalition regime, amended the Constitution 14 times in between 1999-2003. The
anti-defection Bill, the 52nd amendment, reflected Rajiv's style. It ignored all the
previous studies on the subject and was rushed through. It makes the legislator a slave to
the party whip. The 59th amendment enacted in 1988 amended the emergency provisions
of the Constitution in relation to Punjab, to enable the Government not only to proclaim
an emergency there on the ground of 'internal disturbance', which is not applicable to the
rest of the country, but also to suspend the precious rights to life and liberty. The 86th
amendment makes provisions for right to free and compulsory education a fundamental
right. The 92nd amendment makes provisions to amend the Constitution by omitting
paragraph 3 of Tenth Schedule to the Constitution and provides that the size of the
Council of Ministers should not be more than 15% of the strength of the House or Houses
concerned whether unicameral or bicameral. Arithmetical computations are not a safe
guide in those matters, but 92nd odd amendments in 55 years is a lot. Not all were
unnecessary or unwise. Some were called for to grant statehood a new or to carve out
new States out of existing ones. Some others were necessary to protect land reforms and
economic legislation. A good few others dealt with taxes. But the Ninth Schedule was
expanded not only in size but altogether changed in content. It protects from judicial
scrutiny a host of laws which have no bearing on re-distributive justice.
Dr. Ambedkar said in the Constituent Assembly on November 4,1948 that the
Constitution is not "a something which you are going to change from day
to day." It must deal with the fundamental aspects........and not with the details
which are matters for legislation." If you do that "you bring the basic things to the level
of the secondary things too. You lose them in a forest of detail."
And except for the 44th amendment of the Janata days, not once has a constitutional
amendment enlarged the area of the citizen's rights, let alone added new ones such as the
right to privacy of home or to confidentiality of home or to confidentiality of
correspondence. The trend has been consistently
an illiberal one.
REFERENCES
M.V. Pylee, India's Constitution (1967), p. 403.
Quoted in James W. Garner, Political Science and Government (1935, Calcutta), p. 537.
Herman Finer, The Theory and Practice of Modern Governments (1965), p. 127.
W.B. Munro, The Government of the United States (New York, 1947), p. 77.
Subhash C. Kashyap, Jawahar Lai Nehru and The Constitution (New Delhi, 1982), pp.
331-32.
A.I.R. 1973, S.C. 1961.
N.A. Palkhivala, Our Constitution Defaced and Defiled (New Delhi, 1974), p. 123.
Ibid., pp. 147-150.
1. 2. 3.
4.
6.
7. 8. 9.
10.
N.A. Palkhivala, Our Con
Ibid., pp. 147-150.
A.G. Noorani, "Constitutional Amendments—Acts of Opportunism." The Indian Express,
Otob 15 1989
A.G. Nooran, October 15, 1989. Ibid. Chapter 17
NATURE OF THE INDIAN STATE
Modern states may be classified into two broad forms—liberal democratic and totalitarian. While
the former stands on the foundation of democracy signifying residence of power in the hands of
the people and its utilisation by their chosen representatives; the latter is antithesis of the former
where political power lies in the hands of a group of power hungry politicians or a junta of
military oligarchs who strive to secure legitimacy of their rule by means of 'force and fraud'. The
totalitarian form of state has been justified by its protagonists on the grounds of political stability
and socialistic achievements and thereby claimed to be more democratic than the model of a
liberal democratic state. Curiously, in between the two, the model of an authoritarian (autocratic)
state has been inserted. Another variety popularly known by the name of'welfare state'has
emerged as a harmonious blending of the two having cardinal virtues of both—likely of the
former and welfare of the latter—and discarding the cardinal weaknesses of both—laissez faire of
the former and regimentation of justice of the latter. The concept of welfare state has been
devised to meet the challenge of the totalitarian state. It has brought about a reinterpretation of the
case of liberal-democratic state so much so that the line of distinction between a liberal-
democratic state on the one hand and a welfare state on the other has almost blurred, while the
boundary line between a liberal-democratic state on the one side and a totalitarian state on the
other has become sharp and clearcut.
Broadly speaking, there are two prominent approaches to the study of the state. They are liberal
and Marxist. The liberal-modernist perspective focuses on institutions and processes as the key to
understanding the state and political power in India. Marxist theories regard political economy as
the decisive factor and the principle of class analysis as the determining element in unpacking the
state.
Gunnar Myrdal, described the Indian state as a 'soft state' lacking the capacity to act against the
vested interests.
Subscribing to a neo-Marxist view, Bardhan contends that the state is an autonomous actor,
which in certain historical cases such as India's is an important player in shaping and moulding
class power, rather than vice-versa.
Both Nehru and Indira Gandhi relied mainly on the civil service as the principal engine of social
transformation. Both counted on the instrumentality of the state, and equated the idea of public
good with the institutional control of the
state.INDIAN GOVERNMENT AND POLITICS

Class Character of the Indian State

It can still be asserted that the state in India has not developed to the point of autonomy
and is not the state of all the classes of people. It is the state which serves the interests of
the propertied classes in society. It pursues policies which benefit the dominant classes.
In the context of our times, Mandel argued that the state is a capitalist state because (i)
the apparatus of the state is organized in a manner which corresponds to the general
organization of capitalist society, i.e. hierarchy; (ii) the state is the "ideal total capitalist"
(Engels); (iii) the state depends on the health of monopoly capital for its finances; (iv)
only a very small minority of state officials have decision-making powers; (v) promotion
is based on adherence to bourgeois norms; (vi) the state draws upon and co-opts cadres
from trade unions and business to serve on its committees; (vii) public officials are
confined to 'rational' solutions within the system; (viii) anti-monopoly agencies which are
supposed to protect the public interests are powerless and depend on the very industries
that are supposed to regulate; (ix) the separation of powers means that there is no direct
democracy by the working class. The parliamentary electoral process atomizes each
worker to the confines of the ballot-box and thereby enables the state to prevent
collective-capitalist action; (x) the early bourgeois states witnessed parliament as the
integration of varied class interests but the growth of monopoly capital coincided with the
growth of working class parties, hence the state apparatus rather than parliament now
serves as the principal medium for maintaining the rule of capital; (xi) the state
dramatically increases its role to socialize the costs of production through state planning;
(xii) the passing of reform legislation creates the social democratic illusion that the state
could redistribute wealth; (xiii) the state has become a crisis manager and is forced to
intervene on a massive scale at the economic political, ideological level sometimes
repressively; as it is a permanent crisis manager, the crisis in capitalism now becomes a
permanent crisis of the state; but as the forces of production outgrow the national state,
they likewise outgrow the state's role and ability to control the supranational industrial
cycle. The state is thus subject to both domestic and foreign crisis which it has to manage
for the benefit of the capitalist class.1 There is a great deal of truth in the points raised by
Mandel. Hence, we confine our argument to the personnel of the st*te system; social
outlook of the state managers and structural imperatives. .,.-
Before we delineate the class nature of the state in India, it is necessary to analyse the
basic philosophy of the Indian Constitution—the fundamental law of the land—which
codifies the legal normative postulates. The founding fathers of the Constitution had
visualized the establishment of a particular type of social and economic order. Their
socio-political outlook was shaped by the doctrine of conservatism. The members who
did not subscribe to the doctrine of conservatism were ignored. Therefore, the basis for
framing the Constitution and the state created under it was a capitalist one. The protests
registered by B. Das,K. T. Shah, Damodar Swarup and B.R. Ambedkar were simply not
taken into account. They (the above mentioned) held that the Constitution does not offer
anything worth-while to the common man as the State created by the Constitution would
be oblivious to its primary duty of removing hunger and rendering social justice and
social security to every citizen. They feared that the Constitution would result in the "rule
of a few capitalists and vested interests" who would 'dominate' the administration and the
people would be 'dependent' on them. They questioned, why there were no provisions in
the Constitution for 'bread for the poor, starving, naked and oppressed people ofNATURE OF
THE INDIAN STATE
191
India', for a guarantee of work/or employment for them, for wages according to their work, for a
living wage and payment for subsistence. They argued that in the absence of such provisions, the
Constitution may become a "heaven for the lawyers" or the 'Magna Carta' for the 'Capitalists', but
for the poor and toiling people it will be nothing more than 'waste paper'. They held that the
Constitution would serve the interests of the propertied classes. They sharply attacked the
representatives of the dominant conservative tendency which aimed at maintaining the existing
social structure, capitalism and status quo which cannot go hand in hand with the object of
removing poverty and unemployment. It was also noticed that the founding fathers were not able
to touch upon interests other than agricultural interest. Even the Zamindar or feudal interest was
touched upon in a very lukewarm manner. They further argued that the liberty guaranteed by the
Constitution would be liberty—"to the landlords to increase rents, for capitalists to increase the
hours of work and reduce rate of wages." It will help in establishing "dictatorship of private
employer".2 The arguments put forward by these members were not heeded as the establishment
of non-capitalist society was out of sight and out of mind of the overwhelming majority of the
Constituent Assembly. Thus, the legal-normative postulates of the Constitution were in
consonance with the principles of capitalist economy and society. It was not an accident that the
framers of the Constitution made the Fundamental Rights justiciable and the Directive Principles
of state policy non-justiciable. The presence of the repressive element in the different provisions
of the Constitution indicated the designs of the powers that be. Preventive Detention, Emergency,
etc. emanate from the Constitution itself. Thus the Constitution not only marked out the
organization of the political order but also a property relations. It instituted the political
domination of the propertied classes by codifying the forms of division within the framework of
the class-divided society in India.
One of the criteria to judge the nature of the class rule in India is the stratum of society which
provides personnel to the different institutions of the government, f" 'it us take the case of our
legislators and of the leaders at the grass-roots level. It is important because it helps in
understanding the nature of state power. Although complete information is not available about the
social origins of the leaders yet on the basis of available data it can be inferred that it is not the
poor who have any opportunity to represent the people. The system favours those who belong to
the upper and upper middle classes. They have the necessary resources in terms of education,
social prestige and money to occupy the important positions of leadership, Satish K. Arora who
made a study of the social background of the Fifth Lok Sabha observes :
".............that the men of political power from the first to the fifth
Lok Sabha are largely interchangeable, for the bases from which they are recruited are
remarkably constricted. The Indian representative political process is systematically skewed in
favour of some classes and as systematically biased against other classes."
Satish Arora's study also reveals that the working class, the peasantry and women form part of the
'syndrome of exclusion' from formal power.4 The gap between the citizenry and the managers of
state is evident at all levels of decision-making bodies. Our Central Cabinet members are
"probably among the most highly educated group of political leaders in power anywhere in the
world."5 A sizable number of these members attend institutions of higher 192
INDIAN GOVERNMENT AND POLITICS
the fact that our rulers are educated or that they should be excluded from office. There cannot be
any mechanical reversal of the roles of the rulers and the ruled just as they are at the moment. The
argument is against the social and economic system which makes the exclusion of the many
underprivileged inevitable and irremediable. It should also be noted that social and economic
organs of the Cabinet, Council of Ministers and of the Parliament are not dissimilar. Even at the
lower level of the pyramid of political power, wealth and leadership go together. The leadership
process is governed by the considerations of personal assets i.e. social, economic and educational
status and resources to manipulate the positions of power. Political position is invariably
associated with significant increase in wealth.6 It is sometimes argued by the sociologists that
Panchayati Raj has helped the dominant castes to monopolize the seats of authority. But a careful
analysis of the political situation will reveal that it is the class of rich peasants and landlords who
monopolize all the important political positions. They possess not only land but also control non-
agricultural economic resources like credit and trade. The poor belonging to the so-called
dominant castes are not the beneficiaries of the Panchayati Raj but are at the receiving end. It is
interesting to note that in the Panchayat Samiti election in Haryana, of the 1,520 primary
members elected, 900 are lawyers, land-owners, brick-kiln contractors and wine merchants. The
number of such members in the past used to be much less.7 The correlation between castes and
the electoral process cannot be ignored. Election data about the rural constituencies indicate that:
Electoral politics has clearly strengthened the larger caste affiliations. These affiliations and the
associated network of patriarchal and patrimonial ties are also useful tools of class hegemony for
the rich farmers, who can exercise their economic and cultural domination even without well-knit
class organizations and even when they are geographically dispersed. The poor jat or Maratha
peasant gets to share the hegemony consciousness of the more fortunate kin. 8
The real benefits of the co-operative societies go to the upper strata of village society and the big
landlords.9
The administrative personnel also belong to the same upper middle class and upper castes
groups.10 The entry of the boys and girls coming from lower classes and castes was thwarted
because the norms and methods which were followed during the colonial period were bodily
lifted and followed even after 1947. This approach prevented the administrative services from
becoming 'non-elitist'; it did not permit democratization of the services. Consequently, those who
man the top bureaucracy generally come from the wealthy, urban and educated classes. 1 Their
parents belong to the upper layers of society and are engaged in modern professions such as law,
engineering, medicine and teaching in the universities.12 They are drawn from the urban and rural
elite classes. Even at the rural level, the administrative personnel whose work is of crucial
importance do not have any rural background. They mostly come from 'urban petty bourgeoisie'
and find it difficult to make contact with the peasants. Charles Bettelheim holds that this problem
cannot be solved by recruiting the better-off peasants' sons who have a fair level of education.
Because of their social origins, they are included to help the rich peasantry and ignore the
others.13
The members of the judiciary and the army officers corps belong to the restricted social group—
middle class and landed gentry. Despite recruitment from the urban petty bourgeoisie, the landed
gentry element continues toNATURE OF THE INDIAN STATE
193
predominate. According to figures by the Law Minister (in the Lok Sabha) out of the 378 Judges
in position in the 18 High Courts as on January 18, 1984, only six belonged to the Scheduled
Castes—two in Andhra Pradesh High Court and one each in Bombay, Calcutta, Karnataka and
Madras High Courts—and nine belonged to the Scheduled Tribes.14 R.K. Khadilkar, once stated
in the Lok Sabha :
There are certain schools called Sainik Schools which have been started recently; I find in this
country as in the West, children of the upper strata dominate the defence Academy because they
are trained for it. They have enough money. If our army is not to be marred by caste-ridden
people from the upper strata of society, you should have more preparatory schools.15
The social outlook of the leaders in the different institutions of the government is one of the
indicators of the class character of the Indian system. There is a remarkable similarity in the
social outlook of the political leaders, administrators, judges and the army officers. All of them
share the same world view, belief pattern and the approach to 'the foundations of society'. In spite
of the conflicts between the different institutions of the government, the social outlook is a great
cementing force. In fact, this outlook finds expression in the mass media and in the prevailing
educational philosophy. It may be termed as the 'official philosophy' of the Indian state. The
social outlook of the Indian leaders is partly a product of the national movement and partly the
result of the capitalist political economy. During the freedom struggle:—the national leaders—
consciously or unconsciously, took up only those economic issues which were to the advantages
of the traders and moneylenders and capitalist industrial enterprise. The example of Swadeshi
may be cited here, Gandhiji once said,
"I shall not be party to dispossessing the propertied classes without just cause. My objective is to
reach your hearts and convert you so that you may hold all your private property in trust for your
tenants and use it primarily for their welfare...The Ram Rajya of my dreams ensures the rights
alike of prince and pauper. You may be sure that I shall throw the whole weight of my influence
in preventing a class war... Our socialism or communalism could be based on non-violence and
on the harmonious co-operation of labour and capital, the landlord and tenant." 16
On April 7, 1931, Gandhiji, opening the annual meeting of the FICCI, said to the members of the
business community. "I want you to make the Congress your own and we will willingly surrender
the reins to you. The work can be better done by you."17 The pro-landlord attitude is reflected in
the different policies of the Congress before 1947 :
No wide mobilization of the peasantry occurred even around Congress led peasant movements
outside U.P......The.Champaran and Kaira
movements were rather narrow in scope and Gandhi made it clear that they were not a part of the
political national movement. The Guntur no-tax campaign was quickly curbed. The Bardoli
Satyagrah of 1928 was declared by its leader, Sardar Patel, to be non-political. After 1937, the
Congress Ministries frowned upon any effort to organize peasant demonstration even in support
of the Congress agrarian programme. It is moreover, not accidental that Gandhi and the Congress
did not cindp nn-tax campaign.194
INDIAN GOVERNMENT AND POLITICS
Thus it is clear that the social outlook of the Congress leader, before 1947, can be characterized
by the support to private property, capitalist enterprise, landlordism and social conservatism. All
this has been enunciated under the cover of socialist rhetoric. The same attitude continued even
after 1947 when power was transferred into the hands of the Indian leaders. This is evidenced in
the writings and speeches of the leaders who occupied important positions in the government.
After 1947, the economic goal of the government was 'mixed economy' and not socialist
economy. 'Mixed economy' implied planning, regulation and concessions to the private sector.
The managers of the Indian state, after 1947, recognized the fact of class divisions, class struggle
and conflicting class interests but believed that they should not be encouraged and intensified.
They were convinced that "the 'surest' and 'the best' way to resolve these 'conflicts' is through
peaceful methods and by a friendly approach. It is not necessary to aim at injuring others or to
spread the spirit of hatred and violence."19 The Congress leaders claimed that their party was the
party of all classes—zamindars and peasants, labour and capital. They perceived no conflict
between the private sector and public sector. They believed that the status quo should be
maintained and for that purpose violent upheaval or disturbance in society must be avoided.
The ideology and the approach of the top administrators is not very different from that of the
political leaders of the 'democratic' parties. A study of the IAS probationers revealed that a
considerable number of the new entrants in the IAS did not believe in equality, secularism,
economic planning and reservation policy.20 School ties and particularities loyalties of caste,
religion, community and language, middle class and upper middle class background, and socio-
economic thinking qualify retired civil servants into good lobbyists of the business houses. 21
Ideally, the bureaucracy is conceived as impersonal, and procedure bound, but in the reality of
politics, not independence or neutrality but sycophancy and subservience to the political
executive form the essential features of the Indian bureaucracy. After retirement they may
become governors, chairmen or members of the boards of the public corporations and the
employees of the associations of the business community.
The judiciary in India possesses a conservative disposition. The mental matrix of the members of
the judiciary is that they regard property rights as sacred, taxation as evil, laissez faire as the
natural and the ideal state; land reforms, debt relief measures and labour rights amount to
interference with settled rights of parties.23 This in-built conservatism leads to hostility to
socialism or to any progressive cause. The following statement by one Chief Justice represents
the attitude of the judiciary as whole :
For as start.....it is imperative that we abandon at least for the
time being, all talk of socialism, of land reform, of the imposition of
ceiling on holdings etc.....Land for the landless and for the Harijans is
not the way to the millennium.....Remember that in private enterprise
the profit motive is the driving force. Give enterprising cultivators and industrialists large sized
farms and ensure that politicians are restrained from interfering with production, and you will see
the country becoming self-sufficient in food.
The judges visualise the role of the judiciary as that of preventing the disruptive forces "and to
help in the continuance of life, habit and structure". The dangers averted in the life of the people
are "neither remembered nor recorded". One day perhaps history will record, on how many
occasions andNATURE OF THE INDIAN STATE
195
where, the judiciary has brought nations back from the precipice of revolution, disorder and
anarchy.25 These opinions found expression in a number of Supreme Court judgments which
resulted in invalidating progressive legislation.
Nature of the Indian State
The nature of the Indian State is a matter of controversy. The Constitution of India establishes a
democratic state with a modern institutional framework on the one hand while the critics on the
other hand say that the Indian state is centralised in nature, bureaucratic in form and capitalist in
context. The CPI has viewed the state as the organ of the ruling classes in which the bourgeoisie
is in collusion with big business and the rich landlords. The collusion is financed and supported
by foreign finance. The CPM also accepts this view of the Indian state but does not accept the
collaboration thesis.
The main characteristics of the Indian state are following which highlights the nature of the state
itself: .
1. Liberal-democratic State : The model of a liberal-democratic state signifies a political system
in which democracy or 'the rule of the people' prevails to make the regime 'legitimate' in the real
sense of the term. The machinery of government is run by the chosen representatives of the
people who are accountable to them for their policies and actions. Freedom of speech, discussion
and expression of views, universal adult franchise and free and fair periodic elections, etc., all
entail a continuous test of the legitimacy of this government. The liberal-democratic state is based
on the assumptions that the government is not an end in itself but a means for the realisation of
the greatest good of the greatest number; the authority of the government is not absolute but
limited by the laws; there is more than one political party; the competition for power is open, not
secretive; periodic elections based on a wide franchise, the mass media is not monopolised by
government.
All this brings us to the point that India is one which stands for the preservation of the entire
paraphernalia of a liberal-democratic state. The Constitution facilitates for adult franchise,
periodic elections, representative and responsible government, independent judiciary, rule of law
and separation of powers. The limited government and competitive party system are cardinal
features of the Indian model of state. In the words of Rajni Kothari, "while economic and social
change is in important respects planned and directed from above, it is nonetheless carried on
within the framework of an open and undirected polity."
2. Centralised State : While Gandhi talked about decentralised state in the Indian context but in
fact centralised state has emerged in the process of development. All the powers of economic
development and social change are vested in the state. The state has been given vast powers in the
field of agricultural and industrial development. The state in India is running public sectors,
provides for the safety of citizens and enforce law and order. It sets up and runs educational
institutions, hospitals and co-operative societies. It also looks after trade, commerce and industry.
It also sets up law courts and administers justice. It is responsible for promoting sports and
entertainments. Everything is centralised in the hands of state and thus India is moving towards
'statism'. In the words of Rajni Kothari, "The ideology of a stronger and centralised state and the
cult of personality have brought the country close to196
INDIAN GOVERNMENT AND POLITICS
3. Bureaucratic State : Bureaucracy is an essential instrument of a modern state yet in India the
nature of the state itself is bureaucratic. It is important to remember that the development
process in India started within the framework of a well-developed administrative structure. This
has had an enduring legacy for subsequent development. All the more important
programs—industrialisation, community development, education, agricultural production, even
local self-government have been approached in a framework that is essentially administrative and
bureaucratic.
Pranab Bardhan, an economist observes : "Over time the state accumulated powers of direct
ownership and control in the economy to an extent unparalleled in Indian history both in the
spheres of circulation (banking, credit, transport, distribution and foreign trade) and of production
and accumulation. The state now accounts for nearly two-thirds of all productive capital and one-
third of the total value added in manufacturing in the factory sector. It runs seven of the top ten
(sixteen of the top twenty-five) industrial units in the country, directly employs two-thirds of all
workers in the organised sector, holds through public financial institutions a very large part of the
paid-up capital of joint stock companies in the private sector and regulates patterns of private
investment.......This capturing by the state of the 'commanding heights' of the economy nurtured
the illusion among the faithful of a painless socialism from above for a prolonged period of time."
[Bimal Jalan (Ed.), The Indian Economy—Problems and Prospects, Viking—1992, p.323]
The structure of an administration is an important determinant of its capabilities. At the lower
runs of the bureaucracy, formalism has served to stifle bureaucratic initiative and imagination.
Procedure involves what Appleby has called 'the hierarchical movement of paper'. Unwilling to
accept responsibility even for minor decisions, petty bureaucrats refer the files, neatly tied in red
tape, to a higher level. In India, it is said, "The British introduced red tape, but we have perfected
it." Responsibility is diluted in delay and inaction. "Red tape becomes a technique of self-
preservation" writes Kothari. Bhamini Sen Gupta observes, "Indeed, the State became
democratic, but the administration remained largely authoritarian and imperial. For the people at
large, however, there was little change. For them, the government was represented by the Patwari,
the police, the magistrates and the Lower Courts functioning much as they had done in the
colonial years."27
4. Welfare State : The concept of welfare state represents a happy blending of the two varieties of
states—liberal-democratic on the one hand and communist—totalitarian on the other. It borrows
the element of freedom from a liberal-democratic state and mixes it with the emphasis on public
welfare of a totalitarian state and in this way, presents the model of a new state that embraces the
virtuous aspects of both democracy and socialism.
The framers of the Indian Constitution incorporated many provisions designed to make India a
welfare state. The basic aims of a welfare state were clearly foreshadowed in the Preamble to the
Constitution, and in virtually all of part IV of the Constitution, containing the Directive Principles
of state policy. Article 36 states : "The state shall strive to promote the welfare of the people by
securing and protecting as effectively as may be a social order in which justice, social, economic
and political, shall inform all the institutions of national life."
5. A Bourgeois State : The Constitution by guaranteeing property rights acquired the decisive
character of a bourgeois constitution. And the state

NATURE OF THE INDIAN STATE

197
elaborated in harmony with this basic principle of the Constitution logically became a bourgeois
state. According to A.R. Desai, a state which does not guarantee the right to work forfeits its
claim to be called a representative of propertyless classes ab-initio. It, by its postulates, becomes
the representative of the propertied classes, in India basically of the capitalist-class.
6. Interventionist State : The Indian state is highly interventionist and whether one approves of
this or deplores it, it is an important organisational feature in contemporary India that is not likely
to change soon. An interventionist state at low levels of economic development, moreover, is a
feature that India shares with many Third World countries. The state is not only an agent of
political order in India; it is also responsible for promoting socio-economic development. Those
dual responsibilities have led to a highly interventionist—■ Indian state.
Soon after independence, there was a widespread consensus among political leaders and
economists that the state must be the primary instrument for changing the existing economic
structure and bringing about growth and development.
However, Atul Kohli observes : "Over the past two decades, a legitimate and moderately stable
state that was confident of its ability to lay out India's agenda for socio-economic change has
evolved into a reactive state. This state is omnipresent, but feeble; it is highly centralized and
interventionist, and yet seems powerless."
7. Secular State : By adding the word 'secular' to the existing description of the country as a
'Sovereign democratic republic' in the Preamble, the commitment to the goal of secularism has
been spelled out in clear terms. A secular state has negative and positive aspects. Negatively, it is
the antithesis of a communal or theocratic state which officially identified itself with a particular
religion. Pakistan, for instance, has proclaimed itself an Islamic state. In a secular state, on the
other hand, there is no official or state religion. In its positive aspect, a secular state treats all its
citizens alike and gives them equal opportunities. According to Prof. Alexandrowicz, "India as a
secular state guarantees, constitutionally, freedom of religion to all persons, and does not assign a
special position to any particular religion." The state has no official religion. No discrimination
can be made on the basis of religion, faith, caste, colour and sex. Every citizen is equal before
law. It guarantees to religious minorities the right to maintain their own language and to establish
educational institutions of their choice. An important manifestation of secularism in India is the
abolition of communal electorates and the adoption of the provision that elections are to be held
on the basis of universal franchise and joint-electorates.
8. A Federal State with unitary bias : "Perhaps the most remarkable achievement of the Indian
Constitution is to confer upon a federal system the!* strength of a unitary government. Though
normally the system of governnieriv is federal, the Constitution enables the federation to
transform into a unitary state."
The Constitution of India establishes a federal polity which has been created by dividing the
country into states and allocating them functions as specified in the Constitution. Like all other
federations India has a written constitution which is rigid to a large extent. There is a dual polity
and division of powers between the centre and states. There is also a provision for Supreme Court
which is the guardian of our constitution and decides all disputes which198
INDIAN GOVERNMENT AND POLITICS
These characteristics of the federal set up notwithstanding, the Indian Constitution has a unitary
bias. For instance, after distributing the legislative powers in three list, residual subjects are left
with the union. Even in matters in the concurrent lists, the Union Government has the final say.
Unlike other federations Parliament in India has a right to change the boundaries of the states.
The heads of the states, i.e., the Governors are appointed by the President and are his agents in
the states. The centre can, at any time declare emergency in the states and with that declaration
can take over the administration of that state in its own control.
The choice of federalism as a constitutional form and as the basis of a national government in
India was not a sudden development upon the transfer of power on August 15,1947. It was there
for many years and, in a limited form, it was already in operation in British India. For the solution
of the constitutional problem of a multi-social, multi-lingual and multi-communal country like
India with a vast area and huge population, federalism was only a natural choice. Nevertheless,
the framers were cautious to ensure that the unity they sought to establish through federalism was
of an abiding nature, and in case of a future conflict between that unity and the diversity
preserved under the constitution, the former should prevail over the latter. In other words, it was
their intention to create an indestructible union and the supremacy of the union over the states in a
number of matters vitally affecting the interests of the nation.
9. Elitist State : In a country like India we find that there was a halo of the national struggle in the
beginning. People at various strata of society took part in the national struggle. But leadership by
and large, could come from those who were better off—educationally, economically and socially.
The poorest of men could not and did not in the nature of things come to occupy leadership
positions.
The first Parliament was very elitist consisting of very rich people or highly educated people with
a background of foreign education at Oxford and Cambridge, barristers and so on. May be the
people felt these MPs were elitists, they represented only some vested interests, they were
educated in prestigious and expensive institutions abroad, their life style were western.
As we progressed during our post-Independence history, economic development also proceeded
further and it was possible for people in the middle classes to get opportunities of education, if
not Harvard or Oxford or Cambridge, may be in public schools or convent schools or may be in
some good Universities outside their towns and cities. This group became the counter-elite and
gradually—it does not happen immediately—more and more people of this group came into
Parliament and the number of people of the first category was reduced. So, the time came when
the first category gradually disappeared from the dominant position and the second category took
over. The movement they took over, they themselves became the elite. Today, although we have
a large majority of members coming from the rural areas, still the representation is that of the
people who own big chunks of land or who are big farmers, gentlemen farmers, big property
owning people or the rural riches.
10. State moving towards Socialism : The Indian National Congress has conceived and shaped
Indian economic policies since its birth as a national movement in 1885 and then as a major
political party in the government. The Congress Party's programme was socialistic in content. The
Avadi session of the Congress in January 1955 passed the historic resolution declaring the
objective of the Congress to be "the establishment of a socialistic pattern of society" under which
the principal means of production would be brought under social owner-NATURE OF THE INDIAN
STATE
199
ship or control, production would be progressively speeded up and there would be equitable
distribution of wealth.
After passing of the Avadi resolution, the Congress Government at the centre took two significant
steps towards creating a socialistic structure. The Imperial Bank of India was converted into a
public owned managed State Bank of India and life insurance was nationalised.
The newly declared goal of achieving a socialistic pattern of society inevitably led to greater state
intervention in the fields of commerce and industry. The Resolution on Industrial Policy was
announced on April 30, 1956. This resolution placed greater stress on the growth of the public
sector. The second plan, published in the same year, also emphasized the need for the rapid
expansion of the public sector, more particularly as an antidote to concentration of economic
power.
The Bhubaneswar session of the Congress held in January 1964 marks another landmark in the
evolution of its ideology towards socialism. At this session the Congress passed a resolution
which is the most comprehensive exposition of the Congress ideology in the Nehru era. In the
words of resolution, "The Congress ideology may thus be summed up as democratic socialism
based on democracy, dignity of individual and social justice." This resolution made it clear that
while 'socialism' is the goal of the Congress Party, democracy is the method and its ideology can
therefore be described as 'democratic socialism'.
The next important step towards achieving a 'socialistic pattern' was taken by the Prime Minister
at the Bangalore session of the AICC in July 1965 in which a programme of action in the form
of'stray thoughts' was presented. The Prime Minister soon nationalised 14 scheduled commercial
banks, abolished the privy purses and privileges of the former princes, nationalised general
insurance, reduced ceiling on agricultural holdings and amended various provisions of the
Constitution which stood in the way of social change. Then came the imposition of Emergency,
accompanied by the 20 point programme and finally the 42nd amendment to the Constitution
which resulted in sweeping alterations to the Constitution, including the change in the Preamble
wherein the term 'Sovereign Democratic Republic' was changed to 'Socialist Secular Sovereign
Democratic Republic'. The term 'Socialism' has thus been incorporated in the very preamble itself
whereas earlier it had found no mention in the body of the Constitution.
11. Repressive State : The Indian state is a capitalist state. Its form is certainly democratic but that
does not prevent it from curbing freedom, curtailing rights, arresting without trials the innocent
citizens and killing the opponents in a most undemocratic way. The proliferation of the repressive
apparatus, in the Indian state system, is not an accident. A poor country like India, has the largest
police force in the world. The faith in the expansion of the police force on the part of the ruling
class clearly indicates that it considers repression as the proper way of handling socio-economic
and political problems of the community. The police are invariably deployed to deal with student
agitations, labour unrest, peasants' struggle or infra systematic opposition. In India the victims of
police violence are the poor or the members of the lower castes and minorities. At Bhagalpur, the
undertrials who were blindej|,included "the poor—three Muslims, one Sikh, the rest Hindus,
mostly from th« lower castes".28
Conclusions
The most striking change has taken place in the sphere of economic policy, - -• J £»„„,
^o+0.iorf nanitalism to a market-driven one. The state's200
INDIAN GOVERNMENT AND POLITICS
relationship to the economy was decisively reshaped from the early 1990s by the neoliberal
agenda adopted in response to a combination of internal and external pressures.
The central approach underlying these changes involved a greater reliance on market mechanisms
and this translates into a range of policies including deregulation and reduction of government
control, a disproportionate encouragement of imports, greater autonomy of private investment,
lessening emphasis on the public sector and opening the economy to international trade. The
initiation of liberalisation policies has led to re-examination of state intervention in competitive
markets and development.
REFERENCES
1.
2.
Boris Frankel, "On the State of the State", Theory and Society, 7, 1979, p. 205. For the statement of K.T. Shah,
Damodar Swaroop, S. Shahy, B. Das, Ambedkar, V.D. Tripathi and others; See Sobhanalal Datta Gupta, Justice and
the Political Order in India, Calcutta, 1979, pp. 50-70.
3. Satish K. Arora, "Social Background of the Fifth Lok Sabha", Economic and Political Weekly, Special Number,
August 1973, p. 1433.
4. Satish K. Arora, "Social Background of Indian Cabinet", Political and Economic Weekly, August 1972, p. 1525.
5. Ibid.
6. Satish K. Arora, "India's Rural Politicians", Economic and Political Weekly, Annual Number, February 1972, p.
245.
7. The Times of India, September 23, 1984.
8. Ghanshyam Shah, Caste, Caste Conflict and Reservations, Delhi, 1985, p. 11.
9. Gunnar Myrdal, Asian Drama, Vol. II, New York, 1961, pp. 1338-39.
10. Indian Express, February 27, 1982.
11. V. Subramaniam "Representative Bureaucracy : A Reassessment", The American Political Science Review,
December, 1967, p. 1050.
12. C.P. Bhambari, "Administrative Elite and Political Modernization in India : A case study of the Values, Attitudes
of I.A.S. Probationers—1970-71". The Indian Journal of Public Administration, January-March 1971, pp. 47-64.
13. Charles Bettelheim, India Independent, London, 1968, p. 231.
14. The Hindustan Times, August 8, 1984.
15. Quoted by Prakash Karat, "The Structure and Role of the Armed Forces" in Mathew Kurian (ed.) India : State and
Society, New Delhi, 1975, p. 274.
16. Abha Pandhya, "Gandhi and Agrarian Classes", Economic and Political Weekly, July 1, 1978, pp. 1077-80.
17. Rajat Ray, Industrialization in India, Oxford University Press, 1979, p. 331.
18. Bipin Chandra, Peasantry and National Integration, Social Scientist, September 1976, p. 22.
19. Jawahar Lai Nehru, Report to the All India Congress Committee and the Congress at Avadi, New Delhi, 1955, p.
44.
20. C.P. Bhambari, n. 12, pp. 47-64.
21. S.A. Kochanak, Business and Politics in India, California, 1974, pp. 313-14.
22. C.P. Bhambari, "Bureaucracy and Politics in India". Mainstream, December 24 and 31, 1977 and January 7, 1978.
23. V.R. Krishna Iyer, Law and the People, New Delhi, 1972, pp. 49-50.
24. S.D. Gupta, Justice and the Political Order in India, Calcutta, 1979, pp. 175-76.
25. Ibid., p. 176.
26. Rajni Kothari, State Against Democracy : In Search of Human Governance (New Delhi, 1988), p. 294.
27. Bhabani Sen Gupta, India—Problems of Governance, (New Delhi, 1996), p. 90.
28. Arun Shourie, "Bhagalpur Blindings", The Indian Express, December 10, 1980.
29. Zoya Hasan, Politics and the State in India, (New Delhi, 2000), p. 24. Chapter 18
INDIA: SOCIAL STRUCTURE AND
DEMOCRATIC PROCESS
India's social structure is a unique blend of religions, cultures and racial groups. Historically,
India has been a hospitable land to numerous immigrants and invaders from distant parts of Asia
and Europe. The cultural patterns of these alien settlers have, over the past-many centuries, been
interwoven with the native culture to produce India's glorious cultural heritage.
The uniqueness of Indian social structure lies in its unity amidst diversity. The population of
India is racially diverse combining elements of six main racial types. All the great religions of the
world, viz., the Hindus, the Muslims, the Christians, etc., are found here. There are 22 major
literary languages, apart from numerous other languages and dialects. There is striking diversity
between various communities and groups in kinship and marriage rites, customs and modes of
living. Diversity is also seen in the pattern of rural as well as urban settlements, community life,
cultural and social behaviour as also in the institutional framework.
INDIA'S SOCIAL STRUCTURE
India is a classic plural society and a massive federal polity. 1 India's plural-federal personality can
be perceived and analysed, for instance in terms of several disciplines, spanning geography and
climatology as one dimension; demography, ethnography and sociology as another, theology,
metaphysics and philosophy as yet another; and history, political science and economics as any
interlinked exercise in a separate distinct dimension.
Such a multi-disciplinary survey would reinforce the basic reality that India is the most diverse,
most complex, most persistent and most authentic plural society and federal polity in the world.
India today comprises about 60 socio-cultural regions and sub-regions, 22 major languages, more
than 2,000 dialects, 8 major religions, more than 200 to 300 sub-castes ijatis) in each linguistic
region, all living in 6,38,588 villages, 27 major cities and 3,799 towns, arranged in 593
administrative districts in the 28 States and 7 Union Territories of the Republic. To administer
effectively and maintain peace in a country of the size of a continent, almost as big as Europe
(minus Russia) with its many and diverse ethnic and language groups, religious communities and
castes, is a very difficult task.
Eight major religious systems comprising four originating in South Asia, and four in West Asia,
co-exist in India. Indeed, Hindus, Muslims, Christians, Sikhs, Buddhists, Jains and Parsis are the
major religious communities of India. Jains and Parsis are numerically insignificant but they are
important in
Census there are 827 m. Hindus,Hindus
Muslims
Christians
Sikhs
Buddhists
Jains
Other
tOU A1A. i.^~^____

Jains in India.
Population by Religion
2001 Number (crore) 82.7 13.8 2.4 1.9 0.8 0.4 0.7
________________________xv,-^ , 02.8
There are 22 major language groups. The 1961 and 1971 Censuses had listed 1,652
languages as mother-tongues spoken in India, of the 1,652 mother tongues listed in the
Census, 33 are spoken by people numbering over a lakh. The Constitution recognised
Hindi in Devanagari script as the official language of the Union and the regional
languages as the official languages of the States concerned. English was recognised as the
authoritative legislative and judicial language. A Schedule—the 8th Schedule—was
added to the constitution to indicate all regional languages statutorily recognised. The
schedule originally contained 15 languages as follows : (1) Assamese, (2) Bengali, (3)
Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Malayalam, (8) Marathi, (9) Oriya,
(10) Punjabi, (11) Sanskrit. (12) Tamil, (13) Telegu, (14) Urdu, (15)Sindhi. By the 71st
amendment to the Constitution, Konkani, Manipuri and Nepali were added to the list in
1992. The 92nd amendment in 2003 further added Bodo, Dogari, Maithili and Santhali to
the list and thus the number of languages in the Eighth Scheduled goes upto 22.
The caste system, a system of hierarchical social organisation that was evolved and
practiced by our ancestors almost from the beginning of the early civilization, forms the
basic foundation of India's social structure. The institution of caste determines a person's
place in life right from the day he is born, he inherits his occupation from his father and,
in turn, passes it on to his descendants. No matter, how intelligent and gifted he may be,
he can never rise above the caste into which he is born. Each caste stands for a way oflife
that is, to some extent, distinctive from the others. The Indian society today is divided
into numerous castes and sub-castes, each having its distinctive place in social hierarchy,
but at the same time, castes of a region form part of a single social framework. What is
significant about the caste system is that castes are found not only among the Hindus who
are more rigid in preserving and practicing this system, but this system also exists to
some extent among the Indian Muslims, Christians, Sikhs, Jains and Jews.2
Take Jammu and Kashmir, where secessionism is propagated on the ground that
Kashmiri culture and identity are different from the rest of India. But the State itself is
highly diverse. Jammu is dominated by Punjabis and Dogras. The Kashmir Valley, of
course, has a Muslim majority but this region too is quite diverse. It had a substantial
number of Pundits and even the Muslims are far from being a homogeneous mass. There
are Sunnis and Shias. There are Gujjars who, though Sunnis, are culturally and
linguistically veryINDIA: SOCIAL STRUCTURE AND DEMOCRATIC PROCESS
203
different from other Kashmiri Muslims. The Ladakh region has a Buddhist majority.
Assam, another hotbed of militancy, is equally diverse. There are Bengalis and Assamese, tribals
and non-tribals, plains tribals and hill tribals, Bodos and Lalungs, Ohoms and non-Ohoms. The
entire north-east is greatly diverse and is experiencing social and political turmoil.
There is no homogeneity even on the basis of religion. The British divided the Indian population
into Hindus, Muslims, Parsis and Christians. All those who were not Muslims, Parsis or
Christians were characterised as Hindus; the implication was that all these religious communities
were not only homogeneous but also had common interests. This assumption ultimately led to the
communal discourse, which plagues the polity today. The diversity within every religious
community was totally ignored by the British and even by modern democratic rulers. The Hindus
are divided into a number of castes. It is not only caste diversity but also linguistic, regional and
cultural differences which make the Hindu society a non-homogeneous mass. Along with caste-
based parties, regional outfits such as the Asom Gana Parishad, the Telugu Desam, the DMK and
the AIADMK get voted to power. The BJP, party of the Hindu right, is slowly coming to terms
with these harsh realities and has formed a National Democratic Alliance of 22 regional and
caste-based parties, diluting its Hindutva agenda.
The Muslims are no less diverse. Apart from sectarian divisions into Shias and Sunnis, Khojas,
Bohras and Memons, there are regional differences. There are Tamil, Malayalam, Gujarati and
Marathi speaking Muslims with distinct identities. It would be a mistake to assume, as many
communalists do, that all Muslims speak Urdu. The sectarian differences are also quite sharp. On
some issues such as the Babri Masjid and the Muslim personal law, their behaviour tend to be
uniform and this creates the illusion of homogeneity; this is projected with undue emphasis by the
communalists.
There is no community which is not diverse. Even personal laws are not uniform, either of the
Hindus, the Muslims or the Christians. Those who demand a common civil code do not take this
diversity into account. One law professor said at a seminar that there was such a bewildering
diversity among the Hindus that they would, more than others, reject a common civil code.
Inspite of these numerous social, cultural, religious and racial diversities, India still remains a
largely unified society. Beneath the bewildering diversity of religion, language and customs of
this vast country, the underlying unity is remarkable. The underlying cultural unity was
strengthened further with the administrative unity brought about during the British rule and with
the construction of India as a modern independent nation after the independence. India is a
political entity, every part of which is governed under the same Constitution.
Democratic Process and the Constitution
The Preamble of the Indian Constitution deals with the type of Government which is sovereign,
socialist, secular and democratic. The words 'Democratic Republic' denote in the first instance,
that India is a democracy, which implies free and fair periodic elections of people's
representatives on the basis of universal adult franchise by an impartial electoral machinery and
the govern-
■ • —^nnaiWp to these elected representatives of the people.204
INDIAN GOVERNMENT AND POLITICS
"As a form of Government, the democracy which is envisaged is, of course, a representative
democracy and there are in our constitution no agencies of direct control by the people, such as
'referendum' or 'initiative'. The people of India are to exercise their sovereignty through a
Parliament at the centre and a Legislature in each state, which is to be elected on adult franchise
and to which the real executive, namely, the Council of Ministers, shall be responsible. Though
there shall be an elected President at the head of the Union and a Governor nominated by the
President at the head of each state, neither of them can exercise any political function without the
advice of the Council of Ministers which is collectively responsible to the people's representatives
in the respective Legislatures. The Constitution holds out equality to all the citizens in the matters
of choice of their representatives, who are to run the governmental machinery.
The ideal of a democratic republic enshrined in the Preamble of the Constitution can be best
explained with reference to the adoption of universal suffrage and complete equality between the
sexes not only before the law but also in the political sphere. In order to ensure the
'political'justice held out by the Preamble, it was essential that every person in the territory of
India, irrespective of his proprietary or educational claims, should be allowed to participate in the
political system like any other person. Universal adult suffrage, without any qualification, was
adopted with this object in view. This means that every five years, the members of the
Legislatures of the Union and of each State shall be elected by the vote of the entire adult
population, according to the principle—'one man, one vote'.
The offering of equal opportunity to men and women, irrespective of their caste and creed, in the
matter of public employment also implements this democratic ideal.
That this democratic Republic stands for the good of all the people is embodied in the concept of
a 'welfare state' which inspires the Directive Principles of state policy. The 'economic justice'
assured by the Preamble can hardly be achieved if the democracy envisaged by the Constitution
were confined to a 'political democracy'. In the words of Pandit Nehru, "Democracy has been
spoken of chiefly in the past, as political democracy, roughly represented by every person having
a vote. But a vote by itself does not represent very much to a person who is down and out, to a
person, let us say, who is starving or hungry. Political democracy, by itself, is not enough except
that it may be used to obtain a gradually increasing measure of economic democracy, equality and
the spread of good things of life to others and removal of gross inequalities."
In short, the Indian Constitution promises not only political but also social democracy, as
explained by Dr. Ambedkar in his concluding speech in the Constituent Assembly :
"Political democracy cannot last unless there lies at the base of it social democracy. What does
social democracy mean? It means a way of life which recognises liberty, equality and fraternity
which are not to be treated as separate items in a trinity. They form a union of trinity in the sense
that to divorce one from the other is to defeat the very purpose of democracy." INDIA: SOCIAL
STRUCTURE AND DEMOCRATIC PROCESS
205
The Indian Polity : Parliamentary Democracy
The Indian polity can best be described as 'Parliamentary democracy'. Parliament occupies the
centre stage in the Indian political firmament. Parliament of India, representing as it does all
constitutionally organised shades of public opinion at the national level, occupies a pre-eminent
and central position in Indian polity. It embodies and epitomises the 'sovereign will' of the people;
it is the mirror and the voice of the nation. The Preamble of the Constitution makes it abundantly
clear that the ultimate source of all power are the people of India in whom sovereignty vests. It is,
therefore, one of the overriding concerns of Parliament to see that the will and the aspirations of
the people as reflected in its chambers are fulfilled in the best manner possible.
The components of the basic structure of India's Parliamentary polity as envisaged in our
Constitution are :
Representative Parliamentary Democracy
India is a democratic polity. Indian polity can best be described as Representative Parliamentary
Democracy. The Parliamentary refers specifically to a kind of democratic polity wherein the
supreme power vests in the body of people's representative called Parliament. The Parliamentary
system is one in which Parliament enjoys a place of primacy and pre-eminence in the governance
of the state. Under the Constitution of India, the Union Legislature called 'Parliament' is the pivot
on which the political system of the country revolves.
In our system, we elect members of Parliament. The adult population of those who are 18 years
and more constitutes the electorate entitled to vote. They can elect any representatives they like
for sitting in the Lok Sabha and constituting a government responsible to Lok Sabha. So, ours is a
representative Parliamentary democracy.
Composition of Parliament : The Parliament of India consists of the President and the two Houses
—the Rajya Sabha and the Lok Sabha.
The President : The President of the Republic is directly elected by an electoral college consisting
of the elected members of both Houses of Parliament and the elected members of the Legislative
Assemblies of the States. Though the President of India is a Constituent part of Parliament, he
does not sit or participate in the discussions in either of the two Houses. There are certain
constitutional functions which he has to perform with respect to Parliament. The President
summons the two Houses of Parliament to meet from time to time. He can prorogue the two
Houses of Parliament and dissolve the Lok Sabha. His assent is essential for a Bill passed by both
Houses to become a law. Not only that, when both the Houses of Parliament are not in session
and he is satisfied that circumstances exist which render it necessary for him to take immediate
action, the President can promulgate ordinances having the same force and effect as a law passed
by Parliament. It has, however to be remembered that in the exercise of all his functions, the
President has to act in accordance with the aid and advice of the Council of Ministers.
Rajya Sabha and Lok Sabha : The Rajya Sabha is, as its name indicates, the Council of States. It
represents the people in an indirect way inasmuch as they are grouped into several components of
the Union—the States and the Union Territories—and members of Rajya Sabha are elected by the
State Legislative Assemblies in accordance with the system of proportional representation by
means of single transferable vote. The different states of the Union -_ _„+. !,„„„ rrivPTi eaual
representation in the Rajya Sabha. The number of206
INDIAN GOVERNMENT AND POLITICS
representatives from each state in India depends largely on its population. Under the Constitution,
Rajya Sabha consists of not more than 250 members. It includes 12 members nominated by the
President and 238 members elected by the States and the Union Territories. Unlike Lok Sabha,
which has a fixed term and can be dissolved by the President at any time, Rajya Sabha is a
permanent body not.subject to dissolution. The Vice-President, who is elected by the members of
both Houses of Parliament, is the ex-officio Chairman of Rajya Sabha.
The other House—the Lok Sabha is the House of the people. It is directly elected by the people.
The Constitution provides that the Lok Sabha shall consist of not more than five hundred and
thirty members chosen by direct election from territorial constituencies in the states and not more
than twenty members to represent the union territories, chosen in such manner as Parliament by
law provides. In addition, the President may nominate not more than two members to represent
the Anglo-Indian community. The maximum strength of the House envisaged in the Constitution
is thus 552. The total elective membership is distributed among the states in such a manner that
the ratio between the number of seats allotted to each state and the population of the state is, so
far as possible, the same for all states. At present, the Lok Sabha consists of 545 members. Lok
Sabha has been provided with a fixed term as in the case of the popularly elected House of
Representatives in the United States of America and the House of Commons in the United
Kingdom. The raison d'etre of representative democracy is that the government should obtain the
mandate of the people periodically in order to continue in office legitimately. The term of the
House in India is five years from the date appointed for its first meeting.
Relative roles of the two Houses : The two Houses of Parliament enjoy co-equal power and status
in all spheres except in financial matters and in regard to the responsibility of the council of
Ministers, which are exclusively in the domain of Lok Sabha. The powers of Rajya Sabha are on
par with those of Lok Sabha in case of non-money bills. Further, the Constitution has assigned
some special powers to the Rajya Sabha. It alone has the power to declare that it would be in
national interest for the Parliament to legislate in respect of a matter in the state list. If by a two-
thirds majority, Rajya Sabha passes a resolution to this effect, the Union Parliament can make
laws for the whole or any part of the country even with respect to a matter enumerated in the state
list. ._•
Parliament and the Executive : Under the Constitution of India, the head of the executive is
President. All executive powers are vested in him and are to be exercised by him either directly or
through officers subordinate to him. All executive actions, therefore, are taken in the name of the
President. He is, however, required to act only on the aid and advice of the Council of Ministers
with the Prime Minister at its head. As such, the President is the only formal constitutional or
nominal Executive. The real or political Executive is the Council of Ministers. The Ministers
constitute the Government of India and the head of the Government is the Prime Minister.
After a new Lok Sabha is duly elected and constituted, the President invites the leader of the
party or parties commanding the support of more than half of the members of the Lok Sabha, to
form the government. Thus, the Prime Minister is appointed by the President. The other Ministers
are appointed by the President on the advice of the Prime Minister. While the Prime Minister
usually is a member of Lok Sabha, Ministers are drawn from both Houses ofINDIA: SOCIAL
STRUCTURE AND DEMOCRATIC PROCESS
207
Parliament. Ministers hold office during the pleasure of the President and the Council of
Ministers is collectively responsible to Lok Sabha.
The Indian political system represents a real fusion of the highest executive and legislative
authorities. The relationship between the Executive and Legislature is one that is most intimate
and ideally does not admit of any antagonism or dichotomy. The two are not visualised as
competing centres of power but as inseparable partners or co-partners in the business of
government. Parliament is a large body. It does not and cannot itself govern. The Council of
Ministers may in a sense be described as the grand executive committee of Parliament charged
with the responsibility of governance on behalf of the parent body. Thus in India Parliament is to
legislate, advice, criticize and ventilate public grievances, the Executive is to govern, albeit on
behalf of Parliament. The executive remains responsible and the administration accountable to
Parliament.
Parliament and Judiciary : The Judiciary in India is an authority co-ordinate with the legislature
and the executive. The Supreme Court of India and the High Courts in States form a single
integrated judiciary. The Supreme Court stands at the apex of the judicial system; it is the highest
tribunal of the country. Parliament has the power to make laws regulating the Constitution,
organisation, jurisdiction and powers of the courts.
In the framework of Constitution which guarantees individual fundamental rights, divides powers
between the Union and the States and clearly defines and delimits the powers and functions of
every organ of the state including the Parliament, judiciary plays a very important role under their
powers of judicial review. The courts may declare a law made by Parliament ultra vires the
Constitution and as such null and void and unenforceable.
The basic function of the courts is to adjudicate disputes between individuals, between
individuals and the State, between the States and between the Union and the States while so
adjudicating, the Courts may be required to interpret the provisions of the Constitution and the
laws. And, the interpretation given by the Supreme Court becomes the law honoured by all
Courts of the land. There is no appeal against the judgment of the Supreme Court. It remains the
law of the land unless its interpretation is reviewed or reversed by the Supreme Court itself or the
law or the Constitution is suitably amended by Parliament. If an act of Parliament is set aside by
the judiciary, Parliament can re-enact it after removing the defects for which it was set aside.
Also, Parliament may, within the limits of its constituent powers, amend the Constitution in such
a manner that the law no longer remains unconstitutional.
Parliament and the State Legislatures : The Constitution of India has established a federal
structure of government in the country inasmuch as there is a distribution of legislative, executive
and financial powers between the Union and the States. The Constitution provides for a three-fold
distribution of Legislative power between the Union and the States. List I or the Union List
contains 97 subjects over which Parliament has exclusive power to make laws. List II or the State
List includes 66 entries over which State Legislatures have got exclusive power of legislation.
List III or the Concurrent list contains 47 items on which both the Parliament and State
Legislature can make laws. While in their own respective spheres as allotted by the Constitution,
Parliament as well as the State Legislatures enjoy complete autonomy, the scheme of distribution
of powers emphasises the general predominance of Parliament in
in the spheres exclusively reserved for the states,208
INDIAN GOVERNMENT AND POLITICS
Parliament is authorised to legislate under certain circumstances. Parliament may thus legislate on
any specified matter in the state list, whenever the Rajya Sabha by a Resolution, supported by a
special majority, declares it necessary or expedient in the national interest to do so. Further, when
a proclamation of Emergency is in operation, the legislative competence of Parliament becomes
widened so as to extend to any matter in the state list.
The Constitution envisages that if the President receives a report from the Governor of a state, or
if the President himself is satisfied that a situation has arisen in which the government of the state
cannot be carried on in accordance with the provisions of the Constitution, President may, in such
a case assume to himself by proclamation, all or any of the Executive functions of the state and
declare that the powers of the Legislature of the State shall be exercisable by or under the
authority of Parliament.
The Indian Polity : Functioning Democracy
The post-independence era raised hopes for a stable democratic polity in India. That was certainly
the vision of the 'founding fathers'. Under the leadership of Nehru and others, that vision took
shape in the form of new political institutions. The new Constitution laid the basis for a British
style parliamentary democracy, arrangements were made to keep the armed forces out of politics
and the diversities of the Indian people were carefully considered in designing the new federal
system. The Congress Party—the key institutional manifestation of India's newly discovered
national unity—reached out into village India to incorporate the previously unmobilized masses,
and India's first elections were held. Because elections were periodically, rural leaders slowly
joined the anglicized urban leaders of the Congress Party as India's new ruling elite. Dominance
by a single party thus provided stability and it did not appear to be an obstacle to the
accommodation of new forces in the polity.
The political arrangements in this early phase were clearly dominated by an educated, nationalist
elite. The business class was also politically influential and the landed and caste elites were
slowly brought into the ruling coalition. The new rulers enjoyed widely perceived legitimacy, in
part because of the nationalist legacy and in part because the traditional pattern of authority in
society, such as the caste structure in the villages, were still largely intact. The dominant political
elites, moreover, practised a reconciliatory approach towards the competing elites, while
professing the hope that they would be able to bring the poor and the oppressed masses into the
mainstream of India's modernizing political economy. The legitimacy formula that the Congress
Party had designed was clearly expressed in its proposed strategy for economic development : a
marriage between nationalism and democratic socialism. The party's five year plans accordingly
stressed a mixed economy model of development that sought economic growth, self-sufficient
and a modicum of wealth redistribution. There were euphoric times in India, as new beginnings
often are. Over the past three decades, however, or since about 1967, much has changed.
Successive governments imposed mindless socialism on the nation. They respected the shells of
socialism—state control and state ownership—while the kernel, the spirit of social justice, was
left no chance of coming to life. We shut our eyes to the fact that socialism is to social justice
what ritual is to religion and dogma is to truth.
We built up state—owned enterprises—called the public sector in India. These public sector
enterprises are the black holes, the money guzzlers andINDIA: SOCIAL STRUCTURE AND DEMOCRATIC
PROCESS
209
they have been extracting an exorbitant price for India's doctrinaire socialism. Every segment of
the people's enterprise festooned with red tape. From the very first decade of the republic the steel
claws of the permit-licence-quota raj were laid upon the national economy and even today their
grip continues with insignificant relaxation.
The administrative techniques pursued by the government are the same as were cast in a concrete
mould more than a century ago. Files and minutes still go perpetually from official to official and
from ministry to ministry. In the result, nothing moves except the river Ganges. Legal redress is
time-consuming and a law suit once started in India is the nearest thing to eternal life ever seen
on this earth.
India has 16 per cent of the world's population, but only 1.5 per cent of the world's income. In the
five decades since we became a republic, our per capita income in real terms did not even double
but increased by 91 per cent. Today we are still the twenty-first poorest nation on earth. In 1950,
India ranked sixteenth in the list of exporting countries of the world; today it ranks forty-third!
Using another yardstick, in 1950 India had 2.2 per cent of the world export market; today its
share stands reduced to 0.70 per cent. India has dropped by three positions, ranking 127 in 2004
Human Development Index (HDI) among a total of 177 countries for which data has been
collected by the UNDP. The richest 20 per cent have taken away about 50 per cent of the gains
and the poorest 20 per cent are left with only about 8 per cent. Almost 26.1 per cent population is
below the official poverty line. Representation of women at all the levels of government is not
even 6 per cent.
Sooner or later all developing countries become difficult to govern and over the past two decades
India has been moving in that direction. This trend contrasts with the situation during the 1950s
and 1960s, when India was widely regarded as one of the few stable democracies in the non-
western world.
India is still, of course, a functioning democracy3, but increasingly it is not well governed. The
evidence of eroding political order is everywhere. Personal rule has replaced party rule at all
levels—national, state and district. Below the rulers, the entrenched civil and police services have
been politicized. Various social groups have pressed new and ever more diverse political
demands in demonstrations that often have led to violence. The omnipresent but feeble state, in
turn, has vacillated; its responses have varied over a wide range : indifference, sporadic
concessions and representation. The ineffectiveness of repression, moreover, has highlighted the
breakdown of the civil machinery intended to enforce the law and maintain order. In order to
protect themselves, citizens in some parts of the country have begun organising private armies.
The growing political violence has periodically brought the armed forces into India's political
area, whereas the armed forces once were considered apolitical. Dr. Subhash C. Kashyap has very
rightly observed : "The present scenario is not very exhilarating. We are every day confronted
with the general decline of values in every sphere, the communalisation and criminalisation of
politics, the much talked of dominant role of money and muscle power, rampant violence and
terror in several parts of the country, attempts to build power bases and vote banks by dividing
the people into narrow groups on the basis of religion, caste, region, language and the like.
Earlier, we could blame the British for their policy of 'Divide and Rule', but now, after
independence why are our politicians doing the same?"4210
INDIAN GOVERNMENT AND POLITICS
Most important, the state's capacity to govern has declined. Along with this decline, order and
authority have been eroding. Bimal Jalan, India's one of the leading economists, observes :
"The signs of the decline in the authority of the state are evident. These are to be found in the
deteriorating law and order situation in several parts of the country, the increasing appeal of
regionalism and sub-regionalism, tensions between the centre and its constituent parts, the decline
in the quality of public services, inordinate delays and cost overruns in public projects and the
increasing failure of policies and plans to deliver what they promise. The administrative structure
has also proved to be incapable of handling effectively the multiple tasks assigned to it.
Meanwhile, the state has become financially weak because of fiscal profligacy."5
Today, the Congress Party, India's major political institution, has lost its hegemony over Indian
politics. The institutional decline of the Congress Party has not been offset by the development of
an alternative national party. Thus, there is currently a growing organisational vacuum at the core
of India's political space.
There are very few mechanisms still intact for the resolution of power conflicts in contemporary
India. For quite sometime the Parliament has not functioned as a significant political body that
could help resolve conflicts or make policy. Cabinet members had also come to be selected by
Indira and Rajiv Gandhi for their personal loyalty, not for their ability or for their control over an
independent power bases. Immediate intraelite conflict has further damaged such institutions as
the Constitution, the federal system and the election process. It has also undermined discipline
within the bureaucracy, especially among the police forces.
Below the established state elites, the vertical patterns of fealty in India's civil society have been
eroding. Members of higher castes and other 'big men' have gradually lost their capacity to
influence the political behaviour of those below them in the socio-economic hierarchy. As a
result, hew social groups have entered the political arena and pressed new demands upon the
state. Without a dominant party and other conflicting-resolving institutions, democratic ac-
commodation of such demands has been difficult. Without established law and order institutions,
moreover, the agitation and violence that have resulted from these demands have been difficult to
control. The result has been a dramatic increase in political violence in India. The state has had to
increase its reliance on military and paramilitary forces. Thus, the current political situation fea-
tures an outpouring of diverse new social demands, ad hoc and vacillating responses by the state
and a growing sense that order and authority—and perhaps even democracy—may be
disintegrating in India.
The British Parliamentary system evolved through a long struggle between a hereditary monarchy
and feudal lords in a small island with a large overseas empire. It is not easy to transplant foreign
institutions on native soil. Also, it is not necessary that a system that succeeds in one country
would succeed in another as well. For the success of the representative parliamentary democracy
of the British type, there are certain essential pre-requisite like (a) the people should have become
a nation, (b) there must be a general commonality of interests and agreement on fundamental
national issues, (c) some economic stability and a certain level of prosperity must have been
achieved already, (d) there must be relative absence of social tensions and an INDIA: SOCIAL
STRUCTURE AND DEMOCRATIC PROCESS
211
atmosphere of reasonable peace, (e) there must exist some democratic traditions, amore or less
homogeneous population and political consciousness among the people at large, if) there should
be a well-organised ideologically oriented, fairly stable system of two major national parties.
Unfortunately, none of these pre-requisites existed in India at the time of the commencement of
the Constitution. They do not exist today either. India had not become a nation when the system
of parliamentary democracy was imposed. We are still struggling to become one. Even today,
unity of the nation and national integration and an Indian identity are merely cliches or slogans
for speeches from public platforms. It is difficult to pin-point any issues on which there is
national unanimity or consensus. A healthy two party system has not developed thus far. As for
economic stability and prosperity, we have dismal poverty and are once again seen with a
begging bowl. The leadership seems to have developed a vested interest in keeping the people
poor, illiterate and backward. Unless the common man is provided economic security, right to
vote is meaningless. Those who are educationally and socially backward and economically
dependent, how can they be politically free or equal. In such a situation, representation goes to
various vested interests, group and gang leaders only. When voters cannot understand the value
of their votes and cannot appreciate national problems, to talk of representative parliamentary
democracy is a farce.
Another major characteristic of India's political structure is India's democracy. On balance,
periodic elections and the existence of basic civil liberties are among India's most prized political
possessions. India's democracy has been democracy from above; for most of its existence, it has
been more of a gift from the elite to the masses than something the masses have secured for
themselves. Nevertheless, a tremendous concentration of power in the hands of a few leaders is
an undeniable feature of India's democracy.
An elite-dominated democracy has also structured the patterns of political mobilization. Leaders
have mobilized socio-economic group more as power resources intraelite struggles and less to
satisfy group aspirations. That pattern of elite-led mobilization is distinguishable from the more
conventional concept of social mobilization that supportedly accompanies industrialization, ur-
banization, literacy and so forth. Whereas social mobilization is generally produced by economic
development and modernization, elite-led mobilization often reflects patterns of intraelite
conflict. Thus, Indira Gandhi discovered India's poverty when she was pressed politically by
other members of the Congress elite. Dev Raj Urs and Karpoori Thakur similarly discovered the
backward castes when they desperately needed to establish new ruling coalitions. The Akalis
began stressing issues of Sikh nationalism only when thrown out of power. The primary goal of
elite-led mobilization in India has been power for the elite.
The much talked report of the Vohra Committee on the nexus between crime and politicians and
government functionaries in the country has categorically pointed out that the crime syndicates
and mafia organisation had developed significant muscle and money power and "established
linkages with governmental functionaries, political leaders and others to be able to operate with
impunity (as recently exemplified by the activities of the Memon brothers and Dawood
Ibrahim)." Quoting the Director, Intelligence Bureau, it said that the mafia network "was virtually
running a parallel Government, pushing the state apparatus into irrelevance."212
INDIAN GOVERNMENT AND POLITICS
Conclusions
Thus, India is not only the world's largest (i.e., populous) but also probably the most complex (i.e.
diverse) federal democracy. While its democratic structure protects its political unity, its federal
form guarantees the harmonious co-existence of non-political diversitits.
A communal polity based on one religion or language or culture can never succeed in ruling India
which is a coalition of heterogeneous identities. There are tensions in the polity today because all
regional and ethnic identities have not been shown an equal measure of accommodation.
Capitalist development is highly skewed and all regions do not get adequate opportunities.
Regions which are neglected and remain less developed become volatile. Ethnic conflict, more
often than not, is a conflict for development resources.
However to put the social, economic and political problems in perspective, let us remember some
of the basic factors of the Indian situation. There are certain contradictions and paradoxes. For
instance, India is :
(a) an ancient society and a new nation; (b) a communal society and a secular state; (c)" an
industrial society with an abiding feudal culture; (d) a democratic polity with pronounced pre-
democratic, caste-cum-tribal bases of allegiances; and a decolonised state with strong segments
exhibiting colonial situations.
A diverse society needs dialogue among the different groups to promote better understanding.
The three Ds—democracy, diversity and dialogue—go together. Diversity can become a source
of strength and not of conflict, only if all linguistic, cultural, religious and caste groups are
provided equal opportunities, not just equal rights. Diversity will remain a source of conflict as
long as people's aspirations are not fulfilled. It will be a great source of richness and variety if all
sections have the satisfaction of enjoying their proper share in power and development.
REFERENCES
1. Rasheeduddin Khan, Federal India—A Design for Change, 1992, p. 9.
2. Competition Success Review, Year Book, 1996, p. 531.
3. Atul Kohli, Democracy and Discontent, Cambridge University Press, 1991, pp. 6-10.
4. Subhash C. Kashyap, Reforming the Constitution, New Delhi, 1992, p. 19.
5. Bimal Jalan, (Ed.), The Indian Economy—Problems and Prospects, (Viking, 1992), Introduction—xiii.
6. Kashyap, n.4, p. 21.
7. Atul Kohli, Democracy and Discontent, p. 391.
8. Indian Express, August 2, 1995, p. 1.Chapter 19
THE INDIAN FEDERAL SYSTEM
NATURE AND DETERMINANTS
Federalism is a modern conception. Its theory and practice in modern times are not older than the
American Federation which came into existence in 1787. The federal idea—the plan of
government of a number of contiguous territories in association and neither separated nor
combined in one—is very old and had been practised in ancient Greece, but it has been employed
on a larger scale only during the last two centuries. Federalism is the result of historical
evolution. It springs from the necessity for the union of a number of independent states which are
not strong enough individually to protect themselves from outside danger, and whose union is
requisite for their safety and for the promotion of their economic interests, but which are not
prepared to surrender their independence completely. The impulses which lead to the formation
of a federation are usually the idea of national unity, the desire to promote common economic
interests, the amicable resolution of common problems and considerations of defence and
international prestige. The federal form of government is not deduced from a theory or a priori
reasoning, but is a historical product or a necessity arising under certain political conditions. Its
fundamental principles have been fully worked out in the most highly developed federation in the
world, i.e., the United States.
THEORY OF FEDERALISM
The founding fathers of the Indian Constitution have mainly been influenced by the provisons of
the American, Canadian and Australian federations. It is desirable to state briefly the theory of
federalism as revealed in these constitutions.
According to A.V. Dicey, there are two requisite conditions for the formation of a federation:
First, by history there must be a body of states so closely connected by locality, by race or the
like, as to be capable of having, in the eyes of their inhabitants, an impress of common
nationality. Secondly, there must be the existence of a very peculiar state of sentiment among the
states which propose to unite. They must desire union but must not desire unity. If there is no
desire to unite, then there is clearly no basis for federalism. The sentiment, therefore, which
creates a federal state is the prevalence throughout the citizens of more or less allied states of two
feelings which are to a certain extent inconsistent—the desire for national unity and the
determination of each individual state to maintain its identity and independence. The aim of
federalism is to give effect, as far as possible, to both these sentiments. Afederal "*"*" ^= +>>"«
a nnlitical contrivance intended to reconcile national unity and214
INDIAN GOVERNMENT AND POLITICS
power with the maintenance of 'States' rights. It is a union of a number of independent states
whose territories are contiguous and whose citizens have certain affinities, either racial,
ethnological or traditional, who have a common historical background or heritage, a community
of economic interests, and feel a craving for spiritual and national unity, but at the same time are
anxious to maintain the identity and independence of their states, which are not strong enough in
modern times to face external industrial competition or military menace. It is an organic union. A
federal state is a distinct fact. The federating states also remain distinct facts. By the association
of states, a new organic state is created for the discharge of certain national functions. The federal
state is the embodiment of the nation as a whole, and it has a direct and organic contact with the
citizens of all the states, who are citizens of the federation and who owe a double allegiance to
their own states and to the federal state. The federal form of government came into existence
where a unitary form of government was not possible owing to a strong sentiment of local
patriotism. The states are, first of all, sovereign states. They then enter into an agreement to part
with a portion of their sovereignty and thus to create a national state which discharges certain
functions in relation to all the states—functions which are common to all. Such a federation is
essentially created for national purposes. It is based upon a compact which contains the terms and
conditions on which the federating states have agreed to enter into a union. It follows that the
relation between this new national government and the federating units must be governed by the
terms and conditions embodied in the pact. This requires a written constitution.
As the federating units are jealous of their independence, except that portion which they have
surrendered to the national government, the constitution is always rigid and it cannot be amended
without the consent of the federating units. Thus, the constitution becomes the supreme law of the
land. The authority of the state is necessarily divided between the national government and the
federating units, their respective rights and powers are clearly defined and delimited, and each has
to function strictly and rigidly within the delimited sphere.
As the whole basis of federation is the distribution of executive, legislative and judicial authority
among bodies, each co-ordinate with and independent of the other, there is every likelihood of
encroachment by one on the sphere of the other, and also of disputes between the national
government and the federating units or between the federating units inter se. From this it
necessarily follows that there must be some institution to keep the national government and its
legislature, and the state governments and their legislatures, within their respective demarcated
and defined spheres, and to settle disputes between them. Thus, a federal court is an indispensable
necessity in a federal system. Such a court is at once the guardian and interpreter of the
constitution and is the highest tribunal for the settlement of disputes.
A study of modern federal systems reveals three leading characteristics of a federal constitution.
They are: (i) supremacy of the Constitution, (ii) distribution of powers among bodies with limited
and coordinate authority, and (iii) authority of the Federal Court to act as interpreter of the
Constitution.
THE NATURE OF THE INDIAN FEDERAL SYSTEM : A MATTER OF CONTROVERSY
Some scholars of government, Indian and foreign, describe India as a quasi-federal state, and
some even regard it as a more unitary than federal.THE INDIAN FEDERAL SYSTEM :
NATURE AND DETERMINANTS
215
Thus, G.N. Joshi contends that "the union is not strictly a federal polity but a quasi-federal polity
with some vital and important elements of unitariness....It is designed to work as a federal
government in normal times, but as a unitary government in times of emergency." 1 It must be
remembered, says J.P. Suda, "that though India is a federation, her constitution departs from the
ideal of a true federation in several vital and significant ways. She is not a genuine federation, but
a quasi-federation having several features of a unitary state." 2 K.C. Wheare, a well-known British
authority on federalism, classified India as "a unitary state with subsidiary federal principles
rather than a federal state with subsidiary unitary principles." 3 Charles Alexandrowicz argues that
India is a true federation—although, like all other federations, it has distinctive characteristics—
and that it is misleading to refer to India as a quasi-federation. According to Norman D. Palmer:
"The Republic of India is a federation, although it has many distinctive features, which seem to
modify the essentially federal nature of the state."4 Sir Ivor Jennings feels that "India has a
federation, with a strong centralizing tendency."5 K.M. Munshi, a distinguished statesman and
member of the Constituent Assembly, held the view that the Constitution made India "a quasi-
federal union invested with several important features of a unitary government." 6 P.B.
Gajendragadkar, a former Chief Justice of India, opined that though the Constitution "partakes of
some of the characteristics of federal structure, it cannot be said to be federal in the true sense of
the term."7 W.H. Morris Jones held the view that Indian federalism was a kind of'cooperative
federalism' where bargaining took place between the Centre and the States, but ultimately a
solution came out and both agreed to cooperate.8 Benjamin N. Schoenfeld opines that there was a
tendency of centralism in the Indian Federalism, but that was not because of its structural
framework but because of its socialistic goals and centrally devised plan development. 9
Thus, numerous scholars, reflecting on the vast powers left with the Government of India and the
subordinate role of the States and also the crucial powers of the Union to practically annihilate an
existing state, doubt whether India is a federation at all. Some have called it a 'pseudo-federation'.
Others feel that it would be more appropriate to call it a quasi-federation. However, many
political thinkers have suggested that there is no such thing as a quasi-federation and that a
system is either a federation or it is not a federation and that India should be grouped among the
federations by virtue of its Constitution.10
India is a federation. Now, in order to have our ideas clear on this matter, we must know what is
the criterion of a federation. In a federation, there should be a central government and state
governments. Secondly, the powers and functions of both the central and state government should
be defined by a written constitution. The third criterion is that there should exist an exclusive
field for the centre and another exclusive field for the states before it can be called a federation.
The fourth test is that both the centre and any of the states should have the power and ability to
function in its exclusive field through its own agencies. The essential difference between a
federation and a confederation is that a confederation is a sort of a state which usually has no
central agency or government to implement its policies. It has to depend upon its units for the
implementation of its policies. In the case of a federation, the central government will have its
own agencies for its functions and the units will have their own agencies for their functions. The
last test of a federation is that it should •i i - r------„ m+Won nr for a state to have disputes
relating to the powers216
INDIAN GOVERNMENT AND POLITICS
and functions of the central government and the units decided by the courts, that is to say the
relations must be justiciable. Now, if we apply these tests, our Indian Constitution satisfies each
of them fully and, therefore, there can be no doubt that India is a Federation.
Moving consideration of the Draft Constitution in the Constituent Assembly, Ambedkar said that
the form of the Constitution was federal. He added :
"It establishes a dual polity with the Union at the Centre and the States at the periphery, each
endowed with sovereign powers to be exercised in the field assigned to them respectively by the
Constitution."
"Both the Union and the States are created by the Constitution, both derive their respective
authority from the Constitution. The one is not subordinate to the other in its own field; the
authority of one is coordinate with that of the other."
"The basic principle of federalism is that the legislative and executive authority is partitioned
between the Centre and the States not by any law to be made by the Centre, but by the
Constitution itself. This is what the Constitution does. The States are in no way dependent upon
the Centre for their legislative or executive authority. The States and the Centre are co-equal in
this matter."
"It is difficult to see how such a Constitution can be called centralism. It may be that the
Constitution assigns to the Centre a larger field for the operation of its legislative and executive
authority than is to be found in any other federal constitution. It may be that residuary powers are
given to the Centre and not to the States. But these features do not form the essence of
federalism."
"The chief mark of federalism lies in the partition of the legislative and executive authority
between the Centre and units by the Constitution. This is the principle embodied in our
Constitution. It is, therefore, wrong to say that the States have been placed under the Centre."
Thus when federalism is viewed in the broad sense, there is hardly any possibility for a
controversy on the federal character of the Constitution.
We believe that the Indian Union, though it is a federation, is a federation of a special type. It
may be briefly described as a federation in which the paramountcy powers which the British
Government had over the Indian States have been taken over by the Union Government and
applied to all its units. This is a peculiar illustration of how the historical background affects
people even when they break away from history. The national leaders had always agitated against
the doctrine of paramountcy. But the Constituent Assembly has effectively installed those powers
in the Constitution so it will be appropriate to call our federation a 'Paramount Federation'. It may
be a new phrase but it describes correctly the existing state of affairs.
APPROACHES TO THE STUDY OF INDIAN FEDERAL SYSTEM
The Indian federal system can be studied through historical, legal or institutional and political or
behavioural approaches.
Historical Approach
The century prior to 1947 may properly be called the British Century, for the British governed
India in this period in a real sense. The British impact onTHE INDIAN FEDERAL SYSTEM : NATURE AND
DETERMINANTS
217
India, however, did not end with independence. The British gave India a greater degree of
national unity and solidarity and a better form of government than it had ever enjoyed, save
perhaps during a few periods in its long history. Administratively, the British developed a pattern
of government which is still followed in its basic outlines by free India.
The roots of India's present-day federal system are found in the Government of India Acts of
1919 and 1935. The scheme, as introduced in 1919, has some novel features and relaxed the
control of the Central Government over the Provinces. It was for the first time that Central and
State subjects were separated from each other and for administrative, financial and legislative
purpose these were specifically enumerated. In the provinces dyarchy was introduced and to some
extent democratic element was also introduced and it was to be experimented whether India was
fit for democracy or not. According to K.R. Bombwall, the Act blazed a new trail and laid the
foundation of Indian federalism, which has been described by Whyle as "federalism in embryo".
It injected a dose of autonomy in Indian political system and created an appetite for more doses of
autonomy in administration. To quote Bombwall again, "The Act reveals first major breach in the
constitutional monolithism of a unitary system of government and shows the provinces throwing
off a part of centre's tutelage." In 1929, the Simon Commission recommended (a) complete
autonomy in the provinces including the department of law and order, but the governor on the
administrative side to be given overriding powers in certain matters like internal security; (b)
federal government at the Centre, embracing not only British India but the princely states as well.
The Nehru Report also envisaged that the Constitution of India should be federal in character. It
recommended a bicameral system of legislature and also a Supreme Court, as the court of appeal
in India.
The Act of 1935 may be regarded as a Constitution for a federal state in India, in which both
British India and the Indian States would be joined. The federation provided for in the Act of
1935 was a most peculiar one. Since it was never really established, it is impossible to say
whether it would have been a workable arrangement. However, it served as a model for the
federal state which India established in the Constitution of 1950. The Act of 1935 was designed
to establish a highly centralized federation with a fair measure of provincial autonomy, always
subject to the ultimate control of the paramount power. Its federal features were never
implemented, but their influence on the character of the government of independent India is
manifest.
Thus, Indian federalism did not spring into life, in 1950, like Minerva, fully formed in body and
mind. The foundations had been laid during the last eight decades of British rule in India. It was
over these foundations that the Constituent Assembly raised the federal superstructure. The
deliberations of the Constituent Assembly were conditioned by the fact that the principle of a
federal constitution for India had been mooted over the past several years and had been accepted
at the First Round Table Conference by the representatives of practically all major parties and
sections of opinion in the country. The Indian National Congress which was not represented in
the First Round Table Conference participated in the second session of the Conference, thereby
given its approval to the idea of an all-India Federation comprising the Provinces of British India
and the Princely States. The constitution makers of free India were inevitably influenced by the
fact that the trend of constitutional development in India, since the initiation of a policy of
decentralization after the 1857218
INDIAN GOVERNMENT AND POLITICS
Mutiny and, more unmistakably, since the introduction of partial provincial autonomy under the
Montford Reforms, had been in the direction of federalism. They were also aware, that a federal
form of government alone would suit the requirements of a country of India's gigantic size and
manifold diversities. The basic factor which has made a federal organisation inevitable for India
is the country size accompanied by the element of unity in diversity. Federalism, in other words,
has been as inescapable for India as for other plural composite and diversified societies since it
offers a political arrangement best calculated "to maintain and foster a national coherence while
at the same time articulating and protecting the several diversities within the society to which
value is assigned."
The following works highlight the Indian federal system in its historical perspective: K.R.
Bombwall, The Foundations of Indian Federalism (Asia, 1967), R. Coupland, The Indian
Problem: Report on the Constitutional Problem in India (Oxford, 1944); Arthur Keith, A
Constitutional History of India (Methuen, 1937); and B.N. Rau, India's Constitution in the
Making (ed. by B. Shiva Rao) (Longmans, 1960).
Legal and Institutional Approach
K.C. Wheare, Alexandrowicz and Dean Paul H. Appleby are the propounders of the legal-formal
structure approach. It is essentially a juridical approach in which the accent is on the legal or
constitutional structure of federalism. One great limitation of the legalistic approach is that they
do not look beyond the dry bones of a constitution to explore the myriad social and political
forces that determine its form and working. According to K.C. Wheare, the Constitution is 'quasi-
federal'. It establishes a unitary state with subsidiary federal features. Wheare's views are strictly
based on the theoretical considerations of the Indian Constitution. On the contrary,
Alexandrowicz says that it is misleading to refer to India as a quasi-federation. "He argues that
there is no such thing as a quasi-federation and that a system is either a federation or it is not a
federation." He believes that legally India is a complete federation. All the basic features of
federal system are incorporated in the Indian Constitution. However, Paul H. Appleby, in his
studies of the Indian administrative system, was astounded to discover how much the Centre was
dependent on the States for the actual implementation of major national programmes and how
little real authority the Centre seemed to have in vital areas of policy and administration.
When we talk about the legal structure or institutional structure of a federal system then what we
are concerned with its major and minor features, Major features are the supremacy of the
Constitution, distribution of powers and an independent federal judiciary. The minor features are
the participation of the constituent units in the amendment process of the constitution and federal
character of the second chamber. Inspite of the tendency of centralization, the legal-formal
structure of our Constitution incorporates all these elements.
Political and Behaviouralistic Approach
W.H. Morris Jones, Marcus Franda and Asoka Chanda have studied the Indian federal system in
its political and dynamic perspectives. Asoka Chanda studies the federal system in the context of
planning and points out that planning has suspended the federation and our country is functioning
almost like a unitary system in many respects. Professor Morris Jones talks of federalism in India
as an example of the concept of bargaining federalism. HeTHE INDIAN FEDERAL SYSTEM : NATURE
AND DETERMINANTS
219
says that federalism in India is a form of'co-operative federalism' but according to him this phrase
should be understood to include hard competitive bargaining. He says, "Whereas the emphasis in
the Constitution is on demarcation, that of practical relations is on co-operative bargaining. In
India, Marcus Franda remarks, there is not one model of federalism but in practice various
models of federalism are in operation. The Centre has encouraged different modes of relations
with the different States and hence a varied mode of federalism is perceivable.
A large number of scholarly studies have been published on the dynamic aspect of India's federal
system. They reveal the impact of the dynamics of political dimension such as the party alliances,
the ideological movements, national and regional political leadership, effectiveness of pressure
groups and the people's demands. Besides, socio-economic conditions are also determining the
emerging framework of the Centre-State relations. Each state of the Union has its distinctive
socio-economic and political problems. It, therefore, evolves different types of relations with the
Centre. In short, the Indian federal system has evolved a dynamic character and this dynamic
nature changes according to compelling reasons, pressures and circumstances.
MODELS OF FEDERALISM : THE INDIAN CONTEXT
Three models of federalism are in vogue, viz., Unitarian federalism, cooperative federalism and
bargaining federalism. There is a distinction of degrees rather than kinds in these models.
Sometimes all these models are visible in a political system in comparison to each other. Let us
look at these models in the Indian context.
Unitarian Federalism
Ahistorical study of the growth of federal systems brings home the political truth that what was
happened during the first half of the 20th Century is that the central governments have developed
their powers more and more intensively at the expense of the areas originally allotted to the
regional governments. It is due to this that the national governments have grown in importance in
comparison with the regional governments. The main forces that have contributed to the growing
strength of the national government at the expense of regional governments seem to have been
sixfold—war politics, depression politics, welfare politics, techno-politics, grants-in-aid politics
and party politics. The horrible conditions of war and economic depression demand unitary
control for the effective protection of national interests. Similarly, the ideal of social welfare State
has enjoined upon the national government to increase its scope of activity more and more to
eradicate gigantic evils of poverty, unemployment, disease, starvation, ignorance, etc. Techno-
politics means the study of political institutions in the light of scientific and technological
developments having their impact upon the working of govermental machinery. It means
government by experts and technocrats and not the leaders chosen by the people. The experts and
technicians stress goals of development and lay down policies and programmes. As these
specialised services are mostly provided by the national government, the regional governments
have to carry out the plans, programmes and instructions prepared by the technocrats working
behind the rulers of the central administration. The regional governments live in a perpetual
condition of financial difficulties. They not only have meagre resources, but they are forced to
collect money that they cannot spend and also forced to spend, in a particular way, money that
they do not collect. In
"<-= Vicnro tn stand like 'beggars' at the door
220
INDIAN GOVERNMENT AND POLITICS
of the Centre. Though a formal federal system in all respects, the very system is reduced to a
Unitarian model when political parties run the machinery of general and regional governments
without federalising their own character. In this context the case of the Congress Party in India is
a striking example. The High Command of this party is the final authority in matters of
distribution of tickets, composition of the Union and State ministers, selection of the Prime
Minister and Chief Minister, etc. The result is that both the Union and State governments in India
are virtually controlled by the all-powerful party in a way that our federal pattern has become a
matter of form while its spirit has become unitary under the rule of the Congress Party. Carl J.
Friedrich envisages, "if the government is federally structural, parties must adapt themselves to
such a structure."13 However, this does not happen in practice.
Cooperative Federalism
A federal system not only stands for the distribution of powers between national and regional
governments, it also desires sincere co-operation between the two sets of political organisations
in order to ensure that the ideal of co-ordination and complete administration of the divided
spheres is attained as effectively as possible. It is needed for the obvious reason that there is the
area of inter-regional relationships disallowing any component unit to keep itself completely off
from others in the interest of administrative efficiency and nationalist sentiments. K.C. Wheare
rightly visualises that if each regional government "keeps completely to itself, many matters will
suffer from diversity of regulation and government itself will be less efficient because the
experience of other states will have been neglected."14 Hence, some agencies of inter-
governmental co-operation have been devised in various federal systems of the world. Taking the
case of the Australian federal system, we find Inter-Provincial Conference and Premiers
Conference. The Governors Conference in the United States and Dominion-Provincial
Conference in Canada are other cases of similar institutions for federal cooperation.
Granville Austin15 is of the view that the Constituent Assembly of India was the first assembly
which adopted from the very start what is called as the concept of co-operative federalism. This
concept is distinct from Wheare's concept of federalism who says that "the general and regional
governments of a country shall be independent of each other within its sphere." As against this,
the concept of cooperative federalism implies a strong Central Government. This does not,
however, mean that the provincial governments are weak. According to Austin, provincial
governments are largely administrative agencies for Central policies. He quotes A.H. Birch, who
defines co-operative federalism as :
"the practice of administrative co-operation between general and regional governments, the
partial dependence of the regional governments upon payments from the general governments,
and the fact that the general governments, by the use of conditional grants, frequently promote
developments in matters which are constitutionally assigned to the regions.
Inter-government-level co-operation in different fields has been the most significant aspect of
Indian federalism. An instance of co-operation of the States with the Centre in the field of
legislation is provided by the Estates Duty Act, 1953. Many of the State legislatures through
formal resolutions agreed to empower the parliament to legislate in regard to levy of succession
duty on agricultural lands which under the Constitution is a state subject. THE INDIAN FEDERAL
SYSTEM : NATURE AND DETERMINANTS
221
Administrative co-operation on a wide scale is a remarkable development in the operation of
Indian federalism. Some instances may be given here. For the execution of land reclamation and
development schemes under the plans the Central and State tractor organisations function in close
co-operation. The Central inspectors help the State inspectors in enforcing the provisions of the
Drugs Act. The Union and State organisations work in a spirit of harmony in carrying out
community development programmes and above all the state planning departments and the
Central Planning Commission work in a spirit of maximum co-operation for allround
development of the country. Planning in India is a co-operative enterprise in which the basic
norms of development are set by Centre in discussion with the States, a large amount of finance is
provided by the Centre and the main administrative machinery is supplied by the States.
Another fruitful line of co-operation in India has been in the direction of utilisation of the water
resources of the country. For instance, the Damodar Valley Scheme is a joint endeavour in which
the Centre and the States of West Bengal and Bihar are involved.
A major development has taken place in the field, of financial co-operation. This financial
assistance to the States entails no doubt a certain amount of Central control; but it also reveals a
sincere desire on the part of the Centre to help the States in fulfilling their responsibilities. The
States are endowed with inadequate resources. Hence many of the welfare functions of the States
would suffer in both quality and quantity, and some would remain unrealised unless large
financial co-operation comes from the Centre.
The Indian Federation has also evolved conference techniques facilitating smooth Union-State
relations and inter-level co-operation. Periodic conferences between the representatives of the
Union and the States have become a regular feature of the operative machinery of Indian
federalism. One would come across a stream of regular conferences in India: Conferences of the
State Governors, meetings of the State Chief Ministers, State Ministers conferences and meetings
of the Union and State officials.
The value of these meetings lies in adoption of an integrated and co-operative approach towards
the solution of the numerous problems which arise under India's federal structure.
Bargaining Federalism
In the newly independent countries of Asia and Africa the bargaining model of federalism is
prevalent. The party system and federalism are closely related and in the Western countries two
party system came into existence for the working of federal system. In Western countries, we find
a consensus among political parties on the fundamental issues and, therefore, they can play the
role of co-ordinating agencies in the federal system. But in Third World countries we find a large
number of national as well as regional parties. Due to the multiplicity of parties it is natural that a
national party rules at the central level and some other national or regional party comes in power
at the provincial level. Generally it is seen that the regional parties form the governments in
various provinces and they start the process of political bargaining with the party in power at the
Centre. We all are familiar that this bargaining process was found after the Fourth, Sixth, Ninth,
Tenth, Eleventh and Twelfth Lok Sabha elections in India, when the non-Congress and regional
parties came to power in the States.
222
INDIAN GOVERNMENT AND POLITICS
Morris Jones talks of federalism in India as an example of the concept of competitive bargaining.
One illustration may be given from procedures on legislation. The Constitution prescribes that
bills passed by State Legislatures may on submission to the Governor be refused assent or
returned for reconsideration or reserved for the consideration of the President, and further that
bills dealing with public acquisition of property must be so reserved. By convention, however,
States send such bills to the Centre for examination and comment in advance, so that the
reservation procedure when reached is merely formal; some States go further and submit in this
way most bills which deal with subject on the Concurrent List.
Bargaining federalism is also traceable in the existence, formal as well as tacit, and operation of
various institutional agencies such as the Planning Commission, National Development Council,
Finance Commission, Inter-State Council, Zonal Councils and a host of statutory bodies for the
adjudication of disputes with respect to use, distribution and control of inter-state rivers, etc. In
other words; the Indian Constitution envisages the appointment of a number of high level
commissions, both permanent and ad hoc, for the specific purpose of reconciling diverse and
conflicting interests with the co-operation of Union and State Governments.
Hounded by the charges of corruption pending against her, yet buoyed by the resurgence of her
party in the 1998 Lok Sabha elections, AIADMK supremo J. Jayalalitha tried to bargain for a
more decisive role in the new government at the centre. For a full 24 hours after Vajpayee
received the president's letter asking him to demonstrate support the imperious Jayalalitha kept
the BJP leadership dangling. She listed her demands : Dismissal of the DMK Ministry;
appointment of S. Swamy as either finance or law minister, bifurcation of the Finance Ministry
and the appointment of V. K. Ramamurthy as minister for revenue and banking and endorsement
of the candidature of the AIADMK's M. Thumbi Durai for the post of deputy speaker.
In justifying her refusal to actually put "unconditional" support to Vajpayee into a letter addressed
to the President, Jayalalitha has cited the BJP's "totally negative attitude" to Tamil demands.
Those listed include legal safeguards for allowing Tamil Nadu to continue with 69 per cent
reservation, the implementation of the interim Cauvery Waters award and the restoration of the
Periyar reservoir. India Today observes :
"With 27 MPs, Jayalalitha can demand a price for support to any
government......Along with N. Chandrababu Naidu's band of 12,
Jayalalitha can decide the complexion of any government in the 12th Lok Shbha." 17
An unparallel bargaining for sharing of power at the Centre, apparently for the fulfilment of
regional aspirations, was evident in the formation of the Government after the 1998 elections.
Whether it was Mamata Banerjee of West Bengal or Jayalalitha of Tamil Nadu, or P. S. Badal of
Punjab—all tried to extract the maximum share of the spoils and to seek solutions of the
problems in their respective states. In this game of power politics, the BJP had to unwillingly give
up its professed goals and programmes making India a vibrant Hindu State. The way the Lok
Sabha Speaker belonging to the TDP was elected has created a new history. The deliberately
enacted drama by the TDP to support the BJP-led coalition has no parallel in Indian history, and
perhaps elsewhere as well. Politics of convenience has thus become a new creed. THE INDIAN
FEDERAL SYSTEM : NATURE AND DETERMINANTS
223
HISTORICAL BACKGROUND
Carlo Schmid in his address to the West German Parliamentary Council in 1948 remarked:
"While federalism all the world over implies uniting of what was separated, it is apparently
intended to introduce federalism in our case in order to separate what had already been united." 18
Schmid's statement is very much applicable to India. Here also, federalism was intended to meet
the exigencies of political situation and it was introduced by disintegrating a Unitary State. The
idea of an Indian federation had its origin in the First Round Table Conference held in London in
1930. There were two difficulties to be overcome for evolving a constitutional settlement for
India: one was to meet the aspirations of the Muslims for regional autonomy in respect of
provinces in which they were in majority and the other was to integrate the Indian native States
with the then British Indian provinces in one common central administration. A strong Centre is
indispensable for a Unitary State which cannot be reconciled with autonomous provinces nor can
autocratic native States be lumped together with semi-democratic provinces as regional
governmental areas of a centralised unitary State. Federalism was the only way out of this
imbroglio and it was designed to meet both these necessities at the same time. Participation of
reactionary States in the Central administration which was to be run on the model of
parliamentary democracy would also operate as a counterpoise to the extremism of Congressmen
who were bound to capture power in the new Government and this was the reason which aroused
British interests in States' participation in a common federation. The Indian provinces were never
enthusiastic about the federal idea though they were willing to work out the scheme for the sake
of unifying India under one common government at the Centre.
The federal scheme was embodied in the Government of India Act, 1935 though it could not be
put into operation owing to non-participation by the requisite number of States and also due to the
sudden outbreak of the Second World War. Nevertheless, autonomous provinces were created
under the Act as the first step towards the establishment of the federation subsequently and
spheres of competence were precisely demarcated between the Centre and the Provinces. The
framers of the Constitution were conscious that they were running counter to the centuries old
tradition of unitarism by erecting a federation through a process of disintegration of the unified
national, political and economic system and as such too many unfederal features were interposed
in order to make it workable. The formalism of a federation was there. The Constitution, being an
enactment of the British Parliament, was certainly supreme and unamendable either by the Centre
or by the units or by any other authority under the sun. Powers were distributed between the
Centre and the Provinces, though the residuary authority was reduced to a minimum by the
insertion of a third list known as the Concurrent List and these powers were strictly derived from
the Constitution itself. A federal court was set up to decide cases arising out of, by or under the
Constitution and the finality of its authority was restricted by permitting appeals in some cases to
the judicial committee of the Privy Council in England. These formal features of a federal state
started operating from 1937, despite the non-inauguration of the federation itself.
Since then Indian political opinion flowed through the channels of federalism. All subsequent
proposals of constitutional reforms took the federal idea for granted and when the Muslims
clamoured for national self-determina-4.;-- „ minimnUat Centre with very strong units was
looked upon as the surest224
INDIAN GOVERNMENT AND POLITICS
next step. It was unfortunate that the contemplated federation was never established; had it been
operative for a few years, habits of co-opereation developed between the Indian States and the
Provinces and among the different communities in limited government at the Centre and
considerable autonomy in the province might have minimised separatist tendencies and prevented
subsequent partition of India. In fact, all provinces whether they were ruled by the Congress or
the Muslim League, had moved in union since 1937 and entered the same categories of social and
economic ameliorative legislations. Their co-operation in the interests of the nation was equally
sincere as was evident from the various conferences convened by the Government of India for
mutual consultation and exchange of views. This was not to be when the Cabinet Mission of 1946
laid down the blueprint for a Constitution to be drawn up by the Constituent Assembly; they
provided for a very feeble Centre whose jurisdiction was to be confined to defence, external
affairs and communications with powers for raising necessary finances for them. The residual
authority was to be vested in the provinces who were required to constitute group governments
for themselves and share powers with them. In the three-tier administration thus envisaged, the
federation was to have either three components in the form of the three groups or as many units
as there were provinces and native States willing to participate in the federation. From the Act of
1935, it was clearly accepted that the Federal centre would not have co-equal jurisdiction in
respect of all the component units; the provinces were to be under the control of the centre in
regard to all items enumerated in the Federal list, whereas control over the ascending Indian
States would be limited to the items specified in the Instrument of Accession signed and executed
by the rulers of those States.
Consistent with the Cabinet Mission Plan, the Constituent Assembly had set up a Union Powers
Committee for the purpose of preparing the basic principles for distribution of powers. It was
understood that the principles devised would conform to the needs of a very weak centre. But
before the committee had submitted its recommendation, India was partitioned and the
Constituent Assembly was entrusted with the task of drawing up a constitution which would meet
the requirements of the new India. Partition had also achieved the beneficient result of hastening
the accession of the Indian States to the Union. Their representatives joined the Assembly and
participated in the codification of the Constitution with full knowledge that the document would
be applicable to them also. While the Assembly was going through its painstaking and elaborate
labours, the picture of the Indian States was changed beyond recognition. The rulers, one and all,
handed over their right of administration to the Government of India and in return got privileges
and privy purses. A separate homeland for the Muslims in Pakistan and complete merger of the
State administrations with the Government of India did not leave any more justification for
conforming to the Cabinet Mission Plan.
In presenting the Report of the Union Powers Committee to the Constituent Assembly on August
20, 1947, Jawaharlal Nehru, the Chairman, said:
"We are unanimously of the view that it would be injurious to the interests of the country to
provide for a weak central authority, which would be incapable of ensuring peace, of co-
ordinating vital matters of common concern and of speaking effectively for the whole country in
the international sphere. At the same time, we are quite clear in our minds that there are many
matters in which authority must be solely with the units and that to frame a constitution on the
basis of
i______________THE INDIAN FEDERAL SYSTEM : NATURE AND DETERMINANTS____________225
a unitary State would be a retrograde step both politically and administratively." 19
The Committee had thus prescribed a federal structure with a strong Centre. In the meanwhile,
certain developments had taken place on the national front which streamlined the need for a
strong Centre. The bitterness of the Direct Action of the Muslim League in 1947 had not
disappeared when the terrible massacre and the exodus of people in millions out of their hearths
and homes, spread lawlessness throughout the country and in some cases retaliation against the
Muslims left behind in India was equally poignant. More than five million people sought relief
and rehabilitation in India. When the new Government of India was overwhelmed with the
colossal magnitude of this unprecedented problem, communal rabidity re-emerged in the country
and it led to the assassination of Mahatma Gandhi on January 30, 1948. Repercussions of the
Second World War and the transfer of the grain growing areas to Pakistan created an acute food
cirsis, for which in addition to strenuous attempts and enormous expenditure for growing more
food in the country, the Government sought food assistance from other countries. With want of
food and growing lawlessness at home and the victory of the communists in the civil war in
China, their compatriots in India were emboldened to indulge in aggressive activities. For some
time, law and order was in jeopardy in Hyderabad and parts of Madras and West Bengal. Besides,
substantial sums of money were being spent in defending Kashmir against an unprovoked
aggression from Pakistan. The cumulative effect of these was mitigation of provincial
consciousness and over-emphasis on national unity; the cry of emergency and 'nation in danger'
was echoed everywhere. It was clearly perceived that without a strong Central Government to
direct and mobilise the united efforts of all segments of the nation, the emergency could not be
warded off. A constitution codified in a period of such stresses and strains could not but provide
for a centralized federation.
Tradition dies hard. The federation of the Government of India Act of 1935 had been
characterised by centralising tendencies. For a country which had nourished a sense of unity as a
cherished doctrine of nationalism for more than a century could not all too soon be divided with a
consciousness of separatism. India is a conglomeration of races, religions, communities, castes
and languages, these divisions transcended the artificial boundaries that the provinces and the
states possess. Separatism on the basis of this political division could not, therefore, be
constructive and solid, on which alone the federal structure rests. An Indian Federation was
bound to be centralised and the Act of 1935 had recognised it. The new Constitution of India
could not break away from the basic assumptions of that still-born federation. Immediate
redrawing of the boimdaries of the units for the purpose of creating rational units for a solid
federation would have re-awakened centrifugal tendencies lying dormant and created more
problems than what such a step was like to solve. Therefore, the most desirable course was to
allow the old system to continue and as such the Indian federal union has an overdose of
centralism. This is what B.R. Ambedkar wanted it to be. He said: "The word 'Indian Union'
indicates two things, viz., (a) that the Indian Federation is not the result of an agreement by the
units; and (b) that the component units have no freedom to secede from it." This vests ------;„+„
c;inrpmn,cv in the Union Government.226
INDIAN GOVERNMENT AND POLITICS
FEDERAL FEATURES OF THE INDIAN CONSTITUTION : THE CONSTITUTION IS FEDERAL IN FORM
The Indian federal system of today has many such characteristics which are essential for a federal
polity. The main federal features of the Indian Constitution are as follows:
1. Written Constitution
For a federation it is essential that its constitution should be a written one so that both the units as
well as the centre can refer to that as and when need be. Accordingly the Indian Constitution is a
written document containing 395 Articles and 12 schedules, and therefore fulfils this basic
requirement of a federal government. In fact the Indian Constitution is the most elaborate
constitution of the world.
2. Supremacy of the Constitution
In a federation the constitution should be supreme source of strength, both for the centre as well
as the federating units. The Constitution is the supreme law of the land and the laws passed by the
Union or the State governments must conform to the Constitution. Accordingly, India's
Constitution is also supreme and not the hand-maid of either the Centre or of the States. If for any
reason any organ of the state dares to violate any provision of the Constitution, the courts of laws
are there to ensure that dignity of the Constitution is upheld at all costs.
3. Rigid Constitution
Another essential characteristic of a federation is that the Constitution should be rigid. This
rigidity is specially desired by the federating units so that the Centre subsequently does not
change the list of subject to suit its convenience. A rigid constitution, as we know is one which
cannot be changed easily. The Indian Constitution is largely a rigid constitution. All the
provisions of the Constitution concerning Union-State relations can be amended only by the joint
actions of the State legislatures and the Union Parliament. Such provisions can be amended only
if the amendment is passed by a two-thirds majority of the members present and voting in the
Parliament (which must also constitute the absolute majority of the total membership) and ratified
by at least one-half of the States.
4. Division of Powers t

In a federation there should be clear division of powers so that the units and the centre are
required to enact and legislate within their sphere of activity and none violates its limits and tries
to encroach upon the functions of others. This requisite is evident in our Constitution. The
Seventh Schedule contains three Legislative Lists which enumerate subjects of administration,
viz., Union, State and Concurrent Legislative Lists.
The Union List consisted of 97 subjects, the more important of which are defence, foreign affairs,
railways, posts and telegraphs, currency, etc. The State List consisted of 66 subjects, including,
inter-alia, public order, police, administration of justice, public health, education, agriculture etc.
The Concurrent List embraced 47 subjects including criminal law, marriage, divorce, bankruptcy,
trade unions, electricity, economic and social planning, etc. The Union Government enjoys
exclusive power to legislate on the subjects mentioned in the Union List. The State Governments
have full authority to legislate on the subjects of State List under normal circumstances. And both
the CentreTHE INDIAN FEDERAL SYSTEM : NATURE AND DETERMINANTS
227
and the State can legislate on the subjects mentioned in the Concurrent List. The residuary
powers have been vested in the Central Government.
5. Independent Judiciary
For a federation it is also essential that the judiciary should be supreme and independent. It
should be custodian of the Constitution. In India, the Constitution has provided for a Supreme
Court and every effort has been made to see that the judiciary in India is independent and
supreme. The Supreme Court of India can declare a law as unconstitutional or ultra vires, if it
contravenes any provisions of the Constitution. In order to ensure the impartiality of the judiciary,
our judges are not removable by the Executive and their salaries cannot be curtailed by
Parliament.
6. Bicameral Legislature
A bicameral system is considered essential in a federation because it is in the Upper House alone
that the units can be given equal representation. The Constitution of India also provides for a
bicameral legislature at the Centre consisting of Lok Sabha and Rajya Sabha. While the Lok
Sabha consists of the elected representatives of people, the Rajya Sabha mainly consists of repre-
sentatives elected by the State legislative assemblies. However, all the States have not been given
equal representation in the Rajya Sabha.
UNITARY FEATURES OF THE INDIAN CONSTITUTION : A STRONG CENTRAL GOVERNMENT
It is indeed difficult to put the Indian Constitution in the category of federations, even though it
had all the main ingredients of a federation. It is, in fact, a new contrivance designed to meet the
special requirements of Indian society. The framers of the Constitution have modified the true
nature of Indian federalism by incorporating certain non-federal features in the Constitution as
well. This has lent support to the contention that the Indian Constitution is federal in form but
unitary in spirit. Let us now examine the unitary features of the Indian Constitution in some
detail.
1. Single Citizenship
Generally, under a federal government there is double citizenship, a citizenship of the union as a
whole and citizenship of each constituent state. In the United States the dual polity is followed by
dual citizenship (the citizenship of the United States and that of the individual state). The Indian
federation is a dual polity with a single citizenship for the whole of India. There is no State
citizenship. Every Indian has the same rights of citizenship, no matter in which State he resides.
2. A Strong Centre
The result of the distribution of powers between the federation and the units is that the State
Governments are governments of limited and enumerated powers. Though the Union
Government is also a government of limited and enumerated powers, it has under certain
circumstances power even over the State Governments and has the residuary power over the
whole territory.
3. Single Constitution for Union and States
Usually, under a federal system, the States have their own constitutions
separate from that of the Union. This is the case in the United States. The
Indian Constitution, on the contrary, embodies not only the Constitution of the
"n "-"-j--- TTI—J-I,,,,™,^.^ f>,o S+Q+PU nf the Tndian Union____*u t*iow uie same.
4. Centre can change name and boundaries of States
In a federation the centre has no right whatsoever to change the boundaries of the states.
But in India the Centre has a right to change the boundaries of the States and to carve out
one State out of the other. In fact, this has been done in India, not only once but several
times. In the fifties, Andhra Pradesh was carved out of the Madras State. Shortly
thereafter the States Reorganisation Commission was established and the chain of events
unfolded. There is perhaps no State whose boundaries have not been changed at one stage
or another. The right of the Centre to change the boundaries of the States is against the
federal set-up.
5. Single Judiciary
Dual polity involves in certain federations a double system of judiciary. For example, in
the United States the States have their own judicial systems unrelated to and
uncoordinated with, the federal judiciary. Australia too follows more or less the same
pattern. But in India the Supreme Court and the High Courts form a single integrated
judicial system. They have jurisdiction over cases arising under the same laws,
constitutional, civil and criminal. The civil and the criminal laws are codified and are
applicable to the entire country. To ensure their uniformity, they are placed in the
Concurrent List. 6. Unitary in Emergencies
The Indian Constitution is designed to work as a federal government in
normal times, but as a unitary government in times of emergency. Under the
Constitution the President of the Republic has been given emergency powers.
An emergency can arise both in the political and financial fields. In the political
field it implies that administrative machinery of State cannot be carried out in
accordance with the Constitution of the country. It would mean that there is
political instability in the State or law and order machinery has completely
broken down. In the financial field it implies that there is grave financial crisis
which cannot be solved by normal constitutional procedures. The effect of
declaration of emergency is that administration of the State is taken over by
the Centre, which is not in keeping with the spirit of federal polity at all.
7. Common All-India Services
The Constitution has certain special provisions to ensure the uniformity of the
administrative system and to maintain minimum common administrative standards
without impairing the federal principle. These include the creation of All-India Services
such as the Indian Administrative and Police Services and placing the members of these
services in key administrative positions in the States.
8. Inequality of Representation in the Council of States
There is bicameralism in India but in the Council of States, States have not been given
equal representation. Here population system has been followed and bigger States have
been given greater representation than the smaller ones. This is again against the spirit of
an idea of federation. In the USA, the Senate, which is the upper House of US Congress,
has equal representation from all the States.THE INDIAN FEDERAL SYSTEM :
NATURE AND DETERMINANTS
229
9. Appointment of Governor by President
The Heads of the State—the Governor—are appointed by the President. They hold office during
his pleasure. This enables the Union Government to exercise control over the State
administration.
10. Appointment of the High Court Judges by the President
Appointments to the High Courts are made by the President, and the Judges of the High Courts
can be transferred by the President from one High Court to another.
11. The Office of the Comptroller and Auditor-General".
The Comptroller and Auditor-General of India has an organisation managed by the officers of the
Indian Audit and Account Services, a central service, who are concerned not only with the
accounts and auditing of the Union government but also those of the States.
12. Centralized Electoral Machinery
The Election Commission, a body appointed by the President, is in charge of conducting elections
not only to Parliament and to other elective offices of the Union, but also to those of the State
legislature.
13. Flexible Constitution
In an ideal federation there should be rigid constitution, which implies that the constitution cannot
be easily amended. This is done with a view to ensuring the states that the Centre shall not be in a
position to easily amend the constitution. One finds that in the USA which is an ideal federation
of today, the Constitution is very rigid. But the Indian Constitution is not very rigid. Many parts
of the Constitution can be easily amended. This flexibility of Constitution is against the spirit of
federal system.
14. Special powers of Council of State over State List
The Parliament is also authorised by the Constitution to make laws on any subject mentioned in
the State List, if the Council of States passes a resolution by a two-thirds majority declaring a
particular subject or subjects to be of national importance. Similarly, Parliament can pass laws on
the items of State List, if it is deemed essential by the Government of India to honour an
international obligation. In short, in India the Centre can encroach on the field reserved for the
States as and when it feels necessary,
15. Control over State Laws
Certain laws passed by the State Legislature cannot come into operation unless they have been
reserved for the approval of the President of India. Thus, all the laws concerning the acquisition
of property, all laws on Concurrent List which are contrary to the laws passed by the Parliament;
and the laws concerning the sales-tax on essential commodities, etc. need the approval of the
Central Government. Moreover, the Governor of a State reserves the right to reserve any bill
passed by the State Legislature for the consideration of the President. The President may accord
his approval to such a bill or may withhold his assents. '
16. Financial dependence of States
In a federation, as far as possible, States should be financially self-sufficient so that these enjoy
maximum autonomy. But in India the States depend •'--■<• n i—i--------.t Ti, , Un™ rvinr'Vi lo«« smircfis of income
m

but

230
INDIAN GOVERNMENT AND POLITICS
many more needs of expenditure. This financial dependency has very much hindered the growth
of States on federal lines.
CRITICAL ANALYSIS OF INDIA'S CENTRALIZED FEDERATION
Many other provisions of the Constitution can be cited to support the view that the Central
Government has in fact such extraordinary authority that India is no more than a quasi-federation
at best, or that if it is a federation at all, it has many unitary features. In the words of G.N. Joshi;
"These, then, are some of the special features of the Indian Union. It both resembles and differs
from other federations. It may be correctly described as a quasi-federation with many elements of
unitariness." When Nehru was the unquestioned leader of the country, and when the Congress
Party was in a virtually unchallenged position at the Centre, if less so in some of the States, the
powers of the Central Government were augmented by the extraordinary role of a single leader
and a single party. The power and prestige of the Centre have been further enhanced by its
assumption of the overall initiative and control in the fields of economic planning and
development, social reform and fiscal administration, not to mention the usual dominance of the
Centre in foreign policy, defence and communications, in a state dedicated to "the socialist
pattern of society." In India there has been, and still is, a tendency to look to government for most
things, and this usually means the Central Government.
Thus centralised federalism in India has been the result of five outstanding factors, viz., (i)
Monolithic parties which control the state organisations through their national organs; (ii)
Congress rule in the Union and in all the States from 1950 till 1967 with minor exceptions; (iii)
the dominating personality of Jawaharlal Nehru as the Prime Minister from 1950 till 1964; (iv)
introduction of national planning as the medium for rapid economic growth in the country; (v) the
emergency declared in the wake of Chinese aggression in 1962 and Pakistani aggression in 1965
and 1971. Uninterrupted Congress rule in India had undermined constitutional federalism by
making the State Governments political vassals of the Union. The emergence of strong per
sonlities in the States' sphere might have worsened the hold of the Centre but this was
unthinkable in face of the leadership of Jawaharlal Nehru.
It is recognized that in the past disruptive forces had been very strong in India. The necessity for
guarding against centrifugal tendencies is recognized in the new polity, and the distribution of
power between the Union and the States is designed to avoid these dangers and evils. The
President is empowered to take measures to avoid the difficulties from this direction as well as
those difficulties which have been felt by the United States, Canada and Australia. The federal
Constitution of India is the latest addition to the federal constitutions of the world. Its framers
have borrowed largely from other federal constitutions and have drawn upon the experience and
close study of their working, and they have attempted to embody in the constitutional provisions
which are necessary and essential in a federal polity, but have modified them to meet the peculiar
needs and conditions of India. Like other constitutions it is an instrument for the government of
the country. It is sufficiently elastic for adaptation to India's changing and growing needs.
REFERENCES
1. G.N. Joshi, The Constitution of India (London, 1954), p. 32.
2. J.P. Suda, Indian Constitutional Development and National Movement (Meerut, 1951), p. 523.
3. K.C. Wheare, Federal Government (London, 1963), p. 27.
THE INDIAN FEDERAL SYSTEM : NATURE AND DETERMINANTS
231
4. Norman D. Palmer, The Indian Political System (Boston, 1971), p. 100.
5. Ivor Jennings, Some Characteristics of the Indian Constitution (London, 1953), p. 1.
6. K.M. Munshi, The President under the Indian Constitution (Bombay, 1967), p. 1.
7. P.B. Gajendragadkar, The Constitution of India; Its Philosophy and Basic Postulates (Bombay, 1969), p. 69.
8. W.H. Morris Jones, The Government and Politics in India (Washington D.C, I960), p. 14.
9. Benjamin N. Schoenfeld, Federalism in India (Washington D.C, 1960), p. 14.
10. K. Santhanam, Union-State Relations in India (Bombay, 1963), p. 8.
11. K.R. Bombwall, The Foundations of Indian Federalism (Bombay, 1967), p. 96.
12. Amal Ray, Inter-Government Relations in India (Bombay, 1966), pp. 9-20.
13. Karl J. Friederich, Trends of Federalism in Theory and Practice (London, 1968), p. 47.
14. K.C. Wheare, Modern Constitutions (London, 1966), p. 227.
15. Granville Austin, The Indian Constitution; Cornerstone of a Nation (Bombay, 1974), pp. 187-88.
16. A.H. Birch, Federalism, Finance and Social Legislation in Canada, Australia and the United States (London,
1955), p. 306.
17. India Today, March 23, 1998, p. 32.
18. Documents on the Creation of the German Federal Constitution (OMGUS), p. 43.
19. Constituent Assembly Debates (1947), August 20, 1947.
20. Ibid., Vol. VII, no. 1, p. 43.

IChapter 20
CENTRE-STATE LEGISLATIVE
RELATIONS
AN OVERVIEW
The essence of federalism is division of powers between the National Government and the State
Governments. A federation implies an agreement between two or more communities which as
between themselves are independent and autonomous. Realising that they have a community of
interest in certain matters, they agree to unite and put themselves under the control of one
common Government in relation to such matters as are agreed upon as of common concern,
leaving each state government still independent and autonomous in all other matters. The
federating states enter into a compact and create a national state, and the instrument by which
their relations are governed, forms the fundamental law of the country. The exact line which is
drawn to separate the matters of common concern to the whole federation varies according to the
views of those who enter into the compact as regards the relative functions of the federating states
and the National Government. It also depends upon the view adopted by the federating states as
to what matters in their actual circumstances, geographical, economic, social or otherwise, are
really matters of common concern. But once it is demarcated and fixed by the federating
agreement, its maintenance is of the essence of federalism. Thus, the distribution of powers
constitute the pivot of federalism. "A form of government in which sovereignty or political power
is divided between the central and the local governments, so that each of them within its own
sphere is independent of the other."1
The scheme of distribution of powers in each federation was determined by the peculiar political
conditions under which it came into existence. In the United States when the sovereign states
proposed to federate they were anxious not to surrender an unlimited area of power to the new
National Government and they were prepared to grant only enumerated powers to the National
Government and were, therefore, reluctant to leave the residual power to it. Hence, there is only
one list containing the powers of the National Government, and the residue remains with the
units. Power which is not granted to the Congress and not prohibited to the states is and remains
with the states. This shows that the states surrendered as a portion of their sovereignty while
retaining the residue with themselves. When the Canadian Federation was formed, the Canadians
had before them the example of the working of the American constitution, which suggested that
the union must have more powers. Hence, the scheme of the distribution of powers adopted in the
Canadian constitution is different. The matters with respect to which the National CENTRE-STATE
LEGISLATIVE RELATIONS : AN OVERVIEW
233
Government and the provinces are competent to legislate are enumerated in two sections, leaving
the residual power to the Dominion Parliament. Those responsible for drawing up the Australian
Constitution were mostly influenced by the American Constitution, and they adopted only one list
which enumerated the powers which are surrendered by the states to the National Government,
the residue remaining with the states. In the Indian Constitution Act of 1935, Legislative powers
were enumerated in three lists; Federal, Provincial and Concurrent, and residue was given to the
Governor-General to be assigned by him either to the Central Government or the provinces. The
adoption of these three lists and the leaving of the residuary power to the Governor-General were
necessitated by the political conditions of India—the difference of opinion before 1935 between
the Hindus and the Muslims, the former favouring a strong Centre whilst the latter favoured
strong provinces.
Thus, the distribution of legislative powers in each federation reflects in the main the nature and
character of the policy agreed upon by those who were responsible for drawing up the
constitution. Whatever may be the variations or differences in the details of the distribution of
legislative powers one fact is common to all federations and that is there is a distribution of
legislative powers and this distribution determines the distribution of executive authority.
Distribution of Powers between the Union and the States
The most significant feature of any federation is the division of powers between the federation
and constituent units. This is also the most significant feature of the Indian federation. This, we
shall now discuss in detail describing all the aspects of the division of powers in the Constitution
or outside the Constitution.
Legislative Relations between the Union and the States
The basic provisions regarding the distribution of powers between the Central and the Provincial
Governments are in Part XI of the Constitution. This part is divided into two chapters, legislative
relations and administrative relations. In our Constitution, we have followed a system in which
there are two lists of legislative powers, one for the Centre and the other for the States. The
residue is left for the Centre. This system is similar to the system that there in the Constitution of
Canada. An additional list called the Concurrent List has also been added in our Constitution on
the pattern of the Constitution of Australia. It must be emphasized that the scheme regarding the
distribution of powers and the actual division of powers is almost the same as it was in the
Government of India Act, 1935. The three lists are embodied in the Seventh schedule of the
Constitution.
The Union List: The Union list which consists of ninety-seven items is the longest of the three. It
includes items such as defence, armed forces, arms and ammunition, atomic energy, foreign
affairs, war and peace, citizenship, extradition, railways, shipping and navigation, airways, posts
and telegraphs, telephones, wireless and broadcasting, currency, foreign trade, inter-state trade
and commerce, banking, insurance, control of industries, regulation and development of mines,
mineral and oil resources, elections, audit of Government Accounts, constitution and organisation
of the Supreme Court, High Courts and the Union Public Service Commission, Income-tax,
Customs duties and export duties, duties of excise, Corporation tax, taxes on capital value of
assets, estate duty, terminal taxes, etc. Parliament has exclusive powers of legislation with
234
INDIAN GOVERNMENT AND POLITICS
on the basis of common interest to the Union and with respect to which uniformity of legislation
throughout the union is essential.
The State List: The State list consists of sixty-sjx items. Some of the more important of these
items are as follows: public order, police, administration of justice, prisons, local Government,
public health and sanitation, education, agriculture, animal husbandry, water supplies and
irrigation, land rights, forests, fisheries, money-lending, State Public Services and the State Public
Service Commission, land revenue, taxes on agricultural income, taxes on lands on buildings,
estate duty, taxes on electricity, taxes on vehicles, taxes on luxuries, etc. The selection of these
items is made on the basis of local interest and it envisages the possibility of diversity of
treatment with respect to different items in the different States of the Union. The State legislature
has the exclusive power of legislation with regard to every one of the items included in the State
List. In the words of Prof. M.V. Pylee, "The scope of the application of the federal principle in
India is to be determined by the scope of State legislation arising out of items included in this
list."2
The Concurrent List : The Concurrent List consists of forty-seven items. These are items with
respect to which uniformity of legislation throughout the Union is desirable but not essential. As
such, they are placed under the jurisdiction of both the Union and the States. The list includes
items such as marriage and divorce, transfer of property other than agricultural land; contracts,
bankruptcy and insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of
foodstuffs, drugs and poisons, economic and social planning, trade unions, security, labour
welfare, electricity, newspapers, books and printing presses, stamp duties, etc.
The parliament of India and the State legislatures have concurrent powers of legislation over the
items included in this list. Once Parliament enacts a law on an item in this list, parliamentary law
shall prevail over any state law on the item. There is, however, one exception to this general rule.
According to this a later law of the state legislature on any item in the Concurrent List shall
prevail over an earlier law of Parliament on the same subject, if the state law was reserved for the
consideration of the President and received his assent. This enables a State to pass a more
advanced piece of legislation than an existing parliamentary law. This also provides for any
special conditions and circumstances that may prevail in any State.
Residuary Powers
In the federations of the United States, Switzerland and Australia the residuary powers are
assigned to the federating units. While in India, like Canadian federation, the residuary powers
are vested in the Union.
PARLIAMENT CAN LEGISLATE ON THE SUBJECTS OF STATE LISTS
Although the states have the exclusive power of legislation over every item in the State List, but
there are certain exceptions to this general rule. These exceptions are:
1. Article 249 provides that if the Rajya Sabha declared by a resolution supported by not less than
two-thirds of the members present and voting that it was necessary or expedient in the national
interest that Parliament should make laws with respect to any matter enumerated in the State List
specified in the resolution, it became lawful for Parliament to make laws for the whole or any part
of the territory of India with respect to that matter during the period the resolution remained in
force. Such a resolution remained in force for suchCENTRE-STATE LEGISLATIVE RELATIONS : AN
OVERVIEW
235
a period, not exceeding one year, as might be specified therein. The Rajya Sabha, however, could
extend the period of such a resolution for a further period of one year from the date on which it
would otherwise have ceased to operate.
2. Under Article 250, Parliament is empowered to make laws on any item included in the State
List for the whole or any part of India while a proclamation of Emergency is in operation. The
maximum period for which such a law can be in force is the period for which emergency lasts and
six months beyond that period.
3. Under Article 252, Parliament also became entitled to legislate for two or more States by their
consent. If two or more States request the Central Government to legislate on a particular subject
mentioned in the State List, in so far as their State is concerned, the Central Parliament shall
legislate on these subjects as well. If any such law is to be amended or repealed, it can be done
only by Parliament alone but the initiative for it rests with the States.
4. Under Article 253, Parliament had power to make any law for the whole or any part of India
for implementing any treaty, agreement or convention with any other country or countries or any
decision made at any international conference, association or other body. This provision entitled
Parliament to legislate even in respect of those subjects that were included in the State List.
5. The predominance of Parliament was further established by Articles 356 and 357 of the
Constitution. Article 356 stipulated that if the President was satisfied that a situation had arisen in
which the Government of a State could not be carried on in accordance with the provisions of the
Constitution he might declare that the powers of the Legislature of that State would be
exercisable by or under the authority of Parliament. The effect of Article 356 would be that the
legislature of the State in question would stand dissolved or suspended and the law-making power
would rest in Parliament during the period the proclamation of emergency was in force.
6. Not only Parliament enjoyed predominance over law-making in the States, the Union
executive also exercised some control. Clause (3) of Article 31 (dealing with right to property)
provided that if the legislature of a State adopted a Bill providing for compulsory acquisition of
movable or immovable property for Public purposes, such a Bill would not be effective unless it
had been reserved for the consideration of the President and had received his assent. Aproviso to
Article 200 states that the Governor should not assent to, but should reserve for the consideration
of the President, any Bill which in the opinion of the Governor would, if it became law, so
derogate from the powers of the High Court as to endanger the position which that Court has by
the Constitution designed to fill.3 Articles 200 and 201 provided for Presidential assent to Bill of
the State legislatures, but prescribed neither a time limit within which to give or refuse to give
assent nor the principles or criteria according to which the assent was to be given or withheld.
Under Article 200, the Governor could reserve a Bill of the State legislature for the consideration
and assent of the President. Whether he would do so in his discretion or on the directive of the
Union authorities had not been stated in the Constitution, the general implication, however was
that the Governor would reserve the Bill for the considerationINDIAN GOVERNMENT AND POLITICS
CRITICISM LEVELLED BEFORE THE SARKARIA COMMISSION AGAINST THE WORKING OF UNION-
STATE LEGISLATIVE RELATIONS
There was total unanimity among all cross-sections of public opinion in regard to the
need for a strong Union to enable it to maintain and protect the unity and integrity of the
country. The central theme of the criticism levelled before the Sarkaria Commission
against the working of Union-State legislative relations is 'over-centralisation'. The
Commission classified the criticism into four broad categories:
Category I: Most State Governments, political parties and eminent persons, who have
communicated their views to Sarkaria Commission, believe that there is nothing wrong
with the scheme of the Constitution in securing a constitutionally 'strong centre' having
adequate powers both in extent and nature. They accept that only a strong centre can
effectively preserve the unity and integrity of the nation. They agree that in time of
emergency (as defined in Article 352), the Union should be able to exercise full powers
with respect to all matters in the three lists ofthe Seventh Schedule. But they also
emphasise that in normal times,1, the division of powers between the Union and States,
which really represents the basic federal characteristic of our Constitution, should not
only be scrupulously observed but also amplified by further decentralisation of the units.
They complain that in practice, this has not happened. They contend that undue
centralisation has occurred or been brought about in the working of the Union-State
arrangements by making indiscriminate declarations of public interest or a national
importance under certain entries in the Union List which control certain inter-linked
entries in the State List or the Concurrent List. They have a grievance that the Union has
in several matters enumerated in the Concurrent List occupied the fields of legislation in
its entirety. Further, the Union has sought to dictate its policy to the State legislatures
with regard to such matters by improper use of its power under Article 201 with respect
to Bills passed by the State legislatures. They suggest that before Parliament undertake
legislation with regard to a concurrent matter the State Governments must be consulted.
Category II: Four State Governments and their supporting political parties and a few
others have severely criticised both the structural and functional aspects ofthe Union-
State legislative relations. They contend that the Constitution is much too tilted in favour
of the Union and this imbalance needs rectification by restructuring these relations. They
ask for exclusion of those clauses and words from Articles 246 and 254 which give
predominance to the legislative power of the Union over that of the State legislatures. In
common with the first category they complain that further over-centralisation and
distortion ofthe constitutional scheme has been brought about by working it in a manner
contrary to the letter and spirit of the Constitution. They suggest drastic structural
changes such as abolition or substantial reduction of the Concurrent List and transfer of
all or most subjects therein to the State List. They further suggest reformulation of Article
248 so as to vest the residuary powers in the State legislatures. They have also asked for
deletion or substantial modification of Articles 31A, 31C, 154(2), 249, 252, 253, 254, etc.
Category III : Proceeding on the premise that "India is a federal and • republican
geographical entity of different languages, religions and cultures", Akali Dal submitted a
resolution to the Sarkaria Commission which wages inter alia that to "safeguard the
fundamental rights of the religious and linguistic f minorities, to fulfil the demands
of democratic traditions and to pave the wayCENTRE-STATE LEGISLATIVE RELATIONS : AN
OVERVIEW
237
for economic progress, it has become imperative that the Indian Constitutional structure should
be given a real federal shape by redefining the Central and State relationships on the aforesaid
principles and objectives." It demanded that the interference of the Union should be restricted to
Defence, Foreign Relations, Currency and General Communications only and all other
governmental powers (including residuary powers) should be assigned to the States. Further, that
the States would contribute for the expenditure of the Union in respect of the above subjects.
Category IV : Critics in this category have chosen a middle course. They want only a few
structural changes and in common with those in categories I and II, substantial changes in the
functioning aspects of Union-State legislative relations. They suggest reformulation of Article
248 so as to vest the residuary power in the State legislatures.
REVIEW OF THE CENTRE-STATE LEGISLATIVE RELATIONS BY THE SARKARIA COMMISSION AND
ITS RECOMMENDATIONS
The Sarkaria Commission examined the scope of the constitutional provisions, the manner in
which they have been worked during the last 37 years, the validity of the criticism levelled and
the need for remedial measures :
1. Issues raised regarding Articles 246 & 254 : Most State Governments, Political parties and
eminent persons find no fault with the structural aspects of Articles 246 and 254. Only two State
Governments have asked for reformulation of Article 246 so as to exclude from it words and
clauses which give supremacy to the Union legislative power over that of the States.
Sarkaria Commission feels that the supremacy clause is the very key stone of the arch of federal
power. "If the principles of Union Supremacy are excluded from Articles 246 and 254, it is not
difficult to imagine its deleterious results. There will be every possibility of our two-tier political
system being stultified by interference, strife, legal chaos and confusion caused by a host of
conflicting laws, much to the bewilderment of the common citizen. Integrated legislative policy
and uniformity on basic issues of common Union-State concern will be stymied. The federal
principle of unity in diversity will be very much a casualty.4
2. Issues raised regarding Residuary Powers (Article 248) : Most State Governments do not seek
any change in the existing provisions relating to the residuary powers. However, four State
Governments have suggested that the residuary powers should be vested in the States and two
State Governments have proposed that Entry 97 of the List I be transferred to the Concurrent List.
Sarkaria Commission recommends that residuary powers of legislation in regard to taxation
matters should remain with Parliament, while the residuary field, other than that of taxation,
should be placed in the Concurrent List. The Constitution may be suitably amended to give effect
to this recommendation.5
3. Issues raised regarding Union Lists : Originally, there were 97 items in the Union List, 66 in
the State List and 47 in the Concurrent List. As a result of subsequent amendments of the
Constitution, the number of entries in the Union List and the Concurrent List has increased to 99
and 52, respectively; while number of entries in the State List has decreased to 61.
A few State Governments complained the Scheme of distribution of powers is too much biased in
favour of the Union and it requires revision. The Akali Dal had demanded in a draft resolution
that the jurisdiction of the Union should
: Defence, Foreign Relations, Currency238
INDIAN GOVERNMENT AND POLITICS
and General Communication and the rest of the subjects should be the responsibility of the States.
One State Government has suggested extensive structural changes affecting 29 entries in the
Union List. It has asked for total omission of Entry 2-A. It has suggested reformulation, partial
deletion or transfer, wholly or in part, of Entries 7, 24, 25, 30, 31, 32, 33, 40, 45, 48, 51, 52, 53,
54, 55, 56, 58, 60, 62, 63, 64, 66, 67, 76, 84, 85, 90 and 97 of List I to List II or some of them to
List III. The main object of these proposals is to curtail the powers of the Union, and increase
those of the States. The focus of the criticism is on those Entries of List I which enable the Union
to control or take over the field of certain entries in List II. The broad argument is that these
Entries are anti-federal.
Sarkaria Commission feels that the proposed redistribution of powers would require drastic
changes in the basic scheme and framework of the Constitution "so sedulously designed to
protect the independence and ensure the unity and integrity of the country." "This is an
implication which under our Terms of Reference, we are imperatively required not to disregard.
Making of such wholesale structural changes in the fundamental fabric of the Constitution may
even be beyond the scope of Article 368".6
4. Need for Concurrent List: Two State Governments and their supporting parties have proposed
abolition of the Concurrent list and transfer of all its items to the State List. The demand
apparently rests on two-fold premises. First, that in a truly federal constitution there is no need for
a concurrent sphere of jurisdiction, and as such, a polity postulates a complete and mutually
exclusive division of power between the two levels of government. Second, that the Concurrent
List has been operated by the Union in a monopolistic and unilateral manner as if it were a
second Union List.
Sarkaria Commission observes that the demand for abolition of the Concurrent List would be a
retrograde step. Furthermore, abolition of the Concurrent List would involve a drastic change in
the fundamental scheme and framework of the Constitution, which, under our Terms of
Reference, we are imperatively required not to disregard.7
The Commission recommends "that ordinarily the Union should occupy only that much field of a
concurrent subject on which uniformity of policy and action is essential in the larger interest of
the nation, leaving the rest and the details for state action within the broad framework of the
policy laid down in the Union Law. Further, whenever the union proposes to undertake
legislation with respect to a matter in the Concurrent List, there should be prior consultation not
only with the State Governments individually, but also collectively, with the Inter-Governmental
Council which, as we have recommended should be established under Article 263." 8
5. Article 249 : Four State Governments specifically and one more State Government indirectly,
have asked for deletion of Article 249. The Commission carefully considered the arguments for
deletion or amendment of Article 249. These stem from fears about the possible misuse of this
power. These fears have no empirical basis. The evidence shows that the Article has been availed
of very sparingly to meet abnormal situations.
Article 249 was first invoked in August 1950 "for effective control of black-marketing", when in
pursuance of the resolution, dated August 8, 1950 of the Rajya Sabha, Parliament enacted the
Essential Supplies Amendment Act, 1950 and the Supply of Price of Goods Act, 1950. Again, in
1951, pursuant toCENTRE-STATE LEGISLATIVE RELATIONS : AN OVERVIEW
239
another resolution of the Rajya Sabha under this Article, Parliament passed the Evacuee Interest
(Separation) Act, 1951, applicable to all evacuee property including agricultural land. After,
1951, for a period of about 35 years this Article remained dormant. Thereafter, it was resorted to
recently in August 1986. Conclusions
The entire scheme of the distribution of legislative powers undoubtedly display a strong tendency
towards a high degree of centralisation. This scheme seeks to reconcile the imperatives for a
strong centre with the need for state autonomy. It distributes powers, yet does not effe.ct a rigid
compartmentalisa-tion. Functionally, it is an inter-dependent arrangement. It is flexible enough to
keep pace with the movement of a complex, heterogeneous society through time and henceforth
the Sarkaria Commission has not suggested wholesale structural changes in the fundamental
fabric of the Constitution. The commission has rightly observed: "The rule of federal supremacy
is a technique to avoid absurdity, resolve conflicts and ensure harmony between the Union and
State Laws. This principle, therefore, is indispensable for the successful functioning of any
federal or quasi-federal constitution. It is indeed the kingpin of the federal system." 9 "Draw it out,
the entire system falls to pieces."10
REFERENCES
1. Sir Robert Garran's definition quoted in the Report of the Royal Commission on the Australian Constitution (1929).
2. M. V. Pylee, India's Constitution (Bombay, 1967), p. 299.
3. Sometimes, a controversy might arise between the State Legislature and the High Court of that State (as it did in early 1964
between the U.P. Legislative Assembly and the State High Court) and the Legislature might adopt a Bill adversely affecting the
jurisdiction and authority of the High Court.
4. Commission on Centre-State Relations Report, Part I (Government of India, 1988), p. 29.
5. Ibid., p. 31.
6. Ibid., p. 37.
7. Ibid., p. 51.
8. Ibid., p. 66.
9. Ibid., p. 28.
10. Bernard Schwartz, Taxt-book of Constitutional Law, 2nd edition, p. 51. Chapter 21
CENTRE-STATE ADMINISTRATIVE
RELATIONS
AN OVERVIEW
The fathers of the Indian Constitution accepted in the administrative relationship between the
Union and the States, the general principle laid down by the authors of the Act of 1935 that the
executive power is co-extensive with the legislative power. They extended the authority of the
Union Executive over all those matters on which Parliament was competent to legislate.
Similarly, the authority of the State Executive was extended to coincide with the legislative
competence of the state legislature. Both the Union and the States were to have their own
administrative staff with full control over them. "The administrative autonomy of the States," K.
Santhanam has stated, "is almost equal to the administrative autonomy of the Centre." But the
framers never intended to create two independent polities in India. Instead, they attempted to
provide for as much co-operation and collaboration between them as was possible. Instruments
for the Control of the Union Over the States
It is necessary to remember that while the States are autonomous the ultimate and residuary
responsibility for peace and safety of the whole of India is vested in the Government of India.
The Union has to exercise its executive authority in the States with regard to the subject in respect
of which Parliament alone has power to make laws. As the federal Government is responsible for
the Government of the country, there is a necessity for an effective administrative nexus between
the Union and its constituent units. Therefore, following provisions were included in the
Constitution.
1. According to Article 256, the executive power of every State is to be exercised in such a way
as to ensure compliance with the laws made by Parliament. Further, the Union executive is
empowered to give such directions to a State as may appear to the Government of India to be
necessary for the purpose. Not satisfied with the general power of the Union to give directions to
the states, the Constitution goes a step further and calls upon every State (under Article 257) not
to impede or prejudice the executive power of the Union in the State. If any Union agency finds it
difficult to function within a State, the Union executive is empowered to issue appropriate
directions to the State Government to remove all obstacles. The Union's powers of giving
directions in this regard includes certain specific matters such as: (a) the construction and
maintenance of means of communication which are of national or military importance, and (b)
the protection of railways within the States.
2. The Constitution also empowers the Union Executive, with the consent of the Government of a
State, to entrust to that Government or its officersCENTRE-STATE ADMINISTRATIVE RELATIONS : AN
OVERVIEW
241
functions which fall within the scope of the Union's executive functions. Further, Parliament
might confer powers and impose duties upon the State or officers and authorities thereof in
respect of a law which applied in that State and about the subject-matter of which the Legislature
of the State had no power to make laws. The Union Government will pay to the State the cost
involved in the discharge of such functions by the State or its officers. These Provisions
empowered the centre to make use of the state administrative machinery for the purpose of
enforcing the laws of Parliament.
3. The presence of All-India services like the Indian Administrative Service, the Indian Police
Service, etc., further makes the authority of the Central Government dominant over the States.
The members of these All-India Services are appointed by the President of India on the basis of a
competitive examination held by the Union Public Service Commission. The Constitution also
makes provision for the creation of new All-India Services by the Parliament. The Parliament can
create new All-India Services if the Rajya Sabha passes a resolution by a majority of two-thirds
of its members present and voting, that it is necessary in the national interest to do so.
4. Articles 352 to 360 contain the emergency provisions which empower the President in effect
to suspend the Constitution and to take over the administration of a State or States of the Indian
Union if he is satisfied that there is a threat to the security of the nation, or a breakdown in the
constitutional machinery of a State or States, or a financial emergency.
5. Then there are Governors who are appointed by the President on the recommendations of the
Central Government.
6. Apart from Articles 256 and 257, there are other provisions in the Constitution which give
authority to the Union to give directions to the States. Article 339(2) also expressly extends the
executive power of the Union to the giving of directions to a State as to the drawing up and
execution of schemes specified in the direction, to be essential for the welfare of the scheduled
tribes in the State. The President has also been empowered to give directions under Article 344
(6) in regard to official language of the Union, under Article 347 with regard to the language
spoken by a section of the population of a State under and under Article 350-Afor providing
adequate facilities for instructions in the mother tongue at the primary stage of education to
children belonging to linguistic minority groups.
7. If and when any State failed to comply with, or to give effect to, any direction given by the
Union under provisions of the Constitution, the President could, under Article 365, conclude that
a situation had arisen in which the Government of the State could not be carried on in accordance
with the provisions of the Constitution. Such a conclusion might lead to the invoking of Article
356 and the promulgation of President's rule in that State.
Inter-State Comity
The emphasis in the Constitution is on co-operation—administrative cooperation—and hence
provisions are made for it.
1. A provision that facilitates the smooth transaction of administrative business is embodied in
Article 261. According to this, full faith and credit shall be given to public acts, records and
judicial proceedings of the Union and the States in all parts of Indian territory. The manner in
which these acts and records will be proved and their effect determined will be provided by
Parliamentary enactments. Provision is also made, for the execution of final judgments i— j-
ii^vnri nv rvnssp.rl bv civil courts in any part of India.242
INDIAN GOVERNMENT AND POLITICS
2. The Constitution has an important provision embodied in Article 262 dealing with the waters
of inter-state rivers and river valleys. Aware of the unending inter-state disputes over this subject
in other federations, particularly the United States the Constitution-makers decided that the
powers to deal with this subject should be vested exclusively in Parliament. Thus, Parliament
may by law provide for the adjudication of any dispute or complaint with respect to the use,
distribution or control of the waters of any inter-state river or river valley.
3. To facilitate the smooth working of the administrative machinery of the country as a whole as
well as to ensure the better co-ordination of policy and action between the Union and the States or
between the States themselves, the constitution empowers the President to appoint an inter-state
council whenever the necessity is felt. The council is charged with the function to enquire into
and advise upon disputes which may have arisen between States; to investigate and discuss
subjects in which the States or the Union and the States have a common interest, to make
recommendations for the better co-ordination of policy and action with respect to these subjects.
4. The States Reorganization Act of 1956 grouped the States into five zonal councils. Although
they do not constitute a layer of Government between the Centre and the States. They are
advisory bodies; they "discuss and make recommendations to the Centre with regard to matters of
common interest in the field of economic and social planning, border disputes, linguistic
minorities, inter-state transport and any matter arising out of the reorganization of States. The
Central Minister for Home Affairs is Chairman of each Zonal Council, whose other members are
the chief Ministers and two other ministers of the member states.
Recommendations of the Commission on Centre-State Relations
In the evidence before the commission, most State Governments have appreciated the need for
the provisions contained in Articles 256 and 257. One State Government, however, has'suggested
deletion of these Articles, including Articles 365 and 356, on the ground that these provisions "by
precept and practice have the tyrannical potential to cause serious inroads into the functioning of
the States vested both the executive and legislative powers."
The demand for deletion or drastic amendment of these provisions, mainly rests on theoretical
premise that the provisions of Articles 256 and 257 are repugnant to the federal principle. The
argument is that, in a 'federal polity', there is no place for provisions which confer powers on the
union to give directions to the States. It is pointed out that there is no precedent for these Articles
in the Constitution of United States of America and Australia.
For understanding the significance and necessity of these provisions, it is important to remember
that there is no static, immutable format of a 'federal' constitution. Each country adapts and
moulds the federal idea to its peculiar conditions and needs. Our constitution-makers in their
wisdom chose to secure execution of many Union laws through the enforcement agencies of the
States. They had learnt from a study of the working of older federations, that the classical concept
of federalism in which the government powers are supposed to be divided into two watertight
divisions, was nowhere a functional reality. They were also conscious of the transformation of
'classical federalism into a dynamic process of co-operative action and shared responsibility
between the federal and state governments. They preferred this co-operative arrangement as it
was considered best suited to the social conditions, needs and aspirations of the Indian people. It
is more economical and effective than the one in whichCENTRE-STATE ADMINISTRATIVE RELATIONS :
AN OVERVIEW
243
the Union and the States have separate agencies for administration of their respective laws, often
working at cross-purposes rather than in co-operation with each other.
The essence of the rule embodied in Article 257(i) is that, in case of conflict, the valid exercise of
Union executive power must take priority over the valid exercise of State executive power.
Indeed, it is an 'executive' facts of the principle of Union supremacy.
The rational of the principle of Union supremacy in the executive field is that, in every
constitutional system having two levels of Government with demarcated jurisdictions, contests in
respect of npower are inevitable, even if each government is unmotivated by any desire to trespass
upon the competence of the other. Application of the rule of executive supremacy of the Union
resolves such conflicts and ensures harmony in the exercise of their respective powers by the two
governments.
The commission recommends that:
(i) In a two-tier system of government with a single judiciary, where the administration of Union
law is largely secured through the machinery of the States, differences are bound to arise between
the Union and States in regard to the manner of implementation of Union laws and the exercise of
union's executive powers, specially if they conflict with the exercise of the executive powers of
the State. Articles like 256 and 257 are essential to ensure harmonious exercise of the executive
power by the Union and by the States, in keeping with the principle of union supremacy.1
(ii) Before issuing directions to a State under Articles 256 and 257, the Union should explore the
possibilities of settling points of conflict by all other available means. A direction under these
provisions and application of the sanction under Article 365 in the event of its non-compliance, is
a measure of last resort. It is required to be administered with utmost caution after all other
available alternatives to resolve the deadlock or conflict had been tried and failed. 2
(iii) According to the Sarkaria Commission federalism is more a functional arrangement for co-
operative action, than a static institutional concept. Article 258 provides a tool, by the liberal use
of which, co-operative federalism can be substantially realised in the working of the system. The
commission, therefore, recommends a more extensive and generous use of this tool, than has
hitherto been made, for progessive decentralisation of powers to the Governments of the State
and/or their officers and authorities.3
Conclusions
The factual position is that the power to give directions under Articles 256 and 257 has never
been invoked and no proclamation has been made so far under Article 356 by the application of
Article 365. Normally, as hitherto, differences between the Union and the States, in this context,
would be sorted out by mutual consultation so as to maintain a healthy and constructive
relationship between them, without resorting to the issue of formal constitutional directions.
However, such provisions, to be used as a measure of last resort, are necessary to cope with
situations of irreconcilable differences.
REFERENCES
1. The commission on Centre-State Relations Report, Part I (Government of India, 1988), p. 106.
2. Ibid.,p. 107.

Chapter 22
CENTRE-STATE FINANCIAL
RELATIONS
AN OVERVIEW
In a federal system, two sets of governments operate simultaneously and directly upon the same
people. In order to obviate conflicts, there has to be clear-cut division of functions. It is further
necessary that each layer of Government has access to sufficient financial resources so that all
obligations are fulfilled. However, of all federal problems, the financial relations between the
Centre and the units are most difficult.1
The troubled history of federal finance in the older federations and squabbles and frequent
adjustments in relatively new federations amply prove the crucial position of federal finance. 2
The Scheme of Distribution of Sources of Revenue
Under the existing scheme of distribution the taxing powers of the Centre and the States have
been completely separated and unlike the other federations of the world there is non-concurrent
jurisdiction. By and large taxes that have an inter-state base are levied by the Centre and those
with a local base by the States.
The Union List contains twelve items of taxation and these taxes fall under five categories :
1. Taxes levied by the Union but collected and appropriated by the State, viz., stamp duties and
duties of excise on medicinal and toilet preparations, etc.
2. Taxes levied and collected by the centre but assigned to the State viz., succession and estate
duties, terminal taxes on passengers and goods carried by railway, sea or air, taxes on railway
fares and freight, etc.
3. Taxes levied and collected by the Centre and compulsorily distributed between the Union and
the States, viz., taxes on income other than agriculture.
4. Taxes levied and collected by the Centre and may be distributed between the Union and the
States, if Parliament by law so provides, viz., Union excise duties, excise on medical and toilet
preparations.
5. Taxes levied and collected and retained by the Centre, viz., customs, corporation tax,
surcharge on income-tax.
The State List contains 19 itmes, viz., land revenue, liquor and opium excise, stamps, agriculture
income, sales and purchase taxes, taxes on land and buildings, terminal taxes on passengers and
goods, taxes on consumption and sale of electricity, taxes on vehicles, animals and books,
amusements, betting and gambling profession, trade and callings, etc. Every State is entitled to
levy, collect and appropriate these taxes.CENTRE-STATE FINANCIAL RELATIONS : AN OVERVIEW
245
Grantf.-in-Aid
Provisions have also been made in the Constitution for giving assistance to states in the form of
grants and loans. Article 275 empowers Parliament to give financial assistance to the States in
need of such assistance. The grants so fixed are based upon the recommendations of the Finance
Commission. Article 282 empowers the Centre to make public purpose grants to the States and to
any institution within the States.
The Constitution, however, lays down that the cost of all the schemes aiming at the welfare of the
scheduled tribes is to be met by the Union Government and the Union Government makes the
necessary grants to the State concerned on this account. The Constitution also makes special
provision for grants to Assam to enable it to meet the extra cost involved in raising the
administrative level of the tribal areas. Moreover, the states of Assam, Bihar, Orissa and West
Bengal are paid such sums, as are prescribed by the President of India in lieu of their share in the
export duty on jute and jute products.
Borrowing Powers of the Union and the States
The framers of the Constitution, realizing that the Union and State Governments would not be
able to raise sufficient funds through taxation, made provisions to enable them to borrow on the
security of their consolidated funds. Article 292, which authorized the Union Government to do
so, placed no territorial limitations. While the States could also borrow upon the security of their
Consolidated Fund, Article 293 provided that they could do so only within the territory of India.
Exemption of Union property from State taxation
Article 285 exempted the property of the Union from all taxes imposed by a State or by any
authority within a State unless Parliament by law provided otherwise. The States were also
prohibited from imposing any tax on electricity consumed by the Government of India or
consumed in the construction, maintenance or operation of any railway by the Government of
India. Similarly, no law of a state in force immediately before the commencement of the
Constitution could impose a tax in respect of any water or electricity stored, generated,
consumed, distributed or sold by any authority established by Parliament for regulating or
developing any inter-state river or river valleys. This provision was made to promote the
establishment of inter-state multi-purpose river valley projects. On the basis of the principle of
reciprocal immunity, Article 289 exempted property and income of a State from Union taxation.
But this did not prevent the Union from imposing any tax in respect of a trade or business of any
kind carried on by or on behalf of the Government of a State.
Finance Commission
As the distribution of the financial resources has to be adjusted from time to time having regard to
the changing economic conditions and varying financial needs of the Union and the federating
units, provision is made for the appointment of a Finance Commission to discharge this function.
The President shall within two years from the commencement of the Constitution and thereafter
at the expiration of every fifth year or earlier as the President considers necessary, by order
constitute a Finance Commission which shall consist of a chairman and four other members to be
appointed by the President. It is the duty of the Commission to make recommendations to the
President as to (a) the distribution between the Union and the States of the net proceeds of taxes
which are
JJ___■ J _ J 1__J.,,,__„ 246
INDIAN GOVERNMENT AND POLITICS
between the States of the respective shares of such proceeds; (b) the principles which should
govern the grants-in-aid of the revenue of the States out of the Consolidated Fund of India; (c)
any other matter referred to the Commission by the President in the interests of sound finance.
The Commission shall determine their procedure and have such powers in the performance of
their functions as Parliament may by law confer on them. The President shall cause every
recommendation made by the Finance Commission together with an explanatory memorandum as
to the action taken thereon to be laid before each House of Parliament. Over the past 55 years,
twelve Finance Commissions have been appointed whose recommendations (except the Twelfth
Finance Commission) have been accepted and implemented. The Eleventh Finance Commission,
with Prof. A. M. Khusro as the Chairman, submitted its report to the President in July, 2000. The
Commission has recommended devolution of 28 per cent of the revenue from Central taxes to
States but has also put a ceiling on the overall Central tax and non-tax transfers at 37.5 per cent of
the gross receipts.
Financial Emergency
During the proclamation of financial emergency, the President can suspend the provisions
relating to the division of the taxes between the Union and the State and the grants-in-aid to the
States. During the financial emergency, "the executive authority of the Union shall extend to the
giving of directions to any State to observe such canons of financial propriety as may be specified
in the direction" or any other directions which the President may deem necessary for purpose.
Office of the Comptroller and Auditor-General of India
The Comptroller and Auditor-General, who is responsible for the maintenance of audit of Union
and State accounts is an official of the Central Government. He can direct the State Governments
to keep their records in a particular manner and these are duty bound to obey his instructions.
Major Issues
The Constitution has assigned wide responsibilities to the States like building up social and
industrial infrastructure, rural development, education, medical and public health facilities,
welfare of S.C. and S.T., etc. Besides, non-developmental activities also require quite substantial
expenditure on part of the States. On the other hand, resources available to the States are very few
and scanty necessitating large scale resource transfer from the Union, in the process-making
States heavily dependent on the Union.3
Over the years, it has been pleaded that State's finances must be strengthened by enlargement of
State's taxation powers. It has been felt that the States' resources are relatively inelastic and their
tax base is also narrow. The resultant dependance on Union for financial resources has resulted in
progressive erosion of the jurisdiction, authority and initiative of the States in their own
constitutionally defined spheres.
The broad issues encompassing the entire spectrum of Union-State financial relations may be
specified as : enlargement of States' own resources, enlargement of the divisible pool, pattern of
devolution, role of the Finance Commission, specific problems and institutions and States'
indebtedness, market borrowings and sharing of capital resources. With a view to discuss each
issue thread-bare, we will first deal with the main contention of the States, recommendations of
the Sarkaria Commission in this regard and finally undertake an evaluation of these
recommendations.CENTRE-STATE FINANCIAL RELATIONS : AN OVERVIEW
247
View-point of the States
Mainly three broad groups of suggestions have been put forth by the States to enlarge States'
power of taxation, stamp duties and duties of excise on medicinal and toilet preparations levied
by the Union and collected as well as appropriated by the States should be transferred to State
List. These goods do not form part of inter-state trade to a large extent. When a tax is
administered and collected by the same authority which has the power to appropriate it, general
efficiency in taxing is highest.
There are eight entries in Article 269, important being Estate Duty and Succession Duties on non-
agricultural property, terminal taxes on goods and services carried by rail, sea or air, taxes on sale
or purchase of newspapers and advertisements therein, etc., which are levied and collected by the
Union but assigned to the States. It has been felt by the States that given the freedom, they will be
able to garner more resources by levying these taxes. Tax on lotteries, banking, excise duties on
items like sugar, molasses and khandsari are some other items which have been suggested by the
States for inclusion in the realm of State's taxation. Besides, the proposal to levy agricultural
income-tax by the Union and revenue being assigned to the States has not been welcomed
because of the unhappy experience of the scheme of Additional Excise Duties in lieu of Sales-tax.
The States in general have also put forth suggestions pertaining to enlargement of the divisible
pool so that more resources may be earmarked for the States. It has been suggested that the States
may be given a share out of the total tax revenues of the Union on the ground that so long as the
total quantum of transfers remains the same, it is immaterial whether the share comes out of
specified taxes or out of the total tax receipts. This will enlarge the base and insulate the States to
a greater extent from the effects of fluctuations of individual shareable taxes and would thus be
given a more predictable and assured share. In order to get over the disincentive on part of the
Union Government in raising revenues from income-tax and Union Excise and absolving the
Union of the criticism of manipulating resources out of the divisible pool, it would be
advantageous to make the entire receipts of the Union divisible.
It has also been suggested that percentage share of the States should be built into the Constitution
and the Finance Commission then need concern itself only with the division of such resources
among the States. The States have demanded inclusion of corporation income-tax in the divisible
pool, as was the case before 1959. The States have also been raising the issue of bringing the
surcharge on income-tax in the divisible pool. The experience of raising administered prices of
items like petroleum, steel, cement, etc., by the Union has deprived the States of a fair amount of
financial resources. Therefore, the net increase in receipts on account of raised prices must be
shared with the States. It has been further suggested that such sharing should be applicable only
in case where the Central Public Sector enterprises are making profits.
The States have criticised the schemes of special bearer bonds and compulsory deposits as a
measure to circumvent increases in income-tax or as directly resulting from the inability of the
Union Government to administer the same efficiently. Hence, States demand that the receipts of
these two measures should also be shared with them as they have the same tax base as the
mandatorily sharable income-tax. Besides, as they represent savings, they
i-i-- -"-I-- o----11 C,,; 248
INDIAN GOVERNMENT AND POLITICS
The pattern of resource devolution has been a complex issue as far as the States are concerned.
The federal transfers are effected through Finance Commission, Planning Commission and the
Ministry of Finance. It has been maintained that only statutory transfers, i.e., through the Finance
Commission, were envisaged by the Constitution, whereas, rest of the transfers under Article 282
were intended to be a sort of residuary. Over the years, discretionary transfers have contained
statutory transfers, thereby, distorting the Constitutional scheme. Inter-State equity in transfers
has also been to some extent, violated and backward States have demanded use of such formulae
which would place more resources at their disposal.4
The role of Finance Commission in resource transfers has been the crucial issue in Indian federal
financial relations. It has been suggested that the functions of the Finance Commission be
enlarged to cover Plan and other transfers and/qr undertake comprehensive annual/periodical
reviews of the financial performance of the Union and the State Government. The co-ordination
between the Finance Commission and the Planning Commission should be improved.
Suggestions have also been given to make the Finance Commission a permanent or standing
body. A well-equipped secretariat has also been suggested for the Finance Commission to carry
out studies and maintain operational continuity.
It has been suggested by the States that they should have representatives on the Finance
Commission. It is their apprehension that the States' case may go by default unless they are
represented on the Finance Commission. Some of the less developed and middle income group
States have argued that 'gap-filling approach' by the Finance Commission has led to the
phenomenon of huge surpluses with some of the more developed States after devolution and
slender or zero surpluses with others.
There have been three instances when the recommendations of the Finance Commission were not
accepted. The States strongly protested against such attitude because besides, causing serious
hardship to several States as their expectations for higher devolutions were belied, this also
adversely affected the prestige of the Finance Commission. In the context of consignment tax, the
States have resented non-implementation of the intent of Constitutional amendment even after the
elapse of five years.
The States, over the years have also complained against the levying of additional excise duties in
lieu of sales-tax on textiles, sugar and tobacco since 1956. It has been maintained that the receipts
from additional excise duties were much lower than what they would have got if they had
imposed sales-tax on them.
The State Governments have raised quite a valid point that periodical upward revisions of pay,
dearness allowance, terminal benefits, etc., of the Central Government employees put pressure on
States to revise the allowances of their own employees. With limited resources, States,
particularly the less developed, find it very difficult to keep the pace of development.
Some States have alleged payment of inadequate royalty on minerals, petroleum, etc., extracted
from their territories. These rates are fixed every four years on the basis of a specific amount per
tonne. States want more frequent rate revisions on ad valorem basis to neutralise price increases.
Regarding relief for natural calamities, the States have suggested that these should be treated as
national obligation. Relief grants must be givenCENTRE-STATE FINANCIAL RELATIONS : AN OVERVIEW
249
expeditiously and should preferably be outside the plan. In a Welfare State, it is necessary that the
standard of administration must be upgraded continuously so as to cope with the pressure of
development and welfare. For this purpose, grants are disbursed by the Union. However, the
States feel that the Central Level Inter-Ministerial Empowered Committee had been laying down
conditions which were difficult for the States to follow for upgradation of standard of
administration.
Several State Governments have felt that the present arrangements for the allocation of
community's savings are unsatisfactory. It is complained that the Union Government has been
appropriating for itself a lion's share of the capital resources. On the other hand, mounting-
burden of debt servicing has led to serious erosion in resources for development. The States want
Plan transfers to have larger grant component that the 30 per cent now prevailing. A claim of
access to larger market loans has also been put forth by the States. In fact, States' share in market
borrowings has come down drastically over the years. With regard to small savings collections,
the States have demanded that their share in the additional small savings collection should be
increased from the present two-thirds share, and that such loans should be treated as loans in
perpetuity.
Many State Governments feel uneasy about the problem of overdrafts and attribute it to basic
imbalance in the resource allocation. The overdrafts accrue as a result of unforeseen expenditure
on natural calamities, payment of D.A. instalment, delays in the release of instalments of
assistance for centrally sponsored schemes, etc. The States have suggested that Ways and Means
Limits need to be determined rationally, in relation to the scale of States' budgetary operations
and their seasonal variations. The State Governments have also complained of inadequacy of their
resources in relation to their responsibilities as the fundamental structural problem which often
compels them to resort to overdrafts.
We have briefly discussed the view-point of States with regard to transfer of resources from the
centre. In the context of States' position as recipients of transfers, demand for more funds is quite
obvious. In a nutshell we can summarise the demand of States as transfer of more tax heads,
enlargement of divisible pool, modifications in the working of Finance Commissions and other
related matters.
Recommendations of the Sarkaria Commission
The Commission on Centre-State Relations (The Sarkaria Commission) has critically examined
the views of the States and made following recommendations :
1. Under the present circumstances, duties on all the items covered by Article 268 do not appear
to be a buoyant source of revenue amendable to frequent revisions. Since basic circumstances do
not always remain constant, the Union Government should, in consultation with the State
Governments, periodically consider and explore the revision or imposition of these duties. The
revenue raised from these duties should be separately specified in the budget and other relevant
publications.5
2. The monetary limit of Rs. 250 per annum fixed 37 years ago on taxes that can be levied on
professions, trades, callings and employments (Entry 60 of List II) should be, in consultation with
the States, revised upwards immedi-250
INDIAN GOVERNMENT AND POLITICS
3. Taxation of agricultural income is a sensitive matter. Both the Union and the State
Governments are not inclined at present for a change in the Constitutional provision in regard to
Entry 46 of List II. Nonetheless, in view of its potential, the question of raising resources from
the source by forging political consensus and the modalities of levying the tax and collection of
proceeds, etc., would require an indepth and comprehensive consideration in the NEDC. 7
4. By an appropriate amendment of the Constitution, the net proceeds of Corporation Tax may be
made permissibly shareable with the States, if and as Parliament may by law so provide. This
would have the advantage of enlarging the base of devolution so that in the revenues of the States
there would be greater stability and predictability in future. Further, being an elastic resource, the
States would benefit from its growth.
Consequent on inclusion of Corporation Tax in the divisible pool, adjustments will have to be
carried out by suitably bringing down the shares of States in Income-tax and Union Excise
Duties.
5. The Surcharge on Income-tax should not be levied by the Union Government except for a
specific purpose and for a strictly limited period.9
6. Substantial expenditure is incurred by both the Union and the State Governments on schemes
which have come to be known as populist measures. It will be in the best interests of the
concerned Governments to take explicitly into account the high opportunity cost of such schemes
and to examine whether any important programme of development are compromised due to such
diversion of scarce resources.10
7. It is necessary that a comprehensive paper on direct, indirect and cross-subsidies, covering
both Union and State Governments, is prepared by the Planning Commission every year and
brought up before NEDC for discussion, since the increasing burden of subsidies has a direct
relevance to the availability of resources for the execution of the Plan. 11
8. The present division of labour which has developed over the years between the Finance
Commission and the Planning Commission is that the former advises on the non-plan revenue
requirements and non-plan capital gap. In certain sectors, where the problem is clear and the
numbers are reasonably sure, the Finance Commission has recommended capital resource
devolution also only to a limited extent. The present division of responsibilities between the two
bodies, which has come to be evolved with mutual understanding of their comparative advantage
in dealing with various matters in their respective spheres, may continue.
9. The Finance Commission Cell Division proposed to be located in the Planning Commission,
should continuously monitor the behaviour of States' finances. It should also estimate annually
the deviations from the norms evolved by the Finance Commission. The Planning Commission
would then be able to bring before the NEDC annual reviews indicating, among other things, the
deviations from the forecast of Finance Commission and the reasons for the same. This would
afford an opportunity to the NEDC to monitor effectively and evolve consensus on the
mobilisation of resources and contain the non-developmental expenditure.13
10. The Finance Commission Division should, in co-operation with the States, organise
comprehensive studies on trends in growth of public expenditure in the States in the light of
findings of the previous Fpance Commission.CENTRE-STATE FINANCIAL RELATIONS : AN OVERVIEW
251
The studies conducted by the Finance Commission Division should be available well in time for the use of
the next Finance Commission.14
11. There is need to further strengthen the Finance Commission Division. It would result in much closer
coordination between the Planning Commission and the Finance Commission if this Division were to work
under the general supervision of the Member incharge of financial resources in the Planning Commission.
Such an arrangement will also make available to the Planning Commission data and analysis on various
parameters relevant for resource discussions for the plan and reviewing of the finances of the Union and the
States.15
12. Finance Commissions should draw experts for assisting them in their work from various parts of the
country. It would be advantageous if suitable experts are drawn from the States also for staffing the
Secretariat of the Finance Commission.16
13. Consideration of adequate flow of funds to the backward regions in the States would necessitate
creation of expert bodies, like the Finance Commission, at State level also. Without such an organisation at
the State level to effect regional distribution, skewness will persist in large pockets even in advanced states.
State Planning and Finance Boards may be set up at State level to take an objective view of resources to be
devolved to the districts.17 ',■ ■
14. There are complaints that the yield from certain cesses levied alongwith Union Excise Duties under
Special Acts of Parliament have remained outside the divisible pool of resources. While it may become
necessary for the Union Government to levy such cesses in view of special needs, their application should
be for limited duration and for specific purposes only.
15. The scope for raising additional resources to any considerable extent on items covered by Article 269
appears to be limited. An Expert Committee should be constituted to enquire into and review from time to
time, in consultation with the State, the operational feasibility of the scope for levying taxes and duties
including in Article 269 and the complementary measures the State Governments would be required to
take.
16. The Constitution should be suitably amended to add the subject of taxation of advertisement, broadcast
by radio or television to the present Entry 92 list I and Article 269(l)(f).20
17. The Union Government should signify its acceptance of the Finance Commission's recommendation in
regard to the grant in lieu of the Railway Passenger Fare Tax also, alongwith other items, while placing the
Explanatory Memorandum before Parliament.
18. The Finance Commission takes into account the expenditure liability of the States with respect to
dearness allowance, etc., and make a provision for the same. But inflation increases both outlays and
revenues. The permanent secretariat of the Finance Commission should make an annual review of the
situation. If, in any year, the net burden of the States seems unduly heavy, the Planning Commission and
the Union Ministry of Finance should jointly evolve appropriate relief measures. 22
19. The review of royalty rates on minerals, petroleum and natural gas should be made every two years and
well in time, as and when they fall due.23
20. The distinction made by the Seventh and Eighth Finance Commission in providing a more favourable
flow of Central assistance for floods, cyclones,252
INDIAN GOVERNMENT AND POLITICS
21. The Central Team to assess the damage caused by natural calamities should invariably be
headed by the Advisor incharge of that State in the Planning Commission, as was the practice in
the part.
In the event of a natural calamity, relief must be given immediately. A procedure which enables
States to expeditiously provide necessary succour and relief to the affected people should be
evolved in consultation with the States, alongwith suitable norms in regard to the scale of relief.
Formulation of standard formats for submission of memoranda by the States will greatly help the
Union in dealing with requests of various states urgently and on a uniform basis.25
22. In a calamitous situation, the States should have a reasonable discretion to make inter-district
or inter-sectoral adjustments. To allay the apprehension that the expenditure pattern adopted
under the stress of urgency may not find approval norms in regard to items of expenditure which
are to be incurred immediately, e-.g., relief by way of issue of foodgrains, clothing and re-
building of shelters in the event of floods, may be evolved by the Union and communicated to all
State Governments.
Relief assistance should extend beyond the financial year. The assistance required till the next
June/July should be decided in the beginning itself so that relief works can be properly planned
and executed.26
23. The rationality of transfers from the Union to the States would involve more of revenue
transfers to the less developed States with lower repayment capacity and weak financial base. In
contrast, keeping in view the needs of development in the advanced States, a suitable mix of
budgetary and non-budgetary access to capital resources may be allowed to them. The logic is
that such States are in a better position to service commercial borrowings. 27
24. The flow of capital fund from various sources to the States and their allocation among them
should form part of an integrated plan. This task may be attended to by the Planning Commission
in consultation with the Ministry of Finance and the Reserve Bank of India and got approved by
the NEDC as part of plan financing. l
25. The Union Government should give its consent freely to States for borrowing from banks and
financial institutions for periods less than one year under Clause (4) of Article 293.
The Union Government has now allowed the States' public sector units to raise funds 'on merit' by
floating bonds. In practice, the considerations relating to 'merit' of a states' enterprise should not
put them to any disadvantage vis-a-vis the Union Government's undertakings.
The system of tax-free municipal bonds should be introduced in this country."'
26. Treatment of small savings loan is a matter of judgment by the Finance Commission in
relation to the overall debt burden of the States. As long as small savings keep increasing and
there is a surplus every year after repayment of due loans, the Union is not called upon to repay
any loan not already covered by the net transfer principle. If and when the position changes in any
year, when the outgo is greater than the inflow, the States would be responsible for their share of
the net small savings collections. If a formulae is adopted for such recoupment of revenue from
the States, the recommendations of the Finance Commission will be workable. This aspect will
have to be examined by the NEDC.30CENTRE-STATE FINANCIAL RELATIONS : AN OVERVIEW
253
27. No change in the existing procedure of channeling external aid for projects is suggested.
However, much misunderstanding would be avoided if at the time of consideration of the Five
Year Plan, all relevant factors taken into consideration in this regard are placed before the NEDC.
28. The seasonal range of weekly Ways and Means 'demand' compared to the prescribed limits
should be carefully studied every year for the preceding triennium in the light of price-trends,
separately for each State, by the Reserve Bank and taken into account in re-fixing quarterly Ways
and Means limits for the State. The period of overdraft should be extended from 7 to 14 days in
view of the prevailing time lag in collecting relevant information from various Treasures.
Simultaneously, steps should be taken to modernise the treasury system.' 31
29. The following two proposals may be considered by the Union Government :
(a) Free foreign exchange to the extent of a small fraction of a State's annual budget should be
placed at its disposal. This will introduce flexibility which will help reduce much of the present
irritation.
(b) In each State capital and in the headquarters of remote but important districts of the bigger
States, a designated officer of the State Bank of India (or some other nationalized bank) should be
given powers of Deputy Controller of Foreign Exchange of the Reserve Bank of India, in case an
office of the Reserve Bank itself is not located there. This will go a long way to help the local
public, especially small and medium businessmen.33
30. It will be useful if the Union Government appoints an Expert Team to look into the special
difficulties of the people in remote states and districts in matters like the issue of shares, bonds,
licences, permits, etc., for which they have now to come to New Delhi, and suggest measures for
delegating the powers to some officer or agency under its control at the headquarters of each State
and remote but important districts of the bigger States. 4
Conclusions
The recommendations of the Sarkaria Commission with respect to financial relations between the
Union and the States constitute the most important part of all the recommendations. The federal
structure in our country, to begin with, was heavily weighted in favour of the Centre. Over the
years, the series of constitutional amendments and various legislative measures taken 'in the
public interest' by the Central Government tilted the balance further against the States. 35 With
more regional parties being voted to power in the States, the federal superstructure of our country
will be put to test more frequently. Seen in the backdrop, the recommendations of the Sarkaria
Commission assumes an important place so as to evolve a prudent policy mix in the area of
federal financial relationships.
The Commission has taken favourable view on the demand of the States to have more financial
resources at their disposal. Inclusion of Corporation Tax in the divisible pool will go a long way
to ease the resource problem of the States. At the same time, the suggestion to periodically review
and explore the revision or imposition of duties covered by Article 268 will also make available
more resources to the States.
The Expert Committee with representation from the States, as suggested 254
INDIAN GOVERNMENT AND POLITICS
the tax structure and federal financial relations in consonance with changing circumstances. In
fact, this Committee is only a part of the entire institutional changes suggested by the Sarkaria
Commission. A Standing Finance Committee of the NEDC has also been recommended. Besides,
in order to maintain close liaison between Finance Commission and the Planning Commission, it
has been suggested that Finance Commission Cell/Division may be located in the Planning
Commission. So this cell will continuously monitor the behaviour of States' finances. Thus, it will
be possible to keep track of deviations from the forecast and suggest corrective measures.
Effective measures for decentralisation have also been suggested by the Commission on Centre-
State Relations. The State Level Finance Commission to suggest district/region-wise allocation of
financial resources within a State will help bring about balanced regional development.
In order to maintain the sanctity of Finance Commission, it has been suggested that the Union
Government should not, as far as possible, deviate from the recommendations of a Finance
Commission. If such departure is essential, the compelling circumstances must be made clear.
Easy flow of relief in the wake of natural calamities has also been suggested.
Taking an overall view, we can say that the Sarkaria Commission has recommended an
appropriate federal-financial structure encompassing diverse factors like more resource
devolution for the States, maintaining strict financial discipline on part of the Union and the
States, creation of new institutions to suit the changing circumstances. All these will provide a
sound base for Finance Commissions to commence these works, as well as any impending
controversy between the Union and the States, will have to be solved in the light of the work
carried out by the Sarkaria Commission.
The standing committee of the Inter-State council held five meetings in the year 1997 and
deliberated in detail on the Centre-State Financial relations, especially the devolution of financial
powers from Central Government to State Governments. After great deal of deliberation, the
Alternative Scheme of Devolution of Share in Central Taxes to States, as recommended by the
Tenth Finance Commission, was agreed to by the Standing Committee in its fourth meeting. The
committee also discussed 44 recommendations on Centre-State Financial Relations Contained in
Chapter X of the Sarkaria Commission Report. In respect of 29 of these recommendations, the
Standing Committee finalised its views.36
Based on the recommendations of the Tenth Finance Commission, an alternative scheme for
sharing taxes between the Union and the States has been enacted by the Constitutional (Eightieth
Amendment) Act, 2000. Under the new scheme of devolution of revenue between Union and the
States, 26 per cent out of gross proceeds of Union taxes and duties is to be assigned to the States
in lieu of their existing share in the income-tax, excise duties, special excise duties and grants in
lieu of tax on railway passenger fares.37
One of the important recommendations made by the Inter-state Council in the seventh meeting
held on November 16, 2001 is :
38
"All residuary powers of legislation including those of taxation matters may be transferred from
the Union List to the Concurrent List in the Seventh Schedule of the Constitution." CENTRE-STATE
FINANCIAL RELATIONS : AN OVERVIEW
255
l.
2.
3.
4.
5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35.
36.
37. 38.
REFERENCES
K. Santhanam, "Union-State Relations in India" (Asia Publishing House, 1963), p. 29.
R.L. Watts, "New Federations—Experiments in the Commonwealth" (Oxford Clarendon
Press, 1966), p. 192.
P.K. Jha. "Fiscal Autonomy of States in Indian Federation", Southern Economist, May 1,
1976.
B.C. Mehta and R.K. Menaria, "State Tax Efforts and Federal Transfers", Rajasthan
Economic Journal, January, 1980.
Report of the Commission on Centre-State Relations, Part I, p. 264.
Ibid., Ibid., Ibid,, Ibid., Ibid., Ibid., Ibid., Ibid., Ibid., Ibid., Ibid., Ibid., Ibid,, Ibid., Ibid., Ibid,, Ibid,, Ibid., Ibid, Ibid,
Ibid. Ibid, Ibid.
p. 269. p. 271. p. 274. p. 275. p. 281. p. 281. p. 284. p. 285. p. 285. p. 286. p. 286-87. p. 289. p. 294. p. 295. p. 295. p.
296. p. 296. p. 297. p. 301. p. 301. pp. 301-02. p. 309. p. 309.
Ibid,, p. 310.'
Ibid.,?. 310.
Ibid., p. 312.
Ibid., pp. 313-14.
Ibid., p. 314.
Ibid,, p. 314.
K.K. George and 1. S. Gulati, "Central Inroads into State Subjects," Economic and Political
Weekly, August 6, 1985, p. 601.
Annual Report 1997-98, Government of India, Ministry of Home Affairs, Department of
Internal Security Stats and Home (New Delhi), p. 45.
India, 2003, p. 888.
Annual Report, 2001-02, Government of India, Ministry of Home Affairs, p. 65. Chapter 23
POLITICS OF PLANNING
VIS-A-VIS
STATE AUTONOMY
Since 1950-51, India has been engaged in the world's largest and most comprehensive experiment
in democratic planning. Planning on such a gigantic scale is obviously more than an economic
process. It is a total national effort and commitment, which includes political leaders at all levels,
the administration, and the people of the country, as well as those specifically entrusted with the
tasks of economic planning and development. The broader problems of economic development,
as Professor A.H. Hanson remarks: "Are the economic problems which, for their solution demand
social changes triggered off by political action. In this sense, planning is a total process."
One does not have to be a believer in the primacy of politics over economics to subscribe to the
view that the political aspects of planning are of very special significance. "All planning," Gunnar
Myrdal has observed, "implies political choices....A plan for development is thus in essence a
political program me.... PI an making....is itself a part of the political process in a country."
Large-scale planning involves the top policy-makers of a country, as well as an extensive central
planning apparatus. Indeed, as Edward S. Mason has noted, "Planning implies centralized
planning." Planning has to be carried on within the framework of the political system, and it has
to rely for implementation on state and local leaders and administrators and ultimately on the co-
operation of the people.
PLANNING AND FEDERALISM IN INDIA
The Constitution of India makes provision for a division of powers between the Centre and the
States. The Seventh Schedule to the Constitution contains three lists, viz., the Union List
consisting of 97 subjects, the State List consisting of 66 subjects and the Concurrent List
consisting of 47 subjects. With regard to the last list both the governments have the power to
make laws. But if there is any inconsistency between a law made by Parliament and a law made
by any state legislature, the former will hold good and the latter would be considered void to the
extent of its inconsistency with the law of Parliament.
The Concurrent List includes social and economic planning which means that it is a concern of
both the governments. But such subjects as public health, education, roads, agriculture, animal
husbandary, irrigation, land policy, forests and fisheries are found in the State List. These are
obviously very important in any plan of development. Actually, one writer remarked as early as
1939 thus, "Education, public health, agriculture and industries are primarily provincial subjects,
but, if these important nation-building agencies are toPOLITICS OF PLANNING VIS-A-VIS STATE
AUTONOMY
257
produce the greatest possible benefits in service to the public, suitable policies must be
formulated in many respects on a more or less, All-India basis."4 The fact that these subjects are
in the State List means that the primary responsibility for their proper administration lies with the
States. It also means that in order to be properly performed this work should be undertaken by the
administrative machinery of States.
The Five Year Plans of the Government of India seem to ignore this division of powers and start
with the assumption that apart from any legal considerations, the Centre is as much concerned
with the administration of subjects in the State List as the State Governments themselves in order
to assure planned progress in all directions. The First Five Year Plan stated: "It is obvious that
without complete coordination of policies and timely concerted action, there is danger of waste
and misdirection of effort, which may have consequences extending far beyond the area of
responsibility of any single authority, and this, it must be recognized place special responsibilities
on the Centre." This view disregards the federal nature of the Constitution. Actually, about 70 per
cent of the total expenses of planning in the First Plan and 65 per cent in the Second Plan
pertained to matters which are in the State List. While accepting this position Tarlok Singh points
out : "National Planning, while proceeding to a large extent through consultation, yet widens the
distinction between central and state responsibilities."5 The reasons given by him for this are : (i)
planning determines the directions in whicja the central as well as state resources are to be used;
(ii) in joining with the States to prepare a national plan the Centre ascepts some obligation for its
implementation; (iii) the Centre inspires the States with new ideas and impulses for national
development programme.
In India, planning has been introduced at the executive level and has no legal basis. K. Santhanam
rightly points out "that planning for purpose of economic development practically superseded the
federal constitution so far as States were concerned but this supersession was not legal or
constitutional but was by agreement and consent."6
PLANNING COMMISSION
The central agency of planning in India is the Planning Commission. Established early in 1950 by
a resolution of the Central Government which described its functions as follows:
(i) formulation of the five year plans for the most effective and balanced utilization of the
country's resources;
(ii) working out of priorities in the plan; (iii) assessment for national resources and devising
ways and means of
augmenting them; (iv) the determination of the best machinery to secure the successful
implementation of the plan; and (v) periodic evaluation of the progress of the plan with a view to
suggesting
adjustments, if necessary.
Since its inception, the Prime Minister has been the Chairman of the Planning Commission. This
has added considerably to the prestige of the Commission and has helped it a great deal in co-
ordinating its functions. Until its reorganisation in 1967 the Deputy Chairman was usually a
minister; sometimes the post was combined with that of a Minister of Planning. The number of
full time members has varied from three to nine. Although it started out with a mainly non-
official membership, it soon had at least three ministerial as the Prime Minister. Other
Ministers have from time to time also been members. The Planning Commission was
reconstituted by the Janata Government in May 1977. Besides Prime Minister three other
Ministers were also made its member. These were the Finance, Home and Defence
Ministers. These were all part-time members. The number of full-time members has
normally varied between 3 and 9. They are experts in economics and agricultural
administration. The Deputy Chairman enjoys the status of a Cabinet Minister while other
members have the rank of the Minister of State. The technical hierarchy is manned by
experts, such as economists, engineers, statisticians, etc., though some of the advisers
may be drawn from a generalist administrative service like the I.A.S. also. The staff of
the Commission headed by a Secretary, increased from fewer than 300 in 1952-53 to
nearly 1,451 by 1997. Organisationally, the Commission, located in an impressive
building—Yojana Bhavan— in New Delhi,- became a labyrinthian structure, with many
divisions and associated agencies. The various divisions in the commission fall under
two categories : (a) General divisions which are concerned with aspects of the entire
economy; and (b) subject divisions which are concerned with specified fields of
development. In 1997 there are 12 General divisions and 19 Subject divisions in the
commission. It has also advisers on programme administration in the States, who helped
in the evaluation of the progress of the plans and in making recommendations for more
effective implementation. The programme advisers are fairly senior officer, usually of the
rank of Additional Secretary and their essential functions are to act as links between the
Planning Commission and the States. All the 28 States are divided among them, and each
programme adviser is incharge of a number of States. His role is to assess the implemen-
tation of development programmes in the States and advise the planning commission on
the proposals coming from the States for their five-year plans and annual plan.
The Planning Commission is neither a constitutional body nor even a statutory one. It
owes its existence to an executive order of the Central Government. Its influence on the
determinations of the Central Government as well as on Union-State relationship has,
however, steadily grown and it now wields decisive influence on both the Centre and the
States.
THE NATIONAL DEVELOPMENT COUNCIL
In 1952, the National Development Council (NDC) was established by a resolution of the
Cabinet. Its formation was recommended in the First Five Year Plan (draft outline) which
observed, "In a country of the size of India where the States have under the Constitution
full autonomy within their own sphere of duties, it is necessary to have a forum such as
National Development Council at which, from time to time, the Prime Minister of India
and the Chief Minister of States can review the working of the plan and of its various
aspects."8 Even earlier, the Advisory Planning Board, set up in 1946, by the Interim
Government, under the Chairmanship of K.C. Neogi, had pointed out the desirability of
such a consultative body representing the provinces, the princely states and some other
interests to advise the Planning Commission. Principally, therefore, the National
Development Council has come into being with the object of ensuring 'uniformity of
approach and unanimity in its working.'9
The National Development Council is composed of the Prime Minister, the Chief
Ministers of all the States, and the members of the Planning Commission. The Central
Ministers, are also invited to participate in the discussion on subjects pertaining to whose
Ministries figure on the agenda of a meeting. Till 1956, therefore the membership of the
NDC numbered about 50, the numberPOLITICS OF PLANNING VIS-A-VIS STATE AUTONOMY
259
of parts A, B, C and D states alone being 29. This size greatly reduced the utility of this body as a
forum for effective discussion. As a result in 1954, the Council set up a smaller standing
committee, comprising the Chairman and members of the Planning Commission, and the Chief
Ministers of nine states. With the reduction in the number of states consequent upon the
reorganisation of the States in 1956, the membership of the NDC stood at about 30. The
originally constituted standing committee continued to function till 1957, when the NDC enlarged
its membership by making its comprise the Chairman and members of the Planning Commission
and the Chief Ministers of all the States. This committee meets in between the meetings of the
NDC to review the policies underlying the plan and its progress.
The main functions of the NDC are to supervise the work of national planning, to recommend
measures for the achievement of plan targets, and to consider important questions of social and
economic policy affecting national development.10
The National Development Council is consulted in the formulation of plan. After the Planning
Commission prepares a rough draft in consultation with the Central ministries and the State
governments in the background of the perspective plan and after it has been approved by the
Central Cabinet it is placed before the National Development Council which represents the
principle of co-operative federalism.
On the basis of the recommendations of the Council the schemes and projects are suitably
modified and sent to the Union Ministries and State Governments as preliminary instructions.
After they submit their plans to the Commission, the latter starts the work of the integrating them
into one general and comprehensive plan for the whole country. Thus, emerges a draft plan. After
this there are long discussions between the Planning Commission and the representatives of
Union Ministries and State Governments of fixing the size and nature of the Central and State
plans. These tentative conclusions are placed before the Union Cabinet and after its approval are
considered by the National Development Council whose recommendations are taken into con-
sideration by the Planning Commission when it gives a final shape and form to the plan which
after its approval by Parliament becomes the official plan and is published.
The functioning of the NDC since its inception in 1952 reveals that there is hardly any matter of
importance which it is not competent to discuss. Its preoccupations are many and varied, and a
perusal of its original terms of reference fails to provide a total picture of its actual functioning.
Its terms of reference expect "to review the working of the National Plan from time to time." In
practice, the Council makes recommendations pertaining to the overall size and structure of the
plan. The plan, in draft, is placed before it for its general approval. Also, the Council periodically
meets to undertake review of the plan, thus, securing its co-ordinated implementation. In addition,
it concerns itself with important questions of social and economic policy affecting national
development. It has laid stress on balanced development in different parts of the country.
IMPACT OF PLANNING ON UNION-STATE RELATIONS
While there was widespread agreement that the Planning Commission functioned in an
impressive way, it was criticised for exceeding its functions and for failure to enlist the co-
operation of local governmental units and officials and of the people generally. K.M. Munshi a
veteran political leader stated flatly260
-„ „„ iv-opuiiniumty to Jr"arlia-
.iit;iiL. i\eany a decade later, in 1967, the Administrative Reforms Commission
reported: "Unfortunately over the past seventeen years, the Planning Commission has, in
some measure earned the reputation of being a parallel cabinet and sometimes a super
cabinet."12 The undefined position of the Planning Commission and its wide terms of
reference to its growth as "the Economic Cabinet not merely for the Union but also for
the States."13 With regard to the utility of the Planning Commission, Jawaharlal Nehru
remarked in the Lok Sabha in Decemeber 1963 that the Planning Commission "has
performed an essential task; without it we could not have progressed....We are a federal
structure and it has served to bring the various states together and have an integrated
planning. If it had not been there, the Central Government could not have done their job
because immediately difficulties would have arisen that the Central Government was
encroaching on the rights of the States."14
The National Development Council has been also described as a 'Super Cabinet'.15 H.M.
Patel, Ex-Finance Secretary and Ex-Finance Minister of the Government of India,
remarks: "The NDC is a body obviously superior to the Planning Commission. It is,
indeed, a policy-making body and its recommendations cannot but be regarded as policy
decisions and not merely as advisory suggestions."16 Machael Brecher, the political
biographer of late Pandit Nehru, is of the view that "it lays down policy directives
invariably approved by the Cabinet. Since their inception the N.D.C. and its Standing
Committee have virtually relegated the Planning Commission to the status of a research
arm."17 However, the fears of its critics are exaggerated. It is a staff agency like the
Planning Commission and its recommendations have no binding force. In practice, it has,
no doubt, become a very important body and its decisions are generally accepted. But this
is due to its composition and influential membership. It is some kind of summit
conference between the chief executives of the States and the Centre. Tarlok Singh calls
it "the highest national forum for planning" which "has in practice embodied and given
informal sanction to the underlying concept of partnership and co-operation between the
Centre and the States over the whole range of development,"18 and "which brings State
governments into an organic relationship with the organisation of planning at the
national level." V.T. Krishnamachari also commends its vital role as "it gives a lead to
the country on broad issues of policy and promotes collective thinking and joint action on
matters of national importance."20
Planning did not figure largely in the discussions of the Constituent Assembly but it was
not altogether forgotten. It was put down as item No. 20 in the Concurrent List which
reads as "social and economic planning". But when the Planning Commission was set up
in 1950, it was not done under this item. So far there has been no legislation on the item
of planning and the entire Planning which has been going on a more or less informal
level. If a State argues that Planning Commission has statutory authority and that it is not
bound by its decisions, constitutionally it would be quite right and the Government of
India would be powerless to compel the State to fall in line. But there was no change of
any State doing like that on account of two reasons. One was that during the entire period
the Congress parties were in power, there was uniformity both at the Centre and in all the
States. There was an even more powerful sanction for getting the States to fall in with the
plan, viz., the financing of the plan. The Government of India undertook the major burden
of financing the plan and a State could refuse to come in only at the cost of losing the
massive

i POLITICS OF PLANNING VIS-A-VIS STATE AUTONOMY

261
financial assistance which the Centre offered. So, both on political and financial grounds, the
States were assumed to come in, and they have come in.
It must be confessed that, from the beginning, the Planning Commission assumed that the federal
constitution would not give them any kind of trouble. The Planning Commission report of the
First Five Year Plan says, "Under the Constitution, India is organised as a federation in which the
Central Government and the Governments of the States have their assigned spheres of action.
There are certain concurrent subjects in which the Centre as well as the States have to work with
Union." Now, the essence of a federal system is that in the spheres exclusively assigned to the
States, they will be free to pursue their own policies. These policies were not expected to be-the
same. Conditions were not the same. Even when they were similar, it would be open to each State
to have its own policy, to have its own priorities, preferences and follow them. But the basis on
which the Planning Commission began to work from the very start was that there would be
practical uniformity of policy over the entire sphere of administration, both in the Union and the
States. As a matter of fact, planning effected the State spheres even more than the Central sphere.
About 70 per cent of the total expenditure of planning in the first plan and about 65 per cent in
the second plan relate to matters which have been exclusively assigned to the States, like
education, health, forests, agriculture, irrigation, electricity, etc. It was assumed that conditions in
almost all the States were almost similar if not identical.
In order to obtain the co-operation of the States, the Planning Commission also evolved some
machinery. The most important was the National Development Council. This is an ad hoc
improvised body but a convention has been established that its decisions will be binding on the
Government of India and the States. As matters stand, the NDC is actively and extensively
associated with policy-making at the summit. Consisting as it does of the chief executives of the
Central as well as State governments, the Council occupies an obviously outstanding position in
the Indian federation. Its advice naturally receives highest consideration by both the Centre and
the States, and it may not, in practice, be distinguishable from a definite mandate, although this
advice to be sure, is not backed by any legal sanction. The NDC is, thus, the apex policy-making
organ of the country. We all know that the decision to the surrender by the State Governments of
their sales taxes on textiles, sugar and tobacco was taken in the meetings of the NDC. Normally,
this would be a major constitutional issue because they were taxes which have been assigned to
the States. Under normal federal political conditions, there would have been discussions in every
State legislature and in the press as to whether the States should surrender or not. According to K.
Santhanam: "I believe the decision to surrender these taxes and substitute them by additional
excise duties was taken at a single sitting (of the National Development Council) at which many
of the Chief Ministers had not even fully consulted their own cabinets." 21 The NDC has also
expressed itself in favour of the policy of extending co-operative farms in the country and has
even laid down broad principles for guiding the organisation of co-operative societies and the
assistance to be given to them.
Planning has led to the establishment of a dual administrative machinery. To mention an instance,
the Centre has established a Central Tractor Organization for land reclamation and development
while the States have such organisations of their own. Moreover, for the execution of the
community development programme there was a Central organisation side by side with State
organisa-™Or> TVIP rnmmunitv development programme was not found
V
-- .C... J-l,,, 262
INDIAN GOVERNMENT AND POLITICS
in any list but the subjects covered by it were found in the State List, yet this programme
was administered under the Ministry of Community Development of the Government of
India. However, the Centre only performed the 'staff functions while the 'line' functions
were performed by the States. The policy decisions were taken by the Union Government
and the same were implemented by the States through their own machinery.
The Ministry of Community Development holds an annual conference of State
Development Commissioners. This conference is formally organised by a State
Government which plays host to it. In the words of P.R. Dubashi, "The extensive agenda
of these conferences generally reflects the thinking of the Ministry of Community
Development, and effecting though apparently with the voluntary acquiescence of the
State governments, the decisions of these conferences divert the programme into centrally
laid out channels."2 The Ministry publishes a large amount of literature on community
development which considerably influences national thinking on the subject. The Union
Government also awards prizes to the best village level workers as well as villages. Thus,
in an exclusively state sphere of activity, the Union Government has effectively stepped
in as a partner and that too a senior partner not by invoking an extraordinary clause of the
Constitution but through the normal processes of administration.2
The same is true to implementation of the plan policies with regard to land reforms,
development of forests, programmes relating to village industries and development of
irrigation and power. Actually, the Planning Commission has insisted on a uniform policy
to be followed by the States in regard to such matters as land ceilings, co-operative
farming, agriculture, education, including primary education, health and cottage
industries, which are of a purely local character. This applies to programmes of social
welfare also. The idea behind this is that although the primary responsibility in such
matters may lie with the States "the Centre has also an overall responsibility for helping
co-ordinating and guiding the work of the States so that national policies can be evolved
and satisfactorily worked out."24
As planning has been introduced at an informal level, Plan grants have been given under
Article 282 in the form of matching grants. Previously also grants were given under this
article for grow more food campaigns and rehabilitation. As the Planning Commission
has no finances for distribution, it is the Central Ministries which issue grants to
corresponding State ministries— for education through the Central Ministry of
Education; for food or agriculture through the Food and Agricultural Ministry, and so on.
Therefore, all the Central Ministries are in a position to dictate to corresponding State
Departments. In other words, a sort of vertical federation has been set up under the
Planning Commission. The Constitution set up a territorial federation; it is a horizontal
federation that was set up by the Constituent Assembly. The matching grants have set up
a vertical federation by which the Central Departments and the State Departments on the
same subject as 'education', etc., form a unit for the purposes of programmes, projects and
most important of all, for expenditure.*
Then, in order to help the Planning Commission, there have been some agencies set up in
each State Government—generally a Development Commissioner and sometimes
Planning Departments—but they were never top level bodies. In no State has a body been
set up analogous to the Planning Commission at the Centre. The bodies which have been
set up in the States are merely implementing bodies and not bodies which will consider
the policies and decidePOLITICS OF PLANNING VIS-A-VIS STATE AUTONOMY
263
them on the same level for the State as the Planning Commission does for the whole country.
Attempts have been made continuously by the Planning Commission and the Government of
India to consult the States. Innumerable conferences have been held. Many of these conferences
were attended by the Ministers of the States, others by the departmental officials, but finally the
decision was taken by the Government of India on the advice of the Planning Commission in all
matters including those relating to the spheres of State action.
Planning has been comprehensive. It has covered all the spheres of activities of both the Centre
and the States. In fact, it has covered even the sphere of literature, art and even sports. Under
educational planning, grants have been given for establishing gymnasia, for cricket coaching, etc.
This planning may, in some sense, be called totalitarian but for the evil association of the word
'totalitarian', we may be content to say that it is comprehensive.
The main purpose of the federal system is that when the conditions, the traditions, the
circumstances, the climate, the geography differ, there should be state autonomy. In all plans
regarding agriculture, forests, education, health, cottage industries, which are essentially of a
local character and which should be dealt with on a purely local, state or regional basis, attempts
have been made to lay down uniform policies. Take, for instance, education. There have been
differences about the merits of basic and non-basic ordinary education. In the First Five Year
Plan, it was laid down as regards the question of ordinary primary education "we feel that, in
view of the poor returns from it, the tendency to open new primary schools should not be
encouraged and as far as possible resources should be concentrated on basic education and the
improvement and remodelling of existing primary schools on basic lines as far as that can be
done with the persons available." Some States took this as a command and spent all the money
allotted without there being any increase in the number of pupils. But a curious thing happened.
In 1952-53, the Planning Commission found that the problem of educated unemployment became
serious. They thought that the quickest method was to open schools and so in 1953 it was
suddenly decided that the best method of relieving unemployment was extension of educational
facilities. So, during the last three years of the First Five Year Plan about eighty thousand
additional teachers were appointed, mostly for single teacher schools. These were untrained
people. For single teacher schools with untrained teachers, there was no question of basic
education. Somehow the original declaration that the tendency to open new primary schools of
the old type should not be encouraged was forgotten and it became a positive command to open
such schools. The States were offered the entire expenses for the whole period of the First Plan
and then partially afterwards. Finally, the States were to meet the whole expenditure. In the words
of K. Santhanam, "The only point I wish to make here is that, even in such a thing as primary
education, a uniform policy throughout the country has been sought to be enforced and a uniform
change of policy has been equally imposed."2
According to K. Subba Rao, former Chief Justice of India, "Planning introduced not only a
political complexion in the relationship between the Union and the States but enabled the Union
to tighten its financial grip over the States." He complained, "the Centre by giving grants and
loans on the advice of the Planning Commission, controlled the administration of the State
subjects like education, irrigation, road making, animal husbandry, cooperation, industrial labour
and employment, etc." To elaborate this point, it would be useful »-+ riot!, Out. nf a total revenue
of the States of Rs. 73,140264
INDIAN GOVERNMENT AND POLITICS
million during the Third Plan period, the grants provided on the recommendation of the Finance
Commission under Article 275 of the Constitution constituted only 4.9 per cent while the
discretionary grants made by the Central Government on the recommendations of the Planning
Commission, under Article 282 of the Constitution constituted 13 per cent of the total revenues.
The grants provided on the recommendations of the Finance Commission do not in any way add
to the authority of the Central Government because for their sanction, there is a constitutional
obligation. As against this, grants made on the recommendations of the Planning Commission are
political and discretionary. The trend is that the grants under Article 282 are going upwards
whereas the grants under Article 275 have a slower rate of growth than grants made under Article
282. This has two important implications: This creates increasing financial dependence of the
states upon the Central Government. The Finance Commission, which is provided for in the
Constitution and is an independent and objective federal body is being reduced to insignificance
as compared to the Planning Commission. The expenditure of the Central Government on State
subjects has been on the increase.
Centrally sponsored schemes have been the most vehemently critcized part of planning
procedure. States feel that there is lack of consultation, arbitrariness in the transfer of resources
on this account, examination of the minutest details by the Centre, ignoring of the wide diversity
in the local situations. It has been experienced that as a result of these schemes, distortions are
introduced in the State Plan because matching basis of financing forces the State to drop some of
the plan schemes. States have also been critical of inclusion of programmes involving large
outlays ostensibly in fulfilment of important national objectives.
Some States feel that Planning Commission has come to be an instrument into the hands of the
Union Government to assume too dominant a role, at times being bypassed completely and at
other being used to get the States to fall in line with their own thinking. States have suggested that
Planning Commission should be made a statutory body so that it becomes more of a professional
and expert body, less prone to political influences. Some have suggested that the Planning
Commission must function in a federal spirit, giving full weightage to States viewpoint.
EROSION OF STATE AUTONOMY
Thus, the line on which a State should develop its economy is determined for it by the Centre
through the Planning Commission. The Planning system has become a factor in the erosion of
state autonomy. It has led to the imposition of uniformity of policy in spheres like land tenure,
agriculture and education where such uniformity produces disastrous consequences. It has thus
defeated the primary purpose of federalism which requires that when conditions, circumstances
and traditions differ from State to State, each State should be free to adopt policies and
programmes which suit it best. In its influential Interim Report on the Machinery for Planning
issued in 1967, the Administrative Reforms Commission, crystallizing the dissatisfaction with the
leviathan growth and manifold activities of the Planning Commission, recommended that the
commission should be reorganised and reduced substantially in functions, personnel and
expenditures and changed in composition, mainly by eliminating ministerial members. Its role
should be confined to the formulation of the plans and the evaluation of plan performance. It
should cease to involve itself inPOLITICS OF PLANNING VIS-A-VIS STATE AUTONOMY
265
With the change in political situation consequent on the general elections in 1967 and the
formation of non-Congress governments in several States there grew a demand for the adoption
of objective criteria for distributing plan grants among the several States and for relaxing the kind
of control exercised through grants on the details of planning. The Centre could not resist the
demand and a new formula was evolved for the distribution of Central assistance. According to it,
60 per cent of Central assistance, during the Fourth Plan is to be allotted on the basis of
population and 30 per cent on the basis of per capita overall tax effort for three years in relation to
per capita income, continuing major irrigation and power schemes, and special problems peculiar
to individual states. The remaining 10 per cent is to be distributed among*the six States have a
per capita income below the national average. Starting from 196£-70, 70 per cent of the Central
assistance is to be given in the form of loans and 30 per cent in the form of grants. 2 In December
1991, the Central Government was forced to evolve new aid formula to States. Under the new
'Mukherj ee formula' weightage of 60 per cent would be given to population on the basis of the
1971 Census, 25 per cent to per capita income out of which 20 per cent on deviation method and
5 per cent on distance method, 7.5 per cent for performance of the State in stipulated fields and
the remaining 7.5 per cent on special problems of the State.
In respect of relaxation of control there has been some change as a result of which the States have
secured more latitude in distributing in control assistance among individual schemes. State
schemes have come to be classified under different heads of development like education,
agricultural production, medical and public health, housing, welfare of backward classes and so
on and loan and grant assistance is fixed for each such head of development as a whole. Within
each head the States are free to allocate the assistance among different schemes, the only
condition being that these schemes should carry some pattern of assistance. 28 The number of
Centrally sponsored schemes has also been considerably reduced. The introduction of this kind of
block grants is only a first step in the relaxation of control. This, however, does not mean that all
control should disappear. This is neither desirable nor possible. For planning to be a success a
large amount of centralization is necessary. What we need today is more and more administrative
centralization in order that our plans may be effectively implemented and we may be able to raise
the standards of living of our masses who are steeped in abysmal poverty and ignorance. Thus,
the concept of federalism has to be adapted to the circumstances of a planned economy, although
Prof. Harold Laski goes to the extreme position of condemning federalism altogether.29 But
Sardar K.M. Pannikar has found fault with the concept of federalism from the practical
administrative point of view. Addressing the convocation of the Utkal University in 1954, he
remarked, "Federalism is a constitutional device, an administrative arrangement which no one
questions or disputes. But the problem is slightly different. It is one of the misfortunes of policies
that we generally carry on with institutions even after their raison d'etre has vanished and try to
infuse life into things that are dead merely because we are familiar with them. The sovereignty of
the units in a federation is a conception of a similar kind."30 The reason for discarding this
obsolete conception according to him is that the State has now to undertake huge schemes of
national development and reconstruction which are beyond the limited resources of units. He
says, "No State in India, singly, even if it were dreaming of its greatness in a mythical golden age,
can undertake a multi-purpose project like that at Hirakud, or contemplate an iron and steel
factory like266
INDIAN GOVERNMENT AND POLITICS
sustained planning and execution which are essential, if these plans are to succeed, are beyond the
resources of a single State."31
In fact, the enlargement of the field of the Central Government is a universal phenomenon. These
are the days of big government. In the U.S.A. which is a typical federation we find that the
tendency towards administrative centralization has been growing apace since 1933. In that
country, to use the expression of late Prof. L.D. White, there has been a considerable march of
power towards Washington.32 It is not advocated here that the States should be reduced to the
status of municipal bodies and no initiative should be left with them but what is needed is co-
ordination and integration of development efforts on a national scale so that waste may be
eliminated and the fullest possible use of our limited resources may be rendered possible.
Thus, whether the people realize it or not, the long arm of the Centre extends into every village
and district in the country. It is extended not just to perform the ordinary functions of
Government, such as taxes, police administration and law and order, but also to help provide the
more positive service of a welfare state to people whose standards of life must be revolutionized
to be tolerable. - -. ■ t
However much New Delhi may dominate the country, administratively and politically, it must
work in large measure with and through the units of state and local governments, which have
more direct contact with the masses of people. As Dr. Paul Appleby has noted, the Central
Government is extraordinarily dependent on the States and on units of local governments and
often appears to function more as a coordinating body than as a central authority. 33
RECOMMENDATIONS OF THE SARKARIA COMMISSION
The Sarkaria Commission has examined the process of economic planning in the context of
Union-State relations and has recommended:
1. The tasks of Planning Commission are now overseen by the NDC. This arrangement has well
answered out planning needs. The remedy, therefore, lies in reforming these institutions and their
working, assuring at the same time full and effective consultation with the States at all stages of
the planning process so that they feel that their role in it is not that of a supplicant, but of an equal
participant. If healthy conventions are established in regard to consultation with the Planning
Commission and due weight is given to its recommendations, then all apprehensions in regard to
domination by the Union and Planning Commission being a limb of the Union Government
would disappear. The Planning Commission must be consulted in taking all major investment
decisions.
2. To remove any misgivings about Planning Commission's capacity to act objectively, experts
with established reputation for professional integrity and calibre should be appointed to its panel
for specified terms. The Deputy Chairman should invariably be an eminent expert, who can
command the respect of the Union as well as the State Governments, by his objectivity and
stature and should not be seen as a political appointee.
3. The number of Centrally Sponsored Schemes should be kept to the minimum. In this regard
the criteria laid down by the Ramamurti Committee should be adhered to. The need for the Union
Government initiating pilot projects even in regard to subjects in the States' sphere having an
inter-State, regional or overall countrywide significance but carrying high national priority, is
recognized. But these should be formulated in prior consultation with the States. Once a
programme has passed the pilot stage and has been accepted asPOLITICS OF PLANNING VIS-A-VIS
STATE AUTONOMY
267
desirable for implementation on a larger scale, it should appropriately form part of the State Plan.
4. It is of utmost importance that central assistance for these schemes, which is intended to be a selective
involvement of the Union in States' subjects, should be kept to a minimum in relation to the Central
assistance for the State Plan.
5. The State Planning Board should perform similar function for the State Government as the Planning
Commission does at the national level. The Chief Minister should be Chairman of the State Planning Board
as his active support and involvement will be essential for the success of the State level planning.
Consultation with District Planning Boards should be made obligatory for formulating planning at higher
levels.34
CHANGING ROLE OF PLANNING COMMISSION
In line with the changed economic scenario, the role of the Planning Commission has been redefined. From
a highly centralised planning system, the Indian economy is gradually moving towards indicative planning
where Planning Commission will concern itself with the building of a long-term strategic vision of the
future and decide on priorities of nation. It will work out sectorial targets and provide promotional stimulus
to the economy to grow in the desired direction.
Planning Commission will play an integrative role in the development of a holistic approach to the policy
formulation in critical areas of human and economic development. In the social sector, schemes which
require co-ordination and synthesis like rural health, drinking water, rural energy needs, literacy and
environment protection have yet to be subjected to co-ordinated policy formulation. It has led to
multiplicity of agencies which is not only wasteful but also painful because of the long repetitive
procedures involved. Many such examples exist in other sectors like energy, agriculture, etc. An integrated
approach can lead to better results at much lower costs.
The resource allocation role of Planning Commission has been its predominant characteristic so far. Now
the endeavour will be on maximising the output by using our limited resources optionally. Instead of
looking for mere increases in the plan outlays, the effort will be to look for increases in the efficiency of
utilisation of the allocations being made. The priorities, programmes and strategies of the Plan, therefore,
have to take into account all these factors. i\ ' ..
With the decline of available funds the resource allocation system between the States and Ministries of the
Central Government will be under strain. This will require the Planning Commission to play a mediatory
and facilitating role, keeping in view the best interest of all concerned. It will have to ensure smooth
management of the change and help in creating a culture of high productivity and efficiency in the
Government. ,_.,: ,., ,K. .
The key to efficient utilisation of resources lies in the creation of appropriate self-managed organisations at
all levels. In this area, Planning Commission will play a systems change role and provide consultancy
within the Government for developing better systems.
In order to spread the gains of experience more widely, Planning Commission will also play information
dissemination role.268
INDIAN GOVERNMENT AND POLITICS
Conclusions
Noted economist and former member of the Planning Commission, Dr. Raja Chelliah,
has suggested economic liberalisation and suitable amendments in the Constitution as
means to improve Centre-State relations in the country.35
Delivering the fourth L. K. Jha Memorial lecture on "Towards a Decentralised Polity" in
the Capital, he maintained that "centralised planning with a pronounced socialist bias"
was responsible for the increasing dominance of the Centre over the States. Dr. Chelliah
said centralised economic decision-making had diluted federalism, as it enabled the
Centre to extend its activities to almost every sphere of the economy, including certain
areas placed exclusively under the State list. In this context, he said the concept of plan
assistance ensures that state plan proposals are scrutinised on the basis of national aims
and norms by the Planning Commission. Besides, centrally sponsored schemes are used
by the Centre to extend control over State subjects.
Alongwith.this, he pointed out, the Centre is able to exercise physical controls over
economic activity in the form of licensing, exchange control and import restrictions. The
imbalance, he said, has worsened further, because the massive public sector provides
considerable clout to the Central Government.
Besides, Dr. Chelliah opined, the principle of federalism was being violated because of
the non-homogeneous character of Indian society. He said if the Central government is
seen as being effectively controlled by a few sections, then the States in the periphery
refuse to accept even those steps that are intended to promote national interest.
Another major factor working against federalism, according to him, was that political
parties were unitary in character. Since the Central leadership exercises absolute control,
the interests of the State suffer. The situation is worse when the ruling party at the Centre
is different from the one in the State, he maintained.
Dwelling on the 'agenda for change', Dr. Chelliah said it was important to decide on the
extent of decentralisation. Excessive economic decentralisation, as proposed in the
Anandpur Sahib resolution or the Memorandum on Centre-State relations of the West
Bengal Government, was not advisable as it would fragment the economy and may even
threaten the unity of the country. "The objectives of maintaining a common market,
promoting fast economic growth and reducing inter-regional differences....would be
gravely threatened if the Central Government's powers and responsibilities were to be
restricted to defence, foreign affairs, currency and communication," Dr. Chelliah said.
He, therefore, suggested that the Centre be provided regulatory powers while certain
restrictions be imposed on the powers of State governments regarding inter-state affairs.
Alongwith this, he recommended that power be devolved not to state governments but to
the people via the private sector.
Among Dr. Chelliah's suggestions is pruning and marketisation of the public sector and
consistent financial arrangements between the Centre and States on sharing of tax
revenue and grants. He also advised restricting the role of the Planning Commission to
long-term policy planning, allocating resources only to certain key sectors, deciding on
the states' capital funds for plan investments and reviewing the efficiency of resource use.
Regarding constitutional amendments, he suggested transfer of subjects from the Union
and Concurrent Lists to the States List. Besides, he said it should be stipulated that on
certain subjects on the Concurrent List, the Centre would set only the standards and basic

pattern. 1b m
POLITICS OF PLANNING VIS-A-VIS STATE AUTONOMY
269
REFERENCES
1. A. H. Hanson, The Process of Planning: A Study of India's Five Year Plans 1950-1964 (London, 1966), p. 24.
2. Gunnar Myrdal, Asian Drama: An Inquiry into the Poverty of Nations (New York, 1968), III, 1988-89.
3. Edwards S. Mason, "Planning for Economic and Agricultural Development," in Development and Change in Traditional
Agriculture: Focus on South Asia (Michigan, 1968), p. 409.
4. P.J. Thomas, The Growth of Federal Finance in India (London, 1939), p. 409.
5. Tarlok Singh, "Administrative Relations in Planning" in The Journal of Public Ad-ministraion, Vol. 1. no. 2, p. 143.
6. K. Santhanam, Union-State Relations in India (Bombay, 1963), p. 47.
7. The Indian Institute of Public Administration, The Organization of the Government of India (Bombay, 1958), pp. 342-53.
8. Government of India Planning Commission, First Five Year Plan: A Draft Outline (New Delhi, July 1951), p. 253.
9. S.R. Sen, "Planning Machinery in India." The Indian Journal of Public Administration (New Delhi), July-September 1961, p. 233.
10. Cabinet Secretariat, Government of India, Resolution No. 62/CF/50 dated August 6, 1952.
11. K.M. Munshi, "The Super Cabinet," The Radical Humanist, December 6, 1959, p. 571.
12. Administrative Reforms Commission, Interim Report on the Machinery of Planning (New Delhi 1967), Para 15.
13. Ashok Chanda, "Institutional Base of Centre-State Relations." B.L. Maheshwari ed. Centre-State Relations in the Seventies
(Calcutta, 1973), p. 138. <
14. Lok Sabha Debates, Third Series, Vol. XXIII, No. 18, 11 December, 1963, col. 4208.
15. Santhanam, n. 6, p. 47.
16. The Indian Journal of Public Administration, October-December 1959, p. 460.
17. Michael Brecher, Nehru—A Political Biography (London, 1959), p. 521.
18. Government of India, Planning Commission, The Planning Process (New Delhi, 1963), p. 53.
19. Ibid., p. 54. ;
20. V.T. Krishnamachari, Fundamentals of Planning in India (New Delhi, 1962), p. 67.
21. Santhanam, n. 6, p. 46.
22. P.R. Dubashi, "Unitary Trends in a Federal System," The Indian Journal of Public Administration, Vol. 6, no. 3, p. 254.
23. Ibid., pp. 254-255.
24. The First Five Year Plan, p. 532.
25. Santhanam, n. 6, p. 54.
26. Ibid., p. 60.
27. H.K. Paranjpe, "Centre-State Relations in Planning," paper presented in the National Convention, 1970.
28. G. Ramchandra, "Centre-State Financial Relations," paper contributed to the National Convention on Union-State Relations,
1970, pp. 253-54.
29. Quoted by L.D. White, The States and the Nation (1953), p. 1. Laski remarks, "The epoch of federalism is over......"
30. K.M. Pannikar, The State and the Citizen (Bombay, 1956), pp. 53-54.
31. Ibid., p. 53.
32. White, n 29, pp. 1-33.
33. In his famous report on Public Administration in India (New Delhi, 1953), p. 21, Dr. Paul Appleby wrote: "No other large and
important national government, I believe is so dependent as India on theoretically subordinate but actually rather distinct units
responsible to a different political control, for so much of the administration of what are reorganized as national programme of great
importance of the nation."
34. Report of the Commission on Centre-State Relations, Part I, pp. 379-385. Chapter 24
POLITICS OF PRESIDENT'S RULE IN
THE STATES
Article 356 of the Constitution which provides for the imposition of President's Rule when there
is a 'failure of constitutional machinery in the State' has been most controversial. The ambiguity
of the expression if 'a situation has arisen in which the Government of the State cannot be carried
on in accordance with the provisions of the Constitution had led to the Article's persistent misuse
by all government's at the Centre. This is evident from the fact that President's Rule has so far
been imposed about more than 116 times (from 1951 to 2002) in the States has varied from 10
days in Bihar to 1,192 days in Pondicherry. In the initial years, there were not many instances of
its use. But with passing of years, these provisions have been invoked with increasing frequency.
This is evident from the data given below •}
TABLE 1 PRESIDENT'S RULE IN STATE AND UNION TERRITORIES
No. of Period (a) Proclamation (in force) Status of Assembly (f)
Proclama-
tions years months days dissolved suspended
1951-55(b) 4 2 2: 6 2 1
1956-60 3 1 7 5 2 —
1961-65 3 2 9 15 2 1
1966-70(c) 13 5 11 4 6 4
1971-75(d) 21 11 8 11 10 5
1976-80(e) 35 9 — 17 26 4
1981-85 7 8 7 12 4 3
1986-90 10 13 — 28 4 1
1991-95 14 8 6 — 9 4
1996-98 2 — 5 9 — 2
1999-2000 2 — 4 22 1 1
2001-2004 2 — — — 1 —
51 116 64 4 9 67 27
These figures reveal a sharp rise in the incidence of such cases from 1967 onwards. The Fourth
General Elections saw the emergence in the country of a multi-party polity, fragmentation of
political parties and rise of regional parties. There was a sea change in the political scene.
Coalition ministries were formed in a number of States for the first time. Many of them were
unstable, being coalitions based on convenience rather than principle. The General Elections to
Lok Sabha, held in March 1977, led to a landslide victory of the Janata Party which thereupon
formed the Union Government. The Union Home Minister wrote to the Chief Ministers of the
nine Congress Party ruled States that they should seek a fresh mandate. Some of them approached
the Supreme Court for a declaration that the Union Home-Minister's letter, asking for dissolution
ofPOLITICS OF PRESIDENT'S RULE IN THE STATES
271
their Legislative Assemblies, was unconstitutional, illegal and ultra vires, but were not
successful. President's Rule was imposed immediately after the pronouncement of the Court's
verdict, and simultaneously, the Assemblies of these nine States were dissolved. A similar
situation arose in 1980 when, in nine Janata-ruled States, on similar grounds, President's Rule was
imposed following the victory of the Congress (I) Party in the General Elections to Lok Sabha.
The proprietary of this wholesale use of Article 356, in 1977 and again in 1980, has been widely
questioned, the judgment of the Supreme Court notwithstanding.
Emergency arising out of failure of constitutional machinery under Article 356 is peculiar to all
federations. There is no occasion for such a proclamation in a unitary state like Great Britain. The
Article was in line with the Act of 1935 under which the Governor could take over the entire
Government with the concurrence of the Governor-General in his discretion, when he was satis-
fied that the Government of the Province could not be carried on in accordance with the
provisions of the Act. The Governor-General was also armed with similar and identical powers
under section 45 of the Government of India Act, 1935 in case of breakdown of constitutional
machinery at the Centre. Thus, Article 356 appears to be a combination ofsections 45 and 93 of
the Government of India Act, 1935.
There is neither provision for, nor precedent of Article 356 in the American Constitution. The
Federal Government has no power of supersession of the State constitutions on the ground of
failure of constitutional machinery in the States. Resistance to the execution of the Federal laws
or to the authority of the Federal Government by a State may result in the deployment of federal
troops in the State concerned. During the Civil War of 1861, President Lincoln sent the federal
militia and President Eisenhower and Kennedy ordered the Federal Army in order to enforce the
anti-segregationist movements in the Southern States. Such activities of the States may be treated
as a war against the Federal Government and the Union. But political deadlocks in case of
majority in the State Legislatures is a "threat to the Republican form of Government." 2 Since the
American Supreme Court has, however, consistently refused to settle controversies hinging on
whether a particular State Government is republican in form on the ground that this is not a
judicial but a political question to be settled by the political branches of Government, meaning
the executive and legislative branches. Congress can do this through its power to determine the
qualifications of its members, whom it may refuse to seat. The President as Commander-in-Chief
has direction of the military force that could displace a State Government, he deemed not to be
republican in form.3
In India, the Union is to ensure that the government of every State is carried on in accordance
with the provisions of the Constitution. Since the President as the federal head was armed with
emergency powers in order to protect the federal structure of the Union, there is no agency under
the Governor to shoulder such a responsibility. The ultimate responsibility rests solely upon the
President of India. It is generally a provision to guard against political deadlocks in case of lack
of majority in Legislatures. The essential prerequisites for promulgation of Article 356 are the
following :
(i) Report of the Governor : The State Governor's report the circumstances that have arisen and
also recommend action necessary to meet the situation. In practice action has been taken in every
case on the Governor's report. Before reporting the breakdown of the constitutional machinery in
the State, the concerned Governor mav trv for a solution nf the rvrpvailino- ,-nns-K+iifirmai272
INDIAN GOVERNMENT AND POLITICS
outgoing government to continue in office till alternative arrangements are made. So far the
President has acted only on the report of the Governor; he may also act even 'otherwise' if he is
satisfied that an emergency has arisen.
(ii) Satisfaction of the President : The President must be satisfied that situation has arisen when
government of the State cannot be carried on in accordance with the provisions of the
Constitution. Since it is the constitutional duty of the Union, the President as the Central
functionary and federal instrumentality steps in. So far the Union Cabinet has been functioning
for determining the action to be taken in the name of the President. But the provisions of the
Constitution and the language of the proclamations speak clearly of the subjective satisfaction of
the President, on objective facts.
The nature of political composition of the units of the Federation is likely to govern Central
action and imposition of President's Rule under Article 356 of the Constitution. There may be
mass violence with the sympathy of the party in power in the State. The State's economic plans
may be contrary to the economic programmes of the Centre. Central imposition of its economic,
language or prohibition policy on a recalcitrant State may precipitate a constitutional crisis. Gross
misconduct and administration may also necessitate the promulgation of Article 356 in order to
uphold the integrity and supremacy of the Constitution. In brief, it may be due to non-compliance
with the federal laws also. When no party is in majority or even a coalition fails and there is a
political deadlock the only possible constitutional remedy is Article 356. The Centre steps in as
the spare wheel. Since Article 352 covers both 'external aggression' and 'internal disturbance',
Article 356 can be invoked only in situation where the "government of the state cannot be carried
on in accordance with the provisions of this Constitution." Thus, the purview of Article 356 is
confined only to 'constitutional breakdown'.
Whatever the conditions in which President's Rule was proclaimed, the Governor typically acted not on his
own initiative but on Central Government instructions, Nirmal Mukarji, former Home and Cabinet
Secretary believes. He recalls it to have been normal practice, once the Centre had decided imposition, for
the Home Ministry to draft a letter which the Governor was to use as the basis for his recommendation to
the President.
(iii) Proclamation : The President on being satisfied, by issuing a Proclamation may assume to
himself any or all the functions of the State Government. There is centralization of
administration, legislation and finance. The legislative powers will then be exercised under the
authority of Parliament. Normally, the Assembly and Council of Ministers do not exist. The
Legislative Assembly of the State may either be dissolved or suspended. If the Presidential
Election or the Rajya Sabha Election is impending, the Assembly may remain suspended. Centre,
may however, like to keep the Assembly in animated suspension in preference to immediate
dissolution in the hope that a realignment of political forces may provide popular set-up in near
future. A consultative committee of Parliament may be formed to advise the Central Government.
Further, a group of one or more senior civil servants may be appointed by the Centre to assist the
Governor who acts as the agent of the President of India in administering the State during the
period of President's Rule. In April, 1970, five Advisors were appointed to assist the West Bengal
Governor in carrying on the State administration during the period of President's Rule. The West
Bengal Home Department issued an order laying down the distribution of their portfolios, and.
the Government's Rules of Business were accordingly amended to delineate

I
273
POLITICS OF PRESIDENT'S RULE IN THE STATES

the scope of their functions, by suspending those which related to Ministers of an elected
Government.
In the matter of decision-making the role of the Advisors will broadly be that of elected
Ministers, the Rules of Business applying to Departmental Secretaries remaining the same, but
only with one difference. The Advisors are expected to function, according to Government's
order, under the 'guidance, control and supervision of the Governor'who may at his discretion
alter, modify or reverse any decision made by an Advisor with regard to a Department in his
charge, without assigning any reason. However, the Advisors were expected to work as a team.
Thus, a new administrative set-up was created for West Bengal during the period of President's
Rule. The Advis'ors had greater freedom of work under a fresh notification which allocated the
portfolios among the Governor and the Advisor leaving less file work for the Governor. The
Governor used to preside over regular meetings of Advisors, almost on the same line as a cabinet
meeting. The Governor continued to be the constitutional head of the administration running it on
behalf of the President.
Thus, the President at any time, "either on receipt of a Report from the Governor or otherwise"
could assume to himself all or any of the powers of the Governors of all the twenty-five States at
a time and convert the entire Indian-Union into a unitary State in accordance with the provisions
of the Constitution and not by staging a coup d'etat.
FREQUENT IMPOSITION OF PRESIDENT'S RULE
Unfortunately, as expected by Dr. B.R. Ambedkar, this article neither remained a dead letter nor
it was sparingly used. If anything it was other way round which proved that the apprehensions of
some of the members of the Constituent Assembly were fully justified. Uptil 2002, President's
Rule has been imposed more than 116 times in twenty-eight States. It has been imposed 10 times
in Kerala (Kerala, in fact, was born under President's Rule in 1956), 8 times in Punjab and Orissa,
7 times in Bihar, 10 times in Manipur, 11 times in U.P., 5 times in Assam, thrice in Haryana and
once in Maharashtra and PEPSU. In addition to them Governor's rule was also imposed in Jammu
and Kashmir four times.
Use of Article 356 : Case Studies
It is necessary to examine some cases of failure of the constitutional machinery in individual
States since the adoption of the Constitution and to observe whether political use of Article 356
has been made at any time.
1. Punjab : The first such proclamation was made in 1951 when in the Punjab, the Bhargava
Ministry could not be formed. The proclamation of emergency was made on the basis of a report
of the then Governor of the Punjab, to whom was later delegated, by the President, the executive
power to carry on the State's administration during the period of emergency. At the same time,
the legislative power of the State was given over to Parliament. The emergency, however, was
only for a short period and Parliamentary government was re-established immediately after the
termination of the emergency.
The critics say that groupism and Congress factionalism made the administration to be taken over
by the Centre under the provisions of Article 356. There were chances of an alternative
government and attempts could have been made by the Governor for the purpose.
2. PEPSU : The second occasion for the proclamation of emergency arose in 1952 when after the
first general elections the formation of a stable ministry was found impossible in the PEPSU
State. There was first a Congress ministry
274
A__l;j_;__

INDIAN GOVERNMENT AND POLITICS

followed it was incapable of functioning smoothly on account of dissensions within the coalition.
As a result of the proclamation of emergency, the State Legislature was dissolved and within six
months new elections were held and the Congress party came back to power with a stable
majority.
The Central Government's action in imposing President's rule was criticised as a partisan move to
serve the interests of the ruling party at the Centre. The resolution of the U.F. Assembly Party
described action as designed, "to suppress and eliminate non-congress elements and rehabilitate
the decaying Congress in the State."
3. Andhra Pradesh : Again, this article was similarly misused in Andhra on November 15, 1954.
On November 6, 1954 the ruling Prakasam Ministry resigned when a vote of no-confidence was
passed against the Government of the Congress Party on the issue of prohibition. The Chief
Minister advised the Governor to dissolve the legislature. The Governor was faced with a very
difficult situation. The leader of the opposition said, "You call me to form the
government.......In three days I will face the Assembly with my list of ministers."
The opposition demand to form a new ministry was refused on the flimsy ground that it was not
easy for the desperate elements to join together in the formation of a Ministry. 4 The well-known
convention of Parliamentary government to give an opportunity to the leader of the opposition to
form an alternative government was not followed; on the contrary, the Central Government
defended its action on the ground that there was no party or group of parties in the State in a
position to form an alternative government.
4. Kerala : The Travancore-Cochin experienced government under Article 356 from March 23,
1956 till April 5, 1957, Since no single political party emerged with a clear majority in the First
General Elections of 1952, there was no stable majority for any single party in the State
Legislature. A Congress Ministry supported by the Tamil Nadu Congress and two PS.P.
dissidents formed by P. Govinda Menon toppled down in March 1956 as a result of defection of
six rebel Congress members. Article 356 was proclaimed, that during the period of emergency,
the new State of Kerala was formed. Political instability has been chronic disease of the State.
During Lok Sabha Debate on March 30, 1959, Shri Ashoka Mehta (P.S.P. then) and Shri A.K.
Gopalan (Com.) in particular criticised vigorously that emergency provisions of the Constitution
were being misused to protect "partisan interests of the Congress and to permanently damage
parliamentary democracy. Principles were changed and standards varied from State to State, and
from time to time in the same State to suit the convenience of the Congress Party." According to
Shri Gopalan, "The Government's principle was : Either Congress Ministry or no ministry at all." 6
5. Kerala : Kerala was subjected to President's Rule from June 31, 1959 to February 22, 1960
under unusual circumstances by creating a constitutional precedent. The Coalition Ministry of the
Communists and some Independents faced a strong opposition from all Political Parties through
State-wide agitation, civil disobedience and mass upsurge to paralyse the State administration by
making the way clear for Central intervention. There prevailed an atmosphere of lawlessness and
insecurity on the basis of which the Governor reported to the President, and Article, 356 was
imposed.
Thus political circumstances proved that Kerala became the test-case of political prejudice of the
Union for which a Communist Ministry enjoying the confidence of the State Assembly was
dislodged from power. The Governor reported that the constitutional machinery had failed
because the government had lost the support of the 'majority of the people' and the only available
alternative was Article 356.POLITICS OF PRESIDENT'S RULE IN THE STATES
275
There was no justification for the Governor to read the political barometer. Once a government is
formed, it must be allowed to remain in office unless it is out-voted by the Legislative Assembly.
There is no other yardstick to measure the confidence of the people in the Government other than
testing its strength on the floor of the State Assembly. Accordingly, Shri N.V. Gadgil, the then
Governor of the Punjab, had publicly expressed the view that the Communist Government of
Kerala had the right to continue in office for the full term of five years, unless it resigned of its
own accord, or was voted out of office.7 Thus, the Central action in case of Kerala was alleged to
have been tinged with political prejudice on the ground of extraneous consideration of loss of
people's confidence to the ruling Ministry demonstrated outside the State Legislative Assembly. 8
This is an unprecedented constitutional precedent when a political crisis was created by the
Opposition Parties outside the legislature. Apolitical breakdown became the ground for Central
intervention in order to topple a non-congress government.
6. Orissa : Orissa was subjected to the operation of Article 356 from February 2 to June 23,1961,
when the coalition ministry of Congress-Gantantra Parishad headed by Dr. H.K. Mehtab resigned
and none of the leaders was prepared to form the Government.
In this case too, there was no need for the application of Article 356 because the government had
already been in office more than 4 years and it would have been more appropriate had the
Governor dissolved the Legislative Assembly under Article 174(2)(b).
7. Kerala : President's Rule was imposed again upon Kerala on September 10, 1964 which
practically continued till March 6, 1967 despite the mid-term election of March 1965. A Coalition
Ministry of Congress-PSP came to office after the midterm election of 1960 with the P.S.P. Chief
Minister Shri P. Thanu Pillai. Scramble for political power and position and the Central desire for
Congress to hold the reins of power were responsible for shifting Shri Pillai from the political
scene of Kerala by making him the Governor of Punjab. Consequently, a Congress Cabinet led by
Shri R. Shankar was formed which again succumbed to failure due to the internal factions of the
Party. Fifteen Congress members of the Chacko group voted against the Shankar Ministry in a
no-confidence resolution and President's Rule was imposed on September 10, 1964 which
continued till March 24, 1965.
In the mid-term election of March, 1965, no party obtained a clear majority in the Assembly.
Though there could have been a non-Congress Government the Governor without summoning the
Legislature made a report to the President that no Party was in a position to form a stable
Government. President's Rule was again imposed on March 24,1965 which continued till March
6, 1967. The State Legislature was dissolved without being convened even once. Thus,
parliamentary conventions were not followed by denying an opportunity to the largest group to
form the Government.
8. Punjab : During the re-organisation of the Punjab into Punjab-Haryana, the Congress Chief
Minister Shri Ram Kishan tendered resignation keeping in view the impending division of
Punjab. Thus, imposition of Article 356 was considered necessary to facilitate smooth transfer of
power, and proper division of assets and liabilities between the two new States. Imposition of
Article 356 for effecting the partition of a State was made for the first time. There was no
breakdown of the constitutional machinery and the Congress Party had a clear and clean majority
in the State legislature.
Q T?r,;r,e+hnn ■ The nntrnme of the 1967 Poll did not give Congress a verdict

1276
INDIAN GOVERNMENT AND POLITICS
a clear majority, with the help of a few independent and a Swatantra member, the Congress Party
was asked to form the government with Shri Mohanlal Sukhadia as the Chief Minister, as the
leader of the single largest Party. This sparked off widespread disturbances. Law and order were
threatened, and insecurity prevailed. On the reports of the Governor, Dr. Sampurnananda, Article
356 was proclaimed in the State but the Assembly was suspended and not dissolved. There was
no invitation to the leader of the Opposition to form an alternative Government. Ninety-three
M.L.A's belonging to the opposition in a parade before the President Dr. Zakir Hussain in the
Rastrapati Bhawan demonstrated that imposition of the President's Rule was not warranted by the
circumstances of the case. Events in Rajasthan presented a clear picture of how the ruling
Congress Party at the Centre allowed its Party to gain time to manoeuvre the formation of a
Congress Ministry. Article 356 which was proclaimed on March 13, 1967 was lifted on April 25,
1967 and a new Congress Ministry with Shri Sukhadia as Chief Minister was sworn in.
10. Haryana : Haryana was the test case of large-scale political floor-crossing for political power
and position which brought democracy to ridicule. A Congress Ministry was formed by Shri
Bhagwat Dayal Sharma on March 10, 1967 with a comfortable majority. The Congress
Legislative Party came to be divided at the time of election of the Speaker. Shri Daya Kishan, the
official nominee, was defeated, and Shri Rao Birendra Singh, a dissident Congressman, was
elected. A new Party under the label of Haryana Congress came into existence consisting of the
dissident Congressmen who defected from the Congress and joined the Opposition. Sharma's
Ministry fell.
The U.F. consisting of Haryana Congress, Independents and the Opposition group elected Rao
Birendra Singh as the leader of the U.F. He resigned from Speakership and formed the
Government. The Jana Sangh withdrew its support, and some other M.L.A.'s defected, resulting
in an early end of Rao's Ministry. The plight of the U.F. Government was exploited by the
Congress in creating conditions for President's Rule which started from November 21, 1967 till
May 21, 1968. The mid-term elections, thereafter, brought a Congress Ministry to power headed
by Shri Bansi Lai on May 21, 1968.
11. West Bengal: West Bengal faced a political deadlock between February
20, 1968 and February 25, 1969. Congress as the single largest Party had no majority and had no
desire to lead a Coalition. A.U.F. of fourteen constituent parties formed a non-Congress
Government under the leadership of Shri Ajoy Mukherjee. In the midst of internal dissensions,
lawlessness, agitation and demonstrations, Dr. PC. Ghosh, the Food Minister, alongwith
seventeen other M.L.A.'s defected and formed a new Party named Progressive Democratic Front.
The Governor, Mr. Dharamvir, expressed his doubts about the strength of the U.F. Government in
the Legislature and advised the Chief Minister for early summoning of the Assembly in order to
settle the strength of the Government. The Cabinet decided to convene the Assembly on
December 18, 1967 whereas the Governor urged them to convene it not later than November 30,
1967. The Cabinet expressed its inability to do so.
The Governor dismissed the U.F. Ministry and a minority Government with Congress support
headed by Dr. PC. Ghosh was sworn in on November
21, 1967. It was a conspiracy of the Congress, and the legality of Dr. Ghosh's appointment was
contested. When the Assembly met on November 29, 1967, the Speaker refused to recognise Dr.
P.C. Ghosh as Chief Minister and adjourned the House sine die.9 In view of the political
instability, President's Rule was imposed upon West Bengal on the Governor's report. 10 In the
mid-termPOLITICS OF PRESIDENT'S RULE IN THE STATES
277
election, the U.F. came out victorious and Shri Ajoy Mukherjee formed the second U.F.
Government on February 25, 1969.
12. Uttar Pradesh : Uttar Pradesh being the stronghold of the Congress came under President's
Rule between February 24,1968 and February 26,1969. Due to the decline in the strength of the
Congress Legislators, and defectors, the Samyukta Vidhayak Dal under the leadership of Shri
Charan Singh came to power on April 3, 1967. Internal differences within the S.V.D. forced Shri
Singh to resign. The leader of the largest single party Shri C.B. Gupta could not satisfy the
Governor that he was able to command a comfortable majority in the Legislature. Thus, the
largest State of the Indian Union came under President's Rule with the Legislature being kept in
animated suspension. The Centre wanted time to assess the possibility of bringing the Congress
back to power. Mid-term elections in U.P. led to an end of the President's Rule on February 26,
1969 and the Congress leader Shri C.B. Gupta formed the Ministry.
13. Bihar : Bihar was the next State to remain under President's Rule between June 29, 1968 and
February 26, 1969. In the Fourth General Election, the Congress witnessed a crushing defeat. A
United Front with Shri Mahamaya Prasad Sinha as Chief Minister came to power. On a motion of
non-confidence the U.F. Government was defeated by a Congress-Soshit Dal alliance. The
Congress-backed Soshit Dal Ministry was voted down on a no-confidence motion, again. The
Congress tarnished its image by supporting a minority government without active participation.
Then came Bhola Paswan Shastri's new U.F. Government to power. Internal pressure forced Shri
Shastri to resign due to political instability and defection-ridden atmosphere. The impossibility
of a stable government was realized and there was Proclamation of Emergency.
14. Punjab : Punjab again was brought under President's Rule between August 23,1968 and
February 17,1969. Congress failed to secure a comfortable majority and refused to be a partner of
a Coalition. Shri Gurnam Singh as leader of the U.F. came to power. Due to the defection of Shri
Lachhman Singh Gill, Gurnam Singh fell and Gill formed a Government with the support of the
Congress. When the Congress withdrew its support, Punjab came under the provisions of Article
356 for the third time. Mid-term election brought President's Rule to an end when Gurman
Singh's Akali-Jana Sangh Ministry was sworn in.
15. Bihar : The mid-term election held in early 1969 did little to remove the political instability
troubling Bihar since 1968. The first ministry under the Chief Ministership of Sardar Harihar
Singh fell on 20 June, 1969, consequent on its defeat in the Assembly. Then, the U.F. backed
ministry of Bhola Paswan Shastri was sworn in. It became a victim of political opportunism and
lasted just, for ten days. Thereupon, the Governor Nityanand Kanungo, recommended imposition
of President's rule in Bihar.
16. West Bengal : West Bengal again came under the President's Rule on March 19, 1970 due to
the resignation of the U.F. Chief Minister, Shri Ajoy Mukherjee. Shri Jyoti Basu, as the Leader of
the largest political Party claimed his right to form the Government by having only 110 seats in
the Assembly of 280 members. Further, he was not willing to parade his supporters for his
"alternative Government move" before the Governor and promised to prove it only on the floor of
the House. Mr. Basu's contention being unacceptable to the Governor, other political parties were
sounded by the Governor to ascertain if any of them was in a position to form an alternative
Government. Parties opposed to the proposed Marxist Ministry to be led by Mr. Basu
commanded ---------1 nf ice m™v>Q™ in fKo 9Rn-«trnr\D- Assemblv. Letters received by the278
INDIAN GOVERNMENT AND POLITICS
Governor from eight to ten parties firmly indicated their opposition to the Marxists. In view of
these political realities, it would have been illegal and immoral to invite Mr. Basu to form a new
Government. By securing written commitments from the various parties in regard to their attitude
towards the Marxists, the Governor Mr. S.S. Dhavan perhaps wanted to fortify his own position
for the next step. Consequently, circumstances precipitated the inevitability of President's Rule on
the basis of the Report of the Governor on March 19, 1970. But the suspended Legislative
Assembly was dissolved on July 30, 1970. The efforts of the C.P.I, to form a Ministry with
Congress (R) support failed. The Bangla Congress, on the other hand, was in no position to form
an alternative Ministry in the State. The Centre took the position that elections in West Bengal
should not be held till 1972, but the firmness of the Centre's resolve naturally depended on the
political compulsions that would operate in the intervening-period. However, a mid-term election
was held in March 1971. As no single party could secure absolute majority, President's rule
continued even after the election and ultimately the Bangla Congress President Shri Ajoy
Mukherjee formed his third government as the leader of a six party non-Marxist Coalition, on
April 2, 1971, at the end of 317-day spell of President's rule, with Congress (R) as one of the
partners.
17. Kerala : In 1970, Kerala's United Front Ministry was a coalition consisting of the CPI,
Muslim League, the ISP, the Kerala Congress and the RSP. Its Chief Minister, C. Achuta Menon
belonged to the CPI. In April 1970 the ISP, one of the constituent parties, faced a split. The
government would have lost its majority if the ISP has withdrawn its support. Anxious to avert
this danger Achuta Menon on his own advised the Governor to dissolve the Assembly which the
latter did on June 26, 1970. It was only after the Governor had dissolved the Assembly that he
informed that he had himself asked for dissolution of the Legislature. On August 1, after the date
of election was announced, he tendered the resignation of his Ministry, declaring that he had done
so in view of the criticism that the continuance of his Ministry would hinder free and fair
elections in the State. Accordingly, on August 4, President's rule was imposed in Kerala for a
period of two months.
18. Uttar Pradesh : President's Rule was imposed on U.P. for the second time for a brief spell of
sixteen days from the 2nd to 18th October, 1970. The Coalition Ministry of B.K.D. and Congress
(R) headed by Mr. Charan Singh faced a deadlock when the Congress (R) withdrew its support
from the Coalition. Even then, the Chief Minister Mr. Charan Singh did not resign, rather asked
the Congress (R) Ministers to tender resignation. Even on being asked by the Governor, Dr. B.
Gopala Reddi the Chief Minister did not resign; on the contrary, he challenged the Governor and
wanted his strength to be tested on the floor of the State Legislative Assembly which was
scheduled to meet on October 6. The Governor reported to the President and recommended
imposition of Article 356. The advice of the Union Cabinet alongwith the necessary papers were
placed before the President V.V. Giri who was on tour in the U.S.S.R. The President signed the
proclamation of Article 356 in Kiev, and suspended the State Legislature, as was recommended
by the Governor.12 The Opposition parties joined hands to form an S.V.D. and elected Mr. T.N.
Singh as their leader. The Governor, thereafter, recommended to the President for immediate
revocation of President's Rule in the State and conveyed to the President that the S.V.D. leader,
Mr. T.N. Singh, appeared to command a clear majority in the State Legislative Assembly. The
President signed a proclamation revoking his earlier Order and the S.V.D. Ministry under the
Chief Ministership of Mr. T.N.POLITICS OF PRESIDENT'S RULE IN THE STATES
279
Singh was sworn in on October 18, 1970, thus ending the brief span of President's Rule.
19. Orissa : Orissa was brought under President's Rule on January 11,1971 following the
withdrawal of the Jana Congress from the Swatantra-led coalition. The Chief Minister, Mr. R.N.
Singh Deo, tendered resignation on January 9 at 8 P.M. which was accepted forthwith and the
Cabinet dissolved by the Governor, Dr. S.S. Ansari. The State remained practically without a
Government for two days during January 9-11, 1971. The advice of the Chief Minister to dissolve
the State Assembly was not accepted, and Article 356 was imposed on January 11, 1971 by
keeping the Assembly in animated suspension in order to explore all avenues of an alternative
government. Since there was unanimous opinion not to have any alternative government,
dissolution of the Legislative Assembly was proposed by the Parties in order to synchronize the
Assembly election with the mid-term poll for the dissolved Lok Sabha. A constitutional void and
administrative vacuum was created since the Government did not continue to exist from the
moment of dissolution of the Cabinet on January 9, 1971 till the proclamation of Article 356 was
made from the Rastrapati Bhawan on January 11, 1971.
The main consideration that seemed to have weighed against immediate dissolution of the
Assembly was not borne out by the political situation in the State. Under Article 356(3) of the
Constitution, an order dissolving the Legislative Assembly has to be approved by Parliament
within two months. Had the Orissa Assembly been dissolved on January 11, 1971, approval of
Parliament, Rajya Sabha, in the present case, would have been necessary by March 11,1971.
Since a session of Rajya Sabha, at a time when the results of Lok Sabha elections would be
forthcoming, would have been embarrassing, it was decided to defer dissolution by a week or so.
The new Parliament was to meet in the third week of March, and took up the Proclamation for
approval.
In that light, probably, the Governor again recommended on the President on January 20 to
dissolve the State Assembly. The President on January 24, 1971 revoked the January 11 order
under which the Assembly was suspended, and dissolved the Assembly. Thus, Orissa came under
President's Rule for the second time and came to have mid-term elections for the second time
also. Ratification of the Proclamation of Emergency by Parliament should have been completed
before March 24,1971, but a Ministry could not be formed soon after the election; the Governor
advised issue of a fresh Proclamation on March 23, 1971 which was done and the State continued
under President's Rule till Shri Biswanath Das formed a Swatantra-Utkal Congress-Jharkhand
Coalition Government on April 3, 1971.
20. Uttar Pradesh : U.P. came under a brief spell of President's Rule in the winter of 1975-76 and
this step being precipitate by purely factional politics within the ruling State Congress Party. H.N.
Bahuguna, the Chief Minister was under constant attack from the dissident party members but
continued in office as he enjoyed the confidence of the Party High Command. But on November
29, 1975, the High Command apparently wished him to step down and so on the same day he
resigned. The Governor recommended the introduction of President's Rule in the State as the
Congress Party did not elect Bahuguna's successor. On November 20, 1975 the President's Rule
was introduced in the State but the Assembly was kept under suspension. The Congress Party
elected its leader on a January 21, 1976 and the President's Rule was revoked.
21. Tamil Nadu : Tamil Nadu, which had the D.M.K. as the ruling party since 1967, came under
President's Rule on January 31, 1975, exactly 50 days . *•-„.- i-i^ ^—m^i f;,rQ ,mQT. tprm of the
State Assembly was due to expire. The280
INDIAN GOVERNMENT AND POLITICS
DMK commanded majority support in the Assembly but the decision to dissolve the DMK
Government and introduction of President's rule was taken by the Central Government on the
ground of widespread political corruption in the State.13
22. Nine Congress Ruled States. Nine State Governments were dismissed by the Janata
Government on April 30, 1977 on the ground that they have ceased to represent the people. This
conclusion was drawn on the basis of Parliamentary elections held in March 1977 in which the
Congress Party was routed.
Those 9 States (of Bihar, Harayana, Himachal Pradesh, Madhya Pradesh, Punjab, Orissa,
Rajasthan, U.P and W. Bengal) would in any case have gone to the polls in March 1977, had it
not been for the 42nd Constitution Amendment Act which extended their term to 6 years.
Moreover, the main ground on which the State Governments run by the Congress were dissolved
in 1977 was that it was they who implemented the Centre's policies depriving the people of Civil
liberties during the Emergency.
23. Manipur : President's Rule was imposed on grounds of corruption and demoralised
administration even though the Ministry continued to enjoy a 'majority' in the Assembly.
24. Nine Non-Congress Ruled States : Nine Non-Congress State Governments were dismissed
and President's Rule was imposed on February 16, 1980 by the Congress (I) ruled Central
Government. This conclusion was drawn on the basis of parliamentary elections held in January
1980 in which the Janata Party was routed. To come under the Congress (I) axe were the State
Assemblies of Bihar, Gujarat, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Tamil
Nadu and Uttar Pradesh.
Defending the dissolution Union Law Minister P. Shiv Shankar said in a statement that the Centre
had been left with no alternative. He pointed out that there was delay on the part of States ruled
by Non-Congress (I) Parties in ratifying the Constitution (45th Amendment) Bill extending
reservation of seats for Scheduled Castes and Scheduled Tribes in Parliament and State
Assemblies for 10 more years upto 1990. Further, there was a likelihood of these governments
blocking the Centre's progressive measures in future. Thirdly, according to him, the electorates in
these States had lost their confidence in their respective governments are reflected by the Lok
Sabha elections just conducted.
25. The Nagaland Judgment: President's Rule was imposed on Nagaland on August 7, 1988, the
day after the President received the Governor's report. The problem arose because 13 MLAs,
complying strictly with the terms of the Constitution, obtained the Speakers certification to form
a new Party to stake a claim to form the government without waiting for the Assembly to
reconvene on August 28, the Governor sent off his report, refusing to accept the Speaker's
certification (which Chief Justice Raghuvir, later, said, he was duty-bound to accept) and
ignoring statements recorded with the Police that the MLAs who supported the new initiative did
so of their own free will.
This should have been enough to declare the Presidential proclamation unconstitutional. After all,
it was based on a Governor's Report which was wrong on facts, irrelevant in law and
unconstitutional in effect. But the Chief Justice felt that, Parliament having approved the
Proclamation, it was now too late to order production of the materials relied upon by the
President to come to his proclamatory decision.
26. Karnataka Case (1989) : The imposition of President's Rule in Kar-nataka is indefensible by
the stretch of the constitutional imagination. The Constitution is clear. Only the Speaker can
decide whether a legislator hasPOLITICS OF PRESIDENT'S RULE IN THE STATES
281
defected from a party. Likewise, only the Assembly can determine a ministry has lost the
confidence of the legislature. In this case, the Governor usurped the role of the Speaker, and the
President appropriated the constitutional duty of the Karnataka legislature.
On April 19, 1989 Molakeri, an MLA from Bidar called on the Governor with 19 separate letters
signed by legislators announcing withdrawal of support to the Bommai Government. Instead of
referring the letter to the Chief Minister or debating whether the anti-defection law should be
invoked, the Governor took the unusual step of calling the Secretary of the Assembly to certify
the signatures of all the 19 MLAs. He then wrote a two page report to the President
recommending dissolution of the Assembly and. imposition of President's Rule in the state.
Within the next two hours, a special courier from Raj Bhawan was on board the flight to New
Delhi with a sealed package that had three copies of the Governor's Report. Since the flight
landed late at night, the letters were delivered to Rashtrapati Bhawan, the Prime Minister's office
and the Home Minister's residence the next morning.
Governor Venkatasubbiah did not just meet his obligation of sending a report to the President. He
went to the extent of issuing a press statement stating : "The Governor came to the conclusion
that the Government headed by Shri S.R. Bommai had been reduced to a minority. Action as per
the provisions of the Constitution was initiated." It appeared that the Governor had made up his
mind not to give Bommai a chance to prove his majority, either in the Assembly or in Raj
Bhawan.
By the time Bommai managed to get seven MLAs to retract their stand and reaffirm faith in his
government. He called for a short assembly session on April 27 and announced that he would
prove his majority in the Assembly. Through a telex message Bommai appealed to President R.
Venkataraman, saying that since he had summoned the Assembly he should be allowed to prove
his majority.
By the time the Governor wrote his second letter of April 19, he could only state with any
certainty that 12 legislators were unequivocally on record as defectors. Even on the Governor's
count this left the ministry with a majority of one in a 210 member house (after deducting two
vacancies, one Speaker and 12 defectors).
Not having a case on facts, the Governor moved on to conjecture. According
to him, there was "horse trading going on........(and) the atmosphere is getting
vitiated by more horse trading.......(and) is likely to be further vitiated." This
was hardly a reason for imposing President's rule and dissolving the Assembly. The Karnataka
Governor was clearly acting on behalf of the Centre and many of his actions were questionable;
(a) Why did the Governor not refer the 19 letters to the Chief Minister for his comments—which
is the normal practice? (b) Why did he send his report to the President without even informing
Bommai that he lost his majority? (c) Why did he not insist on the physical presence of all the 19
MLAs on whose behalf the letters were delivered to him by one of the former ministers? (d) Why
did he not grant Bommai's request for 72 hours to prove his majority?
There was no valid constitutional reason for imposing President's Rule in Karnataka. The
Congress Party at the Centre simply wanted to enfeeble an opposition party by demolishing its
power base in its home state. But in doing so, it has caused the Indian people to shudder in
apprehension about the future of' Parliamentary democracy and federalism. The 1980s are
witnessing a sinister revival of President's Rule against opposition governments. In 1984,
T>™oiriQr,+'= T?nlP was irrmosed in Sikkim and Jammu & Kashmir. The attempt282
INDIAN GOVERNMENT AND POLITICS
to destroy the Telugu Desam Government in 1984 was avoided only by the dramatic gesture of
bringing train-loads of Andhra legislators to camp in Delhi.
27. Karnataka Case (1990): Karnataka was brought under President's rule on October 10, 1990 in
view of a constitutional crisis following Chief Minister Patil's refusal to step down from the post
and convene a meeting of the State Congress (I) Legislature Party to elect his successor.
It was an unprecedented situation because Patil who as Chief Minister has to convene the CLP,
refused to do so and the Governor, Bhanu Pratap Singh, subsequently said he would not recognise
the validity of the CLP without the Chief Minister. And then on October 10, the late Rajiv Gandhi
(High Command) set for the election of a new Chief Minister by the CLP, President's rule was
imposed and the Assembly held in suspended animation.
The imposition of the President's Rule in a state where the ruling party enjoys four-fifth majority
was the Janata Dai's way of finally getting back at the Congress(I) for having dismissed Bommai
government in 1989. Even Governor Bhanu Pratap Singh defied convention by issuing a blatantly
political statement : "What locus standi does Rajiv Gandhi have in respect of the state
government?" He asked as if he was trying to defend the stand that Patil took. The CPM regretted
the misuse of Article 356 and L.K. Advani termed it a hasty decision. In a brutal stroke the Janata
Dal had sacrificed an ideal it fought for. The Governor should not have shown undue haste in
recommending the removal of the Government especially as it had such a majority and he could
have given time to even Patil to prove his majority in the House.
28. Tamil Nadu : The state was put under President's rule on January 30, 1991, following the
reported breakdown of the legal machinery and working of the law and order situation. The state
government was dismissed and Assembly was dissolved. Earlier during a 10 hour visit to the
capital, the Tamil Nadu Governor Mr. S.S. Barnala was stated to have strongly opposed the
centre's move to impose President's rule. He was under orchestrated pressure from important
members of the union cabinet to fall in line with the Centre's priorities Mr. Barnala stood his
ground and declined to recommend President's rule. The dismissal of an elected government of a
state by the Centre is a serious matter and at a time when the State is fairly peaceable and a
democratically elected government was firmly in command, to say that the administration could
not be carried on in accordance with the provisions of the Constitution is a clear mockery of
democratic norms and a blatant abuse of the power vested in the Centre to deal with grave crisis
and extraordinary situations.
29. Nagaland : The Central Government took action under Article 356 of the Constitution and
imposed President's rule on Nagaland on April 4, 1992 because of the breakdown of the law and
order and the fluid party position in the State. The opposition in Parliament strongly disapproved
of the action and described it as "unwarranted and indefensible, especially when the State
governor, in his report to the centre, had not recommended any such drastic action." Some M.P.'s
went to the extent of describing the Centre's action in Nagaland as 'rape of democracy in the
sensitive border state.'
30. BJP Ruled States : On December 6, 1992 the domes of Babary Masjid in Ayodhya was
demolished by Hindu fanatics. The BJP government in U.P. led by Kalyan Singh was dismissed
and President's rule was promulgated. On December 15, 1992 the BJP governments of Madhya
Pradesh, Rajasthan and Himachal Pradesh were also dismissed and President's rule was
promulgated.
A nine-judge constitutional bench of the Supreme Court observed that secularism was the basic
feature of the Constitution and any State Government which pursued actions which were contrary
to the concept of secularism did soPOLITICS OF PRESIDENT'S RULE IN THE STATES
283
in contravention of the Constitution and that was sufficient ground for proclamation of
President's rule in that state.
31. Uttar Pradesh (October 1995 and October 1996) : The Proclamation issued on 18th October,
1995 under article 356 of the Constitution in relation to the State of Uttar pradesh was revoked on
17th October, 1996. The President's Rule was re-imposed in the State on the same date keeping
the Legislative Assembly in suspended animation. The Proclamation issued under article 356 on
17th October, 1996 was revoked on 21st March, 1997 and a popular Government headed by Ms.
Mayawati assumed office.
32. Gujarat (September 1996) : The Proclamation issued on the 19th September, 1996 under
article 356 of the Constitution in relation to the State of Gujarat was revoked on the 23rd October,
1996 and a pupular Government headed by Shri Shanker Sinhh Vaghela assumed office.
33. Uttar Pradesh (October 1997): On October 19,1997 Mayawati informed Governor Romesh
Bhandari that the 67—member BSP was withdrawing support to Kalyan Singh Government. The
Governor asked Kalyan Singh to seek a vote of confidence. On 36 hours' notice Kalyan Singh
proved his majority with 222 : 0. However, the Governor Romesh Bhandari recommended for the
imposition of the President's rule in the State. Ignoring the advice of the Attorney General, the
Union Cabinet endorsed the report of the Governor.
Thanks to the sagacity of the President K. R. Narayanan, the situation "in U.P. has been saved. In
refusing to blindly accept the Union Cabinet's recommendation that Central rule be imposed in
Uttar Pradesh, the President did more than merely save a legitimate state government. While
returning back the Cabinet's recommendation, the President has fulfilled his mandate as the
constitution's ultimate keeper.
34. Bihar (September 1998): In September 1998, the majority government of Bihar headed by the
RJD narrowly escaped being dismissed under Article 356. The President returned for
reconsideration the recommendation of the union cabinet for involving Article 356 in Bihar.
There after the cabinet under the pressure of regional allies, withheld its recommendations and
did not press it once again. President K.R. Narayanan listed three grounds on which he felt the
central contention on Bihar was unacceptable. In his three page noting to the Prime Minister, he
discounted the Centre's position on worsening law and order situation. He observed that law and
order situation in some other states was also grave and prone to mafia influence. Referring to the
periodic intelligence reports he opined that in comparative analysis the law and order situation
was not bad enough to fall in the category of breakdown. Secondly, the Sarkaria Commission
Report opposed dismissal of a majority government in any state. Thirdly, the President assessed
that the Union Government did not give any warning to the "errant State Government" which has
also been mentioned in the Sarkaria Report in the Bommai case, the supreme court said that the
centre must "warn an errant state in specific terms."
Despite President's disbelief there is something rotten about the State of Bihar. Where else would
a State government be confronted with a multiplicity of seams involving misappropriation of
nearly Rs. 2,870 crore of public funds? where else would a bankrupt government look on with
brazen unconcern at some 1,200 strictures of judicial contempt and 2,186 pending contempt case?
And where else would a government-claim normalcy with extremist groups running parallel
administrations in nine districts? "Without any disrespect to the judiciary", Home Minister L.K.
Advani told, "if the courts take a view that Article 356 does not apply to Bihar then I would vote
for scrapping the provision284
INDIAN GOVERNMENT AND POLITICS
35. Goa (February, 1999): With the Falerio Ministry reduced to a minority, the Governor Lt.
General (Retd.) J. F. R. Jacob recommended President's rule in February 1999 when he realised
the leading parties—the Congress, GRC and the Maharashtrawadi Gomantak Party—did not have
the necessary numbers for a majority in the Assembly over the past six months, the sea front state
has seen three governments and had the BJP-Goa Rajiv Congress negotiations not failed was
poised for a fourth. At the root of the farce is a split in the Congress and the arrival of defections
to Goan public life.
36. Bihar (February, 1999) : Following incessant caste clashes and widespread lawlessness in
the state, in February 1999, the Centre was left with no option but to once again push President's
rule. The news of the Narainpur massacre reached Delhi, the Union Cabinet decided that the time
had finally come to sign the Rabri Government's death warrant. The President consulted his aides
while closely scrutinising the Centre's case. Later on February 12, 1999, the Rabri Government
was dismissed and the Assembly kept under suspended animation on February 26, 1999,
following on President's Rule in Bihar, the Lok Sabha approved the imposition of President's rule
in the state on March 4, 1999, the opposition stalled the proceedings in both the Houses of
Parliament over the Government's failure to table the resolution on imposition of President's rule
in Bihar in the Rajya Sabha. On March 8,1999 the President, Shri K. R. Narayanan revoked
Central Rule in Bihar and on March 9, 1999 Smt. Rabri Devi was sworn in as the Chief Minister.
37. Manipur (June, 2001): In the farthest Northeast of India lies the State of Manipur. On June 2,
2001, President's Rule was imposed on the state. Created as a fullfledged state in 1971, it has
known troubled times. Even before its formation, Manipur had been under President's Rule as a
union Territory in 1967-68 and again from 1969. No sooner was it born, it was placed under
President's Rule from January 21 to March 20, 1972. Later on the state came under President's
Rule in March 1973, in 1977, in 1979-80, in 1981, in January 1992 and again on December 31,
1993.
Manipur's politics has been full of conspiracies, crises, disloyalties and defections. Between
November 2000 and February 2001, the Congress (I) was crippled by defections. A new Samata
Party led Government was born under Mr. Radhabinod Koijam. But in May 2001, the new
Speaker forced a further defection to form the progressive Manipur State Congress Party. Then
Mr. Dorendra Singh entered the fray to enable 18 MSCP legislators to join the existing BJP
members to create a powerful block called the progressive Democratic Alliance. The fate of
Koijam's Ministry was sealed. Oddly enough, this was at the hands of its own BJP allies who
voted him out of power on March 21, 2001, by 39 votes to 17 in a 60 members Assembly, with
one seat vacant. The Samata Party's only State Ministry was thrown out by its own Union
Government ally.
This is an example of using President's Rule to resolve internal party political problems. The BJP
and the Samata Party had a majority but refused to honour their constitutional obligations and
prevented others from doing so. Instead, they have chosen to invoke President's Rule, and
suspended the Assembly until they are ready and rule Manipur directly from the centre.
38. Uttar Pradesh (March, 2002) : After the U.P. Vidhan Sabha elections of February 2002 no
political party was in a position to form the Government although the Samajwadi Party emerged
as the largest party in the new Assembly. The Central rule was imposed on March 8, 2002 and
State Assembly was kept under suspended animation. The State remained under President's rule
uptoPOLITICS OF PRESIDENT'S RULE IN THE STATES
285
May 3, 2002 when BSP leader Mayawati formed coalition government of BSP-BJP.
President's Rule : Grounds of Misuse
The provision dealing with the failure of the constitutional machinery in the States was not only used too
frequently but also many a time it was used on the grounds which cannot be justified. It has been misused
for dismissing State Ministries having the confidence of the respective House 14 on the grounds which were
partisan, most unconvincing and unjustified. To illustrate :
1. Gian Singh Rarewala in PEPSU was dismissed on the grounds that
(a) there was no law and order in the State because, the cultivators did not pay rent, hands of a boy were
chopped of, dacoities were committed in daylight;
(b) the House was adjourned by the Speaker on the request of Chief Minister;
(c) some members had crossed floor; (d) election petition against 15-20 persons were pending in the court;
(e) the Chief Minister has been unseated; and (f) there was slander majority of the United Front in the
Assembly (26 out of 45).
2. E.M.S. Namboodiripad was dismissed15 because his government (a) remitted the sentences of
certain criminals, (b) interfered in the course of administration in general and with the course of judicial
administration in particular, (c) asked the police not to interfere in labour vs. management disputes unless
there was breach of peace, (d) transferred some officers and suspended a few others, (e) denied money to
certain co-operative societies, (f) arrested the agitators, and (g) collected rupees twenty-five lakhs for party
funds.
3. Rao Birendra Singh in Haryana was dismissed16 because (a) the size of the ministry was too large,17 (b)
there was interference of MLAs in the administration, (c) Thirty members had defected one way or the
other and some of them had defected more than once which had made a mockery of democracy, 18
(d) defections were secured by not too honourable means, 9 (e) there was political instability in the State.
4. The Charan Singh Ministry in U.P. was dismissed because he refused to resign when asked by the
Governor to do so after the withdrawal of support by the Congress (O) the so-called major partner.
5. The Government of Karunanidhi in Tamil Nadu was dismissed because (a) there were certain charges of
corruption against the Ministry, (b) emergency powers were misused, and (c) demand for state autonomy
was made.
6. Nine State governments (Congress ruled) were dismissed by the Janata government (1977) on the ground
that they have ceased to represent the people.
7. The Government of Dev Raj Urs in Karnataka was dismissed on the ground that he had ceased to
command the confidence of the Assembly. This was done in spite of the fact that the Assembly was to meet
just after three days.22
8. There was a dissolution of the nine State Assembly (1980) by the Congress (I) government not because
there was a failure of constitutional machinery or that a situation had arisen in which the government of the
State could not be carried on in accordance with the provisions of the Constitution or on the basis of the
Governor's report; but because politically it was expected to instal Congress (I) governments after holding
fresh elections.
The proclamations issued by the Janata Government (1977) and the Congress Government (1980) were not
based on any report from the Governor of the States.
A full KOT^
nftVic l\/Tor11-.-.ro Pr-o
H4 rrU
,v+ r,+ l^ 286
INDIAN GOVERNMENT AND POLITICS
State. The judgment said that the state Governor, in his report recommending the imposition of
President's rule in the State, had failed to substantiate how the constitutional machinery in the
State had broken down.
A nine-judge constitutional bench of the Supreme Court, however, upheld the validity of the
proclamation of President's rule in the States of Madhya Pradesh, Himachal Pradesh and
Rajasthan. However, the bench held that similar imposition of President's rule in Nagaland
(1888), Karnataka (1989) and Meghalaya (1991) were unconstitutional.
The dismissal of the State Governments on the ground that some of the MLAs interfered in State
administration, some dacoities were committed in daylight or the size of the ministry was large
and some defections had taken place or the Chief Minister refused to resign when its major
partner withdrew support or in the opinion of the Governor the Chief Minister ceased to
command the confidence of the House when the session was to begin just after three days, cannot
be justified because these are not the examples of the failure of the constitutional machinery.
Decision-making in regard to the Proclamation of Article 356 reveals the absence of the element
of subjectivity on the part of the President. The inaction of the President after the Fourth General
Elections has been much criticised. The S.V.D.of the Rajasthan Legislative Assembly in a bid to
establish its right to form the Ministry, paraded 93 MLAs as its supporters out of a total strength
of 184 before the President, Dr. Zakir Hussain, for his personal verification. The President
behaved as a helpless spectator of the political drama being enacted before his eyes in the
Rashtrapati Bhawan.
The main point of criticism with regard to the use of Article 356 is that, more often than not, it
has been interpreted and applied differently in similar situations to suit the political interests of
the party in power at the Union. It has been alleged that, motivated by such extraneous
considerations :
(i) Opposition Parties or groups had not been given a chance to form
alternate government. (ii) Legislative Assemblies were dissolved or kept in state of suspended
animation. (iii) President's Rule was used for partisan purposes like buying time to
realign party strengths or sorting out intra-party differences or for
resolving leadership crisis, etc. (iv) President's Rule was used to dislodge State Governments run
by
parties or coalitions other than the party in power at the Union, on
plea of corruption, political instability, maladministration, unhappy
state of law and order, etc. even though they commanded the confidence
of their respective Assemblies.
USE OF ARTICLE 356 : SARKARIA COMMISSION'S OBSERVATIONS
The Commission on Centre-State Relations examined the various cases of the use of Article 356
and reported.23
(A) When Ministry Commanded Majority
President's Rule was imposed in 13 cases even though the Ministry enjoyed a majority support in
the Legislative Assembly. These cover instances where provisions of Article 356 were invoked to
deal with intra-party problems or for considerations not relevant for the purpose of that Article.
The Proclamation of President's Rule in Punjab in June 1951 and in Andhra Pradesh in January,
1973 are instances of the use of Article 356 for sorting out intra-party disputes. The imposition of
President's Rule in Tamil Nadu in 1976 and in Manipur inPOLITICS OF PRESIDENT'S RULE IN THE
STATES
287
1979, were on the consideration that there was maladministration in these
States.
(B) Chances not given to alternative Government
In as many as 15 cases, where the Ministry resigned, other claimants were not given a chance to
form an alternative government and have their majority support tested in the Legislative
Assembly. Proclamation of President's Rule in Kerala in March 1965 and in Uttar Pradesh in
October 1970 are examples of denial of an opportunity to other claimants to form a Government.
(C) No Caretaker Government formed
In three cases where it was found not possible to form a viable government and fresh elections
were necessary, no caretaker Ministry was formed.
(D) President's Rule inevitable
In as many as 26 cases (including three arising out of states Reorganisation) it would appear that
President's Rule was inevitable.
SUGGESTIONS BEFORE THE COMMISSION
The Commission on Centre-State Relations (Sarkaria Commission) received valuable suggestions
from the State Governments and many eminent persons. These cover a wide range dealing with
the scope of Article 356 and the safeguards to be built into the system, to prevent misuse of the
same. Some State Governments and others have suggested that the Inter-State Council should be
consulted before a proclamation under Article 356 is issued. One State Government has
suggested that Article 356 should be amended to provide for prior approval of the Inter-State
Council or its standing Committee. It is suggested that, before sending his report, the Governor
should communicate it to the State Government and obtain its comments. Again, before issue of a
proclamation, the President should convey the reasons for the action contemplated and take into
consideration the clarifications of the State Government before taking a final decision to impose
President's rule.
Among the suggestions received, some seek to restrict the scope of Article 356 only to a serious
breakdown of law and order paralysing the State administration and where the State Government
lacks the will and capability to meet the situation. Some others are of the view that action under
Article 356 may also be taken where there is a complete failure to induct a government which can
command a majority in the State Legislature.
RECOMMENDATIONS OF THE COMMISSION ON CENTRE-STATE RELATIONS
Past experience testifies to the flagrant misuse of the power to impose President's rule. Dr.
Ambedkar who fondly hoped in the Constituent Assembly that Article 356 would remain a dead
letter would have been horrified at the spectacle of imposition of President's Rule on more than
112 occasions in the last 50 years. It is essential that proper parameters and safeguards for the
exercise of this extraordinary power are devised and enforced. For that reason the report of the
Sarkaria Commission pertaining to the imposition of President's Rule in a State is of the utmost
significance. The main recommendations of the commission are as follows :
1. Article 356 should be used very sparingly, in extreme cases, as a measure of last resort, when
all available alternatives fail to prevent or rectify the breakdown of the constitutional machinery.
All attempts should be made t.n rpsnlvp +li<=» fvicic Q+ fVia Q+o+r. l,-.-.™! u f----J—i--—_________INDIAN
n

GOVERNMENT AND POLITICS____________________________

these alternatives will depend on the nature of the constitutional crisis, its causes and
exigencies of the situation.24
2. A warning should be issued to the errant State, in specific terms, that it is not carrying
on the Government of the State in accordance with the Constitution. Before taking action
under Article 356, any explanation received from the State should be taken into account.
However, this may not be possible in a situation when not taking immediate action
should lead to disastrous consequences.25
3. When an 'external aggression' or 'internal disturbance' paralyses the State
administration creating a situation drifting towards a potential breakdown of the
constitutional machinery of the State, all alternative courses available to the Union for
discharging its paramount responsibility under Article 355 should be exhausted to contain
the situation. 4. In a situation of political breakdown, the Governor should explore all
possibilities of having a government enjoying majority support in the Assembly. If it is
not possible for such a government to be installed and if fresh elections can be held
without avoidable delay, he should ask the outgoing Ministry, if there is one, to continue
as a caretaker government, provided the Ministry was defeated solely on a major policy
issue, unconnected with any allegations of maladministration or corruption and is
agreeable to continue. The Governor should then dissolve the Legislative Assembly,
leaving the resolution of the constitutional crisis to the electorate. During the interim
period, the caretaker government should be allowed to function. As a matter of
convention, the caretaker government should merely carry on the day-to-day government
and desist from taking any policy decision.26
If the important ingredients described above are absent, it would not be proper for the
Governor to dissolve the Assembly and install a caretaker government. The Governor
should recommend proclamation of President's Rule without dissolving the Assembly.
5. Every proclamation should be placed before each House of Parliament at the earliest,
in any case before the expiry of the two months period contemplated in clause (3) of
Article 356.
6. The State Legislative Assembly should not be dissolved either by the Governor or the
President before the proclamation issued under Article 356(1) has been laid before
Parliament and it has had an opportunity to consider it. Article 356 should be suitably
amended to ensure this.27
7. Normally, the President is moved to action under Article 356 on the report of the
Governor. The report of the Governor is placed before each House of Parliament. Such a
report should be a 'Speaking document' containing a precise and clear statement of all
material facts and grounds on the basis of which the President may satisfy himself as to
the existence or otherwise of the situation contemplated in Article 356.
Normally, President's Rule in a State should be proclaimed on the basis of the Governor's
report under Article 356(1).
Statement of all the basic facts in the Governor's report and its publication has become all
the more necessary after the Forty-fourth Amendment of the Constitution which has
removed the bar to the jurisdiction of the courts from the Article.POLITICS OF PRESIDENT'S
RULE IN THE STATES
289
The Governor's report on the basis of which a Proclamation under Article 356(1) is issued should
be given wide publicity in all the media and in full.
8. To make the remedy of Judicial review on the ground of malafides a
little more meaningful, it should be provided, through an appropriate
amendment, that, notwithstanding, anything in clause (2) of Article 74
of the Constitution, the material facts and grounds on which Article
356(1) is invoked should be made an integral part of the Proclamation
issued under that Article. This will also made the control of Parliament
over the exercise of this power by the Union Executive, more effective.
Despite bitter historical experience the Commission has not recommended,
and rightly in view of the present national context, deletion of Article 356. It
has emphasised that Article 356 should be used very sparingly and as a measure
of last resort in case of genuine breakdown of constitutional machinery in a
State.29
The real value of the report lies in its recommendations to ensure proper application of Article
356. The first set of recommendations is to ensure greater Parliamentary control by providing that
the State Legislative Assembly should not be dissolved before Parliament has had an opportunity
to consider the Presidential proclamation and that upon requisite notice given to the speaker a
special sitting of the House shall be held within 14 days from the date of the receipt of the notice
and President's rule shall be revoked if the House passes a resolution disapproving it. 30
More significant and invaluable are its recommendation to ensure effective judicial review of the
proclamation imposing President's rule in a state. Firstly, that the report of the Governor on the
basis of which Presidential action is taken should be a 'speaking document', that is, it should
contain a precise and clear statement of all material facts and grounds which form the basis of the
President's satisfaction as to existence or otherwise of the situation contemplated in Article 356.
Next, the information received by the President and on which he can also act independently of the
Governor's report must not be vague or wholly irrelevant. In brief, the material facts and grounds
on which President's rule is imposed should be made an integral part of the Presidential
Proclamation.
Again, according to the present state of the law, the President's satisfaction under Article 356 is
not immune from judicial review. The Supreme Court in the case of State of Rajasthan us. Union
of India rejected the argument that questions about the validity of President's rule are 'political'in
nature and ruled that the issue is justiciable. Justice Bhagwati in his later judgment in Minerva
Mills has categorically observed that even a Proclamation of Emergency under Article 352 is
justiciable and the court cannot "decline to examine whether in a given case there is any
constitutional violation involved."
The other suggestion by the Commission that action under Article 356 should be preceded by a
prior warning to the State Government to correct itself, apart from accepting Dr. Ambedkar's
thinking in the Constituent Assembly, is really an endorsement of the basic principle of fair play.
These recommendations are in keeping with fundamental and salutary principles underlying any
civilised jurisprudence. Their adoption will ensure that Article 356 'a giant which should be
watched carefully', will subserve the
" T • i •. .L_ j i___ j-i-- m------j;___w_j.i------- TJ- ...411 290
INDIAN GOVERNMENT AND POLITICS
also restore some elements of constitutional normality which is the imperative need of the hour.
Measures to prevent misuse of Article 356 were discussed at length by the standing committee of
the Inter-State Council in the year 1997. However, no consensus could emerge in the meetings of
the standing committee. 31 The Council decided to refer the matter back to the sub-committee,
constituted by the Standing Committee in its sixth meeting to evolve consensus formats for
consideration in the Standing Committee.32
In the fifth meeting of the Inter-State Council (January 1999) the Prime Minister Atal Behari
Vajpayee advocated "Wider debate and consultation" to secure a consensus on application and
scope of Article 356 of the Constitution empowering the centre to dismiss State governments.
Punjab Chief Minister Prakash Singh Badalstrongly opposed Article 356 of the Constitution and
said it should be scrapped to create better Centre-State relations. The Chief Ministers of Madhya
Pradesh and Andhra Pradesh favoured strict safeguards against the misuse of Article 356 of the
Constitution. Gujarat Chief Minister Keshubhai Patel pleaded for retention of Article 356 of the
Constitution enabling the centre to dismiss a State government saying such a provision was
necessary to ensure unity and security of the country. The general consensus strongly favoured
formulation of adequate safeguards against misuse of emergency provision of Article 356 of the
Constitution.33
The Supreme Court Judgment and Article 356 [In S. R. Bommai vs. Union of India]
In S. R. Bommai vs. Union of India (AIR) 1994 SC 1918 (March 11, 1994) a nine-judge
Constitutional Bench of the Supreme Court has rightly observed34 :
(a) that the President's power under Article 356 was subject to judicial review.
(b) The power of the President under Article 356 was "conditioned and not absolute," The
President had to specify as to under which clause of Article 356(1) he was exercising his powers,
(c) It was open for the Court to call for the material and the basis on which £he advice of the
Central Council of Ministers was tendered for issuance of the proclamation by the President in
appropriate cases. (d) It was not open to the President to dissolve a State Assembly after issuing a
Proclamation dismissing the government till the Proclamation was duly ratified by both Houses
of Parliament within the stipulated period as provided in the Constitution.
. Article 356 was invoked in the following instances after the Sarkaria Commission Report was
submitted : (a) Assam (27.11.1990—deterioration of the law and order situation), (b) Nagaland
(2.4.1992—fluid party position and deteriorating law and order situation), (c) Nagaland
(7.8.1988), Karnataka (21.4.1989) and Meghalaya (11.10.1991) these three cases are dealt with
by the Supreme Court in S. R. Bommai and held to be totally unconstitutional and supportable.
The Supreme Court proceeded to precisely check this abuse through its decision in S.R. Bommai.
Though in the said decision no effective relief could be given to the state governments and the
Legislative Assemblies which were wrongly dismissed/dissolved in view of the fact that pending
the proceedings in the courts fresh elections were held in those states, yet the court put the
Central Government on notice that in case of a wrong dismissal of the State Government and/or a
wrong dissolution of the Legislative Assembly, the court does have the power and that it will not
hesitate, to restore such Government/Assembly back

i POLITICS OF PRESIDENT'S RULE IN THE STATES

291
to life. The result has been that since the said decision, the use of Article 356 has drastically come
down. Indeed in the year 1999 when the Central Government recommended to the President to
dismiss the State Government in Bihar, the President called upon the Central Government to
reconsider the matter in the light of the principles enunciated in the said decision. On a
reconsideration of the matter, the Government withdrew the proposal. We may also refer to yet
another decision where the Governor of U.P. chose to dismiss arbitrarily the State Government
without allowing the government to test its majority on the floor of the House. Following the
principles enunciated in S. R. Bommai, the Allahabad High Court restored the dismissed
Government to its office.35
REPORT WANTS AMENDMENTS TO ARTICLE 356
The National Commission to Review the working of the Constitution, headed by the former Chief Justice
of India, Mr. Justice M. N. Venkatachaliah, in its Report, has suggested wide-ranging amendments to
Article 356 of the Constitution. The Commission sought to correct several anomalies surrounding the
crucial issue. Referring to Article 356, the Report suggested approval of the proclamation by both Houses
of Parliament.
It expressed the view that before issuing the Proclamation, the President/Centre should indicate to the State
Government the matters wherein the State was not acting in accordance with the provisions of the
Constitution and give it a reasonable opportunity to redress the situation.
The proclamation must contain by way of an annexure the circumstances and grounds, specifying the
situation where the governance of the State cannot be carried on in accordance with the provisions of the
Constitution.
Whether the State Ministry has lost the confidence of the Legislative Assembly or not should be decided
only on the floor of the Assembly and nowhere else. If necessary, the Centre should take steps to enable the
Assembly to meet and freely transact its business. The Governors should not be allowed to dismiss
Ministries so long as they enjoyed the confidence of the House.
The Report commended and reiterated some of the vital recommendations of the Sarkaria Commission
regarding Article 356. Among other things, the Sarkaria panel had suggested that the Article be sparingly
used, a warning should be issued to the errant State in specific terms and safeguards should be incorporated
in the provision.
"Article 356 should not be deleted. But it must be used sparingly and only as a remedy of the last resort and
after exhausting action under other articles like 256, 257 and 355."
"Normally, President's Rule in a State should be proclaimed on the basis of Governor's Report under
Article 356(1). The Governor's Report should be a "speaking document", containing a precise and clear
statement of all material facts and grounds, on the basis of which the President may satisfy himself, as to
the existence or otherwise of the situation contemplated in Article 356."
"Article 356 should be amended so to ensure that the State Legislative Assembly should not be dissolved
either by the Governor or the President before the proclamation issued under Article 356 (1) has been laid
before Parliament and it has had an opportunity to consider it."292
INDIAN GOVERNMENT AND POLITICS
TABLE 2 : PRESIDENT'S RULE (1951—2004)
SI No. of Times <?/ No. of Times
Ol.
No. State 1 Union Territories Article 356 in- State/Union Territories Article 356 in-
No.
voked voked
1 2 3 1 2 3
1. Andhra 1 16. Mizoram 3
2. Andhra Pradesh 1 17. Meghalaya 1
3. Arunachal Pradesh 1 18. Nagaland 3
4. Assam 5 19. Orissa 1
5. Bihar 8 20. Patiala and East Punjab
6. Goa 3 Union (PEPSU) 1
7. Gujarat -" 5 21. Pondicherry 4
8. Haryana 3 22. Punjab 8
9. Himachal Pradesh 2 23. Rajasthan 4
10. Jammu & Kashmir 3 24. Sikkim 2
11. Karnataka 4 25. Tamil Nadu 4
12. Kerala 10 26. Tripura 4
13. Madhya Pradesh 3 27. Uttar Pradesh 11
14. Maharashtra 1 28. West Bengal 4
15. Manipur 10
REFERENCES
1. The Commission on Centre-State Relations Report, Part-I (Govt. of India, 1988), p. 166. And Arshi Khan,
"Politics of President's Rule Versus Federal Governance," Mainstream, October 17,1998, pp. 19-20.
2. Article IV of the Constitution of the U.S.
3. W.E. Binkley and M.C. Moss, A Grammar of American Politics (New York, 1949), p. 91.
4. M.V. Pylee, "The States under Constitutional Emergency", in S.A.H. Haqq, ed., Union-State Relations (Meerut,
1967), p. 79.
5. D.D. Basu, Commentary on the Constitution of India (Calcutta, 1964), Fourth edition (Volume V), p. 180.
6. The Statesman. (Calcutta), March 30, 1956.
7. Ibid., July 7, 1959.
8. Amal Ray, Inter-Govetnment Relations in India (Calcutta, 1966), p. 110.
9. G.L., Banerjee, Speaker's Ruling (Calcutta, 1967), pp. 31-33.
10. There was a talk of impeaching the President by the U.F. Leaders on this action of his in case of West Bengal.
11. S.C. Kashyap, The Politics of Defection (New Delhi, 1969), pp. 193-94.
12. The Leaders of B.K.D., S.S.P., Congress (O), Swatantra and Jana Sangh in Parliament voiced their protest against
the imposition of President's Rule in U.P. H.V. Kamath suggested a united opposition effort to defeat the Government's
resolution seeking approval of President's Rule in Lok Sabha.
13. Shri Ram Maheshwari, President's Rule in India (New Delhi 1977), p. 107.
14. They were the Ministries of Gyan Singh Rarewala in PEPSU in 1953, of E.M.S. Nam-boodiripad in Kerala in
1959, of Rao Birendra Singh in Haryana in 1967, of Charan Singh in U.P. in 1970, of Karunanidhi in Tamil Nadu in
1976. All of them were the non-Congress ministries and they were dismissed when the Congress Party was in power at
the Centre. After coming of the Janata Party in power at the Centre nine of Congress Ministries of Punjab, Haryana,
U.P., Bihar, West Bengal, M.P., Rajasthan and Himachal Pradesh were dismissed on Arpil 30, 1977.
15. B.N. Datar, Rajya Sabha Debates, Vol. XXVI, Part-I, 1969, Cols. 1552-69. 16^ The Tribune, November 22,
1967, p. 1.
17. In the same state of Haryana and with the same Governor in office there was a Ministry of 20 in 1971. Could the
Ministry of 20 be small and that of 22 large to the extent of being dismissed on this ground.
18. It is important to note that in Haryana the Ministry was dismissed in order to discourage defections and
surprisingly in West Bengal on the same day, the Ministry of P.C. Ghosh wasPOLITICS OF PRESIDENT'S RULE IN
THE STATES
293
installed in office which included all the defectors. Seven days later, that is on November 27, another ministry
consisting of all the defectors was installed in Punjab, headed by L.S. Gill.
19. In Haryana, the same Governor was silent when 8 defectors were made Ministers in 1968 and 6 other defectors
were given the offices of profit carrying an honorarium of Rs. 800-1,000 p.m. in addition to a Government car or a
travelling allowance of Rs. 150 in lieu thereof.
20. There were corruption charges against Bansi Lai in Haryana and Dev Raj Urs in Karnataka, but they were not
dismissed.
21. The demand for state autonomy was not a new demand and Tamil Nadu government had been making this
demand since 1967.
22. The Hindustan Times, December 29, 1977, p. 1.
23. The Commission on Centre-State Relations Report, Part-I, p. 177.
24. Ibid., p. 178.
25. Ibid., p. 178.
26. Ibid., p. 172.
27. Ibid., p. 176.
28. Ibid., p. 177.
29. Soli J. Sorabjee, "Sarkaria Report and Central Rule," The Indian Express (New Delhi), February 9, 1988.
30. Ibid.
31. Annual Report 1997-98, Government of India, Ministry of Home Affairs, Department of Internal Security, States
and Home (New Delhi), p. 45.
32. Annual Report 1999-2000 (Ibid), p. 53.
33. The Hindustan Times, January 23, 1999.
34. Arshi Khan, n. 1, p. 20.
35. National Commission to review the working of the constitution. The consultation paper on Article 356 of the
Constitution. Chapter 25
THE PARTY SYSTEM AND
POLITICAL DYNAMICS OF INDIAN
FEDERALISM
The essence of federalism lies not in the constitutional or institutional structure but in the society
itself. Federal government is a device by which the federal qualities of the society are articulated
and protected.1 Federalism as a political theory is based on the principles of relativity and
empiricism or pragmatism. It provides for the creation of various kinds of unions and the actual
shape of a federal scheme depends upon the pattern of social differentiation and the working of
the party system. The latter by determining the urges for maintenance and articulation of local
diversities and shaping the consensus formation in a particular way, determine the operational
structure of federalism. According to Ricker:
"Whatever the general conditions, if any, that sustain the federal bargain, there is one institutional
condition that controls the nature
of the bargain in all the instances......This is the structure of the party
system, which may be regarded as the main variable intervening between the background social
conditions and the specific nature of the federal bargain."2
Of the numerous political factors, such as pressure groups, elite groups, political attitude and
political movements, party system is probably the most important factor in the federalising
process. In fact, the relationship between the two levels of the federal system are dependent on
the kinds of relationships that the members of the parties at both levels establish with one another.
Often in the federal system the party members operating the governmental structure at the federal
level are co-partisans of those operating the structure at the regional level. In such instances,
informal party relationships become important for the development and working of the federal
system. At other times, the ruling parties at the regional level may be opponents of the party in
power at the national level. The rivalry between the parties can be an important factor in
determining legislative, administrative and even financial relations between the two sets of
government.
FEDERALISM AND POLITICAL PARTIES
The evolution of a constitutional system is generally shaped by the historically set character of
the party system in operation in the country concerned. The nature and shape of a federal Union is
largely determined by political parties which are in turn affected by the federal structure. In
federal countries political parties tend towards parallelling the governmental set-up; in Switzer-
land parties are primarily organised on the basis of the canton and in the United THE PARTY SYSTEM
.... DYNAMICS OF INDIAN FEDERALISM
295
States, they are federations of state parties. "Decentralization and lack of cohesion in the party
system" is the natural outcome of "the structural fact of federalism." 4
In every federation, outside the pole of constitutional federalism and in fact as parallel to it, there
exists a political federalism in which the leaders of various political parties—both national and
regional—continue to function as decisive agents in determining the real nature of the federal
system. The operation and effectiveness of a federal system depends very little on the basic law,
though the constitutional restraints are important. It depends largely upon the pattern of party
system within each federation. In a country where a single party is in power both at the Centre
and in the States, an alternative and extra-constitutional channel develops for the operation of
inter-governmental relations. It also leads to a high degree of centralization in the working of
federal structure. On the other hand, any preponderance and dominance of regional parties makes
the operative machinery of federalism more decentralized than provided for the basic law.
The regional parties in a federation give strength to the theory of states' rights and create an
awareness of regional demands. They help in maintaining the balance between the Centre and the
States and in the federalising process. If a party which believes in comprehensive economic and
social planning in a federation comes to power at the Centre, the effect would be to augment the
legislative, executive and financial powers of the national government and strengthen the national
leadership as planning requires highly centralised decision-making machinery in both political
and economic spheres. It would also distort the financial balance between the Centre and the
Units and lead to increased dependence of the latter on the former for financial assistance and
may, in turn, reduce the states' autonomy.
INDIAN FEDERAL POLITY : WORKING DEFINITIONS
There is no doubt that the constitutional framework of a federal polity has a bearing on the pattern
of organisation and the styles of the operation of political parties. However, most of the studies
undertaken hitherto have focussed their attention on the juridical interpretation of the Indian
Constitutional framework following the lead of K.C. Wheare.5 Or if they have taken account the
fact of the interaction between the party system and the federal system, they have noted the fact
of the dominance of a single party and without going into actual styles of operation of the
dominant party system in a federal polity have tended to conclude that it has led to
unitarianism.Wheare's notion of 'perfect independence'6 for the two levels of government in a
federal system and his characterization of the Indian federalism as a unitary state with susbsidiary
federal features is no longer valid. To him, a two party system was essential for the successful
functioning of the federalistic structure. Such notions derived on the basis of the studies of
working of federal systems in the developed countries are no longer acceptable. Even the
definition given by A. H. Birch that federal system of government is one in which there is a
division of power between one general and several regional authorities, each of which, in its own
sphere is co-ordinate with others, and each of which acts directly on the people through its own
administrative agencies, is difficult to sustain. That is why M.J.C. Vile observes, "Federalism is a
system of government in which neither level of government is wholly dependent on the other nor
wholly independent of the other."7 Instead he lays stress on the "mutually interdependent political
relationship" between the central and regional authorities. In fact, INDIAN GOVERNMENT AND
POLITICS
_____,,,,i_n i «NU POLITICS
is that form of political system (on a nation state) in which the institutions, values, attitudes and patterns of
political action operate to give autonomous expression both to the national and political system and
political culture and to the regional political sub-systems (defined primarily by ethnic-linguistic factors).
The autonomy of each of these systems and sub-systems is counter-balanced by mutual interdependence.
This balance maintains the over-all unions. INDIAN FEDERALISM AT WORK : MONOLITHIC IN
PRACTICE In the party system as it has been developing in India, a single party has without any doubt
attained the position of dominance. In 1952, the Indian National Congress won absolute majority in 18 out
of 22 State Assemblies. Even in remaining four states (Madras, Orissa, Travancore-Cochin and PEPSU), it
formed the largest single party. In the Second General Elections in 1957, it was returned with absolute
majority in 11 States out of 14. In the Third General Elections held in 1962, the Congress retained its
absolute majority in 12 out of 14 States. The elections in 1967 did change this pattern and it began to be
asserted that the dominance of the Congress was on the way out. However, the mid-term elections for the
Lok Sabha in 1971 and the elections for the State Assemblies in 1972 have once again re-established its
position of dominance. After the results of 1977 elections of the Lok Sabha and State Assemblies, the
system was politically converted into the federal system. The Janata Party was at the Centre and various
regional parties were at the periphery. It is correct to maintain that the Janata experiment collapsed because
the constituent groups and their leaders had varied political background and diverse social perspectives.
They were involved in making alliances and coalitions to dominate the party and not to integrate it into a
whole. The party-government relationships were strained because groups within the Janata Party were
pulling in diverse directions. However, the spectacular success achieved by the Congress in the 1980 and
1984 Lok Sabha Elections and the elections to the Legislative Assemblies in some of the States held in
March 1980 and March 1985 has once again established the dominance of the Centre,
The party system has played an important role in altering the environment of Indian federalism. With a
brief interval from 1967-70, 1977-79, 1989-91, and 1996-99, it operated as one of the inward pulling forces
in the Indian federation. The multiplicity of governments was obscured from view by the fact that the
Congress, effectively controlled by its central leaders, was in power in almost all of them during this
period. This gave the Indian federation the appearance of a unitary structure.
In order to understand this aspect of central control, it is necessary to analyse in brief the essence of the
party organisation of the Congress. It is a graded organisation with Mandal Committees forming the base
and All India Congress Committee constituting the summit. But in the Congress hierarchy it is the
Congress Working Committee responsible to the AICC which is the wielder of real authority. The
Congress Working Committp<= rrwn\ -known as the Congress Hicrh rw- —
wielder of real a^^^"*** responsible to tlTe ^CTVT*^
___~* ui iBfc u __„ ,,viru.ng committee (CWC) popularly
known as the congress High Command, is "the highest executive authority of the Congress." It
has "power to carry into effect the policy and programme" of the Congress and "to issue
instructions" and "to superintend, direct and control all Pradesh Congress Committees." 8 Another
powerful organ of the Congress is the Central Parliamentary Board (CPB) which is set up by the
Working Committee "for the purpose of regulating and co-ordinating parliamentary activities of
the Congress legislature parties."9 Central control over the StateTHE PARTY SYSTEM .... DYNAMICS OF
INDIAN FEDERALISM
297
governments at party level is ensured through the CWC and the CPB, particularly the former.
Both in the CWC and CPB a large number of the members of the Union Council of Ministers
have been included. Hence, the Working Committee and Parliamentary Board are essentially an
adjunct of the Central Government.
The party resolutions which command the Congress Governments in the States to pursue certain
policies, are practically those which have been passed by the Working Committee, and obviously,
they reflect the thinking of the Central Government. Hence, the norms for action by the Congress
Governments in the States are largely set by the Working Committee. The basic policies are
evolved at the top of the party organisation which are passed on the State governments for
elaboration and implementation. For instance, the resolution on land reforms passed by the
Congress at its Nagpur session in 1959, enjoined the Congress governments in the States to set up
Village Panchayats and village co-operatives, to organise service co-operatives, and to fix
ceilings on existing and future land-holdings through appropriate legislation. But this land
reforms policy did not emanate from the initiative of the State units in the party; it was evolved
by the Congress High Command.
Another party organ which facilitates Central control is the Parliamentary Board to which a
reference has already been made. It instructs the leaders of the legislative parties in the States on
the composition of the State cabinets, and has power to reject any name sent by a state Chief
Minister for inclusion in his cabinet, as it did in the case of Maqbool Ahmed who was sought by
the Chief Minister of Bihar to be included in his cabinet. As an instance of powerful Central
intervention through the Parliamentary Board, we may recall the 'Katju episode' in Madhya
Pradesh. In 1957, after the death of Chief Minister Shukla, K. N. Katju, a stranger to Madhya
Pradesh politics and a Union Minister at the time "was ushered in as Chief Minister of Madhya
Pradesh under central direction."
It is relevant to note that the Congress Party has been a highly centralized organisation. State
units have had little freedom to take decisions on their own. Though for example the State
Committees took the first step in nominating candidates for election to State Assemblies, it was
the Central Parliamentary Board which took final decision on the matter. This gave to it a sort of
control over the Congress members in the Assemblies. Similarly it was the Parliamentary Board
that decided as to who should be the leader of the Congress Legislature Parties in States, and
therefore, who should be Chief Minister. It is usually on the instructions from the Chief Minister
that the other ministers are selected. In some cases the CPB sent an outsider to become the Chief
of a State irrespective of the wishes of the Congress legislators of that State. In 1972, PC. Sethi,
S.S. Ray, Nandini Satpathi and H.N. Bahuguna were nominated by the Prime Minister Indira
Gandhi herself. Moreover, recently the successors of A.R. Antulay, Chief Minister of
Maharashtra, and T. Anjiah, Chief Minister of Andhra Pradesh, were nominated by the Prime
Minister. The tenure of Chief Minister of States does not depend so much on their having the
confidence of the State legislatures as on that of the Central High Command. This explains why
generally speaking State governments lost both their will and their capacity to oppose the Centre
even when they were convinced that in the interests of their States opposition was desirable.
The object of the Congress is the establishment of a 'socialist India' and 'a socialistic pattern of

society' through peaceful and constitutional means. It, I

_______________________INDIAN GOVERNMENT AND
POLITICS____________________________
ning has helped to emphasize centralisation and superseded the federation. Both the
Planning Commission and the National Development Council are dominated by the
Central Government and the States have become subservient to the Union, so far as
policy-making is concerned. The States have come to rely more and more on the Centre
for their financial resources.
The Congress Working Committee came to play an important role in formulating all-
India policies and co-ordinating Union-State relations. Its decisions served as guidelines
to all the States even on subjects like zamindari abolition, land reforms, co-operative
farming and primary education which constitutionally were within their own jurisdiction.
All observers have pointed out the significance of unitary rule as the crucial factor in the
growth of the predominance of the Centre in the Period upto 1967 and in between 1980-
89 and 1991-96. K. Santhanam, for instance, has stated: "By and large, the effect of the
Congress organisation on the Union-State relations was to emphasise the strength of the
Central Government and the relative subordination of the State governments."10 Ashoka
Chanda remarks:
"One-party government at the Centre and the States has facilitated and even
encouraged Parliament to consider itself as the apex of a legislative and executive
pyramid. The Prime Minister and other ministers have not hesitated to take an indirect
and sometimes even a direct hand in settling and deciding issues which are constitu-
tionally the responsibility of the States. The limited sovereignty of the States is thus being
surrendered by usage and sufferance and it would be difficult for a state later to reassert
or regain its constitutional authority. It may be claimed that the 'advice' tendered by the
union ministers is in their capacity as members of the Congress High Command and that
there has thus been no infraction of the sovereignty of States. The sophistry will
hardly delude many." C.S. Pandit observes: "In the last 20 years, with the Congress in
power in practically all the States, the Centre developed the role of a patriarch controlling
and running the subsidiary units through party Chief Ministers. Whatever conflict arose
were settled within the party."12
Thus, as a result of a single party being in power both at the Centre and in the States, the
alternative and extra-constitutional channels have led to high degree of centralization in
the working of federal structure. It is contended that the decisive role of the Congress
Party High Command in the selection of party candidates for elections to Parliament and
State legislatures and its commanding voice in the choice of Chief Ministers, in the
formation of State ministries and in the settlement of disputes between blocks within the
State party organisation, and between the legislative and organizational wings of the
party at the State level are regarded as indication of the extra-constitutional channels
operating to encourage the Unitarian tendencies of the Indian federal set-up. In the words
of Phul Chand: "What the Centre could not impose on the States through the apparatus of
the Constitution it could enforce through the party channels. India though federal in
theory became monolithic in practice."
We have seen how the National Development Council took some vital decisions
infringing upon state autonomy, but no major constitutional crisis involving serious
Centre-State conflict could be raised. We have also seen how national planning has
strengthened the centralist direction in Indian federation, but no widespread Union-State
conflict has ensued. This situation can be attributed to uni-party rule in both Centre and
the State. "The existence o^

I THE PARTY SYSTEM .... DYNAMICS OF INDIAN FEDERALISM

299
widespread State-Centre conflict", as Myron Weiner observes, "has thus far been precluded by
one party control of the Central Government and most of the States."14 The Study Team on
Centre-State Relationships rightly came to the following conclusions:
"Where a single party has control over affairs at the Centre as well as in the States an alternative
and constitutional channel becomes available for the operation of Centre-State relationships. In
practice this channel has been very active during Congress Party rule and has governed the tenor
of Centre-State relationships."
POLITICAL PARTIES IN INDIA AND FEDERALISING PROCESS
Political parties have played an important role in the federalising process in India. In order to
understand the impact of the party system on Union-State relations in india, it is essential to
understand the nature of the party system and nature of the organisation of the ruling party at the
Central level. B. L. Maheshwari has divided the various State Governments into three types on
the basis of inter-party relations:
(i) identical, i.e., of the same type. This type of situation exists when the State Government is of
the same party as that of the Central Government. In this case, the Central government as well as
the State-governments can make use of the party for political bargaining and resolution of
conflict;
(ii) congenial: This is the type when the ruling party at the Centre is either not in power at the
State or when it alone is not in power but has joined a coalition of parties or when a friendly party
is in power in the State. In this type, the ideological and interest gap is low between the Central
government and the State government.
(iii) hostile: This is the type when the party in power at the State level is radically different in its
ideological and political orientations with the party in power at the Centre.
Normally, relations with the state government in the first category can be conducted through the
framework of the party machinery since the policymakers in the Central government and State
governments share not only the same values and goals but also accept common source of
authority. Similarly, relations with 'congenial' State governments are easily manageable. Even
when the party machinery is not used, there are enough linkages between the two governments.
Obviously, the Centre's relations with the 'hostile' State governments are more difficult because
the gaps in their positions and the interest antagonism are fundamental and compromises are not
easily reached on a wide variety of issues.
The changing dimension of federalising process in India can be understood in the dynamic
context of political parties. We can divide Indian politics into four parts: (i) The dominance of
Congress Party (1950-67); (ii) The coalition period of party politics (1967-70); (iii) The period of
charismatic leadership (1971-77 and 1980-1989); (iv) The period of Janata Party Rule (1977-
1979), the period of the National Front and the United Front Government (1989-91 and 1996-97)
and the period of the BJP and its alliance (1998-99).
The Congress was the dominant party in the period of 1950-67 with the policy decisions were
taken by the Congress Working Committee and the Central Parliamentary Board. The leadership
at the State level was subor-
nf the Dartv and gradually Nehru centralized300
INDIAN GOVERNMENT AND POLITICS
the leadership of the party and the leadership of the government in his own hands.
The 1967 general elections brought a change in the political map by throwing off the monolistic
control of Congress Rule in India. There was a shift from national to regional parties. Coalition
governments were formed in Kerala, West Bengal, Orissa, Bihar and Punjab. Later on, due to
defections from the Congress, U.P., Haryana and Madhya Pradesh also had coalition
governments. The relations between the CPM-dominated United Front government of Kerala and
West Bengal were not very cordial with the Centre. There was almost a unanimous demand for
greater state autonomy and C.N. Annadurai even demanded the transfer of the residuary powers
to the States as the leadership had moved from the Centre to the State. Issues relating to the
deployment of CRP and BSF in the States, the nomination and recall of the governors were
raised. The States managed to secure a greater degree of financial autonomy. In the past, Central
plan assistance to the States depended on the relative bargaining capacity of the States, but this
practice has been given up and now the distribution is made according to a formula decided by a
Committee of Chief Ministers of the National Development Council.
The period of charismatic leadership falls in between from 1971 to 1977 as well from 1980 to
1989. The factors which contributed to the popularity of Mrs. Gandhi and the massive electoral
victories in the general elections of 1971 and those to 1980 are now well-known. They practically
decimated the opposition parties and greatly magnified the power and influence of the Prime
Minister. These developments have deeply affected the working of Indian federalism. Congress
legislative parties in the States have quite frequently left the choice of the Chief Minister to Prime
Minister Indira Gandhi as well as to Rajiv Gandhi. It seems extraordinary that Chief Ministers
should agree to resign in order to enable her or him to make the choice. In this period more and
more decisions about State affairs came to be taken in New Delhi and there was a determined
emasculation of the federal structure.
The results of March 1977 elections mark the end of one dominant party system. The newly
formed Janata Party assumed power at the Centre and a large number of regional parties came
into power in the States. The competitive party system came into existence. Now it was not easy
for the Central government to impose its discretion on the States. The State governments were
conscious to maintain their constitutional status. The State governments of West Bengal, Punjab,
Tamil Nadu, Jammu and Kashmir were asking for more autonomy.
During 1989-2004, the country's political map is completely altered. The hegemony of one party
over three-fourths of the country is conclusively demolished; the concept of multi-party
governments is reinforced.
In the last decade of the 20th Century, the agenda has been clearly set by the Indian voters for all
parties—more power to States to run themselves. The mandates of 1989,1991,1996,1998, 1999
and 2004 do not represent fissiparous desires among the voters, but it do represent the need to
take the aspirations of various regions into account. In a sense, it is fortuitous that regional parties
have moved centre stage to accelerate a genuinely federal agenda at a time when the thrust of the
country's economic reform process has shifted from the Central Government to the States.
This striking emergence of rigional assertion has had its impact on the political framework. This
was first noticed in a striking manner in the 1989THE PARTY SYSTEM .... DYNAMICS OF INDIAN
FEDERALISM
301
and 1991 elections and reached new heights with the 1996,1998,1999 and 2004 general elections
when no national party could aspire to power. Instead there emerged powerful regional entities.
This by itself is going tQ advance the federal feature of our political structure. It is significant to
note that after the May 1996 elections, the leaders of regional parties formed themselves into
what the Chief Minister of Andhra Pradesh christened as the Federal Front and, with all the
pressures and problems, these regional leaders were responsible for choosing, from among
themselves, one as the Prime Minister of India. The United Front thus represents a very
significant development in Indian politics. For one thing, it has broken the monopoly of single
party rule at the Centre. Even if a national level party aspires to power, it will have to do so in
coalition with the regional parties.
Now power-seekers will have to reach Delhi via Hyderabad, Calcutta or Jaipur. It is going to be a
consortium of powerful Chief Ministers or State bosses who will call the shots at the Centre, not
from the capital's drawing rooms.
The BJP's search for allies reveals how its own much emphasised political theory of two-party
system had become obsolete. The 13-day Vajpayee regime had also tried to woo the same
regional parties to sustain his coalition. The BJP now has the distinction of being a coalition
partner in the largest number of States than any other political party. 17
Party System and State Autonomy
In theory the Congress is undoubtedly a centralized party and the popular word 'High Command'
sounds as if it has regimentation and discipline of the same intensity as in the army. But it must
not be forgotten that it has to function within a federal system and its own structure is bound to be
influenced by that system. Thus, over the years the State Congress Committees and the State
Election Committees have been gaining in importance. "The state party tends to assert its strength
and at times even force the national High Command to sign the dotted lines." Myron Weiner, too,
points out the trend towards the state units becoming increasingly autonomous. He asserts:
"Increasingly, therefore, the recommendation of the state Congress party for parliamentary and
Assembly seats are accepted by the national party...... 9 A survey of the selection of the
Congress candidates indicates that except for the 1972 elections when 20 per cent candidates
were changed, on all the previous elections only 5 to 10 per cent of the Pradesh Election
Committee suggestions were altered. As regards the relation of Chief Ministers and their
ministries, it is only in a few cases that the Party High Command succeeds in foisting its own
nominees and in such cases the net results have not been encouraging. It is well-known that B.C.
Roy, Pratap Singh Kairon, G. B. Pant, Morarji Desai and Kamraj, permitted little control or
intervention in the affairs of their respective states. They exercised powers of complete
autonomy. Rather, because of their standing in the party they influenced the exercise of power at
the federal level. Powerful local straps in firm command of the local party units can bargain and
have always bargained with the Centre from positions of strength. Both as regards the linguistic
redistribution of the States and the language for the official work at federal level, the party
leadership has had to yield to local sentiments.
Even if one can concede that the High Command can lay down general policies in respect of
important matters such as land ceiling, co-operative farming, state trading in foodgrains,
prohibition, three language formula, its authority to secure wholehearted, effective and uniform
implementation is

ii302
INDIAN GOVERNMENT AND POLITICS
whenever their position is weak vis-a-vis the organisational wing of the party or when the
Centre's directive is to their liking, but cock a snook when it is not. There is no dearth of Chief
Ministers and state party Chiefs defying the party High Command and getting away with it.
Marcus F. Franda, after a detailed examination of the development of Damodar Valley
Corporation, remarks:
In this case too, the role of the Congress party......was crucial in
the determination of policy decisions. Indeed, the actions of West Bengal government in matters
related to the development of Damodar Valley Corporation policies were for the most part
response to the wishes of state Congress party supporters and constituents....In those instances
where Central government leadership did try to persuade
the state through the use of Central powers......the state Congress
party was effectively able to rally the populace in its own defence." By various means the state
party unity was able to acquire the kind of "strength to elbow" which B.C. Roy regarded as being
necessary for the "continuance of independent state action." Thus, despite the constitutional and
legislative powers of the Central government in this case, Central party and government leaders
frequently felt themselves completely lacking in effective power, with the result that they felt
compelled to make substantial concessions to the wishes of state leaders. 2 In respect of land
reforms also, Marcus Franda observes: "As in other case studies, then, the state/party government
devised its own programme, relatively independent of influence from Central party and
governmental leaders."
The response of the Congress government in West Bengal to the challenge of the growing Left
influence in the State was the development of a strategy of maintaining its separate identity by
espousing regional autonomy. The aim was to forestall a militant political mobilisation by the
leftists. Dr. B.C. Roy, the main architect of the strategy, believed that the States were able to
exercise some degree of independence within the framework of the Constitution. This complaint
was not directed against the Constitution, but against the manner in which the Constitution was
being worked. In particular, the superimposition of a national plan system upon the normal
federal processes, he argued, had the effect of blurring the distinctions of the Central and State
spheres, and upsetting the federal balance created by the Constitution. B.C. Roy could perceive
that the autonomy of the States as political units of the Indian federation could not be retained in
the absence of a resource balance between the Centre and the States. He repeatedly emphasised
the need for correcting the resources imbalance. Even when the Centre appeared tough in the face
of a State demand, Roy did not yield. Nor did he have recourse to agitational methods. He sought
redress within the Constitutional framework. A relevant case is provided by the West Bengal-
New Delhi dispute over the constitutionality of the Coal Bearing Areas (Acquisition and
Development) Act, 1957. The State government challenged in the Supreme Court the propriety of
the Act, and the Centre's power to acquire land and rights in and over land vested in West Bengal
by Article 294 of the Constitution. The Centre subsequently tried to soften the feeling of West
Bengal by agreeing to the State's coal mining project. But the awareness of state right was so
powerful that even this conciliatory attitude of the Centre failed to make the State government
withdraw the case then pending in the court.23
The aim of B.C. Roy then was to resist the increasing Central encroachment on State autonomy,
and to protect the independent base of power for theTHE PARTY SYSTEM .... DYNAMICS OF INDIAN
FEDERALISM
303
region. Similarly, Assam's success in making the federal authority concede that it had no right, by
unilateral action, to alter to the disadvantage of the State the existing rates of royalty on its crude
oil, proves that a determined State backed by popular support, even while it is controlled by the
same political party as at Centre, can make the things move along its own way. Earlier the same
State government had successfully mounted pressure on the Central government to get its
decision regarding the location of oil refinery changed.
The problem of Inter-State and Centre-State disputes was there all the time. Ram Kishan, the
Chief Minister of Punjab, strongly opposed the posting of the BSF in Punjab in 1965.25 Chief
Minister S. Nijalingappa of Mysore refused to refer the Mysore-Maharashtra border dispute to the
proposed AICC high power Commission. D.P. Mishra of Madhya Pradesh got a decision on food
policy reversed within twenty-four hours. Various unresolved disputes regarding the utilization of
river waters and adjustment of boundaries are eloquent testimony to the vitality of the spirit of
federalism irrespective of one dominant party system. The role of State party leaders, particularly
the Chief Minister's role in the two successive battles for the Prime Ministership of India signifies
their importance in the federal system and the strength of the different regions of the country.
Emerging Trends
In between 1996-97, the Central Government was run by the United Front—a conglomeration of
regional parties. The regional leaders like Chandrababu Nadiu, Karunanidhi, Mulayam Singh
Yadav, G. K. Moopnar, Phafulla Kumar Mohanta emerged as the king maker at the Centre. Most
of the UF leaders, including Prime Minister, was regional or provincial leader.
At the State level, Chief Ministers like Karunanidhi, Chandrababu Naidu and Farooq Abdullaha
were giant leaders in their own right and neither H. D. Deve Gowda nor I. K. Gujral could pull
the strings from Delhi.
With 24 volatile allies, many differing ideologies, Vajpayee government was bound to find itself
in an unstable coalition. The string of the BJP led Union Government was in the hands of
regional leaders like Jayalalitha, Mamata Benerjee, Chandrababu Naidu, Naveen Patnaik,
Mayawati and Bal Thakre. From the manner in which various allies had put in their demands to
the central Government—Jayalalitha—dismissal of the DMK Government, Bansi Lai wanting a
huge debt waiver, Mamata, demanding Railway Ministry and special package for West Bengal,
the Akali Dal raising the old territorial and water disputes and Navin Patnaik asking for more
funds to Orissa—the Government's stability hanged on its bargaining capacity.
Having stayed in power for nearly six years, the BJP overreached itself, forgot its coalition
dharma and missed structuring proper alliances. On the other hand, jettisoning its Panchamari
resolution, Congress drew on its subsequent Shimla understanding and was quick to structure
new alliances-the DMK-MDMK-PMK combine in Tamil Nadu, the TRS and Left in Andhra,
roping in the RJD and LJS in Bihar and firming up its strained alliances with the NCP in
Maharashtra. All these paid rich dividends. Not only did the Congress Party, which many asserted
would slip below the three-figure tally emerge as the single largest party with 145 seats in the
14th Lok Sabha, its pre-poll alliance climbed upto 219. Now again the string of the Congress led
UPA government is in the hands of regional leaders like Sharad Pawar, Laloo Yadav, M.304
INDIAN GOVERNMENT AND POLITICS
Indian Parties and their Attitude towards Federalism
Political parties grow out of various forces, personalities and historical developments and act as a
major force in the federalizing process. Their attitudes towards 'federal polity' help us to
understand their impact on it. The Indian National Congress, the Indian National Congress (O)
and Congress (Indira) have always stood for strong Centre. The Hindu Mahasabha also favours
strong Centre and would like the abrogation of article 370, which provides special status to
Jammu and Kashmir. The Swatantra Party wanted redistribution of power and responsibility so as
to give the States larger responsibilities. It also prefers the idea of referring inter-state disputes to
a standing judicial body for final verdict. According to Bhartiya Jana Sangh a strong Centre was
an imperative need of the country's political situation. It preferred a unitary constitution with
federal characteristics. It wanted the full integration of the State of Jammu and Kashmir with the
Indian Union. The BJP wants that Articles 352, 356 and 360 should be reviewed so as to avoid
their misuse. The formation of an Inter-State Council under Article 263 should be made
mandatory. Article 370 being a transitory Article should be deleted. According to BJP
decentralisation is imperative but nothing should be done that may weaken the unity of the
country.
The Communist Party of India stands for removal of all injustice and discrimination against
states. It demands wider power and authority, particularly in financial and economic matters, be
given to the States of the Indian Union. It also favours the abolition of the institution of
Governors, establishment of autonomous districts and regions within the States.
The CPI(M) favours the "widest autonomy for the various states comprising the. Indian
Federation", transfer of the Concurrent List to the States, allocation of 75 per cent of all the
Central taxes to the States. The DMK emphasised the need for the preservation of state rights
without infringement by the Centre. It demanded that the Constitution be amended to vest the
residuary powers in the States. The Akali Dal pleads for autonomous states with the Centre
retaining the federal functions in respect of Defence, Foreign Affairs, Communications and
Railways. The Janata Party believes in a political system based on the principles of
decentralisation of economic and political power. Thus, on the basis of their stated positions on
this issue, the political parties can be classified into three groups. First, Parties like Congress who
do not advocate any change in the structure and pattern of the Centre-state relations. Secondly,
those parties who accept the constitutional structure and the need for a strong Centre but who
would like to see changes in the machinery and the style of the Centre-state relations. The
Congress (O), the BJP, the Swatantra and the Jana Sangh are such parties. The third group
represents radicalism on this issue. They demand restructuring of the entire framework of the
Centre-State relations. This group consists of the CPI, CPI(M), the DMK, ADMK, the Akali Dal,
AGP and Telugu Desham.
Conclusions
The nature of the federal system depends to a certain extent on the nature of the party
organisation. The nature of Party organisation oscillates between the pattern of a loose federal
form. Greater the incidence of factionalism in the party, greater will be tendency towards a loose
federal form of the party organisation. At other times when there is unity at the Centre (unity
within the organisation and unity between the organisation and the government leadership) ihere
shall be a pattern of a tight federal form in which the Central
i THE PARTY SYSTEM .... DYNAMICS OF INDIAN FEDERALISM
305
leadership will be able to play its role as mediator or as an umpire depending upon the
circumstances of the case in which it is called upon to act.
The nature of federal system in India changes according to the changes in the party system. The
main reason for Centre-state tension is difference of ideology among the political parties. The
ruling party at the Centre (Congress, BJP or Janata) always desire to maintain status quo,
supports the concept of 'strong centre'while parties like DMK, ADMK, Akali and CPI(M) desire
radical changes in the federal structure and support the concept of 'state autonomy' or the concept
of 'strong states'.
In short, the States must realise that their asking for a weak Centre would amount to their
committing political suicide. The States can grow strong only when the Centre also is strong, and
in a dynamic setting. In a static situation any positive shift in the relative strength and power of
the States will take place only at the cost of the sum total of the power of both, that is by the
depreciation of the total national power. Such depreciation will inevitably lead to a balance of
weakness and power vaucum.
REFERENCES
1. W.S. Livingston, Federalism and Constitutional Change (Oxford, 1956), pp. 1-2.
2. William H. Ricker, Federalism: Origin, Operation, Significance (Boston, 1964), p. 136.
3. Marcus F. Franda, West Bengal and the Federalising Process in India (Princeton, 1968).
4. David B. Truman, "Federalism and the Party System" in W. MacMohan, ed., Federalism: Mature and Emergent
(Oxford, 1955), p. 133.
5. For instance see K. Santhanam, Union-State Relations in India (Bombay, 1963); Bharti Ray, Evolution of
Federalism in India (Calcutta, 1967); Amal Ray, Inter-Governmental Relations in India (Bombay, 1966); Ashoka
Chanda, Federalism in India (London, (1965); K.R. Bombwall, ed., The Foundations of Indian Federalism (Bombay,
1967); S.P. Aiyer and Usha Mehta, ed., Essays on Indian Federalism (Bombay, 1965).
6. K.C Wheare, Federal Government (Oxford, 1953), p. 11.
7. M.J. Vile, The Structure of American Federalism (London,1961), p. 45.
8. Constitution of the Indian National Congress (as amended at the Bhavanagar session in January 1961), Article xx.
9. Ibid., Article xxvii.
10. K. Santhanam, Union-State Relations in India (Bombay, 1963), p. 63.
11. Ashoka Chanda, Federalism in India (London, 1965), p. 32.
12. The Indian Express, March 30, 1969.
13. Phul Chand, "Federalism and the Indian Political Parties," Journal of Constitutional and Parliamentary Studies,
January-March 1972, pp 147-71.
14. Myron Weiner, Party Politics in India (Princeton, N.J., 1957), p. 22.
15. Report of the Study Team on Centre-State Relationship (Administrative Reforms Commission), 1968, p. 9.
16. India Today, June 30, 1996, pp. 80-83.
17. P. Raman, "Age of Coalitions" The Hindustan Times, April 11, 1997, p. 11.
18. Rajni Kothari, Politics in India (Bombay, 1972), pp. 117-18.
19. Myron Weiner, "Political Development in the Indian States." in Iqbal Narain, ed., State Politics in India (Meerut,
1968), pp. 33-34.
20. Marcus F. Franda, West Bengal and the Federalising Process in India (Princeton, 1968), p. 127.
21. Ibid., p. 128.
22. Ibid., p. 129.
23. Amal Ray, Federal Politics and Government (New Delhi, 1979), p. 45.
24. The Times of India, October 25, 1962.
25. The Tribune, September 30, 1968.
26. India Today, June 30, 1996, p. 83.
27. Commission on Centre-State Relations Report, Part II (1987), pp. 619-27. Chapter 26
OVER-CENTRAL/SATfON
A PLEA FOR STATE AUTONOMY
In a federal polity which necessarily presumes division of powers and resources
between two sets of governing authority—the Centre and the States—conflicts and
tensions between the two are inevitable. This problem is as old as federation itself and
has trouble almost all federations throughout the world. The United States, whose
Constitution has proved to have possessed remarkable capacity to endure and has made
many experiments and adjustments in federal-state relations has passed through
numerous such stresses and strains all along. The issue of national versus states'rights in
that country has always been alive and the pendulum has been swinging sometimes in
favour and sometimes against the States. Canada, too, has been witnessing this problem.
Today, there have not only been advocates of greater autonomy for its provinces but even
of sovereignty for the province of Quebec on ethnic and language grounds. All this shows
that no federation can claim immunity from differences between the Union and the
States. In fact, a federal polity based upon shared power can be, said to have
"institutionalised tension."
POSITION OF THE STATES
Under the Indian Constitution, the division of powers does not mean that States are
independent within their own sphere Tha™ ~~ n control both nvpr c<-.-<— - "■
___^uu ux powers does not mean that
-—-^ me independent within their own sphere. There is provision for Union control both
over State administration and legislation. The paramount position of the Centre is
underscored by the power of Parliament to create new states, to alter the boundaries of
existing states and even to abolish a state by ordinary legislative procedure, without
recourse to constitutional amendment. Under a proclamation of emergency, Parliament is
empowered "to make laws for the whole or any part of the territory of India with respect
to any of the matters enumerated in the State List."2 The President, if advised by his
representative in the State, the Governor, that "the government of the State cannot be
carried on in accordance with the provisions of this Constitution," may by proclamation
assume all executive functions to himself and declare the powers of the State Assembly
to be under the authority of Parliament.3 In an emergency the Government of India, in
fact, takes on a unitary form. The Constitution provides that the Union may give such
directions to a state government as may be necessary "to ensure compliance with laws
made by Parliament."4 If a state fails to comply with such directions, the President may
invoke emergency power to supersede the state government. In addition the Rajya Sabha
may by a two-thirds vote resolve that it is "necessary or expedient" that Parliament make
laws for a temporary period with respect to any matter on the State List.5 The Rajya
Sabha invoked this power only on one occasion.OVER-CENTRALISATION AND A PLEA FOR STATE
AUTONOMY
307
However, since state representation in the Rajya Sabha is unequal, larger states have the power to
transfer a subject from State to Union jurisdiction if opposition parties should gain control of
some of the smaller States.6 A variety of other articles also reveals the constitutional imbalance
between the Union and States; the amending process, the single judicial system, the all-India
services, the single election commission and the provision for reservation of certain state bills for
Presidential assent.
The Centre had monopolised the control of industries, trade and commerce and production and
distribution of goods. The States argued that these were subjects of the State List—industries in
entry 24; trade and commerce in entry 26; and production, supply and distribution of goods in
entry 27. But that taking advantage of the constitutional provisions that Parliament could regulate
them in national interest, the Centre had brought them virtually under' its own control. Parliament
had passed in 1951 the Industries (Development and Regulation) Act specifying those industries
which had to be controlled by the Centre in national interest. The Act, as originally passed, gave
control to the Centre over vital and strategic industries. But in course of time, more and more
industries were brought within the purview of the said Act, and the result was considerably
subverted. The subjects of entries 24, 26 and 27 ceased to be State subjects and became for all
practical purposes Union subjects. Even items like razor blades, papers, gums, shoes, match
sticks, household electrical appliances, cosmetics, soaps and other toilet requisites passed under
the central domain.
The supply and distribution of essential items of daily use, such as sugar, wheat, kerosene, rice
and vanaspati ghee, were also brought under Central control and complaints were often made by
the state leaders that the supply and distribution of these commodities were handled by the Union
Ministries with political motives.
From 1947 to 1967 and from 1971 to 1977 and thereafter from 1980 to 1989 the Congress ruled
both at the Centre and in the States. There was a break in this situation in 1967 and in 1977 but it
proved to be a temporary one. The general elections to State Assemblies in 1972 restored once
more the rule of the Congress both at the Centre and in the States. Among the various factors that
were responsible for the erosion of State autonomy this proved to be the most powerful. Primarily
it weakened the will of State governments for autonomy. It created a feeling among the State
leaders that it would be best for them to abide by the decisions of the Central leaders who could
be credited with having more knowledge and more ability and who commanded more prestige in
the country as a whole. Those who became Chief Ministers in States occupied a lower rank in the
Congress hierarchy as compared to Jawahar Lai Nehru, Vallabbhai Patel, Maulana Azad and
Rajendra Prasad who were in power at the Centre. It was but natural for them to abide by the
directions issued by the leaders at the Centre on all matters of policy even when they were
concerned with subjects within the exclusive control of states.
The Congress as a party has been a highly centralized organisation. State units have had little
freedom to take decisions on their own. It was the Parliamentary Board which chose the leader of
the Congress legislature parties in States and, therefore, who should be Chief Ministers. It was on
its instruction that Chief Ministers selected the other ministers. Now nominations for elections to
State Assemblies were under High Command's (Mrs. Gandhi, Mr. Rajiv Gandhi and Sonia
Gandhi) direction. The Chief Ministers were nominated bythem. The tenure of Chief Ministers
of states did not depend so much on their having the confidence of the State Legislatures
as on that of the Prime Minister. With the advent of Rajiv Gandhi in 1985, the political
autonomy of the States was effectively curbed. He ran the States like his personal
kingdoms, changing within a span of five year about 20 Chief Ministers.
The States were reduced to non-entities. Chief Ministers were appointed by the Centre as
well as other ministers. State legislators were given no right to elect a leader of their own
choice. And even when the leader was chosen from the Centre, he was not given freedom
to choose his own colleagues. The Centre has also gradually taken upon itself the role of
an ombudusman with regard to the States. In 1964, it announced a commission of enquiry
to examine cases of corruption against Punjab's Chief Minister Pratap Singh Kairon.
Since then it set up three more such Commissions to look into charges of lapses of
integrity against the state political executive. It is a pity that the States have of late been
reduced to the position of subordinate departments of the Centre through the Home
Ministry.
The distribution of revenue resources is especially critical in determining the nature of
the states'relationship to the Centre. Under the Constitution taxes like income-tax,
corporation tax, excise duties and customs which have a national and Inter-State base and
which have to be levied on the basis of uniformity have been made over to the Central
government. Taxes like those on land and buildings, sales taxes, taxes on motor vehicles
and on entertainments which have a local base have been made over to states. The
Central taxes are not only more lucrative but also grow with the growth in national
economy. The taxes allotted to the States are less lucrative and less elastic. Besides this
the Centre has foreign aid and deficit financing at its disposal. All this enables it to
command large resources while the States are not in such a position to do so.
ARE THE STATES SOVEREIGN?
The question of thepsovereignty of the States was examined at great length by the
Supreme Court in the case of State of West Bengal vs. Union of India (1962). It arose out
of the Coal Bearing Areas (Acquisition and Development) Act, 1957 which enables the
Union Government to acquire coal bearing areas in the State of West Bengal. Its legal
authority was derived from entry 54 of the Union List. However, under Article 294, the
Government of West Bengal acquired the right over all property and assets which before
the commencement of the Constitution were vested in His Majesty for the purpose of the
government of the province. In this unusual case, the State government questioned the
competence of Parliament to pass the law acquiring property which belonged to it.
The question at issue was really the sovereignty and status of the units of the Indian
federal system. The Supreme Court considered the development of the constitutional
system in India and the various provisions in the Constitution which made the States
subordinate to the Union. It defined its own conception of a federal system and concluded
that the Constitution of India was not truly federal in character. The distribution of
powers did not support the theory of State sovereignty. The Court observed:
"What appears to militate against the theory regarding the sovereignty of the State is the
wide power with which parliament is invested to alter the boundaries of States, and even
to extinguish the existence of a State. There is no constitutional guarantee against OVER-
CENTRALISATION AND A PLEA FOR STATE AUTONOMY
309
alteration of the boundaries of the States.......That being the extent of
the power of the Parliament it would be difficult to hold that the Parliament which is competent to
destroy a State is, on account of some assumption as to absolute sovereignty of the State
incompetent effectively to acquire by legislation designed for that purpose the property owned by
the State for governmental purposes."7
EROSION OF STATE AUTONOMY : MAJOR AREAS
The Constitution provides for a co-operative federation of States with a bias in favour of the
Centre. Such a bias, within reasonable limits, is necessary, having regard to the conditions
prevailing in our country. But it does not mean that the Centre has inherited Viceroy's mantle of
Paramountcy. In other words, the States are not vassals of the Union. Dr. Ambedkar has rightly
said moving consideration of the Draft Constitution in the Constituent Assembly: "The
Constitution establishes a dual polity with the Union at the Centre and the States at the periphery,
each endowed with sovereign powers to be exercised in the field assigned to them respectively by
the Constitution." The Union is not a League of States, united in a loose relationship, nor are the
States the agencies of the Union, deriving powers from it. Both the Union and the States are
created by the Constitution, both derive their respective authority from the Constitution. The one
is not subordinate to the other in its own field; the authority of one is coordinate with that of the
other.
However, there is no doubt about the great injustices done by the Centre to the States. The
autonomy of the States has been eroded and the States have been reduced to municipalities. The
States have been reduced to a position where they have far less powers to deal with industries
than second class Native States had during the British Raj.
It is significant that the Constitution talks of the Union but not of the Centre. The present all
pervasive domination by the self-styled and popularly called 'Centre' is inconsistent with the
constitutional scheme of the Union of States. The day is bound to come when the States will
repudiate the wrongful subjection by the Union and will awaken to claim their legitimate status
under the Constitution. The erosion of State autonomy can be observed in the following spheres:
(i) Industries and Economic Development : The States would have made for greater progress if
the scheme of the Constitution had been respected in the field of economics. There are three
significant Entries in the State List: (a) Industries, (b) Trade and Commerce, and (c) Production,
supply and distribution of goods. The Union List permits Parliament to legislate in respect of
"Industries, the control of which by the Union is declared by Parliament by law to be expedient in
the public interest." Thus, the basic scheme of the Constitution is that industries and commerce
should remain State subjects and should be dealt with primarily by the States; and that it is only
those industries, the control of which by the Union is expedient in the public interest, that must be
regulated by the Centre.
Parliament passed the Industries (Development and Regulation) Act, in 1951, specifying those
industries which in the public interest would have to be controlled by the Centre. The Act as
originally drafted was fair and reasonable and rightly gave control to the Union over those
industries which were vital to national development. However, in course of time, more and more
industries were added to the Industries (Development and Regulation) Act till the basic 310
INDIAN GOVERNMENT AND POLITICS
Without any amendment to the Constitution, 'Industries' has been nefariously transformed into a
Union subject and has ceased to be a State subject. Today at least 93 per cent of organised
industries in terms of the value of output, have been brought under the bailiwick of the Union.
Even items like razor blades, paper, gum, matchsticks, household electrical appliances, cosmetics,
soaps and other toilet requisites, fabrics and footwear, pressure-cookers, cutlery, steel furniture,
Zip fasteners, hurricane lanterns, bicycles, dry cells, TV Sets, agricultural implements—have all
been brought under the Centre's Control. There can be no doubt that this is an indefensible
violation of the Constitution. It is imperative that the States should regain their legitimate powers
over industries and commerce.
The true position of the States in commerce and industry, according to the unmistakable mandate
of the Constitution, can and should be restored: and for this purpose no amendment of
Constitution is needed. All that is necessary is to delete various items in the First Schedule to the
Industries (Development and Regulation) Act. If only industries which are crucial to the national
interest were controlled by the Centre and the States were given their rightful jurisdiction over the
rest of the field of industry and commerce, those States which have a balanced and pragmatic
outlook on economic problem would benefit tremendously. In order that the nation may not suffer
as a result of any State to permitting industries to come up, the Centre may reserve to itself the
power to start, or license the starting of, industrial units in such States. In other words, the
position should be that the Centre may step in where a State will not allow industries to
commence or develop, unlike the position today when the Centre has the Veto where the States
want industries to start or grow.
Over Centralization has been one of the main reasons for our poor rate of economic growth which
is one of the lowest in the world.
(ii) President's rule : Under Article 356, President's rule can be imposed in a State "if the
President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a
situation has arisen in which the government of the State cannot be carried on in accordance with
the provisions of the Constitution."
This power has been grossly abused and President's rule has been imposed on the States more
than 116 times. All States have been given at one time or another doses of this pretentious
curative. Several cases where President's rule has been imposed by the Centre in a partisan spirit
for party ends have already passed into history.
The Rajamannar Committee in its Report published in 1971 recommended deletion of Article
356. The other view is that the Article would continue to serve a useful purpose if it is invoked
bonafide in appropriate cases only. It may be better to retain the Article while devising some
machinery to prevent its misuse.
K. Santhanam, depreciating the imposition of Presidential rule whenever a State ministry is
defeated, observed, "Ordinarily, when a ministry is defeated and an alternative ministry cannot be
formed, the proper course should be immediate dissolution and re-election so that people of the
State would have a chance to decide for themselves. It is only where law and order cannot be
maintained and the legislature cannot function in peace that presidential rule can be really
justified....."
(iii) Appointment of Governors : There has to be a Governor for each state (Article 153). The
Governor is appointed by the President (Article 155) and he holds office during the pleasure of
the President (Article 156). Recently, on JulyOVER-CENTRALISATION AND A PLEA FOR STATE
AUTONOMY
311
2, 2004 the Centre dismissed four State Governors—Kaidar Nath Sahni of Goa, Kailash Pati
Mishra of Gujarat, Babu Parmanand of Haryana and Vishnu Kant Shastri of Uttar Pradesh.
According to the judgment of the Supreme Court delivered on May 4, 1979, in Dr. Raghukul
Tilak's case, the relationship of employer and employee does not exist between the Government
of India and the Governor, and the Governor's office "is not subordinate or subservient to the
Government of India." While this is the true constitutional position, we have systematically
devalued various constitutional institutions including the office of the Governor. In practice the
Governor has been reduced to virtually the same position as that of the Resident Agent in a
Native State in the days of the British Raj. Several Governors have debased their high office by
lending their services to fulfil the partisan objectives of the political party in power at the Centre.
One of the difficult questions is—how to restore the Governorship to the high status envisaged by
the architects of the Constitution. The Rajamannar Committee made the following
recommendations:
"The Governor should be appointed always in consultation with the State Cabinet. The other
alternative will be to make appointment in consultation with a high powered body specially
constituted for the purpose."
"The Governor should be rendered ineligible for a second term of office as Governor or any other
office under Government. He should not be liable to removal except for proved misbehaviour or
incapacity after inquiry by the Supreme Court."
"A specific provision should be inserted in the Constitution enabling the President to issue
instruments of Instructions to the Governors. The Instruments of Instructions should lay down
guidelines indicating the matters in repsect of which the Governor should consult the Central
Government or in relation to which the Central Government could issue directions to him. Those
Instructions should also specify the principles with reference to which the Governor should act as
the head of the State including the occasions for the exercise of discretionary powers."
(iv) President's assent to State Bills : A Bill passed by the State Legislature is presented to the
Governor and the Governor has to declare "that he assents to the Bill or that he withholds assent
therefrom or that he reserves the Bill for the consideration of the President." (Article 200) The
President may direct the Governor to return the Bill to the State Legislature with a message
requesting reconsideration of the Bill; and if it is again passed by the State Legislature with or
without amendment, it is presented once more to the President for his consideration (Article 207),
but in no case is the President bound to give his assent.
The object of the Constitution makers in enacting these provisions was simple and clear. While
the constitutionality of any State legislation can always be challenged in a court of law, its
wisdom cannot be; and further, it is better to prevent a clearly unconstitutional measure from
reaching the statute book than to have it struck down later by the court. A Governor is expected
by the Constitution to reserve only such Bills for the President's assent as are patently
unconstitutional or palpably against the national interest. In practice, Governors have been known
to surrender their judgment and act as the deferential subordinates of the Central Government in
exercising their extraordinary312
INDIAN GOVERNMENT AND POLITICS
as to justify the belief that it is superior to the States either in wisdom or in knowledge of
Constitutional limitations.
The Rajamannar Committee recommended repeal of that provision which permits the Governor
to reserve any Bill for the consideration of the President. However, this power may be usefully
retained, if its indiscriminate use can be checked by some machinery, e.g., by providing
mandatory guidelines in the Instrument of Instructions to the Governor.
(v) Extra-constitutional Authorities : Among the extra-constitutional authorities, the Planning
Commission takes the plan. Economic and Social Planning is in the Concurrent List. But no law
has been enacted by Parliament in exercise of this power. The Planning Commission is a body
without any constitutional or legislative sanction.
The Chairman of the Fourth Finance Commission in his Supplementary Note to the Report
described it as a 'quasi-political body'. K. Santhanam observed that the Planning Commission had
set up a sort of vertical federation, thus displacing the territorial or horizontal federation
established by the Constitution. The Study Team appointed by the Administrative Reforms Com-
mission observed that planning at the hands of the Planning Commission had the result that "the
three horizontal layers of administration, represented by the list of Central, Concurrent and State
subjects, have been vertically partitioned into plan and non-plan sectors; and.....within the plan
world, the compulsions and consequences of planning have tended to unite the three horizontal
pieces into a single monolithic chunk from the Centre although operated in respect of concurrent
and state subjects in the States." Dr. K. Subba Rao was of the view that the Planning Commission
"functions in violation of the
provisions of the Constitution......The Centre through the Planning Commission
controlled not only the State sector of the plan but also their implementation." The Rajamannar
Committee was of the view that the "Centre is able to impose its will on the States in the
formulation and execution of the plans by virtue of the non-statutory grants under Article 282,
which are dependent on the absolute discretion of the Centre. It will thus be seen that the process
of planning and the activities of the Planning Commission have a very deleterious effect on the
autonomy of the States particularly in spheres exclusively allotted to the States by the
Constitution."
The above quoted words of criticism are fully justified. Today there are two types of grants made
by the Centre to the States—(i) grants-in-aid of the revenues of the States as recommended by the
Finance Commission (Article 275); and (ii) discretionary grants by the Central Government
(Article 282) which are usually made in accordance with the recommendations of the Planning
Commission. Of the total grants disbursed by the Centre to the States, only 30 per cent is as per
the recommendations of the Finance Commission, while the remaining 70 per cent represents
discretionary grants given to the States on the advice of the Planning Commission.
To remove this distortion of the Constitutional Scheme, it is necessary that even discretionary
grants under article 282 should be dealt with by a constitutional authority like the Finance
Commission, and not by the Planning Commission.
(vi) Financial Relations : Any fair minded and impartial observer can have no doubt that having
regard to the growing responsibilities of the States, the distribution of taxes and revenues is very
unfair to the States and far too favourable to the Centre.OVER-CENTRALISATION AND A PLEA FOR
STATE AUTONOMY
313
Taxes on income are levied and collected by the Government of India and distributed between the
Union and the States [Article 270(1)]. But the expression 'taxes on income' does not include
corporation tax [Article 270(4)]. 'Corporation tax' means any tax on income which is payable by
companies and for which no credit is given to the shareholders who receive dividends from the
Companies [Article 366(6)]. As a result of the changes made by the Finance Act, 1959, all
income-tax paid by Limited Companies must now be treated as corporation tax, and consequently
the States are not entitled to any share of it.
Even when a tax or duty is compulsorily divisible between the Centre and the State, the Union
has the right to levy a surcharge which is excluded from the divisible pool (Article 271). This
extraordinary power is exercised in the most ordinary fashion: every annual budget contains the
levy of a surcharge on income-tax exclusively for the purposes of the Union.
The States must be given a legal right to a larger share in the tax revenues collected by the Centre,
instead of having to rely upon the discretionary largess of the Union under Article 282.
THE DEMAND FOR STATE AUTONOMY
Frustrated with slow economic progress and the dominant Congress Party rule, the leaders of the
regional parties in the States have consistently clamoured for more and more autonomy for the
States. For instance, the leader of the Pragati Party in Orissa said on December 26, 1973, that the
States should have 'concurrent economic powers' and that since the people of India "Lived in the
States and not in the archives of New Delhi," there should be some decentralization of economic
authority by making the States more responsible and more responsive," to meet the problems of
their own areas. Before long the Bhartiya Kranti Dal leader Charan Singh called for greater
autonomy for States in financial matters.
The Akali leadership in Punjab also voiced the same sentiment. In 1966-67, the Akalis demanded
that "this newly created Punjab State be accorded the same status and powers which are given to
the State of Jammu and Kashmir under the Indian Constitution of 1950."8 In October 1973, the
Akali Dal Working Committee passed an important state autonomy resolution. The resolution
says, "In this new Punjab, alongwith other States, the Central sphere should be limited to the
subject of Defence, Foreign Affairs, Railways, Post and Telegraphs and Currency. Rest of the
subjects should be within the jurisdiction of Punjab and for whose management, the Punjab
should have the right to frame its own Constitution."9
The DMK leaders of Tamil Nadu almost consistently agitated for more and more autonomy for
the States.
The West Bengal Government document10 on Centre-State relations (adopted in its cabinet
meeting on December 1, 1977) demands a thorough revision of the Centre-State relations and
also calls for amending the articles concerning the distribution of resources between the Union
and the States. Under the Janata Party rule, provoked by the Planning Commission guidelines
sent to the States for the formulation of their plans and the Prime Minister's letter to them
regarding their performance in family planning, the West Bengal Government, in order to secure
greater autonomy, has intensified its campaign for the revision of Centre-State relations. The
West Bengal Finance and Planning Minister declared that the Planning Commission had no
mandate to314
INDIAN GOVERNMENT AND POLITICS
Replying to the general discussion on the budget for 1978-79 in the State Assembly the
Karnataka Finance Minister also pleaded for a proper fiscal federalism and observed that the
fiscal relations between the Centre and the States required reconsideration. Sheikh M. Abdhullah,
had long been a vocal and outspoken supporter of the demand for more decentralisation of power.
According to him, "I am in full sympathy with the demand (for more power to the States) but as
far as Kashmir is concerned—Kashmir's relationship with the Centres is well-defined under
Article 370. Our only complaint is that erosions have taken place and they must be set right. This
Constitution does not apply to us in toto. We have our own Constitution— Kashmir is the only
State with its own Constitution where the residuary powers lie with the State, not with the
Centre." Mr. Jyoti Basu and others demand almost the same thing. No less than the ex-President
of India, Sanjiva Reddy also called for a national debate and consensus on the issue.
THE CONCEPT OF STATE AUTONOMY
'State autonomy" does not mean the independence or sovereignty of the States. It indicates non-
interference of the Centre in the prescribed domain of the States. The rights of the States to work
independently in the prescribed area is called autonomy. Thus 'autonomy'has assumed the
character of'states rights', which has been the bane of federal systems.
To the student of Indian federalism the history of'state rights' in the United States is most
instructive and there are lessons to be learnt. Henry Steele Commager has observed that with the
exception of a few like Thomas Jefferson who used the doctrine of state rights in defence of
freedom, it had generally been invoked by those who wished to weaken the government and
endanger the freedom of the citizen. He wrote: "A states rights philosophy which is never
inspired by generosity, never excited by a passion for freedom or for justice, never exalted by
magnanimity, but takes refuge in narrowness and selfishness and vindictiveness, exhausts its
claim to tolerance." How relevant these words are to much of the demand for state autonomy in
India. It seems incredible that as recently as in 1960, the then Chief Minister of Maharashtra
could have said, "If Andhra wanted surplus water for developing Krishna-Pennar Project, he
would not agree to it. He would rather divert the water towards Arabian Sea after developing the
power he needed."13
In short, the growing self-consciousness and self-assertiveness of the regional governments,
strengthened by the reorganisation of the States on a uni-lingual basis, act in India as an important
decentralising force.
RAJAMANNAR COMMITTEE REPORT : A PLEA FOR STATE AUTONOMY
The DMK government of Tamil Nadu appointed a Commission with a direction to suggest
changes in the existing level of Union-State relations. Their terms of reference were to examine
the entire question regarding the relationship that should exist between the Centre and the States
in a federal set-up and to suggest amendments to the Constitution so as to "secure utmost
autonomy to the States." The Committee headed by P.V. Rajamannar, a retired Chief Justice of
Madras High Court, presented its report on May 27,1971. Some of the important
recommendations of the Committee were: 15
(1) The Committee recommended the transfer of several subjects from the Union and Concurrent
Lists to the State List. It recommended that the 'residuary power of legislation and taxation'
should be vested in the state legislatures.OVER-CENTRALISATION AND A PLEA FOR STATE
AUTONOMY
315
(2) An Inter-State Council comprising Chief Ministers of all the States or their nominees with the
Prime Minister as its chairman should be set up immediately. No bill affecting one or more States
should be introduced in Parliament without the concurrence of that council. No decision should
be taken by the Centre, with the exception of issue relating to defence and foreign affairs, without
consulting the Inter-State Council if that decision was likely to affect the interests of one or more
States.
(3) The Committee recommended the abolition of the existing Planning Commission and its
place must be taken by a statutory body, consisting of scientific, technical, agricultural and
economic experts, to advise the States which should have their own Planning Boards.
(4) The Committee advocated deletion of those articles of the Constitution empowering the
Centre to issue directives to the States and to take over the administration in a State. The
Committee was also opposed to the emergency powers of the Central Government and
recommended the deletion of Articles 356, 357 and 360.
(5) The Committee recommended that every State should have equal representation in the Rajya
Sabha, irrespective of population.
(6) The Governor should be appointed by the President in consultation with the State cabinet or
some other high power body that might be set up for the purpose and once a person had held this
office, he should not be appointed to any other office under the Government.
(7) On recruitment to the services, the Committee recommended that Article 312 should be so
amended as to omit the provision for the creation of any new All-India cadre in future.
(8) The High Courts of States should be the highest courts for all matters falling within the
jurisidiction of States.
(9) The Committee said that 'territorial integrity' of a State should not be interfered with by any
manner except with the consent of the State concerned.
(10) The emphasis on greater state autonomy becomes particularly sharp in the Committee's
recommendations on financial relations. It recommended that the States should also get a share of
the tax revenues from corporation tax, customs and export duties and tax on the capital value of
assets and also excise duties. It also recommended that the surcharge on income-tax should be
merged with the basic rate of income-tax so that it could be shared with the States. The
Rajamannar Committee seemed to visualise the continuing need for the allocation of financial
resources from the Centre to the State but it would like this decision to be taken by an
independent and impartial body like the Finance Commission or a similar statutory body.
Therefore, it recommended an amendment to the Constitution for making the Finance
Commission a permanent body with its own Secretariat, so that the recommendations of the
Finance Commission can be made binding on all the parties.
The Rajamannar Committee was appointed by a State government. The Central Government,
therefore, refused to own it. Moreover, if accepted, the recommendation of this committee would
destroy the whole development of the concept of cooperative and bargaining federalism that has
evolved for a long period of time.
THE WEST BENGAL MEMORANDUM : DOCUMENT FOR STATE AUTONOMY
The CPI (M) government of West Bengal has been demanding the restruc- 316
INDIAN GOVERNMENT AND POLITICS
States from the present position of excessive dependence and subordination and to give them a
larger share of power and authority. The West Bengal government document on Centre-State
relations suggests16 that:
(i) The jurisdiction of the Centre should be restricted to defence, foreign affairs, including foreign
trade, currency and communications and economic co-ordination.
(ii) All other subjects, including the residual jurisdiction, should be the exclusive concern of the
State. Accordingly, the relevant articles of the Constitution should be so amended that the Centre
would not be able to interfere in the affairs of the States in anyway even the President's assent to a
State bill would not be necessary.
(iii) The Central Reserve Police, the Border Security Force, the Industrial Security Force or any
other police force, the Central Government may raise would have no right to operate in the States.
(iv) The Centre and the States should have separate administrative services with exclusive
authority over them.
(v) All States should have equal representation in the Rajya Sabha, the special status of Kashmir
laid down in Article 370 should be maintained, and all citizens should have the right to
correspond with the administration at all levels in their mother tongue.
(vi) The articles regarding the Finance Commission and the distribution of revenues should be
amended to provide for 75 per cent of the total revenue raised by the Centre from all sources for
allocation to different States by the Finance Commission. It should not be the task of the Finance
Commission to decide on the proportion of revenues to be distributed between the Centre and the
States. Its task should be only to fix the proportion each state should get from the total financial
realisation by the Centre, 75 per cent of which is to be allotted to the States. The States must also
be accorded more powers for imposing taxes on their own and the right of the Union Ministry to
put restrictions on trade and commerce and intervene within a State as provided in Article 302
should be deleted.
The West Bengal paper on Union-State relations was drafted by Marxist thinkers who were
psychologically inclined towards radicalism. They think greater autonomy will certainly remove
the demoralising influence of the states' abject dependence on the Centre for resources. There will
be an initial spurt of activity; new ideas and new plans will flourish; popular enthusiasm and
expectation will rise.
THE AKALI DEMAND FOR AUTONOMY
M. S. Dhami interviewed ten top Akali leaders on the Centre-State issue; almost all of them
expressed their views in favour of more powers to the States. A couple of leaders took a moderate
view of the autonomy demand. The majority of the leaders, however, would like to assign only
four or five subjects of national importance to the Centre, while the remaining two leaders plainly
demanded a Sikh Homeland—a sort of autonomous Sikh State within the Indian Union. Two
moderate views on the subject are reproduced below: "At present States cannot work
independently. More powers should be assigned to them in the developmental and financial
spheres. I am not rigid regarding central powers, it may have more than four subjects. But the
trouble is that Centre dictates even in the case of the State List. I demand more powers to all
States and notOVER-CENTRALISATION AND A PLEA FOR STATE AUTONOMY
317
for the Punjab alone. There is not a single big industry in Punjab. Our demand is not for
autonomous States but simply for more powers to the States."
"Centre should retain foreign affairs, defence, communication and currency. What I stress is more
economic and financial powers to the States. The justification of the demand is that the yoke of
the Centre will go. States would work independently and they will not have to run to Delhi for
each and every thing."18
A few hard-core views on autonomy, shared by a majority of Akali leaders, are as follows:
"States in India are in the position of Municipalities and Centre wants to seize whatever rights
States already have. State autonomy under present set up is meaningless. No project within a
State can be commissioned without clearance from the centre."
"We want more powers to the States because the Constitution is practically unitary and the States
are merely municipalities. Even demarcated State fields are violated by the Centre—agriculture is
a State subject, but laws are dictated by the Centre."20 Some Akali leaders advocate a more
exterme demand of a Sikh Homeland. The viewpoint of one prominent Akali leader on the issue
is as follows: "We want more powers only for Punjab—it has nothing to do with other States. We
are a nation, Hindus are dominant both at the Centre and States, while we have no say at the
centre. What I demand is a separate Constitution for Punjab—right to issue passports, currency
and a separate flag as during the reign of Maharaja Ranjit Singh. Centre to have only Foreign
Affairs, Defence and Communication.
,,2f
DEVOLUTION OF POWERS TO THE STATE OF JAMMU & KASHMIR
The Government of Jammu & Kashmir had set up a committee on November 29, 1996 to
examine and recommend measures for the restoration of autonomy to the state.
A special session of the J & K Legislative Assembly was called from June 19 to 26, 2002 to
discuss the Report of the State Autonomy Committee.
The Report of the State Autonomy Committee basically recommended reverting to the pre 1953
status.
The Central Government have considered the 'Resolution' passed by the J & K Legislative
Assembly and have not accepted the same as the acceptance of the Resolution would set the clock
back and reverse the natural process of harmonising the aspirations of the people of J & K with
the rest of the nation.
SARKARIA COMMISSION'S RECOMMENDATIONS
The Sarkaria Commission's concern was the state of centre-state relations. The conclave of the
non-Congress Chief Ministers in the south, the mounting Akali agitation on the basis of their
Anandpur Sahib Charter of demands, with the demand for autonomy its core, and the criticism by
the Marxist-Party of central interference in the affairs of the States were all in the widespread
dissatisfaction with the existing state of Centre-State relations. The Commission made 247
recommendations to improve Centre-State relations, besides suggesting 12 amendments to the
Constitution and 20 new legislations. The Commission recommends: (i) Before issuing directions
to a State under Articles 256 and 257, the Union should explore the possibilities of settling points
of conflict by all other available means; (ii) The Governor of a State should be appointed with the
concurrence of the Chief Minister; (iii) Article 356 should318
INDIAN GOVERNMENT AND POLITICS
deploying Union armed and other forces in a State in aid of the civil power, it is desirable that the
State Government should be consulted; (v) By an appropriate amendment of the Constitution, the
net proceeds of Corporation Tax may be made permissibly shareable with the States.
The Inter-State Council in its six meetings held till 2000 had taken a view of 171
recommendations of the Sarkaria Commission. In its seventh meeting held on November 16,
2001, Inter-state Council has taken a view, in principle, on another 59 recommendations. These
recommendations would be forwarded to the implementing agencies in due course for taking
appropriate action. Thus, a view has been taken by the Inter-State Council in seven meetings held
so far on 230 out of 247 recommendations. The remaining 17 recommendations pertaining to
amendment to article 356, Deployment of Union Armed Forces and Administrative Relations
(Article 256, 257 and 365) have already been considered by the sub-committee of the Standing
Committee and are ready to be placed before the Inter-state council. 22
ARGUMENTS FOR AND AGAINST STATE AUTONOMY
The State autonomy concept is supported on the following grounds: First, autonomy is not
independence of the States and the autonomy is demanded under the Indian federal structure and
therefore there is no danger for disintegration. Secondly, the functions of the States as such are
increasing day-by-day. It is not proper to make them financially dependent on the Centre while
they are performing the functions of rural development and implementation of five years plan. If
they are assigned separate resources of finance then it will be convenient for them to perform
developmental functions speedily. Thirdly, State autonomy is essential for the establishment of a
true and genuine federal policy. At present the status of the States as such is like municipalities
and they ' are always afraid from Central intervention. The Centre controls the States by issuing
directives and even exercises control over the exclusively State spheres like education and health.
Fourthly, the autonomy will inculcate the responsibilities among the States. They will seek
additional revenue resources and will not depend on the Centre. The concept of a federal polity
could materialise in our country only by allowing full freedom of development to every linguistic
cultural State.
The ruling party at the Centre (Congress or the BJP) opposed the demand for autonomy. The
Union Government felt convinced that the strength of the country as a whole was the best
guarantee of the autonomy of the States, and that if somehow that strength was shattered, there
would be neither sovereignty of the Union nor the autonomy of the States. The country is passing
through an economic crisis and political upheaval and if the States are granted more rights then it
might drift towards chaos and disintegration.
Conclusions
The ways in which the Centre unduly dominates the States are beyond enumeration and are
symptomatic of the Centre's attitude towards its 'Vassals'. Exceptional constitutional powers are
used in a routine manner, and standards of constitutional decency are unknown. There is no
political will to let healthy conventions grow up to serve as guides to the Centre in its manifold
dealings with the States.
The past experience has been that the States' demands were heard, even if not acted upon, only
when the Centre was on a weak wicket, and they were ignored the moment the Centre became
powerful.OVER-CENTRALISATION AND A PLEA FOR STATE AUTONOMY
319
Now again there is talk of giving more powers to the States. Is it only because the Central
Government is ruled by the Coalition supported by regional parties or because many States are
ruled by non-congress parties or is it because the political shifts in the States are assuming new
dimensions?
REFERENCES
1. "Institutionalised tension" though used in a wider context, has been borrowed here from Alpheus T. Mansons's The
Supreme Court Palladium of Freedom (Michigan, 1962), p. 8. Manson has called the Government of the United States
as "institutionalised tension" because the different organs of the government attempt to compete to attain a dominant
political position.
2. Constitution of India, Article 250.
3. Ibid., Article 356.
4. Ibid., Article 256.
5. Ibid., Article 249.
6. India Today, March 31, 1990, p. 45.
7. States of West Bengal vs. Union of India, 1964, I.S.C.R., 405-06.
8. Shiromani Akali Dal daAadesh Patar (Election Manifesto), 1967, Amritsar Shiromani Akali Dal.
9. Shiromani Akali Dal da Nawan Policy Programme (New Policy Programme), passed by the Dai's Working
Committee on 16-17 October, 1973, at Anandpur, 5-6.
10. Information and Public Relations Department, Government of West Bengal, No 1010(450) IRT/P.
11. The Times of India, June 24, 1978.
12. Henry Steele Commager, "To Form a Much less Perfect Union," The New York Times Magazine, July 14, 1963.
13. Prabhu Datta Sharma, "Linguism and Regionalism: Challenges to Democracy," in S.P. Aiyar and R. Srinivasan
Studies in Indian Democracy (Bombay, 1965), p. 437.
14. Amal Ray, Inter-Governmental Relations in India (Bombay, 1966), p. 148.
15. B. L. Maheshwari and R. Ram Mohan Rao, "The Rajamannar Report—A Survey of Reactions," B.L. Maheshwari,
ed., Centre-State Relations in the Seventies (Calcutta, 1973), pp. 299-314.
16. B. K. Banerji, "Centre-State Relations : A Critique of West Bengal Memorandum", Mainstream, March 11, 1978,
p. 19.
17. M. S. Dhami, "Political Parties and State Autonomy Issue—A Case Study of Akali Party," in K. R. Bombwall,
ed., National Power and State Autonomy (Meerut, 1977), pp. 157-58.
18. Ibid.
19. Ibid.
20. Ibid.
21. Ibid. Chapter 27
CENTRE-STATE RELATIONS
AREAS OF CONFLICT
In India, Union-State relations have taken a new turn after the Fourth General Elections with
coming into power of non-Congress coalition governments in several States and with Congress
government at the Centre being reduced to a thin majority. The Union-State tensions before this
were, more often that not, an intra-party affair which took the shape of a family quarrel and as
such, it was comparatively easy to resolve it, particularly on account of the presence of Nehru and
the prestige that he commanded at the national and state levels. Bargaining pressures were at
work and even tensions were generated, as is obvious from stand of B.C. Roy, the Chief Minister
of West Bengal, on the Damodar Valley Corportation issue. But conflict resolution could take
place with the help of consultation-consensus technique and that also within the Congress system
itself. It appeared that the federal system was operating in a unitary party framework. After the
Fourth General Elections the federal system has to operate within a multi-party framework, which
perhaps is more akin to the plural social background of Indian federalism. The post-Fourth
General Election tensions in Union-State relations are characteristic of the transition from the
stage of one-party dominant politics to the present-day multi-party competitive politics.
The major conflict areas between the Union and the States can be broadly classified into three
categories of issues, though no rigid compartmentalization is possible, viz., (i) the political
dimensions, (ii) administrative dimensions, and (iii) economic and financial dimension.
1. Political Dimensions
There is a tendency in our country to view politics through the constitutional legal mechanism
and to suggest constitutional amendments for resolving political problems. Many facets of
political life including the Centre-State relations undoubtedly have a legal basis. But it should be
noted that these relations are essentially political and it is important to evolve political solutions
rather than look for legal remedies. The constitutional framework is stable, while the political
context of the relations changes. Even the operation of the Constitution is dependent on the
dynamics of the political dimension, such as the party alliances, the ideological movements and
the people's demands.
In fact, as long as the Congress Party was in power at the Centre as well as in all the States, there
was little need to use whatever constitutional provisions were available for managing Centre-
State or Inter-State conflicts. These were more like family disputes which could be handled by
the elders—the High Command—and it was discourteous even to mention these matters in
public. It was only when the non-Congress parties formed governments in different states that the
party machinery could not be utilised for the inter-Governmental disputes. Moreover, inter-party
differences also tended to beCENTRE-STATE RELATIONS : AREAS OF CONFLICT
321
magnified as inter-governmental conflicts. The four aspects of political dimensions of Centre-
State relations are as follows:
(i) Dynamics of Political Parties : As long as the same political party held sway over both the
Central and the State levels of the system only intra-party factors were important in determining
the Centre-State relations. But in an emerging multi-party system where at least a few of the State
governments are under parties different from the one in power at the Centre, inter-party factors
determine the Centre-State relations and tend to make them more complex. From the viewpoint of
the Central Government the various State Governments on the basis of inter-party relations can
be divided into three types: (i) identical, i.e., of the same party, (ii) congenial, i.e., where
ideological and/or interest gap is low, and (iii) hostile, i.e., where the party in power at the state
level is radically different in its ideological and political orientation. Normally, relations with the
state governments in the first category can be conducted through the framework of the party
machinery and party discipline can be invoked to manage the recalcitrant state leaders. Similarly,
relations with 'congenial' state governments are easily manageable. Even when the party
machinery is not used, there are enough linkages between the two governments which can be
utilised. Obviously, the Centre's relations with the 'hostile' State governments are more difficult
because the gaps in their positions and the conflicting interests are fundamental and compromises
are not easily reached on a wide variety of issues. For example, the CPM-led coalition
governments in West Bengal and Kerala dramatised their anti-Congress positions by organising
Government sponsored anti-Centre bandhs. E.M.S. Namboodiripad, the Kerala Chief Minister,
hinted on May 18,1967 that the Centre was not supplying it with adequate foodgrains and he
would be compelled to make arrangements from China. During March-April 1969, the C.P.M.,
one of the constituent units of the United Front in West Bengal, demanded the 'immediate' recall
of Governor Dharam Vira.
(ii) Politics of Coalition : The Indian political system has had considerable experience with
coalition governments, particularly since 1967. There have been in all a total of 27 coalition
governments in eight states between March 1967 and August 1971. Bihar, of course, has provided
the classical example of unstable coalitions, some of which lasted only for a few days. There are
two elements of coalition behaviour which affect the Centre-State relations. First, coalition
governments, particularly those made of several political parties, tend to be unstable and
governmental instability in states and/or the Centre adversely affects Centre-State relations.
Moreover, a coalition government gives rise to inter-party linkages which are numerous and
complex and the inter-party perception of both power and ideology tend to affect the Centre-State
relations.
If the dominant party at the Centre is a constituent of the coalition government in a state (Kerala
coalition of 1982, Jammu and Kashmir coalition of 1975, U. P. coalition of 1970, Bihar coalition
of 1990, Rajasthan and Gujarat coalition of 1990, Punjab coalition of 1997) the state government
can be considered 'congenial'. In this case, there may be a tendency on the part of the Central
leadership to use the party linkages for the purpose of inter-governmental relations with State
Government. On the other hand, if a state level coalition has excluded the dominant party at the
Centre, the State Government may be considered hostile. In this situation, the state leadership of
the dominant party would usually like the Central leadership to use governmental power to under-
mine the State Government (for example, the downfall of the Kerala coalition in 1982 illustrates
the view). Since the Centre possesses paramount powers over the State governments, its actions
have great impact on the fortunes of322
INDIAN GOVERNMENT AND POLITICS
Central intervention should tend .to stabilise the coalitions and also increase its anti-centre
posture. :.
(hi) President's Rule : One of the more conspicuous and widely used instruments of Central
power over the States is the provision for President's Rule under Article 356. This was meant as a
'safety valve' in the political system to prevent an authority vacuum in case of a breakdown of
constitutional machinery in a particular state. The experience with the working of Article 356
suggests that during the days of one-party dominance, the President's Rule was used as a device
to manage the transitional problem and a short spell of this was usually effective in restoring
stability in the States. The situation has changed radically after 1967. Now the use of this
emergency device has become more frequent and the critics feel that Centre has used this as a
political weapon against the State governments formed by opposition parties. For example
President's rule in Tamil Nadu (1976) discovered altogether new and novel dimensions for the
application of Article 356 of the Constitution. The DMK Ministry in Tamil Nadu was dismissed
from office principally on the ground that it indulged in corruption. But to invoke the tool of
President's rule against a State on such charges is to set up a dangerous precedent in the field of
Centre-State relations. The dissolution of nine State Assemblies and proclamation of President's
rule in 1977 as well as in 1980 was a political move and a blow to the federal democratic
structure of the country.
(iv) Integrity of States : A federal system is characterised by two sets of governments with
division of powers. The State governments in this system enjoy autonomy in certain areas within
their territorial jurisdiction. One of the first tests of a federal system is that the federating units
have distinct territorial identity and their integrity is maintained. In this respect, the States in the
Indian political system are severely handicapped because the Constitution does not protect their
identity and integrity. Article 3 empowers the Parliament to change the territorial integrity and
identity of any State. The experience of the post-1956 period suggests that Article 3 has been
frequently used to carve out new states and the pressures .for its use have continued unabated.
Thus, for example, Bombay and Punjab States were bifurcated in response to continued and
widespread political agitation. The States like Nagaland, Himachal Pradesh, Meghalaya, Manipur
and Tripura were created. There have been two major effects of this continuing States
reorganisation. First, the unity and integrity of the States has been in doubt. Second, there have
been persistent demands for statehood by Union Territories and the sub-regional groups. As a
result, most of the States have sub-regional groups who aspire to have a state of their own.
Telangana, Vidarbha, Bodoland, Gorkhaland are a few of the more prominent examples. Since,
the Centre alone has the power to create new States, the focus of these demands has been to
attract the attention of the Central leadership. This imposes considerable strain on Centre-State
relations. 2. Administration Dimensions
Whereas relations between the Centre and the States are essentially political, the operational
aspects of the political system can be regarded as the administrative dimension of these relations.
The distinction between politics and administration may be possible at the institutional level but
in respect of inter-governmental relations the interaction between politics and administration
lergely determines the substance and style of these relations. An understanding of this
administrative1 demension is more important in India because unlike other federations, the Iridian
system contains some unusual features. The Constitution has visualised an administrative system
based on the paramountcy of the Centre. Rather than creating parallel administrative structures,
the Indian Constitution has provided for a single structure therebyCENTRE-STATE RELATIONS :
AREAS OF CONFLICT
323
intensifying interdependence of the two levels of government. It is out of the compulsions of
interdependence that tensions in Centre-State relations are aggravated. The following major
issues are identified here to stimulate discussions: (i) role of the Governor, (ii) bureaucracy; (iii)
inter-state disputes, (iv) law and order, and (v) the Constitution.
(i) Role of the Governor : The Governor, as an appointee of the President, has come to be looked
upon as chief instrument of Centre's alleged conspiracy to topple the non-Congress ministries in
the State. The state governments ruled by the non-Congress parties just after the Fourth General
Elections felt that the gubernatorial offices were being filled by the Union Government with
leaders of the Congress Party who had been defeated in the polls and that the ruling party at the
Centre was utilizing them to topple United Front governments and to promulgate President's
Rule. The Rajasthan Governor, Dr. Sam-purnanand, chose, to call the leader of the Congress
Party to form the government after his controversial interpretation of the position of the inde-
pendent MLAs. In West Bengal, the Governor dismissed the Ajoy Mukherjee Ministry in
November 1967 because he reached the conclusion that the Chief Minister did not enjoy majority
support in the Assembly. After dismissing the United Front Ministry, the Governor appointed a
new Chief Minister. It was questioned whether the inclusion into the office of a defector was a
sound decision on the part of the Governor. The Governor of U.P., Gopala Reddy, after Charan
Singh's exit, having being convinced that neither the Samyukta Vid-hayak Dal (SVD) nor the
Congress was in a position to give a stable administration to the State recommended the
dissolution of the Assembly. The main issue that was raised in this case was whether it was not
obligatory for the Governor to give a chance to the SVD in deference to the outgoing Chief
Minister's advice to form a government.
On many occasions, Governors have dismissed Chief Ministers when the matter should have
been decided by the State Legislature. The most controversial in the recent times were, however,
the dismissals of Surjit Singh Barnala by S.S. Ray in Punjab (1987), Farook Abdullah by Jag
Mohan in Jammu and Kashmir (1985) and N.T. Rama Rao by Ram Lai in Andhra Pradesh
(1984). The recent dismissal of the Janata Dal Government in Karnataka (April, 1989) and
Kalyan Singh Government in U. P. (1998) are the latest violations of constitutional propriety by
the Governor of a State.
The constitution is quite clear on the appointment of the Governor. Article 155 provides that "the
Governor of a state shall be appointed by the President." The provision was further modified in
practice by two conventions. Firstly, the powers of the President in respect of the appointment of
Governors were exercised by the Union Cabinet, more specifically the Prime Minister and the
Home Minister. Secondly, the Chief Minister of the concerned State was consulted in advance of
the appointment. This worked well until 1967 because generally the Chief Ministers and the
Governors belonged to the same political mainstream. But this became a subject of public debate
after the conflict between the Governor and the cabinet in West Bengal. The United Front
Government of West Bengal demanded the withdrawal of Governor Dharam-vira and asserted its
right to accept or turn down the Centre's choice for governorship in the State. In Bihar also the
state cabinet openly expressed its unwillingness to accept as Governor the persqn appointed by
the President.
(ii) The Bureaucracy : Bureaucracy is another area of friction between the Central Government
and the States. The points at issue are the neutrality of services and formation of new All-India
Services. It is being questioned whether the services, which hitherto were called upon to
implement the programmes
alone will implement with the324
INDIAN GOVERNMENT AND POLITICS
same honesty and zeal the policies of the DMK and AIDMK in Tamil Nadu, Akali Dal in Punjab,
CPM in West Bengal, and for that matter, a government of any other political complexion in any
of the remaining States. Another issue of vital importance is the question of the formation of All-
India Services and the general indifference or even opposition, to such a move on the part of
States. Three reasons are advanced for this resistance : (a) the creation of new All-India Services
cuts at the effective spread of State services, thus reducing the employment opportunities for the
sons of the soil; (b) the All-India Services encroach upon State autonomy; and (c) they also
involve larger expenditure because of high salary scales. Members of the All-India Services look
to the Centre for protection which may be to the detriment of state's political authority. Indeed,
the All-India Services are already becoming suspect in the eyes of the States ruled by political
parties adopting a leftist or regional stance. E.M.S. Namboodiripad, the former Chief Minister of
Kerala, openly questioned the validity of the All-India Services, the members of which "are
recruited and trained by the Congress Government at the Centre and posted to States in many of
which are non-Congress governments."
In July 2001 the Central Government has requisitioned the services of three IPS officers from
Tamil Nadu Cadre—the Chennai Police Commissioner, Mr. K. Muthukaruppan; the Joint
Commissioner, Mr. S. George and the Deputy Commissioner, Mr. Christopher Nelson—for being
posted in the Cabinet Secretariat. They were part of a group of police officers named by the DMK
in the 'arrest drama" of its leader Mr. M. Karunanidhi, and the two union Ministers on June 29/30.
However, the Tamil Nadu Government in its reply, informed the Centre that the appointment was
a "deviation of transfer norms and guidelines." The state government stated that the centre had
flouted its own guidelines and norms on deputation of All India Services officers which were
communicated to the states from time to time." The state also pointed out that the three police
officers who were transferred were not eligible for "interstate deputation." For, the three officers
were not on the "offer list" annually given by the state government for deputation to the Central
cadre.
The Indian Police Service, (Cadre) Rules, 1954—in exercise of the powers conferred by the All
India Services Act, 1951—lay down in Rule 6 that a cadre officer may be deputed for service
under the Central Government but that will be "with the Concurrence of the state government
concerned." The rule, however, has a proviso which says that "in case of any disagreement, the
matter shall be decided by the central government." The transfer issue created Centre-State row
and involves the vital issue of the autonomy of the state government.
(iii) Inter-State Disputes : The other tension areas are the areas of Inter-State conflicts rather than
cases of disputes. Normally, an inter-state conflict increases the bargaining power of the Centre
vis-a-vis the concerned States and therefore it may be in the interest of the Centre to keep these
disputes alive. Moreover, since the Centre is empowered by the Constitution to settle these
disputes, the concerned States direct their demands and frustrations at the Centre and convert
these conflicts into issues of Centre-State relations.
In India, there are two types of inter-state disputes, viz., inter-state water disputes and inter-state
boundary disputes. The major inter-state water disputes are the Krishna water dispute between
Mysore and Maharashtra, Cauvery water dispute between Karnataka, Kerala and Tamil Nadu and
N armada water dispute between■'Gujarat, M.P., Maharashtra and Rajasthan. On July 12, 2004,
Amrinder Singh, the Chief Minister of Punjab, convened a special session of the Punjab
Assembly and chartered a new course to the troubled waters by enacting a legislation to annul all
past pacts entered into by the state on the sharing of the Ravi and Beas waters, including the
1981CENTRE-STATE RELATIONS :;AREAS OF CONFLICT
325
agreement, with its neighbours Haryana and Rajasthan. Within hours of the State Assembly
unanimously passing the Bill Governor stamped his assent to the Punjab Termination of
Agreements Bill. The new law has resurrected the war over water between Punjab and Haryana.
The move has brought into focus the question whether a state can unilaterally abrogate an
agreement with other States? More significant is the larger constitutional issue of the State
Legislature's competence to undo the basis of an apex court verdict concerning other states. Inter-
State boundary dispute represent the unsettled issues of reorganisation of States. There have been
many such disputes in the past, but the prominent disputes are: Mysore-Maharashtra dispute,
Punjab-Haryana dispute, Assam-Nagaland dispute, etc. The Centre's involvement in these
disputes is more as an arbitrator than as an interested party and it thus gets caught in inter-State
cross fires. The disputes manifest themselves not in a movement away from the Centre but in a
concentration of conflicting pressures on it, which cut across party lines. For instance, the
Mahajan Commission on Mysore-Maharashtra boundary dispute makes an interesting case study.
When the Centre appointed the Mahajan Commission, the Maharashtra Government favoured it
while the Mysore Government opposed it. The Commission's recommendations, however, were
in favour of Mysore and so Mysore demanded implementation of the Mahanjan Report but
Maharashtra naturally opposed it, thus creating a stalemate for the Centre.
(iv) Law and Order : In the functional sphere the law and order issue has been the most fertile
ground of disputes. The Constitution makes the State government responsible for maintenance of
public order as well as protection of the Central Government property located in the State. The
properties of the Centre and its undertakings are spread all over the country. The most con-
spicuous instance is that of the railways. Any disruption in the effective functioning of the
Central undertakings will cause inconvenience to the public. To avoid such a situation, the
Constitution authorises the Centre to give directives to various State governments. In case of non-
compliance of any State governments to Central directives, the Centre could resort to the exterme
step of taking over the administration of such State under Article 356.
Apart from regular armed forces, the Centre has the Central Reserve Police (CRP) constituted
under the Act of 1939. The CRP is described as a "force charged with the maintenance of public
order." Police is a State subject. It is not even in the Concurrent List. Yet the Central Government
has built up a huge and ever increasing Central Police Force. The Force today has strength of
1,67,637 comprising 137 battalions (119 Executive Battalions, 10 Rapid Action Force Battalions,
2 Mahila Battalions, 5 Signals Battalions, 1 Special Duty Group), 30 Group Centres, 8 Training
Institutions, 3 Base Hospitals, 7 Arms workshops and one Central Weapon Stores. In the last
decade, the expenditure on CRPF has gone up from Rs. 30,888.00 lakh to Rs. 1,13,074.00 lakh
betwen 1988-89 and 1999-2000.* The basic problem arises from the role of the Centre in periods
of strife, like strikes, bandhs, gheraos and general lawlessness. In some of the states, like Kerala
and West Bengal, the situation assumed alarming dimensions. What should the Centre do if the
State government do not effectively safeguard the Central Government properties? For example,
on September 17, 1968, the Kerala Government turned down the Centre's request that necessary
measures, including arrests under prosecution, should be taken under the provisions of the Central
Ordinance, promulgated as a sequel to the Central employees strike. Under such circumstances,
when the CRP was deployed in the State, it led ito Centre-State confrontation. 326
INDIAN GOVERNMENT AND POLITICS
where the deployment of CRP units gave rise to similar Centre-State tensions. As recent events
(Andhra, 1984 for example) have shown, Central forces were deployed purely for political
reasons.
The CRP by 2002 had over 141 battalions and the Border Security Force (BSF), that was created
after the Chinese aggression in 1965 with a strength of 25.5 battalions, had nearly 157 battalions
at present. The Central Government deployed the BSF units in several States, at times dealing
with peaceful agitations of the people, as in Bihar and U.P. The BSF has also been deployed to
fight terrorism/militancy in the state of Jammu and Kashmir and insurgency in the Eastern
sector.2
Very recently the RJD State Government of Bihar and the CPM Government of West Bengal
questioned the legality of the Central team's visit to the States. "The present exercise by the
Central Government (to send teams to Bihar and West Bengal) is not in the spirit of cooperative
federalism as envisaged in the constitution but is outright by an example of confrontational
federalism" Constitutional expert and senior advocate Rajiv Dhawan said. However, the Union
Home Minister L. K. Advani had said that "I agree that law and order is a State subject but under
Article 355 the Union Government is duty bound to protect the State from internal disturbances.
It is true that the police power is the inherent power of every State. It is impossible to think of a
State without this basic authority. Thus though "police" as a subject is, undoubtedly, allocated to
our State, the Centre also has the inherent police power to discharge its multifarious duties as a
State. It is unthinkable that the States are totally free to manage their law and order in the way
they like and half a million strong paramilitary force with centre is just meant to be a mercenary
army maintained for the benefit of the States.3
(v) Constitution : The Constitution of the country is federal in form but unitary in spirit. The party
in power at the Centre is content with the existing constitutional framework. While the regional
parties and the States ruled by the non-Congress governments demand a thorough revision and
change. They stand for a thorough re-examination and introduction of amendments of far
reaching importance in the Constitution so that Centre-State relations could be re-arranged and
the States can acquire more power.
3. Economic and Financial Dimensions
Complaints from States were almost unanimous that the Centre had not shared taxes with them in
the spirit of the Constitution, that they had to perform the ever widening functions in
development and social services, but matching finances were not being transferred to them from
the Centre, and that under the existing system of allocation of funds the rich States got more and
poor States less, which resulted in an ever widening gap.
Apprehending lest the Central assistance to the States should be made selectively and not on
political considerations, the framers of the Constitution had provided for an independent agency,
a Finance Commission, under Article 280. But the mechanism did not work well because the
Finance Commissions that were set up from time to time handled and controlled only the
statutory grants-in-aid, and quantum of money at their disposal was very limited. The bulk of the
funds assigned by the Union to the States fell within the category of discretionary grants and
these were made on the recommendations of the Planning Commission. Whereas the Finance
Commission was the creation of the Constitution, the Planning Commission was the offspring of
the Union Government. The Prime Minister was its Chairman and the Minister of Planning
became its Deputy Chairman. Later on, this post was held by D.P. Dhar, P.N. Haksar, Lakdawala
and Swaminathan. All of them were close confidants of the Prime Minister. Most of the
administrative staff of the Commission wasCENTRE-STATE RELATIONS : AREAS OF CONFLICT
327
drawn from the Union Ministries. In such a situation, the policies and decisions of the Planning
Commission could not be distinguished from those of the Central Government. What and how
much grant was made to a particular State was formally a decision of the Planning Commission,
but that was allegedly made by the Centre.
The Planning Commission controls the development activities of all the States. Even the
legislative activities of the State governments relating to such subjects of the State List as
agriculture, education, health and co-operation passed into the hands of the Planning
Commission. For instance, the land reforms schemes of the States were examined by the Land
Reforms Division of the Planning Commission before a bill incorporating them could be
introduced in the legislature. In fact, there was hardly any developmental activity of the State
Governments where the Planning Commission was not involved. Voices were, therefore, raised
that the Planning Commission had become another 'super government' which had made the States
subservient to the Centre. Demands were made by the States that the Planning Commission
should be made an independent autonomous body and should not merely be a wing of the Central
Government.
All the States want the location of some industrial project within their territory. They particularly
demand the location of public sector undertakings of the Central Government which encompass
most of the basic industries, such as iron and steel, heavy electricals, heavy engineering,
fertilisers and so on. The location of basic industry with huge investment and tremendous
employment potential, has a multiplier effect on the further development of the region in which it
is located. The location of large public sector industries, on the other hand, is preceded by claims
and counter-claims by different States coupled with lobbying with the Centre. The circulation of
the demand often assumes the form of open protests, like agitations, strikes and bandhs. For
instance, there was a big agitation in 1966 in Andhra Pradesh for the location of the fifth steel
plant at Vishakhapatnam. Similar agitations for the location of the same plant also took place in
Mysore and Tamil Nadu. The political leadership in these States, including the Chief Ministers,
actively supported the popular agitations and in some cases took initiative in organising them.
Ultimately, the Union Government partly conceded the demands of all these States by splitting
the integrated fifth steel plant into three smaller plants and allocating them to each of these
agitating States. Orissa's demand for the location of yet another steel mill, Orissa and Kerala's
competition for the location of the second ship-building yard, and Andhra and Rajasthan's
competition for the location of copper and zinc smelter plants are few of the examples which
highlights inter-State rivalry in location of the Central projects. As long as the Central projects
divided on the basis of outcome of the bargaining process, every project is likely to generate
tensions in Centre-State relations.
Licensing of industries is another great irritant to the States. Most States are naturally anxious to
industrialise rapidly particularly to tackle the rising problem of unemployment. The Central
licensing system had been too rigid and time consuming. It took years to decide even the smaller
things and there were so many departments and obstacles to surmount that the whole business
became very tiresome and frustrating. Leaving aside the private entrepreneurs even the State
application for industrial licences suffered the same fate.
Those who argued that the system of industrial licensing benefits only a few States are justified to
a considerable extent. For instance, out of 562 licenses issued during the 15 months from January
19/0 to March 1971, 153 were for factories to be located in the five States of Maharashtra, West
Bengal, Gujarat,328
INDIAN GOVERNMENT AND POLITICS
CENTRE-STATE TENSIONS : LEADING EVENTS
The grievances and complaints of the States ruled by the non-Congress parties and leading events
which caused Centre-State tensions are as follows:
When the Central Government employees went on a strike in September 1968, the Union
Government, without informing or seeking consent of the Kerala Chief Minister, moved the
Central Reserve Police (CRP) in the State. As maintenance of law and order is the obligation of
the States, this step was considered a serious violation of the constitutional provisions.
The United Front Government of West Bengal demanded the immediate recall of Governor
Dharmvira on February 16,1969 because no normal relations can be established between the
present Governor and the new UF Ministry. Jyoti Basu warned on March 3, 1969 that the Centre's
refusal to recall Dharmvira by 6 March would create a 'constitutional crisis' for which the Centre
would be entirely to blame.
On March 24, 1969, the Central Reserve Police fired at a mob in the administrative building of
the Durgapur Steel Plant as a result of which sixty people were injured. The West Bengal Home
Minister, Jyoti Basu, sharply reacted to the CRP action and urged the withdrawal of the CRP
units from the State. He argued that the maintenance of law and order, including the protection of
all types of property—Central, State and Private—was within the constitutionally delimited
jurisdiction of the State Government. As Basu said: "There cannot be two parallel forces in the
States. The action of the CRP was justified by the Union Home Ministry on the ground that the
Central Police had to move into action because the local police expressed their difficulties in
providing protection."
As a protest against the firing on the workers by the security guards of the Cossipore Gun and
Shell Factory, the United Front of West Bengal organised a 'Bangla Bandh'. The State
government lent all support to the Bandh and this infuriated the Centre. When the Centre set up a
commission of enquiry into the Cossipore firing, Basu questioned the legality of its appointment.
The Chief Minister of Punjab, Gurnam Singh, accused the Centre on June 28, 1969 of'political
dishonesty'in respect of the demarcation of Punjabi Suba and the determination of the future of
Chandigarh.
Kerala Chief Minister E.M.S. Namboodiripad said in May 1967 that if the Centre failed to fulfil
its commitment to his State he would be compelled to make arrangements from China. He
demanded Kerala's foreign exchange earnings.
R.N. Singh Deo, Chief Minister of Orissa, demanded the location of a second steel plant in his
state, and threatened mass agitation if that were not done.
In April 1979 the Central Government expressed the desire to put the State List subject of cow
protection into Concurrent List, but it was opposed by the State Governments of Kerala and West
Bengal.
The West Bengal Finance and Planning Minister declared that the Planning Commission had no
mandate to issue guidelines and these were not applicable to them.
SUGGESTIONS FOR SMOOTH CENTRE-STATE RELATIONSHIP
After the Fourth General Elections the issue of Centre-State relationship became a subject of
serious publjc concern in India and constitutional experts began to suggest ways and means of
avoiding a confrontation between the two. Various suggestions were made: (i) The powers and
duties of the President and Governors in regard to the suspension of a State government in case of
the breakdown of constitutional machinery needed fuller investigation, (ii) The Planning
Commission should, p% made an independent and autonomous body.CENTRE-STATE RELATIONS :
AREAS OF CONFLICT
329
(iii) The Finance Commission should be a permanent body, (iv) A person to be appointed as a
Governor should be one who has had a long experience in public life and administration and can
be trusted to rise above party prejudices and predilections. He should not be eligible for further
appointment as a Governor after the completion of his term, (v) The convention of consulting the
Chief Minister before appointing a Governor is a healthy one and may continue. (vi) When the
Governor has reason to believe that the ministry has ceased to command a majority in the
Assembly, he should come to a final conclusion on this question by summoning the Assembly
and ascertaining its verdict on the support enjoyed by the ministry, (vii) Before issue of directions
to a State under article 256, the Centre should explore the possibilities of settling points of
conflict by all other available means. Former Chief Justice K. Subba Rao observed that since
different parties held power in different States the emphasis hereafter should be more on co-
operation than on control, more on patriotism than on authoritarianism, more on healthy
competition in common interests than on regimentation, more on objective appraisals of the State
problems than on a partisan approach. M. Hidayatullah stated that the Constitution will be put to
severe strain unless the States are given a free rein legislative, administrative and financial
matters.
The suggestions which Professor Rasheeduddin Khan has mentioned to revamp Centre-State
relations are far more radical than the recommendations of the Sarkaria Commission. 4 For
instance, he is in favour of deleting Articles 356 and 357 (emergency provisions, giving right to
the Centre to dissolve a State Assembly and impose President's rule), whereas the Sarkaria
Commission has only suggested that proclamation of emergency provisions (Article 356) should
be done sparingly and only in extreme cases. Again, whereas the Commission has suggested the
bifurcation of residuary powers between the Union List and the Concurrent List, Mr. Khan has
highlighted the view that residuary powers should remain with the States only.
In fact, the factors responsible for the tension in Centre-State relations are politically motivated.
In the first instance, the Constitution has provided for a federal system of government with an
exceptionally strong Centre. This has naturally made the States apprehensive and suspicious of
the policies of the Central Government. Secondly, the partisan attitude adopted by the Central
government towards various states has also been responsible for tension between the Centre and
States. Thirdly, the difference in the ideology of the party in power at the Centre and the party in
power at the State level has also been responsible for tension in the Centre-State relations. The
negative role which some of the political parties have played has also been responsible for
strained relations. These political parties deliberately raised certain disputes and saw to it that
they were not amicably settled, so that they could continue to lead the agitation and make selfish
gains.
The best way to avoid Centre-State conflict is for the Centre should show imagination,
understanding and a spirit of accommodation, and that it should grant the States adequate finance
without discrimination.
The present-day situation is that co-operative federalism in India having lost its support base in
the Congress system is in search of a new anchorage amidst pressures of democracy, national
development, regional growth and state autonomy.
REFERENCES1J
1. Annual Report 1997-98, Government of India, Ministry of Home Affairs, Department of Internal Security, States
and Home (New Delhi), p:2*l and 32.
2. Ibid., p. 26. 'M
3. B. K. Karkra, "Is West Bengal a Sovereign State" The Hindustan Times, July 6, 1998.
4. Rasheeduddin Khan, Federal India—A Design for Change (Vikas, 1991).
of a Sab
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^SS£iSsii^
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331
The total elected strength of the Lok Sabha is distributed among the States in such a way that the
ratio between the number of seats and the population of any State is, as far as possible, the same
for all States. At present the Lok Sabha consists of 545 members.
Re-adjustment after each Census
Since the population in any given region is an everchanging factor, a way must be found of re-
adjusting the representation of the electoral constituencies. This process is known as
'delimitation'. After each census, re-adjustment is done by the Delimitation Commission, which is
constituted under an Act of Parliament. The work of delimitation includes determination of the
number of parliamentary constituencies in each State, their extent, the number of seats in each
constituency and the number of reserved seats, if any, for Scheduled Castes and Scheduled
Tribes.
Direct Election
The election to the Lok Sabha is conducted on the basis of adult franchise, every man or woman
who has completed the age of 18 years being eligible to vote. The Constitution provides for secret
ballot. According to the present system, a candidate who secures the largest number of votes is
declared elected. Some members in the Constituent Assembly had advocated the system of
proportional representation for the election of members to the Lok Sabha..This was opposed by
Ambedkar who pointed out that with the present standard of literacy India was not ready for
proportional representation. Further, proportional representation might bring about a multiplicity
of political parties and a chronic instability in government.
Duration of The Lok Sabha
Lok Sabha has been provided with a fixed term as in the case of the. popularly elected House of
Representatives in the United States of America and the House of Commons in the United
Kingdom. The raison d'etre of representative democracy is that the government should obtain the
mandate of the people periodically in order to continue in office legitimately. The term of the Lok
Sabha in India is five years from the date appointed for its first meeting. The expiration of the
period of five years operates as its dissolution. The Lok Sabha may be dissolved before the
expiration of its full term under certain circumstances, when a proclamation of Emergency is in
force, the term of Lok Sabha can be extended by Parliament for a period not exceeding one year
at a time and not exceeding in any case a period of six months after the proclamation has ceased
to operate.
Qualifications for Membership
There is hardly any qualification that the Constitution prescribed for a member of Lok Sabha
except that he should be an Indian citizen and has completed the age of 25 years. A striking
feature of the electoral law is that a candidate for election of the Lok Sabha may stand from any
parliamentary constituency from any of the States in India. Such a provision, which is almost
unknown in other federal States, is an incidence of the principle of single citizenship which
emphasises the unity of the nation.
Disqualifications for Membership ■
The Constitution has laid down certain disqualifications for membership (Article 102). These
are: A person shall be disqualified — (a) if he holds any332
INDIAN GOVERNMENT AND POLITICS____
(b) if he is of unsound iniAd and stands so declared by a competent Court; (c) if he is an
undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign state; (e) if he is so disqualified by or under any law made by Parliament.
Sessions
The Lok Sabha shall meet at least twice a year and the interval between two consecutive sessions
shall be less than six months. The time and place of meeting will be decided by the President who
will summon the House to meet. He has also the power to prorogue the House.
The Lok Sabha can also be summoned in a special session for disapproving the proclamation
under Article 352, if a notice in writing signed by not less than one-tenth of the members of the
Lok Sabha is given to the Speaker. When such a notice is given the President must summon the
session within 14 days.
TABLE 1
REPRESENTATION OF STATES AND UNION TERRITORIES IN THE LOK SABHA (2004)
 State 1 Union Territories Number State/Union Territories Number
of Seats of Seats
1. Andhra Pradesh 42 19. Nagaland 1
2. Arunachal Pradesh 2 20. Orissa 21
3. Assam 14 21. Punjab 13
4. Bihar 40 22. Rajasthan 25
5. Chhattisgarh 11 23. Sikkira 1
6. Goa 2 24. Tamil Nadu 39
7. Gujarat 26 25. Tripura 2
. 8. Haryana 10 26. Uttaranchal 5
9. Himachal Pradesh 4 27. Uttar Pradesh 80
10. Jammu & Kashmir 6 28. West Bengal 42
11. Jharkhand 14 29. Delhi 7
12. Karnataka 28 30. Dadar and Nagar Haveli 1
13. Kerala 20 31. Daman and Diu 1
14. Madhya Pradesh 29 32. Andaman and Nicobar Islands 1
15. Maharashtra 48 33. Lakshadeep 1
16. Manipur 2 34. Pondicherry 1
17. Meghalaya 2 35. Chandigarh __J__
18. Mizoram 1 Total 543 + 2
Plus 2 nominated Anglo-Indians = 545
TABLE 2
DATES OF POLL, CONSTITUTION, FIRST SITTING, EXPIRATION OF
THE TERM AND DISSOLUTION OF LOK SABHA
(First to Fourteenth Lok Sabha)
Lok Sabha Last date Date of the Date of the Date of ex- Date of
ofPoll Constitution First Sitting piration of Dissolution
term[Article
83(2) of the
Constitution]
i 2 4 ,__ 5 ____ 6
V3
First Second 21.02.52 02.04.52 13.05.52 12.05.57 04.04.57
Third 15.03.57 05.04,57 10.05.57 09.05.62 31.03.62
25.02.62 02.04.62 16.04.62 15.04.67 03.03.67
THE INDIAN PARLIAMENT
333
ified
0f
eet.
ing han uch
Fourth 21.02.67 04.03.67 16.03.67 15.03.72 27.12.70'
Fifth 10.03.71 15.03.71 19.03.71 18.03.77 18.01.77*
Sixth 20.03.77 23.03.77 25.03.77 24.03.82 22.08.79*
Seventh 06.01.80 10.01.80 21.01.80 20.01.85 31.12.84
Eighth 28.12.84 31.12.84 15.01.85 14.01.90 27.11.89
Ninth 26.11.89 02.12.89 18.12.89 17.12.94 13.03.91*
Tenth 15.06.91 20.06.91 09.07.91 08.07.96 10.05.96
Eleventh 07.05.96 15.05.96 22.05.96 21.05.2001 04.12.97*
Twelfth 07.03.98 10.03.98 23.03.98 22.03.2003 26.04.99*
Thirteenth 04.10.99 10.10.99 20.10.99 19.10.2004 06.02.04
Fourteenth 10.05.04 17.05.04 02.06.04 07.06.09 —
1. Mid-term Polls were held, Dissolution took place even before the elections.
2. Last Dates of Poll in column (2) are based on reports of Election Commission.
[Source : Annual Report, 2003-04, Government of India, Ministry of Paliamentary Affairs
(New Delhi), p. 6 & 7.]
THE SPEAKER OF THE LOK SABHA
The Lok Sabha is presided over by the Speaker who is elected by the House from among its own
members. The Speaker's office is one of much dignity, honour and power. In India, it has evolved
gradually and slowly. Though legislatures came into existence under the Charter Act of 1853, yet
meetings of these bodies till 1920 were presided over by the Governor-General. The first elected
President of the Central Assembly was Vithalbhai Patel, who held this office from 1925 to 1930.
He has been characterised as an unexceptionable occupant of an office which was akin to the
Speaker of the House of Commons. The Government of India Act, 1935 provided for the office
of the Speaker and Deputy Speaker but due to non-implementation of the federal part of the Act,
this provision could not be implemented. It was only in 1946 that G.V. Mavalankar was elected
as the Speaker of the Legislative Assembly and continued to hold this high office till 1956.
Election and Removal of the Speaker
Under the present Constitution, both the Speaker and the Deputy Speaker of the Lok Sabha are
elected in accordance with the procedure laid down under Article 93 of the Constitution. In the
existing procedure this election is to be held on the very first sitting of the House. This meeting is
to be presided over by a pro-tem-Speaker and a tradition was growing that the senior most
member of the House shall be so nominated for the purpose. Both the Speaker and the Deputy
Speaker are elected separately on motions moved and seconded by the respective party leaders. A
convention is, however, gradually developing whereby a candidate sponsored by ruling party is
elected unopposed to the office of the Speaker and the candidate for the post of Deputy Speaker is
generally from the opposition and is supported by the ruling party to ensure his unanimous
election.
Once elected, the Speaker holds office from the date of his election and shall be deemed to be
Speaker until a new one is chosen by the new Lok Sabha. For whatsoever reason, if a person
holding the office of the Speaker ceases to be a member of the House, he shall also cease to be
Speaker as well. He can, however, be removed only by a resolution of the House for which 14
days' notice is mandatory [Article 94(c)], which shall be effective only if passed by a majority of
the House. When a resolution for the removal of the Speaker is underTABLE 3
PARTY POSITION IN LOK SABHA (at the time of constitution of various Lok Sabhas)
Lok Sabha
r
s. 1952 1957 1962. 1967 1971 1977 1980 1984 ~198l 1991 1996 1998
P
No. Party 1 Group Total Total Total Total Total Total Total Total Total Total Total Total
489 494 494 520 520 540 528 512 524 502 540 539
1. Indian National Congress 364 371 361 284 360 150 353 402 194 224 138 141
2. Socialist Party 12 — 6 — 5 — — — — — — ■—

3. K. M.P.P. 9 — — — — • — — — — — — —

4. Communist 16 27 29 — — — — — — — — —

'• 5. Bharatiya Jan Sangh 3 4 14 35 20 — — — — — — —

• 67 Independent and others 85 73 20 35 13 20 15 9 12 1 9 6

7. Praja Socialist Party — 19 12 — — — — — — — — —
8. Swatantra Party — — 18 — 7 — — — — — — —
9. Republican Party — — 3 — — — — — — — — —
10. Hindu Mahasabha — — 1 — — — — — — — — —
11. Ram Rajya Parishad — — 2 — — — — — — — — —
12. Other State Parties — — 20 -— — • — — — — — —
13. Regd. (unrecognised) Parties — — 8 6 — — — — — — — —
14. Samajwadi Party — — — 44 — — — — — — — —
15. Samyukta Socialist Party — — — 23 — — — — — — — —
16. C.P.I. — — — 23 24 27 11 6 12 13 12 9
17. C.P.I. (M) — — — 19 26 22 36 22 32 35 32 32
18. Praja Socialist Party — — — 13 — — — — — — — —
19. Republican Party of India — — — 1 — — — — — — — 4
20. All Party Hills Leader Con- — — — 1 — — — — — — — —
ference
21. J&K National Conference — — — 1 — 2 3 3 3 — — 2
22. Indian Union Muslim — — — 2 3 2 3 2 2 2 2 2
League
23. D.M.K. — — — 25 19 — 16 2 — — 17 6
24. Peasants & Workers Party — __ 2 — 5 — — — — — 1
>

s
Party 1 Group Lok Sabha
1952 1957 1962 1967 1971 ^JL977 1980 1984 1989 1991 1996 1998 1
Akali Dal Sant Fateh Singh — — — 3 — — — — — — — — —
Group
A.I.F.B. — — — 2 2 3 3 2 3 3 3 2 2
United Goans Sequeria — — — 1 — — — — — — — — —
Group
Congress (0) — — — — 12 — — — — — — — —
United Independent Par- — — — — 14 — — — — — — — —
liamentary Group
A.I.A.D.M.K. — — — — 5 19 2 12 11 11 — 18 1
R.S.P. — — — — 3 4 4 3 4 4 5 5 3
Kerala Congress — — — — 3 2 — — — — — — 1
Telegana Praja Samiti — — — — 2 — — — — — — — —
Bharatiya Kranti Dal — — — — 2 — — — — — — — —
Janata Party — — — — — 296 28 10 — 5 — 1 —
Akali Dal — — — — — 8 — — — — — — —
Janata (S) — — — — — — 42 — — — — — —
Congress (U) — — — — — — 12 — — — — — —
Telugu Desam — — — — — — — 30 2 13 17 12 2
Congress(S) -• — — — — — — — 3 — — — 1 —
LbkDal...... — — — — — — — 2 — — — — —
Bharatiya Janata Party — — — — — — — 2 86 119 161 179 1
[.
Kerala Congress (J) — — — — — — — 2 — — — — —
Janata Dal — — — — — — — — 141 51 45 6 —
i.
Shriomani Akali Dal (Mann) — — — — — — — — 6 — — ■ —
1
i. B.S.P. — — — — — — — — 3 1 11 5 1
J.M.M. — — — — — — — — 3 6 1 — —
!. Indian People Front — — — — — — — — 1 — — — —
). M.G.P. — — — — — — — — 1 — 1 — —
). Marxist Coordinators — — — — — — — — 1 — — — —
L Indian Congress (Socialist- — — — — — — — — 1 1 — — —
Sarat Chandra Sinha)
> A.I.M.I.M. — — - — — — — — 1 1 1 1 1

s. Party /Group Lok Sabha

No. 1952 (1957_ 1962 1967 1971 1977 1980 1984 1989 1991 1996 j 1998
53. Kerala Congress (M) — — — — — — — — 1 1 1
_
54. Shiv Sena — — — — — — — — 1 4 15 6
55. Sikkim Sangram Parishad — — — — — — — __ 1 1 __ __
56. Akhi! Bharatiya Hindu — — — — — — — — 1 __ __ __
Mahasabha
57. G.N.L.F. — — — — — __ — __ 1 __ __ __
58. A.S.D.C. — — — __ __ __ __ __ __ 1 1 1
59. A.G.P. — — — — __ __ __ __ __ 1 5 __
60. Janata Dal (G) — — — __ __ __ __ __ __ 1 __ __
61. H.VR — — — — __ — __ __ __ 1 3 1
62. Manipur People's Party — — — — — — — __ __ 1 __ __
63. Nagaland People's Council — — — — — — — — --- 1 __ __
64. T.M.C. (M) — — __ I __ — — — — --- --- 20 3
65. Samajwadi Party (M) — — — __ — __ __ __ 17 20
— 1
—
66. Shiromani Akali Dal (Bar- — — __ __ __ __ __ __ __ 7 8
—
nala)
67. Samata Party — — — — — — __ __ __ 5 12
—
68. All India Indira Cong. (T) — — — — __ __ __ __ 4 __
—
69. Samajwadi Janata Party — — __ __ __ __ 3 1
—
(Rashtriya)
70. Madhya Pradesh Vikas — — — __ — __ __ __ __ 1 __
—
Party
71. Karnataka Congress Party — — — — — --- --- 1 __
—
72. Sikkim Democratic Front — — — — I — — __ --- __ 1 1
—
73. United Goa Democratic __ __ __ __ __ __ __ __ 1 __
—
Party
74. Biju Janata Dal — — — — __ __ — __ __ __ 9
—
75. Trinmul Congress — — — — — __ __ __ __ __ 7
—
76. P.M.K. — — — — — — __ __ __ 4
— Q
77. MDMK __ __ _
_
78. H.L.D.R. — — — __ __ __ __ O
I
_ z 4

79. Lok Shakti — — I — 1 — — 3

— —
o

m
3J

I>
o
3
o
C/3

Party 1 Group Lok Sabha

 1952 1957 1962 1967 ri97i H1977 1980 1984 1989 1991 1996 1998 19
Arunachal Pradesh Congress — — — — — — — — — — — 2 —
R.J.D. — — — — — — — — — — — 17 7
Rashtriya Janata Party — — — — — — — — — — — 1 —
United Minorities Front — — — — — — — — — — — 1 —
M.S.C.P. — — — — — — — — — — — 1 1
Janata Dal (United) — — — — — — — — — — — — 21
N.C.P. — — — — — — — — — — — — 8
I.N.L.D. — — — — — — — — — — — — 5
A.B.L.C. — — — — — — — — — — — 2
Rashtriya Lok Dal — — — — — — — — — — — — 2
Shiromani Akali Dal — — — — — — — — — — — — 2
B.B.M. — — — — — — — — — — — — 1
C.P.I. (M-L) Liberation — — — — — — — — — — — — 1
Himachal Vikas Cong. — — — — — — — — — — — — 1
Janata Dal (Secular) — — — — — — — — — — — — 1
MG. R.A.D.M.K. — — — — — — — — — — — — 1
Muslim League Kerala — — — — — — — — — — — — 2
State Committee
TRS — — — — — — — — — — — — —
LJNP — — — — — — — — — — — — —
PDP —. — — — — — — — — — — — —
MUL — — — — — — — — — — — — —
WBTC — — — — — — — — — — — — —
IFDP — — — — — — — — — — — — —
NPF — — — — — — — — — — — — —
SJP (R) — — — — — — — — — — — — —
NLP — — — — — — — — — — — — —
MIM — — — — — — — — — — — — —
MNF — — — — — — — — — — — — —
KEC — — — — — — — — — — — — —
AITC — — — — —■
— — —■ — — — — —
338
INDIAN GOVERNMENT AND POLITICS
*
House, till the fate of the motion has been decided. Motion of removal can be considered and
discussed only when it has the support of at least 50 members.
Powers and Functions of the Speaker
The Speaker of the Lok Sabha enjoys very wide and extensive powers. His some of the powers
and functions are :
1. His foremost duty is to see that there is decorum and discipline in the House and that the
business of the House is conducted in an orderly manner and in accordance with the wishes of the
House.
2. The Speaker is the only authority to decide who shall hold the floor and speak. Every member
has to catch the eyes of the Speaker to get a chance to speak.
3. The Speaker decides about the time which should be allotted to each item on the agenda.
4. His authority in the precints of the House and over the Galleries is final.
5. As presiding officer of the House, the Speaker decides what should appear in the proceedings.
He has also the right to expunge objectionable words, phrases and expressions from the
proceedings.
6. He is the custodian of the rights and privileges of members of the Lok Sabha.
7. He certifies whether a particular Bill is a Money Bill or not.
8. Whenever there is a joint meeting of both the Houses of Parliament, the Speaker, and not the
Chairman of the Rajya Sabha presides over such meetings.
9. All members are supposed to address the Speaker only, while participating in the debates. He
decides all points of order, raised during the course of discussion and his decision is binding.
10. His role during question hour is very important. The Speaker decides which questions
sliould or should not be admitted. It is the Speaker who allows half-an-hour discussion and
admits adjournment motions. A vote of no-confidence against the Government is also admitted
by him.
11. The Speaker admits all the resolutions for discussions and decides when a discussion on a
Bill should be adjourned.
12. He puts the motion to vote and announces the result of voting. In case, there is a tie, he casts
his vote to decide the issue.
13. He is the head of the Lok Sabha Secretariat. Without his permission no officer or employee
of the Lok Sabha can appear as a witness in any Court of Law.
14. He can instruct the Government to place a document on the Table of the House.
15. No arrest or any other type of warrant can be issued by any executive authority against any
member of the Lok Sabha within the four walls of the House without his prior permission.
16. He accepts all resignations sent to him by members of the House.
17. The Speaker authenticates all the bills passed by the House. It is the responsibility of the
Chair to protect the House from unnecessary executive intrusion.THE INDIAN PARLIAMENT
339
Thus, the Speaker has vast powers and functions. He is the channel through which all
communications between the House and the President must pass. In the House when the Speaker
is on his legs, all the members are supposed to sit down and listen to him patiently. If any
member continues to stand that shall be treated as an affront to the Speaker's dignity. He is not
expected to give reasons for his decisions which cannot be challenged by any member.
Comparison with British Speaker
In the British House of Commons, there is however, a tradition that candidate for Speakership
should be an obscure back-bencher but no such tradition has been developed in India. In India,
both Speakers and Deputy Speakers have been active party leaders. Similarly, in India, no
tradition has been developed on the British pattern that the Speaker's constituency.be left
uncontested or that he be returned unopposed or that once a Speaker, always a Speaker. A
convention is, however, gradually developing whereby candidate sponsored by the ruling party is
elected unopposed to the office of the Speaker. In Britain, there is a convention that the Speaker
of the dissolved Parliament is generally re-elected to the next Parliament irrespective of the party
in power, provided he is willing to serve as Speaker. But in India no such convention has
developed.
Position of the Speaker
In view of the vital and vast responsibilities that a Speaker has to fulfil, Prime Minister Nehru,
while unveiling the portrait of Speaker Patel on March 8, 1958, said, "The Speaker represents the
House. He represents the dignity of the House, the freedom of the House and because the House
represents the nation in a particular way, the speaker becomes the symbol of nation's freedom and
liberty. Therefore, it is right that it should be an honoured position, a free position and should be
occupied always by men of outstanding ability and impartiality." 3
The office of the Speaker has been held in great esteem and he is the representative of the House
itself but an unhealthy trend is developing and Speakers are brought into active politics or offered
Governorships. Speaker Dhillon was inducted in the Cabinet as Minister whereas Speaker
Ayyangar and Hukam Singh were sent to States as Governors. Today, Speaker is finding it
difficult to comfortably occupy the elevated Chair. The Chair is not shown proper respect very
often. He is also forced with the problem of non-seriousness on the part of the members.
Generally speaking, the Speaker has a position corresponding to that of the Speaker of the British
House of Commons. He must be absolutely impartial and above party feelings in managing the
business of the House. Not all the conventions surrounding the British Speaker have, however,
been adopted in India in toto. While the principle of impartiality has been accepted, the Indian
Speaker does not cease to be a member of his party; nor does he completely divorce himself from
politics.
Privileges and Immunities
A representative assembly like Parliament must be able to work in an absolutely free atmosphere
where members have no fear of legal action or loss or damage in any way. Thus, the two most
important privileges of Members of Parliament are freedom of speech in the House and immunity
from legal action340
INDIAN GOVERNMENT AND POLITICS
Committees of Parliament. A third privilege is immunity from arrest and service of any legal
process within the precints of Parliament, without the permission of the Speaker or the Chairman
as the case may be.
Among the privileges of Parliament, the more important are its power to regulate, without
external interferences, its own proceedings and to punish for contempt of Parliament any person
or authority violating its privileges, or those of its members.
The more important of the powers, privileges and immunities of Parliament may be enumerated
as follows:
1. Freedom of Arrest : This privilege applies only in civil cases of a civil nature and operates
during sessions of Parliament and 40 days before and after. A member cannot, however, be
arrested inside Parliament, without the permission of the Speaker/Chairman, even if he is wanted
in a criminal case.
2. Powers to Summon Persons : The Houses and their Committees have the right to summon any
person to give evidence and information, to produce documents, or to answer a charge of breach
of privilege or contempt of the House. Disobedience is punishable by the House.
3. Power to Punish for Breach of Privilege : This is the most effective of Parliament's powers. It
can try and punish any person for contempt or breach of parliamentary privileges, committed
whether inside or outside Parliament.
4. Right to Regulate its own Internal Proceedings : No executive or judicial authority in the land
has any right to interfere in Parliament's internal matters.
5. Right to Exclude Strangers : The inviolability of the House by outsiders is strictly maintained.
Visitors must obtain passes for entry into the public galleries. If a Hoifse so desires, outsiders can,
at any time, be expelled from the public galleries of the House.
THE RAJYA SABHA
The Rajya Sabha (The Council of States) is the 'Upper House' of Parliament and is sometimes
called the 'House of Elders'. It was the Government of India Act, 1919 which established the
first second chamber—the Council of States consisting of 60 members, nominated and elected.
High property qualifications were prescribed for voters to the Council of States. The Government
of India Act of 1935 provided directly elected Council of States as the second Chamber
consisting of 156 members from provinces and 104 members from princely states for a term of 9
years, one-third replacing at the end of every three years. The Draft Constitution of India
accepted the second chamber in the most casual manner and elaborate justification for its
adoption was given by the architects of the Constitution. "The most that we expect the second
chamber to do", said Sir Gopalaswamy Ayyangar, "is perhaps to hold dignified debates on
important issues and to delay legislation which might be the outcome of the passions of the
moment." and "to provide opportunity to seasoned people who may not be in the thickest of
political fray, but who might be willing to participate in the debate with an amount of learning
and importance which we do not ordinarily associate with the House of People."
Rajya Sabha : Its Composition
The maximum membership of the Rajya Sabha is limited to 250. According to Article 80 of the
Constitution, the Rajya Sabha shall consist of (a) twelveTHE INDIAN PARLIAMENT
341
practical experience in respect of literature, science, art and social service; and (b) not more than two
hundred and thirty-eight representatives of the States and of the Union Territories.
The present strength of the Rajya Sabha is 245. Of these, 233 are elected by the various State Legislative
Assemblies, thus making the Rajya Sabha predominantly an indirectly elected body.
According to M.V. Pylee, "Its composition has unique features. Here is an attempt to combine different
principles of representation in the composition of the same legislative body. The American principle of
equality of States in representation which has been followed by several federal constitutions was rejected as
undemocratic. At the same time, the election of the majority of its members by the State assemblies is
intended to give recognition to the federal principle. The provision for nomination seeks to bring into the
Council persons of special talents and accomplishments who may not otherwise ever become members."
Indirect Election
Whereas the Lok Sabha is directly elected on the basis of adult suffrage for five years, the Rajya Sabha is
(except for a few nominated by the president for special knowledge) indirectly elected on a proportional
representation basis by the State Legislatures. For the purpose of this election, to each State is allotted a
certain number of seats in the Rajya Sabha. The main basis of such allotment is the strength of the
population in each State. According to the Article 80 of the Constitution: "The representatives of each State
in the Rajya Sabha shall be elected by the elected members of the Legislative Assembly of the State in
accordance with the system of proportional representation by means of the single transferable vote."
But this is not the sole consideration. Thus, for example, Uttar Pradesh, with a population of over 139
million, has been given only 34 seats while 7 seats have been allotted to Assam with a population of a little
over 22 million. While Kerala with a population of 29 million has 9 seats, only 22 seats have been allotted
to Bihar with a population of over 86 million. To take a more glaring example, Delhi with a population of
less than 10 million has 3 seats while West Bengal has only 16 seats despite her population being over 68
million.
The population in some of the Union territories such as Andaman and Nicobar Islands,
Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep are too small to have
any representative in Rajya Sabha. TABLE 4 : REPRESENTATION IN RAJYA SABHA (2004)
S.No. States 1 Union Territories Population 2001 Percentage to Representation in
total Population Rajya Sabha
1. Uttar Pradesh 166,197,921 16.17 31
2. Maharashtra 96,878,627 9.42 19
3. Bihar 82,998,509 8.07 16
4. West Bengal 80,176,197 7.81 16
5. Andhra Pradesh 76,210,007 7.37 18
6. Tamil Nadu 62,405,679 6.05 18
7. Madhya Pradesh 60,348,023 5.88 11
8. Rajasthan 56,507,188 5.50 10
9. Karnataka 52,850,562 5.14 12
10. Gujarat 50,671,017 4.93 11
11. Orissa 36,804,660 3.57 10
12. Kerala 31,841,374 3.10 9
13. Jharkhand 26,945,829 ; 2.62 6
342
INDIAN GOVERNMENT AND POLITICS
. _
14. Assam 26,655,528 2.59 7
15. Punjab 24,358,999 2.37 7
16. Haryana 21,144,564 2.05 5
17. Chhattisgarh 20,833,803 2.03 5
18. Delhi 13,850,507 1.34 3
19. Jammu & Kashmir 10,143,700 0.98 4
20. Uttaranchal 8,489,349 0.83 3
21. Himachal Pradesh 6,077,900 0.59 3
22. Tripura 3,199,203 0.31 1
23. Manipur 2,293,896 0.23 1
24. Meghalaya 2,318,822 0.22 1
25. Nagaland 1,990,036 0.19 1
26. Goa 1,347,668 0.13 1
27. Arunachal Pradesh 1,097,968 0.11 1
28. Pondicherry 974,345 0.09 1
29. Chandigarh 900,635 0.09 —
30. Mizoram 888,573 0.09 1
31. Sikkim 540,851 0.05 1
32. Andaman & Nicobar Islands 356,152 0.03 __
33. Dadar & Nagar Haveli 220,490 0.02 __
34. Daman & Diu 158,204 0.02 __
35. Lakshadweep 60,650 0.01 —
Nominated by President 12
Tbtal 1,028,737,436 100.00 12 + 233 = 245
TABLE 5 : STRENGTH OF POLITICAL PARTIES IN THE RAJYA
SABHA
(January 1999)
Congress 65 Foeward Bloc 2
BJP 44 Asom Gana Parishad 2
CPI (M) 17 AIDMK (i) 1
Telugu Desham 11 AIDMK (ii) 1
Janata Dal 9 TDP 1
Samajwadi Party 9 Sikkim Sangram Parishad 1
Rashtriya Janata Dal 9 Autonomous State Committee 1
CPI 7 RSP 1
DMK 7 Hiniaqhal Vikas Congress 1
AIDMK 5 Kerala Congress 1
Shiv Sena 5 J. M. M. 1
Akali Dal 5 Haryana Lok Dal Rashtriya 1
BSP 4 Haryana Vikas Party 1
BJD 3 Maharashtra Vikas Agadi 1
TMC 3 Independent 13
National Conference 3 Nominated 8
Muslim League 2

The members of each State Legislative Assembly form the electorate for the purpose of
electing the requisite number of members allotted to each State, thus ensuring the
principle of State representation in the 'Upper Chamber' of Parliament. Another principle
that is given recognition in the composition of the Rajya Sabha is representation of talent,
experience and service. The method of proportional representation helps better
representation of minorities.
Recently, in August, 2003 amendments were made to the Representation of the People
Act, dispensing with the domicile requirement and introducing the open ballot system for
Rajya Sabha elections.
The domicile clause : The original stipulation in section 3 of the Representation of the
People Act, 1951 says "a person shall not be qualified to beTHE INDIAN PARLIAMENT
343
chosen as a representative of any State or Union Territories in the Council of States unless he is
an elector for a Parliamentary Constituency in that State or Territory." A condition laid down by
the elector law for registration as a voter is that the person should be "ordinarily resident in a
constituency." In due course practice made a mockery of the domicile requirement through
subterfuge and faked compliance.
Finding Rajya Sabha seats for persons who did not belong to the States or Union Territories they
were supposed to represent became increasingly common. Post-1989, the chief political reason
for accommodating such 'outsiders' has been the need to compensate party persons who cannot
win, or have lost Lok Sabha elections. Media exposure of faked compliance and some legal
challenges rendered the domicile requirement into something of a nuisance.
The petition (filed by Kuldip Nayar and Inder Jit) challenging the amendment of the
Representation of the People Act, 1951 on the ground that it undermines the federal scheme that
is part of the 'basic structure' of the Constitution—has offered an opportunity to look at the
concept of the Rajya Sabha, the circumstances of its creation and what it represents.
Going through the Constituent Assembly debate on the question makes it clear that a second
chamber of the 'Union of States' was explicitly conceived to represent not the Union but the
'units', that is, the States and Union Territories. The whole Council of States scheme was based on
the election of representatives of each State by the elected members of the Legislative Assembly
of that State "in accordance with the system of proportional representation by means of the single
transferable vote." The allocation of seats broadly reflected the population of the units. A small
exception was made to this rule through a provision for the nomination by the President of 12
members having special knowledge or practical experience in respect of such matters as
literature, science, art and social service.
Term
Unlike the Lok Sabha which has a fixed term of five years, the Rajya Sabha enjoys a continuity
of life. Under the Constitution, the Rajya Sabha cannot be dissolved. There is also no provision in
the Constitution for the abolition of the Rajya Sabha like that for a State Legislative Council. The
term of the members of the Rajya Sabha is six years and in this respect it resembles the Senate of
the United States whose members are also chosen for six years. In fact, the Rajya Sabha is a
permanent body like the American Senate. As nearly as possible one-third of the members of the
Rajya Sabha like the members of the American Senate retire after every two years. In other
words, at the end of every second year, one-third of the members are re-elected. This provision
enables the Rajya Sabha to retain its political complexion in a more stable manner than the Lok
Sabha which after every election is a completely new House.
Chairman and Deputy Chairman of the Rajya Sabha
The Vice-President of India is ex-officio Chairman of the Rajya Sabha. He is elected by an
electoral college consisting of the members of both the Lok Sabha and the Rajya Sabha. As the
presiding officer of the Rajya Sabha his functions and powers are the same as those of the
Speaker. He is, however, not a member of the House. While the office of the Chairman is vacant,
or during any period when the Vice-President acts as the President of India or discharges
President, the duties of the Chairman of the Rajya Sabha344
INDIAN GOVERNMENT AND POLITICS
are performed by the Deputy Chairman. The Deputy Chairman is elected by the members of the
Rajya Sabha, and he presides over the sittings of the Rajya Sabha whenever the Chairman does
not do so. The Deputy Chairman is a member of the House and when he ceases to be a member of
the Rajya Sabha, he automatically vacates the office of the Deputy Chairman. He can resign his
office by writing to the Chairman. He may be removed from his office by a resolution passed by a
majority of all the then members of the Rajya Sabha.
The Rajya Sabha also has a panel of members called 'Vice-Chairman' nominated by the Chairman
for the purpose of presiding over the Rajya Sabha in the absence of both the Chairman and
Deputy Chairman. The Secretariat of the Rajya Sabha is headed by a Secretary who discharges
the same functions as the Secretary of the Lok Sabha.
POWERS AND FUNCTIONS OF RAJYA SABHA OR RELATIONS BETWEEN LOK SABHA AND RAJYA
SABHA
In India, the Rajya Sabha in relation to the Lok Sabha is nowhere near as powerful as the
American Senate, nor is it on a par with its Australian counterpart; but it is much more powerful
than the Canadian Senate. It plays a role secondary to that of the Lok Sabha in that it has no
control over the executive. Nevertheless, during emergencies, if the latter House is under
suspension, it can become a forum to voice public concerns and serve to exercise modest checks
on any exercise of arbitrary power by the executive. The powers of the Rajya Sabha are as
follows :
Financial Powers
In the legislative sphere, the Rajya Sabha enjoys an equal status with the Lok Sabha in all
respects except in certain financial matters. A Money Bill or a Financial Bill cannot be introduced
in the Rajya Sabha. It is to be introduced in the Lok Sabha. A Money Bill when passed by the
Lok Sabha has to be transmitted to the Rajya Sabha for its recommendations. The Lok Sabha then
can either accept or reject its recommendations, if any, made by the Rajya Sabha. Under the
procedure established by the Constitution, however, the Rajya Sabha is not altogether prevented
from scrutinizing Money Bills. But its power is only of an advisory character. Every Money Bill
passed by the Lok Sabha will go to the Rajya Sabha for its consideration and within 14 days after
the receipt of the Bill, the Rajya Sabha must take whatever action it deems fit. It may pass it in
which case the Bill goes to the President for his assent. If the Bill is amended or rejected by the
Rajya Sabha it goes back to the Lok Sabha where it is reconsidered and voted by a simple
majority and sent to the President. Thus, in financial matters, the Rajya Sabha has only an
advisory role and the Lok Sabha has the final say. The Rajya Sabha can delay Money Bills by 14
days only. Dr. Ambedkar has said : "If the Upper House wants to express an opinion, fourteen
days is more than enough period."
It will not be out of place to mention here that there are instances where the Financial Bills have
been rejected by the Rajya Sabha. For example, in August 1977, the Rajya Sabha rejected a
Finance Bill passed by the Lok Sabha but the objection was overruled by the Lok Sabha and the
Bill was considered to have been passed by both Houses of Parliament. Similarly, in May 1978,
the Rajya Sabha rejected a Finance Bill which proposed to impose excise duty on coal and
electricity. But the Lok Sabha overruled the objection.
Mere perusal of the financial provisions in the Constitution cannot give an adequate idea of the
impact of the discussions in the Rajya Sabha on the financial affairs of the country. The lengthy
debates on Budget and FinancialTHE INDIAN PARLIAMENT
345
Bills in the Rajya Sabha take in all aspects of the financial affairs of the country and the
Government takes note of every suggestions put forward in course of these discussions. By
discussing the budgetary proposal, the Rajya Sabha criticises the Government's whole economic
policy. The Rajya Sabha's members in the Public Accounts Committee and the Committee on
Public Undertakings have done commendable work. *
Legislative Powers '
The Rajya Sabha enjoys so-equal powers with the-Lok Sabha in the field of ordinary legislation.
An ordinary bill or a non-money bill can be introduced in the Rajya Sabha and it has to be
approved in both the Houses of Parliament before it becomes an Act. The Lok Sabha has no
power to overrule the Rajya Sabha.
In case of disagreement between the two Houses on any such bill, it has to be resolved in a joint
sitting in which each member of each House has to vote. This obviously, given an advantage to
the Lok Sabha which is more than twice the size of the Rajya Sabha. Those who hold that in a
joint sitting, the view of the Lok Sabha will invariably prevail because of its numerical
superiority, ignore the fact that a disagreement which may arise on important issues may not be
House qua the House but may arise on the basis of policies and approaches of the different
political parties in the two Houses on various issues. It is possible to contemplate a situation in
which the decision of the LokJ3abha may be outvoted in a joint sitting of the two Houses. There
has so far been only three joint sittings of both the Houses of Parliament summoned by the Presi-
dent. For the first time a joint sitting took place in 1961 in order to resolve a deadlock on the
Dowry Prohibition Bill, on which the two Houses had finally disagreed. In that joint sitting one of
the most important amendments, which the Rajya Sabha had been insisting from the beginning
and the Lok Sabha had been refusing to accept, was adopted. The second joint sitting took place
in 1978 on the Banking Service Commission (Repeal) Bill of 1977 and the Lok Sabha carried the
day. The third joint session of Parliament was held on March 26, 2002 and the Anti-Terrorism
Bill (POTO) was passed in the joint session of Parliament. The Lok Sabha passed the Bill on
March 18, however the Bill was defeated in the Rajya Sabha on March 21, by a margin of 15
votes.
Constitutional Amendments
With regard to the amendment of the Constitution both the Rajya Sabha and Lok Sabha have been
placed at par. Though it is true that most of the Bills to amend the Constitution had been
introduced in the Lok Sabha, both the Houses have got equal powers with regard to the amending
process and in order to amend the Constitution, a Bill must be passed by both the Houses of
Parliament. The provision of Article 108 will not apply in such cases. It may be mentioned in this
connection that the Constitution (Twenty-fourth Amendment) Bill, 1970 which was passed by an
overwhelming majority in the Lok Sabha was defeated in the Rajya Sabha by only a fraction of a
vote and consequently the measure fell through. On October 13, 1989 Rajiv Gandhi's
Government suffered an unprecedented defeat in the Rajya Sabha of failing to carry through two
major Constitution amendment bills. These bills were for streamlining the Panchayati Raj and
reorienting the municipalities and Corporations.
Control over the Executive
The executive is responsible to the Lok Sabha alone. The Rajya Sabha
cannot make or unmake governments. A vote of no-confidence against the
. •<- ------J u,. +!,„ T3o,,ro KaMin - would be a mere expression ofopinion. The Lok Sabha alone can
pass a vote of Censure and no-confidence against the Cabinet. The Rajya Sabha can simply
discuss the government policy and exercise some influence through questions, adjournment
motions and critical speeches. "The Confidence of Parliament means the confidence of the Lok
Sabha, and the responsibility of the executive means responsibility to the Lok Sabha." According
t4 K.V. Rao, "The Rajya Sabha can only embarrass the ministry under certain circumstances. The
Council of Ministers is under no obligation to resign if it is defeated at the floor of this House."
Not that the Ministers, if they so choose, can ignore the Rajya Sabha. The Rajya Sabha has every
right to be fully informed of all matters connected with the Government's activities which are
raised on its floor. Electoral Powers
The electoral powers of the Rajya Sabha are the same as the Lok Sabha. Its elected members
along with the elected members of the Lok Sabha participate in the election of the President.
Even the Vice-President is elected by the members of an electoral college consisting of the
members of both the Houses of Parliament. Its members also elect one of its members as Deputy
Chairman.
Impeachment of the President
The Rajya Sabha also plays an important role in the impeachment of the President. According to
Article 61 of the Constitution the resolution for the removal of the President must be passed by
each House by a majority of not less than two-thirds of the total membership of each House
separately which means without the concurrence of the Rajya Sabha, the President cannot be
impeached.
Approval of Emergency Proclamation
The power of the Rajya Sabha is equal to that of the Lok Sabha so far as the approval of
emergency proclamations under Articles 352, 356 and 360 is concerned.
The Constitution assigns some special powers to the Rajya Sabha in this context. It is provided
that if a proclamation of emergency is issued when the Lok Sabha remains dissolved or its
dissolution takes place during the period of one month therefrom and a resolution approving the
proclamation is passed by the Rajya Sabha the proclamation would be legally effective upto a
maximum of 30 days from the date on which the Lok Sabha sits after the reconstitution. The
Constitution by this provision assigns a special role to the Rajya Sabha when the Lok Sabha
stands dissolved. There is a similar provision in case of failure of Constitutional machinery in
States. For example, in 1977 after the dissolution of the Lok Sabha, the session of the Rajya
Sabha was summoned for getting its approval for extension of the proclamation of President's
Rule in Tamil Nadu and Nagaland which was to expire on March 10 and 24, 1977 respectively.
Special Powers
Besides, there are two other provisions which confer upon the Rajya Sabha, as the sole
representative of the States, power in its own right and to the exclusion of the Lok Sabha. These
are of considerable importance from a constitutional point of view.
Under Article 249, the Rajya Sabha may by a resolution supported by not less than two-thirds of
the members present and voting declare that it isTHE INDIAN PARLIAMENT
347
necessary or expedient in the national interest that Parliament should make law with respect to
any matter enumerated in the State List specified in the resolution. After such a declaration, it is
lawful for the Parliament to make laws for the whole or any part of the territory of India with
respect to that matter while the resolution remains in force. Such a resolution will remain in force
for such period not exceeding one year as may be specified therein but its period can be extended
by one year at a time by passing a; further resolution. This constitutional provision specifically
recognises the Rajya Sabha as the representative of the States and on the authority of the Rajya
Sabha in that capacity the Parliament becomes competent to legislate on a subject exclusively
reserved for the State Legislatures.
The second exclusive power of the Rajya Sabha is connected with the setting up of All India
Services. The special characteristics of an All India Service is that it is common to the Union and
the States. As such, the setting up of such a service affects the powers of the States. Therefore,
here again, the Council is given the power to decide by a resolution supported by a two-thirds
majority the question of setting up of an all India Service. Hence, any laws connected with such a
service can be initiated only if the Rajya Sabha passes such a resolution. The Rajya Sabha passed
such resolution on two occasions; one in 1961 for the creation of (i) the Indian Service of
Engineers, (ii) the Indian Forest Service, and (ii) the Indian Medical and Health Service; and the
other in 1965 for the creation of the Indian Agricultural Service and the Indian Educational
Service.
"In both these case, the Lok Sabha comes into the picture only after the Rajya Sabha has acted
and the Lok Sabha does not share the power of the Rajya Sabha in deciding as to what action is
necessary under both the contingencies." M.V. Pylee has very rightly observed : "These
provisions make the Rajya Sabha an important part of the government machinery and not an
ornamental superstructure or an inessential adjunct."6
Constitutional Position of the Rajya Sabha as compared with that of the Lok Sabha
Though our Rajya Sabha does not occupy as important a place in the Constitutional system as the
American Senate, its position is not so inferior as that of the House of Lords as it stands today.
Barring the specific provisions with respect to which the lower House (Lok Sabha) has special
functions, i.e., with respect to Money Bills, the Constitution proceeds on a theory of equality of
status of the two Houses. This equality of status was explained by the Prime
Minister Nehru himself, in these words :......."Constitution has clearly specified
the functions of the Rajya Sabha and the Lok Sabha. To call either of these Houses as Upper
House or a Lower House is not correct. Each House has full authority to regulate its own
procedure within the limits of the Constitution. Neither House by itself, constitutes Parliament. It
is the two Houses together
that are the Parliament of India.....The Constitution treats the two Houses
equally, except in certain financial matters which are to be the sole purview of the Lok Sabha...."
The Constitution also makes no distinction between the two Houses in the matter of selection of
Ministers. In this connection it would be interesting to note that some of the most important
Ministers of the Government were for some time or other members of the Rajya Sabha. The
Prime Minister, Mrs. Indira Gandhi was a member of the Rajya Sabha from August 1964 to
February 1967 and very recently H. D. Deve Gowda and I. K. Gujaral, too were members of the
Rajya Sabha. But the responsibility of such member, as Minister, is to f Article 75(3)1.

I 348
INDIAN GOVERNMENT AND POLITICS
The exceptional provisions which impose limitations upon the powers of the Rajya Sabha, as
compared with the Lok Sabha are :7
1. A Money Bill shall not be introduced in the Rajya Sabha.
2. The Rajya Sabha has no power to reject or amend a Money Bill. The only power it has
with respect to Money Bills is to suggest 'recommendations' which may or may not be
accepted by the Lok Sabha, and the Bill shall be deemed to have been passed by both the Houses
of Parliament, without the concurrence of the Rajya Sabha, if the Rajya Sabha does not return the
Bill within 14 days of its receipt or make recommendations which are not accepted by the Lok
Sabha.
3. The Speaker of the Lok Sabha has got the sole and final power of deciding whether a Bill is a
Money Bill.
4. Though the Rajya Sabha has the power to discuss, it has no power to vote money for the
public expenditure and demands for grants are not submitted for the vote of the Rajya Sabha.
5. The Council of Ministers is responsible to the Lok Sabha and not to the Rajya Sabha [Article
75(3)].
6. Apart from this, the Rajya Sabha suffers, by reason of its numerical minority, in case a joint
session is summoned by the President to resolve a deadlock between the two Houses [Article
108(4)].
On the other hand, the Rajya Sabha has certain special powers which the other House does not
possess and this certainly adds to the prestige of the Rajya Sabha : (a) Article 249 provides for
temporary Union legislation with respect to a matter in the State List, if it is necessary in the
national interest, but in this matter a special role has been assigned by the Constitution to the
Rajya Sabha. (b) Similarly, under Article 312 of the Constitution, Parliament is empowered to
make laws providing for the creation of one or more All-India Services common to the Union and
the States, if the Rajya Sabha has declared by a resolution supported by not less than two-thirds
of the members present and voting that it is necessary or expedient in the national interest so to
do.
In both the above matters, the Constitution assigns a special position to the Rajya Sabha because
of its federal character and of the fact that a resolution passed by two-thirds of its members would
virtually signify the consent of the States.
Notwithstanding these special functions and the theory of equality propounded by Pandit Nehru,
it is not possible for the Rajya Sabha, by reason of its very composition, to attain a status of
equality with the Lok Sabha. Even though there is no provision in the Constitution, corresponding
to Article 169 relating to the Upper Chamber in the States, for the abolition of the Upper
Chamber in Parliament, there has been, since the inauguration of the Constitution, a feeling in the
Lok Sabha that the Rajya Sabha serves no useful purpose and is nothing but a 'device to flout the
voice of the people', which led even to the motion of a Private Member's Resolution for the
abolition of the Rajya Sabha. It was stayed for the time being only at the intervention of the then
Prime Minister Pandit Nehru on the ground that the working of the Rajya Sabha was yet to
adjudge its usefulness.
Critical Evaluation of the Role of the Rajya Sabha
In the debates of the Constituent Assembly, some argued that second Chambers were
undemocratic bastions of vested interest and acted as "clogs in the Wheels of progress." Others
uphold the Chamber as "an essential elementTHE INDIAN PARLIAMENT
349
of federal Constitution", declaring that it introduced "an element of sobriety and second thought"
into the democratic process.
In India doubts about the value of the Rajya Sabha were voiced even during the debates on the
draft constitution in the Constituent Assembly. On one occasion Dr. Ambedkar stated : "I cannot
say that I am very strongly prepossessed in favour of a Second Chamber. To me it is like the
Curate's egg—good only in parts."8 In the opinion of Professor M.P. Sharma, "the Rajya Sabha
does not seem to have been created with any particular purpose beyond bringing the Constitution
in line with the prevailing fashion of bicameralism. In our country, the credit of Second
Chambers has at no time been high, and it will not be surprising if the Rajya Sabha lives simply
to serve as one of the ornamental parts of the Constitution."9 Today criticism of the Rajya Sabha
seems to be growing on the following grounds :
1. Failure to act as champion of the interests of the States : The Rajya Sabha was originally
intended to protect the interests and views of the federating units or States. But in practice, it has
so far never stood for the rights of the States. Its members have felt least concerned with the
erosion of the powers of the States. For example, they have ratified the Forty-second Constitution
Amendment Act which transferred some of the subjects from the State List to the Concurrent
List. The failure of the Rajya Sabha to act as champion of the State's rights is generally attributed
to the fact that its members are not subject to any direct control of the States they seek to
represent. Being nominee of the different parties, its members vote as partymen. Morris Jones has
rightly observed : "The Rajya Sabha has always been in terms of 'Second Thoughts' rather than
'States rights'."10
2. Useless as a revising Chamber : As a chamber of legislative revision, the Rajya Sabha's
performance has been far from reassuring. During the period between 1952 and 1969, the Rajya
Sabha has amended 28 bills. Most of its revisions were insignificant and were of clerical
mistakes. According to N.D. Palmer, "The Council (Rajya Sabha) does not function effectively as
a delaying and revising Chamber. It seldom suggests revisions in bills sent to it from the House of
the People (Lok Sabha), and very few of the suggested revisions are adopted by the House." 1
3. Rajya Sabha as pale shadow of the Lok Sabha : While the members of the Rajya Sabha are
chosen on a different basis from the members of the Lok Sabha, and while presumably these
members represent the States of the Indian Union, there is little difference in age, experience,
background and outlook between members of the two Houses. Neither in its party complexion
nor in its social composition is the Rajya Sabha distinctly different from the Lok Sabha. As
Morris Jones has noted, "Composed of men similar to those who sit in the House of the People
(Lok Sabha), the Council (Rajya Sabha) has, not surprisingly, failed to evolve a distinct role for
itself."12 As a result of this near similarity combined with the fact of the Lok Sabha's wider
powers, the Rajya Sabha seems to smart under a sense of inferiority and frustration. Despite
Nehru's assurance that "the Constitution treats the two as Houses equal," the Rajya Sabha has
tended to be very sensitive about its status and to react sharply against anything done or said in
the Lok Sabha which might seem to reflect on its 'equality' with the other House.
4. Useless as a delaying Chamber : As a delaying Chamber also, the achievements of the Rajya
Sabha are hardly impressive. There is an evidence to suggest that in the first twenty years of its
existence, it delayed only one350
INDIAN GOVERNMENT AND POLITICS
delaying or that the Rajya Sabha did not like to act as an obstruction is hardly convincing.
5. Rajya Sabha—not emerged as a House of Elders : Nor has the Rajya Sabha emerged as a
House of Elders in which persons of mature wisdom and wide experience debate questions of
public policy in a non-partisan manner. Party feelings are no less in evidence in Rajya Sabha than
in the other House and scenes of indiscipline and disorder are hardly less frequent in the Upper
House than in the Lok Sabha.
6. Misuse of the provisions of Nominations : The framers also conceived of the Rajya Sabha as a
sort of a House of Elders which would provide representation to learning and experience and
where seasoned people would hold dignified debates. Nehru took care to nominate persons
having knowledge or experience in literature, science, art and social service. None could object to
the nomination of Zakir Hussain, Radha Kumud Mukerjee, Maithili Sharan Gupta, Dr. Tara
Chand, Prof. S.N. Bose, Dr. Raghuvira, H.N. Kunzru, etc. But Mrs. Gandhi used the nomination
to buttress her own political position. Even the intellectuals and educationists, who were
nominated to the Rajya Sabha during her regime, became the partymen to vote with the
government at critical junctures. This was a gross violation of Article 80 of the Constitution.
Persons nominated by Rajiv Gandhi were truly eminent in their respective fields. He has not
brought Congress (I) members or supporters through nomination into the Rajya Sabha. Even then
quality of its members and the complexation of the House were not inspiring. Youth and personal
loyalty had precedence over age, competence and experience.
The general feeling, to quote Gopalaswamy Ayyangar, was that "no elaborate justification was
needed" for the establishment of a Second Chamber, which according to the framers, was
necessary on account of the federal character of the Constitution. As it has shaped in actual
practice, the Rajya Sabha does not appear to have followed the intentions of the framers very
closely. The hope that it would function as a federal Second Chamber representing the
Constituent Units has not been born out either by its Constitution or by its actual working. The
framers themselves departed from the federal principle by not giving equal representation of the
Units in the Second Chamber. This according to K.V. Rao, makes the very name of the Chamber
(Council of States) a misnomer. The fact is that members of Rajya Sabha are nominees of
different political parties and not spokesmen of their respective States. They are, no doubt,
indirectly elected but, as Morris Jones puts it, this "does not seem to have made the floor of the
Council (Rajya Sabha) a battle ground between the Centre and the States a defence of states
rights".
Importance and Justification of the Rajya Sabha
The Rajya Sabha as a Legislative Chamber has combined dignity with intense activity. The
debates have been of high standard. N.D. Palmer has very rightly observed : "The level of
discussion and debate in the Rajya Sabha has been consistently high. It is a more orderly but no
less interesting assembly than the Lok Sabha."
The Rajya Sabha has been an active body. During the lifetime of India's first Parliament, from
1952 to 1956, the Rajya Sabha, in fifteen sessions, dealt with 363 bills. One Hundred and one
bills—69 Government bills and 32 private members' bills—originated in the Rajya Sabha.
Among these were four important social measures—the Hindu Marriage Act, the Hindu Minority
and Guardianship Act, the Hindu Succession Act, and the Hindu Adoptions and Maintenance Act
—which formed vital parts of the so-called Hindu Code Bill.THE INDIAN PARLIAMENT
351
"The Rajya Sabha thus took credit for enacting what might perhaps rightly be claimed to be the
most important social reform measures affecting the vast majority of the people of India."
The record of the Rajya Sabha would show that it has reflected a remarkable response to the
public opinion. In 1969, responding to the strong feeling in the country for the abolition of privy
purses and privileges of the former rulers of the Indian States, the Rajya Sabha unanimously
adopted a private member's resolution calling upon the Government of India to initiate steps for
abolition of privy purses and other privileges of the former princes.
In brief, the Rajya Sabha has played its role effectively in the affairs of the State and has proved
equal to the task, as a co-partner of the Lok Sabha, assigned to it under the Constitution. The
Constitution of India has set up two Houses with different composition and distinct functions
have been assigned to them. But like a pair of blades in the scissors, both have to function
together harmoniously so as to ensure the success of Parliamentary democracy in our country.
FUNCTIONS OF PARLIAMENT
The word 'Parliament' that originally meant 'a talk', is derived from the French word parler (to
speak or parley) and the Latin Parliamentum. "Parliament," Ruskin said, "is a talking shop." It is
literally true as much as Parliament is meant for talking. We in our Parliamentary system use the
terms 'first reading', 'second reading' and 'third reading" of Bills. The Bills have to be read to
members of'Parliament'; they are not supposed themselves to read. When a Bill is read to
members the first time, it is called, the first reading and so on. The whole idea is that in
Parliament we talk and discuss, try to persuade and take decisions through discussion and
persuasion.
The functions of Parliament today can be described as the legislative or law-making—the
traditional function; legitimising function—legitimising what the government does;
representation of function which is considered to be most important function and from which
follows the grievance ventilation or grievance redressal function; the national integrational
function; the conflict resolution function and so on. There is also the leadership recruitment and
training function. The Ministers are drawn from Parliament and the Parliament, through its
Committees, through discussions and debates, also throws up and trains the leadership of the
country. Parliament is the link between the Government and the constituents, between the people
and the Government. It performs the function of being a communication link, of being the
educator of the people, making them aware of political issues.
Parliament has the power of the purse. If the word 'control' can be used in any sense in regard to
Parliament, it is in the sense of financial control. No taxes can be collected and no money can be
spent without the authority of the Parliament. Parliament, through its Committees and other
mechanisms and through the independent voice of the Comptroller and Auditor-General of India,
sees to it that the money is properly spent and the authority is not exceeded. But, Parliament in
our country is a large and generous body. It is not merely a fault-finding institution. It is not in the
nature of an auditor who looks at the cents and pennies. It is concerned with the larger issues and
it is engaged in the common task of serving the people of the country. Its purpose is too see that
the power is not misused, that the policies are properly implemented and that the public money
properly spent. c
It is not the function of Parliament to govern; it is for the Government to
--■'■-— ~r 4-i~~ ^™i"cii nf Ministprs is. however.352
INDIAN GOVERNMENT AND POLITICS
responsible and answerable to the popular House of Parliament for all its acts of omission and
commission. And, if the Government loses the confidence of Lok Sabha, it has to go.
Last, but not the least, it is the function of Parliament to exercise surveillance or oversight over
administration. But, while the administration is accountable to Parliament (and to the Minister
concerned), Parliament is not supposed to interfere with the day to day administration.
Parliamentary surveillance of administration becomes effective only ex-post facto. Parliament
does not dictate to administration. It does not stop the administration from doing this or not doing
that. It comes into the picture only after an Act has been done and then the administration is
called to account why it was done, whether it was in accordance with the policy laid down by
Parliament.
Hem Barua, has rightly observed : "The Indian Parliament is a zealous sentinel of all that is
enshrined in the Constitution. Indeed, it is the focal point of the Constitution. It expresses the
aspirations of the nation towards peace and justice."
POWERS OF PARLIAMENT
Parliament is not a sovereign institution in India in as much at it functions within the bounds of a
written Constitution, as it believes in the principle of division of power and judicial review. The
important powers of the Indian Parliament are :
1. Legislative Powers : The Constitution has classified the subjects for legislation into three lists :
(1) The Union List, (2) The State List, and (3) The Concurrent List. The Union List includes
those items over which Parliament has exclusive authority to make laws while the Concurrent
List enumerates those subjects over which Parliament as well as the States have power to make
laws. It is, however, clearly laid down that laws enacted by Parliament which relate to items in
the Concurrent List shall prevail over corresponding legislation by the States, except in cases
where the State legislation had been reserved for, and received, the President's assent. The
Parliament is empowered to make laws in certain special circumstances on the subjects included
in the State List as well. The Parliament can take steps in this direction provided Rajya Sabha
declares by a resolution supported by a special majority that it is necessary or expedient in the
national interest to do so. When a proclamation of emergency is in operation, the legislative
competence of Parliament is widened so as to extend to any matter in the State List. Parliament
also enjoys the power to legislate for implementing any treaty or agreement with any country.
During emergency Parliament can issue directions to the State Governments in the matter of
exercising executive powers. In case a State Government cannot be carried on in accordance with
the provisions of the Constitution, the Assembly may be suspended or dissolved by the President
and Parliament make laws in respect of the State.
In addition to these three Lists, mention has been made in the Constitution about the residuary
powers of the Centre in respect of any matter not enumerated in any of the three Lists. "The
residuary powers, i.e., power to legislate on a matter not enumerated in any one of the three lists
belongs to Parliament."
Parliament enjoys the power to legislate for implementing any treaty, agreement or convention
with any country or any decision made at an international conference, association or other body
on any subject, even if it falls in the State List. Parliament may enter the State List by invitation
also. If two or more State Legislatures consider it desirable that any of the matters within THE
INDIAN PARLIAMENT
353
their exclusive legislative competence should be regulated by Parliamentary legislation and pass
resolutions to that effect, Parliament can undertake the necessary legislation. However, the
legislation so passed has effect only in the States which had requested and those others which
may adopt it afterwards by resolutions passed in that behalf.
The Constitution empowers Parliament to make changes in the boundaries of the States and effect
changes in the name of existing States. It can create new States by uniting two or more states. It
can regulate the citizenship. The Constitution empowers the Parliament to amend the
Constitution; and by virtue of this power can amend even the process of amending the
Constitution.
2. Control of Executive : The real or the political Executive in India is the Council of Ministers
and head of the Government is the Prime Minister. The ultimate control of the Executive by
Parliament is ensured by the provision in the Constitution that the Government is answerable for
all its acts or those of its officials to Parliament.
Parliament exercises control over the Executive through questions, calling attention notice and
other procedures like votes of censure, adjournment motions and numerous other procedures. It
can also prevent the Executive from taking a course of action by refusing to pass legislation
required by the Government or by its refusal to give its consent. Control is also exercised through
the various Committees of Parliament, and more particularly by the Estimates Committee, the
Public Accounts Committee and the Committee on Public Undertakings.
The Council of Ministers may in a sense be described as the grand Executive Committee of
Parliament charged with the responsibility of Governance on behalf of the parent body. In other
words, the Executive is not a separate or outside body. It is in Parliament, a part of Parliament. In
as much as the Council of Ministers is drawn from and remains part of Parliament and
responsible to Lok Sabha, the relationship may be said to be that of a part to the whole and one of
interdependence.
3. Financial Powers : The Parliament also controls the finances of the Union. It sanctions money
to the Government to enable it to run the administration. It may pass, reduce or reject the
demands for grant presented to it by the Government, but it cannot increase them. No taxes can
be collected and no money can be spent without the authority of the Parliament. Such authority
should be embodied in an Act of Parliament and not merely expressed by a Resolution.
The two Houses of Parliament enjoy co-equal power and status in all spheres except in financial
matters. Accordingly, the following limitations have been placed on the power of Rajya Sabha :
1. A Money Bill cannot be introduced in Rajya Sabha.
2. Rajya Sabha has no power either to reject or amend a Money Bill. It can only make
recommendations on the Money Bill. If such a Bill is not returned to Lok Sabha within a period
of 14 days, the Bill shall be deemed to have been passed by the both the Houses at the expiration
of the said period in the form in which it was passed by Lok Sabha.
3. Whether a particular Bill is Money Bill or not is to be decided by the Speaker of Lok Sabha.
4. Rajya Sabha may discuss the Annual Financial Statement. It has no power to vote on the
Demands for Grants.
4. Judicial Powers : Parliament has power to make laws regulating the

I 354
INDIAN GOVERNMENT AND POLITICS
down in the Constitution that the number of judges other than the Chief Justice in the Supreme
Court would not be more than seven. Parliament was, however, empowered to prescribe a larger
number of judges by law. Under this provision, Parliament passed the Supreme Court (Number of
Judges) Act, 1956, increasing the number of other judges to ten and subsequently by various
amendments to this Act, to twenty-five. Under the Constitution, Parliament may by law extend
the jurisdiction of a High Court to establish a common High Court for two or more States, and
constitute a High Court for a Union territory. A judge can be removed from his office by the
President, if a joint address passed by both Houses of Parliament with a special majority is
presented to him. Parliament may by law provide for the establishment of an administrative
tribunal for the Union and a separate administrative tribunal for each State or for two or more
States.
In brief, the Parliament of India has rather extensive powers and performs a variety of important
functions. Its main function, of course, is as India's Chief law-making body. Its functions in this
respect are limited legally by the federal nature of the Indian Republic and by the power of the
Supreme Court to declare Parliamentary legislation of most types unconstitutional. It is further
limited in an extra-legal way by the degree of real control over it which is exercised by the Prime
Minister and the Chief organs of the dominant party.
SUPREMACY OF THE INDIAN PARLIAMENT
The keystone, the dominant characteristic, of the British Constitution is the doctrine of
'Sovereignty or 'Supremacy of Parliament'. This means that Parliament has the 'right to make or
unmake any law whatever', that it can legally legislate on any topic whatever which, in the
judgment of Parliament, is a fit subject for legislation, that no person or body in England has a
right to override or set aside a law of Parliament, that Courts have no jurisdiction to declare an
Act of Parliament void. The Constitution of England is not written and there is nothing like a
fundamental law of the country. Therefore, the power of Parliament to legislate is legally
unrestricted. Politically, however, England has a responsible government with an elected House
of Commons which reflects contemporary public opinion, social morality or consciousness.
Parliament does not, therefore, ordinarily do anything which a large number of people oppose.
The Indian Parliament differs from its British counterpart in a substantial manner. Politically
speaking the Indian and British Parliaments are both subject to similar restraints as both have
Parliamentary form of government. But legally speaking, whereas the powers of the British
Parliament are undefined, those of the Indian Parliament are defined, fetteral and restrained.
India's Constitution is written; it is the fundamental law of the land; its provisions are enforceable
by the Courts and it cannot be changed in the ordinary legislative process. The Indian Parliament
has, therefore, to function within the Constitution from which its legislative powers emanate. By
Article 245(1), the legislative power of Parliament has been specifically made 'subject to the
provisions of the Constitution'.
The Indian Parliament is the creature of the Constitution. Therefore, a Parliamentary law to be
valid must conform in all respects with the Constitution. It is for the courts to decide whether an
enactment is constitutional or not and they have the power to declare a Parliamentary enactment
void if it is inconsistent with a provision of the Constitution. Contrasting the British Parliament
with a Legislature like the Indian Parliament, Dicey called the former as 'Sovereign' and the latter
as 'subordinate' or 'non-sovereign'. These terms are misleading as they create a false impression
that the Indian Parlia-

w
355
THE INDIAN PARLIAMENT

ment is subordinate to some external authority or that India is not yet an independent country. A
much better way to characterise the constitutional position of the Indian Parliament is to say that
it is "sovereign within its
powers".
The Indian Parliament Compared with that of the British Parliament
There is a natural tendency to compare the Parliament of India with the British Parliament. But
our Parliament and Parliamentary institutions and procedures are not a copy of the Westminister
system. There are fundamental differences between their system and our system. British
Parliament has grown through some three hundred years of history. In Britain, it can be the only
institution which exercises sovereign powers and on which there are no limits because there is no
written Constitution. In our system, we have a written constitution and powers and authorities of
every organ of Government and every functionary are only as defined and delimited by the
constitutional document. The power of Parliament itself is also clearly defined and delimited by
the Constitution. Within its own sphere, Parliament is supreme. Also, Parliament is the
representative institution of the people. But it is not sovereign in the sense in which the British
Parliament is sovereign and can do or undo anything. It is used to be said that it could do
everything except making a man, a woman and a woman, a man. Perhaps, now with the advances
in science and technology, even that can be done. The point is that in the sense of constitutional
sovereignty, their powers are not limited by a constitutional document whereas ours are. Also, our
constitutional document provides for fundamental rights of the individual and they are justiciable
in Courts of Law. And any law passed by Parliament which abridges any of the fundamental
rights can be declared ultra vires by the Courts. The Courts adjudicate the disputes and for doing
so, they can interpret the Constitution and the laws. And the interpretation given by the Supreme
Court is binding on the Courts all over the country as also on Parliament, of course, if Parliament
does not agree with the interpretation of the Supreme Court in any particular case, it can suitably
amend the law in order to make its own intentions clear. Also, Parliament has the constituent
powers and within certain limitations it can suitably amend the Constitution. But till Parliament
amends the law or the constitutional provision, the law of the land will be as declared by the
Supreme Court. And thus, in its own sphere, the Supreme Court is supreme.13
DECLINE OF PARLIAMENT
The strong position of the Cabinet working under the leadership of the Prime Minister in a
Praliamentary form of Government, better known now as the Prime Ministerial Government,
confirms the doctrine of Ramsay Muir that it "has to a remarkable extent diminished the power
and position of Parliament, robbed its proceedings of significance, made it appear that Parliament
exists mainly for the purpose of maintaining or of somewhat ineffectually criticising an all good
but omnipotent Cabinet and transferred the main discussion of political issues from Parliament to
platform and the members." What is described about the British Parliament or any other
legislature organised and based on the English model is applicable to the legislatures belonging to
other varieties though the nature of the executive control may differ for reason of different
constitutional systems or political set up.
Parliament in India has been described as the "focal point of the Constitution and as.....a
microcosm of Indian life." It is assigned wide range of powers
and performs a variety of significant functions. It can make laws on all matters
-t- - boundaries of the States. The initiative for Constitutional amendments rests with it.
T T__ _'__

It holds the purse strings. The Union Council of Ministers is collectively responsible to it
and holds power only so long as it enjoys its confidence. But all this is theoretical, in
practice the credibility of Parliament is declining very rapidly.
It is true that during Nehru's tenure Parliament of India was a serious and business-like
forum with dignity and authority. His charisma enabled him to secure Parliament's
approval for his policies. At the same time, he showed the greatest deference to it and
was always sensitive to its moods. The members came well prepared and were heard with
rapt attention. Outstanding debates critical of the functioning of the executive were
debates by the ruling party itself. Weak and fragmented as the opposition was, Nehru
nevertheless gave it a sense of participation. As Pran Chopra wrote in 1965, "Parliament
is stronger today than it was when first elected in 1952," much of the credit for raising the
status of Parliament goes to Nehru.
There seems to be a distinct change in the situation after Nehru. The pivotal position of
Parliament in the Indian political system, in recent years, has suffered some decline in its
prestige. Mrs. Indira Gandhi, whose political career spanned more than fifteen years,
showed scant respect for Parliament and its time-honoured conventions. During the last
few years of her reign, she spent less and less time in House and stayed away crucial
debates. Rajiv Gandhi, her successor, also treated Parliament in the casual way. The
reasons for the decline of Parliament are :
First, The area of authority originally belonging to the Parliament has been usurped by
the Cabinet. We find that it is the cabinet that decides about many things like summoning
and proroguing the session of the Parliament, writing the text of the inaugural address to
be delivered by the head of State, preparing a daily time table of the session of the House
or Houses, effective initiation of debate on the bills and»resolutions moved by it and
doing a host of other things that constitute the stock of Parliamentary business.
Secondly, The role of the members of the Parliament has also not been praiseworthy.
Nikhil Chakkravarty, editor of the Mainstream, has contended that "the quality of MPs,
their competence, culture and commitment, then, was far different from the type that one
encounters these days." The eleventh Lok Sabha had more than its share of first timers—
more than half (293 members) the House comprises freshers. If the sense of responsibility
to Parliament of new members is poor, if their competence, culture and commitment is
appal-ingly low, how can we expect them to perform the far more difficult job a closely
scrutinising the work of the Ministries?
Thirdly, The standard of debates in Parliament has considerably fallen. Debates in
Parliament were once characterised by sharp irony, wit and humours. Today they have
been reduced to character assassinations, abuse and choicest insults. After the historic en
masse resignation by 104 opposition MPs from the Lok Sabha, the Prime Minister (Rajiv
Gandhi), speaking in the House, charged them with running away from Parliament. In the
same breath, he said that the opposition MPs in the Rajya Sabha were sticking to their
seats 'like limpets'instead of resigning. Prime Minister's offensive remarks against mem-
bers of the 'Other House'—which is a separate and equally sovereign entity— were
violative of all canons of Parliamentary propriety.
Fourthly, In the Westminister model we have adopted, the Prime Minister is normally the
leader of the House. The idea is that he or she should be aTHE INDIAN PARLIAMENT
357
member of the House and should command the respect of the entire House even while projecting
the Government's point of view. Nehru, in his time, was such a leader. He never missed attending
Parliament, especially when important issues were being debated. But Rajiv Gandhi was rarely
seen in Parliament even when he was not on his frequently overseas jaunts. He was conspicuous
by his absence when the two Houses discussed the Bofors issue more than once. Worse, he
encouraged his supporters to disturb and barricade opposition speakers. His behaviour in the
Rajya Sabha when Congress (I) members repeatedly defied the Chairman, Dr. Shankar Dayal
Sharma, forcing him to tear and near resignation, was a classic example of his cavalier treatment
of Parliament.
Fifthly, Virtual monopoly of political power enjoyed by a single political party for some 40 years
after independence has systematically converted Parliament into a legislative rubber stamp. The
facts are quite startling. The Eighth Lok Sabha enacted 333 statues including 10 constitutional
amendments. Impressive. But frightening. Till July 1989, 317 statues were passed which had
been debated for 232 days in the Lok Sabha and 201 days in the Rajya Sabha. This is actual
number of days on which the statues passed were debated. Consider the implications. It means
that the Lok Sabha spent an average of 0.732 days per statue and the Rajya Sabha 0.634 days.
This concerns a vast amount of legislation. Constitutional amendments, changes in taxes, huge
appropriations to government, social welfare matters, the Muslim Bill, consumer and
environment legislation, anti-terrorist and anti-drug abuse legislation. Each of them basically
flawed; and passed in a hurry. And even 0.732 and 0.634 days means a fraction of a day. For
during those days, Parliament was doing a large number of other things—debating President's
rule, call attention motions, the question hour and many other things.
All in all till July 1989, at least 1,084 bills were presented to Parliament, with almost 900 to the
Lok Sabha. The question of proper scrutiny and public discussion simply did not arise. Almost
105 statues were passed by the House on the very day they were introduced. Twenty-three were
introduced with one day's notice, eight with two, 12 with three and 10 with four days' notice. The
Anti-Defection Amendment was passed with 6 days' notice, one day each by the Rajya Sabha and
the Lok Sabha. The Punjab (59th) Amendment was debated the very day that it was introduced.
How can Parliament do justice to this volume of legislation? If the legislative function was
thwarted with such alacrity, Parliament was denied the power to discharge its responsibility from
making the government accountable to the nation through Parliament. 6
Sixthly, Nor was accountability any greater in financial matters. Each time an Appropriation Bill
of voting on account was placed before Parliament and Crores of Rupees were sanctioned. And
let there be no doubt about the vastness of the sums involved. There were 26 general
appropriation acts, five votes on account plus three for Punjab and one for Tamil Nadu, 19
Railway appropriations, nine appropriations for Punjab, one for Karnataka and three for Tamil
Nadu. All these were passed with no notice and virtually no debate with a fraction of a day in
each House. Recently, the motion of thanks on the President's Address was passed without any
discussion. The 2004-05 Railway Budget for Rs. 41,417 crore was passed by Parliament without
discussion. Even the 2004-05 general budget was passed without any discussion. Similarly, there
was no discussion before 105 Demands for Grants totalling Rs. 3,39,299 crore were adopted. The
Appropriations Bill giving statutory sanction to the grants358
INDIAN GOVERNMENT AND POLITICS
expenditure of over Rs. 8 lakh crore. Experienced experts in and out of Parliament may
find such affirmations routine. But why should Parliament have this responsibility if its
scrutiny is going to be so hopelessly undermined?
The last term of the eighth Lok Sabha has witnessed disempowering of Parliament.
Commissions of Inquiry have been told that they need not place their total reports before
Parliament. The Thakkar Report on Mrs. Gandhi's assassination was hidden from
Parliament itself until a newspaper report elicited the Report; but not all of it. The Public
Accounts Committee has been thwarted in its attempt to independent functioning. The
CAG has been derived and attacked for his independence. The worst indictment of all,
Parliament was so totally strait-jacketed and so completely misled that it could not
investigate the single biggest act of political corruption that India has known since Inde-
pendence : Bofors. There was a Joint Committee. But it transpired, it was not an
investigative committee but a cover-up Committee.
Norman D. Palmer, commenting on the working of our Parliament in Nehru's time said :
"It (Parliament) can hardly be ignored even by a person with the stature and influence of
the present Prime Minister who, unfortunately, does not aspire to rule by unparliamentary
means." His grandson has neither such a stature nor influence but he seems to be bent on
ruling by unparliamentary means.1
17
Conclusions
Parliament of India, representing as it does all constitutionally organised shades of public
opinion at the national level, occupies a pre-eminent and central position in Indian polity.
It embodies and epitomises the 'sovereign will' of the people; it is the mirror and the
voice of the nation. To quote Jawaharlal Nehru who said : "Parliament today has become
the supreme temple of democracy and freedom, an institution of great importance in our
national life, the only guarantee against tyranny and bad administration. It should, there-
fore, be treated reverence and deference."
An analysis of the time spent on various kinds of business the First to the Twelfth Lok
Sabhas reveals that the Fifth Lok Sabha recorded an average of 7 hours and 38 minutes
per sitting followed by the Seventh Lok Sabha which devoted 7 hours and 9 minutes of
average sitting. However, of late, there is a decline in the trend and the average sitting of
the Twelfth Lok Sabha was 6 hours and 32 minutes. Arecent development in the
functioning of the Lok Sabha which deserves the attention of all those concerned with the
working of parliamentary system is the frequent adjournments of the House as a result of
disorderly scenes and interruptions. Such disruptions have led to a loss of about 10.66 per
cent of the time of the House during the Twelfth Lok Sabha and 68 hours and 37 minutes
of the business of the House were spent where nothing could be recorded and nobody
could hear the members of Parliament.
The image of the Parliament and its credibility as a representative institution largely
depend on the role and functions of its members. The functioning of Parliament is a
serious business and it ought to be conducted with a degree of dignity, decorum and
sincerity. Commenting about the Second Session of 14th Lok Sabha, The Hindu observes
:
"Parliamentary Misconduct has become so routine that it might appear a waste of effort
even to discuss the whys and where-fores of it. Forget the daily adjournments and
walkouts; in recent times disrupters have spared no occasion, not even the once
sacrosanct presidential address. However, whenTHE INDIAN PARLIAMENT
359
confrontation reaches a point where the very existence of Parliament is questioned, then it is
distress time as much for democracy as for the institution itself.
Mr. Fernandes and others not merely went against convention in stopping Dr. Singh from
introducing his Council of Ministers; they deprived him of his right to reply to the debate on the
motion of thanks to the President's Address. The National Democratic Alliance has since
stonewalled the Government in the manner of irate protesters carrying out a blockade; it
threatened a boycott of the parliamentary standing committees and insisted that the budget be
passed without a debate. The relentless tension was bound to tell somewhere. In seeking
modifications in a budget it was determined not to debate, the Opposition clearly crossed a
Lakshman Rekha as far as Dr. Singh was concerned. The upshot of this ugly sparring was the
unopposed passage of a Finance Bill containing budgetary proposals amounting to Rs. 5,00,000
crore. Maintenance of order in the House is the fundamental duty of the Speaker. He is not only
the moderator and facilitator of the sittings of the House, but is also the authority invested with
the responsibility to help frame sound rules, practices, customs and conventions and thereby to
evolve a healthy parliamentary culture. The Speaker derives his disciplinary power from the
Rules. He may, in his discretion intervene when a member makes an unwarranted or defamatory
remark by asking him to withdraw that remark or order the expunction of any defamatory or
indecent words used in the debate. The Speaker may also order a member guilty of disorderly
conduct to withdraw from the House, and name a member for suspension if the member
disregards the authority of the Chair and persists in obstructing the proceedings of the House in
case of grave disorder. However, Somnath Chatterjee, Speaker of the 14th Lok Sabha observes,
"In this Session, there has been no structured discussion but sustained non-functioning of the
House......Even school children behave better than MPs."
The proceedings, at times, become noisy leading to pandemonium and turmoil. The Parliament
has been disrupted for days (March-April 2001) over the impasse relating to the Tehelka expose.
Reflective of the political logjam in Parliament, the Lok Sabha even passed the Railway Budget
without any discussion. The House took just 15 minutes to pass the Railway Budget (authorising
Government withdrawal of Rs. 66,089 crores) by a voice vote even as Congress and RJD
members stood in the well of the House shouting slogans. According to a newspaper an hour of
parliamentary session costs the exchequer Rs. 9.94 lakhs and the budget has provided Rs. 126.02
crores for the Lok Sabha. The continued disruption of business in Parliament not only drains the
country but also delays the legislative activity.18 This projects Parliament in a poor light,
especially in view of the fact that the proceedings are now-a-days shown live on the television.
Members should refrain from the tendency to rush to the well of the House, raise slogans and
create unruly scenes. As mentioned earlier, lot of precious time of the House is wasted this way.
It is equally important that members must imbibe the etiquette of Parliament. In the heat of the
moment when passions run high, members sometimes tend to use unparliamentary language.
There is, of course, a practice to expunge such remarks from records but it has to be borne in
mind that with live telecasting, such expunction becomes infructuous as people would have
already heard it. Pandit Nehru, an epitome of parliamentary decorum, once observed :
"Democracy does not mean simply shouting loudly and persistently, though that might have
occasionally some value. Freedom and democracy require360
INDIAN GOVERNMENT AND POLITICS
The Special Session of Parliament to mark the Golden Jubilee of India's Independence, held from
August 26 to September 1 1997, unanimously adopted a Resolution which inter alia emphasizes :
That the prestige of the Parliament be preserved and enhanced, also by conscious and dignified
conformity to the entire regime of Rules of Procedure and Conduct of Business of the Houses and
Directions of the Presiding Officers relating to orderly conduct of business, more especially by
• maintaining the inviolability of the Questions Hour,
• refraining from transgressing into the official areas of the House, or from any shouting of
slogans, and
• invariably desisting from any offers at interruption or interferences with the Address of the
President of the Republic.
Maintenance of discipline and decorum, therefore, is a pre-requisite for the smooth functioning of
our parliamentary democracy. It is in this context that the concept of ethics and standards for
parliamentarians assumes relevance and significance. In March 1997, the Rajya Sabha constituted
an Ethics Committee to oversee the moral and ethical conduct of the members and to examine the
cases referred to it. During the life of the Eleventh Lok Sabha, a Study Group of the Committee
of Privileges undertook a study of parliamentary privileges, ethics and related matters. The
Report of the Study Group on Ethics, Standards in Public Life, Privileges, Facilities to Members
and Other Related Matters, as adopted by the Committee of Privileges and presented to the
Twelfth Lok Sabha, recommended broad parameters to be incorporated in the Rules of Procedure
of Lok Sabha for dealing with complaints relating to the unbecoming conduct of a member or his
unethical behaviour. As an elected representative of the people, a member's status is an exalted
one. While privileges are given to members to enable them to perform their parliamentary duties
unfettered, these privileges also entail certain obligations. A dignified conduct is one of the
primary obligations of a member of Parliament.
19
REFERENCES
1. Subhash C. Kashyap, Our Parliament (New Delhi, 1992), p. 20.
2. Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), p. 194.
3. Kashyap, n. 1, p. 75.
4. Constituent Assembly Debates, 1947, Vol. IV, pp. 927-28.
5. M.V. Pylee, India's Constitution (Bombay, 1967), p. 212.
6. Pylee, n. 2, p. 217.
7. Kashyap, n. 1, p. 23.
8. C.A.D., VII, 1,317.
9. M.P. Sharma, The Government of the Indian Republic, 1951, p. 147.
10. Morris Jones, The Government and Politics of India, 1987, p. 232.
11. N.D. Palmer, The Indian Political System, 1961, p. 119.
12. Morris Jones, Parliament in India, 1957, p. 257.
13. Subhash C. Kashyap, Parliament in the Indian Polity (1987), pp. 31-33.
14. Ramsay Muir, How Britain is Governed, Chapter III.
15. Rajeev Dhawan, "What they did to Parliament", The Indian Express, November 13, 1989.
16. Ibid.
17. P. Upendra, "Decline in Parliamentary Standards—Who is to Blame?" The Indian Express, October 25, 1989.
18. T.L. Ram Mohan, "Stalling Proceedings" The Hindu, April 24, 2001.
19. G.M.C. Balayogi, "Imperative of Discipline and Decorum in Parliament", The Journal of Parliamentary
Information (March 2000), pp. 39-46. Chapter 29
WORKING OF PARLIAMENT
The development of legislative bodies in India has been spread over a fairly long period. The
evolution of parliamentary procedure and practice, on the other hand, cannot really be said to
have begun earlier than 1921, when the first Legislative Assembly of India came into existence.
While the earlier Legislative Council was, in fact, no more than an extension of the Governor-
General's Executive Council, the new Assembly had the distinct shape of the Legislature with two
Houses. It is true that even this Assembly was far short of sovereign status, but it was the first
Indian Legislature to have elaborate rules of procedure.
The main source of these rules of practice and procedure was the Government of India Act of
1919. This contained provisions relating to its composition, tenure and general powers, besides
several rules connected with matters of procedure. All these were contained in a document known
as the 'Manual of Business and Procedure'. There were two other sources for rules of procedure,
namely, the 'Indian Legislative Rules' and a set of standing orders for regulating the Assembly's
procedure. These sources continued to be the basis of all later procedure. Even the Constituent
Assembly of India (Legislative) adopted them in 1947, with modifications for guidance in
procedural matters.
When the new Constitution came into force, substantial alterations had to be made to make the
Rules adequate and suitable for the Indian Parliament. The practice and procedure of the Indian
Parliament has thus been evolving all the time as much as a result of the compulsions of
developing situations as through a conscious, continuous search for more adequate methods of
work for better fulfilment of its growing tasks.
Let us here examine the main aspects of the working of Parliament (Legislative procedure) :
Arrangement of Business : Before the House meets, the order of business is already settled and
each member is provided with a List of Business for the day. The Parliamentary day begins
normally at 11 a.m. with the Speaker taking the Chair in the Lok Sabha and the Chairman in the
Rajya Sabha.
The arrangement of business is an important and complicated task in which the needs of the
Government as well as of individual members have to be met. While the Government requires
greater portion of the time because of the volume of official business, there must be a time set
aside for business initiated by private members. In the Lok Sabha, the last two and a half hours of
sitting on each Friday are normally allotted for private Members' Business, alternately for Bills
and Resolutions. The Speaker may also, in consultation with the Leader of the House, allot any
day other than a Friday for the transaction of Private Members' Business. The order for discussion
of Bills or Resolutions on a day is determined by ballot. In the Lok Sabha, there is a
nominated by the Speaker. Its purpose is to recommend time limit for discussion of
Private Members'Bills and Resolutions. The Committee also examines every Private
Members'Bills seeking to amend the Constitution before the motion for its introduction is
included in the List of Business. In the Rajya Sabha, the entire sitting after lunch recess
on each Friday is usually allowed for Private Members' Business, alternatively for Bills
and Resolutions.
The decision on Government Bill is taken by the Cabinet and its Parliamentary Affairs
Committee. The order of Government Business in the House is decided by Consultation
between the Leaders of the Houses and the Speaker, or the Chairman as the case may be.
The question of allotment of time to the different stages of each Bill is settled by the
Business Advisory Committees of the Houses. The Committees consist of 15 members in
the Lok Sabha and ten in the Rajya Sabha. The Committee is presided over by the
Speaker himself in the Lok Sabha and by the Chairman in the Rajya Sabha.
Question Hour : The day normally begins with Question Hour, which is undoubtedly one
of the most interesting and exciting parts of proceedings because the whole range of
administrative policies and activities, both national and international, fall within its
purview. Questions are of three types (i) starred, (ii) unstarred, and (iii) short notice
questions. A starred question is one to which a member desires an oral answer in the
House. In the case of an unstarred question a written answer is laid on the table by the
concerned Minister. A Short Notice Question is one which relates to a matter of urgent
public importance and can be asked with shorter notice than the normal period prescribed
for a question. Different days in the week are allotted for questions pertaining to various
Ministers. It is done in such a way that the turn of each Ministry comes only once a week.
If a day allotted to particular group of Ministries happens to be a public holiday, no
questions pertaining to that group are again put down for answer in that week. A question
already answered in substance cannot be asked and there is a list of conditions of
admissibility, stated in the Rules of procedure. The final decision as to the admissibility
or otherwise of a question rests with the Speaker or the Chairman as the case may be.
Legislative Procedure in Parliament
The passing of the laws takes up most of the time of Parliament. A Bill has to go through
a long process of preparation before it is introduced. Its initiation takes place in the
Ministry dealing with its subject-matter, but it does not have the shape of a Bill at this
stage. It is a mere proposal for passing a law to implement a policy. The sponsoring
Ministry must, however, consult the Ministry of Law, whose function is to give advice on
the proposed legislation and its constitutional implications, if any. The final proposals are
then prepared and a summary of the proposals is submitted to the Cabinet for approval.
When Cabinet's approval has been obtained, the proposals are referred to the Ministry of
Law with a statement of the exact purpose and form of the legislation. The Ministry of
Law is requested to draft a Bill. During the process of drafting, there are regular
consultations between the Ministry of Law and the Ministry initiating the proposal. Long
patience and hard work go into the preparation of a draft Bill. The final draft is then
printed. It cannot, however, be introduced in Parliament unless it is accompanied by a
'Statement of Objects and Reasons' signed by the Minister concerned and accompanied
by the President's sanction or recommendation in cases where this is required by the
Constitution. A financial memorandum is also necessary where expenditure isWORKING OF
PARLIAMENT
363
involved. Finally, if the Bill proposes delegation of legislative power, a memorandum explaining
the scope of the delegation is also essential.
Money Bills : While Money Bills attracting the provisions of Article 117(1) of the Constitution
can be introduced only in the Lok Sabha, all other Bills may originate in either House. Regarding
Money Bills,, the Rajya Sabha may, however, make recommendations, within 14 days of the
receipt of the Bill from the Lok Sabha but such recommendations are not binding on the Lok
Sabha. Disagreement between the two Houses as to the amendment of a Bill other than Money
Bill is resolved at a joint sitting of both Houses, presided over by the Speaker of the Lok Sabha.
Motion for Introduction : The first step in the introduction of a Bill is taken by the Minister
concerned through a formal motion for leave to introduce it. Though, the motion for leave to
introduce a Bill is not generally opposed at this stage, members have sometimes taken objection
to the introduction of a Bill on the ground of its being ultra vires of the Constitution. The
introduction of the Bill is also called the first reading of the Bill.
Select Committees : Once leave to introduce a Bill has been obtained and the Bill introduced,
there are three courses open to the House. It may take up the Bill for consideration, refer it to a
Select Committee of the House or to the Joint Committee of the two Houses, or it may circulate
the Bill for eliciting opinion thereon. Any of these courses may be taken by moving a motion. At
this stage, the principle of the Bill and its provisions may be discussed generally, but the details
cannot be discussed further than is necessary to explain its principles. If a motion for circulation
is adopted and the Bill is duly circulated, the next step is for it to be referred to a Select or Joint
Committee, unless the Speaker allows a motion to be made for the Bill to be taken into
consideration. It is usual for important Bills to be referred to a Select/Joint Committee. For every
Bill so referred, an ad hoc Select/Joint Committee is constituted and such committees normally
consist of 20 to 45 members. The Minister for Parliamentary Affairs offers about one-fourth of
the seats to the opposition parties and chooses the rest from among members of his own (ruling)
party. The Chairman of the Select Committee is appointed by the Speaker in the Lok Sabha and
Chairman in the Rajya Sabha as the case may be from among the members of the Committee. The
proceedings of such Committees are held in Camera and are confidential till such time as the
report is presented to the House.
The Select and Joint Committee considers the Bill clause-by-clause, just as the two Houses of
Parliament do.
Amendments can be moved to the various clauses by members of the Committee. But before
taking up the Bill for Clause-by-clause scrutiny the Committee may invite written memorandum
from or take oral evidence of associations, public bodies or experts who are interested in the Bill.
After the Bill has been thus considered, the Committee submits its report to the House. Members
who do not agree with the majority report append their minutes of dissent to the Report.
Consideration by the House
On receipt of the Committee's report, the Bill as reported by the Committee is taken up for
consideration. Each clause is considered and put to vote. At this stage, amendments may be
moved. The Presiding Officer is empowered to decide which amendments may be moved,
although he may not always exercise364
INDIAN GOVERNMENT AND POLITICS
This is the stage when the Bill undergoes substantial changes, should they be found
necessary. It is also the most time-consuming stage. Once the Clause-by-clause
consideration is over and every clause is voted, the second reading of the Bill is over.
Third Reading : The final or 'third reading' stage of a Bill is reached only after the clauses
(with amendments), the Schedules, if any, the enacting formula or preamble, if any, and
the title of the Bill have all been put to vote (in the form that they stand part of the Bill)
and agreed to by the House. The third reading is in effect a motion that the Bill be passed.
The discussion is then restricted to the submission of arguments either in support of the
Bill or for its rejection. No reference to details of the Bill can be made at this stage,
except where it is necessary for the purpose of a Member's arguments.
In the Rajya Sabha : After a Bill has been considered and passed by one House, it is sent
to the other for its concurrence, where it has to pass through a similar procedure. The
House may agree to it or it may sent it back with amendments for consideration. When
the Bill is finally passed, it is submitted to the President for his assent.
Amendment by the Rajya Sabha
Where a Bill is returned with amendments by the Rajya Sabha to the Lok Sabha, and the
latter agrees to the amendments made, the Bill is passed as amended, and a message to
the effect is sent to the Rajya Sabha. In case of disagreement between the Houses on a
Bill, other than a Money Bill and a Constitution Amendment Bill there is provision in the
Constitution for a joint sitting of the two Houses, where the fate of the Bill is finally
decided.
Presidential Assent
Once the Presidential assent is given to the Bill, it becomes an Act of Parliament. The
President can, except in the case of a Money Bill, withhold his assent to a Bill and return
the Bill with his recommendations. If the Houses pass the Bill again with or without
amendments the President does not withhold assent therefrom.
Financial Procedure
The power to authorise the raising and spending of money rests with the Lok Sabha. The
initiative must, of course, come from the executive in the form of the Budget. In the
words of the Constitution, "The President shall, in respect of every financial year, cause
to be laid before both the Houses of Parliament a statement of the estimated receipts and
expenditure of the Government of India for that year, referred to as the 'annual financial
statement'. A distinction is made between votable expenditure and expenditure charged
on the Consolidated Fund of India. While the former is voted upon, the latter is not
subject to voting, although it is included in the statement of expenditure laid before the
House and can be discussed.
Demands for Grants
The estimates of votable expenditure are submitted to the Lok Sabha in the form of
Demands for Grants. When the Grants have been voted, an Appropriation Bill is brought
forward, the enactment of which alone confers the authorisation to draw money from the
Consolidated Fund. The process for the presentation and passage of Supplementary,
Additional and Excess Grants is the same as describe above.WORKING OF PARLIAMENT
365
The Budget
The day the Budget is presented in Parliament is probably the year's most exciting day for the
legislators but even more so for the business community and the common people all over the
country. Since the Budget, with its proposals for fresh taxation or relief from it, affects the entire
population, the visitor's galleries in the Lok Sabha are always packed to capacity when the
Finance Minister makes his Budget Speech. The members are given copies of the Budget for
study. The Budget remains a closely guarded secret till the Finance Minister presents it in
Parliament. The Minister's Speech contains explanations and details of the proposals. An
Explanatory Memorandum is also prepared for the benefit of Members of Parliament.
The Budget is presented in two parts—the General Budget and the Railway Budget—the
procedure for both being similar. The Budget is not merely a list of proposals for taxation, it also
contains a full statement of estimates of revenue and expenditure. It is discussed in a debate in
which a large number of Members of the House participate. This discussion takes place a few
days after the presentation of the budget and encompasses both the votable and non-votable
items. This is the stage when a general appraisal of the Government's financial policy is made.
Voting of Grants
The next step after the general discussion is the voting of grants. The demands for Grants is made
by each Ministry in three parts. The first contains a statement of the total estimated expenditure to
be voted by the House. The second gives the sub-heads and the third provides the details of the
sub-heads. The demand is made by introducing a motion.
Cut Motions :
The debate at the Demand stage is narrowed down to each head and is further limited to the
particular subject of the motion when cut motions are moved. A 'Cut motion' is also a device
which members can employ to draw attention to specific grievances or criticise particular policies
of the Government. It may be a 'Disapproval of Policy Cut', the cut motion in such cases is that
"the amount of the Demand be reduced to Re. 1." The second type of Cut motion is known as the
'Economy Cut' and says that the Demand be reduced by a specified amount representing the
economy that can be effected. A third type is for a 'Token Cut'. If the motion seeks to reduce the
demand by a cut of Rs. 100, it aims to ventilate a specific grievance which is within the sphere of
the responsibility of the Government and such a motion is known as a 'Token Cut'. The House
allots the time that may be given to each Ministry's Demands, both th^ opposition and the
Government being consulted in the matter.
Vote on Account
The process of voting of Demands continues for a long time while day to day expenditure of the
Government Departments cannot wait till the Budget is finally passed. To meet this difficulty a
new device was introduced in 1950 known as the 'Vote on Account'. The passing of the Vote on
Account followed by the Appropriation (Vote on Account Act) authorizes the Government to
draw on the Consolidated Fund of India, generally for a period of two months. The Vote on
Account which is usually passed without debate, enables the House to366
INDIAN GOVERNMENT AND POLITICS
Appropriation Bill
The Appropriation Bill constitutes the final step in financial legislation. It gives legal effect to the
voted demands and authorises the supply of money from the Consolidated Fund.
The Finance Bill
The passing of the Appropriation Bill means that Parliament has authorised all expenditure.
Approval of the Government's proposals for raising revenue has, however, yet to be given. It is
the Finance Bill which contains these proposals and this Bill is introduced in the Lok Sabha after
the Finance Minister's Budget speech. Consideration of the Bill is taken up after the
Appropriation Bill has been passed. It follows the usual procedure for Bills. Passing of the
Finance Bill is the final act of Parliament's financial procedure: 2
COMMITTEES OF PARLIAMENT
During the years in which the Indian Parliament has functioned as a sovereign body, there have
been remarkable developments in Parliamentary practice and procedure. A noteworthy part of
these developments has been in the direction of Parliamentary Committees. Parliament discusses
policies but unless there are Committees which can discuss details and where those who run the
administration have to give evidence, where matters can be thoroughly examined, Parliament's
control tends to be feeble. Unlike on the floor of Parliament where discussions are likely to be on
party lines and often mixed with politics and passion, in the Committee's members can meet in a
more informal and peaceful atmosphere and concentrate in a truly business-like fashion on the
problems entrusted to them. It is here that the greatest advantage of the Committee system lies.
Parliamentary Committees are of two kinds—Ad hoc Committees and Standing Committees. An
Ad hoc Committee is appointed for a specific purpose and when it has finished its assigned work
and has submitted its report, it ceases to exist. The best known and most regular examples of Ad
hoc Committees are the Select and Joint Committees on Bills. Such Committees are appointed on
the other matters as well. One such Committee functioning at present is the Railways Convention
Committee.3
Each House has a number of Standing Committees. The Rajya Sabha and the Lok Sabha each
have a Business Advisory Committee, a Committee on Petitions, a Committee of Privileges and a
Rules Committee. The Lok Sabha has in addition a number of other Committees.
Of special importance is yet another class of Committees which act as Parliament's 'Watch Dogs'
over the executive. These are : the Committee on Subordinate Legislation, the Committee on
Government Assurances, the Estimates Committee, the Public Accounts Committee, Committee
on the Public Undertakings. The Estimates Committee, the Public Accounts Committee and the
Committee on Public Undertakings play an important role in exercising check on Governmental
expenditure.
The functions and composition of the important Committees of Parliament are discussed here :
Public Accounts Committee
The Public Accounts Committee, popularly known as PAC, is the oldest Financial
Committee.WORKING OF PARLIAMENT
367
This Committee consists of 15 members elected by the Lok Sabha. Seven members of the Rajya
Sabha are associated with it. A Minister is not eligible for election. As a matter of practice, since
1967, a member of opposition is being appointed as the chairman of the committee.
The main duty of the Committee is to ascertain whether the money granted by Parliament has
been spent by Government "within the scope of the demand". The appropriation accounts of the
Government of India and the Audit Report presented by the Comptroller and Auditor-General
mainly form the basis for examination by the Committee. Cases involving losses, nugatory
expenditure and financial irregularities come in for severe criticism from the Committee. The
Committee is not concerned with questions of policy. It is concerned only with the execution of
the policy laid down by Parliament and its results. The life of the Committee is one year.
Estimates Committee
This Committee consists of 30 members who are elected by the Lok Sabha every year from
among its members. Unlike the PAC and the Committee on Public Undertakings, the members of
Rajya Sabha are not associated with it. A Minister is not eligible for election to this Committee.
The life of the Committee is one year.
The Committee examines estimates of the various Ministries, Departments and Projects of the
Government of India and suggests economy, improvements in organisation and efficiency or
administrative reforms which can be effected in consistence with the policy underlying the
estimates. The Committee acts as the continuous 'economy committee' and its criticisms and
suggestions act as deterrent on extravagance in public expenditure.
Committee on Public Undertakings
The Committee on Public Undertakings consists of 22 membersj—15 elected by the Lok Sabha
and 7 from the Rajya Sabha. The Members of the Committee hold office for a term of one year.
The Committee was constituted for the first time with effect from May 1, 1964.
The functions of the Committee on Public Undertakings are : (a) to examine the reports and
accounts of the Public Undertakings; (b) to examine the reports, if any, of the Comptroller and
Auditor-General on the Public Undertakings; (c) to examine in the context of the autonomy and
efficiency of Public Undertakings, whether the affairs of the Public Undertakings, are being
managed in accordance with sound business principles and prudent commercial practices; and (d)
to exercise such other functions vested in the Public Accounts Committee and the Estimates
Committee in relation to the Public Undertakings as are not covered by clause (a), (b) and (c)
above and as may be allotted to the Committee by the Speaker from time to time. The Committee
does not, however, examine matters of major Government Policy and day-to-day administration
of the Undertakings.
Business Advisory Committee
The Business Advisory Committee of the Lok Sabha consists of 15 members, including the
Speaker who is the ex-officio Chairman. The members are nominated by the Speaker. Almost all
sections of the House are represented on the Committee. In the Rajya Sabha, this Committee
consists of ten Members including the Chairman who is also the Chairman of the Committee. The
function of the Committee is to recommend the time that should be allotted for 368
INDIAN GOVERNMENT AND POLITICS
consultation with the leader of the House, may refer to it. The Committee, on its own initiative,
may also recommend to the Government to bring forward particular subjects for discussion in the
House and recommend allocation of time for such discussion. The decision reached by the
Committee are always unanimous in character and represent the collective view of the House.
The Committee generally meets at the beginning of each session and thereafter as and when
necessary.
Committee on Absence of Members from the Sittings of the House
The Committee consists of 15 members who hold office for one year. The members are
nominated by the Speaker. This Committee considers all applications from members for leave of
absence from the sitting of the House and examines every case where a member has been absent
for a period of 60 days or more without permission, from the sittings of the House. In its report, it
makes recommendations in each case as to whether the absence should be condoned or leave
applied for granted or whether the circumstances of the case justify that the House should declare
the Seat of the Member vacant.
Committee on Private Members' Bills and Resolutions
This Committee of the Lok Sabha consists of 15 Members. The Deputy Speaker is generally its
Chairman. The Committee allots time to Private Members' Bills and Resolutions, examines
private Members' Bills seeking to amend the Constitution before their introduction in the Lok
Sabha and also examines such Private Members' Bill where the Legislative competence of the
House is challenged.
The Committee, thus performs similar function in relation to Private Members' Bills and
Resolutions as the Business Advisory Committee does in regard to Government Business. The
Committee holds office for a term not exceeding one year.
Rules Committee
The Rules Committee in both the Houses consists of 15 members nominated by the
Speaker/Chairman. The Speaker or the Chairman is the ex-officio Chairman of the Committee.
The Committee considers matters of procedure and conduct of business in the House and
recommends amendments or additions to the Rules of Procedure and Conduct of Business that
are considered necessary.
Committee of Privileges
This Committee consists of not more than 15 members in the Lok Sabha and not more than 10
members in the Rajya Sabha. Its function is to examine every question of privilege of the House
or of the members or of any of its committees referred to it by the House or by the
Speaker/Chairman. It determines, with reference to the facts of each case, whether a breach of
privilege is involved and makes suitable recommendations in its report to the House.
Committee on Petitions
The Committee on Petitions is one of the oldest Parliamentary Committees. It consists of not less
than 15 members in the Lok Sabha and 10 members in the Rajya Sabha. The members of the
Committee are nominated by the presiding officers of the respective House. A Minister is not
nominated to this Committee and if a member is appointed a Minister after his nomination to this
Committee he ceases to be a member of the Committee from the date of such
appointment.WORKING OF PARLIAMENT
369
The right of submitting petitions to Parliament is an inherent right of the people, which enables
them to ventilate their grievances and put forth suggestions before the Supreme Body elected by
them. The functions of the Committee on Petitions are (i) to examine all petitions presented to the
House and to satisfy itself that they comply with the rules relating to petitions; (ii) to examine the
specific complaints made in petitions on matters of general public interest and suggest either
remedial measures applicable to the cases under review in a concrete form, or to prevent
recurrence of such cases in future.
Committee on Government Assurances
In the Lok Sabha this Committee consisting of 15 members are nominated by the Speaker. In the
Rajya Sabha it consists of 10 members nominated by the Chairman. A Minister is not nominated
to this Committee. While replying to questions in the House or during discussions on Bills,
Resolutions, Motions, etc. Ministers at times give assurances or undertakings either to consider a
matter or to take action or to furnish the House with further information later. The function of this
Committee is to scrutinise these assurances, and report to the House on the extent to which the
assurances have been implemented.
Committee on Subordinate Legislation
The Committee on Subordinate Legislation came into existence on December 1, 1953. This
Committee consists of not more than 15 members in each House, who are nominated by the
Speaker or the Chairman as the case may be. A Minister is not nominated to this Committee.
The Committee scrutinises and reports to the House whether the powers to make regulations,
rules, sub-rules, bye-laws, etc., conferred by the Constitution or delegated by Parliament are
being properly exercised by the Executive within the scope of such delegation. The Committee
may also examine provisions of Bill which seek : (i) to delegate powers to make orders; or (ii) to
amend earlier Acts delegating such powers, to ensure that suitable provisions for the laying of the
orders on the Table of the House have been made therein.
Committee on Papers laid on the Table
This Committee consists of not more than 15 members who are nominated by the Speaker. The
Committee examines all the papers (other than those which fall within the purview of the
Committee on Subordinate legislation or any other Parliament Committee) laid on the Table of
the House by Minister to see whether there has been compliance of the provisions of the
Constitution, Act, Rule or Regulation under which the paper has been laid.
Committee on the Welfare of Scheduled Castes and Scheduled Tribes
This Committee consists of 30 members—20 from the Lok Sabha and 10 from the Rajya Sabha.
The Committee considers all matters relating to the welfare of the Scheduled Castes and the
Scheduled Tribes and keeps a watch whether the constitutional safeguards in respect of these
classes are properly implemented.
Joint Committee on Offices of Profit
This Joint Committee consists of 15 members, on a Government motion moved in the Lok Sabha
and concurred by the Rajya Sabha, 10 members are elected from the Lok Sabha and 5 from the
Rajya Sabha according to principles of proportional representation by means of single
transferable vote. The Com-370
INDIAN GOVERNMENT AND POLITICS
The Speaker nominates the Chairman from among the elected members. The main functions of
the Committee are to examine the composition and character of the Committees and other bodies
appointed by the Central and State Governments and to recommend what offices should
disqualify and what offices should not disqualify a person from being a Member of Parliament
under Article 102 of the Constitution.
Other Committees
Besides these, there are the General Purposes Committee, the House Committee and the Joint
Committee on Salaries and Allowances of Members of Parliament which deal with facilities to
members or other matters of interest to them.
The General Purposes Committee has no fixed number of members. It advises the Speaker who is
the ex-officio Chairman of the Committee on such matters concerning the affairs of the House as
may be referred to it by the Speaker from time to time.
The House Committee of each House is concerned with residential accommodation to the
Members of the Lok Sabha or the Rajya Sabha as the case may be.
The Library Committee is an informal Committee constituted by the Speaker to advise him on
matters pertaining to the maintenance and up-keep of the Parliament Library. The Committee
consists of six members from the Lok Sabha including the Deputy Speaker who is the ex-officio
Chairman of the Committee and three members of the Rajya Sabha. The Committee holds office
for a term not exceeding one year.
The Joint Committee on Salaries and Allowances of Members of Parliament consisting of 10
members from the Lok Sabha and 5 members from the Rajya Sabha is for regulating the payment
of daily and travelling allowances under the Salary, Allowances and Pension of Members of
Parliament Act, 1954 (as amended) and also for providing medical, telephone, other allied and
postal facilities to Members of Parliament.
How Committees Function?
Unless the Presiding Officer is himself the Chairman, he nominates from among the Members of
a Committee a Chairman to conduct the proceedings of the Committee. Members take part in the
discussion with the permission of the Chairman. Decisions are taken by a majority vote. A
Committee may hear expert advice and call for papers and persons if it considers necessary for
proper and expeditious disposal of its work. The conclusions of a Committee are embodied in a
report which is presented to the House.4
So important, indeed, is the work done by Committees that Hiren Muk-herjee has suggested
"reduction in Parliament's Ceremonial Session and increase in Committee work, drawing in more
actively and consistently the service and talent of the members."
New Committee System in Parliament
On March 29, 1993, the Lok Sabha took a historic decision, by an unanimous vote, to introduce
the Standing Committee System in the Indian Parliamentary practice. The new committee system
was inaugurated at a special function in Parliament House by the then Vice-President Mr. K.R.
Narayanan. The new system—recommended by the Rules Committee of the Parliament—
envisages the formation of seventeen joint standing committees which are as WORKING OF
PARLIAMENT
371
follows : Committee on Commerce, Committee on Home Affairs, Committee on Human
Resources Development, Committee on Industry, Committee on Environment, Forests,
Electronics, Science and Technology, Committee on Transport and Tourism, Committee on
Agriculture, Committee on Communications, Committee on Information and Broadcasting,
Committee on Defence, Committee on Energy, Committee on External Affairs, Committee on
Finance, Committee on Labour and Welfare, Committee on Petroleum and Chemicals,
Committee on Railways and Committee on Urban and Rural Development. Each Committee
comprises 45 members—30 from Lok Sabha and 15 from Rajya Sabha. Ministers are not eligible
for the membership of the committees. The normal membership term of the Committees is one
year. The chairpersons of the various committees are nominated by the Speaker in consultation
with the Party Leaders. The main function of these committees is to examine and discuss in detail
the budget proposals relating to the relevant ministries. They also scrutinise all other bills (except
highly technical ones) proposed to be moved in Parliament. Thus these Committees—which
normally meet during the recess of Parliament—ensure a fuller examination and Parliamentary
scrutiny of grants and bills. At the same time, by relieving the pressure on Parliament's time, they
ensure fuller debate and discussion in the Houses on important measures and policy issues.
The merit of the new committee system is that Parliament is able to examine grants of
departments in detail. At present Parliament only finds time to discuss the demands for about 7 or
8 ministries, and the rest are being guillotine, without detailed scrutiny of the financial allocations
by Parliament. Under the new system, not only the annual grant of each ministry comes under
detailed scrutiny by the standing committees, but their performance also be examined in detail.
REFERENCES
1. Ministry of Information and Broadcasting, The Indian Parliament, 1980, pp. 38-47.
2. Sabhash Kashyap, Our Parliament, 1992, p. 117.
3. Ibid., p. 140.
4. Ministry of Information and Broadcasting, n. 1, p. 47. Chapter 30
OFFICE OF THE PRESIDENT
ELECTION METHOD & POLITICS OF SELECTION
The President in the Constitution is not a figurehead. He is the embodiment of the ultimate
authority of the Constitution, which moves only on threat to constitutional government. The
President's oath of office compels him "to preserve, protect and defend the Constitution and the
law" and "to devote himself to the service and well being of the people of India." The supremacy
of the President lies in securing the supremacy of the Constitution.
The importance of the President in the consitutional set-up of the country is disclosed by the
manner of his election. He is elected by the members of an electoral college consisting of (i) the
elected members of both the Houses of Parliament; and (ii) the elected members of the
Legislative Assembly of the States. The suggestion that the electoral college should consist of
members of Parliament alone was turned down so that "the President might not be a creature of
the majority in power and a pale replica of the Prime Minister." This would show, in the first
place, that the President is not merely a figurehead and in the second place, that he represents the
people of India, as against the Union Ministers who represent only the majority party in
Parliament, thus making him not only head of the Union, but also the Chief of the Nation and the
concrete embodiment of the Unity of the State.
ELECTION OF THE PRESIDENT
Qualifications : In order to be qualified for election as President, a person must
(a) be a citizen of India;
(b) have completed the age of 35 years;
(c) be qualified for election as a member of the House of the People; and
(d) must not hold any office of profit under the Government of India or the Government of any
State or under any local or other authority subject to the control of any of the said Governments.
But a sitting President or Vice-president of the Union or the Governor of any State or a minister
either for the Union or for any State is not disqualified for election as President.
Besides, the above mentioned qualifications, the Presidential Election Act of 1974 provides for a
security deposit of Rupees 2,500 alongwith the nomination paper of the candidate, proposed at
least by 10 and seconded by 10 other members of the electoral college. OFFICE OF THE PRESIDENT ....
POLITICS OF SELECTION
373
The Union Cabinet, at its meeting on June 4, 1997 approved the issuance of an ordinance to
amend the Presidential and Vice-Presidential Election Act, 1952 with a view to discouraging
"frivolous nominations for the office of the President and Vice-President."
The ordinance, promulgated on June 5, now stipulates that there must be 50 proposers and 50
seconders for the presidential candidate. It has also increased the security deposit to Rs. 15,000.
In the case of Vice-Presidential candidate, there should be 20 proposers and 20 seconders and the
security deposit would be Rs. 15,000. This amount is liable to be forfeited if at the election where
the poll has been taken the candidate is not elected and the number of valid votes polled by such
candidate does not exceed one-sixth of the votes necessary to secure the return of a candidate at
such election. Not more than four nominations can be filed by or on behalf of a candidate or
accepted by the Returning Officer.
Term of office of President: The President's term of office is five years from the date on which he
enters upon his office. The Constitution prescribes no legal limitation on the number of terms a
person may serve in the office. This is left to political necessities to regulate. The President's
office may terminate within the term of five years in either of two ways : (a) By resignation in
writing under his hand addressed to the Vice-president of India; (b) By removal for violation of
the Constitution, by the process of impeachment.
Emoluments and Allowances : The President shall be entitled without payment of rent to the use
of his official residence and shall be also entitled to such emoluments, allowances and privileges
as may be determined by Parliament by law. His emoluments at present is fixed Rs. 50,000 per
month. On the expiration of his term or resignation, the President is entitled to an annual pension
of Rs. 3,00,000. The emoluments and allowances of the President shall not be diminished during
his term of office.
Vacancy in the Office : Normally, a vacancy in the office of the President may be caused in any of
the following ways : (i) on the expiry of his term of five years; (ii) By his death; (iii) By his
resignation; (iv) On his removal by impeachment; (v) Otherwise, e.g., on the setting aside of his
election as President.
According to Article 62 (i): An election to fill a vacancy caused by the expiration of the term of
office of President shall be completed before the expiration of the term; (ii) An election to fill a
vacancy in the office of President occurring by reason of his death, resignation or removal, or
otherwise shall be held as soon as possible after, and in no case later than six months from the
date of occurrence of the vacancy; and the person elected to fill the vacancy shall, subject to the
provisions of Article 56, be entitled to hold office for the full term of five years from the date on
which he enters upon his office.
In the event of the occurrence of any vacancy in the office of the President by reason of his death,
resignation or removal or otherwise, the Vice-President shall act as President until the date on
which a new President elected enters upon his office.
When the President is unable to discharge his functions owing to absence, illness or any other
cause, the Vice-president shall discharge his functions until the date on which the President
resumes his duties.
Matters relating to, or connected with the election of a President or Vice-President
An election petition calling in question an election to the President may be 374
INDIAN GOVERNMENT AND POLITICS
result of election—to the Supreme Court by any'candidate at such election or any twenty or more
electors joined together as petitioners; and in the case of the election to the office of the Vice-
President, by any candidate at such election or by ten or more electors joined together as
petitioners.
Procedure for Impeachment: The Constitution lays down a detailed procedure (Article 61) for the
impeachment of the President, which is almost identical to that in the United States except for one
major difference. In India the charge may be preferred by either House of Parliament while in the
United States the House of Representatives alone has the power to try the impeachment. The
President can be impeached only for the violation of the Constitution, a form which is
comprehensive enough to cover crimes such as treason, bribery and other crimes. Before the
charge is preferred by either House of Parliament, the proposal should be embodied in a
resolution moved after a notice of at least fourteen days. The notice must be signed by at least
one-fourth of the total membership of the House. The charge shall be preferred only if such a
resolution is passed by a two-thirds majority of the total membership of the House. Once the
charge has been so preferred in one House, the other House will investigate the charge or appoint
a special body for such investigation. If the result of such investigation is that the charge against
the President has been sustained and to this effect a resolution is passed by the House with a two-
thirds majority of its total membership, the President ceases to hold the office of the President of
India from the date of passing such resolution.
Conditions of President's Office : According to Article 59: (i) The President shall not be a
member of either House of Parliament, of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of Legislature of any State be elected
President, he shall be deemed to have vacated his seat in that House on the date on which he
enters upon his office as President, (ii) The President shall not hold any other office of profit.
METHOD OF ELECTION
The President is elected indirectly by an electoral college consisting of the elected members of
both Houses of Parliament and the Legislative Assemblies of States (Article 54). The idea of
direct election was proposed by many in the Constituent Assembly, among them K. T. Shah, who
had well defined views on the matter. But the Assembly found the idea contrary to the spirit of
Parliamentary Government. Apart from this, indirect election was designed to help electing a
statesman who was not directly involved in party politics. Dr. Ambedkar and Nehru considered
election by the expanded electoral college as equivalent to direct election based on adult
franchise.
The President is elected by the system of proportional representation by means of single
transferable vote. The Constitution prescribes two principles for the election: (i) State's inter se
are given uniformity or near uniformity in the scale of representation; and (ii) a parity is
established between the States on a whole and the Union of India. Normally, it should have been
possible to achieve this uniformity by the simple device of assigning each member of the
electoral college one vote. Such uniformity would, however, have been invidious because in
different States different ratio prevailed between the population and the number of legislators. For
example, at present, Uttar Pradesh with a population of 83.8 million has 403 seats and Bihar with
a population of 42.1OFFICE OF THE PRESIDENT.... POLITICS OF SELECTION
375
million has 243 seats. Kerala with a population of 21.3 million has 140 seats and Nagaland with a
population of .51 million has 60 seats.
The principle of uniformity is given effect by giving to each voter (i.e., a member of the
Legislative Assembly), a voting strength in proportion to the population he represents. This is
obtained by dividing the population of each State as ascertained at the last census by the total
number of elected members in the Assembly of the State. The resultant figure indicate the value
of the vote of each member. Diagrammatically, this may be expressed as under:
______________Total Population of the State______________
Total number of elected members in the Legislative Assembly '
In calculation, if the remainder figure is five hundred or more, it is counted as one; if it is less
than five hundred, it is ignored.
The second principle of parity between the Union of India and the States is translated into
practice by laying down that the total value of the votes of all the members of the Legislative
Assemblies is divided by the total number of elected members of both Houses of Parliament. The
derivative figure is the vote of each elected member of the Parliament. The total value of the
voters of all elected members of Parliament can be found by multiplying the votes of one member
of the Parliament with the total number of members of Parliament.
Since the election of the President is by proportional representation by means of single
transferable vote, the next step is to ascertain the quota. To determine the quota, the total number
of votes polled is divided by the total number of members to be returned plus one and by adding
one to the quotient. The formula is:
_____Number of votes polled + 1_____
Number of Members to be elected + 1
The elector while casting their votes are required to indicate their preference in favour of various
candidates. First preference votes are counted first. If any candidate secures the quota in this
count, he is declared elected. If no candidate is able to secure the quota, the candidate who has
secured the lowest number of votes is eliminated and the second preference votes are counted and
added to the number of votes obtained by the remaining candidates. This process continues till a
candidate obtains the required quota.
"On the whole, this is a unique system of Presidential election and one is tempted to ask what
prompted the Constitution makers to adopt such a system." Indeed, the present composition of the
presidential electoral college satisfies the need of federal harmony by including the elected
members of both the Chambers of Union Parliament and elected members of the lower Chamber
of State Legislatures. It has given the President a constituency which by all standards has a
national character and, at the same time, does not create an alternative focus of political power.
It is not as extensive as the national electorate and yet, in political terms,
■ ' - " r>, j.____ 1 fUnachaJ Pradesh Assam
Bihar
0
116x126 173x243

°
4,21,26,236 1,16,37,494 7,95,120 2,66,97,475
Gujarat Haryana
h
Kashmir narkhand
Karnataka Kerala
Madhya Pradesh
Maharashtra
Mi
34,60,434 @ 63,00,000 1.42,27,133
,,oi4
2 1
- 3,47,375
3
'°0,16,625
5
-°4,12,235
I
0,72,753
10,11,699
3
,32,390
224
152 x140 131x 230 175 x 288 : °18 x 060 = °17 x 060 = 008 x 040 = XO6O = 149 x147 = x 117
= x200 = 007 x 032 = 176x234 = 026 x 060 208 x 403 64 x 70 151 x 294: 058 x 070 =
pur Meghalaya Mizoram
1,020 320 540 21,903 13,572 25,800 224
Orissa Punjab
jast Sikkim Tamil Nadu Tripura Uttar Pradesh UttaranchaJ West Bengal NCT-DeJhi
2,57,65,806 2,09,843 4,H,99,168 15,56,342 8-38,49,905
44,91,239
4,43,12,011
40,65,698

OFFICE OF THE PRESIDENT .... POLITICS OF SELECTION

377
a constitutional head of the State, direct election by the entire electorate as in the case of the
President of the U.S.A. was considered neither necessary nor advisable. Yet, it was thought
desirable to have the President elected by as popular body as possible. Both these purposes have
been realised under the present system, (ii) Secondly, the significance of an electoral college
composed of not only the members of both Houses of Parliament but also those of the State
Assemblies needs emphasis. In an election where the Head of the Nation is chosen, if the
members of Parliament alone participate, it is possible that a party that has clear majority in
Parliament can easily see its candidates elected. But when the members of the State Assemblies
also participate in the election, the picture is likely to undergo a substantial change. For, it is quite
possible that the party which has won majority in parliament may be a minority in many State
Assemblies or even in most of them. Under such conditions, a party supported by a majority of
members in Parliament will not by itself be able to elect its candidate to office.
The effect of such an electoral college is to make the President a representative of States and the
Union equally. This is, indeed, in complete harmony with the general scheme of the Indian
Constitution which is neither purely federal nor purely unitary in character. 2
CRITICISM OF THE ELECTION METHOD
A critic has pointed out three defects in the Presidential electoral college, namely, exclusion of
State's second chambers, a possibility of the dissolution of hostile legislature on the eve of
election, and the possibility of a Presidential election by a lameduck College. 3 The issue of
excluding the States' second chambers was raised in the Constituent Assembly also, but the
present formula seems to be justified on two counts: one, the constitution of the State Legislative
Council's are not uniform in this respect and, two, the future of second chambers in States is
uncertain. The President is empowered by Article 356 to dissolve a unit in the electoral college to
his advantage, but it is expected that he should be able to defend his action in terms of the
political situation obtaining in the State concerned. Otherwise, his action will discredit him and
may even cost him his office. It is true that a lameduck Parliament may comprise the college, but
a government, as far as possible, would like to ensure that a successful nominee reflects the latest
political mood. What is defective in the electoral college is that the elected legislators in the
Union Territories ceased to be members of the college after the reorganisation of state because of
a technical oversight by which the new name given to Part 'C States was not inserted in Article
54. There is already political pressure both for upgrading the status of the Union Territories and
for including their legislators in the electoral college.
Although, on paper, the Presidential election is a complicated process, in practice it is a
comparatively simple process.
POLITICS OF PRESIDENTIAL ELECTION
The election of the President is just a formality in the Indian context, the politics of selection is
rather more interesting and dynamic. The selection of the particular candidate is an important part
of the decision-making process and henceforth it requires a thorough analysis along with the
election process.
First President: Selection of Dr. Rajendra Prasad
Dr. Rajendra Prasad, the first President of India and a stalwart of the freedom movement held the
position from January 26, 1950 to 1962. In 1950,
inrn---] ;„
-» *~i «TOO

nf orl 378
INDIAN GOVERNMENT AND POLITICS
for the office under great political manoeuvring. A person with strong views on socio-political
issues and a strong base in the conservative sector of the Congress Party, he had constant political
differences with Jawaharlal Nehru, the first Prime Minister of the country.
The Constituent Assembly which elected the Interim President was induced conflicts between its
leaders. The conflict was initially confined to a small group at the top. The first indication of the
changing character of Congress was revealed by a clash between Rajendra Prasad and Sardar
Patel regarding the power and position of the President of the Constituent Assembly. The
Assembly, of which Dr. Prasad was the President, was designed to function as the interim
Parliament also. In addition to his membership in the cabinet as a Minister, he wanted to be the
Speaker of the Parliament. While Nehru tried to make him the President of the Congress, which
he regarded as an effort to shunt him out of the cabinet and Presidentship of the Assembly, he
clashed with Patel in a meeting of the cabinet, where he was forced to concede the Speakership
for Mavalankar, as a subordinate office. Mavalankar sought an equal status to which Dr. Prasad
finally yielded under great pressure.
This was only the prelude to a more serious conflict, tantamount to a struggle for power at the
time of selecting the interim President. The noteworthy development was that Rajagopalachari,
who, along with Sardar Patel and Dr. Prasad was identified with traditional opponents of Nehru's
policy of socialism in Gaya session, had moved closer to Nehru due to his secular outlook and
modernistic views. Nehru sought to make him the interim President considering that a south
Indian as President would set a regional balance—a worthwhile convention. As a supporter of
Gandhian policy on language, he could help circumscribe the ambitions of Hindi chauvinists,
who had made a consensus on this issue impossible in the Constituent Assembly. Experience as
the head of a state and his impact on the diplomatic corp were his special assets.
Patel, on the other hand, had an appreciation for Dr. Prasad as a conservative who could tilt the
balance in his favour whenever a clash over Nehru's progresssive social policies came to the
forefront.5 He ensured the support of Maulana Azad on account of Rajagopalachari's well-known
pro-Muslim League and pro-Pakistani attitude. The opinion in the Assembly seemed to be
favourable to Dr. Prasad though Nehru's open support for Rajagopalachari might have won over
many of its members to the alternative proposal.
Nehru had already succeeded in persuading Rajendra Prasad to concede Rajagopalachari's claim
to the office. But a meeting of the Congress Parliamentary Party called to formally approve the
proposal, expressed hostility towards electing him. Thereupon the issue of nominating the interim
President was entrusted to Nehru and Patel. After a short spell of tension, Azad intervened
resolving the conflict in favour of Dr. Prasad. It was a personal defeat of Nehru and Rajendra
Prasad was formally declared elected by the Returning Officer, for being the only candidate
whose nomination papers were received.
After the First General Elections (1952), the Communist Party as a major non-Congress group
saw an opportunity to mobilize non-Congress Parties in order to show its own strength. An idea
was entertained at the time of selecting the interim President, that a non-party man should be
nominated to this symbolic office preferably by unanimity. An effort was first made to bring the
Congress round to this point, and then a non-controversial independent candidate, K.T. Shah, was
put up so as to enroll the support of as many non-Congress electors as possible. From the
viewpoint of the Congress, the election wasOFFICE OF THE PRESIDENT .... POLITICS OF SELECTION
379
formality to confirm the appointment of Rajendra Prasad, who was, so to say, on probation till
then. Above all, the Party's position in the electoral college did not call for negotiating a national
consensus. It simply paid no heed to the calls for an independent President. A joint meeting of the
Congress Working Committee and the Parliamentary Board unanimously agreed to sponsor
Rajendra Prasad for Presidency. Nehru made an appeal projecting him as a national candidate
who deserved this great position. Rajendra Prasad secured 83.82 per cent of votes while his
nearest rival K.T. Shah could get only 15.33 per cent votes.
The first tenure of Rajendra Prasad's Presidency was not as comfortable as is generally believed.
Nehru had a reservation about Rajendra Prasad. As the interim President, Rajendra Prasad had
persuaded Nehru to postpone the proceedings of the Hindu Code Bill till the newly elected
Parliament returned with the popular mandate. Nehru disliked Rajendra Prasad's washing the feet
of Pandits in Benaras as well as his participation in ceremonies of the reconstruction of Somnath's
temple. Rajendra Prasad had raised some points of constitutional importance regarding the
Presidential power in the famous speech while laying the foundation stone of the Indian Law
Institute. In a meeting of the Congress Parliamentary Party, Nehru suggested that old people
should retire. In the Parliamentary Board, he specifically mentioned Rajendra Prasad's name in
this connection. Nehru argued that Radha Krishnan, the Vice-President was old and should be
given a chance for Presidency. But two members of the Parliamentary Board had appraised Dr.
Prasad of the division in the Board, whereupon he firmly decided to stick to his position. His
nomination was ultimately announced and Radha Krishnan was persuaded to accept the Vice-
Presidentship for another term. This time Rajendra Prasad was declared elected with 99.24 per
cent of votes.
Second President: Selection of Dr. Radha Krishnan
Rajendra Prasad was succeeded by Dr. S. Radha Krishnan (1962-67), an academician and
philosopher of international stature. He was almost a consensus candidate because of his
performance as the Chairman of the Rajya Sabha and Nehru wanted that a South Indian should be
given a chance for the high office of the Presidentship. His election was reduced to a mere
formality because all parties, except the socialist party, gave an impression as if it was a national
consensus automatically arrived at.
Third President: Selection of Dr. Zakir Hussain
In view of the precedent of promoting the Vice-President to the Presidency, Zakir Hussain was a
natural choice. But as results of the general elections poured in, this belief suffered a setback in
view of the emerging political complexion of the country. Although the Congress still
commanded a majority in the Presidential electoral college, it seemed difficult for the party to
present him as a candidate. The political conditions were so difficult that even the re-election of
Radhakrishnan could not be taken for granted. The Congress Parliamentary Party had authorised
the Prime Minister, Indira Gandhi and the Congress President, Kamaraj, to select the party
nominee. The Congress President expressed his doubts whether the Congress legislators from the
Hindi speaking area would solidly vote for Zakir Hussain. He was of the view that the re-election
of Radhakrishnan would not only ensure the Congress victory but also make the alienation of
South India. Mrs. Gandhi, on the other hand, was eager for a secular initiative and strongly of the
view that a person who had. _ - _......._iu rtiiu TWLII IUO
of his new assignment equally well. Moreover, she was anxious to have a person of her own
choice for the Presidency, because it was she who would usually deal with him. Dr. Hussain was
suitable for the office from the viewpoint of mutual confidence between the two key personages,
specially required in the new political context. When Jaya Prakash Narayan as well as S.M. Joshi
had proposed Dr. Hussain's name, she could seize upon it as an opposition proposal and present it
as an expression of consensus. Radhakrishnan, disgusted with the wrangling within the Congress,
expressed his intention to retire and this facilitated Dr. Hussain's choice. In the meantime the
opposition parties announced that they would jointly sponsor K. Subba Rao and appealed to the
Congress to accept him as the expression of a national consenus. When Niren Ghosh, a
Communist member of parliament, proposed that Dr. Hussain and Subba Rao should be accepted
as the agreed candidates for the Presidency and Vice-Presidentship, Mrs. Gandhi sought to strike
a bargain. But the Congress Parliamentary Board did not approve of it. Dr. Zakir Hussain secured
56.4 per cent of votes while K. Subba Rao got 43.6 per cent of votes and Dr. Hussain was
declared elected on May 9, 1967.
Fourth President: Selection ofV.V. Giri
In 1969, Dr. Zakir Hussain died of a heart attack and in view of the
President promoting the Vice-President to the Presidency, V.V. Giri was the natural choice. But
in the Bangalore meeting of the Central Parliamentary Board the syndicate pressed for Reddy's
nomination. Mrs. Gandhi proposed Jagjivan Ram, in a bid to secure party agreement, Kamraj,
Patil and two senior ministers, Morarji Desai and Chavan voted for Reddy. The President of the
Congress, Nijalingappa, though a supportor of Reddy, did not actually vote. As Jagjivan Ram was
proposed, he too did not vote, and Mrs. Gandhi was left with Fakhruddin Ali Ahmad in a
minority.
Mrs. Gandhi reacted to the Bangalore decision with calculated restraint. While she reconciled
herself to Reddy's nomination, she expressed her dislike for the manner in which the voting was
pressed for in the Board's meeting. Within hours of the official announcement of Reddy's
candidature, the acting President, Giri, declared that he would contest for the office. The bulk of
the opposition adopted him as their candidate and Karunanidhi, the DMK Chief Minister of Tamil
Nadu, made a abortive effort to bring about the opposition consensus on his nomination. CD.
Deshmukh accepted to be sponsored as the third candidate by some of the oposition groups. Mrs.
Gandhi supported the idea that the party men should be free to vote according to their conscience.
In fact, Mrs. Gandhi supported V.V. Giri, in opposition to the official party candidate Sanjiva
Reddy. V.V. Giri was elected, defeating the official Congress Party nominee.
Selection of President: Fakhruddin Ali to R. Venkataraman
Even though V.V. Giri always acted on the advice of the Prime Minister, he never looked upon
himself as the protege of Indira Gandhi. After the 1969 Presidential election Mrs. Gandhi became
very careful in the selection of candidates to the Presidency and sought to elevate only those
persons to the office who would not defy her and would not show even nominal independence.
When V.V. Giri's term expired in 1974, Fakhruddin Ali Ahmad, a member of the cabinet and a
staunch supporter of Indira Gandhi was selected. It was Fakhruddin who signed the 1975
declaration of emergency proposed by Indira Gandhi that resulted in the suspension of democracy
and virtually established

I OFFICE OF THE PRESIDENT.... POLITICS OF SELECTION

381
an authoritarian system in India. Indira Gandhi's manipulation of the Presidency made it evident
that the occupant of this high office could play a key role in the operation of the country's
institutional structure, as in the selection of the Prime Minister and the declaration of an
emergency. This implication was further reinforced by the actions of N. Sanjiva Reddy, who in
1977 succeeded Ahmad when the latter died and the Janata Party captured power by defeating the
Congress Party at the polls. Even though Reddy was a member of the Janata Party, he was elected
as a consensus candidate. During his term (1977-1982), he played a controversial role in the
selection of the Prime Minister, especially when the Janata Party lost its majority and no party
had an absolute majority in parliament. Generally, outspoken on public issues, he was not hesitant
in giving polite criticism of a Prime Minister when he felt it was needed.
In 1982, when Reddy's term expired, Indira Gandhi, who had won the Parliamentary elections in
1980, successfully installed Giani Zail Singh, a Sikh, as the Seventh President of India, instead of
asking Reddy to seek a second term. As Zail Singh had neither the educational background nor
the intellectual stature of his predecessors, his elevation to the Presidency was not acclaimed by
the country's upper class establishment. He was looked upon as an unabashed Indira who could
faithfully carry out her bidding to prove his loyalty. Singh remained loyal to Indira and helped in
the smooth succession of Rajiv Gandhi to the position of Prime Minister after his mother's
assassination.
In July, 1987, R. Venkataraman was elected as President. He was the choice of the Congress
Party. Krishnan Aiyer was the nominee of the Communists and the BJP boycotted the election. R.
Venkataraman was selected as nominee of the Congress because of the differences between Rajiv
Gandhi and Zail Singh. Rajiv Gandhi presumed that Venkataraman will act as constitutional
President.
Dr. Shankar Dayal Sharma : The Ninth President
Dr. Shankar Dayal Sharma, the Congress nominee, was elected the Ninth President of India on
July 16, 1992. He defeated the BJP-NF nominee, Prof. G. G. Swell, polling 64.78 per cent of the
total valid votes against the latter's tally of 33.21 per cent of the votes. Dr. Sharma's lead over his
nearest rival Prof. Swell was 329,379 value votes out of the 10.43 lakhs total votes polled.
Mr. K. R. Narayanan : The Tenth President {July 1997)
Mr. K. R. Narayanan was elected the first Dalit President in 50 years of independent India
defeating former Chief Election Commissioner. T. N. Sheshan in a highly one-sided election. Mr.
Narayanan polled the highest ever votes in all the Presidential elections so far by securing 91.4
per cent of the votes polled with a vote value of 9,56,290 as a result of support from virtually the
entire political spectrum. He got support of 4,231 in an electoral college with the effective
strength of 4,833 in Parliament and 27 Assemblies under a system of proportional representation.
Mr. Sheshan, who was the nominee of Shiv Sena, suffered the humiliation of losing his deposit,
polling 4.8 per cent votes with a vote value of 50,631. He got 240 votes, mostly of those members
belonging to the Shiv Sena.
The elevation of Mr. Narayanan to the highest office in the country was expected as he was
backed by the major political parties—the Congress, the BJP, all the constituents of the United
Front, the Bahujan Samaj Party and theA scholar, a teacher and an outstanding diplomat, a
talented minister and above all, a humble human being, Mr. Narayanan will be much
more than a titular head of the Indian State. Mr. Narayanan's Presidency comes at a time
when Indian democracy is poised to undergo phenomenal changes in quality. The country
seems fated to suffer short-lived governments headed by political upstarts without any
mandate to rule. The days of monolithic one-party governments at the Centre have come
to a close and the era of coalitions is yet to begin. Farcical combinations of parties,
supported from outside and subverted from within, are passing off as governments of the
day. The President will be under constant pressure to do the right thing under
circumstances where nothing is obviously right. More than strict constitutionality, the
emerging situations will constantly demand sagacity and statesmanship. With the
legitimacy of governments getting blurred, constitutional experts will be looking for areas
of independent action by the President to come to the aid of the country. Mr. T. N.
Seshan was perhaps right when he said that the need of the hour was nor for "a rubber
stamp President." On the other hand, the country cannot afford a high decibel hyper-
active President. The President's office is neither wholly ornamental nor activist. It has to
be a confluence of wisdom and consensus and Mr. Narayanan can assure these to the
nation in plentiful measure. A.P.J. Abdul Kalam : The Eleventh President (July, 2002)
The 71-year-old scientist, A.P.J. Abdul Kalam was installed as the eleventh President on
July 25, 2002. He was declared elected on July 17 for which the votes were cast on July
15, 2002.
Dr. Kalam, who was supported by the ruling National Democratic Alliance, the Congress,
the Telugu Desam Party and the Samajwadi Party, polled 4,152 votes whose value in
terms of electoral college works out to 9,22,884, just a little less than 90 per cent of the
valid votes. His only rival, Lakshmi Sahgal, who was supported by the two communist
parties and the Janata Dal (Secular) notched up 459 votes with a vote value of 1,07,366, a
little more than 10 per cent of votes. The Members of Parliament (776) and the Members
of Assembly in all the States (4,120) constitute the Presidential electoral college.
The vote tally in the unequal contest was along expected lines. Dr. Kalam won
comfortably and decisively in almost all the States, whereas only West Bengal and
Tripura provided a margin of comfort to Capt. Sahgal.
After winning the election, Dr. Kalam himself suggested that "we need a vision, a second
vision for the nation to get India transformed into a developed country in 20 years". He
also took the opportunity to once again address his critics, who had doubted his
suitability for the republic's top job on account of his unfamiliarity with politics. "I am
working from 1982 onwards directly with the Government whether it be related with
research, launch vehicles or nuclear programmes. Unless political decisions are taken,
satellites will not be in orbit. Political decisions are vital for the success of any
programme. I have worked with six Prime Ministers, I know how to handle politics."
However, Kalam's selection as the President-elect was a bolt from the blue. The
Presidential sweepstakes seemed a contest among PC. Alexander, the original NDA
candidate, a second term for incumbent K.R. Narayanan, the Congress favourite or the
elevation of Vice-President Krishna Kant. Kalam's name was not on the radar screen.
Vajpayee and his colleagues were desperately searching for a nominee who would suit
the NDA and enjoy political acceptance. The game began whenOFFICE OF THE PRESIDENT ....
POLITICS OF SELECTION
383
Vajpayee ruled out a second term for Narayanan. For the past four years, Narayanan had not
exactly endeared himself to the NDA. Narayanan has been periodically raising uncomfortable
questions over selection of judges, use of Article 356 and appointment of various constitutional
authorities.
A group of ministers which comprised, besides Vajpayee, Advani, George Fernandes, Jaswant
Singh, Pramod Mahajan and M. Venkaiah Naidu met on June 5 and examined the names of K. C.
Pant, L. M. Singhvi, Kalam and Viren Shah. The favourite was Maharashtra Governor P.C.
Alexander, the choice of Mahajan, Shiv Sena Chief Bal Thackeray and Nationalist Congress
Party leader Sharad Pawar. Events gathered momentum on June 6 and Andhra Pradesh Chief
Minister N. Chandrababu Naidu made his preference for Krishna Kant quite obvious and
indicated that if the NDA persisted with Alexander, the Vice-President should be considered for a
second term. Due to this Vajpayee and Advani began to actively consider Kant and Fernandes
was asked to sound out allies. Fernandes talked to all the NDA allies and not a single constituent,
from Mamta Banerjee to Naveen Patnaik, favoured Kant. Thackeray even threatened to withdraw
support to the Government. At a noon meeting on June 7, the NDA decided on Alexander and
agreed to convey that to Naidu. Vajpayee and Advani spoke separately to Alexander and
congratulated him.
When Vajpayee sought Naidu's presence in Delhi for formal announcement of the candidate, the
TDP boss backtracked, questioning the manner in which Alexander was chosen. Given the NDA's
keenness not to rub Naidu up the wrong way and Vajpayee's desire to avoid a contest, Kant's
prospects brightened as the race entered its last lap. However, Fernandes had reported to the NDA
core group about the strong reservations with the NDA over Kant. He was seen to be a 'Third
Front' man, then Naidu's nominee, a Congress choice and only last the NDA candidate.
Congress sources feel that at one stage to PMO was keen to work out a deal with the Congress.
This meant that while the NDA would support Kant, and thereby keep Alexander out, Natwar
Singh could then be considered for Vice-President.
On June 9, when Fernandes, Mahajan and Venkaiah Naidu arrived at Advani's residence they
were aware that time was running out. It was at this meeting that Kalam's name found favour. The
four then left for Vajpayee's residence where the Prime Minister agreed that Kalam was the best
choice.
The Kalam's candidature resulted in unanticipated collateral damage. It wreaked havoc with the
People's Front and stirred up the Congress.
The Left Front's bland declaration, that Dr. Kalam is the Bharatiya Janata Party's (BJP) candidate
and, therefore, must be opposed, economises on the truth. That the BJP is the core of the NDA,
the sponsor of Dr. Kalam's candidature, is incontestable. But the BJP did not pick on him. It was
hell-bent on nominating the Maharashtra Governor, P.C. Alexander. So much so that the BJP
hardeners forced the Prime Minister to withdraw his earlier proposal, conveyed to the Congress
(I), that the Vice-President, Krishna Kant, should be the consensus candidate. Mr. Naidu, the
redoubtable Chief Minister of Andhra Pradesh was primarily responsible for making the BJP
'dump' Dr. Alexander and plump for Dr. Kalam.
Much of the confusion, bickering, contention and bad blood during the manoeuvring that
preceded Dr. Kalam's emergence as an unstoppable
"■*" *u"+ ;" «np imnortant respect the current384
INDIAN GOVERNMENT AND POLITICS
Presidential poll differs from all the 11 such elections held in the past. This is the first
time the country is electing its President when the ruling combination and the forces
opposed to it are roughly balanced, with the NDA having a slight edge in the Electoral
College. This had initially misled the BJP hardeners into believing that their candidate,
whoever he or she might be, would necessarily win. Only after a defiant Mr. Naidu
refused to countenance the BJP's preference for Dr. Alexander was the illusion shattered.
All the previous Presidential polls took place in the era of single-party dominance, with
the Congress (I) ruling the roost on 10 occasions and the short-lived Janata doing so only
in 1977 when N. Sanjiva Reddy was elected totally uncontested. This was the only time
when none of the frivolous candidates, who had made it their business to contest every
Presidential poll only to lose their deposits, chose to jump into the fray.
Conclusions
Thus, Rajendra Prasad was selected as President because of the support of Sardar Patel
and Maulana Azad. S. Radhakrishnan was selected because Nehru wanted to give a
chance to a South Indian personality. Dr. Zakir Hussain, V.V. Giri, Fakhruddin Ali
Ahmad and Zail Singh were the favourites of Indira Gandhi. They were the 'P.M.'s
President'. Sanjiva Reddy was a consensus candidate and R. Venkataraman was a better
choice for Rajiv Gandhi in the crucial circumstances and issues raised by Zail Singh. Dr.
S.D. Sharma's stewardship of the Rajya Sabha as its chairman through turbulent times
that burnished his image in a manner that few could deny his merit to wear the mantle of
the head of the state.
REFERENCES
1. Z.M. Quraishi, Struggle for Rashtrapati Bhawan (New Delhi, 1973), p. 25.
2. Ibid., p. 26.
3. J. R. Siwach, The Indian Presidency (New Delhi, 1971), pp. 2 ff.
4. Durga Das, From Curzon to Nehru and After (New Delhi, 1974), pp. 300-305.
5. Durga Das (ed.) Sardar Patel's Correspondence (Ahmedabad, 1973), Ch. VI. Chapter 31
POWERS AND POSITION OF THE
PRESIDENT
The Union executive consists of the President and the Council of Ministers headed by the Prime
Minister. It is of the Parliamentary type in so far as the council of ministers is responsible to the
Lok Sabha. The President is the head of the state and the formal executive. All executive action at
the centre is expressed to be taken in his name. The Constitution formally vests many functions in
the President but he has no function to discharge in his discretion or in his individual judgment.
He acts on ministerial advice and, therefore, the PM and the Council of Ministers constitute the
real and effective executive. The structure of the Union executive closely resembles the British
model. According to Dr. Ambedkar, "Under the Constitution the President occupies the same
position as the king under the English Constitution. He is the head of the state but not of the
executive. He represents the nation but does not rule the nation. He is the symbol of the nation.
His place in the administration is that of a ceremonial device on a seal by which the nation's
decisions are made known."1
POWERS OF THE PRESIDENT
The Constitution of India, for many of its provisions, is indebted to the Government of India Act,
1935, the powers of the Union Executive, generally speaking not exception. "The powers of the
President have been divided into three categories — executive, legislative and emergency, and in
all these spheres there is a close similarity with the Government of India Act, 1935."
Under Article 53 of the Constitution the executive power of the Union is vested in the President
who is empowered to exercise it either directly or through officers subordinate to him. The list of
powers which the Constitution confers upon the President is long and impressive. These may be
broadly classified under the following categories:
1. Executive Powers
2. Legislative Powers
3. Financial Powers
4. Judicial Powers
5. The Military Power
6. The Diplomatic Power
7. Emergency Powers
1. Executive Powers
The Constitution vests the executive power of the Union into the President. The 'executive power'
primarily means the execution of the laws enacted by the legislature and 'the power of carrying on
the business of government' or 'the
The President is the formal head of the administration and, as such, all executive
ctc+p' 2

action of the Union must be expressed to be taken in the name of the President. Again,
though he may not be the 'real' head of the administration, all officers of the Union shall
be his 'subordinates' [Article 53(i)] and he shall have a right to be informed of the affairs
of the Union [Article 78(b)].
The administrative power also includes the power to appoint and remove the high
dignitaries of the State. Under our Constitution, the President shall have the power to
appoint the Prime Minister of India, other Ministers of the Union, the Attorney-General
for India, the Comptroller and Auditor-General of India, the Judges of the Supreme
Court, the Judges of the High Courts of the States, the Governor of a State, the Finance
Commission, the Chief Election Commissioner and other members of the Election
Commission, etc. In making some of the appointments, the President is required by the
Constitution to consult persons other than his ministers as well. The President shall also
have the power to remove (i) his Ministers, individually; (ii) the Attorney-General for
India; (iii) the Governor of a State; (iv) the Chairman or a member of the Public Service
Commission, on the report of the Supreme Court; (v) a Judge of the Supreme Court or of
a High Court or the Election Commissioner, on an address of Parliament.
2. Legislative Powers
In the legislative field too the President has important powers. He is the integral part of
the legislative process. His important legislative powers are the following :
(a) The President shall have the power to summon or prorogue the House of Parliament
and to dissolve the Lower House. He shall also have the power to summon a joint sitting
of both houses of Parliament in case of a deadlock between them.
The President shall address both Houses of Parliament assembled together, at the first
session after each general election to the House of the People and at the commencement
of the first session of each year, and "inform Parliament of the causes of its summons."
Besides the right to address a joint sitting of both the Houses at the commencement of the
first session, the President shall also have the right to address either House or their joint
sitting, at any time and to require the attendance of members for this purpose.
(d) The President has been given the power to nominate certain members of both the
Houses upon the supposition that adequate representation of certain interests will not be
possible through the elections. Thus, in the Council of States, 12 members are to be
nominated by the President. He is also empowered to nominate not more than two
members to the House of the People from the Anglo-Indian Community.
(e) A Bill will not be an Act of the Indian Parliament unless and until it receives the
assent of the President. When a Bill is presented to the President, after its passage in both
the Houses of Parliament, the President shall be entitled to take any of the following three
steps: (i) He may declare his assent to the Bill; or (ii) He may declare that he withholds
his assent to the Bill; (iii) He may, in the case of Bills other than Money Bills, return the
Bill for reconsideration of the Houses, with or without a message suggesting
amendments. A money bill cannot be returned for reconsideration. In case of (iv), if the
Bill is passed again by both Houses of Parliament with or without amend-
(b)
(0POWERS AND POSITION OF THE PRESIDENT
387
ment and again presented to the President, it would be obligatory upon him to declare his assent
to it.
(f) Perhaps, the most important legislative power of the President is his power to promulgate
ordinances under the Article 123. According to this, the President is empowered to promulgate
Ordinances, except when both the Houses of Parliament are in Session, if he is satisfied that
circumstances exist compelling him to take immediate action. In August, 2002 the Union cabinet
approved the promulgation of an Ordinance on electoral reforms seeking to curb criminalisation
of politics. However, the President APJ Abdul Kalam returned the poll reform ordinance with
some queries (on August 23, 2002). The Cabinet returned the proposed Ordinance on electoral
reforms to the President refusing to make any changes in it and only thereafter the President
agreed for promulgation of the Ordinance. A Presidential Ordinance has the same force and effect
as an Act of Parliament. However, every such ordinance should be laid before both Houses of
parliament within six weeks from the reassembly of Parliament. Failure to comply with this
condition, or parliamentary disapproval within the six weeks' period, will make the ordinance
invalid. The President may also withdraw the ordinance at any time he likes.
TABLE
ORDINANCES PROMULGATED BY THE PRESIDENT FROM 1952 TO 2003
(Upto 31st March)
Year No. of Ordinances Venr No. of Ordinances
Promulgated zetir Promulgated
1952 9 1953 7
1954 9 1955 7
1956 9 1957 6
1958 7 1959 3
1960 1 1961 3
1962 8 1963 —
1964 3 1965 7
1966 13 1967 9
1968 13 1969 10
1970 5 1971 23
1972 9 1973 4
1974 15 1975 29
1976 16 1977 16
1978 6 1979 10
1980 10 1981 12
1982 1 1983 11
1984 15 1985 8
1986 8 1987 10
1988 7 1989 2
1990 10 1991 9
1992 21 1993 34
1994 14 1995 15
1996 32 1997 31
1998 20 1999 10
2000 05 2001 12
2002 07 2003 8
[Source : Annual Report, 2003-04, Government of India, Ministry of Parliamentary Affairs
(New Delhi), p. 8 & 9.]
During the period from 1.1.1997 to 31.3.1998, 35 ordinances were promulgated by the President.
Out of these 35, ten ordinances have been repromul-388
INDIAN GOVERNMENT AND POLITICS
these could not be replaced by Acts to Parliament within the stipulated period in terms of Article
123(2) (a) of the Constitution.
3. Financial Powers
The President enjoys several financial powers. Before the beginning of a financial year, he causes
to be laid before Parliament the annual budget and the supplementary budget, if any. No Money
Bill can be introduced in Parliament without his prior recommendation. He distributes the share
of all income-tax receipts between the Centre and States and allocates to the States of Assam,
West Bengal, Bihar and Orissa grants-in-aid in lieu of their shares in export duty on jute.
4. Judicial Powers
The President enjoys the power to grant pardon, reprieve, or remission of punishment to any
convict, particularly in all cases involving punishment with death. He appoints judges of the High
Courts and the Supreme Court and thus enjoys a great judicial patronage. He makes their
appointments with the consultation of such judges of Supreme Court and High Courts as he may
deem fit to consult. The President can refer any matter of constitutional law to the Supreme Court
for advice. The advice of the Supreme Court, however, is not binding upon him.
5. The Military Power
The Supreme Command of the Defence Forces, of course, is vested in the President of India, but
the Constitution expressly lays down that the exercise of this power shall be regulated by law.
This means that though the President may have the power to take action as to declaration of war
or peace or the employment of the Defence Forces, it is competent for Parliament to regulate or
control the exercise of such powers.
6. The Diplomatic Power
Like the head of other states, the President of India represents India in international affairs and
has the power to appoint Indian representatives to other countries and receives diplomatic
representatives of other states.
7. Emergency Powers
The President has been given wide' powers to meet emergencies. The Constitution provides for
three different categories of emergency and in each the President is empowered to declare
emergency.
1. NATIONAL EMERGENCY : A 'Proclamation of Emergency' may be made by the President at
any time he is satisfied that the security of India or any part thereof has been threatened by war,
external aggression or armed rebellion (Article 352). It may be made even before the actual
occurrence of any such disturbance, i.e., when external aggression is apprehended. Before 1978,
emergency could be declared because of war, external aggression or internal disturbance. The
expression 'internal disturbance' was too vague and broad. The 44th Amendment substituted the
words 'armed rebellion' for internal disturbance. This change has somewhat restricted the scope of
what may be called as internal emergency.
The 44th Amendment introduced a clause under Article 352(b) to the effect that the President
shall not issue a proclamation of emergency or a proclamation varying the same, unless the
decision of the Union Cabinet (That is to say, the council consisting of the PM and other
Ministers of Cabinet rank appointed under Article 75) that such a proclamation may be issued has
been communicated to him in writing. This means that the decision to issue such a proclama-
POWERS AND POSITION OF THE PRESIDENT
389
tion has to be arrived at collectively by the Cabinet and not by the PM alone without consulting
the cabinet as happened in 1975.
Every proclamation issued under Article 352 is to be laid before each House of Parliament. It
ceases to operate at the expiration of one month unless in the meantime it has been approved by
resolutions of both Houses of Parliament. Thus, a proclamation will automatically cease after one
month if not approved by parliament in the meantime. Formerly, the period allowed for
parliamentary approval of the proclamation was two months. The 44th Amendment reduced it to
one month. If, however, at the time of the issue of the proclamation or thereafter, Lok Sabha is
dissolved without approving the proclamation, and Rajya Sabha approves it, then the
proclamation ceases to operate 30 days after the Lok Sabha sits again after fresh elections, unless
in the meantime the new Lok Sabha passes a resolution approving the proclamation.
Another significant safeguard introduced by the 44th Amendment is to lay down that a resolution
approving the proclamation of emergency has to be passed by each House by a majority of the
total membership of each House and not less than two-thirds of the majority of the members
present and voting in each House. Before the 44th Amendment, passage of such a resolution by a
simple majority in each House was sufficient.3
Once approved by Parliament, the proclamation remains in force, unless revoked earlier, only for
six months from the date of the passing of the later of the resolutions. For continuance of the
emergency beyond that period, parliamentary approval is needed again. Thus, each time
Parliament approves the proclamation, its life is extended for six months. Previously, once
approved by the House, the proclamation could remain in force as long as the executive desired.
Another safeguard introduced by the 44th Amendment is that the President is obligated to revoke
a proclamation of emergency issued under Article 352(i) if the Lok Sabha passes a resolution
disapproving the same. This resolution is to be passed by a simple majority of the members of the
House present and voting. Formerly, the power to revoke the proclamation vested in the
executive and the House had no say in the matter. Now, the executive has to withdraw the
emergency if the Lok Sabha so desires. The 44th Amendment introduced another innovation:
Where a notice in writing, singed by not less than l/10th of the total members of the Lok Sabha
has been given, of their intention to move a resolution disapproving the proclamation of
emergency, to the Speaker if the House is in Session or to the President, if the House is not in
Session, a special sitting of the House is to be held within 14 days from the date on which such
notice is received by the Speaker or the President, as the case may be, for the purpose of
considering such resolution. Thus, it does not lie within the power of the government to convene
or not a Session of the House to consider the resolution in question.
It may be that an armed rebellion or external aggression has affected only a part of the territory of
India which is needed to be brought under general control. Hence, it has been provided, by the
44th Amendment, that a proclamation under Article 352 may be made in respect of the whole of
India or only a part-thereof.
Effects of the Proclamation
The effects of the Proclamation of emergency will be: 1. The executive power of the union will
extend to the giving of any directions to any State Executive in the emergency area.390
INDIAN GOVERNMENT AND POLITICS
3. Parliament may, by law, extend the normal life of the Lok Sabha for a period not exceeding
one year at a time and not extending in any case beyond a period of six months after the
proclamation has ceased to operate.
4. The federal provisions of the Constitution cease to function in the area affected by the
proclamation.
5. The President is empowered to restrict or prohibit by order the distribution of revenues that
are normally to be assigned entirely to the States under the financial provisions of the
Constitution.
6. The Proclamation of emergency also affects the operation of the Fundamental Rights. While
the Proclamation of emergency is in operation State can restrict the fundamental freedoms
guaranteed by Article 19 of the Constitution. The right to move the courts for the implementation
of such of the fundamental rights conferred by Part III, except Articles 20 and 21 can be
suspended by the President for the duration of emergency.
Before the 44th Amendment, in the event of such an emergency all the Fundamental Rights
guaranteed by the Constitution could be suspended by the President under Article 359. Even the
right to Habeas Corpus or to life and liberty remained suspended during the emergency, if the
President so decreed. The 44th Amendment expressly excludes Articles 20 and 21 from the
power conferred on the President by Article 359. This means that the executive has now no power
under Article 359 to suspend the citizen's right to life and personal liberty.
Use of the Emergency Powers
The first Proclamation of emergency under Article 352 was made by the President on October 26,
1962, in view of the Chinese aggression in the NEFA. This Proclamation of emergency was
revoked by an order made by the President on January 10, 1968. The second Proclamation of
emergency under Article 352 was made by the President on December 3, 1971 when Pakistan
launched an undeclared war against India. The third Proclamation of emergency under Article
352 was made on June 25, 1975, on the ground of'internal disturbance'. Both the second and third
proclamations were revoked in March 1977. Thus, from June 25, 1975 to March 1977, two
emergency proclamations were in force simultaneously. The proclamation of 1975 proved to be
the most controversial. The public reaction to the proclamation was so intense that the Congress
party lost its majority in 1977 elections and the Janata government came into power.
2. FAILURE OF CONSTITUTIONAL MACHINERY IN A STATE : It is a duty of the Union to
ensure that the government of every State is carried on in accordance with the provisions of the
Constitution (Article 355). So, the President is empowered to make a proclamation, when he is
satisfied that the Government of a State cannot be carried on in accordance with the provisions of
the Constitution, either on the report of the Governor of the State or otherwise [Article 356(i)J.
As a result, (i) President may assume to himself all or any of the functions of the State or he may
vest all or any of those functions in the Governor or any other executive authority; (ii) President
may declare that the powers of the State Legislature shall be exercisable by Parliament; and (iii)
he may make any other incidental or consequential provisions necessary to give affect to the
objects of the proclamation.
Every proclamation is to be laid before each house of Parliament and it ceases to operate after
two months unless in the meantime it has been approvedPOWERS AND POSITION OF THE PRESIDENT
391
by resolutions of both Houses of Parliament. The normal operative period for the proclamation is
six months from the last of the days on which the Houses pass resolutions approving the same.
The maximum duration is three years but if the duration is sought to be extended beyond one
year, two other conditions, as inserted by the 44th Amendment Act, 1978, have to be satisfied,
namely, that (a) a proclamation of emergency is in operation, in the whole of India or, as the case
may be, in the whole or any part of the State, at the time of the passing of such resolution, and (b)
the Election Commission certifies that the continuance in force of the proclamation approved
under clause 3 during the period specified in such resolution is necessary on account of
difficulties in holding general elections to the Legislative Assembly of the State concerned.
Frequent and improper use of Article 356 : It is an extra-ordinary power of the Union to meet a
political breakdown in any of the units of the federation. Article 356 was brought into operation
as early as 1951. In the initial years, there were not many instances of its use. But with passing of
years, these provisions have been invoked with increasing frequency. It has been alleged that
President's rule was used to dislodge state governments run by parties or coalitions other than the
party in power at the Union.
3. FINANCIAL EMERGENCY : Article 360 makes provisions concerning financial emergency.
If the President is satisfied that a situation has arisen whereby the financial stability or credit of
India, or any part thereof, is threatened, he may by a proclamation make a declaration to that
effect, when such a proclamation is in operation the centre can give directions to any state to
observe such canons of financial propriety as may be specified in the directions. It may give such
other directions as the president may deem necessary and adequate for the purpose. Any such
directions may provide for the reduction of salaries and allowances of all or any class of persons
serving in the State. It may require that all money bills or financial bills or those which involve
expenditure from the State consolidated fund shall be reserved for the President's consideration
after being passed by the State legislature. The President may also issue directions for reducing
the salaries and allowances of persons serving the Union including the Supreme Court and the
High Court judges. Thus, the proclamation of financial emergency increases the supervision of
the Centre on the States in financial matters. There has not been any occasion so far for invoking
Article 360.
Criticism of The Emergency Powers
K.T. Shah observed in the Constituent Assembly that "I notice for distinct currents of thought
underlying these provisions — (i) To arm the Centre with special powers against the Units, and
(ii) to arm the Government against the people. Looking at all the provisions, it seems to me, the
name only of liberty or democracy will remain under the Constitution." H.V. Kamath said, "that
by this single chapter we are seeking to lay the foundation of a totalitarian state, a police state... .a
state where if there be peace, it will be the peace of the grave and the void of the desert." The
major criticism against the emergency provisions are :
1. The Federal Character of the Constitution will be destroyed : A proclamation of emergency
under Article 352 can authorise a virtual abrogation of the federal division of powers by
extending the Centre's control to all matters, including those normally under the exclusive
jurisdiction of the State.
2. Incompatible with the Spirit of democracy : These provisions are
tiWo \xritVi tVio anirit <vf rfpmnrrapv TVIPSP nnwprs are likp a
inr>nmTm392
INDIAN GOVERNMENT AND POLITICS
Constitution. Similar powers were granted by the Weimer Constitution of Germany to the
President of the German Reich and it was by the use of those powers that Hitler was
enabled to destroy the liberty of the German people and establish his dictatorship.
3. Fundamental Rights will become meaningless : The powers of suspending fundamental
rights is perhaps the most undemocratic feature of these provisions. To make matters
worse, the President can suspend the right to move the courts for the enforcement of the
fundamental rights.
4. The Autonomy of the States will be eroded : All the three types of emergencies
envisaged respectively can cause inroads on the autonomy of the States.
It should, however, be conceded that the emergency powers of the President are not in
tune with the spirit of federalism and the autonomy of the States. Even Dr. Ambedkar
accepted that these powers might be misused for political purposes. The suspension of
fundamental rights of the citizens is certainly not a wholesome provision. But to say that
these powers are liable to make the President a 'possible dictator' of India, is to carry the
matter too far. It is true that these powers have made the union executive a dominant
partner in the federation, but that has been the trend of federalism in general. The
working of the Constitution has made it clear that this part of the Constitution does work
as what A.K. Ayyar said in the Constituent Assembly 'the safety valve' and thereby helps
in the maintenance of the Constitution.
The justification of these emergency provisions lies in the past history of India.
Whenever there was a weak Centre, it led to ruin and disaster. After independence, the
country was facing separatist tendencies. The fissiparous forces were strong. The
problem before the framers of the Constitution was not only to give a democratic
Constitution but also provide a safeguard against anti-national and anti-democratic
forces. These emergency powers of the President were expected to be sparingly only in
case of real emergencies.
There is, however, a danger against misuse of these powers by the party in power for its
political ends. This can be avoided only if the public opinion and democratic forces are
very strong in the country. In fact, no democracy can work successfully unless the people
are alert and vigilant against non-democratic and anti-democratic forces.
POSITION OF THE PRESIDENT
The President, on the whole, has functioned as a constitutional head in the Indian Union.
In November 1960, President Rajendra Prasad raised a nationwide controversy on the
question of the powers and position of the President in the Indian Constitution, when he
called upon the Indian Law Institute to examine scientifically how far those powers were
identical with those of the British Monarch. K. Subba Rao, a candidate for Presidential
election in 1967 began to speak of an 'Independent President'. Even V.V. Giri, another
Presidential candidate in 1969 declared that he would never be 'a rubber stamp' even of
God.
In the beginning constitutional experts were divided into three more or less well defined
schools of thought as regards to the position and powers of the President of India.6 On the
one hand, there were those like Granville Austin, C.H. Alexandrowicz and M.C. Setalvad
who took a broad view of constitutional provisions. They held that the founding fathers
deliberately opted for the Parliamentary form of government and President was a mere
constitutional head similar to the English Crown. As against this, there was a small, but
apparently growing, school of thought which tended to take an ultraliteral viewPOWERS
AND POSITION OF THE PRESIDENT
393
of certain constitutional provisions and draw the conclusion that the President under our
Constitution is not a figure head. Alan Gledhill declared that "without violating the Constitution,
the President can establish an authoritarian government and K.M. Munshi maintained that some
of the President's powers were 'super ministerial'. A similar position was taken by Justice P.B.
Mukherjee in his Setalvad Memorial Lectures in 1966. He declared that the President was "an
independent institution with independent authority and independent functions." A third school of
thought took a middle position. Thus, K. Santhanam and A. Appadorai argued that while the
President was a constitutional head of the state and acted ordinarily on the advice of the
Ministers, he had unspecified 'reserve' powers, as guardian of the Constitution, to be used by him
in his discretion.7
Views of the Founding Fathers : One may usually refer to the Constituent Assembly debates and
find that the intention of the Assembly was to put the President in the position of the British
Monarch. Ambedkar said, "The title of this functionary reminds one the President of the United
States. But beyond identity of names there is nothing in common between the form of
Government prevalent in America and the form of Government proposed under the Draft
Constitution. Under the Presidential system of America, the President is the chief head of the
executive. Under the Draft Constitution the President occupies the same position as the King
under the English Constitution." Participating in the discussion Dr. Rajendra Prasad said,
"Although there are no specific provisions in the Constitution itself making it binding on the
President to accept the advice of his Ministers, it is hoped that the convention under which in
England the king acts always on the advice of his Ministers will be established....and the
President will become a constitutional President in all matters."
When Ambedkar was asked whether the President is always bound by the advice of the Council
of Ministers? He answered it in positive : "The President of the Indian Union will be generally
bound by the advice of his ministers. He can do nothing contrary to their advice, nor can he do
anything without their advice." According to the founding fathers of the Constitution, the
President has thus been made a formal or constitutional head of the executive and the real
executive powers are vested in the Ministers or the Cabinet.
Views of the Supreme Court : The Supreme Court had, in a number of decisions, expressly
accepted above mentioned position of the President. The Court had held in Ram Jawaya vs.
Punjab, that our Constitution had adopted the English System of a Parliamentary executive, that
the President was a constitutional head of the executive and that the real power lay in the
Ministers or the Cabinet. In R.C. Cooper vs. India, the Supreme Court said, "Under the
Constitution, the President being the constitutional head, normally acts in all matters including
the promulgation of an ordinance on the advice of his Council of Ministers. In Samsher Singh us.
Punjab, the Supreme Court stated that President was only a formal head.
The A2nd Amendement : The Government of Mrs. Indira Gandhi during the Emergency sought to
put the question beyond political controversy, by amending the Constitution itself. Article 74(i)
was thus substituted by the Constitution Forty-Second Amendment Act, 1976 — "There shall be
a Council of Ministers with the Prime Minister at the head to aid and advice the President394
INDIAN GOVERNMENT AND POLITICS
The 44th Amendment: The Janata Government made a change by the 44th Amendment
Act over the 1976 provision. Now the position is :
"There shall be a Council of Ministers with the PM at the head
to aid and advice the President who shall, in the exercise of his
functions, Act in accordance with such advice.
Provided that the President may require the Council of Ministers
to reconsider such advice, either generally or otherwise, and the
President shall act in accordance with the advice tendered after such
reconsideration."
The position today, therefore, is that the debate whether the President of India has any
power to act contrary to the advice given by the Council of Ministers has become
meaningless.
Constitutional Practice : The working of the Constitution since 1950 conclusively
established that the President was a figure head while the Council of Ministers wielded
the real executive power. There was not a single case when the President might have
Vetoed a Bill passed by the two Houses or refused to accept ministerial advice on any
point. Nehru, the first PM of India, made the position clear repeatedly by asserting that
the responsibility for any policy was entirely that of the Government which was
responsible to Parliament, which in turn was responsible to the people and that the
President was a constitutional head who did not oppose or come in the way of anything.
On November 1986, Rajiv Gandhi's government introduced in the Lok Sabha what came
to be known as the Postal Bill. With its passage by the Rajya Sabha on 10th December,
the Central and State governments were empowered to direct that in the interests of
public safety or tranquility, the security of India, or on the occurrence of any public
emergency, any postal article or class of postal articles shall be intercepted or detained or
shall be disposed of as authority may direct. The Bill went to the President Giani Zail
Singh on 19th December for his assent and he refused to sign the bill and then sat on it,
apparently without consulting anyone about his decision to do so. This was the first
'pocket veto', a thing not envisaged in the constitution. R. Venkataraman became
President on July 25,1987 with the Postal Bill still lying at Rashtrapati Bhavan. The new
President never understood his predecessor's mind on the issue, but himself disliked
much of the Bill. He returned it to Rajiv Gandhi on January 7, 1990 with the
recommendation that it go to the Law Ministry for reconsideration.
Barely three months into his Presidency, K. R. Naraynan has achieved a stature many of
his predecessors failed to acquire in an entire term. In refusing to blindly accept the
Union Cabinet's recommendation (October 1997) that Central rule be imposed in Uttar
Pradesh, the President did more than merely save a legitimate state government.
India Today Observes : "Never before in India's post Independence history has the Union
Cabinet been literally reprimanded by the President for taking
a blatantly illegal decision.....And never before has a Prime Minister been
bulldozed into cancelling a foreign trip and summoning his ministerial colleagues to four
cabinet meetings—lasting over 12 hours in less than two days—to arrive at a decision
which was eventually turned down by the very person who appointed the cabinet."9
In September 1998 the President K. R. Narayanan repeated history by returning a Union
Cabinet resolution seeking the imposition of President's rule in Bihar and the suspension
of the Assembly. After mulling over and discussing the subject for nearly 80 hours, the
president in a lengthy note asked the Government to reconsider its decision. He saw no
evidence of a Constitutional breakdown in Bihar.10POWERS AND POSITION OF THE PRESIDENT
395

t
India is lucky in having had the late Dr. Rajendra Prasad as her first President. In the 12 years
during which he occupied the Rashtrapati Bhawan, he displayed a sense of constitutional and
personal propriety which gave a good start to Parliamentary system and established a firm
tradition. He showed no inclination to exploit his immense popularity and prestige in order to set
himself up as an independent focus of power. It is not that he did not have differences with the
PM on important issues or that he did not press upon the Government what he considered to be
the right course of action. However, he functioned within the limitations of a constitutional
Presidency. His successor, Dr. S. Radhakrishnan, followed the tradition set by Dr. Prasad; Dr.
Zakir Hussain, V.V. Giri and Fakhruddin Ali Ahmad were the personal choice of the PM and
have been described as the 'PM's President'. Throughout the controversy between Rajiv Gandhi
and Zail Singh, President Zail Singh maintained a delicate balance between what he would have
liked to do and what he actually did. He withold his assent to the Postal Bill but did not send it
back to Parliament; he spoke of President's right to dismiss his Ministers but declared that he
would not do it.
The Nation salutes K.R. Narayanan on the completion of his tenure (25 July 1997-25 July, 2002)
as the President of the Republic during an eventful but a delicate phase of the polity. When he
assumed office in 1997, the United Front or the 'third force' was in power with the outside support
of the Congress. Within a year, a coalition headed by the BJP formed the Government. It was a
challenging situation for a President imbued with Nehruvian values to deal with the Hindutva
party (the BJP did shelve its cherished agenda to accommodate its allies but without a change in
its mindset). His dealings with the new Government were correct and, contrary to the prevailing
impression, relations with the Prime Minister, A. B. Vajpayee, were smooth. This was so even
though one or two of his major decisions were not liked by the BJP and, on his part, Mr.
Narayanan spoke out on happenings and trends, he considered harmful to the nation. All this
within the parameters of his role as a constitutional head.
In at least three areas — both in domestic and foreign policy matters — Mr. Narayanan's
contribution was significant. He raised his powerful voice against outbursts of communalism,
especially when sections of the ruling elite or state agencies appeared involved. He cautioned
against attempts to tinker with the institutions of parliamentary democracy. And he lent his
support to steps for an egalitarian order, for the cause of the under-privileged and the deprived
and for giving substance to the slogans of social justice. In external relations, his was a notable
role in putting India's relations with China back on the rails. Then there was the deft handling of a
highly ticklish situation — the political crisis in April 1999, leading to dissolution of the Lok
Sabha and fresh elections after a gap of just 18 months. He lent stability to the presidency when
other institutions of parliamentary democracy — and the values and norms essential for its
success — were subjected to severe pressure and when the executive and the political
establishment slumped in the face of challenges.
When, for instance, the places of worship of Christians were targeted over three years ago by
elements known to enjoy the patronage of the people in power, he made use of the new year
message to call upon the people to make 1999 "a year of peace, amity and happiness". Later, the
killing in Orissa of Graham Stances and his two young sons evoked severe indictment. On
Gujarat, pain and anguish seemed to ooze out of his statements. The Prime Minister's
tinnc fnrwnrHpri to it bv Mr.
— »„„ OddINDIANGOVERNMENT AND POLITICS
Narayanan, with covering letters urging effective steps to control the situation and to
bring about normality.
The President's office has grown in stature and importance — not without controversy. In
1952, Rajendra Prasad claimed independent powers over the Hindu Code Bill. The
Attorney-General, Setalvad, to whom the issue of the President's power was referred,
sided with Nehru in 1956 to opine that the President was generally bound by the advice
of his Prime Minister. This opinion became law when approved by Mr. Krishna Iyer in
his celebrated judgment in Shamsher's Case (1974). But, then came the Emergency
(1975-77), in which the President was accused of constitutional cowardice. In 1979,
Article 74 of the Constitution was amended to permit a once only refer back power to the
President. This was exercised by Mr. Narayanan in 1998 over the imposition of
President's Rule in Bihar. In 1985-86, Giani Zail Singh correctly raised the issue of his
Article 78 powers to know and have access to all files of all the aspects of governance.
Mr. Narayanan's Presidency has set the tone for his office to remind Prime Ministers that
the President is watching over them and their Cabinets as a matter of constitutional duty.
In these uneasy times of coalition, the President has the complex of task of choosing
Prime Ministers amidst a bedrock of defections.
The President's tasks are threefold. The first role is both ceremonial and ambassadorial.
He represents India in ways no one else can. The second is the post-1979 role of
constitutional advice, oversight, access to information and refer back power flowing from
Articles 74 and 78 which make him an advisory constitutional partner in India's national
governance. The third role is that of political discretion in choosing a Prime Minister and
ensuring a stable Government responsible to Parliament. Any and every President must
be equal to these tasks. These are not tasks for some compromise candidate hastily
chosen by political parties to outwit each other.
Around the time the Government's plan to set up a commission to review the Constitution
caused misgivings, with some seeing it as part of the Sangh Parivar's design to recast the
constitutional scheme, Mr. Narayanan cautioned against any adventurist approach.
"Today when there is so much talk," he said at the function in the Central Hall of
Parliament, "about revising the Constitution or even writing a new Constitution, we have
to consider whether it is the Constitution that has failed us or it is we who have failed the
Constitution." A former diplomat, Mr. Narayanan, also took conscious well-considered
steps to arrest the drift in India's relations with China. That he had no use for slavishness
was clear from his address at the banquet for Mr. Clinton in March 2000. Mr. Narayanan
commended, politely but clearly, the relevance of the non-aligned concept of a pluralistic
world order as against the politics of military blocs and alignments and the importance of
a multi-polar world. He approvingly quoted an African statesman's words that the world,
a global village now, does not necessarily have to be run by one headman. Mr. Narayanan
had expressed similar sentiments in his talks with Mr. Clinton who, as was understood
from American sources, did not take it amiss. But, surprisingly, eyebrows were raised in
our foreign office, with some top persons expressing unhappiness over the President's
'indiscretion'.
The 1999 political crisis was a major test for Mr. Narayanan. The first Vajpayee
Government was in trouble after the AIADMK parted company. The Prime Minister was
asked to establish his strength through a vote of confidence, ' which he lost. Mr.
Narayanan gave the Congress, the main Opposition Party, the chance to try for an
alternative. It failed. Some in the BJP were sore — they felt that instead of requiring the
Government to prove its majority, the Opposition ought to have been asked to move, if it
liked, a motion of non-confidence.

I POWERS AND POSITION OF THE PRESIDENT

397
Also, Mr. Narayanan was criticised for giving the Congress leader, Sonia Gandhi, too long a
rope. The critics, however, forgot the sequence of events the previous year when the BJP-led
combine got majority only after the support extended by the AIADMK; as such, its withdrawal
by the party created the presumption of loss of majority by Mr. Vajpayee. It was to avert the
extreme step of dissolution of the Lok Sabha that Mr. Narayanan gave two extra days sought by
the Congress. Likewise, he gave the outgoing coalition additional time, sought by it, to work for
accretion to its numbers. The President obviously did not want any side to feel that it had not
been given an adequate opportunity. In the heat of politicking, complaints are unavoidable.
What was important was that Mr. Narayana's working relationship with Mr. Vajpayee was not
disturbed. And the Presidency was not subjected to any strains though he and Prime Minister had
different ideological orientations.
What sort of President will A.P J. Abdul Kalam make? This question, posed when he was
nominated for the presidency, continued to excite the minds of politicians and lay people alike as
he embarked on the journey to the august office. Kalam has already established himself as a
President with a difference. He refuses menial help to fetch his shoes. He eats simple vegetarian
meals with his fingers and shares them with his personal staff. The people's President is on the
march.
Take the case of the key post of Secretary in the President's Secretariat. Dr. Kalam appointed a
person of his choice, rather than the one informally suggested by the Government. This post is
regarded as crucially important, perhaps because of the perception that the Secretary's inputs and
processing help shape major decisions by the President.
Dr. Kalam's first remarks after assuming office were significant in many respects. Whether it was
his pointed emphasis on secularism — his "unflinching commitment to the principle of
secularism, which is the cornerstone of our nationhood and which is the key feature of our
civilisational strength" — or his reference to the sanctity of the basic structure of the Constitution
and the plea to "respect and uphold the constitutional processes, in the best interest of our people
and our nation, without fear or favour and with fairness and firmness", he displayed a welcome
independence of mind.
The President Kalam's Gujarat trip in August 2002, in political terms, should serve a notice on all
those who thought they had got a pliable President. The President asked the Gujarat Government
to pay immediate attention to the removal of grievance of the riot victims and take steps for their
relief and rehabilitation. As he listened to and interacted with the riot victims, the endearing
image was of President as friend, healer and counsellor. The Gujarat visit lent Kalam what he
badly needed : political savy. It briefly raised hopes among opposition parties that he would be an
independent President. On August 22, 2002, the President has returned to the Union Cabinet the
ordinance to amend the Representation of the People Act, seeking certain clarifications on some
of the controversial provisions in the proposed ordinance. The President's decision to seek
clarification is a sequel to the opposition voiced by a group of eminent citizens from across the
country that the ordinance, if approved, would violate the fundamental right of a citizen to know
the antecedents of the candidate before electing him to the Legislative Assemblies or Parliament.
Invoking the consensus among political parties on the approach to electoral 398
INDIAN GOVERNMENT AND POLITICS
as sought by him. The Attorney General, Soli Sorabjee had earlier in the day met Dr. Kalam and
conveyed to him "the high regard the Cabinet had for him." The NDA establishment was clearly
taken aback by Dr. Kalam's decision to ask from the cabinet a few clarifications on the ordinance.
None the less Dr. Kalam has served notice on the political establishment that he would not be
taken for granted. India Today observes : "Untouched by the pomp and pageantry of office,
Kalam is fast emerging as a President with a tradition breaking personal touch."
Conclusions
The debates of the Constituent Assembly, the way the President has functioned in practice in
India, the recognised constitutional practices, views of the Supreme Court and the various
provisions of the Constitution of India (specifically Article 74 as amended by 42nd and 44th
Amendement Acts) leave absolutely no room for the doubt that the President must necessarily act
in accordance with the advice of the Council of Ministers. The advice of the Council of Ministers
is binding upon him.11 Any attempt on the part of the President to disregard the advice of the
Council of Ministers will be tantamount to the violation of the Constitution and will make the
President liable to impeachment.12
But President enjoys a marginal discretion in certain matters, as for example, appointment of the
PM (when the Lok Sabha is split with no majority party), or dissolution of the Lok Sabha, or the
removal of the Council of Ministers from office. R. Venkataraman, under his discretionary
powers, appointed Chandra Shekhar as PM in November 1990 while his group the Janata Dal (S)
had the support of only 60 members in the Lok Sabha. With no party emerging a clear winner, the
country was heading for an uncertain spell in May 1996 when Dr. S. D. Sharma, the President
invited A. B, Vajpayee, the leader of the single largest party to form a Government. What
happens when PM's Party losses the election and a new PM is to be appointed? Is the President to
seek, and is he bound by, the advice of the defeated PM regarding whom to appoint as the new
PM? Perhaps the constitutional provisions binding the President to ministerial advice may be read
as meaning that the advice of the Ministers is binding on the President only so long as the
Council of Ministers enjoy the confidence of the House. As Dr. M.P. Jain observes, "In spite of
the amended Article 74(1), the President will continue to have marginal discretion in these
matters although in normal times, he acts on the advice of the PM even in some of these
matters."13
REFERENCES
1. Constituent Assembly Debates, Vol. VII, p. 974.
2. Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), p. 163.
3. M.P. Jain, Indian Constitutional Law (Bombay, 1987), pp. 358-62.
4. M.V. Pylee, India's Constitution (Bombay, 1964), p. 331.
5. The Commission on Centre-State Relations Report-I (1987), p. 166.
6. K.R. Bombwall, Indian Constitution and Administration (1981), p. 172.
7. Ibid.
8. Granville Austin, Working a Democratic Constitution (Oxford, 1999), p. 513.
9. 'India Today, November 3,1997, p. 22.
10. India Today, October 5, 1998, pp 18-23.
11. C.A.D., n. 1, p. 974.
12. Ibid.
13. Jain, n. 3, p. 99. Chapter 32
THE INDIAN PRIME MINISTER
OFFICE AND POWERS
The office of the Prime Minister first originated in England and was borrowed by the framers of
the Constitution. Article 74(1) of our Constitution expressly states that the Prime Minister shall
be 'at the head' of the Council of Ministers. Hence, the other ministers cannot function without the
Prime Minister. There are two approaches about the office of the Prime Minister. Lord Morely
described him primus inter pares (first among equals) and Sir William Vernon called him inter
Stellas luna minores (moon among the stars). Harold Laski, on the other hand, called him "The
pivot of the whole system of government."
The concept of'first among equals'is obsolete today. How can there be 'first' among equals? If he
is equal he will not be first. If he is first, it means that he is not equal. The very fact that he is
Prime Minister means that he is superior to others. The Prime Minister represents not only the
cabinet arch but other arches of the constitutional structure as well. For the safe of phraseology,
he could be called the radiant sun rather than a moon. Peter G. Richards observes that to say that
the Prime Minister was primus inter pares was 'serious underestimate of the Prime Minister's
position.' Similarly, J. S. Dugdale observes that to say that all ministers, including the Prime
Minister, were equal, was obviously wrong, but to say that all ministers except the Prime Minister
were equal was 'nearer the truth'. Amery stressed that the Prime Minister was "in fact both captain
and man at the helm." Ramsay Muir in his book, How Britain is Governed, called the Cabinet as
"Steering wheel of the ship of the state" and described the Prime Minister as "the steer's man."
Ivor Jeanings described him, "The sun round which the planets revolve." Beloft called him
'dictator' and Hinton said the Prime Minister was an 'elected monarch'.
By far the most significant man in the political system of India is the Prime Minister, its leader.
He is the heart of the cabinet, focal point of the political system. He is the real executive of the
country. Despite the constitutional provisions of the Westminster model of cabinet government in
India, the Prime Minister has emerged as the undisputed chief of the executive. The personality of
the Prime Minister determines the nature of the authority that he or she is likely to exercise. Such
Prime Minister as Shastri, Morarji, V.P. Singh, Chandra Shekhar, H. D. Deve Gowda, I. K.
Gujral served as first among equals but this was not the case with Nehru, Indira Gandhi and Rajiv
Gandhi. Long time domination of government by charismatic and powerful personalities such as
Nehru and Indira Gandhi, and particularly the centralisation of political power by Indira Gandhi
in her office, have rendered the Indian executive a Prime Ministerial government rather than a
cabinet government.400
INDIAN GOVERNMENT AND POLITICS
PRIME MINISTERS IN INDIA : POLITICS OF SELECTION AND APPOINTMENT
Theoretically, the Prime Minister is selected by the President of India. In reality, the President
invites the leader of the majority party in Parliament to form the Council of Ministers. Usually,
political parties go to the Parliamentary polls with a clear choice of their leaders. For the most
part, the voters know, if and when a particular party wins a majority in the lower house of
Parliament, who is likely to be the Prime Minister.
The President can exercise some discretion in the selection of the Prime Minister when no party
commands a clear majority in the lower house of Parliament. In such circumstances, the President
may request the single largest party to form government or alternatively, he may allow a coalition
government to be formed. When a party leader has a clear majority support in the lower house of
Parliament, the President has no choice but to call upon him to form the Council of Ministers.
Nehru's Appointment: India's first Prime Minister, Jawaharlal Nehru was the chosen political heir
of Mahatma Gandhi. The issue of Prime Ministership was decided (without contest) for the first
time in favour of Nehru in May 1946 in the shape of election to the office of the Congress
President after Maulana Azad's resignation. The powerful support of Gandhi helped Nehru to
obtain the prize post. Patel had been nominated for the Congress Presidentship by twelve
Provincial Congress Committees out of fifteen and in the ordinary course of events Patel was the
obvious choice. But Mahatma Gandhi persuaded Patel to withdraw his candidature. Thus, there is
some truth in saying that had not Gandhi shown his preference for Nehru, Patel would have been
the first PM of India. On August 12, 1946, Jawaharlal was invited to form an Interim Govern-.
ment in his capacity as the President of the Congress. After India became independent, he was
sworn in as the Prime Minister of India. General elections of 1952, 1957 and 1962 provided
further opportunity to the people to affirm their faith in him and the election of Nehru on each of
the occasions was a foregone conclusion.1
Shastri's Appointment: After Nehru's death Emergency Committee of the cabinet decided to
recommend to the President that Gulzarilal Nanda be appointed Prime Minister. Nanda, however,
stepped into the breadth for only so long as the CPP did not choose its leader. He was designated
Prime Minister and not acting Prime Minister because there is no office of an acting Prime
Minister as such. The President was eager to have a newly elected leader as soon as possible.
Nehru held that it was not democratic to name a successor. There was a galaxy of leaders like
Vijaya Laxmi Pandit, V.K. Krishna Menon, Lai Bahadur Shastri, Morarji Desai, Y.B. Chavan,
Indira Gandhi, among the possible successors to Nehru. The succession issue had become
complicated because the Kamraj plan of August 1963 had upset the power structure in the party.
The party decided to elect a leader through consensus rather than through open voting. As
unanimity was not possible, the CWC authorised its President, Kamraj to hold consultations with
members of the CWC, State CMs and MPs and to tender his advice to the CPP dfter finding out
the consensus. Kamraj talked to a large number of Congress leaders besides about 250 MPs and
announced the Party consensus, in favour of Shastri. The rival candidate, Morarji, called Kamraj
a liar. Thus, Kamraj, no doubt, played a pivotal role and managed the elections successfully. 2
Indira Gandhi's Appointment ,: Shastri died on January 10, 1966 at Tashkant and again the
question of selecting his successor arose. This time the main contestants in the field were Morarji
Desai and Indira Gandhi. SyndicateTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
401
headed by party President Kamraj decided to support Indira Gandhi, who they thought would
prove a light political weight. In 1964, consensus formula had been adopted, but this time Morarji
was adament to contest. He, in fact, addressed a letter to all Congress members of Parliament in
which he made it amply clear that it was the right of every member of CPP to contest the election
of leadership of the Party; one significant feature of this election was that state chief ministers
also tried to put their pressures and played a vital role in the election of the PM. With the support
of the syndicate and the State CMs, Indira Gandhi was elected as PM by CPP by a big margin.
Morarji's Appointment : In 1977, Morarji Desai was also a consensus choice. The Janata Party in
the Lok Sabha by consensus left the decision to elect their leader to Jaya Prakash Narayan and
Acharya Kriplani who gave their verdict in favour of Morarji.
Charan Singh's Appointment : In 1979, the resignation of Prime Minister Morarji Desai created a
confusion. The President while announcing his controversial decision to call Charan Singh, leader
of a splinter group to form the Government put the condition to seek a vote of confidence in the
Lok Sabha at the earliest possible opprtunity, say, by the third week of August 1979. That Charan
Singh developed cold feet and decided not to face the Lok Sabha, and thus paved the way for the
dissolution of the Lok Sabha was a different matter.
Rajiv Gandhi's Appointment : In the case of Rajiv Gandhi, the President, Giani Zail Singh played
a dynamic role. He ignored the precedent of appointing the caretaker Prime Minister and invited
Rajiv Gandhi to take over as PM because he seemed to him capable of providing a stable
government. Giani Zail Singh writes in his memoirs, "My first thought about Mrs. Gandhi's
successor
was rivetted to Rajiv Gandhi.....I wanted to appoint someone, who would be
acceptable to the majority party in the Lok Sabha. I wanted a Prime Minister who should be
connected with the largest political party, who should be honest
and clean.....Thus, my choice fell only on Rajiv Gandhi, though one way open
to me was to appoint the senior-most member in Mrs. Gandhi's cabinet. I ruled out that option and
firmly made up my mind to appoint Rajiv Gandhi as the new Prime Minister." The appointment
was subsequently approved by the CPP which elected him unanimously as its leader.
V^ P. Singh's Appointment : Since the Congress (I), elected to the ninth Lok Sabha with the
largest membership has opted not to stake its claim for forming the government, the President
invited V.P. Singh, leader of the second largest Party/Group, namely the Janata Dal/National
Front to form the government and take a vote of confidence in the Lok Sabha within 30 days of
his assuming office. The President, it was clear, would have called Rajiv Gandhi, re-elected
leader of the Congress (I) Parliamentary Party, had the Congress (I) shown interest.
R. Venkataraman writes in his book 'My Presidential Years', "As the largest single party had not
staked its claim to form the government, I invite you (V. P. Singh) as the leader of the second
largest party to form the government and take a vote of confidence of the House within 21-30
days."4 President R. Venkataraman further observes, "I explained to Jyoti Basu that I had not
looked into the measure of support which the National Front had, but had invited V. P. Singh as
the leader of the second largest party to form the government. It was for him to establish his
majority in the House."5
On December 1, 1989 the National Front met to elect its leader. It was reported that initially Devi
Lai's name was proposed by V. P. Singh and seconded402
INDIAN GOVERNMENT AND POLITICS
other proposal, V. P. Singh was declared elected unanimously amidst scenes of wild
enthusiasm.
Chandra Shekhar's Appointment : V. P. Singh sent in his resignation as Prime Minister
following the defeat of his government on a confidence motion in Parliament on
November 7, 1990. Following the withdrawal of support by the BJP on October 23, 1990,
V.P. Singh Government has lost its majority support in the Parliament, but the PM has
said that he will prove his majority on the floor of the House. A special one-day session
of the Lok Sabha was called on November 7 for this purpose on the advice of the
President.
After V.P. Singh's resignation the President first asked the Congress (I) to form the
government as the largest single party in Parliament, then the BJP and the Left Parties in
that order. All of them declined the invitation for reasons of their own. The Congress in
addition indicated its readiness to back a government led by Chandra Shekhar and the
latter, in his turn, had expressed his willingness to form such a government with the
assured help of the Congress. The President would have infinitely preferred the reverse of
this arrangement but he could not obviously force it on an unwilling Congress. So, after
specially asking and obtaining an assurance—of a kind—from Rajiv Gandhi on a viable
and durable government headed by Chandra Shekhar, he has invited the latter to form the
government.
The communique issued by Rashtrapati Bhawan observes : "Consequent on the fall of the
National Front Government headed by Shri V. P. Singh, the President asked the leader of
the opposition and the Congress (I) whether he was able and willing to form a viable
government. The Congress (I) did not stake a claim for forming the government but
offered unconditional support to Shri Chandra Shekhar."
Thereafter, the President sounded the BJP and the Left Front whether they would be able
and willing to form a viable government. On both the parties expressing their inability to
undertake the responsibility, the President enquired from Shri Chandra Shekhar if he was
in a position to form a viable government. Shri Chandra Shekhar responded to the offer
and produced evidence of support to his group from the Congress I, AIADMK, Bahujan
Samaj Party, Muslim Leage, Kerala Congress (M), Shriomani Akali Dal (Panthic) and a
few Independent members.
The President is satisfied prima facie that the group headed by Shri Chandra Shekhar
with the support of other parties as mentioned above has the strength to form a viable
government.7
P. V. Narsimha Rao's Appointment: P. V. Narsimha Rao was elected Party leader just
after the tenth Lok Sabha elections in June 1991. Arjun Singh and Sharad Pawar were
also in the race. Suddenly, Arjun Singh announced his withdrawal from the contest
leaving only Sharad Pawar and Narasimha Rao in the field. The supporters of Sharad
Pawar urged that the leader should be elected by secret ballot. Narasimha Rao had an
edge because 85 members from the Southern States of Andhra, Karnataka, Kerala and
Tamil Nadu had decided to him back. Knowing this Sharad Pawar had withdrawn from
the contest and Mr. Rao was unanimously elected as leader of the Party. The President
called on P. V. Narasimha Rao to form the government as he was the leader of the largest
party in the Lok Sabha.
Atal Behari Vajpayee's Appointment : The election results of the Eleventh Lok Sabha
thrown up a hung parliament and the BJP emerged as the single largest party. The
President Dr. S. D. Sharma invited the BJP, the single largest party, to form the
government. Shri A. B. Vajpayee accepted the invitation andTHE INDIAN PRIME MINISTER :
OFFICE AND POWERS
403
he was sworn in as Prime Minister on May 15,1996. On two occasions, in 1989 and 1991,
Sharma's predecessor R. Venkataraman had also invited the single largest party despite it not
being in the majority. But both times there were few rumbles of protest. The difference then—and
a singnificant one—was that there was only one prime ministerial claimant each time : V. P.
Singh in 1989 and P. V. Narasimha Rao in 1991. But can the President opt for the single largest
party even when there is a rival claimant who apparently commands the majority support in the
House? The President Dr. Sharma was criticised by the Third Front for acting 'in haste'.
H. D. Deve Gowda's Appointment : The NF-LF combine sew up a viable coalition of anti-BJP
forces and V. P. Singh's name was suggested for the leadership. But he declined. At one point
even G. K. Moopnar's name was suggested but withdrawn when it became clear it would not be
acceptable to the Congress-I. Third Front leaders then changed their strategy to pick Jyoti Basu as
their prime ministerial candidate. But CPI(M)'s Central Committee, under pressure from its units
in West Bengal and Kerala argued, "In the two States, the Congress-I is our main adversary. How
can we then justify being part of a government that is supported by that party." So it backed out
and offered support to the Third Front from outside instead. Jyoti Basu proposed H. D. Deve
Gowda's name, it was unanimously accepted. Later Deve Gowda called on P. V. Narasimha Rao
who assured him of the support of the Congress-I. No sooner had A. B. Vajpayee tendered his
resignation after losing all hope of winning a simple majority for the first ever BJP government
than the President summoned H. D. Deve Gowda, the newly elected leader of the 13-Party United
Front, to form the new government. Thus, the Prime Minister instead of being representative of
the voter's verdict is the product of the manipulations of a small coterie of power brokers.
Inder Kumar GujraVs Appointment : Mr. Inder Kumar Gujral has been chosen as the leader of the
United Front to replace Mr. H. D. Deve Gowda on April 19, 1997. According to Front sources,
the names of Prime Ministerial candidates have been shortlisted to three—Defence Minister
Mulayam Singh Yadav, TMC Leader G. K. Moopnar and External Affairs Minister I. K. Gujral.
The chances of one of the front runners, Mr. G. K. Moopnar appeared to have dimmed following
"Vehement opposition" from the CPI(M), which has made it clear that it would back "any
candidate other than Mr. Moopnar". Much of the TMC chief's chagrin, neither the TDP nor the
DMK came forward to propose his name for the PM's post. Telugu Desam supremo N.
Chandrababu Naidu, who assured the role of the kingmaker, was privately favouring the name of
I. K. Gujral, although, publicly he maintained the air of neutrality. Mr. Karunanidhi would not
like to see Mr. Moopnar as the PM because he could then tilt the balance in the State. As far as
the Asom Gana Parishad is concerned, Mr. Moopnar's proximity to the Congress forced the party
to back Mr. Gujral.
Atal Behari Vajpayee's Appointment: In 1996 the BJP and its allies pushed the mighty Congress
to second place by winning 187 seats. But Vajpayee's glory lasted exactly 13 days and included
one of the most memorable performances on TV. This time (March 1998), after cobbling together
a series of strategic alliances with regional parties, the BJP-led combine did better. Despite
reverses in Maharashtra and Rajasthan, the BJP won 182 seats to retain its status as the single
largest party in the 12th Lok Sabha.
However, the electorate has returned another uncertain verdict. It has n^^^ncc oriri Srvm'n nn hold
and at the same time, not
1- _ TTTT1____i..___......*L^I ^Ll I IOO

The President on March 15,1998, appointed Atal Behari Vajpayee as Prime Minister. The
President's action in appointing him as the Prime Minister and inviting him to form the
government, marked the culmination of extensive discussions spread over five days
involving leaders representing practically all parts of the political spectrum.
The BJP's chances improved decisively after the Congress through its new President,
Mrs. Sonia Gandhi conveyed to the President its decision not to stake claim and the BJP
was able to consolidate its ties with its allies. In a sudden turnaround, AIADMK General
Secretary Ms. Jayalalitha, announced on March 15, that her party and two allies the PMK
and the TRC would participate in a B JP-led government. This announcement ended days
of anxiety and the president appointed Atal Behari as the Prime Minister. The Prime
Minister won the vote of confidence in the Lok Sabha on the night of March 28, by 274
votes to 261, after an intensive two day debate.
Vajpayee's Appointment: Third Term : The General Elections for 13th Lok Sabha were
held in September-October 1999. The BJP and its allies in the NDA obtained a clear
majority in the elections. The BJP emerged as the single largest party. On October 11,
1999, the President Shri K. R. Narayanan invited the leader of the single largest party in
the Lok Sabha, Shri A. B.Vajpayee of the BJP to form the Government.
The Rashtrapati Bhawan communique said, the Lok Sabha result conveyed to the
President by the Election Commission and documents expressing support to Mr.
Vajpayee 'satisfied' him that Mr. Vajpayee would command a majority in the new-elected
House.
The announcement said the reasons for the President to be satisfied on the support for Mr.
Vajpayee in the new Lok Sabha were two-fold.
One, according to the Lok Sabha results, the BJP has emerged as the single largest party
in the House; and two, the MPs who are constituents of the NDA and supporting Mr.
Vajpayee formed the largest political group in it.
Indeed, the 13th general elections yielded a conclusive outcome. There is a clear winner
with a leader who has the endorsement of the voters and a defined opposition. If the 1984
vote for Rajiv was a mandate for a new beginning, the 1999 thumbs-up for Vajpayee was
a vote for reassurance. The mandate is for Vajpayee to govern for five years. It was
Vajpayee who injected chemistry into the arithmetic of alliances. It was clearly an Atal
election.
The Vajpayee factor has been the BJP's trumps card in the 1998 elections. The opinion
poll showed that Vajpayee continued to be the most popular choice for Prime
Ministership. It was L. K. Advani, who unilaterally and quite unambiguously propelled
Vajpayee to the hotseat of the Party's "Prime Ministerial candidate" a few years ago.
Manmohan Singh's Appointment : Manmohan Singh, the former Finance Minister and
author of the post-1991 economic reforms and, admittedly the cleanest man in Indian
politics, is nominated to be the next Prime Minister, becoming the first person from a
minority community to occupy the highest political office in the land.
On May 19, 2004, the President, A.P. J. Abdul Kalam, in exercise of his powers under
Article 75(1) of the Constitution, has appointed Dr. Manmohan Singh as the next Prime
Minister. Dr. Singh was given the letter of appointment when, accompanied by the
Congress President, Sonia Gandhi, he called on the President to give him the letters of
support from the Congress and its allies in the United Progressive Alliance. Significantly,
the letter of appointment has not mentioned any requirement that Dr. Singh prove his
majority in the Lok SabhaTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
405
by any particular date. The President's letter suggests that he has reason to believe that Dr. Singh
has the majority support in the Lok Sabha. This means the new Prime Minister may be spared the
burden of immediately having to prove his 'numbers' and can easily wait for the normal business
of the 14th Lok Sabha to demonstrate his support.
Talking to reporters outside Rashtrapati Bhavan, Dr. Singh said that he felt 'humble' and noted
that the "nation had given the mandate to Srimati Sonia Gandhi." On her part, Ms. Gandhi
declared that "the country will be safe in Dr. Manmonhan Singh's hands."
Earlier, Dr. Singh was 'nominated' "Leader of the Congress Party in Parliament (CPP) to form the
government," after Ms. Gandhi stepped down as the leader and was instead elected CPP
Chairperson. It was in her new capacity as the CPP Chairperson that she 'nominated' Dr. Singh.
For most of the morning, the Congress leaders staged an elaborate tableau of protestations of
loyalty, wanting Ms. Gandhi to take back her decision to step aside from the prime ministerial
job; on the other hand, Ms. Gandhi and Dr. Singh separately met the leaders of the allied parties,
explaining to them the reasons behind her change of mind. The allies were requested late last
night to send in fresh letters of support (as the earlier letters of support had specifically been
sought in favour of Ms. Gandhi) and by noon all the revised letters were in.
Ms. Gandhi was subjected to intense pressure orchestrated by senior party members, including
those of the Congress Working Committee and office bearers of the All-India Congress
Committee, who 'resigned'their posts.
Later, the CPP general body meeting, the third such assembly in the last five days and the second
on successive days, first carried an amendment to clause 5 of the CPP constitution to enable the
Chairperson to nominate the leaders of the party, the deputy leaders and whips in both the
Houses. It also authorised the chairperson to name the leader of CPP to head the government.
These amendments were proposed by A.R. Antulay and seconded by K. Karunakaran, according
to the party spokes person, S. Jaipal Reddy.
With the amendment in place, the CPP first re-elected Ms. Gandhi to the post and adopted a
resolution in which it considered the request of Ms. Gandhi of her inability to reconsider her
decision to relinquish the office of CPP leader. She had also expressed her inability to change her
decision. "In view of the above, it becomes incumbent on the party to fill in the vacancy. It is
proposed to authorise the CPP Chairperson to nominate the leader of the CPP." This proposal was
moved by G. Venkataswamy and seconded by Mohinder Singh Gill and passed unanimously.
In her address to the CPP, Ms. Gandhi said that all the members who were upset or disappointed
should know that she would remain in politics. "I will continue as Congress President and
Chairperson, Congress Party in Parliament for as long as you want me to. I am one of you. And
nothing will ever change that." She also urged the members to extend support to the new Prime
Minister and the new Cabinet. Ms. Gandhi said she had always admired Dr. Singh for his
qualities of head and heart.
'Sonia Gnadhi is my leader': In his acceptance speech, Dr. Singh said that Ms. Gandhi was his
leader and that he would hate to be a substitute for her. "Nobody can be a substitute for Ms. Sonia
Gandhi." He said that what was witnessed was a 'rare example of sacrifice' set by her which was
in keeping with the highest standards of idealism that were set during the freedom struggle. 406
INDIAN GOVERNMENT AND POLITICS
Once Sonia Gandhi decided not to take it up, Manmohan Singh was the inevitable choice for the
prime ministership.
• The moral of the story? Dr. Singh became the chosen one because Ms. Gandhi feels most comfortable
with his instincts. The two discovered a compatibility as they worked closely over the last five years—she
as the Leader of the Opposition in the Lok Sabha and he in the Rajya Sabha. All these years, she could
count on Dr. Singh's judgement, advice and administrative experience; in return, he has been loyal (without
being sycophantic), open and candid.
• For example, the only time when Ms. Gandhi travelled, in June 2001, as the Congress President to
Washington, Dr. Singh was there by her side to lend weight to her delegation. Ms. Gandhi has always been
mindful of the fact that he enjoys respect and admiration in Western capitals.
• So he does at home. Indeed in the peculiar way the party conducts its internal affairs, Dr. Singh is the
only person against whom the Congress President has not received even a single complaint of nepotism;
every other Congressman has accused almost every other Congressman of corruption.
• There are some who insist that in 1999, when Ms. Gandhi called on President K.K. Narayanan after the
Vajpayee Government was voted out by one vote, she did not stake a claim for herself but merely pleaded
for a 'Congress-led government"; and there are others who believe that if in 1999, Ms. Gandhi had herself
been in a position to form the government she would have handed over the 'crown' to Dr. Singh.
• It is easy to de-construct the Sonia-Manmohan Singh equation. He has what Ms. Gandhi has lacked all
these years; the respect of the middle classes. Between 1991 and 1996, the 'national media,'especially the
business newspapers, serenaded him as a national hero. He became the 'honest doctor,'who wanted to
prescribe exactly what the ailing Indian economy needed; he stood for 'rational' economic planning; in
other words, he did what the middle classes thought needed to be done.
• Slowly, Dr. Singh carved a niche for himself in the Congress that came in handy for the historic moment
on May 22, 2004. In these last five years, whenever the Congressmen discussed among themselves (of
course, in private) a Ms. Gandhi-less government, they invariably concluded that only Dr. Singh could be
asked by Ms. Gandhi to step in.
• Though he is generally dismissed as a 'non-political person,' the incontrovertible fact is no other
Congress leader has earned the respect of fellow-Congressmen as has Dr. Singh. This respect, combined
with Ms. Gandhis' blessings, made him the ideal man to head the United Progressive Alliance Government.
Thus, it appears that on none of these occasions, the PM was elected solely and
exclusively because of his base in the Lok Sabha alone. In the case of Nehru, the issue
was decided by Gandhi; in the case of Shashtri and Indira Gandhi the syndicate played a
determining role; in the case of Charan Singh, Rajiv Gandhi and Chandra Shekhar, the
President played an active role. In the case of P. V. Narsimha Rao support of the party
MPs from Southern States was crucial. A. B. Vajpayee was the leader of the single
largest party and was being referred as "Prime Minister in Waiting" in the BJP circle. H.
D. Deve Gowda, though the United Front's fourth choice, became nation's first choice.
Dr. Manmohan Singh is not the choice of the CPP or the UPA but nominee of the CPP
leader Ms. Sonia Gandhi.
On the issue of Prime Minister's appointment, R. Venkataraman candidly observes, "I had
established a convention that the largest party should be offered the first option of
forming the government and if that party declined, other parties should be offered the
chance successively according to their strength in the Lok Sabha. In 1989, when no party
could obtain a clear majorityTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
407
I had offered the opportunity to form the government to Rajiv Gandhi as the leader of the largest
single party in the Lok Sabha. When he declined the offer, I called the next largest party, the
National Front headed by V. P. Singh. I had therefore no hesitation in calling immediately P. V.
Narasimha Rao to form the government as he was the leader of the largest party in the Lok
Sabha."
POWERS AND FUNCTIONS OF THE PRIME MINISTER
The Prime Minister performs many significant functions in the Indian political system and
exercises vast powers to his advantage. He is the chief executive of the nation and works as head
of the Union Government. "The Prime Minister is" in the words of Jawaharlal Nehru, "The
Linch-Pin of the Government" and as such his powers and functions are following :
1. Head of Government: The President of India is Head of State while PM is Head of
Government. Although the President of India is vested with many executive powers, in actual
practice he or she acts only at the advice of the PM and the Cabinet. All major appointments of
the Union Government are virtually made by the PM and all the major decision-making bodies
like the Union Cabinet, Planning Commission, Cabinet Committees function under his super-
vision and direction.
2. Leader of the Cabinet : The PM is the leader of the Cabinet. According to Article 74(i), "There
shall be a Council of Ministers with the Prime Minister at the head." Like the British Prime
Minister, he is not only primus inter pares but to use Ivor Jeanings phrase, a sun around which
other ministers revolve like planets. It is he who selects the other ministers. It is he who
distributes portfolios among them. It is he who presides over meetings of the Cabinet and
determines what business shall be transacted at these meetings. He can change the personnel of
the Cabinet at any time by demanding a minister's resignation or having him dismissed by the
President. Mukherjee, Mathai, Neogy, Ambed-kar, and CD. Deshmukh resigned mainly because
of personal differences with Nehru. The PM, as chairman of the Cabinet, can influence cabinet
decisions which are made by consensus more often than by voting. It is for the PM to sum of the
sense of the meeting and declare the consensus. His resignation involves the resignation of all
ministers. Laski's dictum "the PM is central to the formation of the Council of Ministers, central
to its life and central to its death" is as true of the PM of India as of his British counterpart.
3. Link between President and the Cabinet : Article 78 of the Constitution defines the duties of
the PM, and in the discharge of those duties he acts as a link between the President and the
Cabinet. The duties defined in this Article are : (a) to communicate to the President all decisions
of the Council of Ministers; (b) to furnish such information relating to the administration of the
affairs of the Union and proposals for legislation as the President may call for; and (c) if the
President so requires, to submit for the consideration of the Council of Ministers any matter on
which a decision has been taken by a minister but which has not been considered by the Council.
4. Leader of The Parliament: The PM is the leader of the Parliament. He determines the dates of
its meetings, as also its programmes for the session. He decides when the House is to be
prorogued or dissolved. He is the chief spokesman of the Government in the House and it is he
who usually keeps it informed about the Government's intentions. As leader of the House, the PM
is in a position of special advantage. He makes announcement of principal government policies
and answers questions on super-departmental lines. He can correct the errors made by his
ministers on the floor of the House and can even rebuke and reprimand them. He can carry the
House with him on all
u« r^innt oo o wVinlp unlike anv other408
INDIAN GOVERNMENT AND POLITICS
5. Chief Spokesman in Foreign Relations : In International relations the PM is regarded as chief
spokesman of the country. His statements are, for the outside world, statements of policies of the
nation. In international conferences it is he who speaks for the nation. In dealings with non-
aligned countries and conference he takes the lead. Our PMs have had a special interest in foreign
affairs and this has helped them to strengthen their position at home also.
6. Leader of the Party : The PMs in India have tried to woo and cajole the party but they have
also tried to dominate the party by conscious manipulation and manoeuvre. Nehru forced Tandon
to resign as Congress President and took over the command of the party. After the death of Patel
Nehru became supreme in the party and in the Government. He combined the two posts of Party
President and PM for four years from 1951-1954. These four years were important since they
helped to create a Congress habit of mind to look to the PM and not to the President of the
Congress for political guidance. Thereafter, the Congress President was for all practical purposes
a 'political cypher'. After the Congress split (1969), the Party office worked on behalf of the PM
(Mrs. Gandhi) and there was centralisation of power. Almost all the party presidents were said to
be virtually her nominee. After the formation of the Congress (I) the PM virtually became the
High Command of the Party. P.V. Narsimha Rao, the Prime Minister, was also the President of
the Congress (I) Party.
7. Chairman of the Planning Commission : The Planning Commission is an extra-constitutional
advisory body under the chairmanship of the PM. It has covered all the spheres of activities of
both the Centre and the States. It has become a super cabinet under the leadership of the PM. All
important decisions, defining the main line of the economic policy (even in the field demarcated
for the States) are taken by the Planning Commission under the chairmanship of the PM.
PRIME MINISTERIAL SYSTEM IN INDIA
The parliamentary form of government that has in the United Kingdom its ancestral place and
that has been adopted in the Commonwealth countries and also in several countries of Europe is
that system in which the real executive—the Cabinet—is immediately and legally responsible to
the legislature for its political policies and acts and ultimately responsible to the electorate, while
the nominal executive—the head of state—occupies a position of irresponsibility. The
parliamentary form of government, having its best form in the English political system, may be
described as the rule of the majority party working under the leadership of the Prime Minister
with the help and co-operation of his trusted colleagues having charge of important portfolios and
in which all have their sense of responsibility towards the Parliament and ultimately towards the
people. The essence of this executive system, in the last
analysis, is that the cabinet is a Committee of Parliament.....the ultimate
control is in the hands of the electorate.10
The essential principles of Parliamentary government continue to remain in observance, a great
change has occurred in the sphere of relationship between the Cabinet and the Parliament so
much so that the very name 'Parliamentary government' has been replaced by a more popular one
'Cabinet government'. 1 The Cabinet has become as Ramsay Muir says, "The steering wheel of the
ship of the state."12 Under the parliamentary system of government, the Cabinet is the creature of
Parliament. But the working of the Parliamentary system shows although the Cabinet is the
creature of Parliament, it is a creature that leads its creator. In theory, Cabinet is dependent upon
Parliament, in practice, it is the master of Parliament. THE INDIAN PRIME MINISTER : OFFICE AND
POWERS
409
The most astonishing development in the sphere of the Westminster model of government should
be discovered in the extremely powerful position of the Prime Minister calling for the
rechristening of this form of political system as the 'Prime Minister Government'. The classical
doctrines that the Cabinet is accountable to the Parliament and the Prime Minister 'is first among
equals' stand thoroughly discredited if we closely examine the powers and functions of the Prime
Minister.
R.H.S. Crossman observes in the British context is equally true about India also. He says that the
post-war epoch has seen the transformation of 'Cabinet government' into 'Prime Ministerial
Government'. Under this system, the 'hyphen which joins, the buckle which fastens, the
legislative part of the state to the executive part' becomes one single man. 13
There has been quite lively debate in England in the recent years as to whether it is appropriate to
call the present system of government 'Prime Ministerial Government'? Mackintosh, Crossman,
P.G. Richards, Crick, Hanson and Wiseman are for the use of the form 'Prime Ministerial
Government'. There are others who suggest that not only is the British Cabinet becoming Prime
Ministerial, the Prime Minister himself is becoming like the U.S. President. Everybody
appreciates that the Prime Minister's position is pre-eminent but there is a hitch on the extent of
that pre-eminence and pointedly on the use of the term 'Prime Ministerial'. 14
A close study of the office of the Prime Minister of India confirms the impression of some critics
that the office of the Prime Minister has been 'Presidentialised'. The Prime Minister of India has
acquired such eminence and power that observers now prefer to call the political system of our
country as the Prime Ministerial Government, rather than Parliamentary or Cabinet Government.
It was called Parliamentary government because of supremacy of the Parliament, and later
Cabinet Government, because the Cabinet had assumed, as Ramsay Muir said, dictatorial powers.
But today the Prime Minister is the key-man both in the Cabinet and in the Parliament. He makes
and unmakes the government. He is head of the government.
India is marching towards the Prime Ministerial Government because of the following reasons :
1. The parliamentary elections are the elections of the Prime Minister. The Congress party has
always entered the parliamentary election with a nationally known leader as its head, a strategy
that has often given an opportunity to the voters to elect the Prime Minister of the country.
2. The Prime Minister is the leader of the majority party in the Lok Sabha. Nehru, Mrs. Gandhi,
Rajiv Gandhi and even P. V. Narasimha Rao all were the President of the Congress party as well
as worked as PM.
3. The Prime Minister is the principal link, the only channel of communication between the
Cabinet and the President.
4. The President is the constitutional head and the Prime Minister is the real executive.
5. He has the power of selecting the other ministers and also advising the President to dismiss
any of them individually, or require any of them to resign. Virtually, thus, the other ministers
hold office at the pleasure of the Prime Minister.
6. He is the chairman of the Cabinet, summons its meetings and presides 410
INDIAN GOVERNMENT AND POLITICS
7. While the resignation of other ministers merely creates a vacancy, the resignation or death of
the Prime Minister dissolves the cabinet. "His resignation means the resignation of the entire
Government. He can secure the termination of his Cabinet by securing dissolution of the Lok
Sabha.
8. He is in charge of co-ordinating the policy of the government and has, accordingly, a right of
supervision over all the departments.
9. The Prime Minister's dominance of the executive in India has been reflected in the rise and
expansion of the Prime Minister's office. In some ways the Prime Minister's office resembles the
U.S. President's executive office. It is the nerve centre of power. The country's engine room
where confidential files are shifted and policies formulated.
The emergence of Prime Ministerial rather than Cabinet Government had become clear in Nehru's
lifetime itself. There never was any doubt about his pre-eminence. He could always have the last
word in the making of decisions and it may be, as A.D. Gorwala says, that everything seemed to
depend on his judgment. Shastri was the very anti-thesis of an autocract. He believed in evolving
a consensus rather than in imposing his will on others. L.N. Sharma points out it was Shastri's
"Collective substitute for Nehru's charisma." After the Bangla Desh war of 1971, Indira Gandhi
displayed a style which differed both from that of her father and of Shastri. One by one, she cut
her cabinet colleagues to size by destroying their support base in their home states. She
institutionalised her pre-dominance by making the PMs secretariat a crucial element in decision-
making process. All strings were gathered up in the Prime Minister's own hands. Formal
institutions like Parliament, the Cabinet and the Party suffered an unprecedented erosion and
power came to be exercised by the PM with the help of an informal caucus. In Mrs. Gandhi's
hands Prime Ministerial Government came dangerously close to becoming a constitutional
dictatorship. Rajiv's style of running his party was as autocratic and erratic as that of conducting
the affairs of the Government supported by a steam roller majority and surrounded by sycophants,
he has not behaved as one among equals in the Cabinet. He has tended to act as autocratically as
the party boss as he has been doing as the head of the government. An accident of history had
brought Narasimha Rao to head the party and consequently the government, though his party had
failed to obtain a clear mandate from the electorate. V.P. Singh, Chandra Shekhar, H. D. Deve
Gowda and I. K. Gujral were heading coalition type of minority government and were surrounded
by a number of colleagues endowed with equally strong personalities; thus they had neither the
political endorsement nor the political opportunity which create Prime Ministerial dominance.
Deve Gowda's United Front was like a bus without fuel—with the Congressmen pushing it from
the outside. If a saffron politician has moved into South Block for the third time in less than three
years, the credit goes entirely to Vajpayee. India Today observes, "In a parliamentary election
that bears the hallmark of a presidential contest, Vajpayee gives the impression of being the only
candidate." The "unchallenged leader" of the BJP and the hero of Kargil now enjoys a popularity
rating comparable to Indira and Rajiv in their heydays. He has made the 1999 election a virtual
referendum on his leadership. India Today observes, "The mandate is for Vajpayee to govern for
five years. But it is also a mandate for him to govern purposefully for five years."
The features of Prime Ministerial Government are visible. But the Prime Minister in India is not a
'grand vizier'ruling over slaves. He is always on strict trial (like Rajiv Gandhi). He is badgered by
the opposition. He must face theTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
411
parliament day after day, be ranked with criticism. He is harried by the dissatisfied
segment of his party. His closest rivals nag him and contrast their qualities with his. He is
the most important single individual in the country. But he is not a dictator—he is a
democratically chosen leader.
THE PRIME MINISTERS IN INDIA : A STUDY IN PERSONALITY AND POLITICAL STYLE
Political Style of Jawaharlal Nehru
In 1947, Jawaharlal Nehru became independent India's first Prime Minister and he held
this position and dominated the Indian political scene until his death on May 24, 1964.
He has been described as a "master builder, one of the few great architects in the delicate
and uncommon art of nation building." He honoured the office of Prime Minister by
holding it, and the Prime Minister-ship in itself did not add any further lustre to the
reputation which he already enjoyed either at home or abroad.15 Although the
introduction of a Parliamentary system in India based upon the British model may be
attributed to the collective efforts of Western-educated elites, it was Nehru, as the first
Prime Minister and the most powerful leader of the country, who put it into practice. Not
only did he adhere to the practice of holding election for parliament on the basis of
universal suffrage, an unusual practice in a third world country, but he also respected the
autonomy of the Election Commission and never intervened in its affairs. Continuing a
pre-independence practice, he held regular elections of party officials at all levels thus,
maintained inner-party democracy. He was a true democrat. And though he often chafed
at the slowness of the Parliamentary procedure, and was often indignant at the way the
judicial process showed down progress, he never showed disrespect for either the one or
the other. He respected the rule of law and realised that it was the basis of every civilised
society which gave to the individual citizen, high or low, a sense of security, as well as
human dignity. He also permitted the democratic process to operate in the States. He was
willing to accommodate the Congress party Chief Ministers, even when they disagreed
with him. He rarely intervened in their affairs as long as they broadly followed the party
platform. And he was willing to accommodate the demands of the regional leaders even
if they did not belong to his party. Nehru, like Mahatma Gandhi, had a national support
base. He never appealed to regional or religious sentiments to keep himself in power. In
addition to his authority based on the Constitution, Nehru had charisma and soon became
a folk hero. He enjoyed the support of the masses but he also had a very large following
among intellectuals. His commitment to democratic institutions and norms of behaviour,
his unbounded faith in science, technology and the industrialisation of the country, his
emphasis on planned economic development in India, his concern for the poor and
minorities all deeply influenced political developments in India. M.C. Chagla rightly
observes, "With all the power he had as the undisputed leader of his country, he never
acted as a tyrant or a dictator."16
Political Style of Lai Bahadur Shastri
On June 2,1964, Lai Bahadur Shastri (1964-1966) succeeded Nehru as the second Prime
Minister of India. Unlike Nehru, Shastri was neither charismatic nor domineering. He
was not ashamed of his small physical stature and know that it had nothing to do with the
political or moral stature which in due course he did acquire. During his short period he
faced enormous problems but he was remarkably firm yet flexible in handling them. He
delicately handled the strained Centre-State relations, accommodating the demands of the
State Chief
remarkable flexibility in agreeing to the indefinite412
INDIAN GOVERNMENT AND POLITICS
as demanded by southern states. He looked upon the opposition as an important part of
the democratic set up and made them feel their partnership in the government decisions.
He preferred co-operation to confrontation. M.C. Chagla observes: "He was a great
believer in consensus. He thought it wrong, both politically and morally, to ignore the
views held by the opposition or by a minority section in Parliament."17 At cabinet
meetings he would ask every member to express his personal views. He would listen to
them quietly and attentively as they were being expressed. Finally he would sum up, and
suggest a solution which might be acceptable to all the members. As in the Cabinet, so in
the Parliament, he maintained all norms of a democratic system. His Cabinet worked as a
team of near equals. Even in a crisis situation, he did not feel tempted to act as dictator.
Political Style of Indira Gandhi
The period of Indira Gandhi's dominance (1966-1984) in Indian politics put enormous
strain on the country's political institutions. Unlike her father, she had little regard for
established procedure and norms of democratic politics. In 1966, she was brought to
power as the Prime Minister by the Party bosses; by 1969, she had become embroiled in a
power struggle with the same group of leaders. This power struggle evolved into a
conflict between 'young turks' represented by Indira Gandhi and the old guards
represented by the syndicate. Indira Gandhi's progressive image resulted from the
introduction of her mildly radical programme of nationalisation of banks, abolition of
privy purses and strong denouncement of monopoly of business. She earned the support
of most of the intellectual establishment in India, particularly the leftists. She was quite
successful in projecting the image of a dynamic leader seeking the establishment of an
egalitarian social order in an ancient society traditionally dominated by ascriptive values
and rigid social stratification.
Riding on the wave of popularity by India's victory in the war with Pakistan over the
issue of the creation of an independent nation of Bangla Desh, she became not only the
dominant force within the Congress party but also the undisputed leader of the country.
She refused to seek accommodation and compromise with the discredited party bosses
who had brought her to power. Instead she followed her own independent course of
action, created a new party known as the Congress (I) and thereby provided herself a new
power base. Indira Gandhi's decision to declare emergency (June 1975) was criticised as
a violation both of the spirit of the Constitution and of the democratic policies in practice
since independence. The eighteen month period of emergency was the first authoritarian
rule experienced by India since independence. She enforced rigid press censorship and
numerous organisations were banned. She amended the Constitution to free the Prime
Minister from judicial control. She also postponed a Parliamentary election. During this
period her younger son, Sanjay, became a centre of extra-constitutional authority. He
arbitrarily transferred many civil servants and even dismissed Chief Ministers of the
States who opposed his policies. In March 1977, she called Parliamentary elections to
legitimatize her authority but her party lost the election and she could not even get herself
elected to Parliament. She was brought back into power in the 1980 elections when her
opponents could not hold together. She was assassinated on October 31, 1984.
Indira Gandhi's political style was drastically different from her predecessors. She sought
to exercise state power on a personal level. Expediency, not principles, was the rule of
her political conduct. She was intolerant towards opposition. She never took her Cabinet
into confidence but functioned through a coterie. Unlike her father, she took a dynastic
view of Indian politics. She violated democratic norms and undermined democratic
institutions. She wasTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
413
found absent from Parliament even on important occasions. It was not Parliament alone that
suffered at the hands of Mrs. Gandhi. She inflicted more mortal wounds on the judiciary. She had
no regard for state legislature parties' autonomy. She claimed the right to nominate Chief
Ministers. She used this 'right' to instal ciphers, crooks and non-entities as leaders in the States.
She passionately adhered to the doctrine of a strong centre. Her doctrine of a strong Centre and
herself as its personification had undoubtedly smoothened dynastic succession. According to
M.C. Chagla, "The father was a great statesman but not much of a politician. But the daughter
shows a mastery of political strategy which even the most finished practitioners of the art of
politics might envy."
India Today in its August 20, 2001 issue observes : "Nearly 28 years after her death, the memory
of Indira is infact in the popular imagination. Nehru may have ruled for 17 years and created the
institutions of democratic India, but when it comes to choosing the best prime minister India has
ever had, the finding of the India Today—ORG—MARG opinion poll is unambiguous : Indira
Gandhi."18
Political Style of Morarji and Charan Singh
Morarji Desai (1977-1979), Charan Singh (1979-1980), V.P. Singh (1989-1990) and Chandra
Shekhar (1990) are non-congress Prime Ministers and their political style is somewhat distinct
than their Congress counterparts.
Morarji Desai was unanimously elected leader of the Janata Party which had captured the
majority of the seats in a national Parliamentary election by defeating Indira Gandhi's Congress
Party. Morarji was a product of the Congress culture but opposed Indira Gandhi's style of
leadership. He was the custodian of conservative policies in Indian politics. As Prime Minister of
the first non-congress government of the country, he re-established civil liberties, restored press
freedom and the rule of law which had been severely restricted during the emergency. His
Cabinet started functioning in the most democratic way. He looked upon Parliament as the most
dignified democratic institution. He accorded due respect to the opposition and granted the status
of full-fledged cabinet minister to the opposition leader. Due to the internal crisis in the Janata
Party his government lost direction and he was forced to quit.
By causing a split in the Janata Party, Charan Singh was able to realise his ambition of becoming
the Prime Minister (July 1979-January 1980) of India. He was a caretaker Prime Minister, could
not demonstrate his majority in Parliament. He was known for being stubborn and very
ambitious, though not a team player. He was a defector and also an opportunist.
Political Style of Rajiv Gandhi
Rajiv Gandhi became the Prime Minister of India following Indira Gandhi's assassination on
October 31, 1984. He was elevated to the high office of Prime Minister over the protests of many
senior cabinet members and Party men. In the first year of his leadership he demonstrated his own
political style. His style seems to be of his grandfather rather than his mother. He avoided
confrontation and worked toward a reconciliation. After a few months he started walking on his
mother's footsteps. He made it a habit to keep away from Parliament. He gave up the convention
of regular visit to the President. It was in his presence that his party men humiliated the Vice-
President in the Rajya Sabha. He has sacked more ministers in the course of his term than either
his mother or grandfather did in a whole decade. He made important Chief Ministers shuttle back
and forth between the state and national capitals. He hated the opposition because it has inflicted
grievous wounds upon him over the Bofors and other
i.:_____]____i.:____414
INDIAN GOVERNMENT AND POLITICS
inner-party democracy. He lost his charisma and his party was thrown into oblivion by the same
people who had crowned him as the country's Prince.
Politica! Style of V.P. Singh
Mr. V.P. Singh's mandate in 1989 was to evolve an alternative framework to the Congress (I).
This was clearly reflected in the poll results. However the process of managing contradictions
broke down over Mandal Report. In the process of checkmating Devilal, he alienated the BJP,
one of the supporting parties. Mandal led to Mandir and to the withdrawal of support to his
government.
Besides the minority character of his government and the contradictions inherent in the political
set up headed by him which kept him engaged in the survival game, Mr. Singh's style of
functioning also compounded the crisis. The BJP was suspicious of his intentions after Mandal.
His colleagues were not sure of him. Nor could he instil in them a sense of trust that he would
stand by them. Essentially a lower, Mr. Singh appeared to have little use for loyalty in politics,
though in the words of the Janata Dal spokesman, Mr. Jaipal Reddy, "he believes in the dynamics
of politics and not in mechanics of power" to keep people with him.
Political Style of Chandra Shekhar
Chandra Shekhar has won public appreciation for what appears as a surprisingly forth right
approach to national issues. A hastily patched up minority government not expected to survive
more than a few weeks in power was offering to talk directly to the militants in Kashmir and
Punjab, keeping the VHP and the All India Babri Masjid Action Committee together at the
negotiating table, calming the turbulence caused by the Mandal report, bringing in much needed
cash through IMF loans and taking a bold if controversial stand on the Gulf war.
Mr. Shekhar as Prime Minister also gave the impression of being open and candid and therefore
sincere and pragmatic. Of course, with zero expectations with which he started, his graph had to
go up.
R. Venkataraman candidly observes about him, "During his few months in office, he had handled
Parliament competently and was responsive to suggestions from the opposition. He was under
constant strain from the pressures of the Congress Party, which I am afraid, assumed that it was
the real government and Chandra Shekhar only a proxy."19
Political Style of P.V. Narsimha Rao
P.V. Narsimha Rao was not a mass leader and lacked charisma of the Nehru-Gandhi family. He
started with consensus politics and held Party elections. But he moved towards confrontation with
the opposition. Much of the public disenchantment with his government stemmed from the
obvious non-performance of his ministerial colleagues. Even the most sycophantic of Rao's
supporters were critical of his most visible failures—in Punjab and Kashmir.
The devastating rout suffered by the Congress (I) in Karnataka and particularly in Narsimha Rao's
state, Andhra Pradesh, left Rao vulnerable and exposed. And Rao had no one to blame but
himself because, instead of sharing decision-making he concentrated all power in his own hands.
Political Style of Atal Behari Vajpayee
Shri A. B. Vajpayee, the Prime Minister, has been a votary of the politics of consensus
throughout his five decades in public life. Once introduced by Jawaharlal Nehru as future Prime
Minister of the country, Vajpayee won high marks for his stint as minister for external affairs in
the 1977-79 Janata Government. That he is the lone dove among the Hindutva hawks is
evidentTHE INDIAN PRIME MINISTER : OFFICE AND POWERS
415
from Vajpayee's own admission that his biggest weakness is that he can never hit back. He has
been described variously as a good man in a bad party. As he completes his six years in office, he
has acquired the reputation of a status quoits and a compromiser. Vajpayee's hawkish foreign
policy has succeeded in conveying the message to the international community that India cannot
be taken for granted any more. His personal popularity remains sky-high; however, his
Government—like its UF predecessors—lacks cohesion. As nuclear India's Prime Minister,
Vajpayee is now making headlines. He preferred the nuclear option to assert his leadership. By
concentrating on foreign policy, Vajpayee is proving to be no different from most of his
predecessors like Indira Gandhi, Rajiv Gandhi, P. V. Narasimha Rao and I. K. Gujral. Like them
he also believes that a Prime Minister's locus standing is directly linked with his international
acceptability.
Prabhu Chawla, editor of 'India Today' observes about the political style of the Prime Minister
Vajpayee as :
"Vajpayee has refrained from taking any direct interest in any of the ministries, including his own
Ministry of External Affairs. For the first time since Nehru's days, ministers are enjoying full
autonomy even in the selection of senior level officials. The Prime Minster's Office (PMO) under
Vajpayee has been reduced to a sorting office.....The Vajpayee Government comes across as one
that offers
kneejerk solutions, takes ad hoc decisions and makes unnecessary
compromises.....He still remains the most popular political leader in
India. But he is yet to evolve a mechanism for governance which bears his distinct personal
stamp."
Today Vajpayee seems on the verge of joining Rajiv Gandhi, V.P. Singh and P.V. Narasimha
Rao as another leader who aroused hopes and then proceeded to dash them. For complete six
years he has presided over political drift, economic stagnation and administrative paralysis.
Unfortunately, he is perceived as a leader who is afraid of taking risks, succumbs to blackmail,
avoids direct interaction with people and even with his colleagues.
Election 1999 was clearly a Atal election. It was Vajpayee who cemented the alliance and made
them work. It was the Vajpayee factor that gave the BJP alliance its cutting edge. The
unchallenged leader of the BJP and the hero of Kargil enjoyed popularity rating comparable to
Indira and Rajiv in their heydays.
Before Kargil, Vajpayee was the first among equals. After Kargil, he is the towering leader
seeking votes on the strength of his record and leadership. If the BJP gives the impression of
having reinvented itself as the natural replacement to the Congress, the credit goes largely to
Vajpayee. At the pinnacle of his power, he has taught the BJP the virtues of consensus and
adjustment. It is very rightly observed about Vajpayee.
"A career spotlessly clean. A parliamentarian unmatched. A democrat committed to respecting
institutions. He led India to Pokhran II. In war he was a picture of determination as well as
restraint"
In his third innings as Prime Minister, Vajpayee hasn't repeated earlier mistakes. With the
Finance Ministry unable to speed up the process of reforms, the PMO has become more assertive
in setting the economic agenda. The
nrnmiilcratinn of nrrlinanrp in ampnH tV»A Patpntc; Art tnKlino"416_______________________INDIAN
GOVERNMENT AND POLITICS___________________________
Regulatory Authority Bill in Parliament and narrowing of differences over a new draft telecom
policy are some instances of the PMO's writ cutting across the ministerial divide.
Since assuming power in 1998, Vajpayee has failed to manage the contradictions of a diverse
coalition. If the first term was marred by J. Jayalalitha, the second term witnessed problems with
Trinmool, the Shiv Sena, Samata and impossible demands by the DMK. Far from being a
supportive lifeline, Vajpayee PMO created complications for him. Such was the disrepute of the
PMO that the Tehelka tapes became the basis for an assault on the Government's integrity. India
Today observes, "The most damaging is the impression that Vajpayee continues to be the captain
but is not quite in charge. With all his personal popularity, integrity and experience, he is unable
to cope with the pressures of coalition politics. In October 1999, when he took office for the thrid
time the Indian electorate had not given Vajpayee's BJP a majority, yet it was clear that people
had placed their trust in him. Twenty months later, bullied by allies, stunned by the Tehelka
expose, hurt by attacks on the dubious roles being played by people close to him and plagued by
ill health, the Prime Minister seems out of sorts."21
Political Style of H. 0. Deve Gowda
Perhaps the most outstanding achievement of the least likely Prime Minister that Indian
democracy has thrown up is the fact that he has survived for ten months. To Mr. Deve Gowda's
credit, he could claim greater achievements than that. The country as a whole saw a distinct
lowering of the temperature of political debate. And by and large, there were no major communal
conflicts. There were genuine decentralisation of government and ministers were allowed to
function with more than a fair amount of autonomy.
Mr. Deve Gowda may have all the virtues of a "humble farmer" but the Prime Minister of India is
something slightly more than the assignment and outlook of a good farmer. Tavleen Singh
observes about Prime Minisger H. D. Deve Gowda, "of whom the only kind thing I ever wrote
was that he was a living proof that any old goof could rule India."
j.
Political Style of Inder Kumar Gujral
Mr. Inder Kumar Gujral has been sworn in as the twelfth Prime Minister of India on April 21,
1997. In what portends to be an era of unworthy Prime Ministers and unlikely governments, Mr.
Gujral is both worthy and likeable. Unlike the other aspirants to the PM's Office, Mr. Gujral does
not lead a party or command a mass base. But his assets are a clean image and political record,
long and successful albeit intermittent, stints in government and an uncanny ability to win friends
and influence people. Mr. Gujral, himself representing a coalition of 13 parties, spelt clearly that
the future of India lay in achieving consenses and contentious issues. Political Style of
Manmohan Singh
For PM by nomination Manmohan Singh, there's a positive and a negative aspect to 'remote
control'politics. On the plus side, he has the luxury of being PM without having to bother about
political management and party affairs. On the other hand, his every decision will have to have a
stamp of approval from 10, Janapath.
His past suggests he is an academic and an administrator at heart; a believer in consensus, not
confrontation. But when consensus, whether on economic or foreign policy, involves partners like
the left and Laloo, there is every chance that what is needed will be replaced by what is
acceptable. It

I THE INDIAN PRIME MINISTER : OFFICE AND POWERS

417
remains to be seen whether his essential decency will compensate for a lack of political nous. In
other words, whether he can change the very nature of the prime minister's job—be a fully
functioning CEO to Sonia's Chairman of the board—or whether the job will change him.
Position of the Prime Minister in Indian Polity
Aphrase traditionally applied to the PM has beenprimus inter pares—first among equals. This,
however, is over-simplification of his relations with other ministers. The PM in the Indian context
is endowed with such a plentitude of powers as no other constitutional ruler in the world
possesses, not even the President of the USA. A Latin phrase which suits better is inter Stellas
luna minores. It means "a moon among the lesser stars." Even this may not be the correct
estimate of the PM's position. He is the key-man in the government. He has put the ministers
where they are. He is the general co-ordinator of their activities. He presides over the cabinet
meetings, confers with individual ministers, encourages, admonishes and instructs them. He can
ask any minister to resign. Thus, he is the keystone of the cabinet arch, for the entire structure of
the cabinet is built upon his person and it collapses the moment he is shaken. In the Indian
context, the PM is keystone, not only of the cabinet, but of the political system.
If he is strong like Nehru, Indira Gandhi and Rajiv Gandhi he will imprint his stamp on the
Cabinet. If he does not possess the qualities of leadership like V. P. Singh, P. V. Narasimha Rao
or H. D. Deve Gowda the entire Cabinet will lack decisiveness. Other ministers may overshadow
the Prime Minister.
The Prime Minister of India has acquired such eminence and power that observers now prefer to
call the political system as the Prime Ministerial Government rather than parliamentary or cabinet
government.
In fact, the position of the PM differs from person to person. Nehru and Indira were the keystone
of the political system; Shastri and Morarji were first among equals; V. P. Singh dependent on a
congromeration of parties mutually destructive to each-other; Chandra Shekhar and H. D. Deve
Gowda were only proxy of the Congress-I.
The 1999 mandate is for Vajpayee to govern for five years. As the first non-congress prime
minister to be re-elected, Atal Bihari Vajpayee has to do the balancing act of a 24 party alliance
while giving the country the governance it has been missing.
Office of the Deputy Prime Minister : Power Shift
When Union Home Minister L. K. Advani was appointed Deputy Prime Minister on June 29,
2002, a party member described it as "a de facto situation made de jure." By no means has Prime
Minister Atal Behari Vajpayee retired but it would seem that more day-to-day political decisions
are being referred to Mr. Advani. Mr. Advani has always enjoyed a special status within the BJP.
Now he has almost acquired the role of a CEO to Vajpayee's Chairman of the Board.
An appointment to the post, which is not mentioned in the constitution, for only the seventh time
in 55 years since Independence comes soon after the controversy surrounding the "Time' article
on the Prime Minister's health.
Sardar Patel became the first Deputy Prime Minister, even before the constitution of India was
framed. His appointment with the vital portfolios of Home and States signified equal statuses of
the top two leaders. Morarji Desai was the next to be offered the post, in 1967 to mollify him and
blunt his or>rv>QiHnn tn Tndira Gandhi. Morarji himself as Prime Minister in 1979 was418
GOVERNMENT AND POLITICS
Ram. Then Charan Singh made Y. B. Chavan his Deputy Prime Minister as a price for
his support. Devi Lai has the distinction of twice being Deputy Prime Minister, first
under V. P. Singh after the 1989 elections and secondly when Chandra Shekhar formed
the Government with outside support from the Congress.
Indeed, three interlinked political circumstances have created Deputy Prime Ministers —
near equal political stature of two political leaders, as in the case of Patel and Nehru; to
obviate political competition by accommodation, as in the case of Morarji Desai, Charan
Singh, Jagjivan Ram and Devi Lai; and the compulsions of coalition politics, as in the
case of Charan Singh, Jagjivan Ram and Devi Lai. Succession has never been a factor. It
would be fair to suggest that neither the post of Deputy Prime Minister nor the number
two position in the cabinet necessarily guarantees ascent to the Prime Ministerial chair.
Obviously, Advani's appointment does not fall into any of these categories. Apparently,
succession appears to be a prominent, if not the predominant, motive. Mr. Advani's
elevation has come in the wake of a decline in the BJP's electoral fortunes, criticism of
the party over the Gujarat riots, and controversial reports about Vajpayee's indifferent
health followed by his statement that Mr. Advani would have to share greater
responsibility. Therefore, the elevation of Mr. Advani as Deputy Prime Minister signifies
his political ascent vis-a-vis Mr. Vajpayee. It may not necessarily mean Mr. Vajpayee's
political eclipse. Indeed, the Deputy Prime Minister becomes the new force behind the
throne. In the words of Advani, "This appointment has invested authority and legitimacy
to the work that I was already doing."
The facile view is that Advani's new role in policy and politics will result in an
alternative power centre that will, in time, overwhelm Vajpayee. It may be that the only
purpose behind the Deputy Prime Minister ploy is to present the NDA crowd with a fait
accompli when the time comes to make a post-Vajpayee choice. The Tony Blair
Government in UK has demonstrated recently that this office can be institutionalised as a
constitutional tool for good governance.
REFERENCES
1. L.N. Sharma, The. Indian Prime Minister (New Delhi, 1976), pp. 14-15.
2. Ibid., pp. 18-22.
3. Memoirs of Giani Zail Singh (New Delhi, 1997), pp. 203-204.
4. R. Venkataraman, My Presidential Years (New Delhi, 1994), p. 324.
5. Ibid., p. 325.
6. Ibid., p. 142.
7. Ibid., p. 143.
8. Ibid., p. 553.
9. The Constitution of India, Article 78.
10. C.F. Strong, Modern Political Constitutions (1966), pp. 240-41. J.C. Johari, Comparative Politics (New Delhi,
1986), p. 494. Ramsay Muir, How Britain is Governed (Allahabad, 1951), p. 69. Cited in J.C. Johari, Comparative
Politics, n. 5, p. 497.
14. Mackintosh, The British Cabinet (1968), p. 428.
15. M.C. Chagla, Roses in December (Bombay, 1975), p. 439.
16. Ibid., p. 440.
17. Ibid., p. 445.
18. India., Today, August 20, 2001, p. 22.
19. R. Venkataraman, My Presidential Years (New Delhi, 1994), p. 324.,
20. India Today, July 20, 1998, p. 19.
21. India Today, August 13, 2001, pp. 18-21.
11.
12. 13.Chapter 33
THE UNION COUNCIL OF
MINISTERS
The framers of the Indian Constitution intended that though formally all executive powers were
vested in the President, he should act as the Constitutional head of the Executive like the British
Crown, acting on the advice of Ministers responsible to the Lok Sabha.
But while the British Constitution leaves the entire system of Cabinet Government to convention,
the Crown being legally vested with absolute powers and the Ministers being in theory nothing
more than the servants of the Crown, the framers of our Constitution enshrined the foundation of
the Cabinet system in the body of the written Constitution itself, though, of course, the details of
its working had necessarily to be left to be filled up by convention and usage. 1 As Ramesh Thakur
observes, "The Council of Ministers has constitutional status, the cabinet does not get a mention
in the Constitution. Accordingly, its powers are defined by Convention and usage."
SALIENT FEATURES OF THE CABINET SYSTEM .
India has adopted the Parliamentary form of government. The Parliamentary form of government,
having its best form in the English political system, may be described as the rule of the majority
party working under the leadership of the Prime Minister with the help and co-operation of his
trusted colleagues having charge of important portfolios and in which all have their sense of
responsibility towards the Parliament and ultimately towards the people who are their real
constituents.
Though the essential principles of Parliamentary government continue to remain in observance, a
great change has occurred in the sphere of relationship between the Cabinet and the Parliament so
much so that the very name 'Parliamentary government'has been replaced by a more popular one
—'Cabinet government'. The cabinet has become, as W.B. Munro said, the "single most important
piece of mechanism in the Constitutional structure" or as Ramsay Muir says, "the steering wheel
of the ship of the State." A great degree of difference has come to exist in theory and practice. "In
theory, it (Cabinet) is dependent upon Parliament; in practice it is the master of Parliament." This
type of executive has the following essential features :
1. A Nominal Head : The first pre-requisite of this type of government is the presence of a Head
of State endowed with nominal authority. The entire administration is run in his name. All powers
are formally vested in him that are exercised by his ministers accountable to the Parlia- mon( Ttc k»ct
pvamnlp ran be found in the British monarch or in the420
INDIAN GOVERNMENT AND POLITICS
2. Leadership of the Prime Minister : The Prime Minister holds the real executive authority and,
as such, he may be described "the real working head of the State. He is the chief spokesman of
the government, keystone of the Cabinet arch and leader of the House."
3. Political Homogeneity : The Prime Minister is the leader of the Party enjoying clear majority
in the Parliament. All ministers belong to the same party that has its leader in Prime Minister. It
may be possible that two or more parties join to form a coalition government when no party is in
a position to have absolute majority in the Parliament.
4. Collective Responsibility : The most important feature of this government is the principle of
responsibility of the ministers to the Parliament. It means that they can live in office only so long
as they enjoy confidence or pleasure of the Parliament. They are collectively responsible, they
sink and swim together.
5. Sound and Effective Opposition : The last requirement of Cabinet system of government is the
existence of a sound and effective opposition that may exercise check on the government so as to
prevent it from taking to a path basically opposed to the existence of a democratic political
system.2
The Cabinet system in India is working exactly on the same lines as it is practised in England.
The President of India does not attend and preside over the meetings of the Cabinet. The Cabinet
has political responsibility towards the Lok Sabha. Leadership of the Prime Minister is
recognised constitutionally, all the ministers generally belong to the same political party, hold
identical views and subscribe to the same principles.
Appointment of Ministers : While the Prime Minister is selected by the President, the other
ministers are appointed by the President on the advice of the Prime Minister [Article 75(i)] and
the allocation of portfolios amongst them is also made by him. Further, the President's power of
dismissing an individual Minister is virtual power at the hands of the Prime Minister. In selecting
the Prime Minister, the President must obviously be restricted to the leader of the party in
majority in the Lok Sabha, or, a person who is in a position to win the confidence of the majority
in that House.
Council of Ministers and Cabinet
The Constitution does not classify the members of the Council of Ministers into different ranks.
All this has been done informally, following the English practice. It has now got legislative
sanction, so far as the Union is concerned, in Sec. 2 of the Salaries and Allowances of Ministers
Act, 1952, which defines Minister as a "Member of the Council of Ministers, by whatever name
called, and includes a Deputy Minister."
All the Ministers, however, do not belong to the same rank. They are classified under three
ranks : (a) Cabinet Ministers or 'Members of the Cabinet'; (b) Ministers of State; (c) Deputy
Ministers.
Theoretically, the full executive is the Council of Ministers, with Cabinet being but one of its
three components. In reality, Cabinet is more important, influential and powerful than the full
council.
The Cabinet rank ministers are the head of their departments. The Ministers of State are formally
of Cabinet status and are paid the same salary as the Cabinet Ministers and they may hold
independent charge of theirTHE UNION COUNCIL OF MINISTERS
421
department. The Deputy Ministers are paid lesser salary than the Cabinet rank Ministers and have no
separate charge of a department.
The number of members of the Council of Ministers is not specified in the Constitution. It is determined
according to the exigencies of the time. At the end of 1961, the strength of the Council of Ministers of the
Union was 47, at the end of 1975, it was raised to 60, and in 1977, it was reduced to 24, omitting the
category of Deputy Ministers.
A. B. Vajpayee began his third term in office in October, 1999 exercising the prerogative to choose his own
team but ended up creating a huge 70-member Council of Ministers to strike a balance between the claims
from different regions, his own party and the BJP's allies. He inducted heavyweights as well as new faces
totalling 25 Cabinet Ministers and 44 Ministers of State. He gave lion's share to the BJP 14 Cabinet berths
and 32 Ministers of State. HOW PRIME MINISTER SPLIT THE CAKE
Minister of
Cabinet State*
BJP 182 ' 14 32 46
JD(U) 20 4 2 6
Shiv Sena 15 2 2
DMK 12 2 1 3
BJD 10 1 1 2
Trinamul Congress 8 1 1 2
O
PMK 5 — 2
MDMK 4 — 2 2
National Conference 4 — 1 1
Independent — 1 1 2
MSCP" 1 — 1 1
25 44 69
1
+
Minister of State (including those with independent charge) Maneka Gandhi Manipur State Congress Party
Dr. Manmohan Singh's Council of Ministers consist of 68 members, with 18 cabinet rank
ministers, 10 ministers of state with independent charge and the rest ministers of state.
The cabinet sworn on May 22, 2003 is rich in ministerial talent and experience as it includes
some of the most experienced hands such as Pranab Mukherjee, Arjun Singh, Shivraj Patil,
Natwar Singh, Sharad Pawar, Ram Vilas Paswan, P. Chidambaram, Hansraj Bhardwaj and Gulam
Nabi Azad.
The Prime Minister also chose to induct two senior Congress leaders, Shivraj Patil and P.M.
Sayeed, who had lost the recent Lok Sabha elections, The new Council of Ministers has the
requisite geographical spread, regional distribution and gender representation; the six women
members do fall short of the politically correct one-third formula.
It also reflects the new political realities of the United Progressive Alliance.
The lion's share has gone to Tamil Nadu, which has, as many as 12 seats in the Council of
Ministers whereas Uttar Pradesh, which traditionally dominated the Congress ministries, has only
two representatives, with only one with the Cabinet rank.
The rank of different Ministers is determined by the Prime Minister x_ „.!,„„„ r,^i,n^o -t-Vip
President appoints the Ministers and also422
INDIAN GOVERNMENT AND POLITICS
allocates business amongst them. While the Council of Ministers is collectively
responsible to the Lok Sabha and Article 78(c) enjoins the Prime Minister, when required
by the President, to submit for the consideration of a Council of Ministers any matter on
which a decision has been taken by the Minister but which has not been considered by the
Council, in practice, the Council of Ministers seldom meets as a body. It is the Cabinet,
an inner body within the Council, which shapes the policy of the Government.
While Cabinet Ministers attend meetings of the Cabinet of their own right, Ministers of
State are not members of the Cabinet and they can attend only if invited to attend any
particular meeting. A Deputy Minister assists the Minister in-charge of a Department or
Ministry and takes no part in Cabinet deliberations.
The Cabinet
The Cabinet is not mentioned in the Constitution, but usage has equated its functions with
those assigned to the Council of Ministers under the Constitution. The Cabinet, the inner
body of the Council, is composed of the principal ministers who, while holding important
portfolios, are responsible generally for Government administration and policy.
The Cabinet must be small enough but its size, which has ranged between 12 and 18, has
more often been the result of political considerations than of decision-making efficiency.
The composition of the cabinet reflects a concern for a degree of regional balance and for
the representation of important communities—Muslims, Sikhs SCs, STs and OBCs.
The Cabinet has four major functions; to approve all proposals for the legislative
enactment of Government policy, to recommend all major appointments, to settle
interdepartmental disputes and to co-ordinate the various activities of the Government
and oversee the execution of its policies.
Only members are entitled to attend the weekly meetings of the Cabinet, but ministers of
State, Chief Ministers and technical experts may be invited to attend discussions of
subjects with which they have special concern. Votes are rarely taken in the Cabinet;
decisions usually are reached after discussion by a sense of the meeting. Only major
issues are referred to the Cabinet, and frequently even these, such as the preparation of
the budget, are decided by the appropriate minister in consultation with the Prime
Minister.
The work of the Cabinet is handled largely by Committees. The Cabinet Committees,
organised by Nehru to co-ordinate the functions of the various ministeries, have been
largely dominated by the few ministers. As Prime Minister, Nehru, himself was
Chairman of 9 of the 10 Committees and the Home Minister was a member of all
Committees and was Chairman of the tenth. The Emergency Committee of the Cabinet,
set-up in 1962 and composed of six senior ministers including the Prime Minister, came
in Nehru's last years to assume the role of an inner Cabinet and took over many of the
decision-making responsibilities of the whole Cabinet. Under Shastri, the Emergency
Committee declined in relative importance. The Cabinet's primacy was restored in
domestic affairs, as each minister was given a greater role of initiative and discretion. In
consolidating her power (after 1971) Mrs. Gandhi created the Political Affairs
Committee, composed of a small group of senior Cabinet ministers under her
Chairmanship. Responsible for the co-ordination of major Cabinet concerns in domestic
and international affairs and in defence, the Committee became the most important
decision-making body in India after Prime Minister herself.3THE UNION COUNCIL OF MINISTERS
423
Ministerial Responsibility
As to Ministerial responsibility, it may be stated that the Constitution follows in the main the
British principle except as to the legal responsibility of individual Ministers for acts done by or
on behalf of the President.
The principle of collective responsibility is codified in Article 75(3) of the Constitution—"The
Council of Ministers shall be collectively responsible to the House of the People." So, the
Ministry, as a body, shall be under a constitutional obligation to resign as soon as it loses the
confidence of the popular House of the Legislature. The Collective responsibility is to the House
of the People even though some of the Ministers may be members of the Council of States.
Of course, instead of resigning, the Ministry shall be competent to advise the President to
exercise his power of dissolving the Legislature (Lok Sabha) on the ground that the House does
not represent the views of the electorate faithfully.
The principle of individual responsibility of the head of the State is embodied in Article 75(2)
—"The Ministers shall hold office during the pleasure of the President." The result is that, though
the Ministers are collectively responsible to the Legislature, they shall be individually responsible
to the Executive head and shall be liable to dismissal even when they may have the confidence of
the Legislature. But since the Prime Minister's advice will be available in the matter of dismissing
other Ministers individually, it may be expected that this power of the President will virtually be,
as in England, a power of the Prime Minister against his colleague—to get rid of an undesirable
colleague even where that Minister may still possess the confidence of the majority in the House
of the People. Usually, the Prime Minister exercises this power by asking an undesirable
colleague to resign, which the latter readily complies with, in order to avoid the odium of a
dismissal.
Position of the Prime Minister in the Council of Ministers
As in England, the Prime Minister is the "keystone of the Cabinet arch." Article 74(1) of the
Constitution expressly states that the Prime Minister shall be 'at the head' of the Council of
Ministers. Hence, the other Ministers cannot function when the Prime Minister dies or resigns.
In England, the position of the Prime Minister has been described by Lord Morley as 'primus
inter pares', i.e., 'first among equals'. In theory, all ministers or members of the Cabinet have an
equal position, all being responsible to Parliament in the same manner. Nevertheless, the Prime
Minister has a pre-eminence, by convention and usage. Thus, the Prime Minister is the leader of
the party in majority in the popular House. He has the power of selecting the other Ministers; the
allocation of business amongst the Ministers is a function of the Prime Minister. He is the
Chairman of the Cabinet; the resignation or death of the Prime Minister dissolves the Cabinet. He
is in charge of co-ordinating the policy of the Government.
In India, all these special powers will belong to the Prime Minister in as much as the conventions
relating to Cabinet Government are, in general applicable. But some of these have been codified
in the Constitution itself. The power of advising the President as regards the appointment of the
other Ministers is thus embodied in Article 75(1). As to the function of acting as the of
communication between the President and the Council of Ministers,424
INDIAN GOVERNMENT AND POLITICS
"It shall be the duty of the Prime Minister to (a) communicate to the President all
decisions of the Council of Ministers relating to the administration of the affairs of the
Union and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the Union
and proposals for legislation as the President may call for; and
(c) If the President so requires to submit for the consideration of the Council of Ministers
any matter on which a decision has been taken by a Minister but which has not been
considered by the Council."
Powers and Functions of the Council of Ministers
The Council of Ministers forms the Government of the Union. It is headed by the Prime
Minister, who is the head of the Union Government. Its powers and functions may be
discussed as below :
1. Legislative Functions : The Council of Ministers controls the legislature of the Union
Government, i.e., Parliament. It formulates its policy, submits and explains it to
Parliament for approval. Since it holds majority in Parliament, it is always sure of the
acceptance of its policy. The entire legislation of importance passed by Parliament is
initiated by the Ministers.
2. Financial Powers : The Cabinet controls the financial policy of the Union. It is the
Finance Minister who submits the budget to Parliament. Parliament approves the budget-
expenditure and revenue items in its original form with the support of a subservient
majority.
3. Executive Powers : The Council of Ministers is the executive of the Union. The
Ministers preside over the various departments of the government and give direction to
the administration. The Cabinet brings about co-ordination of policy among various
departments and settles their conflicts. The Cabinet formulates foreign and defence
policies of the Country and executes the five year plans.
SALIENT FEATURES OF INDIA'S CABINET SYSTEM
The following are the salient features of India's Cabinet system :
1. The Prime Minister determines the composition of the Council of Ministers as well as
its inner Core, the Cabinet.
2. Members of the Council of Ministers are generally appointed from the Prime
Minister's own party, and they must be or become members of Parliament. After 1989
coalition cabinet, too, are formed. H. D. Deve Gowda's Ministry was a 13 party coalition
while I. K. Gujral's Ministry was a 15 party coalition. The present Vajpayee Ministry is a
motley crowd of 24 constituents. Without the TDP support, a Vajpayee Government is a
non-starter. Likewise, without the support of Independents and other minor parties, the
Government could lose its "working majority."
3. The Council of Ministers consists of the Cabinet Ministers, Ministers of State and
Deputy Minister.
4. The Ministry is jointly responsible to the House of the People. All Cabinet Ministers
accept the principle of collective responsibility. That is, under collective leadership each
minister accepts and agrees to share responsibility for all decisions of Cabinet. Each
member of Cabinet also accepts full political responsibility for all acts of commis- THE
UNION COUNCIL OF MINISTERS
425
sion and omission by officials of the department which falls under his or her portfolio.
5. The Cabinet is composed of the senior most ministers. In the process, it has also taken over
functions assigned by the Constitution to the Council.
6. Although the Cabinet is the creature of Parliament, it is a creature that leads its creator.
Conclusions
In principle the Cabinet is the chief governing authority in the country. It tenders advice to the
President for the exercise of all his functions and it provides legislative leadership in Parliament,
political leadership in the country and administrative leadership of government departments.
Today, powers of the Parliament have been usurped by the Cabinet. The responsibility of the
Cabinet has been converted into its mere responsiveness. The immensely increasing power of the
Cabinet cannot be denied and along with it one cannot disagree with the critical observation that
though nominally supreme, the Parliament has virtually become subservient to the Cabinet.
However, the powerful position of the Cabinet in India should not be described as its
'dictatorship'. There is nothing like the 'dictatorship of the Cabinet' in the Indian context.
The Cabinet form of government was undoubtedly twisted out of shape during the Premiership of
Indira Gandhi, especially after the Congress split in 1969. During the emergency it was reduced
to mockery. "Mrs. Indira Gandhi established a more personalised and centralised form of Prime
Ministerial Government....Her dominant role in the cabinet was reflected also in the expanded
size and enhanced status of the Prime Minister's secretariat, to the extent that it took on some of
the characteristics of the American President's Executive Office." 4 Rajiv Gandhi had not only
restored the Cabinet Government, he had further undermined it. His cronies dominated the
decision-making process from outside the Cabinet; within the Cabinet Ministers were afraid to
speak out their mind. Cabinet meetings were not the forum of serious discussion of policies; they
were the occasions for competitive adulation of the Leader. But despite the erosion of cabinet
government, it functioned not wholly unsatisfactory during the long tenure of Nehru despite the
personal ascendency he achieved after Sardar Patel's death. Again the system worked well
comparatively under the brief terms of Lai Bahadur Shastri and Morarji Desai.
There has been a steady decline in the calibre of our Ministers. The first Union Cabinet included
Jawaharlal, Sardar Patel, Maulana Azad, Ambedkar, Dr. John Mathai, etc. All of them had
competence and vision. How many of the present Union Ministry pass this test? Highly disgusted
with some inductions in the Union Cabinet in June 1988, the BJP President remarked : "There is
less and less concern for ability, the Cabinet has been turned into a waste-basket of rejected Chief
Ministers."6
REFERENCES
1. Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), p. 179.
2. J.C. Johari, Comparative. Politics (New Delhi, 1988), p. 492.
3. Stanley Kochanek, Business and Politics in India, p. 57.
4. Ramesh Thakur, The Government and Politics of India (Macmillan, 1995), p. 134.
5. Madhu Limaye, Cabinet Government in Inida (Delhi, 1989), p. 197. Chapter 34
THE SUPREME COURT OF INDIA
ORGANISATION AND POWERS
Under the Act of 1935, for the first time an All India Court, called the 'Federal Court of India'
was set up. It consisted of one Chief Justice and such other number of Judges as His Majesty
might deem necessary. When the new constitution came into force in 1950, the Indian Judicial
system was one of the best in the world. Inspite of Imperialism, the Judges had established finest
traditions of impartiability, independence and legal scholarship. The Judiciary had more or less
been Indianised, and the Indian Judges had won the respect and admiration of the most
distinguished jurists of the world. Their judgments compared favourably with those of the
English Judges and as the Earl of Selborne stated in the British Parliament: "Their decisions were
quite as good as those of English Judges in respect of their integrity, learning, knowledge and
soundness."
With the coming into force of the Indian Constitution, the Federal Court of India was substituted
by the Supreme Court. Under a Federal Constitution a Supreme Court is an essential part of the
constitutional scheme. It is at once the highest interpreter of the Constitution and a Tribunal for
the final determination of disputes between the Union and its constituent units. This is one of the
most important functions of the Supreme Court of India under the federal system established by
the Constitution. The Supreme Court of India, however, is more than a federal Supreme Court.
Under Article 32, it is made the protector of all the Fundamental Rights embodied in the
Constitution and it has to guard these rights jealously against every infringement at the hands of
either the Union Government or the State Governments. It is also an all India Supreme Appellate
Court having both criminal and civil jurisdictions. It gets not only the opportunity to interpret the
Constitution and the laws enacted by Parliament but also the laws passed by the various State
Legislatures. It stands at the apex of India's judicial hierarchy, with effective power to supervise
and control the working of the entire system and to ensure the realisation of the high judicial
standards that it might set as an integral part of the democratic system of government to be
established by the Constitution. The writ of the Supreme Court runs not only all over the country
but also within all fields of law, constitutional, civil and criminal.
Rajeev Dhawan, the eminent jurist observes, "Its predecessor Federal Court (1937-1950) decided
only 165 cases and 4 advisory references and sat for an average of 28 days a year during the 11
years of its existence. In its very first year, the Supreme Court attracted 1,304 cases which
expanded to 6,441 in 1960, 15,106 in 1970, 22,219 in 1980 and 26,283 in 1991. Its budget in
1950THE SUPREME COURT OF INDIA.... POWERS
427
was a mere 9 lakhs and now runs into crores. Starting with a strengh of 7, it now has 26
judges....."*
ORGANISATION OF THE SUPREME COURT Composition
The Supreme Court at present consists of the Chief Justice and 25 other Judges. In 1950, when
the Court was inaugurated with the new Constitution, it had only eight Judges. Parliament was,
however, authorised to change the number of its Judges. On account of the increase in its work
load, the strength of the Supreme Court judges has been raised from time to time. In 1956, the
Parliament passed the Supreme Court Number of Judges Act, which raised the total strength to
11. In 1960, the Supreme Court Number of Judges Amendment Act was passed further raising the
strength of the Court Judges to 14 including the Chief Justice. Its strength was further increased
to 18 in 1977.
Appointment
The Constitution provides that a Judge of the Supreme Court will be appointed by the President
in consultation with such of the Judges of the Supreme Court and of the High Court in the States
as the President may deem necessary for the purpose. In the case of appointment of a Judge other
than the Chief Justice, the Chief Justice of India must be consulted. In practice, the appointment
of the Chief Justice of India as well as of the other Judges of the Supreme Court is recommended
by the Home Ministry and after the matter has been examined by the Appointments Committee of
the Indian Cabinet and the decision received the blessings of the Prime Minister, it is formalised
by the Indian President.
For nearly two decades now, the judiciary has been embroiled in the controversy over who should
appoint or transfer judges. The issue seemed settled in 1993 when a nine-judge bench of the
Supreme Court said that the Chief Justice of India (CJI) held the key in all such matters. The
judgement still left a patch of grey area on whether the CJI could override his senior 'brothers' or
was merely the first among equals.
Former CJI M.M. Punchhi, who retired in October 1998, resolutely difended the first view,
bringing appointments to the Supreme Court and the High Courts to a standstill. However, in
October 1998, yet another nine-judge bench of the apex court headed by Justice S.P. Bhurucha,
finally overturned the retired CJI's interpretation. The bench has ordered that the collegium for
appointment to the Supreme Court should comprise the CJI and four senior-most judges of the
court. Thus the judgement makes the chief justice of India one among other judges in appointing
colleagues.
Recently, the President K.R. Narayanan put a note on a file recommending that Scheduled Caste
and Scheduled Tribe Candidates be duly considered for appointment as judges of the Supreme
Court. It is for the first time in the history of the Republic that a president has chosen to put his
suggestion on record. Though the President has no constitutional power to suggest any changes in
the selection process, his active intervention is bound to lead to an unseemly confrontation with
the judiciary.
Appointment of the Chief Justice : Politics of Supersession
Before 1973, the appointment of the Chief Justice had come to be automatic. The senior most
Judge of the Supreme Court was elevated to the highest428_______________________INDIAN
GOVERNMENT AND POLITICS________________
in April 1973 and Shri A.N. Ray was appointed Chief Justice superseding his three senior
colleagues. On the eve of a snap poll in March 1977, the Government made another appointment
out of turn. Mr. Justice H.R. Khanna was superseded and Mr. Justice M.H. Baig was appointed
the Chief Justice of India. This was obviously to suit the purpose of the executive because Justice
H.R. Khanna's ideas of right to life and liberty made the authority incomfortable.
The appointment of Justice A.N. Ray as the new Chief Justice of the Supreme Court of India,
apart from its ultimate impact upon future course of events, is significant for the following
reasons :
1. The announcement of the appointment dated April 25, 1973, at the retirement of Chief Justice
Sikri, was kept a secret until the final verdict of the Supreme Court on Keshavananda Bharti's
case came out. The announcement was made only on the previous day when Chief Justice Sikri
was to retire.
2. The appointment of Justice A.N. Ray in succession to Chief Justice Sikri was in supersession
of three judges who were senior to him.
3. By the action of the Government a long established practice of appointing the senior-most-
puisne Judge of the Supreme Court as the chief justice was done away with.
The supersession of the three senior Judges precipitated an unprecedented situation and in protest
aganist the decision the three superseded Judges resigned. The Calcutta edition of The Statesman
reported that the highest judicial body in the country had been involved in an unsavoury
controversy and its dignity had been seriously impaired. The Supreme Court Bar Association in a
resolution said that the action is purely political one and has no relation whatsoever to merits of
the appointment. M.C. Chagla said that it was, "the saddest day in the history of our free
institutions."3 The Delhi High Court Bar Association in a resolution described the Government's
action as an attempt "to make the Judiciary subservient to the Executive and to demoralise the
Judiciary."4
Defending the action of the Government on the floor of the Lok Sabha on May 2, 1973, Late Shri
Mohan Kumaramangalam said:5 (i) It was not an essential pre-condition to the proper working of
the democratic system that the Chief Justice should be appointed on the basis of seniority; (ii) It
would be odd to argue that a Judge prior to his appointment should be innocent of political views
or convictions; (iii) some knowledge of public affairs was an important qualification for his
appointment to the highest Court of the land; (iv) It was entirely within the discretion of the
Government of the Day to appoint the person considered by it the most suitable and as having the
most suitable philosophy or outlook.
In course of his speech, the Minister used certain words and phrases like "social philosophy and
politics of the Chief Justice", "Chief Justice who will help us in the Courts" etc. were unhappy in
their connotation.
An analysis of both the points of view reveals that the controversy is the result of a mutual
distrust. The Executive could not trust the three senior judges whose views on judicial review
with respect to the right to property were rigid and their attitude towards the Government was
known and frequently expressed. The Government, therefore, could not entrust anyone of these
Judges, with constituting the Constitution Bench to interpret the Constitution. Moreover, in Mr.
Justice Ray, the Government found a person who would upholdTHE SUPREME COURT OF INDIA....
POWERS
429
"The rights of society in respect of property" and would also uphold the personal liberties of its
citizens. He had not only shown "independence of thought and action,"but also "possessed
understanding of where the country was determined to go to transform itself."
Appointment of Ad hoc Judges
Our Constitution provides for the appointment of ad hoc judges. According to Article 127, if at
any time the session of the Supreme Court cannot be held or continued for want of a quorum, the
Chief Justice, with the prior consent of the President may make such appointments. An ex-judge
of the Supreme Court may also be requested by the Chief Justice to act as judge of the Supreme
Court. There is also a provision for the appointment of the Acting Chief Justice.
Qualifications
A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a
citizen of India and :
(a)
(b)
has been for at least five years a Judge of a High Court or of two or more such courts in
succession; or
has been for at least ten years an advocate of a High Court or of two or more such courts in
succession; or
(c) is, in the opinion of the President, a distinguished jurist.
The inclusion of the last provision which would enable the President to appoint a distinguished
jurist of the Supreme Court, even if he did not qualify by a specified number of years of practice
at the Bar, was intended to open a wider field of choice.
Tenure
No minimum age is prescribed for appointment as a Judge of the Supreme Court, nor any fixed
period of office. Once appointed, a Judge of the Supreme Court may cease to be so, on the
happening of any one of the following contingencies (other than death): (a) on attaining the age of
65 years; (b) on resigning his office by writing addressed to the president; (c) on being removed
by the President upon an address to that effect being passed by a special majority of each House
of Parliament.
Prohibition of Practice after Retirement
No person, who has held office as a Judge of the Supreme Court can plead or act in any court or
before any authority within the territory of India. But there is no constitutional prohibition against
a retired Judge being appointed for a specialised form of work by the Government.
Removal
A Judge of the Supreme Court can be removed from his position only on the ground of proved
misbehaviour or incapacity. He can be removed from his office by an order of the President
passed after an address from each House of Parliament, supported by a majority of the total
membership of that House and by a majority of not less than 2/3rds of the members present and
voting.
Remuneration
A Judge of the Supreme court gets a salary of Rs. 30,000 per mensem. The salary of the Chief
Justice is Rs. 33,000. In addition, each judge is also entitled to a free House and certain other
allowances and privileges. Neither the Salary,430
INDIAN GOVERNMENT AND POLITICS
vantage after his appointment. There is, however, one exception to this almost absolute rule. The
salaries of the Judges may be reduced by a law of Parliament during a grave financial emergency
proclaimed by the President.
Seat of Supreme Court
The Supreme Court ordinarily shall sit at Delhi but it can sit at such other places as the Chief
Justice of India may, with the approval of the President, from time to time decide. Why a
provision has been made for making the sittings of the court at a place other than Delhi possible
was justified by Dr. Ambedkar in the Constituent Assembly itself when he said, "Supposing the
capital of India was changed, we would have to amend the Constitution in order to allow the
Supreme Court to sit at such other place as the Parliament may decide as the capital. Therefore, I
think subsequent words are necessary."
SUPREME COURT AS A COURT OF RECORD
According to Article 129 of the Constitution, the Supreme Court shall be a Court of record and
shall have all powers of such a Court, including the power to punish for contempt of itself. A
Court of record obviously is one where the acts and Judicial proceedings are kept for memory and
testimony. As a court of record the Supreme Court has power to punish those who are adjudged
as guilty of contempt of court. The Court has taken up the cases for their contempt. In 1970, the
Supreme Court issued notices to the Union Minister of State Mr. Khadilkar for his comments in a
discussion organised at New Delhi to discuss Supreme Court judgment on Bank Nationalisation
Case. On a petition made by Krishna Rao, M.P., the Court felt that there was a prima facie of
contempt of Court against the Minister. Since the Minister assured the judiciary that he believed
in its independence, the matter was closed.
POWERS OF THE SUPREME COURT
OR THE JURISDICTION OF THE SUPREME COURT
The Supreme Court of India is a powerful body. It has been armed with wider powers than those
of the highest judicial authority in any other federation including the Supreme Court of the
U.S.A. Following the pattern of the federal court of India, the Supreme Court has original
jurisdiction, the Appellate Jurisdiction and the Advisory Jurisdiction.
Original Jurisdiction
Under Article 131, its exclusive original jurisdiction covers all disputes (i) between the
Government of India and one or more States; (ii) between the Government of India and any State
or States on the one side and one or more other States on the other, or (iii) between two or more
States inter se if and in so far as the dispute involves any question (whether of law or fact) on
which the existence or extent of a legal right depends. However, disputes arising out of the
provisions of treaties with the former Indian States or to which any such State is a party are
excluded from the Original Jurisdiction of the Supreme Court.
Appellate Jurisdiction
The Supreme Court is the highest court of appeal from all Courts in the territory of India, the
jurisdiction of the Judicial Committee of the Privy Council to hear appeals from India having
been abolished on the eve of the Constitution. The Appellate jurisdiction of the Supreme Court
may be divided under three heads: (i) Cases involving interpretation of the Constitution civil,
criminal orTHE SUPREME COURT OF INDIA .... POWERS
431
otherwise; (ii) Civil Cases, irrespective of any constitutional question; and (iii) Criminal Cases
irrespective of any constitutional question.
Apart from appeals to the Supreme Court by special leave of the Court under Article 36, an
appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of
a High Court in two classes of case—(a) Where the case involves a substantial question of law as
to the interpertation of the Constitution, an appeal shall lie to the Supreme Court on the certificate
of the High Court that such a question is involved or on the leave of the Supreme Court where the
High Court has refused to grant such a certificate but the Supreme Court is satisfied that a
substantial question of law as to the interpretation of the Constitution is involved in the case
(Article 132). (b) In case where no constitutional question is involved, appeal shall lie to the
Supreme Court if the High Court certifies that the following conditions are satisfied—(i) that the
case involves a substantial question of law; (ii) that in the opinion of the High Court the said
question should be decided by the Supreme Court [Article 133(i)].
Prior to the Constitution, there was no Court of criminal appeal over the High Courts. Article 134
of the Constitution for the first time provides for an appeal to the Supreme Court from any
judgment, final order or sentence in a criminal proceeding of a High Court, as of right, in two
specified classes of cases—(a) where the High Court has in an appeal reversed an order of
acquittal of an accused person and sentenced him to death; (b) where the High Court has
withdrawn for trial before itself any case from any Court subordinate to its authority and has in
such trial connected the accused and sentenced him to death. In these two classes of cases relating
to a sentence of death by the High Court, appeal lies to the Supreme Court as of right.
Besides the above two classes of cases, an appeal may lie to the Supreme Court in any criminal
case if the High Court certifies that the case is a fit one for appeal to the Supreme Court.
Appeal by Special Leave
While the Constitution provides for regular appeals to the Supreme Court from decisions of the
High Courts in Articles 132 to 134, there may still remain some cases where justice might require
the interference of the Supreme Court with decisions not only of the High Courts outside the
purview of Articles 132-134 but also of any other court or tribunal within the territory of India.
Such residuary power outside the ordinary law relating to appeal is conferred upon the Supreme
Court by Article 136. According to this Article: "Notwithstanding anything in this chapter the
Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any court or tribunal in
the territory of India."6
The special appellate power has become a handy weapon in the hands of the court to review the
decision of Election, Labour and Industrial Tribunals. According to M.V. Pylee, "Nevertheless,
the reach of Article 136 is indeed formidable. It has become a convenient instrument at the
disposal of the court to check arbitrary acts and unjust decisions of the ever-increasing number
ofINDIAN GOVERNMENT AND POLITICS
432^
Advisory Jurisdiction
The Advisory Jurisdiction of the Supreme Court is provided in Article 143 of the
Constitution. If, at any time, it appears to the President that a question of law or fact has
arisen or is likely to arise, which is of such a nature and of such public importance that it
is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question
to the Court for consideration and the Court may, after such hearing as it thinks fit, report
to the President its opinion thereon. The opinion of the Supreme Court is of course, not
binding on the President. There is, however, no constitutional compulsion for the Court to
give its advice. Upto 1978, there were seven cases of reference of this class made by the
President. The most prominent among these were: the Kerala Education Bill, the Indo-
Pak Agreement on the Beru Bari, Delhi Laws Act, 1912, Presidential Election, 1974. In
1992, the Cauvery Disputes Tribunal case is referred to the Supreme Court for its
opinion. In a landmark judgment in Ismail Faruqui us. Union of India (Ayodhya Dispute),
the five judge bench of the Supreme Court held that the Presidential reference seeking the
Supreme Court's opinion on whether a temple originally existed at the site where the
Babari Masjid subsequently stood was superfluous and does not require to be answered.
On July 22, 2004, the Central Government filed a Presidential Reference under Article
143 in the Supreme Court in the matter of construction of the Sutlej-Yamuna Link Canal,
seeking the court's opinion on the Punjab Government's enactment of the Punjab
Termination of Agreements Act, 2004.
The Act terminates all inter-State treaties/tribunal awards which are yet to be given
effect.
In his four-point reference, the President, A.P.J. Abdul Kalam, seeks to know whether the
Act is constitutionally valid and really discharges the State Government from the water
agreements. It affects the agreement on sharing of the waters of the—Ravi, Beas and
Sutlej—among Punjab, Haryana, Rajasthan and Himachal Pradesh. The matter is likely to
be referred to a Constitution Bench of the Supreme Court.
Writ Jurisdiction
The Supreme Court is the guardian of the liberties and Fundamental Rights of the citizens
of India. The Court can declare a law passed by any legislature null and void if it
encroaches upon the Fundamental Rights guaranteed to the people by the Constitution.
The Supreme Court can issue writs in the nature of Habeas Corpus and the like for the
enforcement of fundamental rights. The Supreme Court plays the role of a sentinel on the
'qui vive' so far as fundamental rights are concerned.
Custodian and Interpreter of the Constitutions
Like the Supreme Court of the U.S.A., the Supreme Court of India has been empowered
to review laws passed by the legislature and declare them ultra vires or unconstitutional if
they contravene any provision of the Constitution. It is for the Supreme Court to declare
what the provisions of the Constitution mean. In other words, the Supreme Court is the
custodian of the Constitution and the highest forum for its interpretation.
PROCEDURE OF THE SUPREME COURT
The Supreme Court has wide rule making powers in order to regulate its own procedure.
Cases involving interpretation of the Constitution are decided by a Bench of not less than
5 Judges, other cases may be heard by single judges.THE SUPREME COURT OF INDIA.... POWERS
433
All judgments are by majority vote and differing judges can give dissenting opinions. The trial is
open and judgments are delivered in open courts.
The law declared by the Supreme Court, is binding on all the courts in India and the decrees and
orders of the court are enforceable throughovit the country.
Appointments of officers and servants of the Siipreme Court are made by the Chief Justice of
India or such other Judge or officer of the court as he may direct. The condition of service of
officers and servants of the Supreme Court are prescribed by rules made by the chief Justice, as
they are approved by the President.
The administrative expenses of the Supreme Court, including all salaries, allowances and
pensions, payable to the officers and servants of the courts are charged upon the consolidated
fund of India.
INDEPENDENCE OF THE JUDICIARY
The Constitution has made due provisions for ensuring the independence and impartiality of the
Supreme Court and to place it beyond executive or legislative interference or influence. In this
context following provisions are very important:
1. Judges are appointed by the President of India. The President shall in this matter consult such
judges of the Supreme Court and High Courts as he may deem necessary.
2. The elimination of Politics in the appointment of judges is further achieved by prescribing
high minimum qualifications in the Constitution itself.
3. The Constitution provides high retiring age for the judges. Once appointed, they can hold
office until they complete the age of 65 years.
4. Once appointed the judges cannot be removed except through a very difficult process. The
only grounds upon which such removal may take place are: (i) proved misbehaviour, and (ii)
incapacity.
5. Besides, the salaries of the judges and the administrative expenses of the Supreme Court are
charged on the Consolidated Fund of India and are not subject to the vote of Parliament.
6. The independence of the Court is further safeguarded by the provision that the actions and
decisions of the judges in their official capacity are immune from criticism in the sense that no
motive may be imputed to them. Even Parliament cannot discuss the conduct of a judge except
when a resolution for his removal is being considered.
7. Finally, the Supreme Court has its own establishment over which it has complete control. The
court determines the terms of service of its officers and servants and appointments are made by
the Chief Justice.
Judiciary under Attack
In the words of Chief Justice P.N. Bhagwati, "The Judiciary is under attack. The rule of law is in
danger." The threat is real and the danger is growing. The Judiciary in India is under attack on
various grounds:
1. Even 57 years after independence there is no sign of the speedy, inexpensive justice which the
Founding Fathers of the Republic envisaged. The Supreme Court alone now has 22,145 cases
pending before it. The number of such cases in different High Courts is more than 3.5 million at
the end of 2000.434_____________^M^iyO^M^ilA^PiM!??
________________
courts. The stage we have reached is best illustrated by the Allahabad High Court which
has been clearing cases at a leisurely pace of 1,076 every year according to a recent Law
Ministry study. And yet in 2000, the last figures available, its backlog grew by 8,42,956
cases. At this disposal rate, the cases filed in 1988 will not be cleared even by 2035 A.D.
Regretably, the existing judge strength gets further reduced when judicial vacancies are
not promptly filled up. For instance, until the end of May, 2001, the Supreme Court had
only 24 Judges, including its Chief Justice, against the authorised strength of 26.
Similarly, the total number of Judges in different High Courts on May 31, 2001 was 460
against the sanctioned complement of 647. These vacancies remain unfilled despite the
Supreme Court's directive to the centre. The filling of vacancies in the district and
subordinate courts is the responsibility of the State Governments and the High Courts
concerned and as on May 31, 2001 more than 1,500 vacancies exist at various levels as
against the sanctioned strength of 12,205 presiding officers.7 While the Law Commission
suggests multiplying the number of judges in the country, the fact remains that it is
difficult even to fill the existing vacancies with competent people. Tussels between the
Chief Minister and the Chief Justice often delay appointments.
Some people even fear that a time may come when disputes will be settled through extra-
judicial means, as has happened in certain areas of Bihar.
2. Many people have noticed during the past few years that influential figures manage to
get speedy justice even while millions of poor people remain waiting for years on end for
their petitions to be heard and injustices redressed. Taking up the issue forcefully, about
60 lawyers of the Supreme Court made a representation to the Chief Justice of India in
October 1989 expressing alarm over certain "disquieting developments in the court in
recent times which have shaken the confidence of the people in the will and ability of the
Court to dispense equal justice to all citizens of this country."
While on the one hand, says the representation, humble citizens have been rendered
homeless and continue to languish in jails because of the inability of the Supreme Court
to hear their cases, there are a growing number of extraordinary cases of the rich and
powerful which are being heard and orders passed with such expedition that the Court has
to sit at home, even on public holidays, f
to do so. The bail application of a leading industrialist was heard late in the evening at a
judge's residence. Some years ago, blanket orders were issued restraining any court to
start proceedings in connection with a Reliance Company case. In the Nusli Wadia
murder conspiracy case the petition was enter- ; tained on the same date on which it
was filed. The extra-ordinary expediency * shown in a recent Larson and Tourbo
debenture case was described as 'shocking'. Former Law Minister P. Shiv Shanker
conceded in 1987: "The Supreme Court composed of the elite class had their unconcealed
sympathy for the haves—the zamindars, Anti-social elements, FERA violaters, bride
burners and a horde of reactionaries have found their heaven in the Supreme Court." 3.
The Judiciary has failed to discharge the duty cast on it by the Constitution to implement
social justice. The best illustration of this is the judgment in the Minerva Mills case
where the majority gave a very conservative interpretation of the relationship between the
Fundamental Rights and the Directive Principles of State Policy. It does not stand to
reason how, in the conditions obtaining in India, the Directive Principles incorporating
the essence of socialTHE SUPREME COURT OF INDIA.... POWERS
435
justice could be submitted to the Fundamental Rights which, unfortunately, are still available to
the privileged few.
4. M.C. Setalvad considered the first nine years of the Supreme Court as its halcyon days. After
the retirement of S.R. Das, in his opinion, the court's slide-down had begun. During the
emergency the Judiciary like all other institutions, faced its severest test. Many High Courts came
out of this ordeal with flying colours. They bravely fulfilled their primary duty of defending the
liberties of the people. But when the matter went upto the Supreme Court, the highest Court
which Mahatma Gandhi had hoped would act as the palladium of Liberty, let the people down
badly. When the Supreme Court turned its back on justice and liberty and handed down a
judgment debarring all Habeas Corpus petitions at the threshold as long as the Presidential order
under Article 359 suspending enforcement of fundamental rights remained operative, it not only
forfeited its claim to be the palladium of Liberty, but gave its legal sanction to Indira Gandhi's
authoritarian rule and destruction of democracy. Only H.R. Khanna's dissent was like a beacon
light. But its effect was dimmed by censorship. When the time came he was superseded as a
matter of course, and he had no choice but to resign. A'Committed Judge' was appointed Chief
Justice.
5. The temptation of appointment as Member of a Commission of Inquiry is great among our
judges. This often colours the judgment of our judges. They like to be on the right side of the
executive. They are afraid to hold against the Government. Gajendragadkar was undoubtedly a
learned judge. But he craved recognition by the Government. He also expected to be appointed as
Member of a Commission. Once he simultaneously held two commissions. This lowered him and
the judges of the Supreme Court in the esteem of the people.
6. It is true that the Supreme Court gave some landmark decisions on civil liberty in Romesh
Thapar, Ram Manohar Lohia, Madhu Limaye and other cases, but it is incontrovertible that the
inclination of the Supreme Court has been to uphold private property more than civil liberty. The
ideal that the court system must secure justice "impartially with a minimum of chicanery and
obfuscation" was frustrated by the handling in of decisions in Golak Nath, Bank Nationalisation
and Privy Purses matters. The aforesaid judgments were undoubtedly heavily weighted in favour
of private property.
7. Another disease had infiltrated the 'Judicialese'. Manyjudges, even after reserving the
judgments, were not pronouncing them for a long time. "The Supreme Court is the worst sinner,
taking years to deliver its pronouncements." High Court judges follow the Supreme Court judges
and imitate the virtue of years long deliberations over arguments made long ago.
Patna High Court Chief Justice B.C. Basak visited New Delhi in May 1992 and called on senior
officials in the Law Ministry. The man was badly shaken. His life was in danger, he said. He had
been threatened. The threat, he complained, had come from none other than Bihar Chief Minister
Laloo Prasad Yadav. The Chief Minister was advocating one set of names for appointment as
judges while Justice Basak was firm on another. Obviously the stakes were high. So high that the
guardian of the law was seeking protection for himself.
The Supreme Court was attacked when it pronounced its famous judgment in Golak Nath's Case
(1967). The Government responded through the 24th amendment to the Constitution. When the
Court propounded the 'Doctrine of Basic Structure' in Keshavananda Bharti's case, the
Government responded with the supersession of justice Shelat, Hegde and Grover in April 1973.
There_ INDIAN GOVERNMENT AND POLITICS
___.....,,L-,MI nwu rULM lUb

superseded in early 1977 for his courageous dissent in Habeas Corpus case. Not long
ago, Mr. Z.A. Ansari, Minister of State for Environment, strongly denounced the
Supreme Court judgment in Shaha Bano's case on the floor of the House. These attacks
on the judiciary are highly objectionable because an attack on a judge is virtually an
attack on the entire constitutional fabric.8
An entire nation was in a tizzy when Justice V. Ramaswamy was accused of financial
impropriety. Four Bombay judges being boycotted by a bar that had lost faith in them.
The Income Tax Department has initiated an inquiry against B.N. Mishra, Chief Justice
of Sikkim High Court.9
The then Chief Justice of India, Mr. J. S. Verma, very recently observed that "the judges
of the Supreme Court were under pressure to withdraw from the bench hearing the Jain
hawala case."1 The Chief Justice has said that "people are trying to reach us" and "we are
getting all types of call." The tactic is anything but cheap. It is dangerous. What the
Supreme Court is alleging is that persons, obviously in high echelons of the political
hierarchy, were trying to subvert the judicial process and pressurise the judges.
Mrs. Gandhi pioneered the operation to take over the judiciary. She superseded those
who opposed her. Sixteen judges were transferred during the Emergency and another 40
were to follow suit when she was ousted. Ironically, the move obtained the sanction of
the Supreme Court following its controversial verdict in the judges'transfer case (S.P.
Gupta vs. Union of India, 1982). The court ruled that since the President was the ultimate
appointing authority and was bound by the advice of his Council of Ministers, these
ministers had the last word in the appointment and transfer of judges. Now politicians
don't hesitate to use their new found power to pack the judiciary with their own men.
Position of The Supreme Court compared with the American Supreme Court
How does the Indian Supreme Court compare with its counterpart in the United States? It
can be quickly seen that the original Jurisdiction of the American Supreme Court is wider
than that of India, although its Appellate jurisdiction is wider than that of America.
While, in India appeals can lie in civil, criminal and constitutional matters, in the United
States of America, there are no appeals in civil and criminal matters. In India, there is
only a single set of codes. There are no separate state offences, nor separate state courts.
There are no Federal Immunities or guarantees. In the United States there are separate
state courts, whose decisions the Supreme Court hesitates to overrule. In Australia, the
appeals from the State Supreme Court lie not to the Federal Court, but to the Privy
Council. In India, the Supreme Court is the master. It has the power to declare any law,
whether of the Centre or of the State, invalid, j
if it is repugnant to a provision of the Constitution. The entire Constitution of \ India
is subject to review by the Supreme Court. Again, while in the United States, the
Supreme Court has no Advisory jurisdiction, in India it has. Another great difference
between the two courts is that while the American Supreme Court can declare law
unconstitutional on the ground that it does not satisfy the requirements of the Due Process
of Law, in India, there is no such clause. The Indian Supreme Court can declare only that
law as ultra vires, which is not within the Legislative competence of the State legislature
or of the Parliament. The Indian Constitution guarantees trial "according to procedure
estab- I lished by law" and has, thus relieved the Supreme Court of a tremendous
i
amount of work which the prototype in the United States has to do in interpreting the due
process of law.

I
437
THE SUPREME COURT OF INDIA.... POWERS

Conclusions
Alladi Krishnaswamy Aiyer once described the Indian Supreme Court as having "more powers
than any other Supreme Court in any part of the world." In fact, its powers are impressive and
formidable. It is the ultimate interpreter of the Constitution. Under its original jurisdiction, it
finally settles all disputes between the States and the Union or those between the States
themselves. Its appellate jurisdiction embraces not only constitutional but also civil and criminal
matters. Above all, it is the protector of the Fundamental Rights guaranteed under the
Constitution.
As a watchdog of the Constitution, the Supreme Court has exhibited boldness, fearlessness and
independence in the discharge of its functions. It has declared null and void various laws and
executive orders. The annulment of ordinance on Bank Nationalisation and privy purses is clearly
indicative of its boldness and integrity of purpose. Uncharitable critics have called it as citedal or
reaction since it has opposed progressive legislation quite out of tune with the needs of the
country. But the fact remains that the Supreme Covirt is not concerned with the fact whether a
particular legislation or an executive order is good or bad. It is only concerned with the fact
whether the same is within the framework of the Constitution or not.
REFERENCES
1. Rajeev Dhawan, "India's Supreme Court : 1947-97" The. Hidustan Times, January 26, 1997, p. III.
2. The Hindustan Times, April 27, 1973.
3. Ibid., April 28, 1973.
4. Ibid.
5. L<>k Sabha Debates, May 2, 1973.
6. Constitution of India, Article 136.
7. The Hindu, May 30, 2001, p. 9.
8. S.L. Sikri, Indian Government and Politics (New Delhi, 1989), p. 209.
9. India Today, June 30, 1992, pp. 92-95.
10. The Hindustan Times (New Delhi), July 15 & 16, 1997.
11. India Today, June 30, 1993, p. 91.
12. Durga Das Basu, Introduction to the Constitution of India (New Delhi, 1989), p. 267. Chapter 35
JUDICIAL REVIEW IN INDIA
The power of Judiciary to review and determine validity of a law or an order may be described as
the power of 'Judicial Review'. It means that the Constitution is the supreme law of the land and
any law inconsistent therewith is void. The term refers to "the power of a court to inquire whether
a law, executive order or other official action conflicts with the written constitution, and if the
court concludes that it does, to declare it unconstitutional and void." In other words, judicial
review is the power exerted by the courts of a country to examine the actions of the legislative,
executive and administrative arms of government and to ensure that such actions conform to the
provisions of the nation's constitution. The institution of judicial review is predicated upon the
existence of a written constitution that is also rigid in the sense of being changeable only by some
extraordinary process, usually requiring some special legislative or popular majorities. Normally,
though not invariably, judicial review is associated also with a federal constitution, involving
division of legislative powers between a Central Government and member States and with a bill
of rights or some other system of fundamental limitation in law making powers.
Judicial review has two prime functions: (1) Legitimising government action; and (2) to protect
the Constitution against any undue encroachment by the government.
The most distinctive feature of the work of United States Supreme Court is its power of judicial
review. As guardian of the Constitution, the Supreme Court has to review the laws and executive
orders to ensure that they do not violate the Constitution of the country and the valid laws passed
by the Congress. The Constitution of the United States makes no specific mention of the power of
judicial review. It was acquired by the Court early in the 19th century and has, since then, been
copied by several countries, including our own. The power of judicial review was first acquired
by the Supreme Court in Marbury vs. Madison case, 1803. Chief Justice Marshall, while
announcing the Court verdict in Supreme Court, under the Constitution, possessed the power to
hold federal laws void when they violate the fundamental law of the country. The Court did not
attempt to declare any other law void till 1857, but the power has been frequently used thereafter.
The American federal judiciary assumed a power that grow more and more formidable in due
course so much so that the outstretchal authority of the courts covered even those legislative and
administrative measures that were made by the state governments. Judicial supremacy is not a
fact and the Court has been called 'third chamber' because it can upset decisions of the two
chambers of the, Congress. The Supreme Court is not only the guardian of the Constitution, but it
is also interpreter of the fundamental law. It has helped in the growth of the Constitution. It has
been described as continuous constitution convention, because it continues to expand the
Constitution.JUDICIAL REVIEW IN INDIA
439
JUDICIAL REVIEW IN INDIA
The Constitution of India, in this respect, is more akin to the U.S. Constitution than the British. In
Britain, the doctrine of parliamentary supremacy still holds good. No court of law there can
declare a parliamentary enactment invalid. On the contrary, every court is constrained to enforce
every provision of the law of Parliament. Under the Constitution of India Parliament is not
supreme. Its powers are limited in the two ways. First, there is the division of powers between the
Union and the States. Parliament is competent to pass laws only with respect to those subjects
which are guaranteed to the citizens against every form of legislative encroachment. Being the
guardian of the Fundamental Rights and the arbiter of constitutional conflicts between the Union
and the States with respect to the division of powers between them, the Supreme Court stands in a
unique position wherefrom it is competent to exercise the power of reviewing legislative
enactments both of Parliament and the State legislatures. This is what makes the court a powerful
instrument of judicial review under the Constitution. As Dr. M.P. Jain has rightly observed: "The
doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the
Constitution." As the Supreme Court emphasized in 'Gopalan': "In India it is the Constitution that
is supreme" and that a "Statue law to be valid, must in all cases be in conformity with the
constitutional requirements and it is for the judiciary to decide whether any enactment is
constitutional or not and if a legislature transgresses any constitutional limits, the Court has to
declare the law unconstitutional, for the Court is bound by its oath to uphold the Constitution."
Therefore, the courts in India cannot be accused of usurping the function of constitutional
adjudication; it is a function which has been imposed on them by the Constitution.
DOCTRINE OF JUDICIAL REVIEW UNDER THE CONSTITUTION
In the framework of a constitution which guarantees individual fundamental rights, divides power
between the Union and the States and clearly defines and delimits the powers and functions of
every organ of the state including the Parliament, judiciary plays a very important role under their
powers of judicial review.
The power of judicial review of legislation is given to the judiciary both by the political theory
and text of the Constitution. There are several specific provisions in the Indian Constitution
guaranteeing judicial review of legislation such as Article 13, 32, 131-136, 143, 226, 145, 246,
251, 254 and 372. Article 372(1) establishes the judicial review of the pre-constitution legislation
similarly, Article 13 specifically declares that any law which contravenes any of the provisions of
the part of Fundamental Rights shall be void. Even our Supreme Court has observed, even
without the specific provision in Article 13, the Court would have the power to declare any
enactment which transgresses a fundamental right as invalid. The Supreme and High Courts are
constituted the protector and guarantor of fundamental rights under Articles 32 and 226. Articles
251 and 254 say that in case if inconsistency between Union and State laws, the State law shall be
void. Article 246(3) expressly provides that in the State List, the State Legislatures have
'exclusive' powers while Article 245 makes the powers of both Parliament and State Legislatures
subject to the provisions of the Constitution.
The constitutional validity of a law can be challenged in India on the ground that the subject-
matter of the legislation:
(a) is not within the competence of the legislature which has passed it,
(b) is repugnant to the provisions of the Constitution, or440
INDIAN GOVERNMENT AND POLITICS
and the Union and while so adjudicating, the courts may be required to interpret the provisions of
the Constitution and the laws, and, the interpretation given by the Supreme Court becomes the
law honoured by all courts of the land. There is no appeal against the judgment of the Supreme
Court.
JUDICIAL REVIEW OF THE CONSTITUTIONAL AMENDMENTS
It is true that there is no express provision in our Constitution empowering the courts to invalidate
laws, but the Constitution has imposed definite limitations upon each of the organs, and by
transgression of those limitations would make the law void. It is for the courts to decide whether
any of the constitutional limitations has been transgressed or not, because the Constitution is the
organic law subject to which constitutional amendments and ordinary laws are made by the
legislature which itself is set up by the Constitution.
In Shankari Prasad vs. Union of India (1951), the First Amendment Act of 1951 was challenged
before the Supreme Court on the ground that the said Act abridged the right to property and that it
could not be done as there was a restriction on the amendment of Fundamental Rights under
Article 13 (2). The Supreme Court rejected the contention and unanimously held, "The terms of
Article 368 are perfectly general and empower Parliament to amend the Constitution without any
exception whatever. In the context of Article 13, 'law' must be taken to mean rules or regulations
made in exercise of ordinary legislative power and amendments to the Constitution made in
exercise of constituent power, with the result that Article 13(2) does not affect amendments made
under Article 368."
In Sajjan Singh's Case (1964), the competence of Parliament to enact 17th amendment was
challenged before the Constitution Bench comprising of five judges on the ground that it violated
the Fundamental Rights under Article 31 (A). Supreme Court reiterated its earlier stand taken in
Shankari Prasad's case and held, "When Article 368 confers on Parliament the right to amend the
Constitution the power in question can be exercised over all the provisions of
the Constitution.......it would be unreasonable to hold that the word 'Law' in
Article 13(2) takes in amendment Acts passed under Article 368."
Thus, until 1967, the Supreme Court held that the Amendment Acts were not ordinary laws, and
covild not be struck down by the application of Article 13(2).
The historic case of Golak Nath vs. The State of Punjab (1967) was heard by a special bench of
11 Judges as the validity of three constitutional amendments (1st, 4th and 17th) was challenged.
The Supreme Court by a majority of 6 to 5 reversed its earlier decision and declared that
Parliament under Article 368 has no power to take away or abridge the Fundamental Rights
contained in Chapter III of the Constitution. The court observed:
1. Article 368 only provides a procedure to be followed regarding amendment of the
Constitution.
2. Article 368 does not contain the actual power to amend the Constitution.
3. The power to amend the Constitution is derived from Articles 245, 246 and 248 and entry 97
of the Union List.
4. The expression 'law' as defined in Article 13(3) includes not only the law made by the
Parliament in exercise of its ordinary legislative power but also an amendment of the Constitution
made in exercise of its constituent power.
5. The amendment of the Constitution being a law within the meaning of Article 13(3), would
be void under Article 13(2) if it takes away or abridges the rights conferred by Part III of the
Constitution.JUDICIAL REVIEW IN INDIA
441
6. The First Amendment Act, 1951, the Fourth Amendment Act, 1955 and the Seventeenth
Amendment Act, 1964, abridge the scope of Fundamental Rights and, therefore, void under
article 13(2) of the Constitution. On the application of the doctrine of 'progressive
overruling' the decision of the Court will have only prospective operation and hence the aforesaid
three amendment acts will continue to be valid.
7. Parliament will have no power from the date of the decision to amend any of the provisions of
Part III of the Constitution so as to take away or abridge the Fundamental Rights enshrined
therein.
The constitutional validity of the Twenty-fourth, Twenty-fifth and Twenty-ninth Amendments
was challenged in the Fundamental Rights Case (Keshavananda Bharti us. State of Kerala, 1973).
The Government of India claimed that it had the right as a matter of law to change or destroy the
entire fabric of the Constitution through the instrumentality of Parliament's amending power. The
Court held:
1. Parliament's amending power is limited. While Parliament is entitled to abridge any
fundamental right or amend any provision of the Constitution, the amending power does not
extend to damaging or destroying any of the essential features of the Constitution. The
fundamental rights are among the essential features of the Constitution, therefore, while they may
be abridged, the abridgement cannot extend to the point of damage to or destruction of their core.
2. Article 31C is void since it takes away invaluable fundamental rights, even those unconnected
with property.
The election appeal of the Prime Minister was disposed of on November 7, 1975 and the relevant
portion of the 39th Amendment was held invalid on the basis of Kesavananda's case.
In Minerva Mills Case (1980), the Supreme Court by a majority decision has struck down section
4 of the 42nd Amendment Act, which gave preponderance to the Directive Principles over
Articles 14, 19 and 31 of Part III of the Constitution, on the ground that Part III and Part IV of the
Constitution are equally important and absolute primacy of one over the other is not permissible
as that would disturb the harmony of the Constitution. The Supreme Court was convinced that
'anything that destroys' the balance between the two part will ipso facto destroy an essential
element of the basic structure of our Constitution.
Judicial Review of Legislative Enactments and Ordinances
One of the First major case (A.K. Gopalan vs. State of Madras, 1951) that came up before the
Supreme Court in which the Preventive Detention Act, 1950 was challenged as invalid. The
Court by an unanimous decision declared section 14 of the Act invalid and thus manifested its
competence to declare void any parliamentary enactment repugnant to the provisions of the
Constitution. Since then, the Court has had many occasions to declare central or state legislations
invalid either wholly or partly.3 In Champakam Dorairajan's case, the Supreme Court held that
the order of the state government fixing proportionate scales for different communities for
admission to medical colleges was unconstitutional. The Patna High Court in the Bihar Zamindari
case declared that the Bihar Land Reforms Act, 1950 was unconstitutional. The Court has also
struck down Kerala Agrarian Reforms Act, 1961, Madras Land Reforms Act, 1961 and the
Rajasthan Tenancy Act, 1955. In 1970, the Supreme Court declared Bank Nationalisation
Ordinance as unconstitutional. The Presidential Order — :„:„„ rvi,,,, Purses was also challenged
in the Supreme Court which442
INDIAN GOVERNMENT AND POLITICS
ment passed as many as 1977 Acts (excluding Amendments) and out of them, the Supreme Court
invalidated laws passed on 22 occasions.
Principles of Judicial Review
Justice V.S. Deshpande in his celebrated book propounded a thesis that Judicial review of
legislation in India should rest merely on Article 245(1) and not on Article 13. According to him,
Article 245(1) interpreted broadly would ensure the supremacy of the Constitution over all kinds
of laws.4
Thus, a law to be valid must conform with the constitutional norms. The grave responsibility of
deciding upon the validity of laws, is laid upon the judges of the Supreme Court. If a statue is not
within the scope of legislative authority or it offends some constitutional restriction or
prohibition, that statue is unconstitutional and hence invalid. The statue is not held
unconstitutional by the court in a light vein. Both the 'felt necessities of the time'and
'constitutional fundamentals', are balanced by the Court. Accordingly, the Supreme Court has
evolved certain canons, maxims and norms. H.M. Seervai has enumerated following rules in this
regard:5
1. There is a presumption in favour of constitutionality, and a law will not be declared
unconstitutional unless the case is so clear as to be free from doubt; and the onus to prove that it
is unconstitutional lies upon the person who challenges it.
2. Where the validity of a statue is questioned and there are two interpretations, one of which
would make the law valid, and the other void, the former must be preferred and the validity of the
law upheld.
3. The Court will not decide constitutional questions if a case is capable of being decided on
other grounds.
4. The Court will not decide a larger constitutional question than is required by the case before
it.
5. The Court will not hear an objection as to the constitutionality of a law by a person whose
rights are not affected by it.
6. Ordinarily, Courts should not pronounce on the validity of an Act or part of an Act, which has
not been brought into force, because till then the question of validity would be merely academic.
The Indian Supreme Court unlike the U.S. Supreme Court is not a Third Chamber
The Scope of Judicial Review in India is somewhat circumscribed as compared to that in the
U.S.A. In India, the fundamental rights are not so broadly worded as in the U.S.A. and limitations
thereon have been stated in the Constitution itself and this task has not been left to the Courts.
The Constitution makers adotped this strategy as they felt that the Courts might find it difficult to
work out the limitations on the fundamental rights and the same better be laid down in the
Constitution itself. The Constitution makers also felt that the Judiciary should not be raised at the
level of'super legislature', whatever the justification for the methodology adopted by the
Constitution makers, the inevitable result of this has been to restrict the range of judicial review
in India.
It must, however, be conceded that the American Supreme Court has construed its power to
interpret the Constitution liberally and has made so thorough a use of the 'due process of law'
clause that it has become more than a mere interpreter of law. It has, in fact come to occupy the
position of a maker of law and has been correctly described as a 'third chamber'of the legislature;
indeed, as a super legislature. Of course, the U.S. Supreme Court has assumed this position, it has
not been specifically conferred upon it by the Constitution. Like the American Supreme Court,
the Supreme Court of India enjoys the powerJUDICIAL REVIEW IN INDIA
443
of judicial review and this power has been specially recognised by the Constitution. However, its
authority in relation to 'judicial review' of legislation is more restricted than that of the American
Supreme Court. The framers of the Indian Constitution took good care not to embody the 'due
process of law' clause in the Constitution, on the contrary, the Indian Constitution refers to
'procedure established by law'. Consequently, there has been no scope for the development of
'judicial supremacy' in India. The Indian Judiciary, according to Alexandrowicz, "is not
conceived as an additional constitution maker but as a body to apply express law." It can
invalidate laws if they violate provisions of the Constitution but not on the ground that they are
bad laws. In other words, the Indian Judiciary including the Supreme Court is not a Third
Chamber claiming the power to sit in Judgment on the policy embodied in the legislation passed
by the legislature.
Judicial Review in India : An Assessment
During the first decade, the Court was very reluctant to declare any parliamentary enactment
invalid. In fact, during the first decade of the Constitution the Supreme Court declared invalid
only one of a total 694 Acts passed by Parliament. In fact, whenever it did so it did with great
caution and hesitation. That position had undergone considerable.change during the second
decade, especially during its second half. The Golak Nath decision marks the height of that
tendency. That decision in effect told Parliament that it was only a mere 'creature' of the
Constitution and as such it could not amend Fundamental Rights which are of a transcendental
character.6
Although it is said that the Indian Constitution does not afford the same scope of judicial
creativity to the courts as does the U.S. Constitution. Inspite of all this, the Supreme Court does
play a significant role in the Indian Constitutional process. Since the commencement of the
Constitution, the Supreme Court has rendered hundreds of decisions expounding various
provisions of the Constitution, and thus, a distinct constitutional jurisprudence has come into
existence. In many cases, the Supreme Court has displayed judicial creativity of a high order. The
high watermark of such judicial creativity in India has been reached in such landmark cases as
Golak Nath, Keshavanan-da Bharti and Menka Gandhi. In these cases, the role of the Supreme
Court is comparable to being constituent or constitution making.
The Court's judgment in Golak Nath, Bank Nationalisation and Privy Purses were in favour of
private property. Then Indira Gandhi developed a deep antipathy towards the Higher Courts. She
became convinced that the Courts had lined up with the right wing opposition and was
determined to obstruct her socio-economic programme. Her advisers were able to take advantage
of the situation to propagate their doctrine of'committed judges'. They persuaded Mrs. Gandhi
that it was necessry to clip the wings of the judiciary. The supersession of Judges followed in
1973 and 1977. The choice of A. N. Ray and M.H. Baig was not inspired by consideration of
superior merit or judicial ability.
REFERENCES
1. Redford and others, Politics and Government in the United States, p. 500.
2. M.V. Pylee, Constitutional Government in India (New Delhi, 1984), p. 376.
3. Ibid., p. 381.
4. V.S. Deshpande, Judicial Review of Legislation (New Delhi, 1977), p. 48.
5. H. M. Seervai, Constitutional Law of India (1975), pp. 54-57.

I Chapter 36

JUDICIAL ACTIVISM IN INDIA

In the recent past, the Supreme Court has become the centre of controversy on account of the
sudden outburst in the level of 'Judicial activism.' The issue has been put on the national agenda.
Judicial activism has been criticised by politicians and some constitutional experts while it has
been warmly welcomed generally by lawyers and the public.
In a country, hit by rampant corruption and constant erosion of democratic norms, the Supreme
Court orders and judgements during 1996 came like a breath of fresh air. The Cdurt in Jain
hawala, Chandraswami and the environmental degradation cases, exercised jurisdiction with
courage, creativity and circumspection giving proof of vision, vigilance and practical wisdom.
By sensitising the Central Bureau of Investigation (CBI) and other Central Investigating Agencies
to the need to perform their constitutional obligations, the apex Court exposed magnitude of
corruption in high places, particularly in the housing scandal, fodder scam, Lakhubhai Pathak
cheating and St. Kitts forgery cases.
Meaning
It is felt that the Judiciary for some years has been overwilling to jump into the arena of executive
or legislative functions. There appears to be a general agreement that in recent years the Indian
Supreme Court has brought out more far reaching changes than the legislature and executive
combined. Judicial activism, in fact, is not a distinctly separate concept from usual judicial
activities. The expression 'activism', lexically as well as in ordinary parlance, means 'being
active', 'doing things with decision' and the expression 'activist' should mean 'one who favours
intensified activities'. In this sense every judge is, or at least, should be an activist, as Justice
Krishna Iyer observed, "Every judge is an activist either on the forward gear or on the reverse."
Judicial policy making can be either an activity in support of the legislative and executive policy
choices or in opposition to them. But, it is the latter pattern of activity that is usually styled as
judicial activism and not policy making as such. Judicial activism is policy making in competition
with policy making by the legislature and executive. The essence of true Judicial activism is the
rendering of decisions which are in tune with the temper and tempo of the times.
Activism is judicial policy making which furthers the cause of social change or articulates
concepts such as liberty, equality or justice. Activism counters the traditional concept that
judiciary is a mere umpire; it on the contrary, should work as an active catalyst in the
constitutional scheme. It has to be an arm ofJUDICIAL ACTIVISM IN INDIA
445
the social revolution. An activist Judge activates the legal mechanism and makes it play a vital
role in socio-economic process.
"Government by Judiciary," Fehrendbacher writes, "is now, in a sense democracy's non-
democratic alternative to representative government when the later bogs down in failure or
inaction. According to Upendra Baxi, if the executive or legislature defaults on its legal and
constitutional obligations, courts cannot for long take a view that violations of rights involved in
such defaults are of no concerns to them. What, therefore, emerges is that province of judicial
function can be construed only in the context of the work being done by the other branches of the
Constitution.
Causes
Ideally, Parliament and the executive are the custodians of honest public life. They should,
indeed, remove the mask which the corrupt wear and they are the ones who should initiate action
against those who steal, cheat or deceive. But when the custodians themselves compromise with
corruption or politicise it, the judiciary has to step in. This is what has happened.
The hawala diaries would have accumulated dust in the archives of CBI if the Supreme Court had
not forced the agency to take action against the recipients of illegal money. Again, it was the
Supreme Court which goaded and prodded the CBI to push the proceedings.
The concept of judicial activism can be seen to be reflecting from the following trends namely :
expansion of rights of hearing in the administrative process; excessive delegation without
limitation, expansion of judicial control over discretionary powers; expansion of judicial review
over the administration; promotion of open government; indiscriminate exercise of contempt
power; exercise of jurisdiction when non-exist; over extending the standard rules of interpretation
in its search to achieve economic, social and educational objectives; and passing of orders which
are per se unworkable.
Evolution
Judicial activism did not visit the High Courts and the Supreme Court for the first three decades
of independence. In the first decade, with political stalwarts running the executive, and
Parliament functioning with shine, the judiciary was understandably inclined to go along,with the
executive to the farthest extent possible. In the 50s through half of the 70s, the Supreme Court on
the whole adopted a judicial and structural view of the Constitution. The Emergency reduced the
apex court and High Courts virtually to an arm of the authoritarian executive. However, two years
before the declaration of the Emergency, the Supreme Court had handed down the famous
decision in the Keshavananda Bharti case that the Executive had no right to tamper with the
Constitution and alter its basic features. But it remained a passive spectator when Mrs. Gandhi
did exactly that. After the end of the Emergency, the Supreme Court and also some of the High
Courts began to show signs of judicial activism. They began to intervene in executive as well as
legislative areas albeit cautiously.
The first major case of judicial activism through social action litigation was the Bihar undertrials
case. Then in 1980, two Professors of law made a letter to the Editor, Indian Express describing
barbaric conditions of detention in the Aera Protective Home, the basis for a writ petition under
Article 21. This was446
INDIAN GOVERNMENT AND POLITICS
student in Delhi Law Faculty and a social worker. Then three journalists after 1 an expose of a
thriving market in which women were bought and sold as catties, filed a writ petition demanding
prohibition of this practice and immediate relief for their victims through programmes of
compensation and rehabilitation.
The Supreme Court began to take cognisance of custody deaths, bride burning and rape in police
stations. It ordered the police not to handcuff a man arrested purely on suspicion. It ordered that
no woman can be taken to a police station after dusk. High Court judges began to visit prisons to
check the living conditions of prisoners. In about a single month of 1993, the Supreme Court
delivered judgments protecting the rights of innocents held in Hazaratbal mosque in Srinagar,
defining the constitutional powers of the Chief Election Commissioner, threatening multi-crore
rupees industries with closure if they continued to pollute the Ganga and endanger the Taj Mahal,
and brought all government and semi-government bodies under the purview of the Consumer
Protection Act. In 1994, it made a kind of history when it asked the Chief of Army Staff to pay
Rs. 6,00,000 to the widow and two children of an army officer who died due to "gross negligence
and callousness" by the authorities concerned some 16 years before.1
The Supreme Court was now extending its activism to areas considered till then the preserve of
the executive. The Rao Government referred to the Supreme Court the emotive and highly
controversial issue of 27 per cent reservation of Jobs in Central Government and Public Sector
Undertakings. The court found the decision of the National Front Government constitutionally
valid, but exempted the 'creamy layer'from the benefit of the affirmative action. The court
decided that altogether 49 per cent of Jobs could be reserved for deprived and poor castes and
classes. In another decision, the court completely changed the operation of the dreaded capitation
fee colleges used to collect in Karnataka.
For the Supreme Court of the land to be virtually dictating terms to the CBI in the hawala case—
in other words, telling the executive how to do its Job—is a reflection of a systemic breakdown of
the other branches of the Government. So far, as political observer Cho Ramaswamy observes, if
there is a 'hero' in this game, it is tjae judiciary. The 90s are replete with the interference of the
Supreme Court in areas where Judicial angels had feared to tread in the past, raising the
retirement age for judges by what amounted .to a virtual judicial fiat, fixing quotas and even fees
for Medical Colleges. In the normal course of events, it would have been unthinkable for the
Supreme Court to be summoning the head of the CBI to report on the hawala inquiry even before
the designated trial court had taken cognisance of the final report.
The judicial activism was inevitable as the credibility of the Government's investigative agencies
—particularly the CBI—had been fatally eroded over the years because they protected the strong
and the moneyed through a variety of tactics of delay and technical evasion while the less
fortunate rotted in jails for petty offences without even a trial date in sight. Until recently the CBI,
in what critics believed was strategy aimed at absolving P.V. Narasimha Rao, held the view that
the Prime Minister could not be subjected to scrutiny because the agency's investigation was
based on the Jain diary entries alone and not on the oral statement in which he implicated Rao.
But nowhere on the record has the Supreme Court stated that the CBI should limit its inquiry to
any single source. On February 22, 1996, Supreme Court Justice J.S. Verma told the CBI :
"BeJUDICIAL ACTIVISM IN INDIA
447
clear that your investigations should not be conducted in watertight compartments. You can't
close any case against anybody." And Justice S.P. Bharucha emphasised : "You have to keep on
trying and getting fresh evidence. No case is to be closed by you."2 On March 1, 1996 the
Supreme Court ordered the CBI to refrain from reporting the progress of investigations in the
multi-crore hawala scandal to higher administrative authorities including the Prime Minister.
Justice Verma's role in the Jain hawala case has given the judiciary its shining movement. For
justice J.S. Verma, however, taking on the executive is a habit that was born back in the Indian
Judiciary's darkest hour—the emergency. In the initial stages of the Emergency before the apex
court closed the door's of the High Courts to Habeas corpus petitions, Verma stood out as one of
the few High Court judges who got MISA detainees released.
Responding to the Court's order, when the CBI Chief appeared before Justice Verma's bench on
December 5, 1994, he was hauled up for what the judges called "dereliction of duty". The order
that day went a step forward. It put Rama Rao in personal charge of the entire investigation being
conducted by the CBI and asked him to supervise it. The agency was also directed to report
periodically on the progress of the investigations. To do this, Justice Verma resorted to a highly
potent legal weapon : in-camera sessions, used typically in highly sensitive cases where open
access can jeopardise the trial.3
Justice Verma's legal innovation, however, produced dramatic results. At long last, the agency
registered an FIR on March 4, 1995, arrested S.K. Jain and brother N.K. Jain, raided their
premises and recovered documents which would form the basis of further investigations. Thus,
the law finally began to take its course more than three years after the diaries came into the
possession of the CBI. "This was a case where the rule of law seemed to have gone off the rails"
says Supreme Court advocate Rajiv Dhavan, "Verma steered it back."
When Justice Verma was asked that the hawala case is perceived to have pushed the frontiers of
judicial activism beyond anyone's expectations. His reply was : "As far as I am concerned, we are
only making the executive work. We are not usurping its role. And while the courts are majdng
the executive work, what is needed is deft handling. It is like a sharp-edged tool which has to be
used as a scalpel in the hands of a skilful surgeon to cure the malady. Not as a Rampuri knife
which can kill."4
On April 2,1996 the Supreme Court made the Chiefs of Central Investigating Agencies
personally answerable regarding investigations into criminal, income tax and FERA offences
alleged to have been committed by the controversial godman Chandraswami.5 Even the court
pulled up the CBI for dragging investigations in St. Kitts case and said that if the situation was
reached where no candid result could be achieved in the probe the Court may be forced to record
a finding that the investigating machinery in the country had come to a grinding halt. 6 On
February 14, 1996, Supreme Court Justices Kuldip Singh and N. P. Singh ordered the CBI to
probe into out-of-turn allotments of government houses between 1988 and 1994 on the basis of
over 200 complaints it had received. On March 20, 1996 the Supreme Court gave a green signal
for a CBI probe into Rs. 500 crore Animal Husbandry Scam in Bihar under supervision and
control of the Patna High Court. The Court directed the CBI to report from448
INDIAN GOVERNMENT AND POLITICS
Court. In case, the CBI officers need some direction, they should seek it from the High Court, the
court said.7
The Courts were sending a clear signal: the CBI has failed in its statutory duty to detect criminal
acts by those in power, investigate them and bring the guilty to book. In the circumstances, the
Courts would have little choice but to intervene if justice was to be done. Thus, what began as
routine supervision evolved into micro-managing the entire investigation. It wasn't long before
this precedent established by the Supreme Court was adopted by the High Courts too. In
September 1996, the Delhi High Court appointed a fresh CBI team as Court officers to
investigate the JMM case. The monitoring of the JMM and hawala cases has, in the meanwhile,
acquired an even more innovative dimension because of the persistence of executive interference
in the CBI's investigations. In the JMM case, the Delhi High Court designated them as "officers
of the Court" in a bid to insulate them from any kind of pressure.
Clean Delhi : The Case for CNG Buses
In 1995 a World Bank study showed India lost up to $ 2 billion a year due to pollution linked
health problems most commonly respiratory. Around that time, concerned citizens spearheaded
by famed lawyer turned activist M. C. Mehta filed a petition in the apex court to get Delhi to take
measures to bring down pollution. Normally such a petition would have taken years. But acting
with surprising, and welcome, speed the Supreme Court came out with a Series of green rulings
—moving polluting industrial units out of the city, use of unleaded and low sulplur fuel that made
a visible difference. The court then moved on the transport vehicles and on July 28, 1998, ruled
that all city buses (around 15,000, including Delhi transport Corporation (DTC) buses and private
ones) should be CNG run by March 31, 2001.
In November 1998, the then Transport Commissioner Kiran Dhingra told the Supreme Court that
Delhi was considering CNG for public transport as an option and asked for permission and
cooperation from the Centre.
To study the possibilities of CNG and other alternative vehicle fuels in Delhi, a five-member
committee known as the Environment Pollution (Prevention and Control) Authority was set up. It
was led by the high profile bureaucrat Bhure Lai. The committee recommended CNG for all
modes of public transport, including the fleet of 10,000 buses and stipulated time frame, which
the apex court adhered to in the rulings.8
The key problem is both the centre and the state had no political will to implement the court order
on CNG. Just before the Assembly elections, even, the ostensibly pro-CNG BJP government in
Delhi took a questionable decision. Contrary to its commitment to the Supreme Court, it placed
an order for over 1,300 urban diesel buses. The Dikshit Government cancelled this order when it
came to power in December 1998. By February 2000, 10 buses had been converted to CNG.
Delhi was stranded on April 1, 2001. The lack of infrastructure aggravated the problem—only 68
CNG stations had been set up as against the 80 directed by the apex court. It resulted in long
queues of autorickshaws waiting to fill up.
The Delhi Government expectedly failed to stick to the March 31, 2000 deadline. Delhi Chief
Minister Sheila Dikshit also accused the court of taking an indifferent view of the matter. The
court responded by taking strongJUDICIAL ACTIVISM IN INDIA
449
exception to the statement, with Chief Justice A. S. Anand describing it as an "open war on the
judiciary."
This is not the first time the courts and the executive have locked horns over environment and
public health. Tough clean up decisions were given by the apex court regarding the Yamuna
(1994-95) and the relocation of polluting industries (1996-97).
In the CNG case the apex court is simply trying to enforce its order of July 28, 1998. The change
of 'judicial activism' and 'government by judiciary' has become both stale and strident. An activist
constitution requires an activist administration and an activist judiciary—more so when the
administration fails to discharge its statutory duties.
In the 'vehicular pollution' case, the key question relates to the right to health and environment,
according to law. Unlike the Delhi Industries case, in this case the solution was not invented by
the Supreme Court. It is the Bhure Lai Committee's statutory recommendations that were
accepted by the court on July 28, 1998. Statutory recommendations are meant to be enforced
unless there are cogent reasons for not doing so. Both in July 1998 and from 1998-2001, no
cogent reasons were offered for rejecting those recommendations both in terms of the conversion
to CNG or the deadline of March 2001. 9
The chaos in Delhi arose due to the gross negligence and wilful default of the Governments and
the operators. The 'diesel lobby' has never been happy with the CNG solution. The administration
was sympathetic to the diesel lobby.
Critical Estimate
Judicial activism fills the vacuum that non-activism of other institutions creates. 10 The Chief
Justice of India, Mr. A. M. Ahmadi, is reported to have said that Judicial activism has been more
or less thrust upon the Indian Judiciary.u The current phase of judicial activism draws its
justification from "the reluctance of the legislature and the executive to take hard and unpleasant
decisions. The question is : Is it the job of the Supreme Court to take hard and unpleasant
decisions not taken by the Government and Parliament ?
The Chief Justice observes : "In recent times, we have noticed instances of one wing of the
government avoiding to take a decision on a politically sensitive issue by passing it to another
wing, the latter not being expected to make that
decision..........In cases where the sensitive issue is 'not' pushed into the lap of
another institution, we have noticed that it remains unattended and unresolved, making the people
restive and forcing them to take it to the Courts." While the judiciary does not seek an "expanding
role", clarified Justice Ahmadi, it has often been forced to pronounce judgement on politico-legal
and socio-economic issues. However, the Chief Justice said that "the phenomenon of judicial
activism in its aggressive role will have to be a temporary one." This is Just as well. It cannot
become a permanent feature of jurisprudence or governance in a democracy. The legislature, the
executive and the judiciary as well as the "fourth estate", the media, have their mutually
reinforcing roles in our democracy. None can usurp the role of the other. Equally, the judiciary
must remain alert to the danger of "Judicial activism" becoming "judicial populism". "Judicial
activism should never verge on judicial adventurism."
The Judicial activism has led to the orosecution of a number of politicians 450
INDIAN GOVERNMENT AND POLITICS
Prevention of Corruption Act and TADA. Some were even sent to jail and this happened for the
first time in the post-independence era.
Some of the consequences of the judicial activism are
.12
(a) Corruption exposed in high places.
(b) Penal action initiated against top politicians and public servants.
(c) Strict enforcement of Environmental Laws leading to closure or relocation of a large number
of industries.
Dr. Subhash C. Kashyap observes, "In recent years, under what has come to be called judicial
activism, the Supreme Court has issued directions to control pollution, to check the evil of child
prostitution, to revive a sick company to protect the livelihood of 10,000 employees, to look into
the danager to safety in building a dam, to segregate the children of prostitutes from their
mothers, to provide insurance to workers in match factories, to protect the Taj Mahal from
environmental pollution."13
Some of the critics argue that judiciary encroaches upon the jurisdiction of the executive, the
legislature and other independent and autonomous institutions in its activist role. However, the
majority of the cases, where the Courts have directed the authorities to perform certain things or
to refrain from others, the acts have been such as the authorities were duty bound under the law to
perform or to refrain from performing. In compelling the authorities to do their mandatory duties
under the law, or to refrain from doing them against law or in setting aside the accomplished
illegal acts, the judiciary only performs its duty. The second objection to judicial activism is that
the judiciary enters an area where it has no expertise and competence to undertake the regulation
and management of the affairs. The history of the cases so far shows that the Courts have entered
such area only when compelled to do so for reasons of law and have taken precaution to be
guided by experts in the field. It is also contended that Courts are indulging in activism at the
expense of their normal ad-judicatory works, and this is one of the reasons responsible for the
huge arrears of cases. This criticism, indeed, is not based on facts. The statistics show that the
public interest litigation or the cases where the Court assumes the allegedly 'activist role',
constitutes a negligible proportion of the total number of cases. There is no evidence to show that
the cases where the judiciary had assumed 'activist role' have affected the disposal of the other
cases in any significant way. Critics also argue that the judiciary may lose the confidence of the
people if its directions given in such cases are not complied with. Infact the judiciary most of the
time gives direction to perform the mandatory duties under the law. It leaves the implementation
of the direction to the authorities themselves and only monitors compliance by calling for reports.
Further, the judiciary has the power to punish for the non-compliance of its directions by
invoking its contempt power. The experience shows that the authorities do heed the Court
directions.
The critics apprehended that by making inroads into the executive and legislative domain without
restraint, the judicial activism had upset the constitutional system of checks and balances. B. P.
Maurya, one of the General Secretaries of the AICC, in a statement accused the Supreme Court of
trying to become Country's "third legislature". Earlier still, a former judge of the Supreme Court,
Justice H. R. Khanna, had also written in the Press, criticising the Supreme Court for trespassing
into spheres constitutionally assigned to the legislative and the executive organs of the polity. 14
However, former SupremeJUDICIAL ACTIVISM IN INDIA
451
Court Justice O. Chinappa Reddy refutes the allegation made by critics that judicial monitoring of
investigations undermine the separation-of-powers-prin-ciple. "The Courts had to resort to
monitoring in the light of the executive's poor track record of complying with their orders."
In a country where the executive and legislature had failed to discharge their constitutional duties,
the Supreme Court had no other choice but to step in and direct them to fulfil their obligations.
Criticizing the role of the executive, former Supreme Court Judge Ratnavel Pandian asked if the
executive abdicated its responsibilities, which forum could the public approach, barring the
Judiciary, to seek solutions. Describing judicial creativity and judicial activism as two sides of the
same coin, he said that the recent trend of public interest litigation led to increased judicial
creativity.
The important question today was not whether the Supreme Court could activise its judicial role,
but to what extent could the concepts of judicial activism and creativity be exercised, Justice
Pandian said.15
Otherwise judicial intervention in unchartered executive domain has the potential to create
unprecedented constitutional crisis. Whom will the judiciary hold responsible in case of frequent
change of government? What if a party gets a massive popular mandate against judicial directive
on a public interest issue?
"Judicial activism is alright as it protects the public from the despotism of the Executive; but it
must not lead to government by the judiciary."
16
REFERENCES
1. The Hindustan Times (New Delhi), April 1, 1996.
2. India Today, March 15, 1996. p. 109.
3. Ibid. p. 115.
4. Ibid, p. 121.
5. The Hindustan Times (New Delhi), April 3, 1996.
f
6. Ibid, April 13, 1996.
7. Ibid, March 20, 1996.
8. India Today, April 16, 2001, pp. 52-55.
9. Rajeev Dhawan, "Chaos in Delhi," The Hindu, April 6, 2001.
10. Kuldip Nayar, "Defending Judicial Activism", The Hindustan Times, December 17, 1996.
11. The Times of India, February 19, 1996.
12. The Hindustan Times, December 26, 1996.
13. Subhash C. Kashyap, Our Constitution (2001, National Book Trust), p. 234.
14. Hardwari Lai "Supreme Court's Dilemma", The Hindustan Times, January 20, 1996.
15. Indian Express, January, 28, 1996.
16. Ajay K. Mehra, "The Executive must govern," The Hindu, April 25, 2001, p.10.

Chapter 37
STATE POLITICS IN INDIA
A FRAMEWORK
A decade ago, it was said that "The Indian States have gone, in the main unrecognised and
unstudied." The situation has not changed much since then. A few volumes have appeared which
have attempted to provide a panoramic view of state politics in India. They have at least provided
a synoptic view of political development in each of the States.
The States in India, which are large political units, can be studied both as a part of the larger
Indian political system and as an independent and a total system in itself. In a federal system, the
States are affected and in turn affect the national system. While a proper understanding of the
Indian political system depends to a very great extent on the assessment of political development
in the States, the States which are constituent units of the larger political system are conditioned
by the nature of national politics. In view of this mutual interacting role, the study of state
government and politics is becoming increasingly popular.
SIGNIFICANCE OF THE STUDY OF STATE POLITICS
An analytical study of politics in the Indian States is long overdue. There have been many studies
on practically most of the new States of Asia and Africa, yet little has appeared on the Indian
States even though each of them is in area and population alone larger than most of the members
of the United Nations.
With the ending of the 'Congress system' tends towards the regionalization of Indian politics have
become more manifest, and the States have become increasingly important and powerful units of
the Indian political system. Some scholars have considered them as separate political systems.
They should be the objects of more serious scholarly study and systemic analysis than they have
so far received.
It can be argued that our very understanding of the Indian political system depends upon our
assessment of patterns of political development within the constituent States. India is after all, a
federal polity containing twenty-five States. These States are truly the keystone of the national
governmental system of India. Every citizen of India comes under the government of a State or
the union territory. Though in the Indian federal system the Central government has been
endowed with extensive powers and resources, the signficance of the state level of Government
cannot be belittled. The day-to-day needs and requirements of a citizen are met by the state
government, and thus, the Central Government becomes but a remote reality for the common
man. The State government provides for the safety of citizens and maintains law and order. It
establishes and runs educational institutions, hospitals, co-operative societies, etc., which carry
great significance in the daily lives of the people. It also sets STATE POLITICS IN INDIA
453
up law courts and administers justice. Besides, it looks after trade, commerce, and industry in the
State. In fact, the States in India have important powers over agricultural development, education
and rural taxation, and the effectiveness of national planning is conditioned by the performance of
the State governments. It is apparent that most of the needs of citizens are met by the State
governments and therefore, the happiness and well-being of the people hinges on the efficiency of
the State governments. Myron Weiner points out: "The instabilities and shocks associated with
the economic development process are felt first at the State level, and only thereafter move into
national politics."1 The States are also a training ground for national politicians. Before inde-
pendence political leaders in Calcutta, Madras, Bombay, Allahabad and Poona often moved
directly into national politics. Today politicians first carve their career in state politics. For
example, Lai Bahadur Shastri, Morarji Desai, Charan Singh, Y.B. Chavan, G.B. Pant, Zail Singh,
H.N. Bahuguna, K. Kamraj, P.V. Narasimha Rao, Sharad Pawar, Mulayam Singh Yadav, H. D.
Deve Gowda etc., were Ministers or Chief Ministers in the state governments before moving to
the Central Cabinet.
In India, the State governments are the real governments in the context of public welfare. The
Central Government's role in development administration is primarily that of leadership,
consultation, and advice. The responsibility for the implementation of programmes rests mainly
on the States. Most subjects which constitute the ingredients of development are constitutionally
within the State's exclusive jurisdiction. In addition, in the execution of the Central Government's
programmes the States are involved at several points. In many cases they act as agents of the
Central Government assisting it in the discharge of its functions. It is only at the State level that
people's participation in Government can acquire sense and meaning. In fact, the States of the
Indian Union hold the key to the nation's advancement in economic and social fields.
No doubt every state in India follows a parliamentary system of democracy, with the permanent
civil service accountable to the elected representatives of the people. In practice, however, we
witness many deviations in the behaviour of the political institutions because of the compulsions
of specific situations obtaining in the various states. In fact the States of the Indian Union have
diverse profiles. The States in India differ in terms of population size, financial resources, and
levels of economic development and these differences are so sharp that their impact on politics is
felt at every step. The actual functioning of politics within the States should be placed in the
proper perspective by examining similar and dissimilar factors which impinge upon politics and
influence its actual behaviour.
The States serve as implementing agencies for national development plan. As a matter of fact, the
effectiveness of national planning is always conditioned by the performance of the State
Governments, which control a very large part of the administration of the country. Paul H.
Appleby and other astute observers have noted that the Central Government is extra-ordinarily
dependent on the States and on Units of Local Government and often appears to function more as
a co-ordinating body than as a Central authority.
In a sense the State governments play an unusual middle role. They are in touch with both the
central government and the district and sub-district nnvommont units and officials. "In the Indian
political system........the States454
INDIAN GOVERNMENT AND POLITICS
Much of the politics of India takes place at state and district levels. For the majority of the Indians
this is where the action, or inaction, is.
However, much New Delhi may dominate the country, administratively and politically, it must
work in large measure with and through the various units of state and local governments, which
have more direct contact with the masses of people.
Since States perform most of the traditional functions of Governmental units and deal with
subject having direct, immediate and intimate impact on the fortunes of the citizens, state politics
has an obvious and tangible objective relevance. It is the States cater to the aspirations of the
people and bear the brunt of their frustrations. It is argued that 'State rights'flourished as a result
of the weakening of the dominant Congress Party, but even during early days, State leaders were
found to carry considerable weight with the centre. The Central Government showed great respect
for the views and opinions of such Chief Ministers who moulded the administration of the State
according to their wishes. B. C. Roy of West Bengal, G.B. Pant of Uttar Pradesh, S.K. Sinha of
Bihar, and K. Kamraj of Chennai were such Chief Ministers. Those state leaders had good
rapport with the leaders of the Central Government as well, because they had all worked as
comrades-in-arms during the movement for national freedom.
A systematic study of State governments and politics is necessary for acquiring knowledge of the
organisational set-up of the government machinery in the States, and their functioning. In fact, it
sharpens our understanding of the Indian political system at the national level. Thus, we cannot
fully understand the working of the federal structure, without examining the role of the Indian
States in its operation. The political trends at present visible in various States may appear at the
national level in the near or distant future. Therefore, a knowledge of the political developments
in the States can be of great help in understanding the political changes taking place in the
country. Myron Weiner candidly observes:
"Each of the Indian States provides us with an unusual microcosm and macrocosm for studying
processes of development: a microcosm since the States are constituent units of a larger system,
and a macrocosm because the units are themselves so large that they can be studied as total
systems.""
The States of the Indian Union share a common legal system, a common constitutional
framework, a common administrative structure and a common international environment, but
their internal political patterns vary considerably. It is true that the impact of national policies and
parties substantially influence the form and behaviour of state systems. But it is equally true that
this impact strikes different states differently contributing to the oddities and variations in
organisation and spirit of state politics. It is here that state politics provides an arena for basic and
exclusive research. Why is it, for example, that West Bengal and Kerala have Communist
governments, while the other States do not? Why is political participation—as measured by
voting, number of voluntary associations, degree of party organisation and the like, so high in
Kerala, Tamilnadu, and the Punjab and so low in Orissa, Madhya Predesh and Bihar? Why is
factionalism within the governing party and fragmentation among opposition parties greater in
some States than in others? Why are some States characterised by greater tensions and violence
among caste, linguistic and religious groups than others? What is the political context of state
adminis-STATE POLITICS IN INDIA
455
tration? What political forces and factors shape the actual functioning of the State administration?
How does the leadership of the Chief Minister influence the administration in a state? What
impact does cohesion or factionalism in the majority party make on government? How do
conflicts between the Central and State governments influence decision-making at the level of
state administration? What is the nature of the linkages and cleavages between the Central and
State governments? What is the nature of relatioship between the state political leadership and the
leadership at the national level? In short, many of the questions which perplex students of
development can be stressed, if not answered, by an analysis of politics within each of the Indian
states and a systematic comparison of the States.
THEORETICAL FRAMEWORK AND ITS PROBLEMS
The word 'theory' or 'theoretical framework' is full of ambiguity. It is often employed as a
synonym for a thought, a conjecture of an idea. To some people theory means an interpretation or
a point of view, whereas others would view it as the consummation of explanation. There is little
disagreement, however, on the view that the main function of theory is explanation. But the
difficulty arises from the fact that there is no clear agreement on the question as to what should be
explained and what can be explained. The difference of opinion on this question is specially
important to theory of state politics. For no unanimity exists about the nature or scope of state
politics.
A framework (paradigm) is needed to identify and articulate the points of study and research in
the panorama of state politics in India and to encourage scientific investigation into the labyrinth
of state politics, which may ultimately lead to the emergence of a possible theory of state
politics.3
It is indeed a very difficult job to provide a theoretical framework for the study of state politics in
India because in India there is not one pattern but many patterns of state politics. Furthermore,
since India is a transitional society, its politics tends to be in a process of flux and change. The
polarization of political forces has not freely taken place and therefore the job for providing
theoretical framework becomes all the more difficult. 4
Scholars engaged in the study of Government and Politics in India have examined the political
forces and internal political pattern at the state level with national perspective. Although a large
number of case studies have been conducted on the various aspects of state politics, yet many
authors in the field have been content to describe the formal structural and legal aspects of state
government on the pattern of national political system. A single enacted, written and integrated
Constitution treats the country as an organic whole and has tried to bring about a sort of basic
uniformity in the constitutional framework at the national as well as the State levels. This leads
M.V. Pylee, Norman D. Palmer and Robert L. Hardgrave to draw a parallelism when they say :
"The machinery of government in the States is organised on the same pattern as that of the Union
Government." (M.V. Pylee) "In structure, if not in power, the government of each State is very
similar to the Central Government of India. Parliamentary Government exists in the States as well
as in the Centre." (Norman D. Palmer) "Each of the State reproduces in miniature the structure
and organisation of the Union Government." (Robert L. Hardgrave)5
Even where the focus of study has shifted from the particular institutions, defined in legalistic
terms to "a balanced treatment of both structure and nrnroQH nf hnth i-ncst.itnt.inns and
hehnvimir in state nolitics. it has been456
INDIAN GOVERNMENT AND POLITICS
occurs at the level of State Governments is not very different from that which occurs at the
national level. By and large they have not taken into consideration the fact that political activity
in a state is shaped by the nature of the environment within which it is set.
The Federal structure in India is characterized formally by a bias in favour of the Centre—a bias
that has been the subject of controversy since the system's inception. Kenneth Wheare has
described the system as 'quasi-federal' and Asoka Chanda, former Comptroller and Auditor-
General of India, asserts that "India is not a federal state." In the final analysis, he says "it is
Unitary state in concept and operation......."
In view of their importance, it is interesting to reflect briefly on why there has been so little
political research on the Indian States. Surprisingly, few Indian scholars have concentrated on
developments within their own States. It is argued quite often that states as political systems are
artificial categories for analysis. Unlike various other segments of the polity, they are not 'natural'
functional entities. There is also a feeling among many Indian scholars that too much attention to
state affairs is a mark of parochial attachments. Another inhibiting consideration is the lack of
pride in the political life of the States. Although Indian intellectuals have become increasingly
critical of their national government, there has at least been some pride in India's role in world
affairs, in her attention to economic planning, and, before 1964, in Nehru's leadership. But there
has been little indeed at the State level to command respect. It is at this level that the struggle for
office has been most intense, and that the conflicts among castes, religious groups, tribes,
linguistic groups and factions are played out. It is here that economic development programmes
often appear to falter and traditional sentiments, loyalties, and behaviour intrude most often into
efforts to modernize. Finally, the unique phenomenon of a one party dominant system, at least
before the Sixth Lok Sabha election of 1977, has often been interpreted as a factor frustrating an
autonomous growth of state politics. According to Amal Ray :
"The Party resolutions which command the Congress Governments in the States to pursue certain
policies, are practically those which have been passed by the Working Committee, and obviously,
they reflect the thinking of the Central government. Hence, the norms for action by the Congress
Governments in the States are largely set by the Working Committee. The basic policies are
evolved at the top of the party organisation which are passed on to the State governments for
elaboration and implementation."8
A large number of studies have been conducted on the government and politics in the States,
applying the historical or legal-institutional or even behavioural and comparative methods and all
of them have viewed state politics from the national rather than the State perspective. 9 Rajni
Kothari while trying to present a developmental profile of Indian polity in his classic work,
Politics in India, which excludes an analytical treatment of government and administration,
accepts that "the focus of this book is on characteristic patterns and interrelationship that inform
the operation of the Indian political system as a whole, and we do not intend to get lost in the
estoric details of its many constituents........"10
Various facets of state government and politics have undoubtedly been studied, but this field of
enquiry for too long has relied upon studies of single phenomenon or single issue or single
institution or single actor in the politicalSTATE POLITICS IN INDIA
457
process.11 In fact, a probe into the dynamics of change in terms of the cultural milieu,
pace of socio-economic transformation, ideological moorings and personality-
orientations should form the core of a worthwhile and meaningful study of state politics
in India. The panorama of state politics, because of the transitional social milieu in which
it operates, has to be taken and studied as a dynamic phenomenon.
The need to study state politics from the State rather than the national perspective was
first felt by the Committee on State Politics in India, 'an informal group' organised by
Myron Weiner under the auspices of the Committee on South Asia of the Association for
Asian Studies. In the preface of his book, State Politics in India, Weiner says: "This
volume is the result of the work of the Committee on State Politics in India, an informal
group organised by the editor under the auspices of the Committee on South Asia of the
Association for Asian Studies to further our understanding of political development in the
States of India."12 The idea, however, grew out of the two seminars, one at the University
of Chicago in April 1961, and another at the Massachusetts Institute of Technology in
late 1964, Weiner adds:
"This symposium represents a first effort to deal systematically with politics in the Indian
States, and we are painfully aware of its limitations. It was not possible to include studies
of all seventeen States (at that time), and we very much regret the omission of nine of
them. We are hopeful, however, that this volume will both direct the attention of scholars
to the vacuum that now exists and stimulates the research already under way on State
Politics in India."13
The conceptual framework of state politics in the United States was developed by V.O.
Key, Jr. In India, the problem was undertaken by Prof. Iqbal Narain.14 Later on Myron
Weiner, G. Ram Reddy, Paul Wallace, Shri Ram Maheshwari and others also felt that
state questions should be considered separately on their merits.
In the United States in-depth studies have been made in the arena of state politics and
various conceptual frameworks, such as that of the 'Political System' are being employed
to focus upon the behavioural nature of state politics. But no one would disagree with the
observation of Professor Iqbal Narain when he says, "The question of developing a
theoretical framework for the study of state politics in the specific Indian context is rather
intriguing one; it is more an exercise in political theorising of normative type than an
empiricist's attempt at model building from available field data, which are not available in
good measure at the present moment." The nature of Indian society and culture is
somewhat distinct from the American or Western political culture and hence there is risk
inherent in employing Western based tools and theories in the specific Indian context. 15
However, sincere efforts have been made by few major works16 to develop a conceptual
framework to be employed in the study of state politics in India.
Myron Weiner prepared a framework for the authors who contributed to his volume and
he expected that the framework "would permit each of the authors to analyse the political
process within his state and would make it possible simultaneously for the editor to
explore a set of themes comparatively." The essays in his volume compare and analyse
the political processes of eight of the seventeen States within the Indian Union—Uttar
Pradesh, Madhya Maharashtra, Jammu and Kashmir, West Bengal, Rajasthan,
Andhra458
INDIAN GOVERNMENT AND POLITICS
states within a common framework, illuminating the changing patterns of political participation in
India, the problem of integration within the states, the many State party systems that they have
developed, and the performance of the State Governments. In certain cases the authors have also
dealt at length with special problems of particular states. Myron Weiner's approach treats each
state as a constituent unit within a larger system, but nonetheless also as a separate political
system. Thus, he says that the States can be studied "as constituent units of a larger system, and
the units themselves are large enough to be studied as total system." In fact, he tries to describe
and analyse "the political process in a single state" and relates that process to (a) the socio-
economic environment in which politics occurs, and (b) the performance of the Government.
Myron Weiner's framework, thus, reflects a distinct bias towards the 'systems approach', but with
an explicit difference.
Though the analytical framework evolved by Professor Iqbal Narain for the study of State Politics
in India draws heavily upon 'systemic approach', it is added by quite a few relevant dimensions.
The analytic framework informing Iqbal Narain's collection of papers view the political system of
a State in India as a point of confluence of national, state and local politics; as a system of
interconnections and interactions between the governing elite structure on the one hand and
political institutions, processes and policies on the other. The volume embodies a happy blending
of broad uniformity by way of analytical categories and autonomy of the writers to perceive the
reality as they would like in terms of conceptual perspective, selection of data and its analysis,
arrangement and presentation of subject-matter and drawing up of general conclusions. State
politics emerges in Iqbal Narain's book, basically, as a case of linkage politics and its future as
also the prospects of democratic polity in the country, as a whole, would depend On a movement
away from politics of self-preservation of the elites to a politics of the welfare of the masses;
from a politics of drift to a politics of purposiveness; from a politics of status quo to politics of
socio-economic change; and, above all, from politics of promise to politics of performance.
According to Professor Iqbal Narain, the conceptual framework can be conjured up in terms of
the nature of State Politics which, in turn, leads to a discussion of its determinants. The more
important determinants of state politics in India are: institutional, physiological levels of politics,
socio-economic and political, and the elite structure. He then proceeds to construct a three
dimensional framework consisting of the contextual, structural and operational. In the contextual
dimension he includes the following components; history of a state, historical identity of the
State, its political status before independence, its role in the freedom struggle, the impact of
integration of princely states or of linguistic reorganisation, the geographical locale, infrastructure
manifesting itself in social pluralism, the level and pattern of economic development, human
resources, the level of education and urbanisation. The structural dimension, according to him,
consists of formal constitutional structure—office of the Governor, office of the Chief Minister,
the Ministry and the Legislature; political institutions and processes—political parties, pressure
groups and elections, and administrative framework. In the operational dimension the author
limits himself to the role-orientation of the actors in the drama of state politics. He also discusses
the behavioural aspect and functional aspect in the context of state politics. rSTATE
POLITICS IN INDIA
459
A comprehensive study of government and politics in a particular state, such as Andhra Pradesh
has been attempted by G. Rama Reddy and B.A.V. Sharma. All the contributors of the 21
chapters of the volume are faculty members of the Politics Department of Osmania University
and its constituents and affiliated colleges. This is a noteworthy feature as it shows that there are
teachers having a research bent of mind and what they need is an opportunity and encouragement
to bring out their talent for original work.
The volume is divided into three parts preceded by an introduction. The introduction provides the
ecological setting and traces the political developments till the formation of the enlarged State of
Andhra Pradesh. Part I titled "Institutional Structures and Processes" deals with the Government
set-up and an analysis of their working. Part II is devoted to the study of political parties and
elections. A detailed analysis of their organisational set-up, their ideology, programme and
policies, participation in legislature, agitations and movements and their electoral performance
has been attempted. It also provides a profile of Andhra Pradesh voter and analysis of the factors
which determine his voting choice. Part IV covers political agitation and movements in the State.
It traces the contributory factors, the main actors and their impact on political development in the
State. The appendices at the end, aim at making the volume a data book on Andhra Pradesh. It
provides basic political facts like the office-holders in all the branches of state government, local
government and political parties.
Although the book reflects a particular theoretical perspective, it is not essentially theoretical,
either in content or in purpose, it is designed to provide a sense of the cultural and historical
milieu in which political development takes place and to give a balanced treatment of both
structure and process of both institutions and behaviour in State Politics. Andhra Pradesh
provides the framework, then, in which problems of political development common to other
Indian States are explored. All the same, it serves as a model for similar volumes to be brought
out in respect of other States. ?
A critical and in-depth analysis of these frameworks, however, would demonstrate that each of
them suffers from obvious shortcomings. Myron Weiner's framework is primarily meant for
describing and analysing some pre-conceived aspects of single States. He undoubtedly expected
that the framework would simultaneously enable him to compare a set of themes but it was lop-
sided to have in its compass the full blown portrait of state politics, let alone providing bases for
comparison.18 Weiner himself acknowledges this as follows: "It seemed to both Editor and
Authors that it would be inappropriate at this state of research, and probably impossible among
colleagues scattered in four countries (India, the United States, Canada and England), rigidly to
impose a common framework." Though Iqbal Narain puts forth the first, all-encompassing
analytical framework, its application by different authors contributing to his volume fails to
clarify some of fundamental analytic problems in this area. The studies conducted on the outlines
of the framework "give, in the main a political aerial survey rather than a penetrating study of the
forces operating at the State level." G. Rama Reddy's volume provides a panoramic view of state
politics in Andhra Pradesh. This framework could be uniformly applied if data and information
on all its dimensions are easily available.
A conceptual framework for the study of State Politics in India is called for if the study proposes
to go beyond a mere description of formal structures to an
"-----^-i^iiroo nn nolitical process by460
INDIAN GOVERNMENT AND POLITICS
focussing upon the behavioural characteristics of state politics. According to Iqbal
Narain:
"As far as methods are concerned, no single method may yield a full blooded and life-
size portrait of State politics. One may have to depend on a discrete combination of the
traditional and the modern methods on a judicious blending of the historical and legal
institutional on the one hand and behavioural and comparative on the other."21
DETER MINANTS OF STATE POLITICS
For a proper understanding of state politics it is desirable to have an idea about the
political map and demographic details of the State in the Indian Union. However, in
actual practice state politics in the various units has operated in a different manner and no
generalisations can be made regarding the working of the political institutions in the
various States. As Hanson and Janet Douglas point out:
The attempts to generalise about the working of Indian political
institutions.........are very hazardous indeed. As one would expect,
institutions with the same formal structure operate very differently and even serve
dissimilar purposes from one part of the country to another. One may even ask whether
India, as such, can be described as having a common political culture, as distinct from a
common political structure.22
Working within the common framework of the national government, sharing a common
legal and administrative system, the diversity that the States of the Indian Union display
in their political process is indeed amazing. They seem to differ from each other not only
in their emotional build-up and mental outlook, but also in their political affiliations.
Some states are strong centres of leftist ideology, others are staunchly anti-leftists. Some
states appear to be homogeneous and integrated, while others seem to be permanently
suffering from great stresses and strains. In some of the States we find the ruling party in
good shape and the opposition properly organised. In others, it is not only the opposition
which is in general disarray but the ruling party itself is the victim of factionalism and
internal squabbling. It would be interesting to examine the conceptual image of state
politics in India with an identification of its determinants. The conceptual image can be
conjured up in terms of the nature of state politics which, in turn, is related and, as such,
leads to a discussion of its determinants. The following are the more important deter-
minants of state politics in India :
1. Constitutional Determinant : State politics in India begins within the
confines of an enacted and written Constitution. The constitutional framework
can be termed as the institutional determinant of state politics. The fathers of
the Indian Constitution treated the country as an organic whole for purposes
of constitutional structuring. They did not anywhere in the Constitution use
the word 'federation', they preferred to describe it as a 'Union of States'. A
federation was something in the nature of a contract implying equal or almost
equal status for all the parties, but the framers had no such status for the States
in their mind. They did divide governmental power between the Centre and the
states and made the States sovereign in their own spheres, but the States were
to operate within the overall superiority of the Centre. If and when there was
a conflict between the two, the States were to submit.STATE POLITICS IN INDIA
461
2. Economic Determinant; The level and pattern of economic development is another crucial
variable in the context of state politics. The resource potential, the level of economic growth, pace
of industrialization and crystallisation of class consciousness of a State may go a long way in
shaping the form and substance of its politics on the one hand and pattern of its relations with
other States and the Centre on the other. Resource potential of a State may add to its bargaining
capacity vis-a-vis the Union as also between exchange capacity as a bargaining counter with the
Centre is well-known.
3. Socio-cultural Determinant : Few States of the Indian Union are socio-culturally developed,
while the others are backward. West Bengal, Maharashtra, Gujarat, Kerala and Tamil
Nadu are in the first category while Bihar, Orissa and Rajasthan are in the second category.
Naturally, the central government can 'influence the politics of the first category State in a limited
way.
Of equal importance is the kind of social structure that has obtained in the different regions. Thus,
the consolidation of non-Brahmin movements in Tamil Nadu and Maharashtra and the political
mobilization of the 'middle castes' in Gujarat and Andhra Pradesh as well as the existence of
distinct dominant castes in these regions, and in Mysore, have led to stable patterns of State level
political coalitions. On the other hand, a fragmented caste situation, as in Bihar and U.P. in the
north and Kerala in the South, has resulted in an exaggerated role of caste in state politics and
consequent instability of political coalitions. In West Bengal, the preponderant role of Calcutta
after the partition has led to characteristically urban patterns of politics, with the great vogue of
'united front' politics and an anti-establishment ethos. In contrast the predominantly agricultural
character of Andhra Praesh has led to the domination of the land-holding castes and the
cooperation of lower peasant castes in some kind of a patron client network. And the politics of
tribalism have dominated the ups and downs of Congress and anti-Congress coalitions in Orissa,
Assam and Madhya Pradesh.
4. Bureaucracy as a Determinant: Another important antecedent variable in shaping state politics
was the availability, or lack of strong and competent bureaucracy. In Madras and West Bengal
both of which had been under British rule for a long time, a strong bureaucratic tradition
contributed to political consolidation and economic development, and even Princely States like
Mysore and Baroda in Gujarat have established enlightened administrative traditions; but in areas
like Madhya Pradesh, Uttar Pradesh and Orissa lack of such a tradition and administrative
heterogeneity, contributed to their fragmented politics and economic under-development.
5. Physiological Determinant : State politics is closely associated with the national polity. The
state, both analytically and empirically, is most accurately conceived as a political sub-system
because it has clearly definable boundaries and structural mechanisms and popular perceptions
for maintaining them. In a federal system where considerable power is allotted to subordinate
units through constitutional provision and guarantee the formal authority structure itself tends to
encourage the maintenance of boundaries and measure of sub-system autonomy.
6. Geographical Determinant : History has often been characterized as geography in motion.
Political bargaining of a state in a federal system of a countrv is determined by its geography.
Advantageous geography, fertile soil or462
INDIAN GOVERNMENT AND POLITICS
ence by other states. The geographical locale sometimes gives strategic importance to a state even
in political terms. Jammu and Kashmir, Punjab, Assam, Nagaland and Tamil Nadu; are instances
in point. The reason for the separatist tendencies in the boundary States is their strategic location.
7. Political Determinants : State politics to a large extent is determined by political factors. The
Central leadership and the personality of the Prime Minister, the personality of the Chief Minister
and the party positions in the Centre and the State are the political factors which determine the
politics of the States. The pattern of state politics will greatly differ, if the Prime Minister is
powerful and the Chief Minister is weak, or if the Chief Minister is politically powerful and the
Prime Minister is weak, or if the same party is in power at the Centre and in the States or the
State is ruled by the regional party.
Similarly, infrastructure which manifests itself in the social pluralism of the State is another
important determinant. Thus, caste, religion, language and region (which constitute the
infrastructure), form, besides class, the keyboard of state politics, of course, with different states
having varied keynotes.
SALIENT FEATURES OF STATE POLITICS
Though state politics in various units of India operates differently and serves dissimilar purposes
in the various parts of the country, there are some common characteristics, which may be
enumerated below :
1. Amalgamation of Traditional and Modern Language : State politics in India is an
amalgamation of traditional and modern style of political factors. The political institutions
represent the modern language and the structure of the ancient society that exists in States
represents the traditional language. This modern language of politics is the language of the Indian
Constitution and the courts, parliamentary debate, higher administration and levels of all the main
political parties. It is a language which speaks of policies and interests, programmes and plans. It
expresses itself in arguments and representations, discussions and demonstrations, deliberations
and decisions. However, State politics cannot be comprehensively studied only with the help of
the modern style of politics. We have to study social forces that are at the back of this modern
language of politics which change the nature and the identity of state politics. The contrast
between modern and traditional languages in particular is, of course, a contrast between the
political institutions of a state and the structure of an ancient society, the key to state politics
today is the meeting of these'two as strangers.
2. Caste as a Dominant Factor in State Politics : Caste plays a very important role behind the
facade of state politics. New conditions of independent India have given a new vigour to the
politicisation of caste as a result of which caste has begun to manifest itself as a regional, rather
than a local, force increasingly independent of and competitive in relation to other castes rather
than interdependent and cooperative, and as an organised association rather than a natural social
group. The central discovery "is that politics is more important to castes and castes are more
important to State politics than before." Morris Jones further remarks that while top leaders may
proclaim the goal of a casteless society, the newly enfranchised rural masses know only the
language of traditional politics which so largely turns around caste. Behind the formal lists of
party candidates nominated for the contests, there is probably an inside story of careful
calculation in terms of caste appeal. What Jones speaks of two particular states is equally
applicable to others when he says :STATE POLITICS IN INDIA
463
Or again, the wrangles of Mysore politics, which the sociologically innocent might describe in
terms of relations between parties and between parliamentary and organisational wings of the
Congress, comes to be seen as a new stage on which is being played an age old drama of
intercaste rivalry. Likewise, the mysterious moves in Orissa's recent political history may be
illumined by a study of shifting caste positions and alignments."
If the Congres (I) organises a 'Gujjar' rally in a small town of Haryana, the Janata Dal leadership
of the state inducts the Gujjar leader in the Council of Ministers and then calls a Brahmin
Sammelan in another town to outdo the rival. The Caste combinations like 'KHAM' in Gujarat
and 'AJGAR' in Haryana are too well-known tactics of electoral politics in the respective states.
3. The Competitive Party System : It would however, be wrong to contend that the Congress has
held a 'monopoly of power'in Indian politics. Even before 1969 this was not true. For one thing
there has always been a multiplicity of political parties opposing the Congress and some of these
have succeeded in dislodging the Congress from power at the State level. In votes at this level,
the combined strength of the non-Congress parties and candidates has always been more than that
of the Congress. Even in seats the Congress has never commanded an absolute majority in all the
assemblies. And except for two brief spells in 1952-53 and 1963-64 the Congress alone has not
ruled the entire country. In 1952,, it failed to get an absolute majority in four states: Madras (now
known as Chennai), PEPSU, Orissa and Travancore-Cochin and managed a bare majority in
Rajasthan. Its position in Madras was saved by the separation of the new state of Andhra where
however the Communist Party of India (CPI) brought down the Congress Government in
November 1954. Its failure to maintain a working majority led to fresh elections in PEPSU
(1954), Travancore-Cochin (1954) and Andhra (1955). In 1957, the Congress failed to obtain a
majority in Kerala and Orissa. In Orissa, it was forced to enter into a coalition with its principal
opponent, the Ganatantra Parished, a local party. In Kerala, the Congress finally lost to the CPI
which formed the Government and remained in power until 1959 when combined anti-communist
forces brought it down. By 1967, the Congress had lost power in five other States and was
toppled from power in three more owing to internal defections. Myron Weiner thus rightly
remarks that "party competitiveness increases as we move from national politics to state
politics."25
The data in the followine politics in some of the states :
Tables highlight emerging competitive party
TABLE: 1 COMPETITIVE POLITICS IN
TAMIL NADU
 1996 1999 2001 Assembly
Assembly Elections Assembly Elections Elections
234 Seats Vote % Assembly Vote % Seats Vote %
segment
led
AIADMK + Allies 56 174 4 43.8 43.9 109 100 57.1% 32.3 193 37 4 50.0 39.0
DMKT + Allies 12.3 10.6 11.0
Others
464
INDIAN GOVERNMENT AND POLITICS
TABLE : 2 COMPETITIVE POLITICS IN WEST BENGAL
Left Front
TC-Congress
BJP
Others

2001 ^Assembly Elections

TABLE:3 COMPETITIVE POLITICS IN KERALA
Seats Vote %

198 49.0 40.0

87 0 9 6.0
5.0 1
1996
Assembly Elections
1999
Assembly^Elections Assembly segment led
47.0 43.3
2001 Assembly Elections
Total seats 140

TABLE : 4 COMPETITIVE POLITICS IN ASSAM

2001 Assembly Elections

LE ; 5 COMPETITIVE POLITICS IN MAHARASHTRA

_____________t______^w^_____L__ ijas_____j______288^2___I
4. Political Participation : Increasingly large number of people have come to participate in some
level of politics in India during the past few decades so much so that the Indian political system at
almost all levels has become increasingly representative of the Indian social system.
India had thirteen national general elections for the national Parliament and for state assemblies.
Elections are largely competitive since numerous individuals stand for public office. Spcial
groups which hitherto had beenSTATE POLITICS IN INDIA
465
politically passive are now participating in local, state or national politics. But the rate of political
participation has not been uniform in all the States. Generally speaking, the States with a higher
rate of literacy and more urbanisation have shown greater turn-out of the voters, although there
have been exceptions to this rule too. Even in States with lower rates of literacy and a less degree
of urbanisation, political participation has been greater due to linguistic agitations and nationalist
movements. The areas which were historically part of British India have wider political
participation than those areas which were governed by Maharajas. Thus :
The linguistic agitation of the early 1950s was another vehicle for mass mobilization and it is
interesting to note that the States that are high on the participant list were among those most
active in the states' reorganization movement. The low participant States— without exception
they are all in northern India—were hardly affected by the linguistic agitation.
5. Factionalism : Factionlism has been another prominent feature of state politics in India.
Factionlism in the State has not been confined to competition for assembly seats among
contending parties. Some of the most intense political competition in the States occurs within the
governing Congress Party. The result is that even in States in which the Congress hold is secure,
e.g., Madhya Pradesh, there is, in fact, substantial political competitiveness. This competition
takes the form of conflict for posts within the Government but it also affects, as Brass notes in his
study of Uttar Pradesh, legislative politics. Modifications in land reforms legislation or taxation
bills are more likely to result from pressures within the Congress Party and from conflicts within
the Congress legislative party than from pressures from the Opposition.
The basis for this competitiveness within Congress varies from state to state and its impact on
governmental performance also varies, but the institutional forms it takes are remarkably similar.
Congress dissidents typically attempt first to win control over the party organisation, particularly
the Pradesh (State) Congress Committee (PCC) which has, in effect, the power to determine who
will receive party nominations for Assembly and Parliament seats, though ultimate authority is in
the hands of the national organisation. Intra-party competitiveness, therefore, is typically
mainfested by a struggle for control over the Pradesh Congress Committee and then between the
PCC (the organisation) and the members of the Government (Ministerialists).
Rajni Kothari points out that, the internal group structure of the Congress became
institutionalized at district and state levels, often resulting in keen competition and rivalry
between the 'ministerial' and 'organizational' wings of the Government party, the organizational
wing performing the representative role of opposition, often acting as 'anti-Government', and in
some cases leading to a displacement of the Government elite. As early as 1953 the State
Congress President of Madras, Kamraj displaced the eminent C. Rajagopalachari as Chief
Minister and brought his own team into the Government. C.B. Gupta in U.P., Biju Patnaik in
Orissa, Nijalingappa in Mysore and the anti-ministerial group in Gujarat all first emerged in
control of the Congress organisation, mobilized sufficient support in the legislatures, and finally
toppled the ministerial group from power. In every State, despite the continued rule of the
Congress (except Kerala), there was a high turnover of elites including chief ministers and
cabinet ministers. The difference often arose in points of policy of political .- J ~~,,™HmOq
rp.nresented generation or ideological cleavages, butINDIAN GOVERNMENT AND
POLITICS__________________________
soon were enmeshed in the politics of coalition making. In each case the Central High
Command intervened and in some cases succeeded in influencing the precise choice; but
in general its mediation had to take into account the prevailing balance of power in the
State, and its task was often simply to facilitate the change over.27
6. Occupational Interests Play a Stronger Part: Occupational interests play a stronger
part in a state than in national politics, but since caste and occupation often overlap
considerably, it is difficult to distinguish between caste and occupational conflicts.
Among the more industrialised States, urban business interests play an active though
covert role in state politics and are especially concerned with exercising influence upon
administration. In the non-industrial states, the trading interests are particularly
important, especially in Uttar Pradesh and Madhya Pradesh. The rural landholders,
especially the middle peasantry, are actively concerned with community
development programmes, the Government sponsored co-operatives with their control
over the allocation of credit, fertilizers and seeds, and on the legislative side, the land
reform and agricultural taxation policies of the State Governments.
One can also discern in many states tensions between urban and rural areas as each seeks
greater allocation of state development funds, and between the urban intellectuals and the
business community, particularly in Calcutta and Bombay. Trade Unions are also
becoming an increasingly important force in state politics although in the main, units are
hostages of national political parties.
7. Segmental Politics : Another peculiar feature of the state politics in India has been its
virtual segmented character. The happenings in one state usually do not produce any
impact on the other states. Sometimes these happenings have only a local effect and do
not produce any repercussion even in the other regions of the same state. For example,
we can understand this characteristic in the light of the Assam Movement (1979-82). On
the eve of the 1980 Lok Sabha elections, Assam was in turmoil. While there was no
impact of this movement on other states.
8. Defections and State Politics : The most significant development in the post-fourth
general election period were the formation of many coalition governments of widely
heterogeneous elements and the continuous process of changing party affiliations by
legislators in large numbers, thereby affecting the fate of ministries and the course of
politics. Newer and newer combinations of groups and parties came into being, in many
cases 'operation alliance' and 'operation topple'continued side by side. During 1967-73
some 45 State Governments were toppled in quick succession with as many as over 2,700
cases of defection by. legislators. Over 60 per cent legislators all over the country were
involved in the game—many of them changing their affiliations more than once and
some of them as many as four or five times within a year.
9. Emerging Regionalism : With the collapse of the Congress system, regional parties and
regional leaders like N.T. Rama Rao, R.K. Hegde, Jyoti Basu, Devilal, Farooq Abdullah,
Mulayam Singh Yadav, Laloo Prasad Yadav, Chandra Babu Naidu, K. Karunanidhi, G.
K. Moopnar, Jayalalitha, Mamata have emerged political figures of national attention.
The most distinctive feature of the 11th, 12th and 13th Lok Sabha elections is to give an
increasing share of both votes and seats to the 'regional'and smaller parties. Coalition
politics comes of age with the emergence of State-level forcesSTATE POLITICS IN INDIA
467
which seek to leverage their increased political clout for a more federal power sharing
structure.
The 13 parties constituting the United Front and 24 parties constituting the NDA are
mostly regional players who have emerged powerful enough to be big players in the
making of the Union Government. The so called unclear mandate of 1996,1998 and 1999
was clear on this—that the fortunes of national parties were from now linked to those of
regional parties.
10. Change in the Pattern of State Leadership : The political leadership in most of the
Indian States is the monopoly of upper caste Kulaks who dominate the countryside. But
as a result of the radicalization of politics, leadership in a few states has slipped into the
hands of the backward caste elites. For example, Madhav Singh Solanki, the only Chief
Minister of Gujarat to have completed a full five year term, was not a Patel landlord. His
successor Amar Singh Choudhari was north India's first Adivasi Chief Minister. The
1990 verdict has, however, signalled, the coming to power of intermediary castes and a
post-1947 born leadership. For the first time two Yadav chief ministers rule almost one-
fourth of the nation's population in U.P. and Bihar.
11. Anti-Centre Postures : The increasing political compulsions have forced the regional
leaders to raise populist slogans and thrive at anti-centre postures. Regional parties now
look upon the Centre as something alien. Every small issue is turned into one of state
versus Centre, with the result that more and more states have transited from tolerance to
intolerance and from consensus politics of 1960's to politics of confrontation.
12. Political Instability : Since 1967 political instability has become the hallmark of state
politics. The President's Rule has been used for more than 116 times. Several States have
undergone President's Rule five or six times since independence. The frequency of the
use of President's Rule went up steadily since 1960 and dramatically since Indira
Gandhi's accession to power as P.M. Rajiv Gandhi ran the States like his personal
kingdoms, changing within a span of five years about 20 chief ministers.
Conclusions
In short, coalition governments, political instability, factionalism, caste based violence,
central intervention and frequency of President's Rule, political defections, emergence of
regional parties and regional satraps are some of the emerging features of state politics.
As far as the effort of evolving a theory of state politics is concerned it is somewhat
premature, partly because the patterns of state politics are yet in the process of energence
and partly because their real form would come into view after the hangover of national
movement-oriented leadership and after there are more cracks in one party dominance
resulting in greater polarization of political forces, and after India attains the take-off
stage in economic growth.28
REFERENCES
1. Myron Weiner, ed., State Politics in India (New Jersey, 1968), p. 3.
2. Ibid., p. 4.
3. Iqbal Narain, ed., State Politics in India (Meerut, 1976), p. xvi.
4. Ibid.
5. Robert L. Hardgrave, Jr., India: Government and Politics of Developing Nation (New York,468] 6.
INDIAN GOVERNMENT AND POLITICS
7.
8.
9. 10. 11.
12. 13. 14. 15.
16
17.
18.
19. 20. 21. 22. 23. 24. 25. 26. 27.
28.
Haridwar Rai and Jawahar Pandey, "State Politics: In Need of a Framework of Analysis." Indian Journal of Political
Science (Chandigarh), June 1979, pp. 124-25. See Norman D. Palmer, The Indian Political System (Boston, 1961J;
Rajni Kothari, Politics in India (New Delhi, 1970); Morris Jones, Government and Politics in India (London, 1971).
Amal Ray, Inter-Governmental. Relations in India (Bombay, 1966), p. 128. Rai and Pandey, n. 6, p. 127.
Rajni Kothari, Politics in India (New Delhi, 1970), p. 121.
In this category the following important studies may be mentioned. F.G. Bailey, Politics and Social Change : Orissa in
1959 (California, 1963); Robert L. Hardgrave, Jr., The Dravidian Movement (Bombay, 1965); Paul R. Brass, Factional
Politics in an Indian State: The Congress Party in Uttar Pradesh (Berkeley, 1966); Marcus F. Franda, West Bengal and
the Federalising Process in India (Princeton, 1968); K.L. Kama], Politics in an Indian State: A Study of the Main
Political Parties in Rajasthan (New Delhi, 1969); P. Spratt, D.M.K. in Power (Bombay, 1970); Marcus F. Franda,
Political Development and Political Decay in Bengal (Calcutta, 1971); CM. Jain, State Legislatures in India (New
Delhi, 1972); Ranbir Sharma, Party Politics in Himalayan State (New Delhi, 1977); A.C. Sinha, Politics of Sikkim: A
Sociological Study (Delhi, 1975); P.N. Sheth, Patterns of Political Behaviour in Gujarat (Ahmedabad, 1976); J.R.
Siwach, The Office of the Governor (New Delhi, 1977); M.S. Dahiya, Office of the Governor in India (Delhi, 1974);
N.S. Gehlot, The Office of the Governor—Its Constitutional Image and Reality (Allahabad, 1977); Shri Ram
Maheshwari, President's Rule in India (New Delhi, 1977). J.R. Siwach, Politics of President's Rule in India (Simla,
1979); Satish Jha, Political Elite in Bihar (Bombay, 1972). Weiner, n. 1, preface. Ibid.
Iqbal Narain, "The problem," Seminar, no. 87, November 1966.
. Everett M. Rogers, et al. "Research for Development,"in Garald Hurshcesar and Prodipto Roy, eds., Third World
Surveys: Survey of Research in Developing Nations (New Delhi, 1976), pp. 1-40.
. Works such as Myron Weiner, State Politics in India (Princeton, 1968); Iqbal Narain, State Politics in India (Meerut,
1976); Shri Ram Maheshwari, State Governments in India (New Delhi, 1979); G. Rama Reddy and B.A.V. Sharma,
State Government and Politics: Andhra Pradesh (New Delhi, 1979); Paul Wallace and Surendra Chopra, Political
Dynamics of Punjab (Amritsar, 1981). Weiner, n. 1, p. 7. Rai and Pandey, n. 6, pp. 137-38. Ibid., p. 138.
Ibid.
Narain, n. 2. p. xxx.
A.H. Hanson and Janet Douglas, India's Democracy (New Delhi, 1974), p. 4.
W.H. Morris Jones, The Government and Politics of India (London, 1964), p. 65.
Ibid., p. 66. '
Weinei-, n. 1, p. 44.
India Today, May 28 2001, pp. 22-31 and September 13, 2004, p. 32.
Rajni Kothari, Politics in India (New Delhi, 1970), p. 177. On the general theme see Marcus
Franda, "The Organisational Development of India's Congress Party," Pacific Affairs, Fall
1962, and Stanely A. Kochanek, The Congress Party of India : The Dynamics of One-party
Democracy (Princeton, 1968).
Narain, n. 3. p. xxxvi. Chapter 38
EVOLUTION OF STATES IN INDIA
EVOLUTION OF STATES IN BRITISH INDIA
India is today a Union of twenty-eight States and seven Union Territories. The geography
of the Indian federal polity, however, has been the product of a long period of
development and even after it came into existence, it has been continuously changing.
Nor can one say with degree of certainty that the boundaries have at last been drawn with
finality. In the British period, the 'States' were known as 'Provinces' and it was the
Provinces which first came into existence before any form of Central Government did. 1
The first Central Government could make its appearance only in the year 1773. Before
this, there were three 'Provinces' known as 'Presidencies,' namely the Presidency of Fort
William in Bengal, the Presidency of Fort St. George in Madras and the Presidency of
Bombay. The Presidency of Fort William was the largest and the Charter Act of 1833
provided for its division into: (i) the Presidency of Fort William in the lower province in
Bengal, and (ii) the Presidency of Agra. The proposed bifurcation, however, was
postponed and the creation of the Presidency of Agra was cancelled and in its place the
North-West Provinces under a Lt. Governor was set up in 1836. Punjab became a
separate province in 1849 followed by Oudh in 1856, the Central Provinces in 1861,
Assam in 1874, the North Western Frontier Province in 1901, the United Provinces of
Agra and Oudh in 1901, Bihar in 1912, Sindh and Orissa both in 1936.
In addition to these twelve Governor's provinces, there were six Chief Commissioner's
provinces, viz., British Baluchistan, Delhi, Ajmer-Merwara, Coorg, Andaman and
Nichobar Island and Panth Piploda. After India's partition in August 1947, both the North
Western Frontier Province and Sind became part of Pakistan, while Punjab and Bengal
were divided between the two countries. Baluchistan was also given to Pakistan.
Independent India thus comprised nine Governor's Provinces : Chennai, Mumbai, West
Bengal, the United Provinces, Bihar, East Punjab, the Central Provinces, Assam and
Orissa and five Chief Commissioner's Provinces: Delhi, Ajmer-Merwara, Panth Piploda,
Coorg and Andaman-Nicobar Islands.
STATE SET-UP AT THE COMMENCEMENT OF THE CONSTITUTION
In the wake of partition, India faced the problems of consolidation, the integration of the
Princely states and the framing of a Constitution. Approximately two-fifth of the area
under the Raj had been made up of these 562 principalities, varying in size from a few
square miles to an area as large as Hyderabad, with seventeen million people. Once the
Princely states had acceded to India, the process of integration began. Smaller states
were
provinces. Others were consolidated as Centrally470
INDIAN GOVERNMENT AND POLITICS
administered areas. States of another class, because of their affinity, were consolidated as
new federal units. These included Rajasthan, Saurashtra, and Travancore-Cochin,
Mysore, Hyderabad, and, in a separate class, the State of Jammu and Kashmir retained
their integrity as separate States of the Indian Union.
In 1950, when the new Constitution came into existence, the constituent units of the
Indian Union thus found themselves classified into Part A, Part B, Part C and Part D
States. Part A States included the erstwhile Governor's Provinces; Part B States, the
erstwhile Princely States; Part C States the erstwhile Chief Commissioner's provinces as
well as some of the erstwhile Princely States, and the Andaman-Nicobar Islands were
kept as the solitary Part D State.
The Head of the Part A States was the Governor while the Head of a Part B State was the
Rajpramukh. Part B States were bound by certain special agreements entered into in
consequence of their financial integration. Part C States were administered by the
President through a Chief Commissioner or a Lieutenant Governor. They were originally
Chief Commissionor's provinces and their administration was vested directly in the hands
of the Central Government. They were governed by the Government of Part C States Act,
1951. The Part D State was also administered by the President through a Chief Commis-
sioner, but there was no provision whatsoever for a legislative body or a Council of
Ministers.
In 1950, the States of all the four categories numbered twenty-nine, and were classifed as
follows :
TABLE 1 STATE SET-UP AT THE COMMENCEMENT OF THE CONSTITUTION
Part A PartB PartC PartD
1. Assam 10. Hyderabad 19. Ajmer 29. The Andaman
2. Bihar 11. Jammu & 20. Bhopal and Nicobar
3. Mumbai Kashmir 21. Bilaspur Islands
4. Madhya 12. Madhya 22. Cooch-Behar
Pradesh Pradesh 23. Coorg
5. Chennai 13. Mysore 24. Delhi
6. Orissa 14. Patiala & 25. Himachal
7. Punjab East Punjab Pradesh
8. The United States Union 26. Kutch
Provinces 15. Rajasthan 27. Manipur
9. West Bengal 16. Saurashtra 28. Tripura
17. Travancore-
Cochin
18. Vindhya
Pradesh
HISTORY OF THE DEMAND FOR REDISTRIBUTION OF STATES
The demand for a redrawing of the state boundaries in India is long-standing, dating back
to the year 1903 when Sir Herbert Risley, Home Secretary in the Central Government,
wrote to Bengal proposing the historic partition of that province, effected in 1905. The
authors of the report on Indian Constitutional Reforms were well disposed towards
provincial reorganisation for three principal reasons—first, the provinces as they existed
bore an artificial character; second, if these units were made smaller in size and more
homogeneous in character, the business of Government was to become simplified and
third, theEVOLUTION OF STATES IN INDIA
471
linguistic provinces were to lend themselves to the adoption of regional language for
purposes of transaction of Governmental business which was to attract to public affairs
persons not acquainted with English and thus to broadbase Indian politics. Mahatma
Gandhi at the very outset wanted that the provincial units of the Congress Party should be
organised on a linguistic basis. Accordingly, in 1921 the Congress Party gave effect to
the linguistic principle in its own constitution by dividing the existing provinces into
linguistic ones for its organisation purposes. The Nehru Report (1928) approached the
question of formation of provinces on the basis of linguistic affinities. The principles to
govern redistribution of provinces are according to this Report, partly geographical and
partly economic but two main considerations are the popular wishes and the linguistic
unity of the area. In a democracy the language of official communication cannot but be
the language spoken by the people, which means that so far as the provinces are
concerned, it must be the provincial language; and other course is bound to keep the
development of the common man stunted.2
The Simon Commission was much more analytic and balanced in its examination of this
question. In its report, submitted in 1930, it gave qualified support to the proposal of
linguistic provinces. "If those who speak the same language form a compact and self-
contained area, so situated and endowed as to be able to support its existence as a
separate province, there is no doubt that the use of a common speech is a strong and
natural basis for provincial individuality."3 The Congress Party adopted a resolution in
1927 affirming that the "time has come for the redistribution of provinces on a linguistic
basis." In 1937 and 1938, it renewed its pledge to recarve the provinces on the same
basis. In its election manifesto of 1945, the Congress reiterated its pledge to set up
linguistic provinces. When the Constituent Assembly of India was engaged in drafting
the Constitution, the demands of formation of linguistic states became intensely live on
its floor. Therefore, in June 1948 the Assembly announced the setting up of the Linguistic
Provinces Commission, under the Chairmanship of S.K. Dar, to examine the case of
formation of certain new provinces.4
The Dar Commission Report was too chastising for the protagonists of the linguistic
province and met with an extremely chilly reception in the country, particularly in South
India which was more insistent on linguistic provinces. The Dar Commission reported:
"It may be that the provinces thus formed will also show homogeneity of language and,
in a way might resemble linguistic provinces. But in forming the provinces the emphasis
should be primarily on administrative convenience and homogeneity of language will
enter into consideration only as a matter of administrative convenience and not by its own
independent force."
The Dar Commission warned that linguistically homogeneous provinces would have a
substantial bias threatening national unity and that in any case, each state would have
minorities. The report was received with general disappointment. The Congress Party
also did not like the Dar prescription and announced its own Committee to consider the
question of linguistic provinces. Appointed at the Jaipur session of the Congress held in
December 1948, the Linguistic Provinces Committee consisted of three members,
namely, Jawahar-lal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya, "to examine the
, of the decisions taken by the Congress in the past and the472
INDIAN GOVERNMENT AND POLITICS
concerned with the problem of national unity reaffirmed the position of the Dar Commission: "It
would unmistakably retard the process of consolidation (and) let loose, while on we are still in a
formative stage, forces of disruption and disintegration." It, however, concerned that a strong case
might be made for the formation of Andhra from the Telugu speaking region of Madras, and that
if Public sentiment was "insistent and overwhelming," this and other cases might be given further
consideration. This was the opening wedge for the bitter struggle over states reorganisation which
was to dominate Indian politics from 1953 to 1956.6
The Creation of Andhra Pradesh
The demand for a separate state of Andhra had deep roots among the Telugu people.
Rajagopalachari's Ministry in Madras after the first general election was not a happy family. His
differences with T. Prakasam, popularly known as 'Andhra Kesari,' accentuated the clash between
the Tamils and the Telugu-speaking Andhras. The Andhras now revived their demand that the
Madras (Chennai) state, as formed by the British be carved into two separate Tamil and Telugu-
speaking states. This movement got a big fillip when a respected leader, Potti Sriramulu,
undertook a fast unto death. Nehru told his cabinet colleagues he would not be intimidated by
these tactics. But when the fasting leader died and the tragedy was followed by widespread riots
and destruction, Nehru yielded and in 1953 the State of Andhra Pradesh was created. Although
Nehru argued against the 'foolish and tribal attitudes' of provincialism, the States, he said, were
only for administrative purposes—but the demand has been recognised and other linguistic
groups would now have nothing less.
THE APPOINTMENT AND REPORT OF THE STATES REORGANISATION COMMISSION
The creation of Andhra state was the signal for a demand for a Kannad-speaking state comprising
old Mysore state and including areas then part of erstwhile Bombay (Mumbai) and Hyderabad
states. Nehru and his cabinet and the Congress High Command decided to resist all attempt at
further division of the states according to language. However, when Nehru was greeted with
black flags at Belgaum, he sensed the danger to his position as the idol of the people and
announced the formation of a Commission (December 29, 1953) to study the question of
reorganisation of states on a linguistic basis under the Chairmanship of Fazal Ali, a judge of the
Supreme Court. The other two members of the Commission were H.N. Kunzru and K.M.
Panikkar.8
The States Reorganisation Commission sought a 'balanced approach' between regional sentiment
and national interest. The Commission's Report, popularly known as the SRC Report, is a 267
page document representing the conclusions of the three members after travelling over 98,420
square kilometres, interviewing some 9,000 persons and examining nearly 1,52,000 documents.
The unity of India, the Report concluded, should be regarded as the primary consideration in any
redrawing of the country's political units. The Commission rejected the theory of 'one language
one state', but recognised linguistic homogeneity as an important factor conducive to
administrative convenience and efficiency. The Commission recommended that the political
divisions of the Union be redrawn generally in accordance with linguistic demands. It
recommeded that the constituent units of the Indian Union be the following sixteen States and
three Centrally administered areas.9EVOLUTION OF STATES IN INDIA
473
States
1. Chennai 2. Kerala 3. Mysore 4. Hyderabad 5. AndhraPradesh 6. Mumbai 7. Vidarbha
8. Madhya Pradesh 9. Rajasthan 10. Punjab 11. Uttar Pradesh 12. Bihar 13. West Bengal
14. Assam 15. Orissa 16. Jammu & Kashmir.
Centrally Administered Areas
1. Delhi, 2. Manipur, 3. Andaman and Nicobar Islands.
The Commission recommended that the classification of the States in four categories (A,
B, C and D) as envisaged in the Constittttion should be done away with and all the States
be given an equal status. It also recommended that the office of the Rajpramukh, which
smacked of the monarchial idea should be abolished. It did not find any ground for the
formation of separate states of Punjabi Suba, Haryana and Maru Pradesh. It
recommended the continuation of Mumbai as a bilingual state. The demands for separate
tribal states, including Jharkhand and Nagaland, were also bypassed.
Criticism of the SRC Report
The SRC Report was strongly criticised in all sections of the country. The New York
Times remarked even before the publication of the report that the Commission would
suggest enlarging some states, making some smaller, wiping out a few altogether, and
creating some new ones. In West Bengal, Orissa, Punjab and Mumbai the criticism was
particularly strong. When the SRC declined to accept the idea of a Sikh state, agitation
among the Sikh was to be anticipated and was promptly forthcoming. Nehru expressed
surprise at some of the recommendations of the Commission. He did not like the breakup
of Hyderabad, which he thought was a model composite state. G.B. Pant, on the other
hand, welcomed this recommendation, for it would remove Hyderabad as "a focus of
muslim power." Pant wanted to give a 'decent burial' to linguism as an active political
force. The country was now in the grip of the controversy over the Fazal Ali Report. And,
as days passed the controversy gathered momentum. C. Rajagopalachari asked Nehru to
shelve the report for twenty-five years and The Hindustan Times advised Nehru to
"debunk the one language, one state proposal." The Chief Ministers of Bengal and Bihar
offered to amalgamate their states in a bid to check 'linguistic madness'. It was even
suggested that the country be carved out into five or six zonal administrative units.
THE STATES REORGANISATION ACT, 1956
The SRC's proposals for redistribution of states in some cases were drastically revised by
the Government. On January 16, 1956 the Government announced its decisions on the
Report, which may be summarised as follows: (1) The Government accepted the
Commission's recommendations regarding the formation of the new states of Kerala,
Karnataka (which was to be named Mysore) and Madhya Pradesh and regarding the
continuance of the states of Chennai, Rajasthan, Uttar Pradesh, Bihar, West Bengal,
Assam and Orissa, broadly on the basis proposed by the Commission. In other words: (a)
Uttar Pradesh was to continue in its existing form; (b) Madhya Pradesh, Rajasthan and
Orissa were to be as proposed by the Commission; (c) Chennai, Kerala, Karnataka
(Mysore), Bihar and West Bengal were to continue as wished by the Commission,
subject, of course, to minor boundary adjustments; (d) Assam was to be as desired by the
Commission except that Tripura was not to be included in its territory; (e) Maharashtra
was to consist of the Marathi speaking areas nf Mumbai, Madhya Pradesh, Hyderabad
and Gujarat of Saurashtra, Kutch
constitutional474
INDIAN GOVERNMENT AND POLITICS
disparity between the different categories of states was to disappear. This meant that Part B states
were to be equated with Part A states by deleting Article 371 of the Constitution and abolishing
the institution of Rajpramukh and Part C states were to disappear altogether as a separate cluster
of states and such of the existing Part C states as could not be merged in adjoining states were to
be directly administered by the Central Government; (g) Tripura was to remain as a Centrally
administered area; (h) The Central Government had under consideration the Commission's
recommendation about the formation of (i) a Punjab state comprising the territories of the
existing states of Punjab, PEPSU and Himachal Pradesh, and (ii) a residuary Hyderabad state, or
alternatively a larger Andhra state.
The States Reorganisation Bill was introduced in April 1956. It was finally passed in July 1956
and came into force in November 1956. The Act did away the four categories of states as
provided under the original Constitution, and instead classified them into two categories—the
States and the Union Territories. Although the States Reorganisation Commission had
recommended the creation of 16 States and 3 Centrally administered areas, the Act provided for
the creation of 14 States and 6 Union territories as under:
States
1. Andhra Pradesh 2. Assam 3. Bihar 4. Mumbai 5. Jammu and Kashmir 6. Kerala 7. Madhya
Pradesh 8. Chennai 9. Mysore 10. Orissa 11. Punjab 12. Rajasthan 13. Uttar Pradesh 14. West
Bengal.
Union Territories
1. Andaman and Nicobar Islands 2. Delhi 3. Himachal Pradesh 4. Lacadive Minicoy and
Amindivi Islands 5. Manipur 6. Tripura.
Formation of the State of Maharashtra and Gujarat
The SRC opposed the division of Mumbai into Marathi and Gujarati states largely because of the
critical question of Mumbai City. Marathi speakers constituted its largest language group, but the
city was dominated by Gujarati wealth. When Nehru declared that "no decision is irrevocable in
democracy" he gave an opportunity to every linguistic group to get what it wanted if it could
mount the necessary political pressure. Encouraged by Nehru's attitude, the people of
Maharashtra gave a keen edge to the controversy over Mumbai state. They demanded that the
composite state be split into separate states of Maharashtra and Gujarat. In the Marathi-speaking
districts of Mumbai state widespread rioting broke out and eighty people were killed in police
firing. Under pressure the Centre offered, but then withdrew a proposal that the state be divided
but that the city of Mumbai be administered as a separate state. During this period of indecision
and vacillation on the part of Nehru and the Congress High Command, the rioting spread to
Gujarat. Mumbai politics polarized linguistically; two broadly based language front
organisations, the Samyukta Maharashtra Samiti and the Mahagujarat Janata Parished were
formed. In the 1957 elections, the Congress majority in Bombay was seriously threatened.
Agitation continued and in 1960 the Congress gave way to the demand for reorganisation. Gujarat
and Maharashtra were constituted as separate linguistic states with the city of Bombay included
as part of Maharashtra.u
The Creation of the State of Magaland
In 1961 yet another new state was created when Nagaland (Territorial Provisions) Regulations
were promulgated by the President; the areas com-EVOLUTION OF STATES IN INDIA
475
prised of Naga Hills and Tuensang Area assumed the name of Nagaland and was given
the status of the sixteenth state of the Indian Union.
The demand for the creation of Nagaland posed a more serious problem. The Naga Tribes
in the hills along the Assam-Burma border had never been completely brought under
control by the British, and they were eager to assert their independence from the new
Indian Government. The situation was further complicated by the conversion of many of
the Nagas to Christianity by American Baptist missionaries. Their missionary tie gave the
Nagas outside leverage. When the Government sought to bring under control formerly
unadministered areas of the Nagas, the Nagas appealed to the United Nations, protesting
against what they called an Indian invasion and the Naga National Council was organised
to function as a parallel Government with Assam. With money and arms secured by Naga
leader A.Z. Phizo, who later set up an exile Government in London, the rebellion became
increasingly serious. In 1956, the Indian Government sent in troops to pacify the area.
The Naga people's convention, representing the more traditional leadership of the Naga
tribes, opposed Phizo and proposed a settlement within the Indian Union. The Nagas
were finally released from Assamese administration and in 1963 the state of Nagaland
came into being.12
Bifurcation of Punjab
The Punjabi speaking people of the State of Punjab, mainly Sikhs, under the leadership of
the Akali Dal demanded a separate Punjabi speaking state. The Hindus, on the other
hand, under the leadership of the Jan Sangh, Hindu Mahasabha and the Arya Samaj urged
the union of Punjab, Himachal Pradesh and Patiala and East Punjab States Union into a
'greater Punjab' containing a Hindu majority. Both sides resorted to agitation, violence,
strikes, demonstrations and fasts—sometimes 'fasts unto death'. The Centre did not
concede their demands. Sant Fateh Singh, leader of one of the two factions of the Akali
Dal, held out a threat that if by September 25, 1966 the demand for a Punjabi speaking
Suba was not conceded he would burn himself to death. The situation in Punjab became
very tense. Apprehending a danger to the integrity and security of the country, the Centre
decided on 1st November, 1966 to divide Punjab on linguistic lines. The Punjabi
speaking districts formed the state of Punjab, seven Hindi speaking districts formed the
new state of Haryana, and the Hindi speaking hilly areas of Punjab contiguous of
Himachal Pradesh were transferred to Himachal Pradesh. It was decided to make
Chandigarh a Union territory. The number of states now went upto seventeen.13
Formation of the State of Himachal Pradesh
In January 1971, Himachal Pradesh, a Union Territory, was elevated to the level of a
state.
Reorganisation of Assam
In April 1970, a separate autonomous State of Meghalaya was created within Assam.
This was an autonomous state within Assam, and was provided with its own Legislature
and Council of Ministers. But this did not satisfy the aspirations of the people, and on
30th September, 1970, the Meghalaya Assembly unanimously resolved to request the
Union Government to convert the autonomous state into a full fledged state. This demand
was eventually conceded in January 1972 and this raised the number of states to nineteen.
The DovKo^orvt ^n fact Dassed the North Eastern Areas (Reorganisation) Act, 1971476
INDIAN GOVERNMENT AND POLITICS
Manipur and Tripura emerged as three separate states and Arunachal Pradesh and
Mizoram as Union Territories.
Accession of Sikkim as the Twenty-second State
On 7th September, 1974, the Parliament passed an Act extending to Sikkim the status of
an 'associate state'. The associate status lasted for less than a year, and on 26th April,
1975 Sikkim formally became the twenty-second state of the Indian Union.
Mizoram as the Twenty-third State
Under the British administration, Mizoram was known as Lushai Hills District. In 1954,
by an Act of Parliament the name was changed to Mizo Hills District. In 1972, when it
was made into a Union Territory, it was named Mizoram.
With independence, Mizoram became a district of Assam. Because of neglect by the
authorities the Mizos felt that it was a bad bargain for them to continue as part of India
and started agitations in 1966. It was declared a disturbed area. Armed Forces (Special
Powers) Act also was invoked. On June 30, 1986, the historic Mizoram Peace Accord
was signed between the Government of India and the Mizo National Front ending the
two-decade old insurgency. Consequently, constitution (53rd Amendment) Act, 1986,
inserted a new Article 371-G conferring full statehood on Mizoram.
Arunachal as the Twenty-fourth State
Arunachal, originally known as the North-East Frontier Agency (NEFA), was placed
under the administration of the Union Government under the name of Arunachal Pradesh
on January 20, 1972. It became a full-fledged State of the Union in December 1986. Goa
as the Twenty-fifth State
Till August 12,1987, Goa was part of the Union Territory of Goa, Daman and Diu. Goa
became the twenty-fifth state in the Indian Union by an Act of Parliament on August 12,
1987. While Daman and Diu formed a Union Territory, administered by the Governor of
Goa who simultaneously holds office as the Lt. Governor of Daman and Diu.
Chhattisgarh as the Twenty-sixth State
On November 1, 2000 a new state to be known as the state of Chhattisgarh comprising
the following territories of the existing state of Madhya Pradesh came into existence :
Bastar, Bilaspur, Dantewara, Dhamtari, Durg, Janjgir-Champa, Jashpur, Ranker,
Kawardha, Korba, Koriya, Mahasamund, Raigarh, Raipur, Rajnandgaon and Sarguja
districts. The state has been assigned 5 seats in the Rajya Sabha and 11 seats in the Lok
Sabha. The state shall have a 90 member Legislative Assembly. There shall be separate
High Court for the state.
CHHATTISGARH
Districts r—-
i, Koriya \ 2 \
2. Sarguja
A
3.Jashpur
j\
4. Bilaspur 5 j XL/
5. OK4
Korba / 7r\6i
6. I7\ I
Raigarh /"*
7. Janjgir-Champay
8. Mahasaimmd (\2
l
). Raipur £ (

10 Kawardha \
(Zed rC
V\
II. Durg £~~
12. Rajnandgaon 15 \
*-
13. Ranker /"'^
14. Dhaintari 1
IS. Bastar S> 6
V,
16. Dantewara \
V UJ
n
M. P. ^p>
\
Area.................... sq. km.
\
1,35,19
Population........... 2,08,33,803
Capital . . .. Raipur

Lok Sabha Scats. 11

Rajya Sabha Scat .5
Assembly Scats... .90

EVOLUTION OF STATES IN INDIA

477
fear,

r
[ills [ills

Ied
> of i to ia me rn-ur-lew
'A), bne [the
UTTARANCHAL
Chhattisgarh became a reality without anyone rearly wanting it. Chhattisgarh did not even
experience a mass movement. The BJP adopted the demand because it thought that after the 1998
Assembly elections it would be in a majority in the Chhattisgarh region; the Congress played
along because it was afraid of losing its hold over the region. |
Uttaranchal as the Twenty-seventh State
On November 9, 2000 a new state to be known as Uttaranchal comprising the following
territories of the existing state of Uttar Pradesh came into existence :
Pauri Garhwal, Tehri Garhwal, Uttarkashi, Chamoli, Dehradun,
Nainital, Almora, Pitho-ragarh, Udham Singh Nagar, Bageshwar, Cham-pawat, Rudraprayag and
Hard war districts.
The state has been assigned 3 seats in the Rajya Sabha and 5 seats in the Lok Sabha. The state
shall have a 70 member Legislative Assembly. There shall be a separate High Court for the state
of Uttaranchal.
Jharkhand as the Twenty-eighth state
On November 15, 2000 a new state to be known as Jharkhand comprising
the following territories of the existing state of Bihar came into existence :
Bokaro, Chatra, Dhan-bad, Dumka, Garwa, Giridih, Gumla,
Hazaribagh, Kodarma,
Lohardagga, Pakur,
Palamu, Ranchi, Sahibganj, Bodda, Deoghar,
Singhbhum (East),
Singhbhum (West) .
Later on, in March 2002, following four new districts were created with the name—Latehar,
Saraikela, Jamtara, Simdega.
The newly created state is allotted 6 seats in the Rajya Sabha and 14
Area....................53,483 sq. km.
( \ Population 84 89 349
Capital. .. Dehradun
o
\\ ^ y^ Lok Sabha Seats.....5
/ Rajya Sabha Seats;. 3
> \>S T4 1 {

/5 | ^—v Assembly Seats.....70

OS 3
T\ l_ 1**
1
 \c\ 7 ~^~—--— »» * Nowtherewillbeonly 3i membersin
l

\ I

/ the Provisional Legislative

/oV

/ / Assembly, 22 MLAs and 7 MLCs uf

V,—J 10 \
/ J the present Uttar Pradesh Legislature.

>
P 11
Vn ■--------\

Districts

*
1 Dehradim
\
2 Uttarkashi
3 Tehri Garhwal
/ I ^^«L
\
4 Rudraprayag I 3 ^^-^^^ j
5 Chamoli
6. Hardwar 1 Almora \ fa*Ji**. < J
0
7 Pauri Garhwal 1 Nainital
1
8 Bageshwar 1 Champaw t ^---------------'
2 a
9
Pithoragarh 1 Udham Singh Nagar
3
^^^^ JHARKHAND

Area.................. . 79,714 sq. km.

7 i^~i\
/^BIHAR^ \
Population........ .. 2,69,45,829
Capital.............. Ranchi

•J Districts

I. darwa 12 Dhanbad
I 2. Palamu 1-VBokaro
II »V 3. Chatra 14. Ranchi
^^~ S 4. Koderma 15. Lohardagga
 5. Hazaribagh 16. Gumla
Is—J
6. Giridih 17. West Singhbhum
7. Deoghar 18. Easl Singhbhum

Lok Sabha Seats... 14 8. Dumka 19. Latehar

Rajya Sabha Seats.. 6 9. Godda 10. Pakur 20. Saraikela 21.

Jamtara
478
INDIAN GOVERNMENT AND POLITICS
number of seats in the Legislative Assembly of Jharkhand shall be 81. There shall be a
separate High Court for the state of Jharkhand.
The tribals in the region always had good reason to be resentful of the outsider'who
invariably became the symbol of economic exploitation.
This failure to rectify elements of economic injustice and exploitation gave a cutting edge
to the idea of a separate political entity of the tribals, who would presumably be able to
run the collective affairs differently and better to than the Patna-based rulers.
Separate Statehood Demands in other parts of India
Demands for separate statehood were made in several other parts of the country. The
demand for the creation of Jharkhand out of the Chhota Nagpur region of Southern Bihar
and the contiguous tribal districts of Orissa was a product of the increasing self-
consciousness of the six million members of the Scheduled tribes in the area. The people
of Telangana raised voices throughout the 1960's that they should be separated from
Andhra Pradesh and a new state of Telangana should be created. By agreeing to join the
Government in Andhra Pradesh, the Telengana Rashtra Samiti (TRS) seems to have
reconciled itself to working with the ruling Congress for pursuing its goal of a separate
Telengana State. The people of the former princely state of Mysore demanded separation
from the Karnataka districts. The hilly region of Kumaon and Tehri-Garhwal in Uttar
Pradesh aspired for a state of their own. In west Bengal, the Gorkhaland National
Liberation Front (GNLF) has demanded, occasionally by violent means-, a separate state
of Gorkhaland in Darjeeling district. There was a clamour for a separate state of
Chhattisgarh.
The Bodo agitation is led by the Assam Bodo Student Union (ABSU), which is
demanding a separate state and has resorted to widescale violence and a series of
crippling bandhs to pursue their demand.14
The Buddhists of Ladakh had been carrying on an agitation, which at times turned
violent, in support of their demand for grant of Union Territory status since the existing
set-up in the State of Jammu and Kashmir had not provided them fair and just-treatment.
On the basis of the recommendations of the Committee on Reorganisation of Delhi set-
up, the Constitution (Sixty-ninth) Amendment Act, 1991 and the Government of National
Capital Territory of Delhi Act, 1991 have been enacted for establishment of a Legislative
Assembly and a Council of Ministers for the National Capital Territory of Delhi.
ARGUMENTS IN FAVOUR OF LINGUISTIC STATES
India is perhaps the only country where the states are divided primarily on a linguistic
basis, and in most of the cases the state and linguistic boundaries coincided. Although
they were not so established at the time of independence, all the Indian states have been
reorganised on linguistic principles. Even though such reorganization was often not
favoured by the leaders in the government, they were eventually forced to divide the
country on a linguistic basis for the following reasons :
1. The territories originally annexed by the British had been formed without regard to any
rational, scientific or linguistic considerations. Agitation for a linguistic states first
appeared in Bengal, where prior to 1905 the British had grouped Bengal, Bihar, Orissa
and Chhota Nagpur into one province, and later for administrative convenience divided
the province into East and West Bengal. After vigorous agitation the two Bengals were
reunited on 25 August, 1911, on a linguistic basis. A similar agitation was launched
during the periodEVOLUTION OF STATES IN INDIA
479
of British administration by Telugu speaking people for the separation of Andhra from Madras. In
1917, Andhra and Sind became separate Congress provinces. During the 1920 annual session of
the Congress Party at Nagpur, the party decided to apply the principle of linguistic redistribution
of states on an all-India basis. To implement the objective, the All India Conference appointed a
committee in 1928 to draft a constitution for redistribution of the provinces on a more logical
basis. The conference committee reported that the redistribution should be partly geographical
and partly economic and financial, but that the main consideration should necessarily be the
wishes of the people and the linguistic unity of the areas concerned.
2. The presence of two or more linguistic blocks in the same state makes for inefficiency, friction
and political economic penalization of the minority group. The boundaries formed after the
integration of the princely states were economically, administratively and linguistical illogical. It
was widely felt that there were too many states even after integration. The newly created system
of 29 states was unwieldy, expensive and inequitable and to many it seemed a wiser course to
form linguistic states.
One of the causes for the reorganisation of states into linguistic states was to do away with the
unequal status of Part A, B, C and D states.
3. The idea of linguistic states had a mass appeal, and hence the opposition parties, especially the
Communists, adopted this idea as a tactic to arouse opposition against the ruling Congress Party
in order to gain control of its legislative programme.
4. States reorganisation is best regarded as clearing the ground for national integration. It seems at
least likely that refusal to grant political recognition to the cultural areas would have focussed and
held all political attention on this one spot. The newly fashioned units, it is true, have a self-
conscious coherence and pride, but they are willing, thus equipped, to do business with the
Centre, to work as parts of a whole, of India.
ARGUMENTS AGAINST LINGUISTIC STATES
Inspite of these strong arguments in favour of forming linguistic states, there was strong
opposition to the linguistic re-division of India. Both Nehru and Patel felt that the linguistic re-
division should be postponed in favour of other more pressing and important matters. Soon after
partition Nehru remarked that first thing must come first saying that there was a danger that the
national integration achieved by late Sardar Patel in the first year of independence might be
nullified by a linguistic multi-partition of the country. Dr. B.R. Ambedkar had warned against the
adoption of the linguistic principle and said :
"Linguistic provinces will result in creating as many nations as there are groups with pride in
their race, language and literature. The Central Legislature will be a league of nations and the
Central Executive may become a meeting of separate and solidified nations filled with the
consciousness of their being
separate in culture and therefore in interests......The creation of linguistic
provinces would be fatal to the maintenance of the necessary administrative relations between the
Centre and States."
The arguments against linguistic states are as follows :
1. The reorganisation of states on a linguistic basis created artificial walls between states and
gave rise to numerous inter-state disputes. Several interstate and national problems arise because
of the reorganization of state on a480
INDIAN GOVERNMENT AND POLITICS
2. Linguistic states create a certain danger to national unity since they develop a feeling of
regionalism, hinder economic cooperation between the states and disturb the peaceful
enviornment of the nation.
The feeling of national unity has been especially weakened by the emphasis which the
reorganization has placed on local culture, language and history. A recent example of such
localism may be seen in the decision of the Madras Government to change the names of transport
vehicles, government buildings and residences of Ministers, and to conduct the official state
correspondence in Tamil. The Chief Minister has urged the people to give their new born babies
Tamil names. The name of the State was changed from Madras to Tamil Nadu. Similar
tendencies have been apparent among many different linguistic units in India since the
reorganisation. The developing national rivalries will certainly weaken the overall national unity.
3. The formation of linguistic states has retarded much of planned economic development
because local sentiment within the State often resents the utilization of that state's resources for
the benefit of other states. Inter-state employment possibilities, then other than perhaps in the top
civil services, are decreasing as states are reorganized on linguistic principles. Efficient workers
from one state cannot be employed in an adjacent one when they are deficient in the language
requirements of that state. The creation of linguistic states has created strong regional feelings
among the people.
4. The new enthusiasm and scope for the dominant regional language impinged not only an
linguistic minorities but also on the position of Hindi as the all-India language. In the South the
cry of 'Hindi imperialism' came to be loudly proclaimed.
5. The creation of linguistic states has reinforced regionalism and has stirred demands for
increased state autonomy. This was expressed most stridently by the Communist Party of India
(Marxist) in West Bengal and by the DMK in Tamil Nadu, invoking its earlier call for secession
and the creation of an independent Dravidian State.15
6. Disputes over the boundaries between linguistic states have also stirred violence, as in the case
of the continuning conflict between Maharashtra and Karnataka over the district of Belgaum.
Awarded to Karnataka in the 1956 states reorganisation, the city of Belgaum is linguistically
heterogeneous and its largest community, which speaks Marathi, wants to merge with
Maharashtra. In late 1973, the struggle between the Marathi nativist Shiv Sena party and an
equally chauvinistic Karnataka group turned Belgaum into a madhouse of linguistic rioting. Thus
linguistic states sparked off new controversies. Every state began to quarrel with its neighbouring
states over contiguous areas where people of both linguistic groups were in almost equal
numbers. Thus Maharashtra and Karnataka quarrelled with each other for Belgaum; Chandigarh
became a bone of contention between Punjab and Haryana; Orissa and Andhra hit against each
other over Berhampur. Tirutani and Tirupathi areas provided enough rupture between Tamil
Nadu and Andhra. In each of these cases, the States presented their cases with rancour, even
resorted to legal battles, forgetting the fact that linguistic states were only for administrative
convenience not for extending the domain of any one state.
7. Parochial feelings roused over adjoining areas found a fresh outlet over sharing of the waters
of the rivers which flowed through different States. Whether it was the question of sharing the
Narmada waters or the Kaveri waters, the concerned states behaved as if they should nab for
themselves as much benefits as possible. In this attitude too, the divisiveness of India became
more perceptible.EVOLUTION OF STATES IN INDIA
481
8. Every state wants due recognition of right. Every state clamoxirs for seats of its men in the
Union cabinet. Every state insists that they should have due representation in the Civil Services.
These bickerings deny some of the eminent men berths in the cabinet or in the highest echelons of
the administration. Divisiveness thus dilutes the essence of nationalism.
9. Linguistic majorities in the states assume airs of superiority and often deny to the linguistic
minorities their legitimate rights. Where the linguistic minorities were spread over the entire state
they do not find any representation in the legislatures. Discreetly, the minorities are egged on to
submerge their language and to get themselves assimilated into the major language group.
Linguistic minorities live under differing style of disadvantages. Often there are no schools where
they can teach their children in the mother tongue. When it comes to employment too they stand
at a disadvantage.
Belonging to a linguistic minority has barred many brilliant young men from coming up in
politics. Even a leader like M.G. Ramachandran found, after he broke away from the DMK and
formed AIADMK, that his linguistic origin was being exploited to cut down his electoral appeal.
The DMK propaganda machinery drilled down the fact that MGR was a Malayali and not a
Tamilian. Inherent in this was the insidious propaganda that only a Tamilian could be the Chief
Minister of the State.15
SHOULD INDIA HAVE SMALLER STATES?
"The Indian Union is indestructible but the individual states are not," says the States
Reorganisation Commission of 1955. The territorial inviolability of the States has never been
recognised by any political party or government.
Charan Singh, during the course of his electioneering campaign for the seventh Lok Sabha
elections, revealed that if his party was returned he would divide his home state, Uttar Pradesh, as
it was too big a unit. It may be recalled that while the SRC held that "there is no case for dividing
the Uttar Pradesh and this State should continue in its existing form." K.M. Panikkar, one of the
Commission's members, recorded a note of dissent. According to him, "the partition (of U.P.)
would be greatly to the advantage of the people of Uttar Pradesh, as the present unmanageable
size of this State, stands in the way of efficient administration."
In his fascinating study of Indian Federalism (Federal India—A Design for Change, Vikas, New
Delhi, 1991) Professor Rasheeduddin Khan, not only places the problem in the right perspective
but spells out a design for change which will correct the imbalances in our federal set-up.
The stage has arrived, says the author, when "We have to go from large, administratively
unwieldy, politically troublesome and economically unequal though linguistically homogeneous
states to a more rational reorganisation based on the principles of techno-economic viability,
socio-cultural homogeneity and political manageability."
Take the case of Uttar Pradesh which has been aptly described as 'dysfunctional and lop-sided
leviathan'. The political importance which the State has enjoyed from the beginning of
independence has not helped it to advance economically. It has been lagging behind several other
states mainly because of unimaginative leadership and administrative inefficiency. Besides,
Lucknow has remained distant to various sub-regions of the State. Nor has the distinction of
being the most-populous state helped U.P. economically or socially. The tradition of U.P.
supplying Prime Ministers also seems to have ended.
Tn hitr states, the general trend is for the advanced sub-regions to exploit 482
INDIAN GOVERNMENT AND POLITICS
In 1971-72, its position was 24, which remained unchanged till 1981-82. Most large states are
relatively more heterogeneous and have backward areas. Andhra Pradesh has Telengana and
Rayalseema. Maharashtra has Vidarbha. Karnataka has Gulbarga. Because of heterogeneity, these
pockets of backwardness pull down larger states. Creation of smaller and medium size states is
expected to strengthen the federal set-up because it not only helps mass mobilisation for keener
participation for development but brings functional politics closer to the people. Since India is a
classic plural society and a massive federal polity, its division into states needs to be based on
various considerations. No doubt language is one of them but factors like socio-economic
homogeneity and sub-regional demands should also be taken into account while redrawing the
boundaries of states. A healthy reconciliation between regionalism and nationalism has become a
necessity. With this goal in mind, we should go ahead with another reorganisation of states. Prof.
Rasheeduddin provides food for thought by his observation that "If the United States of America,
with one-third of India's population, can have 50 states, India can also recast its federation to have
as many states as are required by the genuine needs of its diverse population." Not only UP but
states like Madhya Pradesh, Andhra Pradesh and Bihar can be split into smaller units for
administrative and development purposes.
As regards size, arguments in favour of small states are: (a) The administration in such states will
be more accessible to the people. The Government will be able to involve itself more effectively
in meeting the local needs of the people; (b) The involvement of the people in the economic
development, generally, and in co-operative and community development projects in particular
will be ensured; (c) The bonds of democracy will be strengthened and the outlook of unity and
community interest promoted; (d) The social welfare activities can be fostered better.
Smaller States mean better governance, greater co-ordination, less social strife and more
growth.
India Today's India's first ever ranking of the best and worst states to live—and work in places
Goa, Delhi and Himachal Pradesh rank higher than bigger states like Gujarat, Maharashtra,
Karnataka or even Uttar Pradesh, it is not because small states get more investment or have more
infrastructure. It is because their investment, environment and infrastructure facilities are more
accessible to new investment. That makes small states the darlings of the booming services
economy.
India's five best states (Goa, Delhi, Punjab, Kerala and Himachal Pradesh) have lots going for
them, though none are major industrial hubs. Their growth is powered mostly by the services
sector, making them the representatives of India's new economy. Despite their size, the best five
hold out many lessons for their big brothers. Goa had 12 Chief Ministers in a decade, yet it posted
the fastest growth in per capita income in the 1990s. The message : political instability need not
cripple growth. In Himachal Pradesh, the political parties were perpetually at war, yet they agreed
on one thing—development of the state. The result : Himachal has outpaced most states in social
development.
A full realisation of regional aspirations means more states—smaller states like Chhattisgarh and
Uttaranchal. Prime candidates for further divisions are Uttar Pradesh, Madhya Pradesh, West
Bengal and Rajasthan. Small is more than the beautiful. It means much more : better
coordination, better governance and most importantly less social strife. Finance Minister P.
ChidambaramEVOLUTION OF STATES IN INDIA
483
observes on the size of states by saying that the real issue was of governance and smaller states
with manageable size and population were invariably better governed.
The overarching message of the India Today's 2004 States' ranking was that small states are
better states to live in. Reasons for the better performance of small states go beyond ease of
administration. Their small geography makes access to basic Services—hospitals, schools, roads
—easier for people. That is why P. Chidambaram advocated breaking up Maharashtra and Uttar
Pradesh into more manageable units. Experience has been encouraging. On overall performance,
Uttaranchal is seven ranks ahead of the State it was spun off from in 2000—Uttar Pradesh. 16
The surprise is relatively poor performance of Maharashtra and Gujarat. For Maharashtra—
India's second largest state in population and third largest in area—the explanation lies in the
presence of large pockets of under development, like Vidarbha that pull down the average
performance of the State. Pockets of backwardness in districts like the Dangs, Dohad and
Banaskantha keep Gujarat's average score, and therefore, its rank low. These two western states
spend less on public health and family welfare than do Himachal Pradesh or Punjab or Kerala.
About 62 per cent of households in Gujarat and 64 per cent in Maharashtra have tap water as the
principal source of water. In Himachal Pradesh 84 percent of households and in Sikkim 70 per
cent of households have tap water. In basic education too, the average spread of services is better
in many northern and southern states than in Maharashtra and Gujarat.
The smaller states have also some weaknesses. First, the local needs of the people are taken care
of by the machinery of planning and a small state is not able to finance, on its own, projects
which have no chance of being considered at the national level. Secondly, it is not necessary that
a small state can and a large state cannot enlist the cooperation of the people in planning or
forging ahead the ideals of democracy. Thirdly, a small state may not be financially,
economically and administratively viable. "Too many small States may add to the burden of
unproductive expenditure," remarks the States Reorganisation Commission. Conclusions
Reorganisation gave the states a political identity congruent with their culture and language. 17 It
brought state politics closer to the people, and made it easier for traditional leaders and influential
regional groups to capture control or at least exercise much influence over the use of power.
Thus, in a sense, reorganisation made state politics more democratic, but less western in style. It
meant for one thing, that state politics would be increasingly conducted in the regional language
rather than English. Thus, power was now open to others than the small English speaking elite. 18
Anomic movement has been at the back of evolution of states in India and, thus viewed, the
process of emergence of states has been, in a way, more forced than evolutionary. The Central
Government, which is endowed with the necessary constitutional authority to form new states,
has spurred to action almost without fail only by local popular agitations generally accompanied
by violence.
The agitation over linguistic states demonstrated that the Congress had opened a pandora's box.
Indeed when it championed the principle of the reorganisation of India on a linguistic basis, it
stimulated the divisive forces in India to such an extent as to raise doubts about the capacity of
free India to survive as a unified state dedicated to the democratic way. Whereas most of 484
INDIAN GOVERNMENT AND POLITICS
the other basic decisions regarding the nature of the Indian state have tended to give
meaning and reality to the concept of a viable Indian nation, the reluctant concessions to
linguistic demands have revealed the strength of regional as against national loyalties.
Although the number of states has increased from fourteen in 1956 to twenty-eight in
2000, many of them are still quite large sized—larger, indeed, than many sovereign states
in the world. The formation of new states cannot be ruled out, but the argument for
smaller, more administratively viable states is countered by concern that the smaller state
may be more easily dominated by vested interests. The creation of more and more states
meant more Governors, more Chief Ministers, more Ministers and more MLA's and these
were what the politicians in India cared for. The narrow and sectarian instincts of the
ignorant masses were at times stirred up by the professional politicians to serve their own
narrow ends, sometimes in the name of language and very often in the name of their
region or state.
TABLE 2
RANKING OF STATES AND UNION TERRITORIES BY POPULATION
1991 and 2001
Rank „ . ... . Population 2001 Per cent to total Rank in 1991
States/Union population of India
2001 territories 2001 1991
2 .3 4 5 6
ri
f
~ i. Uttar Pradesh 166,197,921 16.17 15.60 1
2. Maharashtra 96,878,627 9.42 9.33 2
3. Bihar 82,998,509 8.07 7.62 5
4. West Bengal 80,176,197 7.81 8.04 3
5. Andhra Pradesh 76,210,007 7.37 7.86 4
 6. Tamil Nadu 62,405,679 6.05 6.59 6
7. Madhya Pradesh 60,348,023 5.88 5.74 7
s Rajasthan 56,507,188 5.50 5.20 9
I -
1 9. Karnataka 52,850,562 5.14 5.31 8
10. Gujarat 50,671,017 4.93 4.88 10
11. Orissa 36,804,660 3.57 3.74 11
12. Kerala 31,841,374 3.10 3.44 12
13 Jharkhand 26,945,829 2.62 2.58 14
14 Assam 26,655,528 2.59 2.64 13
15. Punjab 24,358,999 2.37 2.40 15
16. Haryana 21,144,564 2.05 1.95 17
17 Chhattisgarh 20,833,803 2.03 2.08 16
18 Delhi 13,850,507 1.34 1.11 18
, 19. Jammu & Kashmir 10,143,700 0.98 0.92 19
20. Uttaranchal 8,489,349 0.83 0.84 20
1 21. Himachal Pradesh 6,077,900 0.59 0.61 21
1
22. Tripura 3,199,203 0.31 0.33 22 /
23. Megliaiaya 2,318,822 0.22 0.21 23
, 24. Manipur 2,293,896 0.23 0.22 24
/ 25. Nagaland 1,990,036 0.19 0.14 25
1 26. Goa 1,347,668 0.13 0.14 26
I 27. ArunachaJ Pradesh 1,097,968 0.11 0.10 27 1
i 28. Pondicherry 974,345 0.09 0.10 28 I
/ 29. Chandigarh 900,635 0.09 0.08 30 1
SO. Mizoram 888,573 0.09 0.08 29 1
31. Sikkim 540,851 0.05 0.05 31 /
32. Andaman & Nicobar Islands 356,152 0.03 0 03 32 I JIM
S3. Dadra & Nagar Haveli 220,490 0.02 0.02 33 / m
34. Daman & Diu 158,204 0.02 0.01
34 / Am
35. Lakshadweep 60,650 0 01 0.01
35 /
M
EVOLUTION OF STATES IN INDIA
485
ided
the h of
r
feed,
imot ates Wed irer-fere jsof is to rery
I
Table 2 shows the relative share of population of the States and Union territories to the total population of
India as per the Census of India, 2001.21 The statement also provides the ranking of these States and Union
territories by population size in 1991 and 2001. It can be seen that Uttar Pradesh is by far the most
populous State in the country with more than 166 million people living here, which is more than the
population of Pakistan, the sixth most populous country in the world. The combined population of Uttar
Pradesh and Uttaranchal (until recently a part of Uttar Pradesh) is greater than the population of Brazil.
Nineteen states now have a population of over ten million. On the other extreme there are eight States and
Union territories in the country that are yet to reach the one million mark. Almost half of the country's
population lives in five States, namely, Uttar Pradesh, Maharashtra, Bihar, West Bengal and Andhra
Pradesh. While Uttar Pradesh and Maharashtra have held on to the first two positions in terms of their
ranking in 2001 as compared to 1991, Bihar has moved on to take the third position from its fifth position
pushing West Bengal and Andhra Pradesh now to the fourth and fifth spots respectively.
REFERENCES
1. Shri Ram Maheshwari, "Evolution of States in India."The Indian Journal of Public Administration (New Delhi),
July-September 1976, p. 307.
2. Report of the Committee appointed by the Conference to determine the principles of the constitution for India.
Quoted in S.R. Maheshwari, The Evolution of Indian Administration (Agra, 1970), pp. 123-24.
3. Report of the Indian Statutory Commission. Cmd. 3568 (London, H.M.S.O., 1930), para 38.
4. Handbook of Congressmen (New Delhi: Indian National Congress, 1948), p. 48.
5. Quoted in Joan V. Bondurant, Regionalism versus Provincialism: A Study in Problems of Indian National Unity
(Indian Press Digests, Monograph series, No. 4) (Berkeley, 1958), p. 29.
6. Michael Breacher, Nehru: A Political Biography (New York, 1959), p. 481.
7. Durga Das, India—From Curzon to Nehru and After (London, 1974), pp. 326-27.
8. B.L. Sukhwal, India—A Political Geography (Bombay, 1971), p. 85.
9. Report of the State Reorganisation Commission (New Delhi: Government of India, 1955), p. 46.
10. Durga Das, n. 7, p. 328.
11. Robert L. Hardgrave, Jr., India: Government and Politics in a Developing Nation (New York, 1975), p. 90.
12. D.C. Gupta, Indian Government and Politics (New Delhi, 1978), pp. 257-61.
13. Hardgrave, n. 11, p. 90.
14. The Indian Express (Sunday Edition), July 30, 1989.
15. R.K. Sruvatsa. "India—A House Divided," Caravan (Delhi), August 1980, p. 18.
16. India Today, August 16, 2004, pp. 21-31.
17. Hardgrave, n. 11, p. 95.
18. Duncan B, Forrester, "Electoral Politics and Social Change,"Economic and. Political Weekly, Special Number,
July 1968, p. 1983.
19. Maheshwari, n. 1, p. 327.
20. Norman D. Palmer, The Indian Political System (New York, 1971), p. 117.
21. Census of India 2001, Provisional Population Totals, Paper I of 2001 (Registrar General & Census Commissioner,
India), P. 37.
PChapter 39
THE OFFICE
OF THE GOVERNOR
MODE OF SELECTION
The pattern of government in the States of the Indian Union is of the parliamentary type.
The executive head designated as the Governor is a constitutional ruler and acts
according to the advice of the ministers who are responsible to the lower house of the
State Legislature. As M.V. Pylee observes, "As in the Union, the government in the
States is also organised on the parliamentary model. The head of the States is called the
Governor, who is the constitutional head of the State as the President is for the whole of
India. The chief of the State government is called the Chief Minister who is counterpart
in the State of the Prime Minister of India."1
The executive power of the State is vested in the Governor and all executive actions of
the State have to be taken in the name of the Governor. The Governor is appointed by the
President and holds his office at the pleasure of the President. Any citizen of India who is
over 35 years of age is eligible for the office of the Governor. He is debarred from
holding any other office of profit or being a member of the Union Parliament or any state
legislature.
The term of office of the Governor is normally for five years. However, it can be
terminated earlier either by dismissal by the President or through resignation. The
Governor is paid a monthly emolument of Rs. 36,000 and provided an official residence
free of rent. He is entitled to all the allowances and privileges as were enjoyed by a
provincial Governor at the commencement of the Constitution. Parliament has the right to
make laws relating to emoluments, allowances and privileges of the Governor. However,
the emoluments and allowances cannot be diminished during the term of office.
The Governor is usually a distinguished elder statesman, who can discharge his rather
perfunctory duties with dignity and who is in a position to exercise what Gandhi called an
"all pervading moral influence." Some Governors, such as CM. Trivedi in Andhra
Pradesh and Shri Prakasa in Chennai, have shown how useful a permanent executive,
above party politics, can be in times of political instability and crises. Some students of
Indian politics have recommended the abolition of the office of Governor on the ground
that such an official serves no useful purpose and is merely a drain on the treasury. But
the predominant opinion, reinforced by the experience in the States since independence,
is that there is a need for such a dignitary in each of the Indian States.2THE OFFICE OF THE
GOVERNOR .... SELECTION
487
WHY AN APPOINTED GOVERNOR AND NOT AN ELECTED ONE?
Article 143 of the Indian Constitution says that there shall be a Governor for each state. By the
Seventh Constitutional Amendment Act of 1956, it has been provided that the same person can be
appointed for more than one state. Article 155 provides that, "the Governor of a State shall be
appointed by the President by warrant under his hand and seal." But in actual practice he is
appointed by the Central Government, which means by the party in power at the Centre.
The four alternative methods of selecting the Governor which the Constituent Assembly
discussed before finally adopting "appointment by the President" were: (i) election by adult
suffrage, (ii) election by the members of the Lower House or both Houses of the State legislature
either by the system of proportional representation or otherwise; (iii) selection by the President
out of a panel submitted by the Lower House of the State Legislature; and (iv) appointment by
President.
During the discussion it was a general opinion of the members in the Constituent Assembly that
the election of the Governor on the basis of universal suffrage was incompatible with
parliamentary form of government which had been adopted in the Provinces. K.M. Munshi
stated: "After we have adopted the British model, the election of the Governor by adult franchise
in the Province remained an anomaly, a completely out of date and absurd thing." 4 H.V. Kamath
also expressed the view that if the object was to have a parliamentary democracy in every state,
"then it is patent, it is obvious that the method of choice by election is absolutely, inappropriate
and unacceptable."5 It was also felt that an elected Governor might get into clash with the Chief
Minister and the cabinet responsible to the legislature. Prof. M.V. Pylee also shares this view and
agrees that when the Governor is elected directly by the people on the basis of adult franchise, he
becomes a direct representative of the people and may very well try to exercise his powers not as
a constitutional head of the State, but as its real head. Such a position is very likely to create a
rivalry between the Governor and the Council of Ministers whose members also are directly
elected by the people. Apart from the possibility of a clash between the Governor and the Council
of Ministers, the direct election of the Governor creates a serious problem of leadership at the
time of a general election. During election a political party will have to rally round a leader. Who
will be the leader, the candidate for the office of the Governor or the Chief Minister? 6
Another factor that led the founding fathers to drop the election system was that they did not
intend to give any substantial power to him, in view of the system of parliamentary form of
government. As such they did not think it desirable to have an elected Governor. On behalf of the
drafting committee Dr. B.R. Ambedkar made the position clear and stated: "We feel that the
powers of the Governor were so limited, so nominal, his position so ornamental that probably
very few would come forward to stand for election."
The method of election by the legislature in accordance with the system of proportional
representation by means of single transferable vote suggested by the Constitutional Adviser was
not discussed in detail and it was dropped immediately. While criticising this system, Mrs. G.
Durga Rai maintained that "the system of proportional representation would not improve matters
in any way. That would only produce the effect that it would divide the whole House .:_j-~ ...-----:
„„ „„„,,„„ n^A i+ ,,,ill olon nr-nrlnr-ci all +V10 Hianrlvnntnixps and defects488
INDIAN GOVERNMENT AND POLITICS
The panel system suggested by the Drafting Committee was also left due to certain
factors. Brajeshwar Prasad said that the nomination by the President from a panel of
names in reality meant restricting the choice of the President. It gives power in the hands
of the Legislature. It is necessary that the President should be free from the influence of
the Legislature."9 H.V. Kamath opposed the panel system on the ground that if the
President somehow did not choose the very first nominee and chose the third or fourth,
the legislature of the State would certainly have grouse against the man chosen by the
President because he had been chosen in preference to the first man.1 It was also stated
that when the election would be held for the panel of names, groupism was bound to be
generated within the party.11
After having rejected all the proposals, the framers accepted Rajeshwar Prasad's
amendment for the appointment of the Governor by the President "by warrant under his
hand and seal," thinking it the "lesser most evil," an instrument of maintaining "common
links"13 between the Centre and the States and a cogent factor for establishing "harmony,
good working and sounder relations between the Provincial Cabinet and the Governor."14
Moreover, the experience of running the administration during 1947-49 brought home to
the Constitution makers that disintegrating influences were quite strong in India, that
preservation of the country's unity, solidarity and security was vital, and to that end the
Governor should act as constitutional nexus between the Union and the States. A
decision, therefore, was taken that the Governor should be appointed by the Union
Executive and should be removable by the same authority.
The Canadian Constitution which has a strong Centre seems to have particularly
influenced the Constituent Assembly in this connection. In Canada, the Governor-
General appoints all the Governors who holds office during his pleasure. This provision
as such has not affected the smooth working of the Canadian federation. On the contrary,
it has on several occasions proved beneficial.
APPOINTMENT OF THE GOVERNOR
In Hargovind vs. Raghukul, it has been held that the office of Governor of a state is not
an employment under the Government of India; it is an independent office and is not
under the control or subordinate to the Government of India.
The Constitution vests complete power in the President for the selection and appointment
of the Governor. This means in effect that he is a nominee of the Central Government.
But two conventions have generally come to govern his nomination.15 The Central
Government ordinarily consults the State concerned before announcing the appointment
so that the person occupying this office is the one acceptable to the concerned State
Ministry. This is a sound practice though it has not been adhered to in a few cases.
Before the General Elections of 1967, no importance was given to this convention,
because in the Centre and almost in all the States, the Congress was the ruling party. But
after 1967, it assumed a new significance when coalition governments came into being.
There arose a controversy between the Centre and non-Congress governments in various
States. In this connection the difficulty is that the State Governments misunderstood the
meaning of consultation. But if it is simply consultation and not the consent of the Chief
Minister or the State Cabinet, there is no logic in it. In Haryana, when Rao Birendra
Singh was the Chief Minister, he had consultations with the Central Govern-
i THE OFFICE OF THE GOVERNOR .... SELECTION
489
• Article 153 : There shall be a Governor for each state.
• Article 155 : The Governor of a state shall be appointed by the
President by warrant under his hand and seal.
• Article 156 : The Governor shall hold office during the pleasure of
the President.
The Governor may, by writing under his hand addressed to the President, resign his office. Subject to the
foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on
which he enters upon his office.
• Article 157 : No person shall be eligible for appointment as Gover-
nor unless he is a citizen of India and has completed the age of thirty-five years.
• The salary of the Governor at present is fixed at Rs. 36,000/-. He is also entitled to free use to his official
residence. The salary and allowances of the Governor cannot be reduced during his term of office. (Article
158)
ment on the issue of the Governor's appointment. The Centre refused to accept that the panel of
names should be discussed with him or that he be taken into confidence. The Centre suggested
only one name and not a panel of names.16 In Punjab, Gurnam Singh had disapproved of the two
persons who were proposed as Governors by the Central Government. He suggested instead a few
other names but none of these was appointed.17 What they achieved was only the appointment of
non-Congressmen as Governors of their respective states.
There are cases where the Chief Minister was not consulted at all. For instance, in the
appointment of Sri Prakasa (Madras) and Kumaraswami Raja (Orissa), the respective Chief
Ministers had gone on record that they were not consulted. In Uttar Pradesh, the appointment of
B. Gopala Reddy was announced before the formation of the new government headed by Charan
Singh. In Lok Sabha, S.M. Banerjee wanted to know whether Charan Singh would be consulted
and this appointment would be reconsidered. 9 Y.B. Chavan, the then Home Minister, said that
there would be no consultation.20
In Bihar, controversy arose over the appointment of Nityanand Kanungo. The then Chief Minister
of Bihar, Mahamaya Prasad Sinha, publicly protested against the appointment of Kanungo. He
regretted that the Centre had gone ahead with the appointment despite 'clear rejection' of
Kanungo by the state cabinet. He called it a violation of the convention that the Governor be
appointed in consultation with the State government. The Chief Minister declared that Kanungo
would not be welcomed to the state and described him as an "unwanted and unwelcome
Governor." As a matter of fact, the Chief Minister of Bihar had asked the Centre that M.A.
Ayyanger, the then Governor of Bihar, should be given an extension for another term. But the
Central Government was not prepared to accept the demand of the Chief Minister because
Ayyanger was not prepared to the line of Centre. Similarly, in West Bengal, Dharamvira was
appointed Governor against the wishes of the Chief Minister.
Another convention is that the incumbent of this office comes from outside the State concerned.
This, again, is a wholesome arrangement, because such an incumbent does not have his local
political roots and affiliations and would, 4-T-.-.-.^ Uc (Vao frnm state level party politics. But
the convention has also been490
INDIAN GOVERNMENT AND POLITICS
Wediyar Bahadur and H.C. Mukherjee were appointed Governors of Punjab (1966), Kashmir
(1965), Mysore (1956) and West Bengal, respectively. The case of H.C. Mukherjee is very
interesting. It is reported that when Nehru wanted to appoint a non-Bengali, the then Chief
Minister of West Bengal, B.C. Roy strongly objected saying that West Bengal would not tolerate
a non-Bengali Governor, and B.C. Roy was not a man to be trifled with.
POLITICAL BACKGROUND OF THE GOVERNORS : THE MEN FROM THE RULING PARTY
As a matter of fact there is no fixed criteria for the appointment of Governors. In most of the
cases, the tools of the Central Government and the men from the ruling party are appointed
Governors, and as such, the recall of the Governor is demanded by the Chief Ministers. Up to
1964 out of 45 Governors, 24 had been from the Congress Party. Only one Governor, viz. Pattom
Thanu Pillai of SSP, was appointed from a non-Congress Party. But practically he cannot be
considered as a non-Congress man because his appointment was to serve the interest of the state
Congress Party for controlling state politics.22 In some cases, the defeated candidates of the
Congress Party had been appointed Governors. N.V. Gadgil, H.V. Pataskar and V.V. Giri fall
under this category.23 There are instances where the Chief Ministers of certain states were
appointed Governors to make room for their successors. K.C. Reddy was removed from Mysore
to make room for Hanumanthaiya and B. Gopala Reddy was removed from Andhra Pradesh to
make room for Sanjiva Reddy. A.J. John from Kerala, H.K. Mehtab from Orissa, Bhim Sen
Sachhar from Punjab, Ram Krishna Rao from Hyderabad and Mohan Lai Sukhadia from
Rajasthan were all made Governors to make room for their more influential rivals to become
Chief Ministers. V.V. Giri was a reluctant Governor in the beginning and H.K. Mehtab resigned
Governorship to become the Chief Minister of Orissa. Both K.C. Reddy and Ajit Prasad Jain
declined to accept office after the announcement was made but were ultimately persuaded to
accept the office. 4 A.P. Jain's case is very deplorable. While he was Governor of Kerala, he took
active part in the election of Indira Gandhi as Prime Minister of India.
In the period of Rajiv Gandhi's Prime Ministership (1984-89), a large number of persons
appointed as Governors were from the Congress party. They were Nurul Hassan (West Bengal
and Orissa), Kumud Ben Joshi (Andhra Pradesh), Bhism Narayan Singh (Assam), P. Venkata
Subbeya (Karnataka), Ram Dulari Sinha (Kerala), Jagannath Pahadia (Bihar), Chintamani
Panigrehi (Manipur), Sultan Singh (Tripura), Khurshid Alam Khan (Goa) and Hari Deo Joshi
(Assam). These Governors were not only the Congress Party's active politicians but interestingly
they were appointed in the non-Congress ruled states.
People notorious for their partisanship and high-handedness have been chosen as Governors with
the apparent mandate to destabilise Governments run by Opposition parties. People who had been
rejected by the electorate at the hustings were made Governors on innumerable occasions. People
who had to resign from Government following strictures by the judiciary or on being found guilty
of serious misdemeanour by inquiry commissions were also made Governors. And people who
had to be rewarded for their personal loyalty to the party leadership were made Governors.
There have been people who alternated between Governorship and Chief Ministership or Central
Ministership. Then there have been cases in which caste has been the clinching factor in
appointing someone as a Governor. Scores

I
491
THE OFFICE OF THE GOVERNOR .... SELECTION

of names in all the above categories can be cited. If it is not being done here, it is for the sake of
decency and to uphold the dignity of this high office which otherwise has been used from time to
time as a bait, a sop, a dope or a deal according to the needs and convenience of the ruling parties.
A survey made by the Sarkaria Commission had shown that from 1947 to 1984 more than 60 per
cent of the Governors had taken active part in politics, many of them immediately prior to their
appointment. There was a steep fall in the number of persons made Governors from among
people who were eminent in some walk of life. Most of the people who replied to the
Commission's questionnaire on Governors were naturally critical of the quality and standards of
persons appointed as Governors.
Even among the present Governors of the 28 States, as many as 20 have been active politicians. It
seems that mostly Governorship is reserved for the party men. Nath Pai rightly maintained that
the office of the Governor was degraded by the Centre by making it a patronage and largesse. 25
The fact is that the standard of appointment is deteriorating day by day and such men like E.M.S.
Namboodiripad and Bhupesh Gupta demanded the abolition of this post. A former Chief Minister
of Tamil Nadu, the late Annadurai, openly declared in the legislature and that too on the more or
less solemn occasion of the passing of a vote of thanks to the Governor for his formal address,
that his Government was of the view that the office of the Governor should be abolished. 26
Besides retired Congressmen, another category of Governors is that of civil servants, who are
considered "favourite boys" of the Central Government. Dharamvira, B.N. Chakarvarti, Vishnu
Sahay, Govind Narayan, L.P. Singh, Vinod Chandra Pandey, Rama Devi, P. C. Alexander, etc.
belong to this category. Although these gentlemen had no connection with the party in power, yet
they were inclined to serve and safeguard its interests.
It was Jawaharlal Nehru's dream that only an eminent, non-partisan and non-political man could
be selected for the dignified post of the Governor. As Granville Austin observes, "During the
Nehru years, the governor's selection and functioning had been less controversial for several
reasons : the generally higher calibre of the individuals selected, the comparatively harmonious
condition of centre-state relations, and the stature of many of the chief ministers. Many of these,
as 'national leaders of great prominence'rendered their governor a nullity." However, it has
seldom come into operation. The Administrative Reforms Commission had recommended that a
person who can be trusted to rise above party prejudices and predilections should be considered
for this post. But Governors have been unashamedly appointed in total disregard of these norms.
Most of the appointees have been active politicians whose loyalty to their party often got
reflected in their actions and conduct. One of the incumbents was in charge of the party affairs of
the State when he was made its Governor.
THE APPOINTMENT OF THE GOVERNOR : SOME SUGGESTIONS
A large number of suggestions have been made in connection with the mode of appointment of
the Governors. Nath Pai suggested that the appointment should be subject to the approval of
Parliament. But the difficulty is that this system cannot solve the problem because the Parliament
is dominated by the Party in power at the Centre and the members act according to the direction
of their high command. The Setalvad Study Team is of the view that the Chief Minister should be
consulted. It was intended by the framers also but this too 11 --i-~£>—>■—-I— T-P+'U,, ^«r,o,,i+cifirvn ic aimnlv
pnrisnltat.ion and no492
INDIAN GOVERNMENT AND POLITICS
appointment falls in his hands and not in the hands of the Central Government. A.B. Vajpayee
suggested that a panel of names should be placed before the Chief Minister to select one of them.
This is also a vague suggestion because it is not certain that one of the names would surely be
acceptable to the Chief Minister. The Central government may suggest in the panel all, the four or
five persons who are bent upon to protect the interests of the party to which the Central
Government belongs. Ram Subhag Singh expressed the view that the appointment should be
made by the President aided by a Council of impartial advisers. At present, the difficulty is that
the Governors are considered partial, and if the suggestion of Ram Subhag Singh is accepted, the
advisers would also be characterised as partial. Above all, if the President can select impartial
Governors. K. Subba Rao, a former Chief Justice of India, and K. Santhanam, a former Governor,
have suggested that the Governor should be appointed by the President in consultation with a
high power body. The difficulty is that both these gentlemen are silent about the composition of
this body.
When a politician is appointed as a Governor he obviously belongs to, or is sympathetic towards,
the ruling party of the day. Therefore, Shri Ram Maheshwari rightly pleads for a bureaucratic
Governor. He argues:
A large number of Governors have been former Civil servants, mostly belonging to the Indian
Civil Service, as some of them have often proved to be very useful to their states. Such a
Governor functions as a lobby for his state in the central administrative circles in securing
favourable decisions and also expediting the decision-making processes at the centre. As the
states necessarily depend on the centre for so many things, and as the bureaucracy is extra-
ordinarily powerful in the country, a bureaucrat-governor has acted as an efficient fund gatherer
for his state."
The study team of the Administrative Reforms Commission on Union-State relations suggested
that the following points ought to be observed: (i) The appointment of the Governor should be
subject to Parliament's approval; (ii) there should be a practice of consulting the opposition
leaders in the Lok Sabha on every selection of a Governor, before his appointment, and (iii) the
President should be given the right to select a governor in his discretion. The Rajmannar
Committee appointed by the DMK government in September 1969 suggested that a body of
eminent jurists, lawyers and experienced administrators should be set up to select a Governor."9
Selection of State Governor: Recommendations of the Commission on Centre-State Relations
The Governors came into great prominence after 1967, and have adopted different standards and
practices in various States to suit that interest of the ruling party at the centre, because right type
of persons were not chosen for this high office. The Commission on Centre-State Relations
(Sarkaria Commission) very rightly observes in its report :
"In all the evidence before us, a common thread is that much of the criticism against the
Governors could have been avoided if their selection had been on correct principles to ensure
appointment of right types of persons as Governors."'30
Most of the replies to the Sarkaria Commission's questionnaire received from a cross-section of
the public, are critical of the quality and standard of some of the persons appointed as Governors.
To summarise their comments:THE OFFICE OF THE GOVERNOR .... SELECTION
493
Discarded and disgruntled politicians from the party in power in the Union, who cannot be
accommodated elsewhere, get appointed. Such persons, while in office, tend to function as agents
of the Union Government rather than as impartial constitutional functionaries.
The number of Governors who have displayed the qualities of ability, integrity, impartiality and
statesmanship has been on the declining side.
Sarkaria Commission's survey of the appointments of Governors made since independence till
October, 1984, shows that over 60 per cent of the Governors had taken active part in politics,
many of them immediately prior to their appointment. Persons who were eminent in some walk
of life constituted less than 50 per cent. This percentage shows a steepfall when the figures for the
period from 1980, onwards are compared with those for Nehru period (August, 1947 to may
1964)31 not withstanding the fact that the Government of India accepted the recommendations of
the Administrative Reforms Commission in this regard.
The Commission on Centre-State Relations observed that there was a widespread feeling that in
some cases Governors were appointed on considerations extraneous to merit. The dignity of the
office suffered when persons defeated in elections were appointed. A State Government has cited
recent instances of persons who had to resign from office as Ministers following judicial
strictures being subsequently appointed as Governors. Therefore, the Commission recommends,
that a person to be appointed as a Governor should satisfy the following criteria: 32
(i) He should be eminent in some walk of life, (ii) He should be a person from outside the State,
(iii) He should be a detached figure and not too intimately connected with
the local politics of the State, and (iv) He should be a person who has not taken too great a part in
politics
generally and particularly in the recent past.
In selecting a Governor in accordance with the above criteria, persons belonging to the minority
groups should continue to be given a chance as hitherto.
Mode of Selection
The Sarkaria Commission received various suggestions in regard to the mode of selection of
persons for appointment as Governors. These may be broadly grouped under two categories.
Firstly, there are those which are aimed at making involvement of the State Government in the
selection of the Governor more meaningful. Secondly, there are those which seek to lay down
consultation with, or concurrence of a constitutional authority or body in the selection of a
Governor.
Role of State Government in Selection of Governor
The Sarkaria Commission considered the following suggestions made in the matter involving the
State Government, viz., appointment of the Governor should be made :33
(i) From a panel to be prepared by the State Legislature; or (ii) From a panel to be prepared by
the State Government (in effect the State Chief Minister) or invariably with the State Chief
Minister; or
494
i

INDIAN GOVERNMENT AND POLITICS

Preparing a panel of names in accordance with the suggestion at (i) above will, in fact, mean a
process of direct or indirect election by the State Legislature. A Governor so 'selected' may seek
to override the powers of his Chief Minister, leading to friction between them and distortion of
the system of responsible Government. Such a Governor can hardly be expected to function as a
constitutional head of the State. This was the reason why the framers of the Constitution gave up
the proposal to have an elected Governor.
Two suggestions have been advanced in sub-para (ii) above, are that the Governor should be
appointed either from a panel to be prepared by the State Government (in effect, the State Chief
Minister), or with the concurrence of the State Chief Minister. Firstly, neither suggestion is a
workable proposition. If the Prime Minister and the Chief Minister belong to different political
parties, the process of selection will frequently end in deadlock, instead of concurrence.
Secondly, if in the process, a Chief Minister's concurrence for appointment of an 'insider' backed
by his party in the Legislative Assembly, the selection will be vulnerable on the same grounds on
which framers of the Constitution rejected the proposal to have a Governor directly or indirectly
elected by the State. Besides this, there is a real danger that regional chauvinism might dictate the
preference for a person of parochial views as Governor.
The Sarkaria Commission clearly says, "We cannot, therefore, subscribed to the suggestion that
the Governor of a State should be appointed either from a panel to be prepared by the
Government or with the concurrence of the Chief Minister."
The Commission has examined the suggestion made in sub-para (iii) above, that the Governor
should always be appointed after consultation with the Chief Minister of a State. There has never
been any difference of opinion in political or public circles as to the desirability of such
consultation. The framers of the Constitution were of the view that the person to be nominated as
Governor should be acceptable to the State Government and the Chief Minister should be
consulted. To quote Pandit Jawahar Lai Nehru, the Governor "must be acceptable to the
Government of the Province." The ARC also recommended34 that the convention of consulting
the Chief Minister should continue. The Government of India accepted this recommendation of
the ARC in the early seventies.
It is necessary to be quite clear as to the precise reasons why such consultation is essential. For
proper working of the Parliamentary system, there has to be a personal rapport between the
Governor and the Chief Minister. The importance of such rapport will be easily comprehended
when it is remembered that the Governor, as the constitutional head, has to act as "friend,
philosopher and guide" of his Council of Ministers. It is from this aspect of personal relationship
that consultation with the Chief Minister at the initiation itself, may help prevent the choice of a
person with whom the Chief Minister for personal reasons may not be able to work satisfactorily.
Thus, the main purpose of consulting the Chief Minister is to ascertain his objections, if any, to
the proposed appointment. If the Union Government considers that the objections of the Chief
Minister are not groundless, it may suggest an alternative name. However, if it finds that the
objections are frivolous on manifestly untenable, it may inform the Chief Minister accordingly
and proceed to make the appointment.
The Sarkaria Commission found that consultation with the Chief Minister has not invariably been
taking place in recent years. Some Chief Ministers have informed the Commission that the Union
Government did not ascertain their views before appointing Governors in their respective States.
The generalTHE OFFICE OF THE GOVERNOR .... SELECTION
495
practice, as far as the commission has been able to ascertain, seems to be that the Union
Government merely informs the Chief Minister that a certain person is being appointed as
Governor of the State. Sometimes, even such prior intimation is not given.
The Commission observes, "It is well established that 'consultation' in the context means
ascertainment of the views of the person consulted as to the suitability of the person
proposed for the appointment. A mere intimation that a certain person is being appointed
as Governor is not 'consultation', as it reduces it to an empty formality." In order to
ensure effective consultation with the State Chief Minister in the selection of a person to
be appointed as Governor, the Commission recommended that this procedure should be
prescribed in the Constitution itself. Article 155, should be suitably amended to give
effect to this recommendation.35
A suggestion was advanced that a National Presidential Council should be set up to
advise the President on matters of national interest, inter alias for selection of persons to
be appointed as Governors. The Commission did not agree with this proposal for certain
reasons and recommended that the Vice-President of India and the Speaker of the Lok
Sabha should be consulted by the Prime Minister in selecting a Governor. Such
consultation will greatly enhance the credibility of the selection process.
The National Commission to Review the Working of the Constitution— on Selection, Appointment and
Functioning of the Governors
The National Commission to review the working of the Constitution, headed by the former Chief Justice of
India, Mr. Justice M. N. Venkatachaliah has suggested wide-ranging changes in the appointment and
functioning of Governors.
In a consultation paper released for eliciting public opinion on the selection, appointment and functioning
of the Governors, the Commission sought to correct several anomalies surrounding the crucial issue.
Referring to the appointment and functioning of Governors as well as the anomalies and problems
surrounding the powers vested in them, the panel said the practice of sending ad hoc or fortnightly reports
to the President was not a healthy one.
The Commission felt it would be appropriate to suggest a committee comprising the Prime Minister, the
Union Home Minister, the Lok Sabha Speaker, and the Chief Minister concerned to select a Governor.
"Instead of 'confidential and informal consultations' it i^s better that the process of selection is transparent
and unambiguous," it said.
It suggested a fixed tenure of five years for Governors and the deletion of the provision that the Governor
holds office "during the pleasure of the President." Provision should be made for the impeachment of the
Governor by the State Legislature on the lines of the impeachment of the President by Parliament. Stressing
that its suggestions were aimed at investing the office of Governor with the requisite dignity and integrity
and making the Governor an independent and fair arbiter of a dispute, the panel said it was essential to
retrieve and restore the glory and dignity of the office.
"We recognise that among Governors there have been many fair and independent persons. But, by and
large, the picture has not been an inspiring one. This is because very often active politicians, politicians
defeated at the polls and men lacking in integrity and fairness and individuals not possessing an under-
standing of the constitutional system were chosen for this office," the Commission

496
INDIAN GOVERNMENT AND POLITICS
Conclusions
The role of Governor today is chiefly that of a representative or agent of the Centre, carrying out
the centre's bidding. Their role as head of the State
has become marginal. The office has in fact been used by the ruling party Centre to provide
On July 2, 2004 the UPA Government dismissed Governors of four States, namely, Kedarnath Sahani
(Goa), Vishnukant Shastri (Uttar Pradesh), Babu Parmanand (Haryana) and Kailash Pati Mishra (Gujarat).
Mr. Shiv Raj Patil replying to a short duration discussion in the Lok Sabha on July 12, 2004, on the subject
denied that the Government's actions were 'politically motivated' and that it had not consulted the State
Governments while appointing the new Governors. The four Governors who were removed, he said, were
taking orders from a political party and had 'loudly proclaimed their affiliation to the RSS.' "If some
Governors are not prepared to follow the ideals of secularism and socialism as enshrined in the Constitution
and choose to take their orders from the political parties or organisations that they belong to rather than
from the Government, what are we expected to do?" he asked.
The pleasure of the President
There is no specific provision in our Constitution either to dismiss the Governor or impeach him in case of
misbehaviour, delinquency of constitutional obligation or abuse of power. Nevertheless the Governors have
been unceremoniously dismissed under Article 156(1) which states that the Governor shall hold office
during the pleasure of the President. The pleasure of the President translates into the pleasure of the party in
power. The moot point for the consideration of any civilised government is whether the Governor
appointed by the President for a term of five years can be dismissed arbitrarily by the Union government
without giving him due opportunity at least under the principle of natural justice and without obtaining a
report from the State government concerned. The Union Home Minister, Shivraj Patil, has justified the
dismissal of the four Governors on the ground of ideology, past action and an assessment of the situation
the government anticipated. The response of the Home Minister reiterates the traditional practice and
known political culture of the Congress.
at the for the
leader of some faction in the ruling party who had become inconvenient to its 'high command'. It
is, therefore, ridiculous for any body to attribute the quality of 'impartiality5 to the Governor.
Keeping this in view the appointments of Governors should not be made in a partisan way, as a
political patronage and without any well defined norms and guidelines. Speaking in the
Constituent Assembly on the choice of Governors, Jaw-ahar Lai Nehru observed, 36 "I think it
would be infinitely better if he (Governor) was not so intimately connected with the local politics
of the
province.....and would it not
be better to have a more detached figure, obviously a figure that....must be acceptable to the
Governments of the Province and yet he must not be a part of the party machine of that provi-
nce.....But on the whole, it
probably would be desirable to have people from outside, eminent people, sometimes people who
have not taken too great a part in politics." Thus, it was Jawahar Lai Nehru's dream that only an
eminent, non- partisan and non-political man could be selected for the dignified post of the
Governor. To fulfil his dream the Sarkaria Commission has very rightly recommended : (i) It is
desirable that a politician from the ruling party at the Union is not appointed as Governor of a
State which is being run by some other party or a combination of other parties, (ii) In order to
ensure effective consultation with the State Chief Minister in the selection of a person to be
appointed as Governor, the procedure of consultation should be prescribed in the Constitution
itself by suitably amending Article 155.THE OFFICE OF THE GOVERNOR .... SELECTION
497
The foregoing analysis, thus leads to the conclusion that the first and foremost provision
to be made is to ensure appointment of fair minded men of high calibre and integrity as
Governors. If this is done, they will surely act efficiently and impartially in the discharge
of the limited discretionary function to be discharged by the Governor. Thus, the mode of
Governor's selection, which by and large represents the historical legacies of the colonial
days needs fresh thinking and vigorous reform effort to live up to the challenge or change
and growth popularly known as political development in contemporary India.
REFERENCES
1. M.V. Pylee, Constitutional Government in India (Bombay, 1960), p. 457.
2. J.P. Suda, Indian Constitutional Development and National Movement (Meerut, 1951), pp. 624-28.
3. Pylee, n. 1, p. 459.
4. Constituent Assembly Debates (C.A.D.), Vol. IV, p. 462.
5. Ibid., p. 428.
6. Pylee, n. I, pp. 459-60.
7. CAD., Vol. VIII, p. 468.
8. Ibid., p. 450.
9. Ibid., p. 425.
10. Ibid, p. 429.
11. Ibid. ''
12. Speech of H.V. Kamath, Ibid, p. 430.
13. Speech of Jawaharlal Nehru, Ibid., p. 455.
14. C.A.D.,Vol. VIII, p. 431.
15. Shri Ram Maheshwari, State Governments in India (New Delhi, 1979), p. 35.
16. The Tribune (Chandigarh), 19 August, 1967.
17. Ibid, 18 August, 1967.
18. In Haryana B.N. Chakarvarty, an ICS who was India's Permanent Representative at the United Nations, was appointed Governor.
In Punjab, D.C. Pavate, a former Vice-Chancellor of Mysore University, assumed this office.
19. LokSabha Debates, Vol. II, 1967, col. 2794.
20. Ibid., col. 2795.
21. The Searchlight (Patna), November 16, 1967.
22. S.P. Aiyer and Usha Mehta, ed. Essays in Indian Federalism (Bombay, 1965), p. 185.
23. N.R. Deshpande, "The Role of the Governor in the Parliamentary Governments in the States," The Indian Journal of Political
Science, January-March 1959, p. 21.
24. K.V. Roa, Parliamentary Democracy of India—A Critical Commentary (Calcutta, 1965), 2nd ed. p. 46.
25. Lok Sabha Debates, Vol. VI, 1967, col. 2793.
26. Shri Prakasa, "Governors and their Role," Northern Indian Patrika (Allahabad), May 3, 1967.
27. Maheshwari, n. 15, p. 43.
28. A.K. Sen, "Role of the Governor in Emerging Pattern of Centre-State Relations," The Journal of Constitutional and
Parliamentary Studies, July-September 1971, p. 272.
29. Report of the Centre-State Relations Inquiry Committee (The Government of Tamil Nadu, 1971), p. 120.
30. Commission on Centre-State Relations Report, Part I (Govt. of India Publications, 1987), p. 121.
31. Ibid.,p. 122.
32. Ibid., p. 122.
33. Ibid.,p. 123.
34. The Administrative Reforms Commission, Recommendation 8, Chapter IV of 'Report on r'n^.tvo-Stat-o Relationships'.

1
I
f
IChapter 40
THE ROLE OF GOVERNOR IN
STATE POLITICS
The role of the Governor has emerged as one of the key issues in Union-State relations.
The Indian political scene was dominated by a single party for a number of years after
independence. Problems which arose in the working of Union-State relations were mostly
matters for adjustment in the inter-party forum and the Governor had very little occasion
for using his discretionary powers. The institution of Governor remained largely latent.
Events in Kerala in 1959 when President's rule was imposed, brought into some
prominence the role of the Governor, but thereafter it did not attract much attention for
some years. A major change occurred after the fourth General Elections in 1967. In a
number of States, the party in power was different from that of the Union. The
subsequent decades saw the fragmentation of political parties and emergence of new
regional parties. Frequent, sometimes unpredictable realignments of political parties and
groups took place for the purpose of forming Government. These developments gave rise
to chronic instability in several State Governments. As a consequence, the Governors
were called upon to exercise their discretionary powers more frequently. The manner in
which they exercised those functions has had direct impact on Union-State relations.
The Governor is the 'linchpin of the constitutional apparatus of the State'... His role 'has emerged as one of the key
issues in union-state relations'.... he has been criticised for want of 'impartiality and sagacity' and for being used by the
central Government 'for its own political ends'.
—Sarkaria Commission Report.
"The Governor's office had undergone devaluation and even debasement."
—L.P. Singh
"The Governor had become a party appointment, serving the party rather than the interest of the nation."
—C. Subramaniam
B. K. Nehru described Governors as 'burnt out', as "superannuated members of the ruling party for whom a
governorship was a kind of luxurious retirement."
"The Governor is not amenable to the directions of the government of India, nor is he accountable to them for the
manner in which he carried out his functions and duties. He is an independent constitutional office which is not subject
to the control of the Government of India"
—Hargovind V. Raghukul Tilak AIR, 1979 SC 1113
The role of the Governor has come in for attack on the ground that some Governors have
failed to display the qualities of impartiality and sagacity expected of them. It has been
alleged that the Governors have not acted with necessary objectivity either in the manner
of exercise of their discretion or inTHE ROLE OF GOVERNOR IN STATE POLITICS
499
their role as a vital link between the Union and the States. Many have traced this mainly to the
fact that the Governor is appointed by, and holds office during the pleasure of the President (in
effect, the Union Council of Ministers). The part played by some Governors, particularly in
recommending President's rule and in reserving State Bills for the consideration of the President,
has evoked strong resentment. Frequent removals and transfers of Governors before the end of
their tenure have lowered the prestige of this office. Criticism has also been levelled that the
Union Government utilises the Governors for its own political ends. Many Governors, looking
forward to further office under the Union or active role in politics after their tenure, came to
regard themselves as agents of the Union.
The dismissal of all State Governors appointed by the Congress (I) government by the National
Front Government of V.P. Singh is a wrong precedent. After the Congress Party came to power at
the centre in 1991, the position and status of the office of the Governor has further been devalued.
The Narsimha Rao Government has changed at least 14 Governors who were appointed by the
V.P. Singh and Chandra Shekhar Governments and replaced them with Party Leaders. The
resignation of Himachal Pradesh Governor Mr. Gulsher Ahmed in the wake of the Election
Commission's order postponing the election to the Satna Assembly Constituency on the ground
that the Governor has been canvassing support for his son in that constituency is an example of
how political appointees to this august office have devalued its dignity and honour.
POWERS AND FUNCTIONS OF THE GOVERNOR
The Governor possesses executive, legislative and judicial powers.
1. Executive Powers : The executive powers of the State are vested in the Governor who is
empowered to exercise them either directly or through officers subordinate to him. In the
discharge of his responsibilities as the Head of the State, the Governor appoints the Chief
Minister and other Ministers to aid and advise him. The Ministers hold office during the pleasure
of the Governor. The Governor makes rules for the more convenient transaction of the business
of the Government of the State and for the allocation among Ministers of that business. It is the
duty of the Chief Minister to communicate the Governor all decisions of the Council of Ministers
relating to administration of the affairs of the State and proposals for legislation. If the Governor
demands, he must furnish information relating to the administration of the affairs of the State and
proposals for legislation. If the Governor so desires, the Chief Minister has to submit for the
consideration of the Council of Ministers any matter on which decision has been taken by a
Minister but which has been considered by the Council.
The Governor has the power to appoint the Advocate General who holds office during the
pleasure of the Governor. The members of the State Public Service Commission are also
appointed by him but he has no power to remove them.
In the States of Bihar, Madhya Pradesh and Orissa, it is the special responsibility of the Governor
to see that a Minister is placed in charge of tribal welfare. In Assam, the Governor is given
certain special powers with respect to the administration of the tribal areas as provided in the
sixth schedule of the Constitution. In fact, all executive actions of the government are taken in
his500
INDIAN GOVERNMENT AND POLITICS
2. Legislative Powers : As an integral part of the State Legislature, the Governor of state
enjoys extensive legislative powers. The Governor is to summon either or both Houses of
the State Legislature to meet at a time and place as he thinks fit. The only condition is
that six months shall not intervene between its last sitting in one session and the date
appointed for its first sitting in the next session. He may prorogue either House or
dissolve the Legislative Assembly. He may address either House and may send messages
to it on a bill pending in the Legislature or otherwise. It is provided that the House to
which he sends message will consider any matter required by the message to be taken
into consideration. The Governor addresses the House or the Houses on the
commencement of the first session after general election and at the commencement of the
first session of each year. When a bill has been passed by a House or Houses, it must be
presented to the Governor. The Governor shall declare that he assents to it or that he
withholds his assent or that he reserves the bill for the consideration of the President. The
Governor may return a Non-Money bill with a message for reconsideration of the whole
bill or parts of it. He may suggest amendments. The House or Houses must consider his
suggestions without delay. If the bill is passed again by the House or Houses or without
amendment and presented to the Governor for assent, the Governor shall not have the
power to withhold his assent any more.
The Governor also has the special legislative power of promulgating ordinances during
the recess of the State Legislature, if he is satisfied that there exist circumstances which
make it necessary for him to take immediate action. Such an ordinance has the same force
and effect as an Act of the State Legislature. This ordinance ceases to operate at the end
of six weeks from the re-assembly of the legislature unless a resolution disapproving it is
passed by the House or the Houses before the expiry of this period. The case of D. C.
Wadhava vs State of Bihar, furnishes a glaring example of the abuse of the ordinance
making power by the Executive. The petitioner after carrying a detailed research in the
matter challenged the practice of the state of Bihar in promulgating and repromulgating
ordinances on a large scale without enacting them into Acts of the legislative and keeping
them alive for an indefinite period of time. He submits that the Governor of Bihar had
promulgated 256 ordinances between 1967-1981 and all these were kept alive for periods
ranging 1 to 14 years by repromulgating them from time to time. Out of those 256, 69
were repromulgated several times and kept alive with the prior permission of the
President of India. The five-judge-bench of the Court held that such a practice was a
"subversion of the democratic process" and "amounted to fraud upon the constitution"
and, therefore unconstitutional.
The Governor has the power to nominate members of the Anglo-Indian community to the
Legislative Assembly if they are not adequately represented in the State Legislature. In
respect of the Legislative Council, he has the power to nominate persons having special
knowledge or practical experience in respect of matters such as literature, science, art,
cooperative movement and social service.
3. Judicial Powers : The Governor is entitled to be consulted by the President in the
appointment of judges of the State High Court. He is the de jure head of the State and as
such he has the powers which correspond to the prerogative of the British Crown. He has
the power to grant pardons, reprieves, respites or remissions of punishment or to suspend,
remit or commute the sentence of any person convicted of any offence against any law
relating to aTHE ROLE OF GOVERNOR IN STATE POLITICS
501
matter to which the executive power of the State extends. In the well-known case of Nanavati, the
Governor of Maharashtra granted remission and ordered the release of K.M. Nanavati, four years
after he was awarded life imprisonment. The Governor of Maharashtra issued this order in
consultation with the Chief Minister V.P. Naik on the ground of exceptionally good conduct of
Nanavati in jail and a distinguished record of service in the Indian Navy.
4. Emergency Powers : The Governor can make a report to the President whenever he is satisfied
that a situation has arisen in which the Government of the State cannot be carried on in
accordance with the provisions of the Constitution.
It is observed that on number of occasions, President's rule has been recommended by the
Governors to give the Congress Party time to reorganise their political fortunes or perpetrate
crisis (U.P. 1975, Orissa 1976; Sikkim 1984, Nagaland 1989). According to Rajiv Dhavan, "over
38 years, Governors have recommended the death of democratic federalism in 59 out of 77
occasions when President's rule has been imposed to deny duly elected governments the right to
governance."
5. Miscellaneous Powers : Amongst the miscellaneous powers, one of the Governor's most
important functions is to receive the annual report of the State Public Service Commission and
passes it on to the Council of Ministers for comments. After the comments of the Council of
Ministers are available, he forwards the same to the Speaker of the Legislative Assembly for the
purpose of placing it before the House.
DISCRETIONARY POWERS OF THE GOVERNOR
The Governor's discretion may be underlined into two parts : First, the explicit discretion
mentioned in the Constitution i.e., the constitutional discretion; and second, the implicit or the
hidden discretion which is derived from exigencies of the political situation. It may be styled as
'situational discretion'. In brief, the Governor has the marginal discretion in a particular situation.
It was the objective of the framers that the situational discretion would be exercised not in
ordinary circumstances but under the pressing needs of the political circumstance existing in the
State. The occasions where the Governor's marginal discretion may be exercised are as follows:
1. The Appointment of a Chief Minister : How far has the Governor discretion in the appointment
of the Chief Minister? If at the end of every general election, every state in India finds one party
with a stable majority in the Legislative Assembly and a recognized leader, the Governor will
have no opportunity to exercise his discretion in the selection of a Chief Minister with a view to
form a Council of Ministers. If there is no recognized leader and there is no clear majority, the
Governor may get a chance to use his discretion.
The question of appointing the Chief Minister came into being in 1952 in the State of Madras
where no party returned with a clear majority in the Assembly. The Congress Party emerged as
the largest single party while T. Prakasham formed a United Democratic Front in the State and
claimed majority in the Assembly. After assessing the political situation of the State, the
Governor Sri Prakasa invited C. Rajagopalachari for the formation of the ministry in the State on
the ground that the Congress Party emerged as the largest party' in the State. In Orissa, after the
General Elections of 1952, no502
INDIAN GOVERNMENT AND POLITICS
The Governor Asif Ali exercised his discretion and summoned the leader of the largest party to
form the Ministry. In Rajasthan, the Congress Party obtained 88 seats in a House of 183. Dr.
Sampurnanand, the then Governor of Rajasthan, exercised his discretion in inviting M.L.
Sukhadia to form the Ministry on the plea that he was the leader of the largest party in the
Assembly. He did not invite Maharawal Laxman Singh, the leader of the United Front to form the
government in spite of the fact that he had 93 members in the State Legislature. Just after the
Fourth General Elections, Dr. Gopala Reddy, the U.P. Governor invited C.B. Gupta, the leader of
the largest party, to form the Ministry, although the Congress Party had secured 198 seats in a
House of 425.
It is unfortunate that the practice of inviting the leader of the largest single party on the ground of
the so-called 'Sri Prakasa Doctrine', was not followed by the Governors in many states. In many
states where non-Congress parties emerged as the 'largest party' after the election, the Governors
did not invite the leaders of the largest groups to form the governments. For instance, after the
mid-term polls held in Kerala in March 1959, the Communist Party of India emerged as the
largest party commanding 40 seats out of 122, yet Governor A.P. Jain did not invite E.M.S.
Namboodiripad to form the government. In West Bengal, the CPM emerged as the single largest
party with 111 seats in a House of 280 in the general elections in March, 1971. But the Governor
did not invite its leader, Jyoti Basu, to form the government. He went against the set principles of
cabinet government in the sense that he appointed Ajoy Mukher-jee, as the Chief Minister whose
party's strength was reduced to 3 to 33 by the people.
.!
In the October 1996 general elections in U.P., no political party could win majority of seats in the
Assembly of 425 members. The largest single party emerging in the Assembly was the Bhartiya
Janata Party with 173 seats. The President's rule followed the receipt of U.P. Governor Romesh
Bhandari's report which suggested re-imposition of President's rule as no party or combination
was likely to prove its majority in the Assembly.
After a vote of no-confidence was passed against the Congress government in Andhra Pradesh on
November 6, 1954, the opposition groups approached the Governor to form a new ministry. But
they were denied the right to form an alternative ministry on the ground that it was not possible
for desperate elements to join together in the formation of a new ministry. Similarly, in
Travancore-Cochin, the Congress government was ousted from office in September 1953. The
Rajpramukh did not invite the leader of the opposition and the Assembly was dissolved. But in
Madhya Pradesh Congress Ministry, headed by D.P. Mishra was voted out of office on 30 July,
1967 and the Governor invited G.N. Singh to form the government. In Orissa, after the fall of a
coalition government headed by Bishwanath Das in 1972, Nandini Satpathy of the Congress
claimed majority support in the Assembly and the Governor B.D. Jatti without any hesitation
invited her to form the government, but the same Governor did not apply this criteria, when Biju
Patnaik physically presented a majority of legislators before the Governor after Nandini Satpathy
was reduced to a minority through defections. Ultimately, the Governor recommended President's
rule.
Governor Fathima Bibi appoints Jayalalitha as Chief Minister (May, 2001)
A number of legal luminaries have raised the question or propriety of selecting as Chief Minister
a person (Ms. Jayalalitha in May, 2001) who was held to be disqualified to contest the election as
member of the State AssemblyTHE ROLE OF GOVERNOR IN STATE POLITICS
503
because of conviction in a corruption case and the sentence of three years in that case.
In Justice H. R. Khanna's view the course adopted by the Governor Ms. Fathima Bibi is correct
and does not suffer from an infirmity. Ms. Jayalalitha when she met the Governor was armed
with the resolution of AIADMK members who constituted the majority in the Legislative
Assembly electing her as the party leader. The question of the Governor telling Ms. Jayalalitha to
ask members of the party to elect someone else, not suffering from any disqualification, did not
arise as the party in the same resolution had also resolved that no other person could be
acceptable to the party. In the circumstances, the Governor had no option but to invite Ms.
Jayalalitha to form the government. The Governor could not, and in any case should not, have
rejected the verdict of the majority of the members of the Legislature. It needs to be emphasised
that Ms. Jayalalitha had been selected to be the leader of the party and as such to be Chief
Minister by an overwhelming majority of the elected representatives and not by the Governor. In
case the Governor had refused to accept the verdict of the majority of the members, it would have
engulfed the State in political turmoil and created a grave problem of law and order. The
Governor could not be oblivious of this eventuality and by her own action create conditions of
lawlessness.
Dr. L. M. Singhvi, constitutional expert and BJP MP on the other hand, said that while the
constitution did not have any express provision with regard to qualification or disqualification of
a person for the post of Chief Ministership, it could not be said that there were no
disqualifications whatsoever for a person holding the post.
Referring to Ms. Jayalalitha's appointment he said her nomination papers were rejected on the
grounds of disqualification under Article 173(c). "It is axiomatic that if a person suffered from
disqualification to be elected as a member of a legislature, that person could be appointed as
Chief Minister on the basis that the disqualification is not expressly prescribed in the constitution
itself." A verdict of people, however, overwhelming, cannot overrule a decision of the court.
Drawing a parallel, he said, the incumbent Bihar Chief Minister, Mr. Laloo Yadav, was made to
resign because charges were framed against him; while in the present context, Mr. Jayalalitha was
invited to form the government despite being convicted.
According to the Sarkaria Commission if there is no single party having an absolute majority in
the assembly, the Governor should select a Chief Minister from among the following parties or
groups of parties by sounding them, in turn, in the order of preference indicated below :
(i) An alliance of parties that was formed prior to the elections.
(ii) The largest single party staking a claim to form the government with the support of others,
including 'independents'.
(hi) A post-electoral coalition of parties, with all the partners in the coalition joining government.
(iv) A post-electoral alliance of parties, with some of the parties in the
alliance forming a Government and the remaining parties, including
'independents' supporting the government from outside.
2. Dismissal of a Ministry : The discretionary power of the Governor to
dismiss a Minist.rv also sficms t,n exist, if the Governor has reasons to believe504
INDIAN GOVERNMENT AND POLITICS
security or solidarity. It is possible that the Ministry has lost the confidence of the
legislature as a result of a split in the party in power and the Ministry may like to
continue in office and it may advise the Governor to prorogue the Assembly with a view
to avoiding a censure motion which is likely to be passed. In the meantime a majority of
members in the Assembly may submit a petition to the Governor to the effect that the
Ministry does not enjoy the confidence of the Legislature any longer and that it should be
dismissed. What should the Governor do under such conditions? Here is a clear case
where he is called upon to use his discretion. He may adopt any of the alternatives
including the dismissal of the Ministry.
Although the Governor will not normally dismiss a Ministry so long as it enjoys the
confidence of a majority in the Assembly, yet the Governor's use of his discretion to
dismiss a Ministry which still enjoys the support of a majority will be justified if he is
convinced that there have been clear cases of corruption to which the Ministry is a party,
and that in the interest of purity in administration, the Ministry should be dismissed from
office.
But the Governors of the States have adopted double standards in using their discretion in
this regard. For instance, the West Bengal Governor dismissed the Ajoy Mukherjee
Ministry in 1967 while the Governors of Bihar, U.P. and Haryana did not compel their
respective Chief Ministers to face the Assembly when they were reduced to minorities
through the instrumentality of defection. Governor Ayyangar of Bihar, in response to the
demand of B.P. Mandal said, "You want me to verify the list. I have no machinery to
verify. It is only the Assembly which can do under the Constitution on a properly moved
motion in a duly convened House." In U.P. the Ministry of C.B. Gupta, was reduced to a
minority on 20th November, 1969, but he continued in office till 10th February, 1970,
when he resigned.
The most controversial cases in the recent times were, however, the dismissals of Surjit
Singh Barnala by Governor S.S. Ray in Punjab (1987), Farooq Abdhullah by Jagmohan
in Jammu-Kashmir (1985), and N.T. Rama Rao by Ram Lai in Andhra Pradesh (1984).
Barnala was not even asked to prove his majority. Rama Rao was ready to prove his
majority but no heed was paid to him. The dismissal of the Janata Dal Government
(Bommai Ministry) in Karnataka (April, 1989) is the latest-violation of constitutional
propriety by the Governor of a State. It is a clear example as to how the office of the
Governor has been used by the centre for political purposes. In his judgement delivered
for himself and Kuldip Singh J., Sawant J. commented thus upon the conduct of the then
Governor of Karnataka : "The action of the Governor was more objectionable since as a
high constitutional functionary, he was expected to conduct himself more fairly,
cautiously and circumspectly. Indeed it appears that the Governor was in a hurry to
dismiss the Ministry and dissolve the Assembly. (s. R. Bommai us. Union of India—
AIR 1994 SC 1918 para 76)
It is pointed out that the Governor is within his constitutional right when he dismisses a
Chief Minister on the ground that his administration was corrupt. The Tamil Nadu
Ministry of Karunanidhi (1976) wras dismissed on this ground. But there are cases where
Governors did not dismiss the Chief Minister on this ground. Biren Mitra in Orissa and
Pratap Singh Kairon in Punjab resigned on the advice of the then Prime Ministers, but the
Governors in both the cases kept silent. Similarly, in Rajasthan the Governor did not ask
the Chief Minister Sukhadia to resign, though the High Court had passed strictures
against him in a writ petition filed by the defeated candidate. Again in AndhraTHE ROLE OF
GOVERNOR IN STATE POLITICS
505
Pradesh, the SSP appealed to the Governor to secure the resignation or to dismiss Chief Minister
Brahmanand Reddy and four of his cabinet Ministers on the ground that the State High Court had
found them guilty of favouritism, misconduct and abuse of power. But neither did the Governor
do anything nor did the ministry resign.
According to the Sarkaria Commission, the Governor cannot dismiss his Council of Ministers so
long as they continue to command a majority in the Legislative Assembly. Conversely, he is
bound to dismiss them, if they lose the majority but do not resign.
4

When the Legislative Assembly is in session, the question of majority should be tested on the
floor of the House.
If during the period when the Assembly remains prorogued, the Governor receives reliable
evidence that the Council of Ministers has lost 'majority' he should not, as a matter of
constitutional propriety dismiss the Council unless the Assembly has expressed on the floor of the
House its want of confidence in it. He should advice the Chief Minister to summon the Assembly
as early as possible so that the 'majority' may be tested.
Generally, it will be reasonable to allow the Chief Minister a period of 30 days for the
summoning of the Assembly unless there is very urgent business to be transacted like passing the
Budget, in which case, a shorter period may be allowed. In special circumstances, the period may
go up to 60 days.
3. Dissolution of the Legislative Assembly : It is not a normal practice to dissolve a legislature
before it has completed its prescribed period of life. Yet, dissolution at an earlier date with a view
to appealing to the electorate and seeking to solve a situation of political instability, is an
accepted principle of Parliamentary system of government. The power of dissolution is vested in
Governor. Is he bound to accept the advice of the Ministry in this respect? The British practice
more or less has established the convention that a defeated Ministry has a choice between
meeting the electorate to seek a fresh mandate in support of its policies and resignation. But in
Britain such elections have been rare. In India, there is no specific provision in the Constitution to
govern a situation of this nature. In 1954, a defeated Ministry in the State of Travan-core-Cochin
advised the Rajpramukh to dissolve the Assembly and the advice was accepted and the Assembly
was dissolved. But in 1955, in the same State, the advice of another defeated Ministry to dissolve
the Assembly was rejected.
An interesting episode regarding the dissolution of the Assembly took place in Kerala after the
General Elections in March 1965. No party emerged in a position to form the government after
the election. The Governor reported to the President that there was no possibility of forming a
viable government in the State. As a result, the Legislative Assembly was dissolved even without
calling its first meeting.
In Punjab, Chief Minister Gurnam Singh resigned on November 22, 1967, before the defeat of his
Ministry and advised the Governor to dissolve the House but his advice was turned down and an
alternative Ministry was installed in the State. In Gujarat, Chief Minister Hitendra Desai advised
the Governor to dissolve the Assembly, when in 1971 he was reduced to a minority. But the
Governor rejected the same and said that as the Chief Minister had lost majority support, his
advice was not binding. In 1971 in Punjab, the Governor n p Pavoto T-itri-i+hr rli««nlvprl thp
Asspmhlv nti the advice of Chief Minister506
INDIAN GOVERNMENT AND POLITICS
Mukherjee advised the Governor to dissolve the Assembly under Article 174 and the Governor
did so.
Thus, it seems that the Governors have adopted no fixed criteria with regard to the power of
dissolution. For instance, in Haryana the Assembly was dissolved to punish the defectors but in
Punjab, the Governor D.C. Pavate, rewarded the defectors by appointing Lachhman Singh Gill as
Chief Minister. In fact, Governors have exercised their marginal discretion differently in
refusing/granting the dissolution of the Assemblies of the States.
The other occasions available to the Governor to act in his discretion seem to be the following :
(i) Asking information from the Chief Minister relating to legislative and administrative matters;
(ii) Asking the Chief Minister to submit for the consideration of the Council of Ministers any
matter on which a decision has been taken by a Minister but which has not been considered by
the Council; (iii) Refusing to give assent to a Bill passed by the Legislature and sending it back
for re-consideration;
(iv) Reserving a bill passed by the State Legislature for the assent of the President;
(v) Seeking instructions from the President before promulgating an ordinance dealing with certain
matters; (vi) Advising the President for the proclamation of an emergency;
(vii) In the case of the Governor of Assam, certain administrative matters connected with the
tribal areas and settling disputes between the government of Assam and the District Council with
respect to mining royalties; and
(viii) Likewise Governor of Nagaland, Governor of Sikkim, Governor of Arunachal Pradesh and
Governor of Mizoram, Meghalaya and Tripura have been entrusted certain specific functions to
be exercised by them in their discretion.
CRITICAL ASSESSMENT OF THE GOVERNOR'S DISCRETIONARY POWERS
It should be pointed out that the Governor's discretion under Article 163(2), although it appears to
be absolute, cannot in reality be absolute because absolute discretion is an element of autocracy.
The Governor can under no circumstances be an autocrat, so long as he functions within the
framework of a democratic constitution. What, then, serves as a check on his discretionary
power? Neither the Ministry nor the State Legislature can control the Governor in this respect;
but the President can. This means that the Governor is not a free agent in the exercise of his
discretion. If he misuses it either as a result of personal ambitions or as a partisan in the currents
and cross-currents of state politics, the President can always check him; if necessary he may even
dismiss ' him. Thus in the final analysis, the Governor is not a free agent, either during normal
times or abnormal times.
THE ROLE OF GOVERNOR : A STUDY OF THE KERALA WRANGLE, 1959
The election of Kerala Assembly in 1957 produced a surprise to the people of the country. It was
the first time that the Communist Party of India could win majority support in the Assembly
through democratic procedures. On the invitation of the Governor B. Ram Krishna Rao, E.M.S.
Namboodiripad, a veteran Communist leader was sworn in on 5th April, 1957 as Chief
Minister.THE ROLE OF GOVERNOR IN STATE POLITICS
507
It was the first non-Congress government of the fourteen states of the Union. The victory for the
CPI focused international attention on Kerala and the President of India described it as a great
experiment in the country.
Soon after assumption of power, Chief Minister Namboodiripad announced that his government
would try its best to eliminate corruption, initiate land reforms, and formally associate the
communist people in the execution of administrative policies. To some extent its policy helped
the working class and tried to break all opposition to the government. The police of the State was
neutralized and made helpless. The Government adopted a policy of discrimination against the
non-Communist unions and the other groups of the State. It attempted to subvert the judicial
machinery through administrative interference and withdrew 1,780 cases in the month of
December 1958. As a result of this tremendous change in the normal life of the State, the
opposition parties, viz., the Congress, the PSP and the Muslim League jointly decided on 12th
June, 1959 to launch a civil disobedience campaign against the Communist rule in order to bring
down the Namboodiripad Ministry. A parallel agitation was also engineered by the Roman
Catholic Church and Nair Service Society against the Kerala Education Act of the State Ministry.
A situation of grave fear of wholesale bloodshed was aroused in the State. The events of disorder,
lawlessness, and insecurity of life became the order of the day.
The Governor of Kerala sent a report to the President narrating the causes of the unrest and
agitation against the Communist Ministry. He observed that the situation in Kerala became very
stormy and the opposition parties formed a joint front against the Communist rule. He concluded
that it had become difficult for him to carry on the administration in accordance with the
Constitution. The Central Government responded by ending the Communist rule with the
proclamation of Article 356. The basic reason was said to be 'mass upsurge' of the people. The
Kerala Ministry was dislodged from power and the House was dissolved. On 31st July, 1959, the
President of India assumed the powers of the State.
The imposition of President's Rule in Kerala and the dismissal of the Communist Ministry led to
a country-wide discontent amongst non-Congress circles. On the other hand, Jawaharlal Nehru
held that Central interference in the internal affairs of Kerala was inevitable as the Centre was left
with no other choice except the imposition of the President's rule in the State.
The Kerala case raises several questions: Is it permissible for the Central government to dismiss a
Ministry which enjoys the confidence of the legislature? Does constitutional propriety permit the
Governor or the President to dissolve a legislature duly elected by the people of the State without
any constitutional crisis in the State?
It was widely felt that the imposition of President's Rule in the State and the dismissal of the
Kerala Ministry led by E.M.S. Namboodiripad was not a healthy procedure in our constitutional
history. In a parliamentary system like ours, the method by which the opposition group can
remove a Ministry from power should strictly be of constitutional nature and not based on mass
upsurge. In Kerala, the Communist Ministry did enjoy the confidence of the House and as such
the Kerala Ministry had a right to continue in office of the full term unless it was voted out of
office by the legislature. Thus, it is evident that the finvornnr w« nnt imnnrtinl in sfinrlinp a
renort to the President of India.508
lesson for future and the proclamation of an emergency under similar conditions would
not be repeated.
If we minutely examine the report of the Kerala Governor, it raises the question whether
thfs allegations made against the Communist Government were substantially trjue. If it
was so, what was the Governor doing when the Communist Government of Kerala was
busy in committing undemocratic activities in the State? It is all the more important when
the Governor takes the oath to preserve! protect and defend the Constitution. The fact is
that the Governor of Kerala remained a silent spectator for more than two years regarding
the misuse of governmental machinery by the CPM to serve its political purposes. It was
the Governor's duty and not that of the political parties to defend constitutional law. If
these malpractices were true and could take place over a span of period of two years, the
Governor was guilty of not adhering to the oath of his office. The Governor should have
warned the Ministry when the latter followed a policy of corruption and mal-administra-
tion. The fact is that the Governor was not conscious of his constitutional duties while
handling the situation in Kerala.
A CASE STUDY OF THE CONSTITUTIONAL DEADLOCK IN RAJASTHAN
In the 1967 elections, the Congress Party could not get an absolute majority in Rajasthan
to form the Ministry. It only obtained 89 seats in a House of 184. The Congress emerged
as the largest single party in the State. The primary objective of the leaders of the
opposition parties was to prevent the Congress Party from forming a government. On
24th February, 1967, the Presidents of the opposition parties, viz., Swatantra Jana Sangh,
SSP and the Janata, jointly sent a letter to the Governor requesting him that he should
give them a fair opportunity to form a coalition government as they had a majority of 92
against the Congress strength of 89 members.
Both Congress and non-Congress leaders claimed majority support in the State
Assembly. However, in the list of both camps some names were common. Meanwhile,
the Governor received twelve identical letters from the Independent members expressing
their support to the formation of a non-Congress Government. On 1st March, 1967, the
elected members of the opposition parties formed the United Front under the leadership
of Maharawal Laxman Singh. All the leaders of the opposition group met the Governor in
person and told him of the support of 92 ^lembers.
On 3rd March, 3L967, the United Front adopted a 17-point programme to be followed by
it in case it succeeded in making a coalition government. Meanwhile, Mohan Lai
Sukhadia met the Governor thrice during the day and pressed upon him that he had a
right to be invited to form the Ministry in the State as he was the leader of the largest
single party. Next day the Governor announced at a crowded press conference that he had
decided to invite the leader of the Congress party in the Legislature, M.L. Sukhadia, to
form the new Ministry. The Governor had done so on the ground that independents had
not fought the elections, ©n the basis of any policy like the candidates of other political
parties. Thf|fkept on changing their minds and very often succumbed to pressure. As such
they were not to be counted with any group. The Governor, therefore, did not consider
the independent members as an inalienable part of the opposition camp? Moreover, in
Madras, at the time of the 1952 General Elections, the Congrfess Party had failed to
secure an absolute majority but was returned as the largest single party of the Madras
Assembly. Then Governor, Sri Prakasa, however, invited C. Rajgopalachari to form the
Ministry in theTHE ROLE OF GOVERNOR IN STATE POLITICS
509
State on the basis of his being the leader of the largest single party, though T. Prakasa, the leader
of the opposition group had claimed the majority support of the House. But Sri Prakasa did not
count the Independents.
The decision of the Governor, however, became subject to severe criticism on the following
grounds. It was alleged that the Governor played a partisan role in inviting Sukhadia for the
formation of the Ministry. It was argued that if the Governor was to follow the precedent of Sri
Prakasa, he should have called Sukhadia to form the Ministry before 28th February, 1967 and that
the Governor should not have ignored the status and existence of the United Front which had
become the biggest legislative group of the State Assembly. Finally, it was said to be against all
sense of propriety that the Governor excluded the Independents in counting when they were duly
and democratically elected from their respective constituencies. It was generally believed that the
Congress Party did not command the majority support in the Assembly on the very day when
Sukhadia was invited by the Governor for the formation of the Ministry. He only had the support
of 88 members of Congress Party and one Independent member.
Just after a few hours of the announcement of the Governor, the situation of suspense and tension
gave place to violent activities in the State. Jaipur and several other cities observed hartal in
protest against the Governor's decision. This resulted in mass disobedience and the police
resorted to fire in which some people were killed. Mohan Lai Sukhadia informed the Governor
that in view of the deterioration of the law and order situation caused by the agitation, he did not
want to take up the responsibility of forming the Government. Thereupon, the Governor made a
report to the President for the improsition of President's Rule under Article 356 of the
Constitution. The Centre promulgated President's rule on 13th March, 1967. Two days later, the
United Front presented 93 M.L.A.'s before President Dr. Radhakrishnan at Rashtrapati Bhawan
for physical verification of its majority in a House of 183.
The politics of Rajasthan took a new turn after 29th March, when Sardar Hukam Singh was
sworn in as the new Governor of Rajasthan. In April, the United Front led by Maharawal Laxman
Singh lost its majority and 94 MLA's promised to support Sukhadia in the Legislature. Thus, the
new Governor after studying the situation thoroughly, invited Sukhadia to form the Ministry and
the 44-day President's Rule was revoked.
The events in Rajasthan made it clear that the Governor, Dr. Sampur-nanand, was directly
involved in the factional politics of Rajasthan. He exercised his marginal discretion to appoint
Sukhadia as the Chief Minister of the State with a view to help the Congress Party. The way in
which the Governor ignored the affiliations of Independents was, therefore, unrealistic and
tendentious. It was not the task of the Governor to enquire into the programme for which they
fought their elections. One should also not forget that the formula of the largest single party was
not applied uniformly in the States of Punjab, Bihar and West Bengal where non-Congress parties
had e|njjerged as the largest single parties in the State Legislatures. Furthermore, it was also
constitutionally improper that the State Assembly was suspended when it was to meet within
hours. The session of the Assembly could have settled the issue of the majority. It is believed that
Presidential Rule was clamped on the State n/>t because of agitation of non-Congress parties but
because Mohan Lai Sukhadia v,ori ir,crf fv,o msiinritv ynnnnrt in the House on the same day. He
was afraid of510
INDIAN GOVERNMENT AND POLITICS
role of a passive spectator in spite of the fact that the leader of the United Front could
present before him 93 MLA's to assert that he was capable of forming an alternative
Government in Rajasthari.
A STUDY OF THE ROLE OF THE WEST BENGAL GOVERNOR
The Congress Party of West Bengal suffered a humiliating defeat in the Fourth General
Elections of 1967. It secured only 127 seats while left-wing political parties supported by
some independents had a membership of 151 in the 280 members State Assembly. The
left-wing political parties formed a coalition of thirteen political parties known as the
United Front under the leadership of Ajoy Mukherjee, the leader of the Bangla Congress.
Though committed to a commonly agreed minimum programme the United Front
consisting as it did of desperate members was bedevilled by acute internal dissensions.
The differences between its constituent related primarily to the manner of handling
industrial and agrarian disputes and to questions of law and order. On 2nd November,
1967 the fateful split in the United Front occurred. P.C. Ghosh, a Minister in the Ajoy
Mukherjee Ministry, resigned and along with 17 other legislators withdrew support to the
Ministry, thereby reducing it to a minority. Forty days later, Dr. P.C. Ghosh expressed his
willingness to form a Government in the State with the support of the Congress.
Thereafter, political events began moving fast. On 6th November Governor Dharamvira
asked the Chief Minister to convene the Assembly 'as soon as possible' so that the
majority of his Ministry could be ascertained. Next day Ajoy Mukherjee informed him
that 18th December was the earliest possible date for the purpose because the Cabinet and
the legislators were busy in the Government's paddi procurement drive. Besides the
Cabinet would be 'very busy' for the next few weeks in finalising next year's budget. He
denied that his Ministry had lost the majority. On 15th November he requested
Mukherjee to summon the Assembly not later than 23rd November but Ministry rejected
this suggestion two days later.
At the same time the Ajoy Mukherjee Ministry decided to request the President to seek
the advice of the Supreme Court on the following constitutional points: (i) Whether the
Governor has authority to dismiss the Council of Ministers without taking the verdict of
the Legislature under Articles 163 and 164 of the Constitution? (ii) If the Governor, on
the basis of information available to him, entertains a doubt that the Council of Ministers
does not enjoy the confidence of the Legislature can he, in his individual discretion,
dismiss the Ministry? (iii) As the Governor is bound to act on the advice of the Council
of Ministers in the matter of summoning the Legislature, is it open to him to disregard the
advice of the Chief Minister? (iv) Can the Governor advice or insist that the Chief
Minister should summon the legislature on any other date? (v) If the Chief Minister fails
to comply with the Governor's advice, can he dismiss the Council of Ministers on the
ground that non-compliance with the advice was tantamount to a violation of the
Constitution? (vi) Is it open to the Governor to disregard the advice of the Council of
Ministers to dissolve the Assembly on the ground that, in his personal opinion, the
Council of Ministers do not have the support of the majority in the Assembly?
The President declined to refer the Ajoy Mukherjee Ministry's request to the Supreme
Court. Home Minister Y.B. Chavan informed the Rajya Sabha that the issue of the
Governor's discretionary powers could not be referred to the Supreme Court because such
powers were not justiciable. Consequently, on 21st November the Governor exercising
his discretion issued a proclamation andTHE ROLE OF GOVERNOR IN STATE POLITICS
511
dismissed the Ajoy Mukherjee Ministry. On the same day he installed an alternative ministry
headed by P.C. Ghosh supported by the Congress.
The dissolution of the United Front Ministry raised certain basic issues; Is the Governor
competent to call a session of the State Assembly at his discretion? Can he dismiss the State
Ministry at his discretion? Should the Governor insist upon the Chief Minister to alter or advance
the date for summoning the Assembly that has already been fixed by the Cabinet?
Article 174(1) empowers the Governor to convene a session of the House at a time and place he
thinks fit but the condition mentioned therein is that six months shall not intervene between its
last sitting in one session. It is an accepted convention of parliamentary democracy that the head
of the State acts on the advice of the Council of Ministers. According to parliamentary conven-
tion, the Governor of the State has no discretion in calling the session of the State Assembly. He
is expected to act on the advice of the Council of Ministers. The Governor of West Bengal
violated this practice by insisting that the Chief Minster constantly alter the date and summon the
session of the Assembly according to his liking. The gap between the stand of the Governor and
that of the Chief Minister in respect of the date for calling the session was nominal and it was
desirable for the Governor to wait till 18 December, 1967. The Governor may suggest an
alternative date, but the power to revise the date is vested in the Cabinet only.
The other side of the issue is that the Chief Minister's right to advise the Governor emanates from
his having a majority in the Legislature. When this itself is open to doubt he must himself take the
earliest opportunity to convene the Assembly and have his majority demonstrated. It was
therefore, morally and constitutionally unwise for Ajoy Mukherjee to precipitate a crisis. It was a
fact that the Ajoy Mukherjee Ministry apparently lost its majority consequent upon the defection
of P.C. Ghosh and his seventeen followers. It was fully aware of its imminent defeat on the floor
of the legislature. It had three choices: either to resign forthwith, or have a trial of strength in the
legislature, or seek a confrontation with the Governor and face dismissal by him. The last
alternative was preferred as it was bound to make it appear in popular eyes as a wronged party
and thus generate goodwill and sympathy for it.
So far as the issue of the dismissal of a Ministry is concerned, Article 164(1) states that the
Ministry shall hold office during the pleasure of the Governor. Article 164(2) provides that the
Council of Ministers is collectively responsible to the State Legislature. This Article curtails the
Governor's power to dismiss a Ministry.
The Governor should function in consonance with the pleasure of the State Legislature. As such
Article 164(2) controls Article 164(1) of the Constitution. The West Bengal Governor was
entitled to dismiss the Ministry headed by Ajoy Mukherjee if it has not tendered its resignation to
the Governor after an adverse verdict of the State Assembly. The Governor was also entitled to
dislodge the Ministry if it was not prepared to face the Assembly in order to ascertain its strength.
In West Bengal the United Front Ministry had agreed to face the Assembly on 18 December,
1967. Moreover, it was also the fault of the Governor that he allowed the 17 defectors to assume
office in a House of 280. How could he presume that P.C. Ghosh had a majority in the House
when the House was not given the chance to express its opinion?512
INDIAN GOVERNMENT AND POLITICS
United Front Ministry of Ajoy Mukherjee. The action of the Governor in dismissing the
Ministry, therefore was 'an improper act'. It would have been more appropriate for the
Governor in this complex situation to wait for the verdict of the Assembly.
Governor Dharamvira reported to the President on 15 February, 1968 that the
government of the State could not be carried on in accordance with the provisions of the
Constitution and recommended the imposition of President's Rule. The February 1969
election results revealed a definite trend towards the left; the debacle of the Congress was
worst in West Bengal. The United Front had an almost landslide victory. In a House of
280, the combined strength of the 12-party United Front was 214. The United Front
Government demanded immediate recall and served the Centre with an ultimatum that
Dharamvira must be replaced by 6 March, 1969—the date on which the two Houses of
the State Legislature were to meet in a joint session to be addressed by the Governor. The
Centre took a firm and correct stand against replacing the Governor before the joint
session. The United Front leaders were nevertheless reported to have been assured that
Dharamvira would be tansferred shortly as he had himself asked to be relieved as early as
in October 1968. However, it was unfortunate that the Central Government did not act
with sufficient foresight and tact in the matter. The simplest thing to do would have been
to t announce Dharamvira's transfer immediately after the election results were.j known.
Another controversy which assumed alarming proportions at one stage and -i only a by-
product of the first, related to the Governor's address. The United Front Ministry prepared
the customary Governor's address to be delivered by him at the joint session on 6th
March. The Governor objected to certain portions in the draft which inter alia were
critical of his own conduct in dismissing the United Front Government in November
1967. He advised the Ministry to omit these portions to enable him to read the address in
full. The Ministry, however, refused to do so and insisted that the address had to be read
in full. When the time came to deliver the address, Governor Dharamvira acted with great
courage and dignity. He read out the whole address as it was prepared by the Ministry
except the portions to which he had already objected.
The thorny problem was resolved when Dharamvira was allowed to proceed on leave on
1st April, 1969. On 1st August he formally resigned and five days later S.S. Dhawan was
appointed as the West Bengal Governor.
TAMIL NADU GOVERNOR K.K. SHAH'S ROLE AS AN AGENT OF THE CENTRE
Tamil Nadu, which had been ruled by the DMK since 1967, came under President's rule
on 31st January, 1975—exactly fifty days before the normal five-year term of the State
Assembly was due to expire. The DMK commanded majority support in the Assembly
but the decision to dissolve the DMK government and introduce President's rule was
taken by the Central Government on the ground of widespread political corruption in the
State. On 31 January, K.K. Shah, the Governor of Tamil Nadu, sent a report on the Tamil
Nadu situation to the President who forwarded it to the Prime Minister for advice. The
Cabinet endorsed the move to impose Article 356 on Tamil Nadu and the Assembly was
dissolved. The five-year term of the Assembly would have automatically expired on 21st
March, 1976 but the Central Government did not wish to wait for 50 more days because
of the serious situation in Tamil Nadu in term of the Governor's report.
THE ROLE OF GOVERNOR IN STATE POLITICS
513
The Governor reported that the DMK government had indulged in serious acts of
maladministration, corruption and misuse of power for partisan ends. He complained that it had
disregarded the instructions of the Centre in relation to the emergency. He called for the
appointment of a high power commission to inquire into allegations of corruption and misuse of
power made against the DMK Minister.
The DMK Ministry in Tamil Nadu was dismissed from office principally on the ground that it
indulged in corruption and held out 'veiled threats to secession'. Without going into the merits of
each allegation it is necessary to emphasize at the outset that these are indeed grave matters and
pertain to no single ministry or single state. In fact, the charges of corruption against political
leaders have not been made for the first time. But to invoke the tool of President's Rule against a
state on such charges is to set a dangerous precedent.
It seems that it was a kind of political manoeuvring against the DMK through the Governor. The
Governor's report was prepared at the Home Ministry and K.K. Shah, the Governor, dutifully
signed it. Prior to this report, the Governor never sent a report to the President that the corruption
in the DMK-ruled state of Tamil Nadu was rampant. In such cases regular institutional
mechanisms must be installed to examine the kind of charges and a constitutional provision like
Article 356 must not have any place in such cases.
UNWARRANTED ROLE OF HARYANA GOVERNOR G.D. TAPASE
What has taken place in Haryana in May 1982 is not just an act of gubernatorial impropriety. It is
a fraud on the electorate and constitution itself. To recapitulate, on 22nd May, 1982, Governor
G.D. Tapase first asked Devi Lai to bring his supporters to Raj Bhawan on 24th May morning to
prove his ability to form a Ministry. The call came as a surprise against the background of
Haryana politics and the ruling party's well-known proclivities. But it was thought that, for a
change, the right thing was being done, may be under the poll impact. In as much as Devi Lai's
party and the allied BJP together commanded more seats than the Congress (I), he had indeed
every right to be given the first chance. But even as the Lok Dal leader and his supporters got set
for the morning appointment with the Governor, with armed Nihangs reportedly guarding the
flock. Meanwhile, the Raj Bhawan witnessed a drama the like of which has not been seen before,
even on the Haryana stage. Bhajan Lai, fresh from his re-election as leader of the Congress (I)
legislature party, met the Governor, talked for a while and was quietly sworn in a Chief Minister.
At that time Bhajan Lai could at best claim a strength of 42 members in a House of 90. Devi Lai
suddenly descended on the Raj Bhawan with a busload of shouting gesticulating MLAs, swearing
support to him. The group numbered 45, decidedly more than what Bhajan Lai had shown in his
list. If the scene disconcerted the Governor, he had only himself to thank for it. Whatever the
outcome of all this, the way a minority leader was sworn in as Chief Minister even before the
Election Commission had notified the Constitution of the Assembly has brought the office of
Governor into disrepute. The haste with which it was done clearly points to a command
performance. After his pre-emptive move, Tapase said there was no need to test Devi Lai as the
Congress (I) was the single largest party. Why then did he want to review the opposition parade
in the first instance? If the single largest party must get the first chance
+« {V>T~m o ^mmmmont wli-u waa nnt this nritiHnlp annlied when the CPI(M) 514
INDIAN GOVERNMENT AND POLITICS
i ■:
The Constitution does not prescribe any method by which the majority support is to be
ascertained. The Governor's satisfaction on this point has to be subjective but not capricious and
when the House is not in session, it is open to him to use any method he chooses. The safest and
most conclusive method is, of course, physical verification and Governor Tapase did the right
thing in asking Devi Lai to present his supporters bodily before him. But what made him go back
on his word and swear in Bhajan Lai in such unseemingly hurry, allowing him one month's time
to prove his majority even before Devi Lai could comply with his own instructions?
If we keep the sequence of events in mind, it is evident that the Governor must have received
instructions from the Centre, which he had to follow if he wished to continue in office. He must
have felt that Devi Lai would be able to prove his majority, and he must have felt equally sure
that Bhajan Lai, adept at defection and horse-trading as he is would be able to muster a majority,
the more easily if given a month's time. Whatever the considerations which motivated the
Governor, he has been patently guilty not only of constitutional immorality but also of violating
ordinary decency. It is clear, therefore, that in Haryana, the Congress (I) had used the Governor to
ram a minority ministry down the electorate's thread. Once Bhajan Lai assumed the office of
Chief Minister, he could easily offer cabinet posts to prospective defectors.
Although no one could undo the damage Tapase had brought, there was no doubt that the
Governor had set a new and disturbing precedent in a state where legislators can be bought over
the counter, where a man like Gaya Lai switched sides four times on a single day in 1967, and
Hira Lai Arya six times within 36 hours a year later.
DISMISSAL OF NAGALAND GOVERNOR M.M. THOMAS
The President R. Venkataraman removed the Nagaland Governor, Mr. M.M. Thomas from office
on April 11, 1992. Earlier on March 28, Mr. Thomas had dissolved the Nagaland Assembly on
the advice of the then Chief Minister, Mr. Vamuzo, at the end of the Budget session. While doing
so, Mr. Thomas had asked the Ministry headed by Mr. Vamuzo to continue as the caretaker
Government.
The Governor's decision to dissolve the State Assembly, without consulting the Centre, as well as
the Union Government's subsequent move to bring the State under President's rule were both
subjects of controversy in Parliament.
Addressing a Press Conference in New Delhi, Mr. Thomas said in dissolving the Nagaland
Assembly and ordering fresh elections, he had fully acted within the constitutional authority and
responsibility of the Governor. He asserted that a Governor had the authority to take decisions on
certain matters of the state without prior consultation with the President or the Home Ministry.
He said that in the absence of any solid constitutional ground for dismissing him, the Centre was
making imaginary charges like shielding corrupt officials and abetting conversion activities of
Christian missionaries 'friendly to a super power'.
The question is whether the Centre has observed constitutional propriety in dismissing a head of
state? When a Governor is to be removed from office, the nation should be told unambiguously
why he deserves such a harsh punishment.
R. Venkataraman observes in his book "My Presidential Years", "The relations between the
Governor and the Central Government have not beenTHE ROLE OF GOVERNOR IN STATE POLITICS
515
denned anywhere. Whether the Governor should consult the Union Home Ministry on a matter of
this kind is not clear."
UTTAR PRADESH GOVERNOR ROMESH BHANDARI'S QUESTIONABLE ACTIONS
India Today observes about the role of Uttar Pradesh Governor : "Uttar Pradesh Governor
Romesh Bhandari is to the constitution what a reckless bus driver is to pedestrians. Both have
scant respect for rules."
In September 1996 Mr. Romesh Bhandari did not follow the example set by Dr. Shankar Dayal
Sharma in Delhi the previous May, and call upon the BJP, the largest single party, to form a
government but 'suspended' the legislature instead. It facilitated rule by proxy from Delhi,
through Raj Bhawan, Lucknow. The period of President's rule saw the administration of U.P. sink
to new depths. The number of murders and dacoities multiplied. When the Home Minister
Indrajit Gupta visited U.P. in December, he was moved to expostulate that U.P. was in a state of
anarchy. Mr Gupta's statement not only put the cat among the pigeons, but exposed the extent to
which the Governor, Mr. Romesh Bhandari, had compromised the integrity of his position.
When former Chief Minister Mayawati strode into Raj Bhawan on October 19,1997 to inform
Bhandari that the 67 member BSP was withdrawing support to Kalyan Singh Ministry, it seemed
Uttar Pradesh was in for another spell of President's rule. A jubilant Mulayam Singh Yadav asked
Prime Minister Inder Kumar Gujral to sack Kalyan Ministry instantly. Gujral and Home Minister
Indrajit Gupta, however, insisted on playing by the book. They told Bhandari to ask Kalyan to
seek a vote of confidence "as soon as possible." Bhandari put Kalyan on 36 hours notice.
The shortness of the time he gave Kalyan Singh to face the House, the detailed instructions he
sent to the speaker on how to conduct the vote, and the despatch of observers to monitor the vote
were all without precedent. They gave rise to a strong suspicion that Bhandari was playing to a
pre written script. This was confirmed when in the face of a clear majority for Kalyan Singh in
the Vidhan Sabha, he wrote to the President recommending the imposition of President's rule. In
refusing to blindly accept the Union Cabinet's recommendation that central rule be imposed in
Uttar Pradesh, the President did more than merely save a legitimate State Government.
Governor Romesh Bhandari's questionable action in February 1998 ushers in a return of the
horse-trading culture in the State's politics. On February 21, 1998 at 2 p. m. Mayawati led her
partymen, Loktantrik Congress Party (LCP) MLAs—partners in the Kalyan led coalition and an
assortment of Congress, SP, BKKP and Janata Dal (Raja Ram Group) legislators to Raj Bhawan.
They informed Governor Romesh Bhandari that the LCP's Jagdambika Pal, transport minister in
Kalyan's Cabinet was their leader and commanded a majority in the Assembly.
The trusting Bhandari took them at face value. By 5 p. m. Kalyan had rushed to Lucknow from
Gorakhpur (275 km away) preparing for the next day's Lok Sabha election and tried to convince
the Governor that he could prove his majority. However, at 10.16 p. m. Bhandari swore in
Jagdambika Pal as the new Chief Minister amid thunderous cheers from non-BJP legislators.
The battle was over; but the war had only just begun. At about the movement Pal was taking his
oath, N. K. Singh Gaur, one of Kalyan's minister, ------^fi+i^nincr the Allabhabad High Court
while Justice N. K. Saith reserved516
INDIAN GOVERNMENT AND POLITICS
reserved his decision. A day and a half later, at 3 p. m. on February 23, Dixit concurred with
Saith and sought to reinstate Kalyan. Two hours later, Kalyan was back in the State Secretariat in
Lucknow. Pal remained seated in the Chief Minister's chair despite being taunted as a
"trespasser". He moved the Supreme Court which asked for the Assembly to be convened for a
"composite floor test." That of course, took place on February 26. MLAs were effectively asked
to choose between Kalyan and Pal, seated on either side of the speaker. In the end Kalyan won.
He needed 213 votes to prove his superiority in the 425 member House, he got 12 more than that.
It was a nine hour process, as the MLAs voted under the gaze of 16 video cameras. Less than a
week after, the reins of administration were back in Kalyan's hands.
The political drama in U.P. had brought to the fore the openly defiant unconstitutional role played
by U.P. Governor Romesh Bhandari and the enigmatic role of caretaker Prime Minister I. K.
Gujral. The President wrote to the Prime Minister virtually accusing Bhandari of insubordination
for dismissing Kalyan against Rashtra Pati Bhawan's wishes. All the President did was to ask the
Prime Minister to 'advise' him on the conduct of Uttar Pradesh's Governor.
Thus, one of the foremost problems plaguing Uttar Pradesh is the politicisation of the Governor's
offices.
ROLE OF THE GOVERNOR S.S. BHANDARI (SEPTEMBER 1998)
In September 1998, S.S. Bhandari, the Governor of Bihar recommended for the imposition of the
President's rule in the state. According to the Governor, "The Bihar Government symbolises the
most malignant and uncouth levels of functioning in Indian politics." However, President K.R.
Narayanan repeated history by returning a Union Cabinet resolution seeking the imposition of
President's Rule in Bihar and the suspension of the Assembly. After mulling over and discussing
the subject for nearly 80 hours, the President, in a lengthy note asked the Government to
reconsider its decision. He saw no evidence of a constitutional breakdown in Bihar. Thereafter the
Union Cabinet under the pressure of regional allies, withheld its recommendation and did not
press it once again.
The President listed three grounds on which he felt the Central contention on Bihar was
unacceptable. In his three page noting to the Prime Minister, he discounted the centre's position
on worsening law and order situation. He observed that law and order situation in some other
States was also grave and prone to mafia influence. Bihar is not an exception as regards law and
order as it has been projected by the governor. Secondly, the Sarkaria Commission Report has
also opposed dismissal of a majority government in any State. The President referred to the report
which mentioned that "the situation of maladministration in a State where a duly constituted
ministry enjoying majority support in the Assembly is in office, imposition of President's Rule
will be extraneous to the purpose for which the power under Article 356 is conferred." Thirdly,
the President assessed that the Union Government did not give any warning to the "errant State
Government" which has also been mentioned in the Sarkaria Report. In the Bommai case the
Supreme Court said that the Centre must "warn an errant State in specific terms."
At one level the Governor S.S. Bhandari was right. Despite the President's disbelief, there is
something rotten about the State of Bihar. Where else would a State government be confronted
with a multiplicity of scams involving misappropriation of nearly Rs. 2,870 crore of public
funds? Where else would aTHE ROLE OF GOVERNOR IN STATE POLITICS
517
bankrupt government look on with brazen unconcern at some 1,200 strictures of judicial
contempt and 2,186 pending contempt cases? And where else would a government claim
normalcy with extremists groups running parallel administration in nine districts? All this
amounts to subversion of the constitution.
Tamil Nadu Governor Fathima Bibi Resigns Before Recall
On July 1, 2001 giving into the collective mood within the NDA to assert the Centre's authority
vis-a-vis an unheeding Tamil Nadu Government, the Union Cabinet recommended to the
President, Mr. K. R. Narayanan, that he withdraw his pleasure from the Tamil Nadu Governor,
Ms. Fathima Bibi. As the cabinet saw it, the Governor failed to live up to the constitutional
obligations of her office in the wake of the unprecedented arrest of the former Chief Minister, Mr.
Karunanidhi, and two Union Ministers, Mr. Murasoli Maran and T. R. Baalu in Chennai on June
30, 2001.
Rather than let the Centre invoke Article 156(1), the Governor sent in her resignation to the
President, who forwarded it to the Prime Minister.
The Governor's failure to send a report earlier was deemed as "a clear defiance" of the centre's
authority. The Governor's report itself came after the centre virtually issued a kind of demarche to
Ms. Fathima Bibi to send a report by nine of July 1st. And the cabinet found the Governor's
report totally unacceptable. As the Union Law Minister, Mr. Arun Jaitley, told reporters, the
cabinet found that the Governor had failed to make an independent assessment of the situation
and was merely content to forward the state Government's views. According a Cabinet-Minister,
the Governor's two and a half page report was, more or less, "comma for comma, full stop for full
stop" reproduction of the reports sent by the Tamil Nadu Chief Secretary. This according to Mr.
Jaitley, constituted a default on the part of the Governor.
Moreover, the Cabinet found that the Governor's report was silent on "the constitutional
impropriety" of the state police going to a Union Minister's residence and assaulting him when
there was no case against him.
As far as the Centre is Concerned, the Governor was expected to exercise independent
judgement; instead, she merely chose to endorse the views and assessment of the State
Government.
THE DUAL ROLE OF THE STATE GOVERNOR
The Governor of a state has a dual role to play— as the constitutional head of the State and as the
agent or representative of the Centre.
Constitutional Head of State
The Governor is a ceremonial head of the State. The Constitution provides for a Council of
Ministers with a Chief Minister at the head to aid and advise the Governor in the exercise of his
functions except when he can act at his discretion. The Council of Ministers is collectively
responsible to the State Legislative Assembly. All the executive powers are exercised by the
Cabinet in the name of the Governor who acts constitutionally on the advice of the Council of
Ministers. The Constitution, however, specifically lays down that except in matters where the
Governor is required to act in his discretion, he shall not be bound to follow the advice of the
Council of Ministers, but act in his discretion. If any question regarding the exercise of the
discretion of the Governor arises, the decision of the Governor shall not be called in question on
the ground that he ought or ought not to have acted in his discretion. The courts of the land do not
have the power to question the action of the Governor taken in his discretion
^------"*• ci->aii HP final. It is pointed out by the Study

i 518
INDIAN GOVERNMENT AND POLITICS
Team on Union-State Relations appointed by the Administrative Reforms Commission
that the following functions fall within the discretionary powers of the Governor in his
role as the head of the State government; (i) appointment of Chief Minister; (ii) dismissal
of Ministry; (iii) dissolution of legislature; (iv) right to advise, warn and suggest; (v)
withhold assent from a bill; and (vi) discretionary powers of the Governor of Assam,
Nagaland, Arunachal Pradesh, Sikkim, Mizoram, Tripura and Meghalaya.
Governor as the Agent of the Centre
Apart from being the constitutional head of a state, the Governor also acts as the agent or
representative of the Central Government. In fact he is the only constitutional link
between the Centre and the States. As his appointment is made by the President of India
on the recommendation of the Prime Minister, he is inclined to remain more loyal to the
Centre than to the States. He ensures that the directives issued by the Centre to the States
are carried out and the government of the State is carried on in accordance with the
provisions of the Constitution. It is on the recommendations of the Governor that the
President usually issues a proclamation of emergency in the State on account of constitu-
tional breakdown of the State machinery. Even after the State is placed under President's
Rule the Governor is the chief representative of the President in the State to run the
administration of the State on his behalf. When President's Rule has been imposed on a
state the Governor ceases to be a constitutional ruler of the State and acts as an agent of
the President. V.V. Giri, the former Governor of Mysore, called himself to be an
'Ambassador' of the Central Government to the State administration. Governor Sri
Prakasa also called himself an 'agent of the Centre'.
G.N. Singh, the former Governor of Rajasthan, was of the view that the Governor in
several cases acts as 'a link' with the Centre. The Governor holds a key position in the
State and is a hyphen which binds the relations of the State with the Centre. He is the link
that fastens the federal-state chain, the channel which regulates Union-State relations.
Thus, the Governor represents the Centre in the State, and the State at the Centre. That he
does in his periodic reports to the President, in his meetings with the President and at the
time of the Governor's Conferences. It is he who helps in building up the image of the
State and of the State Government at the Centre. He focusses on the needs and the
interests of the State at the Central level.
As a matter of fact, the terms 'agent' and 'constitutional head' are two independent and
contradictory things in the sense that the constitutional head is supposed to be impartial,
whereas an agent is always partial.
POSITION AND ROLE OF THE GOVERNOR BEFORE 1967
Governors were so powerless during the 1950-67 period that some of them wondered
whether the office they held was of any consequence at all. In his article entitled, 'The
Governor at Work', K.V. Rao has quoted Padamaja Naidu, Governor of UP, as having
said that she considered herself as a bird in a golden cage. Dr. Pattabhai Sitaramayya
observes that he had no public function to perform except making fortnightly reports to
the President. When Nehru was asked directly as to what were the functions of
Governors, he replied, ....to entertain the people and make them feel pleased. Sri Prakasa
and Vijaylakshmi Pandit who were former Governors complained that the office of the
Governor
THE ROLE OF GOVERNOR IN STATE POLITICS
519
was redundant. They pleaded that the office of the Governor may either be abolished or given
certain functions to perform.
Instances can be multiplied where the Governors were shabbily treated. Homi Modi, the
Governor of U.P. in 1951, came to know where he stood vis-a-vis the Chief Minister G.B. Pant,
when he learnt about the appointment of a minister on the radio. There was no doubt that in this
case the Governor appointed a minister on the advice of the Chief Minister, but without being
aware of the advice. So long as B.C. Roy was the Chief Minister of West Bengal, the Governor
was simply a silent spectator. Y.N. Sukhthankar, the Governor of Orissa, learnt to his great
embarrassment that his intimacy with Nehru could not save him from the humiliation he had to
suffer from Chief Minister Biju Patnaik. The Governor of Punjab could not also dare to demand
Chief Minister Pratap Singh Kairon's resignation even after the Dass Commission found him
guilty of corruption.
Prof. K.V. Rao asserts, "One of the casualties of the Nehru era is the State Governor." The role of
the Governor was restricted in the Nehru era because there was one political party that was in
power in the Centre as well as in most of the States. During this period, the channels through
which the interaction between the States and the Centre took place was outside the office of the
Governor and, therefore, they did not have much opportunity of playing an important role.
Moreover, the State governments which they headed had the fortune of having a great deal of
political stability and, therefore, their role as Constitutional Head of the State was also no more
than purely ceremonial.
In the Nehru era the personality of the Chief Minister was also an important ingredient. In those
days the best known political leaders of India held the post of Chief Minister—Pandit G.B. Pant
in U.P, C. Rajgopalachari in Madras, Morarji in Bombay, B.C. Roy in West Bengal, and Ravi
Shanker Shukla in M.P. They were often referred to as "Nehru's five war lords." Before them,
even Governors like Padamaja Naidu, K.M. Munshi and Pattabhi paled into insignificance. H.V.
Pataskar's humiliation by his Chief Minister resulted in a letter of protest to Nehru, with the latter
throwing it into waste paper basket. Since at the time both the Chief Minister and the Governor
were almost his own 'creatures', and the Chief Minister naturally happened to be in a better
position, they had more influence with the Prime Minister.
No wonder eminent leaders like Rajaji, Padamaja Naidu, K.N. Katju and several other took the
earliest opportunity to get out of Raj Bhavans, vividly described by one of them, as 'gilded cages'.
Before becoming Chief Minister of West Bengal, Dr. B.C. Roy turned down, with unconcealed
disdain the governorship of U.P. They evidently felt, and quite rightly, that their time and talent
were being wasted. Nor was this surprising in a situation of prolonged political stability through
the bulk of the Nehru era, when the Congress ruled both at the Centre and all States.
Consequently, a Governor had nothing worthwhile to do, except perform some ceremonial duties,
cut tapes or light lamps at functions, distribute prizes at flower or dog shows, host boring
banquets and so on. Unsurprisingly, people of real worth did not accept the job while those not
particularly qualified for it fell over one another to grab it because of its pomp and privileges.
POSITION AND ROLE OF THE GOVERNOR AFTER 1967
The Governors came into great prominence after 1967 when they were faced with difficult
situations due to the coming into power of non-Congress520
INDIAN GOVERNMENT AND POLITICS
and Madhya Pradesh. In both these States the Governors, who happened to be ex-
Congressmen, tried to help Congress Chief Ministers.
Controversies regarding the role and position of the Governor arose due to changed
political situation especially as no one political party could secure a clean majority. This
provided Governors an opportunity to exercise their discretionary powers. It was argued
that the Governors were exercising their constitutional powers neither in their discretion
nor according to their individual judgment but according to the advice of the Prime
Minister who was abusing the office to advance her own interests and those of her party.
It was obvious that the decisions of the Governors, particularly in West Bengal in
November 1967, and in U.P. in September 1970, were taken under her pressure. Speaking
at a symposium in New Delhi, P.K. Deo, a member of Parliament from Orissa, alleged
that the Governors adopted different standards and practices in various States to suit the
interests of the ruling party at the Centre. A few radicals such as Namboodiripad saw no
good in the institution of Governors and suggested that it should be abolished as it had
become a 'fifth wheel'.
GOVERNOR'S POSITION : THE ISSUE OF ROLE DIFFERENTIATION
The foregoing analysis would show that the key issue concerning the office of the
Governor today is not one of rehabilitation but of role differentiation. The problem of
role differentiation which could not take place and get institutionalized so far largely on
account of one part}' dominance has assumed such serious proportions today as to
become a case of crisis of confidence in the political system itself.
The Governor has a double role to play—one as constitutional head of the State and the
other as agent of the Centre. We may argue that the expression 'agent of the Centre'is not
a happy expression in so far as it is unfederal, if not anti-federal; we could perhaps speak
of the obligations of the Governor as head of the State and of his constitutional
responsibilities vis-a-vis the Centre. Two premises may be developed to delineate his role
in this regard. Generally speaking, there is no overlap between the two roles except where
otherwise specifically provided, the role of the Governor as a so-called agent of the
Centre starts where his role as constitutional head of the State ends. Secondly, we may
also add that there is another line of demarcation in the Governor's role as constitutional
head of the State has primacy over his role as agent of the Centre as the former relates to
periods of normalcy and the latter to emergency situations. If these two premises are
accepted, the two roles could be easily reconciled.
Thus, we may conclude that the Governor has two important roles to play. As the
representative of the Centre in the State, it is his responsibility to see that the federal
balance and political stability are not sought to be destroyed or undermined. In his role as
the head of the State government, he has discretionary powers. He is not merely a
figurehead or a nominal head, or a passive spectator. But the exact range of his powers
would greatly depend upon the political situation that exists in the State. If there is great
deal of political harmony in the State, the burden of the Governor is greatly reduced. If
there is great deal of political disharmony in the State and political stability is being
undermined, the role of the Governor naturally becomes much larger.
Thus, this office is of vital importance having multifaceted role, that Governor is linchpin
of constitutional apparatus, that Governor's office assures continuity of Government and
that it should not be dispensed with.THE ROLE OF GOVERNOR IN STATE POLITICS
521
RECOMMENDATIONS OF THE ARC
The Administrative Reforms Commission in its report on Centre-State relations pointed
out that the office of the Governor has ceased to be merely ritualistic and ceremonial. The
Governor has to face situation in which he has to take decision in view of his oath of his
office to preserve, protect and defend the Constitution and the law. The ARC report
insisted that the Governor must be impartial and must have a sense of fair play. He must
have firm faith in the constitutional set-up and the democratic institutions. The specific
recommendations made by the ARC are as follows: (i) A person to be appointed as a
Governor should be one who has had a long experience in public life and administration
and can be trusted to rise above party prejudices and predilections, (ii) He should not be
eligible for further appointment as a Governor after the completion of his term. Judges,
on retirement, should not be appointed as Governors, (iii) The convention of consulting
the Chief Minister before appointing a Governor is a healthy one and may continue, (iv)
He must act according to his own judgment and discretion in making his reports to the
President and also in regard to the reservation of Bills for the consideration of the
President. (v) When the Governor has reason to believe that the Ministry has ceased to
command a majority in the Assembly, he should come to a final conclusion on this
question by summoning the Assembly and ascertaining its verdict on the support enjoyed
by the ministry, (vi) When a question arises-as to whether the Council of Ministers
enjoys the confidence of the majority in the Assembly, and the Chief Minister does not
advise the Governor to summon the Assembly, the Governor may, if he thinks fit, sow
moto summon the Assembly for the purpose of obtaining its verdict on the question.
President Appoints Committee to Examine Governor's Powers and Draw Guidelines for Them
In the midst of mounting criticism and allegations, the Governors met on 12-13
December, 1969, for their annual conference in New Delhi. The consensus was that
ensuring stable governments in the States in the era of coalition politics was the main task
of Governors, and that full use of their constitutional as well as discretionary powers
should be made to attain that end. Thinking that the President and Governors should
remain above controversies, inaugurating the two-day annual conference of Governors on
20th November, 1970, President V.V. Giri emphasised that the constitutional powers of
the Governors relating to the appointment of a Council of Ministers, summoning and
dissolution of Legislative Assemblies and failure of constitutional machinery must be
exercised with utmost objectivity and impartiality. He set up a committee of five
Governors headed by the then Kashmir Governor Bhagwan Sahay to study the provisions
in the Constitution relating to these issues and to determine whether, and what, guidelines
could be laid down for the Governors to deal with those problems.
The members of this committee interviewed a cross-section of politicians and public
figures, and took ten months in arriving at their conclusions. They submitted their 73-
pages report to the President in October 1971, and disapproved the idea of laying down
rigid guidelines for State Governors, as doing so was considered unconstitutional because
under the Constitution no authority was vested with the power to issue any directions to
the Governor or lay down any code or rules for his guidance. The committee expressed
the feeling that a
1 1:
- -™-.i'v>«r>n +>.o nnrt of legislators and parties, rather522
INDIAN GOVERNMENT AND POLITICS
than strict observance of a set of rules by Governors, would prevent erosion of
democracy and ensure stability of administration.
The Sarkaria Commission has also observed in its report that "it would be neither feasible
nor desirable to formulate a comprehensive set of guidelines for the exercise of the
discretionary powers of the Governor. A Governor should be free to deal with a situation
according to his best judgment, keeping in view the Constitution and the law and the
conventions of the Parliamentary system......"
Conclusions
Far from being the fifth wheel in a coach, the dignified post of the Governor is an exalted
social institution and a constitutional necessity.
The study of the operational aspect of the office of the Governor during 1950-2003, we
find that it was the involvement of the Governors in active politics of the State which
made the office subject to considerable public criticism. Throughout the fifties and early
sixties, there were definite signs of this tendency, but after 1967 some of the Governors
dangerously overstepped their jurisdiction which resulted in public demands for their
removal. The manner in which the power of appointing and dismissing the Council of
Ministers, summoning, proroguing and dissolving the Assembly, and also of
recommending the imposition of President's rule, has been used is a sad commentary on
the role of some of the Governors.
The Governors in some of the States by using their powers purely for partisan and
personal ends, not only deprived the office of its lustre and dignity, but also brought
disrepute to it, which should have been avoided. Mrs. Gandhi doubtless has her share of
responsibility for what has happened. But to blame her alone and to pretend that others
are not responsible is inappropriate. The Janata Party may have ruled for only 29 months,
mostly spent in mutual bickering. But even during this brief period, it did, in relation to
Governors, almost exactly what it had been denouncing Gandhi for. A point has
sometimes been made—not without justification-that the Janata Party never sacked a
Congress-appointed Governor though Mrs. Gandhi has dismissed two and eased out a
third. But then no one can deny that the Janata dropped repeated hints to Jagan Nath
Kaushal to quit the Patna Raj Bhawan. He refused. Mohan Lai Sukhadia, on the other
hand, resigned as Governor of Tamil Nadu as soon as Mrs. Gandhi lost in the 1977
general elections.
National Commission to Review the working of the Constitution A consultation paper on the
Institution of Governor under the Constitution
It is necessary to invest the office of the Governor with the requisite independence of action and to rid them
of the bane of 'instructions' from the central Government. It is necessary to make him the Governor of the
State in its full and proper sense and to enable him to live up to his oath truthfully. His loyalty must be to
the constitution and to none else and his commitment to the well-being of the people of his state. He must
command respect by his conduct.
It follows from our discussion that for a variety of reasons the office of Governor enjoys
scant respect in the eyes of even those who hold it, leave alone the public at large. For
better or worse, the Governors are not seen to be the elder statesmen acting as a bridge
between the Centre and the States, as Nehru had wanted them to be, but as instruments of
the party in power in New Delhi, always willing to obey its commands, however
improper.THE ROLE OF GOVERNOR IN STATE POLITICS
523
The Supreme Court has expressly laid down that governorship "is an independent
constitutional office which is not subject to the control of the Government of India." In
other words, the Governor of a State is not subordinate or subservient to the Central
Government. Again, the Supreme Court's judgment leave no doubt that when the
Constitution says that the Governor shall hold office "during the pleasure of the
President," it does not mean the whim and fancy of the President.
The Governor's is a high constitutional office. The Governor takes an oath 'to preserve,
protect and defend the Constitution and the law.' That he is appointed by the President of
India is not very material, for the President appoints even the Chief Justice of India. A
mere appointment does not make the functionary an instrument of use by the ruling
central political party or parties.11 It is therefore imperative that persons of proven
integrity and character alone are appointed to this exalted office. Persons like Vishnu
Sahay, B. K., Nehru and L. P. Singh have added grace to the office. Even politicians
appointed as governors like Surendra Nath Dwivedi and Chintamani Panigrahi have
adorned the gubernatorial post and acquitted themselves creditably. Equally true it is that
the high office of the Governor has been disgraced by many a Governor.
REFERNCES • '
1. Commission on Centre-State Relations Report, Part II (views of the Andhra Pradesh Government), (Govt. of India
Publication, 1987). p. 50.
2. Commission on Centre-State Relations Report, Part-I (1987), p. 128.
3. Ibid., pp. 128-29.
4. Kuldip Nayar, India After Nehru (Delhi, 1975).
5. Shekhar Gupta, "Governor's Partisan Role in Assam," Indian Express (Ahmedabad), March 25, 1982, p. 27.
6. The Indian Express, March 19, 1982, p. 5.
7. Iqbal Narain, Twilight or Dawn (Agra, 1972), pp. 120-21.
8. The other members of this Committee were U.P. Governor Dr. B. Gopala Reddy; the Kerala Governor, Ali Yavar
Jung; and the West Bengal Governor S.S. Dhawan.
9. Commission on Centre-State Relations, n. 2, p. 137.
10. Inder Melhotra, "Stooges or Satraps?" The Times of India (Sunday review), November 8, 1981, pp. 11-15.
11. S. R. Maheshwari, "Office, of the Governor—Role in Ministry Making', Politics in India, January 1997, p.
38.Chapter 41
THE CHIEF MINISTER AND THE
COUNCIL OF MINISTERS IN STATE
POLITICS
The Chief Minister occupies a pivotal position in a state. He symbolises ruling power structure
and weilds more authority than any body else in the State. He shapes the style of his government,
and is responsible for its performance. He occupies a position in the State comparable to that of
the Prime Minister at the Centre. He is appointed by the Governor but is responsible with his
ministry to the popularly elected Legislative Assembly.
Some of the most influential Indian political leaders have served as Chief Ministers, and some
promising young men first gained national recognition in this position. Shortly after
independence five of the best known political leaders of India held the post of Chief Minister, viz.
G.B. Pant in U.P., C. Rajagopalachari in Madras, Dr. B.C. Roy in West Bengal, Ravi Shankar
Shukla in M.P. and Morarji Desai in Bombay. They were often referred to as 'Nehru's five war
lords'.1 In some States Chief Ministers have remained in office for long periods; others have
witnessed a procession of Chief Ministers.
In the years following independence, strong Chief Ministers, including 'Nehru's five war lords',
were very influential in the Congress Party, and they ran their States with little supervision or
direction from the Central Government or the Congress High Command. This was particularly
true of Dr. B.C. Roy in West Bengal, who was a power unto himself and did not hesitate to
challenge even Jawaharlal Nehru on some issues. For sometimes thereafter the Chief Ministers,
with occasional exceptions, played a lesser role in Congress politics, but since Nehru's demise in
1964 the Chief Ministers have become a major national political force. In the second and third
successions to the Prime Ministership, and to some extent in the first, they played an important,
and perhaps a decisive, role.
Before 1967 non-Congress Chief Ministers were a rarity; but after the 1967 elections more than
half of the States of India, at one time or another, have had Chief Ministers from an opposition
party or dissident Congress group. Some have gained a widespread following and a considerable
reputation. As the position of the Congress continued to deteriorate, the role of non-Congress
Chief Ministers in Indian politics has become increasingly significant. Indeed, the Chief
Ministers like Jyoti Basu, Laloo Prasad Yadav, Chandra Babu Naidu, Om Prakash Chautala,
Prakash Singh Badal, K. Karunanidhi and Prafulla Kumar Mohanto have emerged as king
makers.THE CHIEF MINISTER AND THE COUNCIL OF MINISTERS ....
525
APPOINTMENT OF THE CHIEF MINISTER
The Chief Minister is appointed by the Governor3—the executive head of the State, who
invites the leader of the majority party in the Legislative Assembly to form the
government. The Constitution says nothing about the qualification of the Chief Minister.
Under the Constitution all that is needed is that such a person is citizen of India and
possesses such qualifications, as are required for becoming a member of the Legislative
Assembly. There are no educational or other qualifications about his appointment. Such a
person could be a member of either House of the legislature or even an outsider.
Although constitutionally a non-legislator does not stand barred from becoming a mini-
ster or a Chief Minister, he must, however, become a member of the legislature within six
months failing which he is liable to forfeit his office. This provision has been on
occasions taken advantage of by the majority legislative party in the selection of its
leader. In 1952, Morarji Desai was appointed as Chief Minister of Bombay though he had
been defeated at the polls. In 1952, the Congress Legislative Party in Madras elected C.
Rajagopalachari as its leader, and he thereupon became the Chief Minister. After a while
he was nominated to the upper house, and, thus, met the constitutional requirement and
continued in office. In 1960, C. B. Gupta was made Chief Minister of Uttar Pradesh even
though he had lost the election. He became a member of the Legislative Council. In 1970,
T.N. Singh, a member of Rajya Sabha, was elected by the Samyukta Vidhayak Dal as the
Chief Minister of Uttar Pradesh, and he continued in the office until he contested an
election in which he was defeated. In both Uttar Pradesh and Rajasthan in 1977 the Janata
Party, which commanded a majority in these states consequent on the Assembly poll,
elected, respectively, Ram Naresh Yadav and Bhairon Singh Sekhawat as leaders (Chief
Ministers) although they were not at that time members of their respective state legisla-
tures. Similarly in 1980, A.R. Antulay and Jagan Nath Pahadia took over as Chief
Ministers of Maharashtra and Rajasthan respectively, when they were ministers at the
Centre and thus did not belong to the State Legislature. Thus, non-legislators have
become Chief Ministers and later won their way into the legislature (or stepped down
after their defeat in the election).
The appointment of the Chief Minister falls within the discretionary powers of the
Governor, though the element of discretion should not be allowed to prevail in an
unscrupulous manner. If a political party commands a majority in the Legislative
Assembly the Governor is left with little discretion and has to invite the leader of the
majority party to form the government. Thus, we find that C. Annadurai and after his
death M. Karunanidhi were appointed as the Chief Ministers of Tamil Nadu in view of
the fact that the DMK commanded absolute majority in the Vidhan Sabha. The same is
true if a coalition of political parties, formed before the general election is returned in a
clear majority in the Vidhan Sabha and apprises the Governor with the name of their
chosen common leader in time. Here the common leader of the pre-electoral alliance has
the mandate of the electorate which the Governor cannot and should not dishonour. As
such, we find that the Governor of Kerala appointed E.M.S. Namboodiripad as the Chief
Minister after the elections of 1967. The same may also apply to a case of post-electoral
alliance. In case there is no party in the House in clear majority and some parties manage
to do so on the basis of some understanding or a common programme and then apprise
the Governor with the name of their chosen leader, the Governor must invite their leader
to form the government.________________._..... ^, ■_, IIMIVICIM I AND POLITICS_____________________________
of Ms. Mayawati (March 1997) and Kalyan Singh (September 1997) in Uttar Pradesh in 1997 is
another example of this type.
In case the Governor finds that there is no likelihood of various parties coming together to form
the government, he may wait for sometimes and thereby give an opportunity to the parties to
thrash out matters in a way that the formation of government becomes a possibility. For this sake,
he may recommend to the President the half imposition of state emergency. This dimension of
Governor's discretionary power often gives rise to sharp political controversy as his action is sure
to become a quite unpleasant affair for one party or another. The action of the U.P. Governor, for
example, was widely criticised when, after the dismissal of the Charan Singh Ministry in
September 1970 on the plea of Congress withdrawing its cooperation (from BKD led Ministry),
he advised the President to invoke Article 356. It was a case of imposition of half emergency and
the Governor invited T.N. Singh to form another coalition ministry shortly after when political
forces polarised. It is also possible that before inviting a person to form the ministry, the
Governor may have his own assessment of the situation. In case of no party having clear majority
in the Vidhan Sabha, he may seek the advice of the Advocate General of the State. The Governor
of Bihar sought the advice of his Advocate General and then wrote to B.P. Mandal a very keen
aspirant for the office of the Chief Minister. It is also possible that the Governor may feel that
there are no prospects of having an alternative government and thereby recommend to the
President in regard to the full imposition of state emergency as was done by the Governor of
Kerala in March 1965. The Governor may also invoke the plea of no possibility of having a
'stable government' and thereby recommend to the President his proposal of placing the State
under Centre's rule as was done by the Governor of U.P. in February 1968 after the fall of the first
Charan Singh Ministry.
The Governor of Rajasthan did well by following the tradition of calling the leader of the single
largest party (Mohanlal Sukhadia) to form the government in 1967. However, he certainly
committed the mistake of playing fast and loose with the stand of the Independents whom he
ultimately avoided from his assessment. Likewise the Governor of Punjab showed his rashness in
appointing Lachman Singh Gill as the Chief Minister of Punjab in November 1967 after
accepting the resignation of Sardar Gurnam Singh. The most obvious instance of the partisan role
of the Governor related to the case of Orissa. In April 1958, the Governor did not accept the
resignation of the Chief Minister (Harekrishna Mehtab). Instead, he used his discretionary power
in requesting him to withdraw his resignation and that he (Mehtab) ultimately did.
The appointment of the Chief Minister is, thus, a matter falling within the discretionary power of
the Governor. As such, even a leader of a minority party may be appointed for this office
provided he has the 'pleasure' of the Governor primarily and of the Legislative Assembly
secondarily. The nomination of Dr. P.C. Ghosh in West Bengal and of Lachman Singh Gill in
Punjab in November 1967 and also the nomination of Mrs. Anwara Taimur (December 1980),
Keshab Chandra Gogoi (January 1982) in Assam, M. Karuna Karan in Kerala (December 1981)
and Ms. Mayawati in U.P. (June 1995) may be cited as clear examples of this nature.
SELECTION POLITICS OF THE CHIEF MINISTERS
The selection of the Chief Minister has always been a complex problem. The Governor nominates
the Chief Minister, who is politically selected by aTHE CHIEF MINISTER AND THE COUNCIL OF
MINISTERS ....
527
JAYALALITHA'S APPOINTMENT AS CHIEF MINISTER—MAY, 2001
The Governor, Ms. Fathima Bibi, did not take too much time to appoint Ms. Jayalalitha as the Chief
Minister of Tamil Nadu (May 14, 2001). But this decision will excite controversy for many years to come.
It is the first time in the history of parliamentary democracy that a convicted criminal who has been
disqualified from standing for elections has been inducted as Chief Minister. The Governor's decision was
taken behind closed doors. No reasons have been given for the decision.
The legal basis for Ms. Jayalalitha being made Chief Minister is a clause in the constitution permitting
ministerial appointments of non-legislators for six months. But can this clause permit the appointment of
convicted criminals disqualified from even standing for election.
Ms. Jayalalitha's candidature suffers on two counts. She is a convicted criminal awaiting an appeal
decision. She has also been formally disqualified by the Returning Officer whose statutory decision can
only be set aside in an election petition.
The argument that the peoples' verdict in her favour would override the constitution and all laws is
disturbingly untenable. It is an invitation to thugs and criminals to rule India without demur.
Ms. Jayalalitha's appointment is a dangerous precedent. It will affect future cabinet formations at all levels.
From now on, Chief Ministers—as, indeed, Prime Ministers—will not be hesitant to induct convicted
criminals into the Cabinet. An entire tradition democracy has been thrown out of a Raj Bhawan's window.
In the past, Ministers convicted of a crime were made to resign. After Ms. Fathima Bibi's decision, they
will march into office unabashed and unashamed.
faction of the party, or by the supreme leader of the party, or by the majority of the largest party
in the State Legislature. In the case of Congress party Chief Ministers, especially after 1971, were
the choice of Prime Minister Indira Gandhi. P.C. Sethi, Mrs. Nandini Satpathy, S.S. Ray,
Ghanshyam Ojha, Adbul Gafoor, Kamlapati Tripathi, H.N. Bahuguna, and more recently Jagan
Nath Pahadia, A.R. Antulay, Arjun Singh, V.P. Singh, Baba Saheb Bhonsley, T. Anjiah, and B.
Venkata Ram Reddy were the nominees of the Prime Minister. Jagan Nath Pahadia and Anjiah
were forced to resign because the Prime Minister wanted a change in the leadership of the
respective States. In the case of non-Congress coalition governments in the States, a good number
of defectors were made Chief Ministers. For example, in Bihar as many as six of the eight Chief
Ministers were defectors during the period from March 1967 to March 1971.4
After the Assembly elections of June 1977, Chief Ministers were selected on the basis of an
understanding between the two strongest Janata constituents, viz., the BLD and Jana Sangh. The
States where the Jana Sangh emerged as the dominant group in the Janata Legislature party were
Madhya Pradesh, Rajasthan, Himachal Pradesh, and the Union Territory of Delhi. In each of
these, Jana Sangh members were elected Chief Ministers with virtually total control over the
government and the party organisation. The BLD candidates were backed for Chief Ministership
in Bihar, Uttar Pradesh, Haryana and Orissa.5
The office of the Chief Minister suffered considerably during 1972 to 1976 and after 1980. Mrs.
Gandhi and the Congress High Command began foisting
528
INDIAN GOVERNMENT AND POLITICS
culmination of a process which began exactly a decade ago. However, the 'ready-made Chief
Ministers' of 1972 were by no means non-entities. They were handpicked, it is true, and sent
down to rule as satraps enjoying the party High Command's fullest confidence. But those of them
who began to dig in and strike roots in the political soil of the State soon came to grief. 6 Both
Anjiah and Antulay were imposed on their States by Mrs. Gandhi to make the point that power
lay in Delhi and to get over new and traditional rivalries at the State level. Antulay built up a
parallel government and grew from strength to strength—until his downfall. Anjiah needed
constantly to be propped up by Delhi and obviously could not cope with the problems. The Prime
Minister could select persons with no political base of their own, for this alone would effective
ensure their looking up to her for survival and support. If any Chief Minister showed any sign of
independence in his functioning, he was immediately replaced on one pretext or the other as was
the case with Nandini Satpathy and H.N. Bahuguna. On January 20, 1982, soon after he received
the Sanad for Maharashtra's Subedari in New Delhi, Bhonsale announced, "of course, I have
affection and respect for Mr. Antulay. That is no secret. My highest loyalty is to Mrs. Gandhi and
Mr. Rajiv Gandhi. Affection is one thing, loyalty quite another."
The Constitution establishes a parliamentary system at the Centre and in the States in which the
head of the Government is responsible to the legislature and to no outside authority, that would be
negation of the very basis of responsible government. Deviation from principle has assumed
proportions of blatant violation. It should be plain to all by now that the centralized ;
authoritarian structure of the ruling party is incongruous in a democratic i parliamentary system
which is also a federation. Like Governors, if the Chief' Ministers are also to be nominated by the
Centre, the federal principle is set at ■ naught.10
POWERS AND FUNCTIONS OF THE CHIEF MINISTERS
The Chief Minister of a state, being the real executive head of the State, enjoys vast powers and
functions. They are: (1) He is the working head of the state government and as such, he advises
the Governor in matters relating to ; the selection of his ministers, change in their portfolios and
their removal from i his government. (2) He presides over the meetings of his Council of
Ministers and see to it that the principle of collective responsibility is maintained. He may thus
advise a minister to tender his resignation, or he may advise the Governor to dismiss a minister in
case he differs from the policy of the Cabinet. (3) He communicates to the Governor all decisions
of his Council of Ministers relating to the administration of the State of affairs and proposals of
legislation. (4) He furnishes to the Governor such information relating to the administration of the
State of affairs and proposals of legislation as he may call for. (5) He places a matter for the
consideration of the Council of Ministers where the Governor requires him to have the decision
of the government. (6) He acts as the sole channel of communication between his ministers
and the Governor.; (7) Likewise, the Chief Minister is the sole channel of communication
between] his ministers and the legislature. All bills, resolutions, etc. that are moved inj the
legislature must have his prior approval. When there is much criticism of 1 his government in the
legislature he himself holds the floor to face the onslaught j of the opposition and thereby save his
government from being backed orj defeated. (8) He is the leader of the majority party and, as
such, it is his dut| to see that discipline is maintained. For this he appoints the whips and sees
1THE CHIEF MINISTER AND THE COUNCIL OF MINISTERS .
529
it that the orders of the whips are invariably carried out. (9) He may tender his resignation any
time and then advise the Governor to summon such and such person for the installation of another
ministry or to dissolve the House and thereby place the State under President's Rule. (10) Though
in theory all appointments are made by the Governor, yet in practice power of patronage vests
with the Chief Minister. He is consulted about the appointment of judges of the State High Court.
No posting and transfer can take place in the State without his approval. He is consulted in the
appointment of State Advocate General and the members of State Public Service Commission.
The ARC in its "Report on State Administration" has observed :
1. The Chief Minister should act as the 'real leader' of the ministerial team. It should be his
undivided responsibility to ensure smooth and efficient functioning of the Council of ministers.
2. The Chief Minister should himself set a high standard of public conduct and insist on others
ministers to do so.
CHIEF MINISTER AND THE LEGISLATURE
In a parliamentary form of government, the executive, headed by Chief Minister, and the
legislature are supposed to work in close co-operation with one another. As leader of the House
he makes all policy statements in the House and whenever he feels his cabinet colleagues are not
in a position to satisfy the House, he comes forward to help them. He defines government policies
and programmes in the House and faces the opposition. He communicates the views of the House
to the Governor and as such he acts as a channel between the two. He decides for all practical
purposes the agenda of the House. But in respect of legislature his most important power is that
of the dissolution of the House. At any time the Chief Minister can advise the Governor that the
Vidhan Sabha be dissolved, though the latter is not bound by that. But usually such an advice is
accepted.
Relationship between the Governor and Chief Minister
In the cabinet form of government that we have, the Chief Minister, no doubt, is ultimately
responsible to the electorate. But, while in office the Chief Minister has the obligation to facilitate
the exercise of, as head of the State, what the Sarkaria Commission has termed the Governor's
"right to be consulted, to warn and encourage." Without having access to necessary information
about the affairs of the administration of the State the Governor cannot effectively discharge his
multi-faceted role as 'friend, philosopher and guide' to the Council of Ministers, as a sentinel of
the Constitution and as a live link with the Union.
But, this right does not permit the Governor to try to become a counter magnet or a parallel centre
of power. The nature of the powers available to the Governor is persuasive and not authoritarian.
He cannot under the garb of this right start overriding or vetoing the decisions or proposals of the
Council of Ministers.
The founding fathers of the Constitution had laid great stress on the need for harmonious relations
between the Governor and his Council of Ministers headed by the Chief Ministers. This was the
governing idea behind abandoning the proposal for elected Governors and providing for their
nomination by the President.
Recently the State of Madhya Pradesh has been witness to a cold war530
INDIAN GOVERNMENT AND POLITICS
in the habit of directly summoning senior Government officials to the Raj Bhawan and
issuing verbal orders. Digvijay Singh, the Chief Minister views this as an affront to his
authority and believes that requests from the Governor should be routed through the State
Government. The Chief Minister prevented Director Genera] of police V. P. Singh from
providing the Governor with information that he had sought regarding a gang-rape case.
According to Governor, people come to him with their grievances because they have
more faith in the Raj Bhawan, and in any case, he is only "helping the Government" by
bringing to its notice the leakage in the administration of justice. Even the Governor took
the unusual step of addressing a press conference to criticise the populist measures taken
by the Digvijay Government to win over the voters on the eve of assembly elections.11
Rcently (May, 2001) Mr. Balakrishna Pillai has been ruled out from ministerial office, as
a result of the judicious intervention of the Kerala Governor, Mr. S. S. Kang. The Kerala
Governor's reservations over Pillai being inducted into the UDF Cabinet were not based
on the letter of the law—on no overt legal or constitutional principle. They were, if
anything, based on the extreme moral incongruity of someone found guilty by the law
occupying an office where he is responsible for both making and implementing it.
Mr. Kang should be commended for reaffirming the importance of a principle which is
wholly in keeping with the spirit of the Constitution and the democratic framework of the
polity. Yet to the Kerala Chief Minister, Mr. A. K. Anthony, must be owed the
substantive part of the credit for not insisting on Mr. Pillai's induction and for complying
readily with the Governor's wishes.n
The Sarkaria Commission also has emphasised that for proper working of the
parliamentary system, there has to be personal rapport between the Governor and the
Chief Minister. One of the ways suggested to foster good personal relationship is
consultations with the Chief Minister at the initiation of the process of appointment of
Governor for the State. Jawaharlal Nehru also said in the Constituent Assembly that a
Governor should be acceptable to the Chief Minister. One suggestion is that the people
who are in the thick of party politics should not be made Governors. Another suggestion
that merits consideration is that a person associated with one party should not be sent as
Governor to a State where another party is in power.
A sharp controversy has of late arisen upon the question whether a Governor has the
power to dismiss a Council of Ministers, headed by the Chief Minister, on the assumption
that the Chief Minister and his Cabinet have lost their majority in the popular House of
the Legislature. The controversy has been particularly intriguing in as much as two
Governors acted in contrary directions under similar circumstances. In West Bengal in
1967, Governor Dharamvira, being of the view that the United Front Ministry, led by
Ajoy Mukherjee, had lost majority in the Legislative Assembly, owing to defections from
that party, asked the Chief Minister to call a meeting of the Assembly at a short notice,
and, on the latter's refusal to do so, dismissed the Chief Minister with his ministry. On the
other hand, in Uttar Pradesh in 1970, Governor Gopala Reddy dismissed Chief Minister
Charan Singh, on a similar assumption, without even waiting for the verdict of the
Assembly which was scheduled to meet only a few days later.
According to the Article 164 of our Constitution (i).....and the Minister shall
hold office at the pleasure of the Governor; (ii) The Council of Ministers shall be
collectively responsible to the Legislative Assembly of the State.THE CHIEF MINISTER AND THE
COUNCIL OF MINISTERS ....
531
In the above context, the legitimate conclusion that can be drawn is that:
(a) The Governor has the power to dismiss an individual minister at any time.
(b) He can dismiss a Council of Ministers or the Chief Minister whose dismissal means a fall of
the Council of Ministers, only when the Legislative Assembly has expressed its want of
confidence in the Council of Ministers, either by a direct vote of no-confidence or censure or by
defeating on important measure or the like, and the Governor does not think fit to dissolve the
Assembly. The Governor cannot do so at his pleasure on his subjective estimate of the strength of
the Chief Minister in the Assembly at any point of time, because it is for the Legislative
Assembly to enforce the collective responsibility of the Council of Ministers to itself, under
Article 164(2).
DEPUTY CHIEF MINISTER
The office of the Deputy Chief Minister has no constitutional validity and legal sanction, the
States may create this office, as was done in 1967 in West Bengal. Till 1956 only in Andhra
Pradesh was a post of the Deputy Chief Minister provided for while the Chief Ministership is a
constitutional necessity, the Deputy Chief Ministership, when created, is ordained by local
political expediency. Recently States like Rajasthan, Madhya Pradesh, and Karnataka have
created the office of the Deputy Chief Ministers, just to pacify the local political needs.
ACTUAL POSITION OF THE CHIEF MINISTER
The Chief Minister is vested with many powers, but his real position depends on his personality,
political experience, administrative capability, position in the party organisation at the State level,
backing and equation with the Central leadership and party High Command, and when he enjoys
support of a single majority party or of a coalition government.
A Chief Minister of a single party having comfortable majority behind him is always in a very
strong position. What determines his appointment and his strong and unassailable position is
whether or not he enjoys the support of the Prime Minister in addition to his personal hold and
influence over the local units of the party. Thus, men like B.C. Roy, G.B. Pant, C.B. Gupta and
Pratap Singh Kairon proved themselves as very strong leaders of their governments. They have
their roots in the State politics. Dr. B.C. Roy even resisted the increasing Central encroachment
on state autonomy.
Then there are Chief Ministers who enjoy a comfortable majority. They are selected or nominated
by the Prime Minister but they do not have roots in the state politics. It is neither the pleasure of
the Governor nor that of the Assembly but of one individual—Prime Minister—that decides his
fate. Chief Ministers like PC. Sethi, Nandini Satpathy, Bansi Lai, V.P. Singh, Arjun Singh, Jagan
Nath Pahadia, T. Anjiah and Baba Saheb Bhonsale belongs to this category. In case such Chief
Ministers get unqualified support from the Prime Minister, then they can afford to be more
autocratic than otherwise. If S.S. Ray in West Bengal or Bansi Lai in Haryana and for that matter
Giani Zail Singh in Punjab could prove effective it was only because they had the support of the
then Prime Minister.
One of the factors which makes the Chief Minister's position more difficult and less undisputed
than the Prime Minister's is the lack of a clear definition between the organisational and
legislative wings of theINDIAN GOVERNMENT AND POLITICS______
_ . _.......u.i nnu rULIIIUS
and the President of the State Party organisation have their repercussion within the State
ministry and often bedevil the working of the latter as a team. The position of Chief
Minister becomes very precarious when he heads a coalition government. The position of
the Chief Minister in many cases was seriously undermined to the extent that he virtually
came under the influence and command of his deputy. There were claims and counter-
claims which resulted in the creation of the office of Deputy Chief Minister. Sometimes a
Deputy Chief Minister may try to outsmart the Chief Minister himself.13 The position of
some other ministers appeared so sound that the Chief Minister virtually lost the privilege
of being 'first among equals'. What to say of his being 'a moon among the lesser stars' or
'a master of his ministers'. Thus men like Charan Singh, Govind Narayan Singh and Ajoy
Mukherjee as heads of coalition governments proved to be puppet Chief Ministers. Their
position in a coalition set up was undermined by the Co-ordination Committee of all
constituent partners. Contrary to all constitutional provisions and usages, the Chief Mini-
ster tendered his resignation not to the Governor but to this body. He sought to constitute
and re-shuffle his cabinet with the sanction of this body alone. The Chief Minister is thus
always fighting the battle of political survival. Sometimes he is placating the prospective
defectors with more ministerships. At other times, he is at the back and call of co-
ordination committees or he seeks an alternative set of political alignments to keep
himself in power.u
The Chief Minister of a coalition government is virtually a prisoner of circumstances.
The position of a Congress Chief Minister in Mrs. Indira Gandhi and Rajiv Gandhi era
depended largely on the kind of relations he had with the High command and the degree
of support he received from powerful 'patrons' at the Centre. As the Congress had been
running its government in most of the States and as its Chief Ministers had been acting at
the behest of their real rulers sitting in New Delhi, it was concluded that the Chief
Ministers had reduced themselves to the status of the Chief messengers of the party led
by the Prime Minister.15 Congress (I) Chief Ministers had coined a new variation of the
adage "see Naples and die", viz. "See New Delhi and live."16 The frequent trips congress
Chief Ministers made to New Delhi highlight their dependence on the Central
Leadership.
After Independence the states have evolved on two different tracks. One, with the
departure of Jawaharlal Nehru and Indira Gandhi, the two most charismatic and
centralising Prime Ministers, the states have acquired increasingly greater autonomy, thus
giving substance to the federal character of our political system. Second, the states
themselves have been constantly losing steam, and this process is not necessarily linked
to their becoming more autonomous. It was very much in evidence during the tenure of
Indira Gandhi. The root cause of this degeneration is the nature of the political apparatus
at the state level and the feudal character of our society. The chief minister of a state is
elected by the MLAs of his party or the coalition that his party has been able to cobble
together. Every political party is faction ridden and the faction leaders are all the time
plotting to replace the CM. This makes the position of the CM insecure, and the only way
he can hope to remain in power is to win over the faction leaders by offering them all
sorts of sops.
As effective governance implies taking of tough decisions and risk the alienation of
influential groups, this is just not possible for an insecure CM. It is a great irony that
whereas the team that an executive head of a state leads gets elected for five years, he
himself has to seek its mandate on a day to dayTHE CHIEF MINISTER AND THE COUNCIL OF
MINISTERS ....
533
basis. No wonder the office of a chief minister has become the most precarious and nerve-racking
assignment in the country. The situation obviously makes for weak, vacillating governance.
Equally reprehensible is the feudal character of our society where kinship, caste and other
parochial loyalties get precedence over one's professional obligations. Once a person gets elected
as a legislator or appointed as a minister, he is immediately surrounded by his 'near and dear' ones
who pressure him to do his 'duty' to his clan and caste. He also perceives it as his duty to stand by
his 'people' and do them all sorts of favours, fair or foul. In the process he obviously does not
forget his own immediate interests and the need to cultivate his 'constituency' for the next round
of elections. Moreover, in a country where job opportunities are limited and the government is the
single largest employer and dispenser of patronage, the impact of pressure groups and influential
lobbies on state administration are colossal.
It is a paradox of Indian democracy that a government's effectiveness is inversely proportional to
its distance from the people. The compulsions under which a CM works are replicated in the case
of the MLAs from their constituents. The manner in which favour seekers and petitioners swarm
at the residence of their MLAs shows the sort of pressures that our democratic system exerts on
its elected representatives. And these pressures are, in turn, transmitted to the Chief Minister—the
helpless prisoner of these representatives.
Under the above circumstances the first casualty is the rule of law. Its inevitable corollaries are
the norms of conducting of official business and concern for propriety. This leads to the blurring
of the dividing line between personal interest and public weal. Consequently, the stability of
government and security of tenure, which are vital for effective administration, become victims of
personal ambition as defections and toppling of ministries become the norms of political activity,
and corruption becomes the main instrument either to cling to power or to get to the seat of
power.
ROLE OF CHIEF MINISTERS IN NATIONAL POLITICS
Chief Ministers are not mere 'postmen' or 'chief messengers' as they are invariably called. In fact,
they have been a 'powerful force' in national politics.
In 1963 (i.e., before Nehru's death but following the Chinese invasion and several spectacular
bye-election defeats), four southern political leaders (three of whom were Chief Ministers) and
the Chief Minister of West Bengal met in a southern town to decide who should be supported for
the post of Congress Party President. They were K. Kamaraj, who had called the meeting, Sanjiva
Reddy, S. Nijalingappa, S. Malloy and Atulya Ghosh. They called themselves the 'Syndicate'.
When they discussed Morarji Desai, it was clear that they considered him too uncompromising
and rigid, too strong and independent to be influenced by them. The modest Lai Bahadur Shastri
suited them better. Not only did they consider him to be most amenable, but they also felt he was
more suitable since as a Northerner he could not be considered as their regional candidate. They
also believed that Nehru liked him and would be inclined to favour a person from his home state.
As a back-up candidate they selected Kamaraj. Nehru picked their second choice, i.e., Kamaraj,
himself perhaps because he spoke little English, was a lesser power and less well-known. Thus,
the Syndicate obtained control of the party organisation.
After Nehru's death, Kamaraj, in order to stop Desai and in order toINDIAN GOVERNMENT AND
POLITICS here eJ-'"--1 -1
_______________MVL/IMN GOVERNMENT AND POLITICS_________________________
the parliamentary members should not vote unguided. He called a meeting of an enlarged
forty-two member Congress Working Committee which included various central party
figures and all the Chief Ministers as well as the regular members. He was in turn
authorized to ascertain the consensus and give his advice. Kamaraj intensively consulted
all the MPs privately and found that the broadest support was for his own candidate—
Shastri, who was elected unanimously for the august office of the Prime Ministership.
Kamaraj and the Syndicate, which by this time included S.K. Patil, a cabinet minister
from Maharashtra, GB. Gupta, the Chief Minister of Uttar Pradesh, had their way, and
the political effect was positive. The Chief Ministers were probably of decisive
importance because they exercised the greatest control over the MPs elected from their
states. After all, they collected most of the party funds and their recommendations for
seat nomination were generally respected by the Central Organization.
Shastri died in office less than two years later. Morarji Desai announced
his candidacy and he was again opposed by Kamaraj who was still the Congress
President. By this time the Syndicate was no longer unified, so the initiative
slipped to Kamaraj and the Chief Ministers directly. Kamaraj's choice was Mrs.
Indira Gandhi. Independently of the Central Congress organisation, D.P. Mish-
ra, the Chief Minister of Madhya Pradesh, called together seven other Congress
Chief Ministers, who he thought would back Mrs. Gandhi, that she got their
early support. The Chief Minister of Punjab announced his support soon after.
Thus eight of the fourteen Chief Ministers gave their early backing. Kamaraj
worked on the old Syndicate members of the Congress Working Committee and
he also met with some success. Morarji Desai was left with support of just four
Chief Ministers, viz. his home state of Gujarat, Mrs. Gandhi's home state of
Uttar Pradesh, Mysore and Rajasthan.
Without a Prime Minister, power became dispersed among the organisational President,
the Working Committee, the Chief Ministers, and in one case an informal group of Chief
Ministers. In both cases the President and the Chief Ministers were dominant over all
ministerial, industrial and other individual forces. Kamaraj became known as the
'kingmaker', and the Chief Ministers became more independent in their own states.
In both cases Central and State chiefs had backed the same candidate. One can only
speculate what would have happened if they had been at odds. We are inclined to think
that a reasonably united set of Chief Ministers would have been successful. More
Congress MPs tend to be dependent upon them than upon the Central Organisation. Chief
Ministers have the superior financial resources and usually can determine who the
nominees will be although the Central Congress Election Committee headed by the
President sometimes over-rules the choice. It is also important to note that Kamaraj's
power, in spite of his kingmaker status, was later undermined by Shastri and he was
completely thrown out by Mrs. Gandhi. At the same time neither Shastri nor Indira
Gandhi could play much of a political role in the States. It took nearly five years and a
resounding national electoral victory in 1971 for Prime Minister Mrs. Gandhi to re-
establish clear control over the Chief Ministers.
THE STATE COUNCIL OF MJNISTERS
The Governor is the constitutional executive head of the State. The de facto executive is
the Council of Ministers, which is simply Cabinet Government on the British pattern. In
theory the Council of Ministers exists to aid and adviseTHE CHIEF MINISTER AND THE COUNCIL
OF MINISTERS ....
535
the Governor, but having regard to the theory of the Constitution, the Governor has in practice to
act on the advice of the Council of Ministers.
The Council of Ministers (very often its smaller body cabinet) is the Chief Executive body. It
formulates policies, initiates legislation and co-ordinates the work of the various agencies of the
Government. It guides, directs and controls the public administration and implements the policies
of the State assisted by the bureaucracy. The quality of the State administration is largely
conditioned by the leadership and direction provided by the ministers. In short, extraordinary
political power is vested in this small group of persons. Public confidence in the impartiality,
competence and fair play of the administration is mainly a product of the public image projected
by the ministers and the standards of integrity and efficiency set by them. Membership of the
Ministry, therefore, is a much coveted position and most politicians aspire for it. This aspiration
is a legitimate ambition of politicians, the fulfilment of which is considered as their crowning
achievement.
Organisation
The Governor appoints the Chief Minister and on the advice of the Chief Minister he appoints the
other Ministers. The Chief Minister, however, is not as free to select his team as the convention
would have us believe. There are several constraints like political pressures, demands of different
interest for representation, existence of factions, etc., which restrict the freedom of his choice.
The Ministers hold office during the pleasure of the Governor. The Ministers are collectively
responsible to the Legislative Assembly of the state just as the Central Ministers are responsible
to the Lok Sabha. The Governor administers the oath of office to each Minister before he enters
upon his office. The Governor can appoint Minister a person who is not a member of the State
Legislature at the time of the appointment. But such a Minister should become a member of the
Legislature within six months after entering upon his office.
The Council of Ministers is collectively responsible to the Legislative Assembly. This means that
every member of the Council of Ministers accepts responsibility for every decision of the
Cabinet. If a Minister is unable to accept responsibility, the only alternative left for him is to
resign, as there is collective responsibility.
The size of the State Council of Ministers has not been specified in the Constitution. It has been
left to the discretion of the Chief Minister who determines it according to the exigencies of time.
Usually in the States where no single political party enjoys a clear cut majority, Chief Ministers
have to go for large ministries to win the support of the various sections and interest groups. They
have to provide berths to several trouble-shooters and potential defectors to ensure the stability of
the Ministry. Kalyan Singh, the Chief Minister of Uttar Pradesh, expanded his ministry in the last
week of October, 1997 to include every defector and criminal who supported him in the Assemb-
Now the 91st Constitutional Amendment Act, 2003 makes a provision of ceiling on the number of
Ministers in a State. In Article 164 of the Constitution, after clause (1) the following clause is inserted :
(1A) The total number of ministers, including the Chief Minister, in the Council of Ministers in a State
shall not exceed fifteen percent of the total number of members of the Legislative Assembly of that State
or, in case of a State having a Legislative Council, the total number of both the Houses of the Legislature of
that State.
Provided that the number of ministers, including Chief Minister in a State shall not be less than twelve.
POLITICS
in the ministry, its strength reached to 92, known as jumbo-sized ministry. On the other
hand, in states under single party rule not facing party defections, the size of the ministry
is rather small.
The Constitution does not specify the salaries of the Council of Ministers. It merely lays
down "the salaries and allowances of Ministers shall be such as the Legislature of the
State may from time to time by law determine and, until the Legislature of the State so
determines shall be as specified in the second schedule." The salaries of the members of
the Council of Ministers have since been specified by the legislatures of the various states
and vary from State to State. Further these salaries keep on changing within the same
State from time to time.
The Council of Ministers consists of all the different categories of Ministers of the
Government of State. At present, there are three such categories viz., Cabinet Ministers,
Minister of State and Deputy Ministers. Of these the Cabinet Ministers by themselves
form a separate body called the Cabinet which, in fact, is the nucleus of the Council of
Ministers. The Cabinet is composed of the seniormost Ministers who were not mere
departmental chiefs but whose responsibilities transcended departmental boundaries into
the entire field of the administration. It is naturally, a smaller body and the most powerful
body in the Government.
Functions
The Minister is the political head of the department, whose administrative head is a
secretary, who is a career civil servant. Ordinarily matters pertaining to a department are
dealt with by the minister in-charge. But all important cases are required to be brought
before the cabinet for decision. It is open to the Governor to direct that a particular case
on which orders have been passed by an individual minister should be placed before the
cabinet. Generally speaking, the following categories of cases are required to be
submitted to the Cabinet for its decisions: (i) proposals for appointment or removal of the
advocate general and relating to his remuneration; (ii) proposals to summon, prorogue or
dissolve the legislature; (iii) proposals for legislation, including issue of an ordinance:
(iv) cases in which the attitude of government to any resolution or bill to be moved in the
legislature is to be determined; (v) proposals relating to rules regulating recruitment and
conditions of service of government servants, including judicial officers; (vi) the annual
financial statements to be laid before the legislature and demands for supplementary,
additional or excess grants; (vii) report of the State Public Service Commission and
action proposed to be taken with reference thereto; (viii) proposals for imposition of new
taxation, or changes in taxation; (ix) annual audit review of the State finances and report
of the Public Accounts Committee; (x) proposals involving important changes in policy
or practice or in the administrative system; (xi) reports of committees of inquiry; and (xii)
proposals for creation of posts on maximum salary exceeding Rs. 1,000 per month.
Conclusions
The functioning of the ministries in the various States show that in many States the size
of the ministries has been too big, judged by all standards of administrative requirements.
In a number of cases the leader chosen is not the best in the Party. Leaders nominated by
the Central Party High Command do not have a political base in state politics. Instances
abound where the ministers of coalition governments have spoken in different voices. In
many cases considerations in the matter of ministers have been influenced by demands of
defecting members, communal and regional claims and undeserved personalTHE CHIEF
MINISTER AND THE COUNCIL OF MINISTERS ....
537
ambitions. Ministers are often found to abuse their powers for personal and party ends. Ministers
developed favourites and exercised undue influence on service personnel. Unity and homogeneity
so essential for successful functioning of the ministry are lacking due to ideological differences.
Ministerial responsibility has been more individual than collective in the history of coalition
governments at the State level, so much so that Ajoy Mukherjee, the Chief Minister of West
Bengal, would resort to hunger strike and mass Satyagrah against Jyoti Basu, the Home Minister
in his own Cabinet.
The Constitution does not specify the size of the Council of Ministers or the ranking of ministers.
This varies from State to State depending upon the population, areas, other special features, and
above all, the local political conditions. But the Council of Ministers have of late been expanding
in all the States irrespective of the administrative needs in order to accommodate communal and
regional claims and satisfy personal ambitions. A compact and competent Council of Ministers is
the pre-requisite of purposeful government in the States. The ARC has very rightly observed,
"The Council of Ministers should be compact and homogeneous, its size being determined by
administrative needs. In larger States, the number of ministers (including ministers of State and
deputy ministers) may range between 20 and 25, in middle-sized state from 14 to 18, and in
smaller states between 8 and 12. The 91st Constitutional amendment is a forward step in the
direction of limiting the size of the abnormally large Council of Ministers.
REFERENCES
1. Norman D. Palmer, The Indian Political System (New York, 1971), p. 156.
2. Michael Brecher, Nehru's Mantle: The Politics of Succession in India (New York, 1966).
3. Article 164.
4. SubhashC. Kashyap, The Politics of Power (New Delhi, 1974), p. 305.
5. Sachchidanand Sinha, The Permanent Crisis in India (New Delhi, 1978), p. 29.
6. A.G. Noorani, "Mr. Bhonsale and Congress (I) Culture," Indian Express (Ahmedabad), 1st February, 1982.
7. Nihal Singh, "Revolt in Paradise,"/rtdwrc Express (Ahmedabad), February 24, 1982.
8. Shri Ram Maheshwari, State Government in India (New Delhi, 1979), p. 55.
9. Noorani, n. 6.
10. Ibid.
11. India Today, August 3, 1998, pp. 30-31.
12. The Hindu, May 18, 2001, p. 10.
13. West Bengal coalition with Ajoy Mukherjee as Chief Minister can be cited as an example.
14. 'The institution of the Co-ordination Committee undermined the authority of the Chief Minister and the Council of
Ministers. The Coordination Committee instead of confining its activities to the evolution of common agreed policies
extended its scope and started discussing matters like administrative policies and details of routine administration." —
Chetkar Jha.
15. J.C. Johari, Indian Government and Politics (New Delhi, 1974), p. 396.
16. According to an India Today estimate, the number of days spent in the capital (New Delhi) by the eight Chief
Ministers who completed 100 days in office are: Bihar's Jagannath Mishra—28, Rajasthan's Jagannath Palladia—48;
Gujarat's Madhav Singh Solanki—15; Orissa's J.B. Patnaik—15; Punjab's Darbara Singh—38; U.P.'s Vishwanath
Pratap Singh—• 31; Maharashtra's Abdul Rehman Antulay-30; and Madhya Pradesh's Arjun Singh—36. In statistical
term it means that on average, these Congress (I) Chief Ministers spent one day out of three in capital. While Haryana
Chief Minister Bhajan Lai's geographical proximity has enabled him to spent every second day in New Delhi, Channa
Raddi, Chief Minister of Andhra Pradesh made short work of the yawning distance between Hyderabad and Delhi to
chalk up 40 days. Thankur Ram Lai of Himachal Pradesh and Gundu Rao of Karnataka totteld up a score of one dnv in four
Jnri;,, r,^/,,., r\T.....T->-H.-> ■• *- ~

Chapter 42
THE STATE LEGISLATURE
The state legislature in India consists of the Governor and one or two houses. The
Constitution provides that in each State there shall be a Legislative Assembly. At present
the Upper Houses otherwise called Legislative Council or Vidhan Parishads exist under
Article 168 of the Constitution in only four states: Bihar, Maharashtra, Karnataka and
Uttar Pradesh. The State of Jammu and Kashmir also has an Upper House under its own
Constitution. Some other States which had Upper House voluntarily opted for abolition
of the same by passing the necessary resolutions as provided in Article 169(1) of the
Constitution. Where there are two houses of the legislature of a State, one is known as the
Legislative Council and the other as the Legislative Assembly.
STATE LEGISLATIVE COUNCIL Background
When the Constitution came into force on 26 January, 1950, provision was made in
Article 168 for having two houses of legislature in six States, namely, Bihar, Bombay,
Madras, Punjab, Uttar Pradesh and West Bengal. This article also provides that where
there are two houses of legislature in a State, one shall be known as the Legislative
Council and the other as the Legislative Assembly. Article 169 states that Parliament may
by law provide for the abolition of the Legislative Council of a State having such a
council or for the creation of such a council in a State having no such council, if the
Legislative Assembly of the State passes a resolution to that effect by a majority of the
total membership of the Assembly and by a majority of not less than two-third of the
members of the Assembly present and voting.
Since 1950, Legislative Councils have been created in some States. In some other States
they have been abolished. For example, the State of Mysore was created by the States
Reorganisation Act, 1956 and was given a Legislative Council. By the Legislative
Council Act, 1957, the State of Andhra Pradesh was given a Legislative Council. The
State of Bombay was bifurcated into two States, namely, Maharashtra and Gujarat, by the
Bombay Reorganisation Act. This Act also gave a Legislative Council to the State of
Maharashtra. Punjab and Haryana did not exercise this option at the time of creation of
these States on bifurcation of the larger State. Under the Constitution of Jammu and
Kashmir which came into force on January 26, 1957, the State of Jammu and Kashmir
also has a Legislative Council.
The Legislative Councils in West Bengal and Punjab were abolished with effect from
August 1,1969 and January 7, 1970 by the West Bengal Legislative Council (Abolition)
Act, 1969 and the Punjab Legislative Council (Abolition) Act, 1969, respectively. The
Andhra Pradesh Legislative Council, in which the congress enjoyed a majority, was
abolished by the Telugu Desam GovernmentTHE STATE LEGISLATURE
539
in 1985. Thus, at present, Legislative Councils exist in five States, viz., Bihar,
Maharashtra, Karnataka, Uttar Pradesh and Jammu and Kashmir.1
In India, we have a bicameral system in the Parliament and in five of the 28 States. The
question whether the Upper Houses in the States have their utility is debatable. The
arguments in support of these institutions may be summed up as follows: (i) the Upper
House gives representation to the special interests in the State; (ii) it functions as a
revising chamber; (iii) it is a safeguard against hasty legislation by the Lower House; (iv)
it consists of seasoned and experienced people; and (v) it has made valuable suggestions
on matters of public importance during debates in the House, which are profitably utilised
by the Government in the implementation of its policies and programme. The critics of
the bicameral system point out that the upper chamber is (i) a superfluous institution and
a burden on the public exchequer; (ii) it has not made any significant contribution as a
revising chamber or as a delaying chamber; (iii) there is repetition of various matters that
are raised in the Lower House; (iv) it has no power to vote demands for grants or to
amend Money Bills and certain categories of Financial Bills; (v) 23 out of 28 States have
only one chamber, i.e., Legislative Assembly and the absence of the Upper House has not
adversely affected the governance of those States and three of the States chose to abolish
the Legislative Councils a few years ago; and (vi) the members defeated in elections to
the Lower House are often brought in as members of the Upper House.
The question of the role of the second chamber and its place in a federal set-up was
discussed by the Constituent Assembly. It would be useful to recall what some of the
leading luminaries among our Constitution makers had to say about this matter. H.V.
Kamath, for instance, admitted that a Upper House at the Centre was acceptable, but in
Provinces, such Houses were 'pernicious' and 'vicious'. Professor K.T. Shah also did not
believe in the utility of bicameral legislature at least for the States. Renuka Ray felt that it
was unnecessary to have a second chamber. O.V. Alageson was more caustic when he
said that a second chamber was a sort of an old age pension. Biswanath Das from Orissa
was also not in favour of a second chamber in the States. He was of the view that a
chamber with indirectly elected members and nominated elements did not enjoy much
prestige and influence.
It is clear from the scheme of the Constitution set out in Articles 168 and 169 that there is
no mandate under the Constitution for having the bicameral system in the States. The
founders of the Constitution provided for Upper Houses in only those States which
succeeded to the existing provinces under the 1935 Constitution passed by the British
Parliament. For the States newly created by the Constitution no provision for Upper
Houses is made. Accordingly, the erstwhile States of Mumbai, Chennai, Punjab, Uttar
Pradesh, Bihar and West Bengal had originally Upper Houses but some of them
voluntarily opted for their abolition.
Composition
The total number of members in the Legislative Council of a State having such a Council
shall not exceed one-third of the total number of members in the Legislative Assembly of
that State. The total number of members in the Legislative Council shall in no case be
less than forty, unless Parliament by law otherwise provides. Of the total number of
members of the Legislative Council540
INDIAN GOVERNMENT AND POLITICS
authorities in the State as Parliament may by law specifiy; (ii) as nearly as ma] be, one-
twelfth shall be elected by electorates consisting of persons residing ir the State who have
been for at least three years graduates of any Universit) in the territory of India or have
been for at least three years in possession oi qualifications prescribed by or under any law
made by Parliament as equivalent to that of a graduate of such University; (hi) as nearly
as may be, one-twelfth shall be elected by electorates consisting of persons who have
been for at least three years engaged in teaching in such educational institutions within
the State not lower in standard than that of secondary school, as may be prescribed or
under any law made by Parliament; (iv) as nearly as may be, one-third shall be elected by
the members of the Legislative Assembly of the State from amongst persons who are not
members of the Assembly; and (v) the remainder shall be nominated by the Governor
from among persons having special knowledge or practical experience in respect of
matters such as literature, science, art, co-operative movement and social service. 2
The members to be elected under sub-clauses (i), (ii) and (iii) referred to above shall be
chosen in such territorial constituencies as may be prescribed by or under any law made
by Parliament, and the elections under the said sub-clauses and under sub-clause (iv)
shall be held in accordance with the system of proportional representation by means of a
single transferable vote. All nominations to be made by the Governor are made on the
advice of the Chief Minister of the State.
At present five States have bicameral system of legislature. Composition of each
Legislative Council is as follows :
TABLE 1 COMPOSITION OF STATE LEGISLATIVE COUNCILS
Total Elected bv Elected by Elected Elected Nominated
Qfnto Member- Legislative Local by by by
ship Assembly Bodies Graduates Teachers Governor
Bihar 75 24 27 6 6 12
J&K 36 21 7 2 6
Kamataka 63 21 21 6 6 9
Maharashtra 78 31 21 7 7 12
U.P. 100 37 37 8 8 10
Qualifications and Term
A person seeking election to the Legislative Council must possess the following
qualifications. He should be a citizen of India. He must have completed the age of 30
years, and possess such other qualifications as may be prescribed by the Parliament from
time to time.
No person can be a member of both the Houses of the State Legislature at the same time.
Persons holding office of profit under the Union or the State Government and persons
convicted by the Court of election malpractices or other crimes are also not eligible for
membership of the Legislative Council.
The Legislative Council is a permanent body, not subject to dissolution. One-third of its
members retire every two years, after completing the term of six years. The quorum of
the Council is one-tenth of the total strength or 10 members, whichever is greater.
Presiding Officer
The presiding officer of the Legislative Council is the Chairman, who is] elected by the
members from amongst themselves. In addition, they also electjTHE STATE LEGISLATURE
541
ited
a Deputy Chairman, who presides over the meetings of the Council in the absence of the
Chairman. They also can be removed from office by a resolution of the Council supported by a
majority of the existing members in the Council at the time of passing such a resolution.
Powers of the Legislative Council
As regards its powers, the Legislative Council plays a more advisory role. A Bill, other than a
Money Bill, may originate in either House of the Legislature. Over legislative matters, it has only
a suspensive veto for a maximum period of four months. Over financial matters, its powers are
not absolute. A Money Bill originates only in the Assembly and the Council may detain it only
for a period of fourteen days. As in the case of the Parliament at the Centre, there is no provision
for a joint sitting of both the Houses of the State Legislature to resolve a deadlock between them,
over legislative matters, if any. Thus, the Legislative Council is only a subordinate component of
the Legislature.
Critical Estimate : Council as White Elephant
The Legislative Council as composed now is far from being satisfactory. It is a hotch-potch of
representation. Some of the members are elected on the basis of functions, some are indirectly
elected by the Legislative Assembly and some are nominated by the Governor. 3 The election of
one-third of the membership by the Assembly gives too much weightage to the Assembly. At the
same time, very few functional groups have been provided representation in the Council, i.e.,
teachers, graduates, local authorities, etc. Moreover, the scope of such representation also have
been very narrow. This may be refashioned by abolishing the provisions for election by the
Assembly and broadbasing the functional representation. Representation may be extended to such
other functional categories as medicine, engineering, trade union, business, civil service, etc.
During the first 15 years of the working of the Andhra Pradesh Legislative Council (1958-1972),
the Legislative Council in Andhra Pradesh has met in about 20 sessions. It totals about 509 days
in all and the average works out to about 25 days per session. During the period under review, the
Council has considered and passed about 257 Bills. All of them were Government Bills. Out of
the total of 257 Bills, only 11 originated in the Council and the remaining had been transmitted to
the Council for its concurrence after they had been first passed in the Assembly. This constitutes
hardly four per cent of the total number of Bills during the period. An analysis of the Bills first
introduced in the Council shows that of the eleven Bills, none were Amendment Bills and only
two were original Bills. As regards the subject-matter, six of them were concerning education and
none of them was of a controversial nature. This shows that the Council has not been well-utilised
for the initiation of Bills.6 An examination of the last ten sessions of the Council shows that
during the period, 130 Bills had been referred to it and passed. But none of them had been
rejected by the Council. There had been about 154 amendments proposed to the 134 Bills under
review. This works out to about 11 amendments per Bill on the average. All of them had been
proposed by the opposition members and they had all been subsequently rejected by the Council
by voice vote.7
An analysis of the total time and days taken in the Council for the passage of 32 (25 per cent)
representative Bills picked up at random, right from their introduction stage to their final passage,
during the last 10 sessions reveals542
INDIAN GOVERNMENT AND POLITICS
considered and passed on the same day and only 8 were carried over to the next day.
Thus, the Legislative Council has not been playing any impressive role with regard to its
functions of revision.8 Unless the Legislative Council is activated and made more
purposeful and relevant in the process of legislation, the case for its retention would be
feeble.
In the light of the above, the continuation of the Upper House in only some four or five
States in India does not serve any useful purpose. There is no reason to believe that the
elected representatives of the States of Maharashtra, Karnataka, Uttar Pradesh and Bihar,
as also Jammu and Kashmir, are more irresponsible than the elected representatives in
other States, so that the legislation passed by them requires to be reviewed, or delayed by
the sober elements in the Upper Houses. If the majority of the States in India do not have
Upper Houses, there is no reason why only a few States should bear the burden of having
them.
The Upper Houses serve no purpose whatsover, and are a financial burden on the limited
resources of the poor people of the States concerned. The estimate for the year 1990 for
the Legislative Council in Maharashtra are as follows:
For the Sabhapati and Upa-Sabhapati and their office of the Vidhan Parishad—Rs.
4,37,000; for the leader of the opposition and his office—Es. 1,79,000; Expenses on
account of salaries, emoluments and pensions of 78 members of the Council—Rs.
62,68,000; Estimated expenses for the staff of the Upper House consisting 78 members
Rs. 1,78,43,000. This works out to a total expense about Rs. 2,47,37,000. This is an
avoidable and unnecessary burden on the limited exchequer of the people of Maharashtra.
If the Upper Houses in all the five states are abolished the unnecessary expenses incurred
for maintaining the white elephants could be diverted for urgent projects.9
There is another aspect to it. The Upper Houses have been abused by the political parties
in power and in opposition in the respective States. The candidates defeated in the
general elections have been either elected by the Assemblies or nomiated to the Council
by the Governor on the advice of the Council of Ministers. Such persons also hold
ministerial posts and even the offices of the Deputy Chief Minister. The experience is
that the Upper Houses in these States are used for providing berths to partymen, many of
whom are defeated in elections, or are otherwise discredited.
In this context, the citizens for Democracy in 1974 passed resolution from time to time
demanding abolition of the Upper Houses wherever they existed. The Legislative
Assemblies of Andhra Pradesh and Tamil Nadu, dominated by AIADMK and Telugu
Desam respectively, passed resolutions to that effect and Parliament made the necessary
law to abolish Upper Houses in these two States.
STATE LEGISLATIVE ASSEMBLY Composition
The Constitution of India provides that in each State there shall be a Legislative
Assembly. The Legislative Assembly consists of not more than 500 and not less than 60
members chosen by direct election from territorial constituencies in the State. For the
purpose of election each State shall be divided into territorial constituencies in such
manner that the ratio between the population of each constituency and the number of
seats allotted to it, as far as practicable, be the same throughout the State. At the end of
each decennialTHE STATE LEGISLATURE
543
census, the constituencies will be TABLE 2
recast to make the necessary adjust- MEMBERSHIP OF STATE
ments to meet the variation in LEGISLATIVE ASSEMBLIES
population.
Thus, the members of the Legislative Assembly are elected on the basis of universal adult franchise without
any consideration of caste, creed and religion. There is, however, a provision for safeguarding the interests
of scheduled castes and scheduled tribes and Anglo-Indian Community. Some constituencies are reserved
for Scheduled Castes and Scheduled Tribes and members belonging to these communities can be elected
from them. There is a provision in the Constitution that when the Governor of a State feels that the Anglo-
Indian community has not been given proper representation, he can nominate a fixed number of members
belonging to that community in the State Assembly. At present nomination of this community in the State
Assemblies is two each in Karnataka and West Bengal and one each in Andhra Pradesh, Kerala, Madhya
Pradesh, Maharashtra and U.P. The total strength of each Assembly at present is as follows :
Term
Every Legislative Assembly has a five years term from the date appointed for its first meeting,
unless dissolved earlier. The Assembly stands automatically dissolved after five years. The period
of five years, may, while a proclamation of emergency is in operation, be extended by Parliament
by law for a period not exceeding one year at a time, and not extending in any case beyond a
period of six months after the proclamation has ceased to operate.
Qualifications and Salaries
A person is not qualified to become a member of the Legislature unless he is a citizen of India
and makes and subscribes before same person authorised in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose. He must be
twenty-five years old and possess such other qualifications as may be prescribed in that behalf by
or under any law made by Parliament.
The members of the Legislative Assembly are entitled to receive such
Name of the State Total Members
Andhra Pradesh 294
Arunachal Pradesh 40
Assam 126
Bihar 243
Chhattisgarh 90
Goa 40
Gujarat 182
Haryana 90
Himachal Pradesh 68
Jammu & Kashmir 76
Jharkhand •V -;! ■-. 81

Karnataka 224
Kerala 140
Madhya Pradesh 230
Maharashtra 288
Manipur .. ' 60
Meghalaya 60
Mizoram 40
Nagaland 60
Orissa 147
Punjab 117
Rajasthan 200
Sikkim 32
Tamil Nadu 234
Tripura 60
Uttar Pradesh 403
Uttaranchal 70
West Bengal 294
Delhi 56
Pondicherry 30
544
INDIAN GOVERNMENT AND POLITICS
Quorum
Under the Constitution it is provided that the Assembly must sit at least twice a year and
also that the interval between two sessions of Assembly must not be more than 6 months.
It is also provided that quorum for the transaction of business in the Assembly must be
one-tenth of the total membership of the House, but not less than that in any case.
Functions and Powers of the Assembly
In a real sense, the legislature of a State means its Legislative Assembly. Legislative
Assembly has the following important functions and powers : (i) It can make laws on any
subject provided in the State List. It can also make a law on a subject of the Concurrent
List in case it does not conflict with a law already made by the Parliament.
(ii) It has control over the Council of Ministers. Its members may ask questions from the
ministers, introduce resolutions or motions, and may pass a vote of censure to dismiss the
government. The Ministry is collectively responsible to the Assembly. The defeat of the
Ministry in the Assembly amounts to the passing of a vote of no-confidence against it.
(iii) It controls the finances of the State. A money bill can originate in the Assembly and
it is taken as passed by the Legislative Council after a lapse of 14 days after reference
made to it by the Assembly. It may pass, reject the demands or reduce their amount
implying adoption or rejection of the budget and thereby victory or defeat of the
government. Thus, no tax can be imposed or withdrawn without the approval of the
Legislative Assembly.
(iv) It has constituent powers too. According to Article 368, a bill of constitutional
amendment first passed by the Parliament shall be referred to the States for ratification. It
is here that the Assembly has its role to play. It has to give its verdict by passing a
resolution by its simple majority showing approval or disapproval of the said bill. It is
also provided that the President shall refer to the Assembly of the concerned State a bill
desiring alteration in its boundary lines or its reorganisation in a way so as to increase or
decrease its territory for eliciting its views in this regard before he recommends that such
a bill be introduced in the Parliament.
(v) The Assembly also elects its own Speaker and Deputy Speaker and may remove them
by a vote of no-confidence. It takes part in the election of the President of India. It
considers reports submitted by various independent agencies like the State Public Service
Commission, Auditor-General, and others.
The Assembly is thus the popular and more powerful chamber of the State Legislature.
ASSEMBLY Vs. COUNCIL: COMPARISON
At the Centre, the Rajya Sabha has, except in the field of Money Bills, co-equal powers
with the Lok Sabha in all legislative matters. In case an irreconcilable conflict between
the two, the deadlock is resolved in a joint sitting of the two Houses. In the State
Legislature, on the contrary, the Council is designed to play a definitely inferior role. Its
functions are of an advisory nature only. B.R. Ambedkar pointed out in the Constituent
Assembly that the provisions adopted by the Constitutions to resolve conflict between the
two Houses of the State Legislature were based on the provisions of the British
Parliament Act of 1911 whereby a Bill can only be referred twice by the Assembly to the
Council. When a bill goes to the Council for the first time fromTHE STATE LEGISLATURE
545
the Assembly, the Council has four alternatives : (a) it may reject the bill; (b) it may amend it; (c)
it may take no action on it (but when three months have elapsed since its receipt by the Council
and the Council does not inform the Assembly as to what action it has taken on the Bill, it is
deemed to have been rejected by the Council); or (d) it may pass the Bill as sent by the Assembly.
In the first three cases the Assembly takes up the consideration of the Bill for a second time. It
may or may not accept the amendments made by the Council and pass the Bill. It now goes for
the second time to the Council which can adopt any of the above alternative courses of action
except that it can delay the Bill only for a month instead of the three months in the first instance.
The Assembly acts again according to the same procedure as before, if the Council does not again
agree with it. Thus, only twice will the Bills travel from the Assembly to the Council and the
latter has only the power of a suspensive veto, the first time for a period of three months and the
second time for a month. These provisions clearly establish the absolute superiority of the
Assembly over the Council.
ROLE OF THE SPEAKER : PARTISAN ATTITUDE
Every Legislative Assembly chooses two members of the Assembly to be the Speaker and the
Deputy Speaker respectively whenever these offices become vacant. They vacate their offices if
they cease to bethe members of the Assembly. The Speaker or the Deputy Speaker as the case
may be resigns his office by writing to the Deputy Speaker in the case of the Speaker and to the
Speaker in the case of the Deputy Speaker. They may be removed from office by a resolution of
the Assembly passed by a majority of all the then members of the Aseembly. No resolution for
the purpose of the removal of the Speaker or the Deputy Speaker is moved unless at least 14 days
notice is given of the intention to move such a resolution. While any resolution for the removal of
the Speaker from the office is under consideration, the Speaker though he is present, will not
preside over such a meeting.
The Presiding Officers are paid such salaries and allowances as are prescribed by the Legislature
of the State by Law. The main characteristics of this high office are dignity, independence and
impartiality. The legislature is the pivot of a democratic system of government and the Speaker is
the pivot of the parliamentary machinery. He is vested with powers to ensure orderly discussion
in the House, to enforce the rules of procedure, to control disorder and to take disciplinary action
against members indulging in unruly behaviour.
The presiding officer should stand above party strife and away from stormy state politics to be
able to command respect of all groups. Viewed in this perspective one can appreciate the step
taken by N. Sanjeeva Reddy, when he was Speaker of the Lok Sabha, who resigned from the
Party to which he belonged. But most of the Speakers at the States did not severe their party
connections. Some of them even joined the Ministries by resigning their office of Speaker and
Deputy Speaker. Persons who have ministerial ambitions cannot be expected to be completely
impartial and free from party politics. The Speaker has not always lived upto these principles and
in certain States they have acted in a patently partisan manner. The instances from West Bengal,
Tamil Nadu, Punjab, Kerala and Gujarat fully substantiate this point.
The West Bengal Case10
Dharamvira, the Governor of West Bengal dismissed the Ajoy Mukherjee
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547
consider the Punjab Appropriation Bills, demands for grants and other financial business. When
the Assembly met on 18th March, 1968, the Speaker gave a ruling that the summoning of the
House was "illegal, unconstitutional and void", and that the ordinance promulgated by him on 13
March was null and void. After this he left the House. But the House continued to sit with the
Deputy Speaker in the Chair and it transacted its financial business. Within a short period of five
minutes financial bills were approved and certified by him, sent to the Upper House and after
having been approved were assented to by the Governor. This action was challenged in the High
Court which ruled that financial business transacted by the House was unconstitutional. Upon an
appeal, the Supreme Court held that the Speaker had no authority to adjourn the House for a
period of two months, especially at a time when the budget was to be passed and time was
running short. All this was perhaps done because the Speaker did not wish that the Assembly
should be in a position to discuss a motion of no-confidence pending against him.
The Punjab Budget case made it very clear that the Speaker made unusual use of his discretionary
powers in adjourning the House for no other reason than to make it incapable of discussing a
motion of no-confkv«nce against him.13 The action of the Speaker was thus widely condemned.
The Tamil Nadu Case „'
The Speaker of the Tamil Nadu Legislative Assembly created history in 1971. It was a time when
a split came in the ruling DMK Party and AIADMK was founded by M.G. Ramachandran. The
ostensible sympathy of the Speaker K. Mathialagan was with the break-away group, with the
result that the DMK group moved a vote of no-confidence against him, for which a proper notice
was also given with a view to obstruct the working of the Assembly, the Speaker adjourned the
House sine die. The Governor, acting on the advice of the Chief Minister, summoned the House
again. Meanwhile, the break-away group moved a vote of no-confidence against the Government.
When the House met on 2nd December, it witnessed noisy scenes created by the supporters of the
no-confidence motion who insisted on Speakers being absent from the House in view of a motion
of no-confidence tabled against him for discussion and also by the supporters of the Speaker who
were equally insistent on first having discussion on a motion of no-confidence tabled by them
against the Karunanidhi Government. At this stage the Deputy Speaker moved towards the chair
and started transacting business of the House. Since the Government was in majority the result
was that the Speaker left the House and along with him the members of the opposition. As there
was no opposition, therefore, motion against the Speaker was carried out.
The matter was taken to the High Court of Madras. The removed Speaker filed a writ petition on
6th December, 1971 praying that the Deputy Speaker, the Chief Minister and the Secretary of the
Assembly be restrained from interfering with his right to function as the Speaker. The interim
injunction was granted by the High Court. It passed strictures against the Speaker for abruptly
adjourning the House that had forced the Governor to take necessary action. The Court held that
the action of the Speaker was unconstitutional in holding on the Chair when the motion of no-
confidence against him was under548
INDIAN GOVERNMENT AND POLITICS
The Kerala Case
K. Karunakaran, the wily leader of Congress (I), managed to put his majority together and formed
a government (in early 1982) after the fall of Nayanar ministry. The trial of strength between the
two sides was evenly matched. But the no-confidence motion against the government and the
Motion of Thanks on the Governor's address could only be decided when the newly elected
Speaker, A.C. Jose, used his casting vote as many as eight times altogether to break the 70-70 tie.
Critics have questioned the constitutional propriety of the Speaker's actions. At no time has the
casting vote been used to convert parity into a majority for a Government to sustain it. Can a
Speaker abandon his role as a referee and join the ranks of players, as A.C. Jose had done? 15 This
is a question which will be debated for long as to whether the Speaker's vote can be used to
establish the majority of the ruling party facing the Assembly for the first time. a
Conclusions
It is submitted that the legality or illegality of the Governor's choice for a person for Chief
Ministership cannot be decided by the speaker. It is the House only which can decide by majority
whether a person called by the Governor as Chief Minister commands the majority of the House
or not. The rulings of the speaker in West Bengal, Punjab and Tamil Nadu were motivated by
political considerations.
The Supreme Court has also disapproved the action of the speakers in these States. In Satpal
Dang Vs. State of Punjab, the Court declared the ruling of the speaker as illegal and null and void,
because it was beyond his powers. Likewise in A. K. Mathialgan Vs. the Governor, the Madras
High Court held that the adjournment by the speaker was not a proper and bonafide exercise of
the power of adjournment.
RESTRICTIONS ON THE POWERS OF THE STATE LEGISLATURES
There are many restrictions on the powers of the state legislature which make them subservient to
the will of the Parliament despite the fact that the Constitution allots them a certain residue of
authority that, just for some theoretical reasons, may be identified with their 'area of sovereignty'.
The restrictions on the powers of the State Legislatures are as follows : (i) State Legislatures can
neither legislate on an item of the Union List nor a residuary subject, (ii) Though it can enact laws
on a subject mentioned in the Concurrent List, the Constitution stipulates that in case of a conflict
of a State law with a law passed by the Parliament on a subject mentioned in the Concurrent List,
it is Central law which shall prevail and to the extent to which the state law is violative of Central
law it will be ultra vires or unconstitutional, (hi) Article 249 provides that the Rajya Sabha may
pass a special resolution by a two-thirds majority of members, present and voting, to transfer any
item from the State List to the Union or Concurrent Lists for the period of one year on the plea
that it is so expedient in that national interest, (iv) There are some categories that require that a
bill passed by the State Legislature shall be reserved by the Governor for the consideration of the
President, even though unanimously passed by the State Legislature. Bills dealing with
compulsory acquisition of private property, being derogatory to the powers of the High Court, or
seeking imposition of tax on a commodity 'essential' by an act of Parliament, or any other bill
likely to conflict with some Union law already in force fall within this category, (v) The State
Legislatures cannot override the veto of the President.THE STATE LEGISLATURE
549
(vi) There are some kinds of bills that cannot be introduced in the State Legislatures without the
prior permission of the President. Bills seeking to impose restrictions on trade, commerce or
intercourse with other States or within the State fall within this category, (vii) The President is
empowered to declare a state of emergency in the country without consulting the States. But once
such an emergency has been declared, the Parliament is empowered to legislate on the subjects
mentioned in the State List.
Thus, "the position of the State Legislatures, in practical terms, is like that of a local and vassal
parliament working under the over-lordship of the Parliament of India."
ASSESSMENT OF THE ROLE OF MEMBERS OF THE LEGISLATIVE ASSEMBLY
Members of the State Legislative Assembly command position of increasing importance, for it is
the Assembly rather than Parliament that is the legislative unit nearest to the people. Likewise,
Assembly elections are more critically examined within the States than Parliamentary elections.
The social character of the Assembly differs considerably from that of the Parliament in
reflecting generally lower levels of education and westernization. AMLAis highly astute
politically and it is through him that the masses make their most effective contact with the elite.
Reflecting an increasing parochialization as local bosses, adept in the arenas of traditional village
politics, they (MLAs) rise to positions of state power. Legislative assemblies, thus, became the
focal point of modern and traditional political styles. The successful MLA is likely to combine
the styles in his role as a political broker. What the voter's want in an ideal MLA might well
approximate to the villager's ideal described by F.G. Bailey in his study on Orissa:
"The MLA is not the representative of a party with a policy which commands itself to them, not
even a representative who will watch over their interests when policies are being framed, but
rather a man who will intervene in the implementation of policy and in the ordinary day-to-day
administration. He is there to divert the benefits in the direction of his constituents, to help
individuals to get what they want out of administration, and to give them hand when they get into
trouble with officials."18
With each election, the assemblies have become more nearly representative of the people, with
members drawn from increasing varied backgrounds. In Tamil Nadu, for example, the first
assembly (1952-57) was dominated by highly educated, westernized, English speaking elite,
middle class lawyers, landlords and a variety of hereditary notables.1 Later on, the legislative
assembly in Tamil Nadu, as in the rest of India has increasingly come under rural dominance.
Knowledge of English was no longer essential and it encouraged more traditional and less
educated leaders to enter the government. Increasingly the MLA's lacked an adequate education
for effective policy-making. They, therefore relied more heavily on the bureaucratic structure.
Most MLAs have strong ties with their constituencies and it is through them that localism has
come to dominate state politics. The 'legislative life' of the MLA is secondary to his role as a
political broker. "The average MLA comes into his own not on the floor of the Assembly but in
helping his constituents to get places in colleges, permits, licenses, and jobs. It is this kind of
work that occupies most of his time and this that pays the greatest electoral dividends."
T._ ii_ _ cii_i_ T „„:„!„)-;,,„ A^ ,^ v,K1ir>c m,n,7 nf Hio fiitiirp lpaHprs nftheTndian550
r T

INDIAN GOVERNMENT AND POLITICS

different politicians from the western educated elite which thus far has dominated the political
life of the country.21
CRITICISM OF THE STATE LEGISLATURE
Though the State Legislatures have an admirable record of achievements to thier credit but their
functional working has been quite defective. Some of the major drawbacks are enumerated as
follows: Firstly, in States where there are two Houses of the Legislature, the powers of the Upper
House are restricted. It has no powers in financial matters. In fact, in the legislative sphere it has
no effective voice. Secondly, the powers of the State Legislatures if considered from the point of
view of state autonomy are very restricted. During 1953 to 1957 out of the 2,557 Bills passed by
State Legislatures 1,114 were reserved for the consideration of the President. The Sarkaria
Commission found that during the period from 1977 to November, 1985, 1,130 State Bills were
reserved for the consideration of the President. Out of these, 1039 Bills were assented to by the
President. The assent was withheld only in 31 cases; 5 cases were returned for reconsideration
with President's message and 55 were still pending on November 22, 1986. Thirdly, in most of the
States there has been no effective opposition to the government which has been enabled the ruling
parties to work in a high-handed manner. Fourthly, the members of the majority party in the
Legislative Assemblies have shown scant regard for the sentiments and views of the opposition
parties while framing their policy. Fifthly, defections have been a major drawback in the working
of the State Legislatures. Sixthly, there have been a sizeable number of members who did not take
interest in legislative work. This attitude of indifference on the part of a large number of members
has frequently resulted in lack of quorum and consequently withholding up of the functioning of
the State Legislatures. Finally, in almost all the State Legislatures, there have been a sizeable
number of members who have indulged in obstructionist activities and indulged in indiscipline.
Due to increasing rampant indiscipline, the smooth working of the State Legislature becomes
extremely difficult. For example, in Karnataka Assembly on October 5, 1988, Congress (I) and
ruling party members grapped with one another and nearly came to blows when the House was
discussing the Telephone tapping episode. On March 17, 1989 two Janata Dal legislatures were
injured in the violence that rocked the Orissa Assembly. The Pandemonium, accompanied by
violence, that took place recently in the Tamil Nadu Assembly, following the fight between the
two factions of the AIADMK, which the TV. viewers had the misfortune to witness, cannot but
lead to contempt for as well as loss of faith
99

in democratic institutions.
Does the Government and the party in power take State Legislatures as seriously as they should?
Evidently members of State Legislatures do not feel that they must take legislative business
seriously for the handsome daily allowances and travel allowances they get from the taxpayer's
money. Nor do the ministers themselves set excellent examples of attendance. Now-a-days the
question hour and the zero hour draw the attendance of ministers who have to reply to questions.
On other occasions, the treasury benches are conspicuously less full. Even the questions are not
placed, with adequate preparation and many are frivolous, undeserving of legislature's time. A
recent study made by the Centre for Policy Research, New Delhi, shows that fewer men and
women of high academic distinction as well as of the legal profession are entering legislatures in
successive elections. Men and women of rural background, who call themselves framers or
cultivators, are steadily increasing their number inTHE STATE LEGISLATURE
551
the Legislative Assemblises. These people are the kind who cannot be expected to take a
sustained interest in the highly complicated and demanding business of legislation. The survey
reveals that over the years State Legislatures in India have tended to become mere forums of
declamatory politics than of serious engagement in the overview of the Government's policies,
activities and expenditure of public money. The number of MLAs who can be identified as expert
and effective parliamentarians is decreasing alarmingly; losses are scarcely filled by
newcomers.23
REFERENCES
1. Hiphei, "The Second Chamber in State Legislatures", in S.S. Bhalerao, ed., "The Second Chamber: Its Role in Modern
Legislatures (New Delhi, 1977), pp. 428-30.
2. G.N. Joshi, The Constitution of India (Bombay, 1975), pp. 173-74.
3. Constitution of India, Article 171.
4. The Uttar Pradesh Reorganisation Bill, 2000 & The Bihar Reorganisation Bill, 2000,
5. M.V. Pylee, India's Constitution (Bombay, 1967), p. 271.
6. N. Sabapathy, "State Legislative Council: A Study in Bicameralism," in G. Ram Reddy and B.A.V. Sharma, eds., State
Government and Politics: Andhra Pradesh (New Delhi, 1979), p. 42.
7. Ibid., p. 44.
8. Ibid, pp. 44-45.
9. M.A. Rane, "Upper Houses are unnecessary", Indian Express, 27th February, 1990, p. 8.
10. Iqbal Narain, Twilight or Dawn (Agra, 1972), p. 127.
11. Ashok Chanda, "Constitutional Tangle in West Bengal," The Indian Express, 9th February, 1968.
12. Iqbal Narain, n. 10, pp. 130-31.
13. R.S. Gae, "Supreme Court Judgment in the Punjab Appropriation Act Case", The. Journal of Constitutional and Parliamentary
Studies, October-December 1968, p. 74.
14. India Today (New Delhi), 28th February, 1982, p. 33.
15. Indian Express (Ahmedabad), 6th February, 1982.
!
16. Saeed Naqvi, "The Kerala Kaleidoscope", Indian Express, 9 February, 1982.
17. J.C. Johari, Indian Government and Politics (New Delhi, 1979), p. 413,
18. F.G. Bailey, Politics and Social Change: Orissa in 1959 (Berkeley, 1963), p. 25.
19. Duncan B. Forrester, "State Legislature in Madras," Journal of Commonwealth Political Studies (London), March 1969, p. 37.
20. Ibid., p. 39.
21. W.H. Morris Jones, "The Exploration of Indian Political Life", Pacific Affairs, December 1959, p. 419.
22. Madan Gaur, India; 40 years After Independence (1988), p. 98.
23. India Today, 28th February, 1982, pp. 44-47. Chapter 43
THE STATE HIGH COURTS
The judiciary is an integral part of every federal system which inspires confidence of the
federating units on the one hand and masses on the other. The Indian Constitution provides for an
integrated judicial system. At the apex is the Supreme Court of India whose decisions are
applicable all over the country. In each State is a IJagh Court,1 which exercises powers within the
territorial jurisdiction of the State concerned. At present there are eighteen High Courts in the
country, with four having jurisdiction over more than one State. Among the Union Territories,
Delhi, alone has a High Court of its own. The other Union Territories with the exception of
Daman and Diu, which has a Judicial Commissioner, fall under the jurisdiction of different State
High Courts. It may be noted that all these High Courts were not created after the promulgation
of the Constitution, and some of them date as back as 1861.
The position of the High Courts under a federal constitution like that of India is substantially
different from that of the State Courts under most other federations, notably that of the United
States of America.2 In the latter, the High Courts in the constituent states are constituted under the
state constitutions. As such, they do not in any way link themselves up with the federal judicial
system. The method of appointment and conditions of service of the judges of the State Courts as
well as their respective jurisdictions vary from state to state. On the contrary, in India there is
uniformity in all these matters and the Constitution lays down detailed provisions dealing with
them. Neither the state executive nor the state legislature has any power to control the High Court
or to alter the constitution or organisation of the High Court. Whatever is permissible, short of a
constitutional amendment, is vested in parliament.
Composition
A High Court consists of a Chief Justice and such other judges as the President may, from time to
time, determine.3 Since the number of the judges of the State High Courts has not been fixed by
the Constitution, it varies from court to court.
Appointments of the judges of the High Court shall be made by the President by warrant under
his hand and seal.4 The President consults the Chief Justice of India and the Governor of the State
and the Chief Justice of the High Court concerned in making the appointment. In case of the
appointment of the Chief Justice of the High Court, the President will consult the Chief Justice of
India and the Governor of the State concerned.
In view of a Presidential reference on July 23,1998, in which the President of India sought apex
court's views on whether the Chief Justice of India meant the individual or plural, in terms of his
consultative power regarding the appointment in the High Courts.THE STATE HIGH COURTS
553
In a landmark judgement a nine-judge bench of the Supreme Court makes the Chief Justice of
India one among other judges in appointing colleagues.
For appointment in the High Courts, the Bench has ordered that the collegium for appointment
should consist with Chief Justice of India and his two seniormost colleagues. They will elicit the
opinions of the Chief Justice of the High Court and those of the Supreme Court Judges "Who are
conversant with the affairs of the concerned High Court." The objective being to gain reliable
information about the proposed appointee.
Qualifications of Judges
A person shall not be qualified for appointment as a Judge of High Court unless he is a citizen of
India and has either held for at least ten years a judicial office in the territory of India or has for at
least ten years been an advocate of a High Court in any state. In computing the ten-year period for
the purpose of appointment, experience as an advocate can be combined with that of a judicial
officer.
Oath
Every judge before entering upon his office shall make and subscribe before the Governor or
some person appointed by him an oath or affirmation in-the prescribed form.
Salary and Allowances
Every Judge of the High Court in the state will receive Rs. 26,000 as his salary and the Chief
Justice Rs. 30,000 per month. In addition to this salary they also receive certain other allowances
and facilities in the shape of free residence, car, medical aid, etc. The salary, allowances and other
amenities enjoyed by the judges of High Courts cannot be modified to their disadvantage during
their tenure of office. However, the President is authorised to reduce their salaries during the
proclamation of financial emergency. As the salaries and other expenses of the judges and the
maintenance of State High Courts are charged to the Consolidated Fund of the State, they are not
subject to the vote of the state legislature. The latter can merely discuss them. The retired judges
are entitled to a pension, which is paid out of the Consolidated Fund of India. Rights of a judge in
respect of leave or absence and pension shall be determined by law of Parliament. But in no case
they shall be varied to his disadvantage after his appointment. (Article 22)
Tenure
A judge shall hold office till he attains the age of sixty-two years. However, he may resign his
office by writing to the President. He can be removed from his office by the President, in the
manner provided for the removal of a judge of the Supreme Court. A judge can be removed from
his office before the expiry of his term on grounds of proved misbehaviour or incapacity.
However, such an action can be taken by the President only if both the Houses of Parliament pass
a resolution by a two-thirds majority of the members present in each House, which should also be
the majority of the total membership of the House, accusing the judge with proved misbehaviour
or incapacity. A person who has held office as a permanent judge of the High Court shall not
plead or act in any court or before any authority in India except the Supreme Court and other
HighTransfer of a Judge
The President may, after consultation with the Chief Justice of Indi; transfer a judge from one
High Court to any other High Court.6 When a judg has been or is to be transferred he shall during
the period he serves, after th commencement of the Constitution (Fifteenth Amendment) Act,
1963, as ajudgi of the other High Court, be entitled to receive in addition to his salan
compensatory allowance as may be determined by Parliament by law and, unti so determined
some compensatory allowance as the President may by order fix
APPOINTMENT OF ADDITIONAL AND ACTING JUDGES
The President may appoint a Judge of a High Court to be a Judge of the Supreme Court. The
appointment of an acting Chief Justice of a High Court shall be made by the President from
amongst the other judges of the High Court. If by reason of any temporary increase in the
business of a High Court or by reason of arrears of work therein it appears to the President that
the number of judges of that Court should be for the time being increased, the President may
appoint duly qualified persons to be additional judges of the Court for such period not exceeding
two years as he may specify. An additional or acting judge of a High Court cannot hold office
after attaining the age of 62 years.
JURISDICTION OF HIGH COURTS
The Constitution does not attempt detailed definitions and classification of the different type of
jurisdiction of the High Courts as it has done in the case of the Supreme Court. This is mainly
because most of the High Courts at the time of the framing of the Constitution, had been
functioning with well defined jurisdictions whereas the Supreme Court was a newly created
institution necessitating a clear definition of its powers and functions. Moreover, the High Courts
were expected to maintain the same position that they originally had as the highest Courts in the
States even after the inauguration of the Constitution. Thus, the Constitution of India has not
made any special provision relating to the general jurisdiction of the High Court. Their
jurisdiction is the same as it existed at the commencement of the Constitution. Their civil and
criminal jurisdictions are primarily governed by the two codes of civil and criminal procedure. At
present the High Court of a state enjoys the following powers : 1. Original : The High Courts at
the three Presidency towns of Calcutta, Bombay and Madras had an original jurisdiction, both
Civil and Criminal, over cases arising within the respective Presidency towns. The original
criminal jurisdiction of the High Courts has been completely taken away by the Criminal
Procedure Code, 1973. The original civil jurisdiction has been retained by the Courts in respect of
actions of higher value.
2. Appellate : The appellate jurisdiction of the High Court is both civil and criminal. On the civil
side, an appeal to the High Court is either a First Appeal or a Second Appeal. Appeals from the
decisions of the District Judges and from those of Subordinate Judges in case of a higher value,
lie direct to the High Court. On questions of fact as well as law when any court subordinate to the
High Court decides an appeal from the decision of an inferior court, a second appeal lies to the
High Court from the decisions of the lower appellate court but only on question of law and
procedure.
The criminal appellate jurisdiction of the High Court extends to appeals from the decisions of a
Sessions Judge or an Additional Sessions Judge, where the sentence of imprisonment exceeds
seven years and from the decisions of anTHE STATE HIGH COURTS
555
Assistant Sessions Judge. Metropolitan Magistrate or other Judicial Magistrates in
certain specified cases other than 'petty' cases.
3. Power of Superintendence : According to Article 277, every High Court has the power of
superintendence over all courts and tribunals, except those dealing with the armed forces
functioning with its territorial jurisdiction. In the exercise of this power the High Court is
authorised, (i) to call for returns from such courts, (ii) to make and issue general rules and
prescribe forms for regulating the practice and proceedings of such courts, and (iii) to prescribe
forms in which book entries and accounts shall be kept by the officers of any such courts.
Interpreting the scope of this power, the Supreme Court said that all types of tribunals including
the election tribunals operating within a state are subject to the superintendence of the High
Courts and further, that the "superintendence is both judicial and administrative."
4. Control over Subordinate Courts : As the head of the judiciary in the state, the High Court has
got an administrative control over the subordinate judiciary in the state in respect of certain
matters, besides its appellate and supervisory jurisdiction over them. Article 228 empowers the
High Courts to transfer constitutional cases from lower courts. Thus, if the Court is satisfied that
a case pending in one of its subordinate courts involves a substantial question of law as to the
interpretation of the Constitution, the determination of which is necessary for the disposal of the
case, it shall then withdraw the case and may either dispose of the case itself or determine the
constitutional question and then send the case back to the court wherefrom it was withdrawn.
5. The Writ Jurisdiction of High Court: Every High Court shall have power throughout the
territories in relation to which it exercises jurisdiction to issue to any person or authority
including the Government within those territories, orders or writs including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari or any of them for
enforcement of the fundamental rights guaranteed by the Constitution, and for any other purposes
(Article 226). The power may also be exercised by any High Court exercising jurisdiction in
relation to the territories within which the cause of action, wholly or in part, arises for the
exercise of such power, notwithstanding that the seat of such government or authority or the
residence of such person is not within those territories. Thus, according to Article 32(2) of the
Constitution both the Supreme Court and the High Courts have concurrent powers to issue such
orders.
The High Courts are also empowered to issue directions, orders or writs including writs in the
nature of the prerogative writs for any other purpose for which they could be applied for under
the law. This is an important provision. As stated earlier, before the commencement of the
Constitution only the High Courts of Mumbai, Kolkata and Chennai had power to issue writs of
prohibition, Certiorari and quo warranto and an order in the nature of mandamus, and that only
within the limits of their original jurisdiction. But the High Courts are now empowered to issue
directions, orders or writs in the nature of these writs both for the enforcement of fundamental
rights as well as for other purposes throughout the territories in relation to which they exercise
jurisdiction, that is to say, throughout the entire state. In this connection, the Supreme Court
asserted :
The Constitution enshrines and guarantees the rule of law and * ™L-~1- t)0Ric ripsipned to ensure
that each and every authority in the556
INDIAN GOVERNMENT AND POLITICS
of its power and we consider that when a court is satisfied that there is an abuse or misuse of
power and its jurisdiction is invoked, it is incumbent on the Court to offer justice to the
individual.
In view of the state entry into the economic and industrial field, ever increasing controls in
various sectors, the establishment of an increasing number of administrative tribunals, and due to
a phenomenal increase in litigation between the state and the citizen, this jurisdiction has been
very useful to secure prompt relief and justice to the citizen. In fact, the process of judicial review
has exercised a tremendous educative and awakening influence on the minds of the people. The
exercise of this jurisdiction for 'other purposes' has proved to be very useful and effective in
maintaining and strengthening rule of law and has in fact proved an effective safeguard against
the abuse of power by the executive, statutory authorities, administrative tribunals and officers, a
safeguard which is absolutely necessary when the functions of a welfare state are increasing every
day involving grant of additional powers to the executive and creating a number of administrative
tribunals and when the impact of Government and laws on the lives of the citizens is all pervasive
and ever increasing. In fact, a good deal of litigation in High Courts is under this Article and it
has been successfully invoked under various situations and contexts.'
6. Power of Appointment: According to Article 229, the Chief Justice of the High Court is
empowered to appoint officers and servants of the Court. The Governor may in this respect
require the Court to consult the Public Service Commission of the State. He also consults the
High Court in the appointment, posting, and promotion of district judges and along with the State
Public Service Commission in appointing person to the judicial service of the State. The Chief
Justice is also authorised to regulate the conditions of service of the staff subject to any law made
by the state legislature in this respect. The power of the Chief Justice to appoint any member of
the staff of the High Court also includes his power to dismiss any such member from the service
of the court. The powers of posting and promotions and grant of leave to persons belonging to the
judicial service is also vested in the High Court. The Constitution also provides for j charging all
the administrative expenses of the High Court on the Consolidated Funds of the State. 8
Parliament has passed the Administrative Tribunals Act, 1985, implementing Article 323A, under
which the Centre has set up Central Administrative Tribunals with respect to service under
Union. As a result, all Courts of law including the High Court shall cease to have any jurisdiction
to entertain any litigation relating to the recruitment and other service matters relating to persons
appointed to the public services of the Union, whether in its original or appellate jurisdiction. The
Supreme Court has, however, been spared its special leave jurisdiction of appeals from these
Tribunals, under Article 136 of the Constitution.
POSITION OF HIGH COURTS
High Courts of India have been given full freedom and independence in imparting justice to the
people and ensure that executive and legislature shall in no way interfere in the day-to-day life of
the people. As a Court of record the High Court has the power to punish those who are adjudged
as guilty of contempt of court. All its decisions are binding and cannot be questioned in any
Lower Court. As the Judiciary has a vital role in the working of the Constitution and in the
maintenance of the balance between authority and liberty and as a THE STATE HIGH COURTS
557
safeguard against the abuse of power by the executive, its independence is secured by
permanence of tenure and the conditions of service of the judges. It will be noted that the salaries
of the Judges and of the staff of the High Court are charged on the Consolidated Fund of the
State.
The working of the State High Courts for more than five decades has brought to the fore certain
inherent defects which deserve our attention :
Firstly, the process of justice is very costly and an average man cannot afford to bear the
expenses of court fees, lawyer's fee and other miscellaneous expenses. The administration of
justice is also quite dilatory. A person taking the case to the Court has to wait for many years
before he can expect a verdict. Secondly, the rules of procedure followed in the Court are so
complicated and complex that only a lawyer or a highly experienced litigant can understand them.
Thirdly, though the Constitution has provided for the appointment of the judges of the High Court
on merit basis in fact the appointments are not always made on merit. M.C. Setalvad, Chairman
of the Law Commission observed in 1954 that "appointments in the past had not been satisfactory
because of executive interference with the recommendation made by the Chief Justice of the
State." "If the state ministry continues to have a powerful voice in the matter, in my opinion, in
ten years' time or so, when the last of the judges appointed under the old system will have
disappeared, the independence of the judiciary will disappear and High Courts will be filled with
judges who owe their appointments to politicians." Fourthly, the Constitution prohibits judges of
the High Court to hold office under the Government after their retirement and there have been a
number of instances where the High Court judges have been appointed as Governors,
ambassadors, ministers and vice-chancellors. Fifthly, the salaries offered to the High Court
Judges are not lucrative enough to attract those lawyers who are having good practice. There are
innumerable instances where the invitations to become judges of the High Courts have been
declined by many prominent lawyers. Sixthly, the work of almost all the High Courts has been
running in arrears. On December 31, 2000 the number of cases pending in the various High
Courts was 3.4 million. What is worse there seems to be no possibility of the arrears getting
reduced.
On May 24, 1949, Pandit Jawaharlal Nehru stated in the Constituent Assembly that our judges
should be 'first rate' men of'the highest integrity' who could 'stand up against the executive
government and who ever may come in their way' But his standards are no longer in vogue.
Judges who stand up against the executive are sought to be transferred to other states with the
ostensible purpose of furthering 'national integration'. Thus : "In reality, the policy of transfer of
Judges is calculated to accomplish disintegration of Judicial independence rather than national
integration."9 Dealing with the case of Sankal Chand Sheth who was transferred during the
Emergency. J. Chandrachud remarks : "There are numerous other ways of achieving national
integration more effectively than by transferring High Court judges from one
High Court to another.....Considering the great inconvenience, hardship and
possibly a slur which a transfer from one High Court to another involves, the better view would
be to leave the Judges untouched and take other measures to achieve that purpose." 10
On 18th March, 1981, the Law Minister issued a circular addressed to the Chief Minister of
different states in which he requested them to obtain from all the additional judges of the High
Court in the State their consent to be n^^ntoH as nermanent judges in any other High Court in the
country and the558
INDIAN GOVERNMENT AND POLITICS
consent of those persons who have been, or in the future are to be, proposed for appointment as
judges. The letter also carried a request to obtain from the Additional Judges and the proposed
appointees names of three High Courts in the order of preference to which they would like to be
appointed as judges or permanent judges as the case may be. It was added that the written consent
and preferences of the Additional Judges and the proposed appointees should be sent to the Law
Minister within a fortnight of the receipt of the letter. In 'Judges Transfer Case' the validity of the
circular letter of the Union Law Ministers was challenged. A Seven-Judge Bench of the Court by
4-3 majority j hold that the circular letter was valid and it did not affect the independence of ]
Judiciary. According to Arun Shourie : "In the transfer of Judges case on general principles, the
Supreme Court has waxed eloquent but on specific it has given the Government enough to
pummell the Judiciary into obedience."11
During the Emergency the transfer of 16 Judges took place. The record showed that none of them
was transferred for the ostensible purpose that is of 'national integration' and there was already
prepared list of 40 other judges who were to be transferred later. In January 1976, the refusal to
extend the term of U.R. Lalit, the Additional Judge of Bombay High Court, had granted bail to
some students during the Emergency; and in February 1976 the refusal to continue R.N.
Aggarwal, the Additional Judge of the Delhi High Court, who had ordered Kuldip Nayar to be
released from Preventive Detention. O.N. Vohra, an Additional Judge in the Delhi High Court,
was being reverted back to the local courts because he had indicted Sanjay Gandhi and his
associates in the Kissa Kursi Ka case. S.N. Kumar, another Additional Judge in Delhi, was being
thrown out as his wife, once a Municipal Councillor from the Congress Party, was said to have
developed links with the opposition. In 1980 five High Courts had only acting Chief Justices,
who remained unconfirmed. The shocking new practice of appointment of Additional Judges for
only a few months at a time leaving Additional Judges guessing till the last moment whether their
term would be extended or not, with the result that some of them had to be re-sworn just a few
hours or minutes before their term was due to expire.
Commenting on the Judgment in the Judges case, Arun Shourie comments : "The one, who is the
largest litigant in the country, indeed the principle violater of laws today—the executive has been
given a near absolute right to
determine who will hear us there.....this new judgment affect the Judiciary
itself"12 ;
Previously, in almost all instances a person was first appointed as an Additional Judge for two
years. When a vacancy occurred in the High Court for the post of a permanent Judge, the senior-
most Additional Judge was almost invariably elevated to fill that post. If no vacancy were
available when the two year term of an Additional Judge came to an end, he was almost
invariably reappointed as an Additional Judge and just as invariably every Additional Judge
became a permanent Judge. No Additional Judges ever needed to fear that he may lost his job
after two years because the Government did not, for instance, like his judgments. But now when
his (Additional Judge) term comes to an end his suitability is to be assessed all over again and
there are to be restrictions on the criteria the Central Government may use to decide whether j or
not the man should be reappointed an Additional Judge, be made a permanent Judge, or
dropped.THE STATE HIGH COURTS
559
In short, in case High Courts were to function impartially, it was essential that service conditions
of Additional Judges in these Courts should be radically improved.
In the historic judgment in S.C. Advocate-on-record us. Union of India, delivered on October 7,
1993 the Supreme Court has overruled 'The Judges Transfer case' and hold that in case of transfer
of Judges of High Courts the opinion of the Chief Justice of India has not the primacy, but is
determinative in the matter. It was also held that the consent of the transferred Judge/Chief
Justice of a High Court is not required for either the fresh or any subsequent transfer from one
High Court to another. Any transfer made on the recommendation of the Chief Justice of India is
not deemed to be punitive, and such transfer is not justiciable on any ground.
In a landmark judgment in November 1998 in view of a Presidential reference, the apex court has
allowed for the judicial review of transfer of High Court judges when it lacks adequate
consultation between the Chief Justice of India and the Chief Justice of the High Court where the
candidate was posted, on the one hand and the Chief Justice of the High Court of his new posting
on the other. The inter high court transfers have offen been arbitrary and generated acrimony.
14
Recommendations of the Sarkaria Commission
There are two major problems in the area of appointment and transfer of Judges of High Courts.
First, there have been endemic delays in filling up vacancies of Judges in the High Courts and
this is one of the major factors contributing to the accumulation of arrears of case in these courts.
The second is that transfer of Judges against their consent from one High Court to another has a
demoralising effect on the higher Judiciary, and compromises their capacity to administer justice
without fear or favour.
While delays in the appointment of Judges continue, the arrears in the High Courts are piling up
at an alarming rate. By the end of the year 2000, the number of cases pending in the 18 High
Courts of the country are 35,06,163. As on January 15, 2002, 172 posts of judges (including 48
new posts) were vacant in various High Courts against the approved strength of 647 posts
(including 48 new posts) of Permanent/Additional judges in the High Courts.15
The Union Government is of the view that the main reason of the delay in filling up the posts of
judges in High Court is the unusually long time taken by the Chief Ministers to send their
recommendations (in consultation with the concerned Governors) to the Government of India on
proposals received by them from the Chief Justice of the High Courts. One State Government
has, however, pointed out that the names sent by them, unanimously approved by the Chief
Justice, the Governor and the Chief Minister, were not approved for over two years. The Report
of the Estimates Committee clearly shows that inordinate delays, sometimes extending to four
years in filling vacancies of Judges have taken place. This is a matter of serious concern.
Therefore, Sarkaria Commission recommends for insertion in Article 217, a clause on these
lines :
"The President may after consultation with the Chief Justice of
India, make rules for giving effect to the provisions of clause (i) of the
Article, and in order to ensure that vacancies in the posts of Judges
in the High Courts are promptly filled in, these rules may prescribe
—-■Ll--'- "■v'-!'-v> +>>o various functionaries having con-560
INDIAN GOVERNMENT AND POLITICS
sultative role in the appointment of Judges under this Article, shall complete their part of the
Process."16
About the issue relating to the transfer of Judges from one High Court to another, the Union
Government is of the view that recommendations of the Law Commission of having a convention
according to which one-third Judges in each High Court should be from outside has been
accepted and this decision is to be implemented gradually either by making initial appointments
from outside the state or by effecting transfers.
The Supreme Court has held that Article 222 cannot be construed to mean that for transfer of a
Judge to another High Court, it is necessary to obtain his consent as a matter of constitutional
obligation. Even so, the Court significantly suggested. :
"By healthy convention normally the consent of the Judge concerned should be taken, not so
much as a constitutional necessity, but as a matter of courtesy....."
The Commission on Centre-State relations recommends : (i) The healthy convention that as a
principle High Court Judges are not transferred excepting with their consent should continue to
be observed; (ii) the advice given by the Chief Justice of India regarding a proposal to transfer a
Judge, after taking into account the latters reaction and the difficulties, if any, should, as a rule of
prudence, be invariably accepted by the President and seldom departed from. 17
REFERENCES
1. Constitution of India, Article 214.
2. M.V. Pylee, India's Constitution (Bombay, 1957), p. 280.
3. Atricle 216.
4. Article 217. . '
5. India Today (New Delhi), November 9, 1998, p. 31.
6. Article 222.
7. G.N. Joshi, The Constitution of India (New Delhi, 1975), p. 198.
8. M.C. Setalvad, My Life, Law and Other Things, p. 258.
9. Nam A. Palkhivala, "Transferring Those Who Err,' Indian Express (Ahmedabad), February 4, 1982, p. 4.
10. Ibid.
11. Arun Shourie, 'The Judges Case—F, Indian Express, January 24, 1982, p. 1.
12. Ibid., p. 5.
13. On a total strength of 323 permanent and additional judges serving in the 18 High Courts in the country only 4 belonged to the
scheduled castes and none to the scheduled tribes. On March 1, 1982 there were 85 vacancies of Judges in the 18 High Courts, 12 of
them in Patna High Court and 11 in the Allahabad High Court. The Calcutta High Court had 9 vacancies followed by 8 in the Madhya
Pradesh High Court and 6 each in Delhi, Madras and Rajasthan High Courts. While the Sikkim High Court did not have any vacancy,
the High Courts of Himachal Pradesh, Karnataka and Orissa had one each, Indian Express (Ahmedabad), March 17, 1982, p. 4.
14. India Today, (New Delhi), November 9, 1998, p. 32.
15. Annual Report. 2001-02, Government of India, Ministry of Law, Justice and Company AiFair9, j p. 40.
16. The Commission on Centre-State Relations Report, Part-I (Govt. of India, 1988), p. 536.
17. Ibid.,-p. 537.Chapter 44
PANCHAYATI RAJ SYSTEM IN INDIA
It is now widely accepted that self-governing institutions at the local level are essential for
national growth and for effective people's participation and that they are an integral and
indispensable part of the democratic process. "Grass roots of democracy", based on small units of
government, enables people to feel a sense of responsibility and to inculcate the values of
democracy. At the same time, it also offers a unique opportunity to participate in public affairs,
including development work. In a vast, diverse and complex, subcontinent, decentralization is
also a political and administrative imperative.
Self governing rural local bodies are described in the Indian context as institutions of democratic
decentralization or Panchayati Raj. This was considered a political and administrative innovation
of far-reaching importance when it was first introduced in 1959. It was depicted as a mechanism
of popular participation. The Panchayati Raj bodies were expected to awake political
consciousness on the countryside and to engender a democratic process in rural India. Initially,
people evinced keen interest in the Panchayati Raj system and their representatives participated
actively in local affairs, including developmental activities.2 With the passage of time, the initial
enthusiasm and public participation had gradually diminished.
The story of Panchayati Raj has been a story of ups and downs. It seems to have passed through
four distinct phases in its short span of life : The phase of ascendency (1959-1964), the phase of
stagnation (1965-1969), the phase of decline (1969-1983) and the phase of revival (1983-
onwards). Some may even trace the beginnings of revival to the launching of the experiment of
Panchayati Raj by the West Bengal Government even earlier. Still it cannot be denied that the
Karnataka Zilla Parishads, Taluka Panchayat Samitis, Mandal Panchayats and Nayaya Panchayats
Act, 1983 did begin the movement for the' revival of Panchayati Raj in the country. Rajiv
Gandhi's Government at the Centre also constituted L.M. Singhvi Committee to write a concept
paper on Panchayati Raj in 1985.3
One is sceptical about the revival of Panchayati Raj, all the more because there is a sharp
polarization of opinion about its functioning. There are, broadly speaking, two schools of thought
on the subject. One believes that Panchayati Raj is a God that has failed. The other suggests that
Panchayati Raj has, in fact, not been tried and as such the question of a final verdict on its success
and failure does not arise. The Asoka Mehta Committee has offered a balanced appraisal of
Panchayati Raj in the context of these two schools of thought : "Panchayati Raj should not be
viewed as a God that has failed.
It has many achievements to its credit, the more important of which 562
INDIAN GOVERNMENT AND POLITICS
may be identified here. Politically speaking, it became a process of democratic seed-drilling in
the Indian soil, making an average citizen more conscious of his rights than before.
Administratively speaking, it bridged the gulf between the bureaucratic elite and the people.
Socio-culturally speaking, it generated a new leadership which was not merely relatively young
in age but also modernistic and pro-social change in outlook. Finally, looked at from the
developmental angle, it helped a rural people cultivate a developmental psyche." 4
The passage of the Constitution (73rd Amendment) Act, 1992, marks a new era in the federal
democratic set up of the country and provides constitutional status to the Panchayat Raj
Institutions (PRIs). Consequent upon the enactment of the Act, almost all the StatesAJTs, except
J & K, NCT Delhi and Uttaranchal have enacted their legislation. Moreover all States/UTs except
Arunanchal Pradesh, NCT Delhi and Pondicherry have held election.
As a result of the enactment of 73rd Constitutional Amendment, about 2,32,278 Panchayats at
village level; 5,906 Panchayats at intermediate level and 499 Panchayats at the district level have
been constituted in the country. These Panchayats are being manned by about 29.2 lakh elected
representatives of Panchayats at all levels. Thus, this is the broadest-representative base that
exists in any country of the world—developed or under-developed.
Democratic Decentralization or Panchayati Raj : Origin
As Gandhi often pointed out, India lives in its villages and unless village life can be revitalized
the nation as a whole can hardly come alive. When India became independent in 1947 perhaps
one-third of the villages of India had traditional Panchayats and many of those were in far from
flourishing condition. The Congress Government has .made a determined effort to promote the
creation of Panchayats to make them effective units of local government. Article 40 of the
Constitution of 1950 declared : "The state shall take steps to organise village panchayats and to
endow them with such powers and authority as may be necessary to enable them to function as
units of self-government." The aim was to foster democratic participation, to involve villagers in
the development effort and to ease the administrative burden on the States.
In 1952, during the First Five Year Plan, the Programme of Community Development was started
to create among the rural people of India an active interest in national schemes of economic
planning and social reconstruction. But this government sponsored programme of community
development could not bring the rural people within the orbit of planning and they could not
become active and willing participants in plan implementation at the village level. To seek the co-
operation of the village population, Block Advisory Committees were established. The Block
Advisory Committees were later redesignated as the Block Development Committee. But this
system could not activise the people very much. It was felt that unless the people were actively
associated with the formulation and implementation of the community development programme,
it could not be a success and its main objectives could not be fulfilled. Even Jawahar Lai Nehru
who was enthusiastic about the programme in the initial years of Community Development
observed that the programme has lost its clan, had faded away and become a pale shadow of its
framers self.
Then started a search for the missing spark. How could the enthusiasm of the people be aroused
and popular participation sustained? The answer was provided by the Balwant Rai Mehta study
team.

I PANCHAYATI RAJ SYSTEM IN INDIA

563
In January 1957, a study team on Community Development and National Extension Service,
headed by Shri Balwant Rai Mehta, was appointed to review the working of the Community
Development Programme. The team was asked to study among other things "the organisational
structure and methods of work with a view to securing a greater speed in the dispatch of
business."This team, which submitted its report in late 1957 suggested the establishment of
'Panchayati Raj' or 'Democratic Decentralization'. It felt that popular enthusiasm could be
sustained only when the development machinery works under the elected representatives of the
people; they, therefore, recommended devolution of development and decentralization of the
machinery of administration with adequate delegation of powers to the Panchayati Raj
Institutions. It recommended the setting up of elected and organically linked democratic bodies at
the village, block and the district levels, and the entrusting of all planning and developmental
activities to these bodies.
The major recommendations of Balwant Rai Mehta Committee on democratic decentralization
were :
1. There should be a three-tier structure of local self-government from the village to the district
with the village at the bottom and the district at the top with its intermediary link of institutions'
all organically related to one-another;
2. There should be genuine transfer of power and responsibility to these institutions of local
government;
3. Adequate resources should be transferred to these bodies to enable them to discharge those
responsibilities;
4. All programmes of social and economic development formulated through the network of
planning should be channelled through those institutions;
5. The whole system of Panchayati Raj should facilitate further devolution and dispersal of
power, responsibilities and resources in the future.
These recommendations were accepted by the National Development Council in 1958 and
various States in India started the implementation of the scheme of Panchayati Raj.
The concept behind Panchayati Raj is that the people in the village should undertake the
responsibility of governing themselves. People in the villages should actively participate in the
development activities regarding agriculture, public health, education, irrigation, animal
husbandry, etc. Not only the rural people should participate in the implementation of programmes
they should have the authority to take decisions regarding their requirements and necessities.
Panchayati Raj confers on the rural people the power of decision making regarding development
activities. People through their chosen representatives determine the local policies and execute
their own programmes in conformity with the real requirements of the community. This is
democracy at the grassroots. The people at the lowest level are associated with the governance of
the country.
In 1959, after taking stock of the situation arising out of the variation in different states, it was
recommended that while the broad patterns and the fundamentals of the PR institutions might be
uniform, there should not be any ..-.-1 j:i.. ;„ A,, A^^C nf +v,o nrftom in view of the vastness of the
country and564
INDIAN GOVERNMENT AND POLITICS______
of power to the people. If this is ensured, the form and pattern could vary according to the
conditions prevailing in different States. Various Patterns of Panchayati Raj Institutions
The structure of Panchayati Raj Institutions in India varied from State to State and were
generated by state legislators which were varied. Some States had a 3-tier structure of
Panchayats at the Village, Block and District level and some had a 2-tier structure at the
Village and Block or District level. A few States had only a single-tier Panchavat at the
Village level.
India's experiment with democratic decentralization started in Rajasthan
with the formal inauguration of Panchayati Raj by Jawahar Lai Nehru on
October 2,1959 at Nagaur. The Rajasthan model of PR revolved round the three
statutory institutions, viz., Village Panchayats, Panchayat Samitis and Zilla
Parishads, the last two coming into existence under the Rajasthan Zilla
Parishad and Panchayat Samitis Act, 1959, while village Panchayats had been
functioning under the Rajasthan Panchayat Act, 1953. This three-tier structure
has continued to operate over a period of nearly three decades. The king pin of
the Rajasthan model of PR was, of course, the block level Panchayat Samiti
which had been endowed with a number of institutional, administrative and
financial resources to administer a variety of developmental projects and
programmes under the guidance and supervision of elective non-officials headed
by the Chairman of the Panchayat Samiti, called the Pradhan. In contrast to
the 'executive'role of the Panchayat Samiti, in Rajasthan Zilla Parishads were
designated, primarily as 'advisory' bodies exercising a modicum of supervisory
and co-ordinating role over Panchayat Samitis and acting as a link mechanism
between them and the State government.
PR in Maharashtra and Gujarat was also an integrated structure of three-tiers organically
linked with one another. In these States, on the other hand, the Zilla Parishads had been
designated as the functional spearhead of decentralized development administration
and the middle tiers were enjoying merely the status of a committee of the Zilla
Parishads. In Maharashtra and Gujarat, the Zilla Parishad was the basic unit of planning,
development and administration in the field of PR. In Maharashtra, the Zilla Parishad
executed not only the schemes under community development programme but also a
large portion of programme of various government departments. This was a noteworthy
feature of PR in Maharashtra.
The PR Reform Act of 1985 had introduced a unique model in Karnataka, model
different from the models given by Balwant Rai Mehta Committee and Asoka Mehta
Committee. The Act provided a 3-tier PR system, the Zilla Parishad at the district level,
the Taluk Panchayat Samiti at the taluk/block level and the Mandal Panchayat at the
Mandal level. In Karnataka, all functions and functionaries of the development
departments at the district and lower levels were transferred to Panchayati Raj
institutions. All governmental registered societies and corporations dealing with the
implementation of specific centrally sponsored schemes in the antipoverty field, District
Rural Development Agency (DRDA), for example, were merged with the Zilla
Parishad. The concept of Mandal Panchayat had been taken from Asoka Mehta
Committee Report, but adopted to local conditions. Karnataka was the first and so far the
only state to give a concrete shape to the concept.
There could be no genuineness about decentralization unless there was assured
devolution of funds to the Zilla Parishads and Mandal Panchayats. The state budget of
Karnataka was split into two providing a separate budget forPANCHAYATI RAJ SYSTEM IN INDIA
565
PR bodies. The state legislature's action in this regard enabled the statutory and automatic transfer
of over Rs. 900 crore annually, both on plan and non-plan accounts, to the Zilla Parishads and
Mandal Panchayats.0 The extent of autonomy statutorily conferred on the PRIs was noteworthy in
Karnataka. No government official could suspend a resolution of Zilla Parishad on Mandal
Panchayat. There was no provision enabling the Divisional Commissioner or for that matter, any
other government official to exercise control over those bodies. The plans and budgets formulated
by the Mandals could not be altered by the Zilla Parishad or the State government. Similarly, the
district plans of the Zilla Parishads could not be touched by the State government. The co-or-
dination of the functionaries at the district level was sought to be achieved by the Karnataka
experiment under the aegis of the Zilla Parishad rather than the legendary District Collector. The
Zilla Parishad President was invested with the rank of a Minister and the Vice-President with that
of a Deputy Minister with the perks thrown in. In the popular parlance, the Zilla Parishad
President was the District Chief Minister.
Performance and Achievements of the PR Institutions
A bird's eye view of how PR institutions have fared in some states would provide valuable
insights into the structural and operational aspects of Panchayati Raj. Structures and functions
have been changing over the years. In Assam, there have been shifts in the tiers and functions
assigned. In Andhra Pradesh, the Zilla Parishads, endowed with limited executive functions, have
shown encouraging results in areas like education; the performance of the Panchayat Samitis too
has been noticeable. In Rajasthan, which with Andhra Pradesh, was the first to introduce PR, the
Samiti tier worked with enthusiasm in the initial phase. The performance of the Samitis in Tamil
Nadu, in regard to education, water supply, roads and nutrition, has received wide appreciation.
Deviating from the Balwant Rai Mehta report, a three-tier structure with the first point of
decentralisation at the district level, was organized in Maharashtra and Gujarat and it has
functioned effectively, particularly in the field of decentralized planning and development.
Gujarat is the State where since 1965 state wide Panchayat elections have been held six times and
almost regularly. It is the State where PR elections were conducted even during the emergency.
The PR has many achievements at its disposal. One very important result of the PR has been the
disappearance of the fear of the officials in the minds of the village people. Now the rural people
go to the BDO and talk to him about their problems in confidence. This has been a positive gain
in the Indian context where the fear of authority has dominated the people. PR was created to
arouse a spirit of self-help and popular participation in the development programmes, to provide
basic services and to build up the democratic understanding of the people. If the chart depicting
the gains and the losses of PR is prepared, the greatest gain has been the development of feeling
of importance among the village people.
The process of decision making is brought closer to the people through PR. It has also provided a
vehicle for the emergence of a new leadership at the local level. Competitive elections have
politicized the villages and the system has enhanced the institutional capacity of local government
for economic development and democratic participation in the rural areas. According to Rajni
Kothari. "Operating through these institutions, a new kind of political function-
"'81powerful than the elected representatives at the state and national levels. Politicians in the
Congress—and gradually in other parties as well—are beginning to realize the potentialities of
the new institutions. They often prefer positions in Panchayat Samitis and Zilla Parishads, to
being elected to the state legislature."
The Failures of Panchayati Raj : Causes
Among the major shortcomings of the PR, as seen in its working in the last three decades, the
most significant are :
1. Lack of conceptual clarity : There was lack of clarity in regard to the concept of PR itself and
the objectives for which it should stand. Some would treat it just as an administrative agency;
others as an extension of democracy at the grassroots level and still others as a charter of rural
local government. What is all the more intriguing is the fact that all these conceptual images
would co-exist side by side tending to militate against each other at least in the short run.
2. Political will weakens : An overview of national scene would indicate that the activities of
PRIs were meagre, their resources base weak and the overall attention given to them niggardly.
The functioning of the PR system thus became discouraging. As in this was not enough, some of
the State governments would postpone the holding of elections or supersede some of the
important tiers of PRIs for one reason or the other. The lukewarm attitude of the political elite at
higher levels towards strengthening of the democratic process at the grassroots was generally the
crux of the matter of particular significance in this regard is the relative cooling off of enthusiasm
of MPs and MLAs in some states towards PR, because they would perceive a threat in emerging
Panchayati Raj leadership to their position in their respective constituencies. In the ultimate
analysis, all this led to a weakening of political support to PRIs and of the administrative will to
work through them.
3. Role of Bureaucracy : Bureaucracy had probably its own role in dissociating the PRIs from the
development process. The system of line hierarchy would find favour with them as an
organisational principle. The officers would feel that they are primarily accountable for results
and financial proprieties to the State government. The officials knew no better than to trust their
own fraternity. They would on the one hand, therefore, be averse to PRIs being entrusted with
additional functions and on the other would not easily get adjusted to working under supervision
of elected representatives.
4. Disillusionment on structural-functional front : PRIs are dominated by economically or
socially privileged sections of society and have as such facilitated the emergence of oligarchic
forces yielding no benefits to weaker sections. The performance of PRIs has also been vitiated by
political factionalism, rendering developmental trusts either warped or diluted. Corruption,
inefficiency, scant regard for procedures, political interference in day to day administration,
parochial loyalties, motivated actions, power concentration instead of service consciousness—all
these have seriously limited the utility of PR for the average villager.
It has also been argued that planning and implementation being a matter of expertise, require
quick as well as complex arrangement of details and as such the inter-position of PR bodies has
on the one hand adversely affected the pace of development administration and on the other has
further complicated the problems of co-ordination.PANCHAYATI RAJ SYSTEM IN INDIA
567
Political Dynamics of Panchayati Raj
PR has played a significant political role at local levels in bringing about a greater interfusion of
local level and trans-local politics in various States. The widening of the political horizons of the
rural population can, indeed, be regarded as one of the most important political consequences of
the PR because as compared to other agents of political change (e.g. mass media, educated elite
and political organizations like trade unions and political parties), it operates on the principle of
adult franchise and involves entire rural population in its working to an extent which no other
rural institution can match.
PR in India has turned out to be a powerful engine of political change and the working of PRIs
has been permeated with micro as well as macro politics. At the micro-level, the introduction of
PR has had the following principal effects : (i) eclipse of traditional Panchayats; (ii) politicization
of village factionalism; (iii) percolation of state and district political forces and actors; (iv)
emergence of neo-traditional political motivations and calculations; and (v) increase in the
political weightage of numerically dominant castes. At the macro level, the PR has produced
several political consequences including : (i) establishment of vote nexus between local level
leadership and political leaders at the state and district level; (ii) ruralization of political leaders in
state and district politics, and (iii) emergence of local counterweights to district and state level
political bosses.
It is alleged that PR elections has given birth to party politics and groupism in the villages. It is
also alleged that due to panchayat elections a 'cold war' atmosphere prevails among various
sections of the village people. A study of a village in Rajasthan says, factional tensions are on the
increase and their results can be seen around the time of elections and also in the functioning of
the village panchayat. Panchayat meetings do not have harmonious relations with one-another
and the villagers do not extend full co-operation to the panchayat. Factions have proved to be a
challenge to the traditional leadership and have promoted tensions in the village and as a result
developmental activity has slowed down.8
Recommendations of the Asoka Mehta Committee
The Janata Party government appointed a high level committee on PRIs comprising 14 members,
belonging to different parties, under the chairmanship of Asoka Mehta in December 1977. The
report of the Committee, submitted in August 1978, contained eleven chapters and 300 pages.
The report stated that it was wrong to think of the PR as 'a god that failed'. It said that "It has
many achievements to its credit", "the fact of the matter is that PRIs have not been given a chance
to serve as a vanguard of development in village India", "the PRIs have to be so designed that
they can become effective channels of people's participation in growth—economic, social and
political."
Nevertheless, the Asoka Mehta Committee stressed upon the basic soundness of the PRIs and
recommended a design for effective decentralisation in order to bring into existence such
organisation, technical competence and leadership of a higher order, as would be capable of doing
justice to the dynamics of development. The main recommendations of the Committee are : (1)
The district should be the first point of decentralisation, under popular supervision below the
State level; (2) Below the district level, the people in development management can be best
achieved, by grouping a number of villages to constitute Mandal Panchayats; (3) The preference
of the Committee is for two-tiers568
INDIAN GOVERNMENT AND POLITICS
should be conducted by the Chief Election Officer of the State in consultatic with the
Chief Election Commissioner; (5) Participation of political parties ; PR elections would
ensure clearer orientation towards development programrr and facilitate healthier
linkages with higher level political process; (6) All tr development functions relating to a
district which are now being discharged t the State government would have to be placed
under the Zilla Parishads; (7) Th functions of the Mandal Panchayats would have to
viewed from a new angli They would be responsible for implementation of the schemes
and project assigned by the Zilla Parishad; (8) All developmental staff with the Zill
Parishad should be placed under an officer to be designated as the Chie Executive Officer
of Zilla Parishad.
The recommendations of the Asoka Mehta Committee were considered a the conference
of the Chief Ministers, in May 1979. There was a genera agreement regarding the need
for increased decentralization; however a dil ference of opinion regarding structural
pattern was also there. The New Panchayati Raj System : 73rd Amendment and After
To revitalise the Panchayati Raj, Rajiv Gandhi Government introducec 64th
Constitutional Amendment in the Parliament in 1989 and V.P. Singl Government
introduced 74th Constitutional Amendment Bill in Septembei 1990. However, the Lok
Sabha was dissolved and both the bills could not be passed. The P.V. Narsimha Rao
Government has introduced the 72nd Constitutional Amendment Bill in Parliament in
September, 1991 for strengthening the PRIs in the country. The Bill was passed as 73rd
Constitutional Amendment Act, 1992 by the Parliament which was notified by the
Central Government through Official Gazette on April 20, 1993 as it got ratification by
the state legislatures and was assented by the President of India. After notification the
Panchayati Raj Institutions have now got constitutional legitimacy.
The salient features of the Seventy-Third Constitutional Amendment Act may be
summarised as follows :9
The Constitution (73rd Amendment) Act, 1992 has added a new Part IX consisting of 16
Articles and the Eleventh Schedule to the Constitution. The 73rd Amendment Act
envisages the Gram Sabha as the foundation of the Panchayati Raj System to perform
functions and powers entrusted to it by the State legislatures. The admendment provides
for a three-tier Panchayati Raj System at the village, intermediate and district levels.
Small states with population below twenty lakh have been given the option not to
constitute the Panchayats at the intermediate level. The Act provides that the Panchayat
bodies will have an assured duration of five years, with elections mandatory after this
period. However, one thing is to be noted that under the Amendment Act the
establishment of Panchayats and the devolution of necessary powers and authroity on the
Panchayati Raj Institutions are vested in the State Governments. In view of this it may be
said that the success of the Panchayati Raj Institutions as a unit of democracy and thereby
ushering an all around development of rural areas will much depend on the intention and
support of the State Governments. Without honest intention, these institutions would be
misused by rural rich and the poor and illiterate masses will remain a mute supporters as
it is happening in Parliamentary and State Assembly elections in the Country.
Gram Sabha : Article 243A provides that the Gram Sabha may exercise such powers and
perform such functions at the village level as the legislature of a State may by law
provide. The 73rd amendment thus envisages the GramPANCHAYATI RAJ SYSTEM IN INDIA
569
Sabha as the foundation of Panchayati Raj System. 'Gram Sabha'means a body consisting of
persons registered in the electoral rolls relating to village comprised within the area of Panchayat
at the village level.
Constitution of Panchayats : Article 243B visualises a three-tier Panchayati Raj System. It
provides that in every state there shall be constituted Panchayats at the village, intermediate and
district levels. Small states having a population not exceeding twenty lakh have been given an
option not to constitute the Panchayats at the intermediate level.
Composition of Panchayats : Article 243C provides that, subject to the provisions of this part the
legislature of a State may by law make provisions with respect to the composition of Panchayats.
However, the ratio between the population of the territorial area of a Panchayat at any level and
the number of seats in such Panchayats to be filled by election shall, so far as practicable, be the
same throughout the State.
All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial
constituencies in the Panchayat area. For this purpose each Panchayat's area shall be divided into
territorial constituencies in such manner that the ratio between the population of each
constituency and the number of seats allotted to it, so far as practicable, be the same throughout
the Panchayat area.
The legislature of a State may by law provide for representation of following persons in
Panchayats :
(a) the Chairpersons (Chairman) of the Panchayats at the village level, in the Panchayats at the
intermediate level or in the case of a State not having Panchayats at the intermediate level, in the
Panchayats in the district level;
(b) the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district
level;
(c) the members of the Lok Sabha and the Legislative Assembly of the State representing
constituencies which comprise wholly or partly a Panchayat area at the level other than the
village level, in such Panchayats;
(d) the members of the Rajya Sabha and Legislative Council of the State where they are
registered as electors.
The Chairperson of a Panchayat and other members of Panchayat whether or not chosen by direct
election from territorial constituencies in the Panchayat area shall have the right to vote in the
meetings of Panchayat.10
The Chairperson of a Panchayat at the village level shall be elected in such a manner as the
legislature of a State may by law, provide. The Chairperson of a Panchayat at the intermediate
level or district level shall be elected by, and amongst, the elected members thereof. 11
Disqualifications for Membership : A person shall be disqualified for being chosen as, and for
being a member of Panchayats :
(a) if he is so disqualified by or under any law for the time being in force for the purposes of
elections to the legislature of the State concerned;
(b) if he is so disqualified by or under any law made by the legislature of the State.
Rut no nerson shall be qualified on the ground that he is less than 25 yearsINDIAN
GOVERNMENT AND POLITICS
If any question arises as to whether a member of a Panchayat has become subject to any of the
qualifications mentioned in clause (1) the question shall be referred for the decision of such
authority and in such manner as the legislature of a State may, by law, provide.
Reservation of Seats in Panchayats : Article 243D provides that in every Panchayats seats shall
be reserved for the Scheduled Castes and Scheduled Tribes. The number of seats so reserved shall
be, as nearly as may be, in the same proportion to the total number of seats to be filled by direct
election in that Panchayat as the population of the SCs and STs in that Panchayat area bears to the
total population of that area and such seats may be allotted by rotation to different constituencies
in a Panchayat.
Out of total number of seats reserved under clause (1) not less than 1/3 seats shall be reserved
from women belonging to the SCs and STs [Clause (2)]. Out of total number of seats to be filled
by direct election in every Panchayat not less than 1/3 (including the number of seats reserved for
SC's and ST's women) seats shall be reserved for women. Such seats may be allotted by rotation
to different constituencies in a Panchayat [Clause (3)].
The office of the Chairpersons in the Panchayats at the village or any other level shall be reserved
for SCs, STs, and women in such manner as the legislature of a State may, by law, provide. But
the number of offices of Chairpersons reserved for the SCs and STs in the Panchayats at each
level in any State shall be, as nearly as possible, in the same proportion to the total number of
such offices in the Panchayats at each level in proportion of the total population of the SCs and
STs in the State. However, not less than 1/3 of the total number of the offices of Chairperson in
the Panchayat at each level shall be reserved for women. The number of offices reserved under
this clause shall be allotted by rotation to different Panchayats at each level.
The reservation of seat's under clauses (1) and (2) and the reservation of offices of Chairperson
(other than the reservation for women) under clause (4) shall cease to have effect on the
expiration of the period (50 years) specified in Article 334 [Clause (5)].
Reservation for Backward Classes : The legislature of a State is empowered under clause (6) to
make provision or reservation of seats in any Panchayat or office of Chairpersons in the
Panchayats at any level in favour of backward classes of citizens.
Duration of Panchayats : According to Article 243E every Panchayat, unless sooner dissolved
under any law for the time being in force, shall continue for five years from the date appointed for
its first meeting. No amendment of any law in force shall have effect of causing dissolution of a
Panchayat at any level which is functioning before such amendment till the expiration of its
normal period of five years.
An election to constitute a Panchayat must be completed :
(a) before the expiry of its duration;
(b) before the expiration of a period of six months from the date of its dissolution.
But where the remainder of the period for which the dissolved Panchayat would have continued
in less than six months, it shall not be necessary to hold any election under this clause for
constituting the Panchayat for such period.
Powers, Authority and Responsibility of Panchayats : Article 243G, provides that subject to the
provisions of this Constitution the legislature of aPANCHAYATI RAJ SYSTEM IN INDIA
571
State may, by law, endow the Panchayats with such powers and authority as may be necessary to
enable them to function as an institution of self-government. Such law may contain provision for
the devolution of powers and responsibilities upon Panchayats subject to such conditions as may
be specified therein, with respect to :
(a) the preparation of plans for economic development and social justice;
(b) the implementation of schemes for social development and social justice as may be entrusted
to them including those in relation to the matters listed in the Eleventh Schedule.
The matters listed in the Eleventh Schedule are as follows :
1. Agriculture, including agricultural extension. 2. Land improvement, implementation of land
reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and
watershed development. 4. Animal husbandry, dairying and poultry. 5. Fisheries. 6. Social
forestry and farm forestry. 7. Minor forest produce. 8. Small-scale industries, including food
processing industries. 9. Khadi, village and cottage industries. 10. Rural housing. 11. Drinking
Water. 12. Fuel and fodder. 13. Roads, culverts, bridges, ferries, waterways and other means of
communication. 14. Rural electrification, including distribution of electricity. 15. Non-
conventional energy sources. 16. Poverty alleviation programme. 17. Education, including
primary and secondary schools. 18. Technical training and vocational education. 19. Audit and
non-formal education. 20. Libraries. 21. Cultural activities. 22. Markets and-fairs. 23. Health and
sanitation, including hospitals, primary health centres and dispensaries. 24. Family welfare. 25.
Women and child development. 26. Social welfare, including welfare of the handicapped and
mentally retarded. 27. Welfare of the weaker sections, and in particular, of the Scheduled Castes
and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets.
It is to be noted that Article 243G is subject to the provisions of the Constitution. This means that
the normal distribution of powers under Articles 245 and 246 cannot be effected by the State
legislature while vesting with powers and authorities upon the Panchayats.
Powers to Impose Taxes and Funds of Panchayats : Article 243H empowers a State legislature to
make by law provision for imposing taxes etc. by the Panchayats. Such a law :
(a) authorize a Panchayat to levy, collect and appropriate such taxes, duties, tolls and fees in
accordance with such procedure and subject to such limits;
(b) assign to a Panchayat such taxes, duties, tolls and fees levied and collected by the State
Government for such purposes and subject to such conditions and limits;
(c) provide for making such grants-in-aid to the Panchayats from the Consolidated Fund for the
State; and
(d) provide for constitution of such funds for crediting all moneys received, by or on behalf of
the Panchayats and also for the withdrawal of such money therefrom.
Finance Commission : Article 243-1 provides for the establishment of a Finance Commission for
reviewing financial position of the Panchayats. The Governor of a State shall within one year
from the commencement of the
and thereafter at the expiration ofINDIAN GOVERNMENT AND POLITICS
(b) (c)
___......, u i ULI I IUO

every fifth year, constitute a Finance Commission. The legislature of the Sti may by law, provide
for the composition of the Commission, the qualificatic requisite for appointment of its members
and the manner in which they sh be selected.
It shall be the duty of the Finance Commission to review the financi position of the Panchayats
and to make recommendations to the Governor to :
(a) the principles which should govern :
(i) the distribution between the State and the Panchayats of the m proceeds of the taxes, duties,
tolls and fees leviable by the Stati which may be divided between them under this Part and th
allocation between the Panchayats at all levels of their respectiv shares of such proceeds;
(ii) the determination of the taxes, duties, tolls and fees which ma; assigned to, or appropriated
by, the Panchayats;
(iii) the grants-in-aid to the Panchayats from the Consolidated Fund oi the State;
the measures needed to improve the financial position of the Panchayats;
any other matter referred to the Finance Commission by the Governor in the interests of sound
finance of the Panchayats. The Commission shall determine its procedure and shall have such
powers
in the performance of its functions as the State legislature may, by law, confer
on it.
The Governor shall cause every recommendation made by the Commission together with an
explanatory memorandum as to the action taken thereon to be laid before the legislature of the
State.
Audit of Accounts of Panchayats : The legislature of a State may, by law, . make provision with
respect to the maintenance of accounts by the Panchayats \ and the auditing of such accounts.
Elections to the Panchayats : Under Article 243K the superintendence, direction and control of
the preparation of electoral rolls and conduct of all elections to the Panchayats shall be vested in a
State Election Commission consisting of the State Election Commissioner to be appointed by the
Governor. Subject to the provisions of any law made by the State legislature, the conditions of
service and tenure of office of the State Election Commissioner shall be such as the Governor
may by rule determine. The State Election Commissioner shall not be removed from his office
except in like manner and on like grounds as a Judge of a High Court. The conditions of service
of the State Election Commissioner shall not be varied to his disadvantage after his appointment.
The Governor of State shall, when so requested by the State Election Commissioner, make
available to Commission such staff as may be necessary for the discharge of its functions.
The State legislature may, subject to the provisions of this Constitution, by law, make provision
with respect to all matters relating to or in connection with elections to the Panchayats.
Part not to apply to Certain Areas : Article 243M provides that Part 9 shall not apply to the
following areas :
1. the scheduled areas referred to in clause (1) and tribal areas referred to in clause (2) of Article
244;PANCHAYATI RAJ SYSTEM IN INDIA
573
2. the State of Nagaland, Meghalaya and Mizoram;
3. the hill areas in the State of Manipur for which District Councils exist under any law for the
time being in force;
4. to Panchayats at the district level of the hill areas of the District of Darjeeling in the State of
West Bengal for which Darjeeling Gorkha Hill Council exists under any law for the time being in
force;
5. shall affect the functions and powers of the Darjeeling Gorkha Hill Council constituted under
such law.
Not withstanding anything in this Constitution :
(a) The State Legislature of Nagaland, Meghalaya and Mizoram may, by law, extend this Part to
that State, except the areas referred to in clause (1) if the Legislative Assembly of that State
passes a resolution to that effect by a majority of the total membership of that House and by a
majority of not less than two-third of the members of that House present and voting;
(b) Parliament may, by law, extend the provisions of Part 9 to the Scheduled areas and Tribal
areas referred to in caluse (1) subject to such exceptions and modifications as may be specified in
such law, such law shall not be deemed to be an amendment of this Constitution for the purposes
of Article 368.
Continuance of Existing Laws and Panchayats : Article 243N provides that notwithstanding
anything in Part 9 or any provision of any law relating to Panchayats in force in a State
immediately before the commencement of the Constitution (73rd Amendment) Act, 1992, which
is inconsistent with the provisions of Part 9, shall continue to be in force until amended or
repealed by a competent legislature or other competent authority or until the expiration of one
year from such commencement, whichever is earlier.
However, all the Panchayats existing immediately before such Government shall continue till the
expiration of their duration, unless sooner dissolved by resolution passed by the Legislative
Assembly of that State or in a State having a Legislative Council, by each House of the
Legislature of the State.
Courts not to interfere in Electoral Matters : Article 243-0 bars the interference by courts in
electoral matters of Panchayats. It provides that notwithstanding anything in this Constitution the
validity of any law relating to the delimitation of constituencies or the allotment of seats to such
constituencies made under Article 243K shall not be called in question in any court.
The validity of an election to any Panchayat can be challenged only through an election petition
presented to such authority and in such manner as provided by any law made by the legislature of
a State.
Panchayats and the Eleventh Finance Commission
The Constitution requires the Central Finance Commission to recommend measures needed to
augment the consolidated Fund of a State to supplement the resources of the Panchayats in the
State on the basis of the recommendations made by the Finance Commissions of the State. The
Tenth Finance Commission, for want of SFC reports, made an ad-hoc provision of Rs. 4,381
crore to the PRIs for the period 1996-2000. All the states were released grants amounting to Rs.
1,095 crore during 1996-97 to be given to the three-tiers of Panchayats. During 1996-99 all the
States were released Rs. 2,249.65 crore for
onnn T?o Kix. A~l mrnra Vinvp hppn rplpasfid to be given574
INDIAN GOVERNMENT AND POLITICS
The Eleventh Finance Commission (EFC) has sanctioned Rs. 1,600 crore annually for Panchayats
to be distributed among the States. It is debated whether this Rs. 8,000 crore from the centre for
the coming four years is an adequate amount for nearly 2.5 lakh Gram Panchayats, 6,000
intermediate and 500 district level Panchayats. But it goes to the credit of the EFC that it has
given enough viable proposals as to how to enhance the financial capacity of the Panchayats.
The most important recommendation of the EFC pertains to enhancing the revenue of the local
bodies through property tax and house tax, octroi/entry tax and user charges. The Commission
notes that the property or house taxes are not revised periodically, octroi is a contentious issue but
there is a need for "a suitable tax that is buoyant and can be collected by local bodies." The fact of
the matter is that hitherto the local bodies have been shying away from raising resources fearing
unpopularity.12
Critical Evaluation
There are some major flaws in the Act. It has not clearly defined the role of political parties.
Nowhere it mentions that political parties can enter into j election arena in their formal capacity.
Similarly, it is completely silent over the ' relationship between Panchayati Raj Institutions and
local level bureaucracy
The most hotly debated problem, till recently, was giving constitutional ; recognition to the
Panchayati Raj Institutions. But after the 73rd Constitutional i Amendment Act the Panchayati
Raj Institutions have got constitutional legitimacy. Again much talked about problem in regard to
the functioning of Panchayati Raj Institutions was related to their structure as there was lack of
uniformity. It is heartening to note that the present Amendment Act will help accelerate not only
uniformity in structure but will also achieve that basic philosophy of checking the growing
importance and interference of affluent sections of society.
Panchayati Raj Institutions by and large, failed because of irregular elections and frequent
supersession and suspension. This chronic problem has rightly been taken care of by the 73rd
amendment and it is hoped that now they will prove to be viable institutions of grassroots
democracy as there will be periodic elections within a time frame.
Yet another problem connected to this had been the love-hate relationship i between the local
level bureaucracy and the elected representatives of Panchayati Raj Institutions. Due to the lack
of defined roles for the two, both used to move in different directions due primarily to lack of
proper co-ordina- \ tion. This had been one of the important causes of the failure of the
Panchayati Raj Institutions. Unfortunately the present amendment to the Constitution too has left
this problem untouched and has authorized the State legislatures to make suitable provisions to
tackle this lacunae. Since the state level bureaucracy is more dominant and plays an important
role in formulating any policy and legislation, it is still doubtful whether the problem of
relationship between local level bureaucracy and elected representatives of Panchayati Raj
Institutions will be properly attended or smoothened by the State legislatures. 1'
Conclusions
The Eleventh Finance Commission has come to the conclusion that the j 73rd Constitutional
Amendment has not significantly altered the functional] domain of the Panchayats at various
tiers. One of the serious concerns of the: Commission has been that the panchayats have been
marginalised by thePANCHAYATI RAJ SYSTEM IN INDIA
575
Centre and the States by sponsoring schemes for rural areas without associating these bodies in
their planning and implementation.
It is not enough to build up a case for revival of Panchayati Raj. One must also talk about
prerequisites of the revival so that Panchayat Raj may not undergo another eclipse on the earlier
pattern. First, there has to be a commitment to Panchayati Raj as a political value and the
consequent political will to establish it. What one really needs today is another Nehru who could
say with a sense of pride as he did while inaugurating PR in Rajasthan in 1959 : "We are going to
lay the foundation of democracy or Panchayati Raj in our country." Secondly, it should also not
be forgotten that the effort to revive Panchayati Raj is, in fact, an attempt to reconstruct Indian
polity. For example, it entails great effort to decentralize genuine power in terms of a continuum
from the Union to the States and, in turn, from States to the urban and rural local government
bodies.
REFERENCES
1. C.V. Raghavulu and E.A. Narayana, "Reforms in Panchayati Raj", The Indian Journal of Public Administration,
January-March 1991, p. 34.
2. S.N. Mishra, Panchayati Raj, Bureaucracy and Rural Development, New Delhi, 1986, p. 45.
3. Iqbal Narain, "Revival of Panchayati Raj". B.C. Shah & J.N. Pandya (eds.) Revival of Panchayati Raj, Vallabh
Vidyanagar, 1989, pp. 3-4.
4. Report of the Committee on Panchayati Raj Institutions, Government of India, Department of Rural Development,
1978, p. 8.
5. The 1989-90 budget has increased the resource transfer to a little over Rs. 1,000 crore. See CM. Ramchandra
"Panchayati Raj : The Working of Karnataka Model". The Hindu, Hyderabad, May 4, 1989.
6. Rajni Kothari, Politics in India, 1970, p. 136.
7. P.C. Mathur, "Performance of Panchayati Raj Institutions in Rajasthan", Panchayat San-desh, October 1980 and
November 1980.
8. PR. Dubhashi, Essays on Development Administration, New Delhi, 1987, p. 377.
9. S.N. Mishra, "Panchayati Raj Institutions : 13rd Amendment and After". Employment News (New Delhi), 14-20,
August, 1993.
10. Clause (4) of Article 243C.
11. Caluse (5) of Article 243C.
12. George Mathew, "Panchayats and the Eleventh Finance Commission." Kurushetra, November, 2000.
13. S. N. Mishra, op. cit.
14. George Mathew, op. cit. Chapter 45
NATURE AND ROLE
OF THE ADMINISTRATION
The aim of the British rule in India was to maintain its hold over the country. The government
was interested in the collection of taxes, maintenance of peace and law and order. The few public
utility services that were started, were to fulfil the main object of the British rule, viz., to keep its
control over the country. Indian society was feudal with agriculture as the main profession of the
people. The masses, groaning under the weight of poverty, undernourish-1 ment and misery,
started clamouring for equality. The main role of bureaucracy ; (Administration) in India during
the British rule was negative, i.e., it performed ' regulatory functions and made all efforts to crush
people's movement for independence.
After independence, the National Government took up the task of modernising India through
industrialization and undertook to provide all the amenities of modern life to the citizens. The
negative concept of functions of state was replaced by democratic welfare state concept. Keeping
in mind the democratic values of life of freedom and consent, a new equalitarian society was to
be established. Standard of living of the teeming millions was to be improved. The administrative
apparatus which was inherited from the old British regime was to be adapted, adjusted and
renovated to fulfil the requirements of the new socialistic society. The role of the administration
was to change from mere law preservers to social welfare workers. Because of the democratic set
up of the polity, civil servants were called upon to work under the control of the representatives
of the people. It was a marvellous phenomenon of human adjustment. The bureaucracy which
was fighting and arresting political leader in British days, was called upon to work under the
same leaders. Leaders who were despised by the bureaucracy were now to be obeyed and
respected. Bureaucracy was to adjust itself to a democratic set up with proper accountability and
popular control. If an example were needed of the power and capacity of adjustment and
adaptability of the Indian Civil Service, the most important example is that of proper and
harmonial relationship which existed between the Ministers and the old bureaucracy in India from
the very dawn of independence. No revolts, no clashes were reported. The bureaucracy adjusted
itself smoothly to democracy and popular control.
Now bureaucracy has to adjust and undertake the gigantic task of reconstructing the Indian
economy. India has embarked upon ambitious Five Year Plans, the main purpose of which is to
improve the standard of living of the teeming millions and lay down the foundations of a
socialist, democratic, equalitarian society. For creating socialist pattern of society, the state has to
take on heavy responsibilities. The public sector has to expand rapidly. It has NATURE AND ROLE OF
THE ADMINISTRATION
577
to play a dominant role in shaping the entire pattern of investments—both private and public—in
the economy and has to initiate developments which the private sector is unwilling or unable to
undertake. The responsibility for new developments in certain major lines of activity which
require the use of modern technology, large scale production and a unified control and allocation
of resources must be undertaken in the main by the state.
Thus in new India the administration has been called upon to manage state owned industrial and
commercial projects. Civil servants have to advise the government on the problems of planning.
The civil servants have to execute planning.
The civil servant, it is alleged, shows too much attention to precedent; he looks always to the
past and eschews and departure from tradition of the habitual way of doing things. He is
excessively cautious. The one quality in which he excels is that of finding reasons, why a change
should not be made or why a given course of action should not be pursued. His attitude is
negative where it should be constructive. Moreover, he is so afraid of making a mistake or so
lacking in self-confidence that he tries to avoid personal responsibility and consequently passes
on to someone else, if he can, any question involving decision. This accusation was confirmed by
the committee on the Training of Civil servants. It observed : "The faults non-frequently
enumerated are over-devotion to precedent... lack of initiative and imagination ... and
unwillingness to take responsibility or to give decisions. We recognise that these faults exist in
some measure..."
An administration which is weak in the field of imaginative and creative suggestion is ill-suited
for the new task, which require the spirit of initiative, enterprise and even adventure. Keeping in
mind these defects of administration and the requirements of new society, proper selection,
proper incentives to maintain efficiency and rich morale of the Civil Service are required. Right
recruitment and adequate training shall determine whether Civil servants shall be able to meet the
challenge of society.
Administration : Meaning
Administration is the non-political bureaucratic machinery of the government for implementing
its laws and policies in action, e.g., the collection of revenues, maintenance of law and order,
running the railways and postal services, maintaining welfare services, running schools and
hospitals. These are all acts of administration. Administration operates within a political context.
It is a means by which the policy decisions made by the political decision makers are carried out.
"Administration is decision making, planning the work to be done, formulating objectives and
goals, working with the legislative and citizen organizations to gain public support and funds for
government programme directing and supervising employees, providing leadership, com-
municating and receiving communications, determining work methods and procedures, exercising
controls and other functions performed by government executives and supervisors. It is the action
part of government. The means by which the purpose and goals of government are realised."
The standard and efficiency of administration in any country depend ultimately on the calibre,
training and integrity of the members of the public services. When the aim of a constitution is the
establishment of a welfare state, it is evident that the functions of such a state will embrace a wide
range of578
INDIAN GOVERNMENT AND POLITICS
availability of men of vision, ability, honesty and loyalty to man the administrative apparatus of
the state.
Evolution of Administration in India
The Civil services of Independent India is a continuation of the Civil service of the British
Colonial rule. To the East India Company goes the credit of giving to the world the nomenclature
of 'Civil Service'. The company had its military personnel in India also; and the term 'Civil
Service'was designed to distinguish its members from the military arm (and later the judiciary
also).
The Macaulay Committee report (1854) provided the philosophy and base for the Indian Civil
Service. Till 1892 what later came to be known as the Indian Civil Service bore the nomenclature
of 'Indian Covenanted Civil Service'. The Aitchison Report (1887) has been a landmark in the
evolution of Civil Services in India. The basic structure of the Civil Service in India had emerged,
atleast in its bare outline, in this report. The Indian Covenanted Civil Service got designated as
the Indian Civil Service or the I.C.S. Out of the statutory civil service came the provincial civil
service. The uncovenanted services became the 'Subordinate services'. In years to come new
services were created. But the basic structure of the Civil service in India remained unaltered.
The last years of the 19th century saw many changes in India, the more prominent being the
political unification of the country, the centralization of its government and the gradual
assumption by it of new functions. In this process, new services were bound to be created and the
existing over strengthened. In the year 1892, the Indian Service of Engineers and the Indian
Veterinary service were created. Five years later, in 1897, the Indian Medical Service was con-
stituted. The years 1905-07 saw the formation of three new services, namely the Imperial Police
(1905), the Indian Education Service (1906) and the Indian Agricultural Service (1907).
The Act of 1919 brought about significant change in the country's public administration. It
created for the first time, a horizontal division of work in administration. It equipped the
provinces with an independent sphere of administration in subjects like education, agriculture,
medical, health, local government, animal husbandry, etc. Moreover, as the transferred field in
the provinces came under the control and direction of elected representatives of the people. The
technical departments in the provincial governments began to recruit more persons possessing
expert knowledge in nation building activities.
The term 'All India Service' was first coined in 1918 by the committee on Division of Functions
under M.E. Gauntlett. Many services including the Indian Civil Service and the Indian Police
Service continued to remain as before. But those which fell in the 'transferred'fields such as the
Indian Education Service, the Indian Agricultural Service, etc. were disbanded and replaced by
the provincial services to which alone fresh recruitment was made.
To curie political patronage, the Government of India Act, 1919 provided for a Public Service
Commission responsible for recruitment of civil servants. The Central Public Service
Commission was, accordingly, set up in 1926 with Sir Rose Baker as its chairman.
In the twenties the Civil Service in India stood classified into the following : (1) All India
Services; (2) Central Civil Services; (3) Provincial Services; (4) Subordinate Services. The
members of the All India Services owed their appointments to the secretary of state for India who
alone could terminate their services. The Central Civil Services came under the control of the
Government
NATURE AND ROLE OF THE ADMINISTRATION
579
of India and were generally recruited by it also. The provincial services fell under the
appointing authority of the provinces. The subordinate services comprised minor
administrative, executive and ministerial posts to which appointments were made by the
provincial government concerned or an authority subordinate to it.
The Maxwell Committee on organization and Procedure (1937) recommended firm
continuation of the existing tenure staffing of the Central Secretariat. In 1937, a Finance
Commerce Pool, exempt from the traditional tenure system was constituted under the
pressure of Second World War. Public Administration in India had to take up new
functions to cope with the new requirements. An expansion of the machinery of
administration thus took place at various levels of governance. Recruitment to the All
India Services stopped from July 1942 because of extremely unsettled conditions. In
1947, India won its Independence but the country was partitioned along communal lines.
As part of the partition plan, the Public personnel were also given option of service in
either of the newly created countries, or retirement with generously planned pensionary
benefits.
The Interim Central Government was quick to convene a Provincial Premiers' Conference
in October 1946 to consider the question of replacement of the Indian Civil Service and
the Indian Police. Sardar Patel made a plea for an All India administrative service. He
secured acceptance of his proposal for the All India administrative service as well as for
the Indian Police Service. The first competitive examination for recruitment to the IAS
was held in July 1947. In 1961, Rajya Sabha adopted a resolution in favour of three new
all India services and accordingly the Indian Forest Service was constituted on July 1,
1966.
Various Types of Services
Broadly speaking, the civil services in India can be grouped into three major categories :
All India Services, Central Services and State Services.
All India Services : The top echelon of All India Services consists of the Indian
Administrative Service (IAS) and the Indian Police Service (IPS), both of which have
their roots in the British period of Indian history. The IAS is the successor of the British
designed elite ICS, which is frequently referred to as
A consensus paper on "Civil Service Reforms" drawn up by the LBSNAA puts it more candidly :
"Whatever went wrong in the four decades of planned development is attributed to it (the Civil Service)
and whatever worked was in spite of it. Civil Service baiting today has acquired an acrimony as never
before and it is condemned not only from without but also from within."
The Civil Service meant to attract generalists with a liberal arts background and a commitment to public
service—is now being flooded with people whose technical training has insulated them from social and
political realties. Also while greater rural background is a good idea, what is actually happening is that a
majority of probationers seem to come from a handful of backward states—Uttar Pradesh and Bihar are
good examples—where due to the lack of a flourishing private sector, the Civil Service is still considerable
the "mother of all jobs". Adds a senior bureaucrat : "A lot of these probationers come from feudal
backgrounds and are only interested in power and money. They have set ideas that are conservative,
parochial, casteist and communal."
"People often perceive the bureaucracy as an agent of exploitation rather than a provider of services." being
'heaven born' because of the high prestige and status bestowed upon by the society and the ruling
classes. It was the ICS that ruled India for century and assisted by the IPS, provided the well
known 'Steel frame' th enabled the British to govern India so effectively for such a long period.
After independence, India kept only two All India Services, the IAS an
IPS; but later the Indian Forest Service was created. The Rajya Sabha ca
create a new All India service by two-thirds majority. All India services by the:
very nature, are instruments of national consolidation and unity. They ensur
the maintenance of common standards all over the country in certain vital field
of administration. They facilitate the existence of a hard core of officials in ever
state who, because of their membership in a service which falls within thi
jurisdiction of the centre, feel more free and independent to act with a nationa
outlook and keeping in view the national interests. They claim to stand abovt
the linguistic and communal cleavages within Indian society. In this respect
they are the representatives of what Myron Weiner has termed the 'elite
political culture of the country'.
The Central Services : The central services are under the direct control of the Union Government
and are of four categories. They are categorised as Group A, B, C and D services. There are 59
central civil services in group A. The most prominent among these are : Indian Foreign Service,
Indian Audit and Accounts Service, Indian Postal Service, Indian Economic Service, Indian
Revenue Service, etc. The UPSC makes recruitment to the group A and B services. Recruitment
to Group C services is made by the Staff Selection Commission.
State Services : The state services include those services and posts which are concerned with the
administration of state subjects such as agriculture, education, forest, health, planning, police, etc.
The recruitment to and service conditions of these services are regulated by rules under the Act
which may be adopted by the state legislature. The state services have been classified into Class I,
Class II, Class III and Class IV, based on the work and qualifications. Members of Class I and
Class II services are gazetted. Class III consists of clerical staff and Class IV comprises peons,
daftries, messengers, etc. According to Prof. S. R. Maheswari, a state normally has the following
services : (1) State Civil Service; (2) Police Service; (3) Judicial Service; (4) Service of
Engineers; (5) Educational Service; (6) Forest Service; (7) Medical Service; (8) Public Health
Service; (9) Agricultural Service; (10) Veterinary Service; (11) Co-operative Service.
Recruitment and Training : Recruitment to the services is based upon
merit and there is considerable objectivity in the selection process. The UPSC
an autonomous body, is entrusted with the job of holding examinations for th
applicants seeking entry into the top of Indian bureaucracy. The examinations,
with slight variations for each service, place emphasis on the applicant's
proficiency in English and background in humanities and social sciences.
Personality tests, through extensive interviewing conducted by the members of
the UPSC, constitute a vital part of the selection process. The young recruits
are first given extensive training in the National Academy of Administration
located in Mussoorie. The members of both the IAS and the State Civil Services
are trained as 'generalists' on the basis of British traditions.
Nature of the Indian Administrative System
When India Today did a cover story on bureaucracy 25 years ago ("Rule of the Babu", February
16-28, 1979), the total number of civilian employees wasNATURE AND ROLE OF THE ADMINISTRATION
581
a scandalous 3.02 million. Today, far from shrinking, it has grown to 3.72 million. The salary
bills of the Central and State government employees together have reached an astounding Rs.
70,000 crore, nearly a half of the revenue receipts.
The strength of sanctioned posts for the regular civilian Central Government employment
(including Union Territories) is 41.76 lakhs in 1994, is observed to have increased from 17.37
lakh in 1957 to 29.82 lakh in 1971 to 37.87 lakh in 1984. In 1951, the IAS was constituted with a
strength of 957, including 336 officers from the Indian Civil Service. Today there are 5,118
serving IAS officers. In 1979, there were 1,724 officers of the rank of secretary, additional
secretary, joint secretary and deputy secretary/director. Today the number has nearly doubled to
1,222. The growth is also visible at the state and public sector undertakings. One must note that
the size of the leviathan goes on expanding despite the country's formal commitment to economic
liberalisation, privatisation and pruning of the bureaucracy. The annual wage and travel cost of
the Government of India is going up by over one thousand crore rupees every year. By all
accounts, the community is not getting its money's worth from this huge army of employees, who
may be collectively described as the country's bureaucracy or Administration.
TABLE 1 GROWTH OF BUREAUCRACY (in Lakh)
First Central Pay Commission (1946-47) 14.45
Second Central Pay Commission (1957-59) 17.37
Third Central Pay Commission (1970-73) 29.82
Fourth Central Pay Commission (1983-87) 37.87
Fifth Central Pay Commsssion (1994-97) 41.76
Beginning of 21st Century (2000-03) 37.29
TABLE 2 EMPLOYEES COST RISES 240 PER CENT IN 20 YEARS
1979 1999
Central Government Civilian Employees 3.02 million 3.72 million
Central PSU Employees 1.7 million 3.50 million
Pay and Allowances of Central Govern-
ment Civilian Employees 13,500 Rs. erore 31,066 Rs. crore
TABLE 3
1979
1999
Secretary and Additional Secretary rank officer in Central Government Joint Secretary Rank Officer Director Rank
162 279 283
258 477 487
Our Administration undoubtedly suffers from a large number of defects. Though not uniformly
bad, it can in large parts be justly accused of being inefficient, undisciplined, self-seeking,
slothful and venal. It is unused to function as a team, believes in narrow departmentalism and is
given to intrigue; it is also insensitive to the needs of the citizen and more concerned with its own
interests than with those of the taxpayer. It is cynical, bereft of idealism and mercenery in
outlook. Over the years, it has grown into a Frankenstein which we are unable to control
effectively, small wonder that the word bureaucrat has become almost a term of abuse.
C.N. Bhalerao has discovered four main characteristics of the Indian Administration : (i) an
impersonal way of operation, rigidly adhering to formal

582
INDIAN GOVERNMENT AND POLITICS
frustration among the officials, (hi) closed nature of the system lacking in change
orientation and constructive internal communication or communication with outside
groups, and (iv) lack of initiative, responsibility, challenge and innovation.
The following salient features of the administration in India highlights its nature as well
as emerging characteristics :
1. Colonial Legacy
The Indian bureaucracy is not a phenomena of Post-independence era only. It has a long
historical background and is a product of centuries. It has had a slow growth of
development under three successive regimes : The East India Company, The Crown and
The Indian Republic. The bureaucracy particularly, the higher civil service, has inherited
the British Administrative legacies of social superiority, apathy towards the masses, law
and order orientation and generalist nature.
"The Indian Administrative system as it exists today is a product of two different sets of
influences : the British Colonial administrative traditions and the ideals of a democratic
welfare state which was constitutionally adopted in India after Independence." Among
India's Colonial legacies, perhaps the most well developed institution which the British
left behind was the Indian Civil Service (ICS). Colonial administration in India was
authoritarian, unresponsive, exclusive and paternalistic in character, qualities which the
civil servants were taught to imbibe and maintain in their dealings with the public.
Primarily performing regulatory functions like maintenance of law and order, collection
of revenue, the administration during the British period had practically no developmental
tasks to perform or welfare goals to achieve.
2. Increasing Powers
The enormous growth in the powers, functions and influence of the civil service is one of
the most striking aspects of Public Administration during the last 100 years, particularly
since World War I. The economic and social compulsions of free India have led to the
concept of a welfare state and a socialist society to be achieved through a planned
process. With the assumption of new functions and responsibilities by the Government
since independence, the importance of the administration has grown. Our administrator is
no longer a mere police and revenue official; he is engaged in a large variety of develop-
mental activities and is involved in implementing thousands of projects in different parts
of the country. The success of our plans, in fact, depends upon how well the civil servant
performs his task.
3. Change from Steel Frame to Aluminium Frame
Within the civil service, the old time emphasis on rank, status, seniority and rigid
compartmentalization of the administration into cadres and grades still continues. In
personnel management there is more dependence on seniority than merit. Mobility within
the ranks or services is impossible, with the result that each service and their number is
legion in a closed corporation open only to its members who are recruited early in life
and who stay there until the end of their official career. There is no competitiveness or
opportunity of accelerated promotion for outstanding performance with the result that
mediocrity gets an undue premium. Slow pacing, conservatism, formalism or
proceduralism, a habit of passing the buck, lack of initiative and innovation are the
inevitable consequences of such a personnel system. In short, the civil service, though
committed to development, is not production oriented. It is still status bound.
NATURE AND ROLE OF THE ADMINISTRATION
583
It will, therefore, not be an exaggeration to state that while the Civil Service of India is no longer
a steel frame, yet it still remains an aluminium frame.
4. Social Supremacy and Elitist Character
It has been revealed that the members of the higher civil services generally come from the
wealthy, urban and educated classes. The elites in other occupational areas—the engineers,
politicians and even the educators are also like them. The bureaucrats themselves pay great
respect to affluent, higher caste and superior social status. The bureaucracy is elitist in character
and unrepresentative of the other social segments of society. The IAS constituted after
independence on the model of ICS, continues to have an elitist character by background and
training of its members. This is evident from the many empirical studies on the socio-economic
background of the Indian bureaucracy undertaken by various scholars—C.P. Bhambri, V.
Subramaniam and R.K. Trivedi. These studies have revealed that the civil services in India are
still manned by persons belonging to the urban educated professional middle class of India. A
higher proportion of young recruits come from the English medium convent schools and the more
well known colleges. Consequently, the higher echelons of bureaucracy generally belong to the
educated upper middle classes of the urban areas or higher castes of rural areas. Their parents
come from the upper strata of society and are engaged in the professions such as law, engineer-
ing, medicine and teaching. In short, the Indian bureaucracy remains as unrepresentative as ever,
the higher civil services being drawn from only ten percent of the community. The attitude of the
bureaucrats reflects the bias and prejudice of their social class.
5. Political Neutrality
We in India have inherited the British model of administration, are familiar with the concept of
neutrality of public services. Under the concept of neutrality, bureaucracy serves as a permanent
instrument of government under conditions of changing party control, by acknowledging and
adapting neutrality. The civil service conduct rules in India, prohibits the Government employees
from active participation in political activities. He is also prohibited from taking part in any
election to legislature or local authority. Thus, except for the limited right of voting in secret, a
Government employee cannot participate in any way in any political movement or activity,
including election campaign. He cannot join a political party even as an inactive member or
contribute financially to its funds; he cannot express any opinion on political issues; and he
cannot stand for election to any legislature.
6. Corruption in Administration
Corruption among the bureaucrats and among the members of the law enforcement agencies,
though it occurred even during the British period, was never as widespread as it is today. The far
greater social acceptance of corruption today than in previous periods can be attributed to the
decline in the Indian value system. As Nirad. C. Chaudhari writes : "There is hardly anyone from
a petty clerk to a minister who is not manageable with a proportional amount of gratification."
After independence, various factors had come into existence which bred corruption. The adoption
of the ideal of a welfare state resulted not only in rapid multiplication of the functions of the state,
but also the assumption of even new and unfamiliar duties. The activity of the government in the
economic sphere extended. Regulations, controls, licences and permits were
*—-n-i™ for- fnvriintinn. Todav, in Indiano other profession, except probably the risky profession of
smugglers and black marketeers, is so lucrative as the career in the civil services and if one is
willing to take the risk and adopt unfair means, he can make more money in IAS than outside.
The TEHELKA revelations are a bold 'expose'of the murky deals and gross malpractices being
indulged in by top ruling class politicians, bureaucrats and some defence officers.
The impression gaining ground today is that in the last fifty-four years top ruling politicians,
bureaucrats and some defence officers have become fountain-head of corruption. At present, there
is a system of corruption at all levels. Everything and everybody, with a few exceptions, has a
price. Family members of a deceased, still in mourning, cannot procure a death certificate without
greasing the palm of the functionaries concerned. 7, Primacy to Generalist Administrators
One important feature of Indian public administration is that it accords primacy to the generalist
administrators. The members of both the IAS and the State Civil Services are trained as
'generalists' on the basis of British traditions. As generalists they are expected to be equipped with
the knowledge, skills, values and attitudes to make policy recommendations not only in the areas
of administration but also in scientific, technical and educational matters as well. 8. Closed
System
Though not a 'class' in Marxian sense, yet the higher services have transformed themselves as a
'closed system'. To use Verba's words their orientation is 'parochial' and 'subject' directed and
never 'participatory'. They are knit together by and through social clubs, informal inner circles,
marriage links, distribution of patronage, etc. They are exclusive in the sense that they look down
upon other central and state level and subordinate services. They tend to live in an ivory tower,
remote from the life experiences of the common people, lack in sensitivity to the basic needs and
issues of society and become a natural-ally of the upper class politicians, businessmen,
industrialists and big farmers who constitute the ruling class of society. They have evolve their
own culture, language, fads and fashions. The government servants conduct rules, classification,
control and appeal rules and several other acts and statutory laws are there to strengthen the
closedness of the upper class bureaucratic system.
9. Politicization
The process of politicization of the bureaucrats found its start just after the advent of
Independence; the reason for which should be traced in the prospects of mutual benefit realised
by both, while the politicians tried to use the bureaucrats for their political ends, the latter, in turn,
sought the patronage of the political chiefs for their own promotional avenues. It is on account of
the fact of political patronage that senior civil servants after their retirement have been given
international and distinguished assignments like those of a governor, ambassador and the like. On
the other hand, there is no dearth of instances to show that most of the eminent civil servants had
to go on premature retirement and that they got nothing after being out of service on account of
the fact that they did not enjoy the pleasure of the political chiefs. A good number of bureaucrats
had to bear the ordeal of transfers virtually amounting to their demotion particularly during the
days of emergency.NATURE AND ROLE OF THE ADMINISTRATION
585
Today the bureaucrats are so well entrenched in their key positions and power that they pick and
choose among political personalities, groups and parties. Politicization has taken place to such an
extent, that it is difficult, indeed impossible for a top bureaucrat to be totally apolitical or to
extricate himself from political-cum-policy cobweb. All considerations of merit and efficiency
are governed by the supreme test of loyalty to the political chiefs. Since the bureaucrats know it
well, they comprehend their notion of'neutrality' in the light of 'commitment' to the constitutional
machinery operated by the ruling party.
ROLE OF ADMINISTRATION IN INDIA
The government of India is a complex network of departments, bureaus, regulatory agencies,
boards and a host of commissions and autonomous organizations. Politicians head the
departments; bureaucrats assist them in administration of those departments. Key policy decisions
are made by the members of the cabinet and policy can be formulated only on the basis of
relevant information and data. This is made available by the secretary (Administrators).
India spends over Rs. 70,000 crore on its army of 1.9 crore public servants. But size has only delivered
sloth and corruption. The Government needs to be smaller and accountable.
The point is not just huge sum being spent. The point is that much of the expenses are wasteful as there is
little or no delivery.
The cost of a cabinet minister is Rs. 10 lakh a month, a secretary Rs. 8 lakh, an additional secretary Rs. 6.5
lakh while that of a CEO of a medium-sized private firm is Rs. 5 lakh.
The obsolete Ambassador is kept alive by the government which buys eight out of 10 cars manufactured by
Hindustan Motors.
The cost of foreign travel by Central Government employees works out to Rs. 2 crore per day.
The expense on an official car—driver, fuel, maintenance and capital costs—is Rs. 50,000 a month. A
rented car costs Rs. 11,000.
In 1997, the Fifth Central Pay Commission suggested a 30 per cent cut in Central Government jobs over 10
years.
Motto of the Babu : wages for attendance, overtime for work.
The British did not use the administration as agents of social change. Following independence
from the British and with the rise of the welfare state in India, however, the government became
actively involved in shaping the social and economic life of the country. Today the state has the
primary responsibility for rapid development through the democratic process. Accordingly, the
members of parliament and the Council of Ministers have set development goals. These
individuals are not experts, however; it is the bureaucrats who make recommendations for the
introduction of appropriate legislation to help achieve those goals.
Under the conditions the responsibilities of the bureaucracy have increased enormously. The
actions of the civil servants are expected to reflect the aspirations of elected representatives and
the bureaucrats themselves are expected to mobilise human and material resources to help
modernise the society. As a consequence "thanks to the growth of the governmental activities
resulting fromlife, the bureaucracy has emerged as the major locus of political power in the
central government." Despite their key administrative positions, however, the bureaucrats are no
longer the 'masters' that they had been during the British period. The real power lies with the
ministers, who often remind the members of the bureaucracy that they are public servants.
BUREAUCRACY AND DEVELOPMENTAL ADMINISTRATION
Since independence India has attempted to follow a planned system of development with the
public administration as one of the key instruments for spearheading the developmental efforts.
The Government sought to achieve growth with justice through a developmental model. All
public policies and governmental efforts were geared to the tasks of achieving developmental
goals. Planned development was meant to bring about the most rational use of existing resources
to create a developmental infrastructure in the industrial and agricultural spheres, urban and rural
areas. The state level administration is necessarily to be called upon to bear the brunt of the new
tasks so that it becomes an apt instrument for undertaking programmes of development.
The Indian administration suffers from numerous dysfunctional con- " straints. Firstly, our
bureaucratic culture is still dominated by the Colonial ethos which is greatly dysfunctional from
the point of required value patterns for development administration. The Indian bureaucracy is
still authoritarian, unresponsive and paternalistic in its public dealing to a great extent. Secondly,
it displays all the demerits of the Weberian model. It lacks dynamism and initiative and is best
suited for routine jobs. Developmental administration has to be result oriented, dynamic and
flexible in approach. Thirdly, the socio-economic background of the majority of Civil servants
makes them conservative and rigid.
It is not mechanical efficiency of the scientific management brand that is at the core of
developmental administration. Participation, responsive and accountable management constitutes
the essence of developmental administration.
In India revenue bureaucracy has been mobilised for rural development functions and the changes
and additions that have been planned since the start of the Community Development Programme
in 1952 are all built around it. India has been experimenting with rural development through the
bureaucracy for over five decades and every programme has revealed a familiar pattern of
bureaucratic neglect, defaults and distortions. In fact bureaucracy known for red tapism, division
of work, formalism, hierarchial arrangement of offices is considered a misfit in the developing
country like India where speedy change is needed to bring about socio-economic transformation.
As the government is the main institution through which the development goals are to be
accomplished in the changing, turbulent and unstable political environment of a democratic
framework in India, it is thought desirable that the officials engaged in developmental work
should be the kind who "emphasize results, rather than procedures, team-work rather than
hierarchy and status, flexibility and decentralization rather than control and authority. The
development administration, it has been argued, had to be outgoing and people oriented,
responsible to the new political pressures and possessing know-how to get along with politicians.
The qualities and personal traits of a successful-new administrator—tact, pragmatism, dynamism,
flexibility, adaptability to any situation and willingness to take rigid adhoc decisions without
worrying
NATURE AND ROLE OF THE ADMINISTRATION
587
too much about procedures and protocol have now become a well accepted theory of bureaucratic
capabilities in the developmental context of India.
Neutral or Committed Bureaucracy
We in India who have inherited the British model of administration, are familiar with the concept
of neutrality of civil services. Under the concept of neutrality, bureaucracy serves as a permanent
instrument of government under conditions of changing party control. Neutral bureaucracy has
been identified with various qualities like those of expertise, impartiality, stability and anonymity.
The concept of neutrality has three implications : (i) Public confidence in the non-political
character of the public service; (ii) Confidence of ministers belonging to any political party in the
loyalty of their permanent subordinates; and (iii) high morale of the public servants based on the
confidence that promotions would be made not on the basis of political considerations but on
merit.
The traditional concept of neutrality, however, has been challenged and it is observed that the role
of the civil servant has changed with a shift in the nature and purpose of the state from negative to
positive. The state, today, is engaged in creating a welfare society and it implies planned efforts.
This effort to succeed calls for a new type of positive-minded, action-oriented and humanely
inclined public official. Something more is needed to push the programmes on time. An
emotionally indifferent or 'neutral' civil service will fail to deliver the goods. In the words of
Cleveland "too much emphasis on neutrality would shift the whole government into neutral."
Maharashtra Chief Minister Mr. Manohar Joshi recently observed that the Sena-BJP performed
badly in the 1998 Lok Polls because of the bureaucracy. "It is the Maharashtra bureaucracy that
has killed the path of development in Maharashtra. They have sabotaged and killed 60 welfare
and development schemes....The bureaucracy will have to change its way of functioning." Chief
Secretary P. Subrahmanyam on the other hand said that the poll debacle could be political in
nature and could not be always linked to the performance of the bureaucracy. According to him,
"The bureaucrat is just doing his job. He will work with the framework of rules and regulations. It
is upto the government to make major changes in rules and regulations." 15
Bureaucratic performance has been criticized in India since in early days of economic planning.
Soon after assuming Prime Ministership, Jawaharlal Nehru criticised the civil servants as being
"fossilised in their mental outlook." Later day critic became more vociferous in singling out the
bureaucracy as the main cause of sluggish growth of the economy. It was argued that the conser-
vative and orthodox leadership of the ICS with its upper class prejudices was unequal to the task
of socio-economic change along socialist lines. "The creation of an administrative cadre
committed to rational objectives and responsive to our social needs is an urgent necessity." Prime
Minister Indira Gandhi at one stage, characterised the administrative machinery as the stumbling
block in the way of national progress and wanted "government servants with commitment—to the
development of the country and personal involvement in the tasks."
A rather unclear concept of 'committed bureaucracy' was born out of this debate over
unsatisfactory performance. It came to be looked at as an attempt *■« TDnto a 'nnlitiri«pH'
hiirpaiirrarv and commitment was interDreted in terms588
INDIAN GOVERNMENT AND POLITICS
her stand, Mrs. Gandhi emphatically denied that she wanted politically committed or servile civil
servants. What she meant was that the civil servants should be committed to the objectives of the
state and should have faith in the programme they are to execute.
If the concept of committed bureaucracy stands for the social sensitivity of the civil servant, it is
much better to have a committed civil servant than an insensitive, neutral one.
Conclusions
The bureaucracy in India has been under pressure from various directions. The introduction of
representative government has generated tension between the elected representatives and the
bureaucrats. These strains result from the differences between the culture to which the groups
belong.
Until 1947 bureaucrats were unaccustomed to taking orders from the popular representatives.
Now the situation is dramatically different. Civil servants face far greater pressure at the state and
local levels than at the national level. Before independence, for instance, a district officer was not
subject to any local control and his administrative powers were almost unrestrained. Now a local
MLA represents a major restraint on the district officer's administrative authority. An MLA's easy
access to the state Chief Minister makes him a powerful person in a district and forces the district
officials to yield to his pressure.
Despite increased political pressure, the relations between the members of the civil services and
the representatives and ministers have been improving. Both groups are learning to respect each
other's contributions to the governance of the country.
In sum, the civil services, however have undergone a subtle transformation. In addition to
performing its basic administrative functions, the Indian bureaucracy has become an important
tool for achieving the developmental goals set by elected representatives. Unlike the civil
servants in Pakistan and Bangladesh, Indian bureaucrats have become responsive to democratic
institutions and norms of behaviour. Efforts to politicize the bureaucracy have been only partly
successful, however. Indeed, its organizational solidarity has made possible a considerable
autonomy and professional independence.
REFERENCES
1. John J. Corson and Joseph P. Harris, Public Administration in Modern Society, McGraw Hill, 1963, p. 12.
2. M.V. Pylee, India's Constitution, 1967, p. 350.
3. S.R. Maheswari, "The. Civil Services in India", Indian Journal of Administrative Science (Madras), January-June,
1990, p. 2.
4. Ibid., p. 5.
5. M.V. Pylee, India's Constitution, 1967, pp. 359-60.
6. Myron Weiner, "India—Two Political Cultures," in Lucian W. Pye and S. Verba (eds), Culture and Political
Development, 1965, pp. 199-244.
7. Rumki Basu, Public Administration, 1990, p. 222.
8. Ibid., p. 222.
9. M.P. Sharma, Public Administration in Theory and Practice, 1987, p. 126.
10. Ibid., p. 361.
11. A. Avasthi and S.R. Maheswari, Public Administration, 1987, p. 284.
12. Quoted in C.P. Bhambri, Administrators in a Changing Society, Delhi, 1972, p. 24.
13. Mohit Bhattacharya, Public Administration, 1987, p. 215.
14. Baxter, Malik, Kennedy and Oberst, Government and Politics in South Asia, 1988, p. 142.
15. The Hindustan Times, March 19, 1998, p. 24.Chapter 46
NATURE OF THE PARTY SYSTEM
IN INDIA
"Party government", said Bagehot, "is the vital principle of representative government." "There is
no alternative to party government save dictatorship in any state of the modern size", says Prof.
Harold Laski and adds, "They are inevitable in a democracy."1 "No free large country has been
without them", says Lord Bryce, 'No one has shown how representative government could be
worked without them. They bring order out of the chaos of a multitude of voters."2 The political
parties are not usually a part of the government. "They are below or behind : they do most of their
work in the twilight zone of politics."3 They link the sovereign people to the legislature and the
executive. In fact, "the working of any system of representative government is in large measure
determined by the nature of the political parties which operate it."
Political parties are the most significant mechanisms in a democratic government, though they
function informally. They both express and form public opinion. They are the chief mechanism of
informing and influencing the electorate. Organisation and mobilisation of the electorate is an
important function of these parties. They shoulder the responsibility of government if they get the
support of the people. In Parliamentary system, the majority party forms the government and tries
to implement the policies outlined in its election manifesto. The minority party has to play the
role of opposition. Political parties very often become the chief force for modernisation, and the
chief agency for political education and socialisation. They help in breaking down traditional
behaviour and act as the binding force in communities divided by groups based on tribal
affiliation, religious denomination or national origin. Thus, they help the people to identify and
articulate their interests. They discover, recruit and train personnel both to man the parties and to
provide leadership to the government.
The generally accepted classification of the party system is between the two party system, the
multi-party system and the one party system.
The two party system can be said to exist when (a) there are only two parties sufficiently strong
to win the major party of the electoral vote and to exercise political control, though other parties
may exist but without such influence as to be effective; (b) the major parties alternate in the
exercise of power. Great Britain and the USA have the two party system. The great advantage of
the two party system is that it can produce both the party in power and also a powerful opposition
of which the party in power must always be conscious.
The multi-party system is one in which there are a number of political —i.j— ™,v™ nr loco
nnwerfnl. but where no one party is able to obtain a590
INDIAN GOVERNMENT AND POLITICS
,1
majority of seats in the legislature. Almost by definition, the multi-party syste: leads to conditions
of government instability, though the number of parties not in itself a cause of disequilibrium.
The countries on the Continent (< Europe) have the multi-party system.
In one-party system there is one party which is party in power, which eitht dominates all other
groups trying to absorb political opposition, or suppress^ all opposition groups. The basic
function of the party appear to be—recruitin candidates, conducting elections, operating
governmental apparatus an providing political leadership.
There are three variants of the one party system. The first is where, o principles, only one party is
recognised. No other party is allowed to operatf Such was the case in the former communist
countries like the USSR, Yogoslavi and other East European States. The second variant is where
one party prevail by restricting opposition parties or absorbing them. In many newly liberate!
states like Burma, Kenya, Egypt and Ghana, composite governments wer formed but one of these
came to dominate the rest. These are not totalitariai dictatorships in the full sense of the term, but
they are authoritarian regimes Many of the devices for curtailing civil liberty and forcing
compliance operat in these countries. But the governments choose to implement permissivi
policies that allow the citizens some freedom to criticise the governments o suggest alternate
proposals. Various arguments are put forward in defence o such one-party governments, namely,
that such a system is necessary to obtaii national unity, liberalism is unsuitable for new nations,
voters become th< slaves of elected representatives who plead their own special interests, and i
strong government is necessary for the security of the state for economii development. As a
matter of fact, the actual operation of most of such govern ments has meant government support
of the official party, a small role ol economic groups, censorship and severe limits on free speech,
denial of elementary rights, prison for political opponents and often corruption.
The third is the dominance of the party. This is a system under which one-party continue to
dominate the political life continuously for years or decades. Other parties are allowed full
freedom to operate and to propagate their views and also to contest the elections. But these parties
remain so weak or ill-organised that only one party continues to rule for years together. Such was
the case with the Congress Party in India until March 1977. Since India attained independence in
1947, the Congress always possessed an absolute majority in the Parliament, though it never
polled over 50 per cent of the votes in the elections. The Congress Party had a strong countrywide
party organisa tion, reaching into the remotest villages. It had inherited the legacy of th<
leadership of the freedom movement. It was fortunate to secure the charismatii leadership of
Jawahar Lai Nehru who was a national hero. But, more impor tantly, the Congress had held
regional and sectional interests together and its programme was moderate but flexible enough to
accommodate the various demands of the sections whose aspirations were rising. It never adoptee
ideologically extreme position. In contrast, the opposition parties could not builc themselves up,
for all interests were accommodated in the Congress Party. The Congress programmes reconciled
rural and urban interests, agicultural and industrial interests, cottage industries and heavy
industries, the traditional and modern; in fact, it performed the essential functions of obtaining
consensus and integration.NATURE OF THE PARTY SYSTEM IN INDIA
591
One unique feature of the Congress Party in India was that it had become a virtual coalition of
different viewpoints. So that it contained the opposition within itself. Even though it was one-
party dominant system, it retained all democratic devices and institutions (except during the
emergency of 1975). There was, therefore, no real scope for opposition to build up.
Classification of Political Parties in India
In terms of geographical spread there are four types of Parties—All India parties, trans-regional
parties, regional parties and local parties. In terms of orientation, there are parties of left, right,
centre and leader oriented parties. Among the left there are communist parties and socialist
groups, among the right there are traditional parties formed around religious community and
caste.
In 1953, Pandit Nehru made an interesting comment on the party situation in India :
"The parties, as they exist in India today, apart from the Congress, may be divided into four
groups. There are certain political parties with an economic ideology. There is the communist
party with an allied organisation. There are the various communal parties under different names
but essentially following a narrow communal ideology, and there are a number of local parties
and groups having only a provincial or even narrower appeal."5
Thus, according to Nehru, political parties in India can be classified into four major groups : (i)
Parties based on economic ideology; (ii) Communist Party; (iii) Communal Parties; and (iv)
Local Parties.
We may further classify Indian parties in the following way :6
1. All-India Political Parties
All-India political parties have been officially defined as those national parties with broad-based
national support and able to win at least six per cent of valid votes polled in any four or more
States at the general elections to the Lok Sabha or to the Legislative Assembly and in addition
win at least four seats in the Lok Sabha from any State or States.
The other criteria is that a political party wins at least two per cent seats in the Lok Sabha from at
least three different States. There should be a minimum of 11 MPs among the 543—directly
elected representatives, thereby giving weightage to party presence in the Lok Sabha.
. These parties present national platform and emphasize national issues in the parliamentary
elections. Since the second general election to the Lok Sabha in 1957, the Election Commission
of India has recognised several parties as all-India parties on the formula that they should have
secured not less than 4 per cent of the total valid votes in the previous general election, at least in
four states. Hence the number of recognised all-India parties have varied from 4 to 9 from 1957
to 2004. Only during the first general elections in 1952, parties claiming to be all-India were 14.
Presently, there are six recognised National Parties. These parties draw support from different
segments of the society and put up their candidates across state lines.
2. Regional Parties
The second group consists of regional parties, which clearly represent sub-regional nationalism
based upon the common language, culture and history ,.v ^ T-omrvn TVIRRR narties try to
aggregate regional interests regardless of thecaste and religious affiliations of their members. Their
power base and voting strength are confined to a particular geographic area. The following are the best
known regional parties : DMK and ADMK (Tamil Nadu); Telugu Desams (Andhra Pradesh), the National
Conference (Jammu & Kashmir), Shivsena j (Maharashtra), Rashtriya Janta Dal (Bihar), Biju Janta Dal
(Orissa) and Assam' Gana Parishad (Assam).
3. Communal Parties
The third group includes those parties and organisations that are exclusive in their membership; that is, they
accept as members only those inhabitants of a particular religious or ethnic community. They seek to
protect and promote the interest of that particular community alone, are basically non-aggregative in their
nature, and generally mobilize their supporters by appealing to their particularist sentiments. The following
parties fall into this category : Muslim League (Kerala) and Akali Dal (Punjab). 4. Ad hoc Parties
The last group of parties consists of those organised around powerful persons or local and state issues. Such
parties may not survive very long; some may appear only for a short period and then disappear completely
or merge into other parties. The Bangla Congress, the Kerala Congress; the BKD of Charan Singh are some
examples of such ad hoc parties.
SALIENT FEATURES OF THE PARTY SYSTEM IN INDIA i
India has a large number of political parties without a well-developed party system. The culture of
populism has taken precedence over party based programmes and individuals have become the pivot of
parties. Almost all the parties are faction-ridden and have lost their credibility. The party system in India is
in the process of making and its distinctive features are as following: 1. One party Dominance System
Prof. Rasheeduddin Khan observes, "India's Party system has been unique. It had revolved around the
Indian National Congress Party; hence it has been often described as a dominant one party system. There
has been a plurality of parties, but that did not make the Indian Party system a multi-party phenomenon. It
reflects rather an environment of multi-party situation with.] the congress, despite the rise and fall in its
electoral support, remaining a j dominant single party."
The party system operating in India does not conform to the two party system of Britain and the USA. At
the same time, it is basically different from the multi-party model of countries like France and Italy because
one of India's several parties has over-shadowed all others by having dominated the political scene ever
since independence. The Congress system emerged after the country had attained independence. From 1947
to 1967 and from 1971 to 1977 as well as from 1980 to 1989, this system was at the centre of Indian
Politics, spanning three distinct stages in its post-independence development. The first phase (1947-1967)
was the period of the Congress system; the second phase (1967-1977) was characterised by the decline and
disintegration of the Congress system and the consolidation of power by a small oligarchy; and the thrid
phase (from 1977-1989) witnessed the development of a new system, which because of its domination by
Indira Gandhi became known as the Indira Congress or Congress (I). Until its rout in 1967, 1977, 1989 and
1996 elections, the Congress Party exercised a monopoly of power at the centre and, with a few exceptions,
has been in control in most of the states.NATURE OF THE PARTY SYSTEM IN INDIA
593
Rajni Kothari prefers to call the Indian Party System as 'One Party Dominance System' or 'the
Congress system'.7 He asserts that the Congress Party, based upon a broad consensus, was able to
accommodate diverse interests and factions within its fold. These factions competed with each
other but usually reached compromises without creating any breakdown of the system. The
opposition parties worked outside the system and used the factional leaders of the Congress Party
to influence its policy decisions. These parties acted as pressure groups and frequently created
informal alliances with the factional leaders of the ruling party. The Congress system showed
remarkable flexibility and accommodation in withstanding the pressure from within its own ranks
as well as from the opposition groups. Often the programmes, policies and even personnel of the
oppposition parties were absorbed by the Congress system, thus leading to the strengthening of
the one party system in India. This system operated during Nehru's as well as Indira Gandhi's
leadership of the Congress Party.
2. A Multi-Party System
Since the disintegration of the consensus-based Congress system in 1967, the Indian parties have
fit the category of a multi-party system. "Since 1967 a multi-party situation had emerged, both in
the centre and the state, without becoming a formal multi-party system, due to the continuance of
effective dominant Congress party rule at the federal level till 1989 (except for two and half years
in 1977-79)." The Congress party itself is a coalition of diverse interests, factions, groups and
individuals. It has rarely been able to capture more than 50% of the votes, the remainder of which
have been won by the opposition parties. At the state level the dominance of the Congress Party
is frequently contested by regional and local parties. In some States, as in Tamil Nadu, Uttar
Pradesh, Bihar and West Bengal, the Congress has been virtually eliminated as a major political
force.
3. Weakness of the Non-Congress Parties
Another important feature of the Indian Party system, until the fourth general elections, was the
absence of an effective opposition. The non-congress opposition in India constituted of various
divided, even antagonistic groups which were fundamentally and ideologically opposed to each
other. The main drawback of the non-congress opposition in India was that it has been divided
and weak. It was not one opposition, but many oppositions, consisting of many groups and
independent individuals. These groups and individuals had different policies and programmes.
The fourth general elections resulted in an increase in the strength of non-congress opposition
parties. But since the number of these parties remained large and no party could hope to form a
government at the Centre or in most of the States, a new element of instability was introduced
into Indian politics. In the years following the fourth general elections, we saw the rise and fall of
coalition governments based on opportunistic alliances.
4. Reliance on powerful personalities
Although the parties have been able to build organisational structures, they rely heavily on certain
charismatic and powerful personalities or community and religious leaders. In fact, we find
highly personalised and centralised style of leadership in our country. It is well-known how
desperately the ADMK in Tamil Nadu continued to cling to M.G. Ramachandran and the m n — ^
—— ;" A-n/i>.T.Q Pr^rlpsh to N.T. Rama Rao, despite their serious594
INDIAN GOVERNMENT AND POLITICS
ailments. The basic reason for this strength of the leaders is that their parties] depend on them for
their existence.
5. Lack of Ideological Commitment
Despite their emphasis on ideological commitment, the raison detra of all political parties in
India has been to capture power. And for that they have been too willing to sacrifice an ideology.
In the recent years even the CPI(M) and the BJP have started addressing more to current issues
than to ideology, more to politics than to political doctrine. In India politics has become issue
oriented rather than based on ideology. The existence of the National Front Government at the
centre was a candid example of issue oriented politics which got support from the extreme left
CPI(M) to the extreme right (BJP). Since 1971, elections have been won not on the basis of the
inherent strength of the ideology of a political party but on the basis of issue of immediate
concern to the electorate.
6. Emergence of Regional Parties
In India, several all-India parties have suffered in strength and regional parties have grown in
number and influence. Thus, Tamil Nadu has become a stronghold of the DMK followed by the
ADMK; the Punjab is dominated by the Akali Dal; Assam has been ruled by the AGP; Jammu &
Kashmir is governed by the National Conference and Shiv Sena has emerged a powerful force in
Maharashtra politics. Some regional parties such as the DMK, Shiromani Akali Dal and National
Conference emerged soon after the country's independence. Others like Telugu Desam,
Samajwadi Party and Assam Gana Parishad are recent arrivals on the political scene. Currently 15
of India's twenty-eight States—Assam, Sikkim, Tamil Nadu, Orissa, Uttar Pradesh, Bihar,
Haryana Goa, Andhra Pradesh, Mizoram, Meghalaya, Manipur, Maharashtra, Punjab,'; Jammu &
Kashmir have powerful regional or state parties. These parties articulate and seek to defend a
regionally-based ethnic or religio-cultural identity.
7. The Common Socio-economic Background of Party Leaders
There is a remarkable similarity in the socio-economic background of the leaders of the various
political parties of India. Most of the leaders of the non-congress parties who left the Indian
National Congress originated from the same strata of the society, had the same type of
educational background and shared the experience of the freedom movement. Most of them
originated in the upper or upper-middle classes. Most were educated in the West or in schools in
India that followed a Western curriculum. This was true for the leadership of both the Congress
and the parties of the ideological left or right. The middle class and the landowning upper and
middle castes still dominate the parties.
8. Factions within the Parties j
All political parties tend to be factionalised. In non-communist parties the faction leaders tend to
be community, caste or religious leaders who have skilfully built-patronclient relationship among
the members of different castes or communities. Such factional leaders view among themselves
for political influence within the party and the government, entering into political alliances with
one another in order to keep their political rivals out of power. Most of these factional alliances
are non-ideological; they also tend to shift a good deal, thus keeping the parties in a state of flux.
In the communist parties, on the other hand, ideological considerations frequently lead to faction
formation, although personality, caste or regional affiliations can also play divisive roles despite
the adherence of these parties to a common ideology.NATURE OF THE PARTY SYSTEM IN INDIA
595
9. Distinctive Party Systems in the States
The operating model of party system'in the constituent States of the Union is different from the
model operating at the All-India level. In fact, each State in the Indian Union has its own party
system. Some of the States have had multi-party systems in which the BJP has been dominant
(e.g., Uttar Pradesh, Delhi, Madhya Pradesh, Gujarat, Rajasthan); in some like Punjab, West
Bengal, Tamil Nadu, Jammu & Kashmir the competitive two-party system has emerged. There
are some States in the Indian Union where there have been multi-Party systems with several
strong parties.
10. The use of extra-constitutional means to power
Although electioneering and campaigning is an effort to capture a maximum number of seats in
public offices are said to be the main functions of the parties, very few parties are able to make a
respectable showing using only these legitimate methods. As a result political parties of all
ideological persuasions frequently try to exploit political or social discontent to their advantage.
They do not hesitate to use such non-parliamentary means as civil disobedience, mass
demonstrations, strikes and protest rallies to embarrass the party in power and some of these
tactics may become violent.
EMERGING BIPOLAR PARTY SYSTEM
With no party having obtained a clear majority, the election results of 1989, 1991, 1996, 1998,
1999 and 2004 show that India is managing the difficult transition from dominant party
democracy to a different but stable dispensation for more swiftly. Single party dominance was a
product of the overwhelming supremacy of the Congress in the decades after India became
independent. When, as far back as 1967, the Congress began to lose its dominance the great
question in everyone's mind was, what kind of party system would replace it when it lost its
dominance. In the sixties and early seventies, when the prospect seemed sufficiently distant, most
of the intelligentsia assumed that single party dominance would give way to some form of two
party system not unlike that of Britain. However, as the years passed, this remained elusive.
Not only were the non-congress parties unable to cobble together a viable alternative, but by the
early eighties the search for one had been further complicated by the rise of a large number of
ethno-national-political parties with strong and durable bases in a single state. This completed a
transformation of Indian politics that put a two party system forever beyond reach.
With the Congress too continuing to lose ground, it became clear that at the Centre Coalition
Governments had come to stay. The question the country then faced was could such coalitions
give a strong enough government to maintain the Centre's ascendancy over the states—something
that was necessary to maintain India's cohesion and sense of national identity. The experience the
country had with 18 months of government by the United Front was anything but reassuring.
Mrs. Sonia Gandhi's entry into active politics has brought the Congress back as an alternative to
the one led by the BJP. Before she began to campaign for the party, it was visibly falling to
pieces. But by stepping in, she stopped the disintegration. As a result in the states where the
Congress had not splintered, and therefore still had an intact party organisation, its share of the
vote rose. This has enabled the Congress to replace the United Front as the second 'pole' of Indian
politics. It is the United Front, that is splitting, the final shape of politics is therefore well in
sight: the dominant party democracy of the

1 596
INDIAN GOVERNMENT AND POLITICS
past five decades is on the point of being replaced by two national coalitions, one somewhat to
the Right with the BJP at its core, and the other to the Centre—Left led by the Congress. 8 The
whole process is completed with the emergence of United Progressive Alliance (UFA) in
comfortable position just after the declaration of the May 2004 Lok Sabha election results. India
thus have completed the transition from dominant to bipolar democracy in 15 years, and entirely
through the ballot box.
In his first major reaction after his party lost to the Congress in Delhi, Rajasthan and Madhya
Pradesh (November, 1998), senior leader and Home Minister L. K. Advani identified a positive
aspect in the emergence of the BJP and the Congress as two poles of the Indian polity. Now under
the leadership I of Mrs. Sonia Gandhi the Congress has moved to the centre stage and the
scenario is moving towards a bipolar polity.
THE PROBLEMS OF POLITICAL PARTIES IN INDIA
The political parties in India face many problems. The major problems are ; organisational
problems, the problem of indiscipline and the problem of finances.
1. Organisational Problems
The inherent nature of social order in the country increases the problems of political parties. India
presents a traditional, stratified social order. Religion, caste and many other cultural factors
dominate the minds of the people and purely ideological politics is something difficult in the
given context. To run purely secular organisations is much more difficult and hence the parties
resort to informal tactics in increasing their appeal.
Factionalism, which is a pervasive feature of the Indian political system, poses another major
hurdle in the way of effective organisation of parties. The Congress party itself has witnessed for
major splits in five decades. There are three communist parties—the C.P.I., the C.P.I. (M), and
the C.P.I. (M.L.)—which arose out of factional politics in the Communist Party of India.
Regional parties like DMK, ADMK and Akali Dal have also witnessed splits. The parties are
therefore riven with factions. The country saw in 1982, 3 Congress parties, 3 Communist parties,
2 Janata parties, 2 Lok Dal, 2 Muslim Leagues and countless small state parties. Except the two
Communist parties which are cadre-based and to an extent BJP, no other political party has had a
strong organisational structure. Factionalism is thus a problem in all political parties and mere
personal differences lead to splinter parties. This destroys the chances for any long-term
perspectives in the organisation of political parties.
2. Defections
The weakness of central leadership in the case of almost all parties is symptomatic of the erosion
of party discipline and party loyalty. This erosion is highlighted by a disturbing feature of our
democracy viz., the phenomenon of defection. The Fourth General Elections in 1967 witnessed an
alarming increase in the number of defections in the country. These defections were responsible
for the fall of no less than 16 governments in the period between 1967 and 1968. Of the 3,500 and
odd members of the Legislative Assemblies, more than 500 changed their political affiliations,
which came to one out of each seven. Defections erode political stability in the country and
disturbs the evolution of viable party system.
3. Absnece of Inner Party Democracy
Over the last fifty years of Independence, no political party has been able to observe the basic
norms of inner party democracy. The authority in organiza-NATURE OF THE PARTY SYSTEM IN INDIA
597
tional matters has always been from the top to the bottom through successive layers of party
structures. Leaders of political parties in Independent India have not always emerged through a
process of democratic elections and promotion from the lower levels to the higher and the top.
Thus leadership in most political parties in India may be democratic in appearance but highly
oligarchic in reality. Frequent rifts between the National and State party organizations in almost
all national parties suggest that highly integrated party structures may soon no longer be
appropriate and we may be led to the realisation that a national party should not be over-
centralized, still less personalized. Fear of party disintegration has led many political leaders to
worry about preventing it from being reduced to the status of a State or regional party. Strong
leaders with support from their States have been by-passed in favour of loyalists. Instances are
galore when the party presidents have appointed party chiefs in the States just before the
organizational elections were to take place despite the protests of the central election authority
chairmen. Even when the elections to State party chiefs were to take place after a gap of almost
two decades, the President of the party was "authorized" to nominate a majority of the State party
chiefs. These trends are likely to boomerang on the party's strength and capability. A modern
party is a public institution, not a personal fief. Without intra-party elections, without ministers
who enjoy strong regional support, and without the encouragement of a variety of opinions,
political parties are like to witheraway.
Undemocratic parties cannot contribute to constituional and democratic government. It is
suggested by some scholars that enforcement of party constitution through legal and judicial
action may be necessary. Regular organizational elections should be mandatory. In order to
control bossism in parties, many analysts have suggested the introduction of a more democratic
process of nominating party candidates by a primary election by the party membership. An
alternative suggestion is to authorize each local party unit to have a significant say in nominating
the party candidates in that area for legislative offices.
4. Representation of Women
Political parties cannot remain indifferent towards women who constitute nearly 50% of the
electorate. Although almost all parties have attempted to build women organizations to secure
their support and make their organization more broad-based, but in practice they have fielded
much less proportion of women candidates in the elections giving them proportionately much less
representation in the legislative bodies than their actual population strength. In recent times this
has been a matter of crucial concern in view of the controversy over reservation of 30% or so of
the seats in these bodies.
5. Training of Members
Training and orientation of new members is one of the important functions of political parties.
The parties which are organized on the model of cadre party systematically develop appropriate
agencies of training for members. But most Indian parties, except for the Communist parties and
the BJP have not followed this model. Parties in India do not have a permanent system of training
of their members and whatever arrangements for training are done on ad hoc basis by -j-^^oi nr
state level organization.598
INDIAN GOVERNMENT AND POLITICS
6. Need for Funds
To perform various functions and contest elections in an effective mam every political party
requires huge funds. Apart from expenditure of of establishment, full time-workers, agitations,
propaganda and travel, par! have to organize election campaigns. But the financial matters of
party are h secret while other aspects of organization are known to people. Very little known
about finances of political parties. In fact, secrecy is maintained ev within a party. Only a few
leaders at the higher level know the truth about t total funds and expenditure. Parties do not
publish statements of accouni income and expenditure, though financial matters are discussed at
conventioj and conferences or in meetings of higher bodies like working committee or tl
executive committee. Many political parties and candidates have been found I be using dubious
methods in raising funds, like kickbacks, funds from foreig countries and even from donations by
mafia gangs and other non-desirabl elements. How to let the parties get honest funding from
legitimate sources fo their basic and continuing political activities has emerged as one of the mosi
crucial contemporary concerns of the reform agenda in respect of the functioning of political
parties in India.
Most observers of political scene have stressed the need to ensure accounting and auditing of
party finances at various levels of party organization, Transparent sources of party finances are a
must. _
7. Lack of Ideology and Values in Politics
There has been a very sharp erosion in the ideological orientation of j political parties. Party
dynamics in India has led to the emergence of valueless j politics much against the ideals of the
father of the nation, Mahatma Gandhi, who suggested that the Congress party should be
disbanded after the achievement of Independence and its members should engage themselves in
the service of the people. While Gandhiji taught us tremendous selflessness, self-sacrifice and
service to the people, such inspirational values, the democratic norms and institutions have been
destroyed systematically over the last fifty years of the working of the Constitution. In the
process, both the politicians and political parties have lost their credibility, the ultimate value that
should bind them with the masses. There seems to be a crisis of character amongst the politicians,
as the system does not encourage the honest leader. Because of the falling moral standards both in
the public and among the leaders, criminalisation of politics and politicization of criminals has
become the norm. Due to degeneration of leadership, parties have been entangled in power
struggle for the sake of j personal ends.
In a moral pursuit of power politics, every major player seems to be playing \ a no holds barred
game. Astronomical sums of tainted money have come to play an important role both in the pre
and post-election scenario. The entry of] criminal elements within the folds of political parties
and later their elevation to the portals of peoples representative chambers and the executive
positions of ministers have resulted in an environment of declining moral standards of public life
and the emergence of value-less politics for personal gains. Unfortunately this trend has
penetrated to all walks of public life and no political) leader or political party seems to care for
value-based politics and upholding of J moral standards. The Gandhian value of the spirit of
service to the nation hasj become completely extinct from the present day politics. So
untrammelled by j moral values has politics become that there are instances of the importance and
I claim to high office of a politician being measured not in terms of what he canJ NATURE OF THE
PARTY SYSTEM IN INDIA
599
contribute to the state or public weal, but the size of the funds he can covertly raise and the
necessary 'criminal' power to win elections he can provide.
8. Leadership Quality
The older political leadership had risen from the ranks. The rise was neither sudden nor irrational,
and their adherence and commitment to party ideals and ideology was unflinching. They
respected party discipline. The present day political leadership seems to be in a tremendous hurry
to reach upto the top, and is not averse to use short cuts, dubious methods, money or muscle
power to achieve their objective. The entry of the toughs and persons with criminal background
to the portals of the legislature is a very serious consequence of these trends.
Such incumbents thrive on the use of their muscle power or aggressive instance to disrupt or
withhold the proceedings of the legislature for days on thereby causing a tremendous drain on the
public exchequer and the valuable time of the House. The result is that the more important issues
facing the nation do not get discussed or passed and policy making and the process of good
governance suffer.
Conclusions
The first decade of the 21st century saw a sharp rise in political mobilization on the basis of
social cleavages based on ascriptive identities, in particular of religion and caste. Casteism,
Communalism and Personality Domination have been the main planks around which the
fragmentation of political parties has taken place, which has resulted in more caste and class-
based political violence in the society. Political parties have invariably exploited these sentiments
for gaining electoral support and political mobilisation of the voters.
There was another significant development after the 1989 elections affecting the party system.
The coalition politics gained a new trend : Parties tended to lend support to Government from
outside without formally joining it, thus ostensibly sharing power without assuming any
responsibility. Article 75(3) only says that the Council of 'Ministers shall be' collectively
responsible to the House of the People. The manner in which this condition is met from coalition
partners or from those outside it, is of no constitutional significance. However, the experience of
government formation with outside support both at the national and state level has invariably
created instability in Indian politics. A corollary to these developments has been emergence of an
environment of 'blackmail' within the party alliances, where not only a minority government or an
alliance of parties felt insecure to implement its minimum election programme or policies but
also faced considerable hindrances in taking hard executive or routine administrative decisions in
matters of appointments to council of ministers or representing a particular interest, constituency
or any party's viewpoint in any policy move.
REFERENCES
1. Harold Laski, Parliamentary Government in England (London, 1959), p. 99.
2. J. Bryce, Modern Democracies., Vol. I, p. 125.
3. Munro, The Governments of Europe (New York, 1963), p. 227.
4. Ogg and Zink, Modern Foreign Governments, p. 295.
5. The Hindustan Times, March 19, 1953.
6. Baxter, Malik, Kennedy and Oberst, Government and Politics in South Asia (1988), p. 103.
7. Rajni Kothari, 'Congress System in India,' Asian Survey, Vol. 4, No. 12 (December 1964), pp. 1-18.
o T.-----en,.,.,!™ Tka "Tnw^rHs a hinnlar Bvstem.'T/ie Hindustan Times (New Delhi), March Chapter 47
THE PARTY SYSTEM IN INDIA
NATIONAL PARTIES
Political parties and the party system in India have been greatly influenced by cultural diversity,
social, ethnic, caste, community and religious pluralism, traditions of the nationlist movement,
contrasting style of party leadership, and , clashing ideological perspectives. The two main
categories of political parties j in India are National and State, and are so recognised by the
Election Commis- j sion of India on the basis of certain specified criteria.
1
|, ^^-------- Recently the Election Commission amended
the election symbols order modifying the criteria for recognition as National and State parties.
A political party shall be eligible to be recognised as a national party if it secures at least six per
cent of valid votes polled in any four or more States at the general elections to the Lok Sabha or
to the Legislative Assembly and in addition win at least four seats in the Lok Sabha from any
State or States.
The other criteria is that a political party wins at least two per cent seats in the Lok Sabha from at
least three different States. It clarified there should be a minimum of 11 MPs among the 543—
directly elected representatives, thereby giving weightage to party presence in the Lok Sabha.
The Commission said, the amendment has
infused five principles which in its view should govern the polity in the country. One, that
legislative presence was a must for recognition as a National or State party. Second for a national
party, presence in the Lok Sabha and for a state party in the Assembly, third, that in any election
a party can set up a candidate only from amongst its own members, fourth was to grant six years
time to a party that loses its recognition to retain the symbol and finally, that recognition be given
only on the basis of own performance in elections and not because it is a splinter group of some
other recognised party.
The revised criteria for recognition shall not be applied to the detriment of any of the existing
National and State parties, the Commission said adding that the current status under the pre-
revised criteria shall continue till it is modified after any future general elections to the Lok Sabha
on State Legislative Assemblies.
On August 18, 2004, the Election Commission has served notice on the Communist Party of India
(CPI) to show cause why its recognition as a national party status should not be withdrawn on the
basis of the party's performance in the recent Lok Sabha polls.
At present the CPI has 10 MPs in the Lok Sabha and has secured 6 percent votes in Kerala and ManipuTHE
PARTY SYSTEM IN INDIA: NATIONAL PARTIES
601
At the time of the 2004 General elections, there were six National Parties and 40 State Parties,
recognised by the Commission.
National parties are all-India parties. They drew support from different segments of society and
put-up their candidates for parliamentary elections across state lines. The Indian National
Congress, the Communist Party of India (CPI), The Communist Party of India (Marxist), the
Bharatiya Janata Party, Bahujan Samaj Party and National Congress Party were major recognised
national parties at the eve of 2004 general elections. The list of recognised parties is revised after
every general election, taking into account the number of votes polled by them. Presently, there
are six National Parties.
TABLE 1 NATIONAL PARTIES
1. Bharatiya Janata Party BJP
2. Communist Party of India CPI
3. Communist Party of India (Marxist) CPM
4. Indian National Congress INC
5. Nationalist Congress Party NCP
6. Bahujan Samaj Party BSP
THE CONGRESS : IDEOLOGY AND SOCIAL BASE
The Congress 'system' emerged after the country had attained independence. The Congress was a
'grand coalition', with great historic antecedents and itself representing the Indian nation in most
of its essentials.2 From 1947 until it broke-down in 1967, this 'system' was at the centre of Indian
politics, spanning three distinct stages in its post-independence development. The first phase
(1947-1967) was the period of the Congress system; the second phase (1967-1977) was
characterised by the decline and disintegration of the Congress system and the consolidation of
power by a small oligarchy; and the third and current phase (From 1978 on) witnessed the
development of new system, which because of its domination by Indira Gandhi became known as
Indira Congress or Congress (I).
Emergence of the Congress (I)
The Congress (I) as a political party emerged after the 1978 split of the Congress Party forming
the two Congress—one led by Indira Gandhi and the other by Swaran Singh (later by Dev Raj
Urs and Sharad Pawar). In 1977 Lok Sabha elections the Congress won 34.5 per cent of votes and
154 seats, in contrast to the 43.7 per cent of the votes and 352 seats it had won in the 1971
elections. Indira Gandhi even lost her seat in Parliament. This resulted a split within the party,
leading to the emergence of the Congress (I). Many of the old and experienced leaders left the
party, blaming her for its humiliating defeat in the elections. As a result the new party—Congress
(Indira) became completely identified with her personality. Many of the party's top decision-
making agencies, such as the Congress Working Committee and the All-India Congress
Committee lost their powers. Similarly, state party organisations were brought under her direct
control, as was the presidency of the Congress Party, given that she had picked the top
functionaries. She built a pyramid like organisation that was run by she or her henchmen. Under
Indira's leadership the Congress Party simply became an instrument of personal power. She also
sought to use the organisation for dynastic succession. First she groomed Sanjay, her younger
son, to take over the leadership of the party, but after his accidental death in602
INDIAN GOVERNMENT AND POLITICS
Support Base
In a profile of the Congress based on a survey of the Indian electorate, D.L. Sheth emphasizes the
broadly aggregative character of the party, but concludes \ that there are certain segments of the
population that lend their support disproportionately to Congress. According to him its supporters
consists more ! of the middle aged and old voters and less of the young voters; it has a slightly
higher proportion of illiterates than highly educated voters; more rural supporters than urban
supporters. Its occupational and caste base is fairly diversified, with slightly greater supports from
middle caste groups and Muslims. Its economic base is also very broad based, with slightly less
support from higher income groups. In 1980, Mrs. Gandhi succeeded in building the electoral
coalition of the Brahmins, Muslims, Harijans and big business and won the Lok Sabha elections.
Mrs. Gandhi's assassination and the consequent development on the eve of 1984 election,
considerably widened the support base of the Congress. Somehow, the base of the Congress is
again shrinking. In 1989 both Muslims and scheduled castes deserted the party.
After the 1989 elections the Congress (I) is mainly confined to the South, with just a few fast
shrinking islands in the north.
Electoral Performance
In the 1980 Lok Sabha elections the Congress (I) polled 42.7% of the votes and won 353 out of
539 seats. In June of the same year, Indira Gandhi called election to state legislatures and the
Congress (I) captured power in 15 out of 22 States. The return of the Congress (I) to power in
1980 was attributed to the failure and eventual disintegration of the Janata Party coalition that had
captured power in 1977. Assisted by her son Sanjay, she selected only persons of proven loyaltly
to the Nehru/Gandhi family to run for Parliament. She especially sought to reward those political
cronies who had stood by her during the period in which she had been out of power;
administrative skill and parliamentary skill did not matter. In addition to these elements, many
persons of dubious character and criminal backgrounds entered into the Congress Party. In the
1984 Lok Sabha elections following the assassination of Indira Gandhi, the Congress (I) won
with a record setting vote, capturing around 48.1 per cent of the popular vote and 415 Lok Sabha
seats—a feat unmatched in the history of free India. The key issue in the 1984 election was the
threat to national unity. The Congress (I) under the leadership of Rajiv Gandhi swept all the
States in the Country except Andhra Pradesh, Jammu & Kashmir and Sikkim. In 1989, the
Congress (I) won only 197 Lok Sabha seats and its popular vote also fallen from 48.1 per cent in
1984 to 39.5 per cent. The Party in 1991 Lok Sabha elections polled 36.5 per cent votes to win
232 seats out of 492 it contested. In U.P. the Party got only 18 per cent of the votes—that even
the fragmented non-congress votes were large enough to push the Congress into third place. In
1996 Lok Sabha elections, the Party secured 28.8 per cent votes with 140 seats. An all-India
negative swing of over 8 per cent from a rather modest vote share in 1991 sealed the fate of the
Congress. This time U.P. was joined by Bihar in the list of those States where the Congress has
reached the point of no recovery. The Party has obtained only 25.82 percent of votes polled with
141 seats for the Lok Sabha elections of 1998. The Congress faced its greatest humiliation in
Uttar Pradesh and Bihar Lok Sabha elections of 1998 because it could not win a single seat in UP,
and in Bihar it succeeded because of the shoulders provided by Laloo Yadav of the RJD. In 1999
the congress is faced with the awkwardTHE PARTY SYSTEM IN INDIA: NATIONAL PARTIES
603
realisation that under Sonia it has won 114 seats (with 28.4% votes)—27 less than what it did
under Sita Ram Kesri in 1998.
The results of the May 2001 Assembly elections have come as a shot in the arm for the Congress
(I). For a party starved of electoral success lately and reduced to playing a peripheral role, the
results have put it back on centre stage. Now with governments in 16 States the party can claim to
being the premier national party with a presence in every State. The party's geographical spread
covers every region of the country. It has managed to reestablish its presence in the Hindi
heartland with governments in as many as four States—Delhi, Madhya Pradesh, Rajasthan and
Chhattisgarh. In the south, it has governments in Kerala, Karnataka and Pondicherry. In the east,
the Congress has added Assam to its tally of Nagaland and Arunaehal Pradesh.
The election results have also been a vindication of Ms. Sonia Gandhi's
Congress-I
Vote Share %
47.X
48.1
45.0

34.5
28.42'
26.53
1952 1957 1962 1967 1971 1977 1980 1984 1989 1991 1996 1998 1999 2004
472 490 488
Seats Contested & Won
I I Seats Contested ■ Seats Won
516
492 492 ~^ ^ 492
529
417

477
1952 1957 1962 1967 1971 1977 1980 1984 1989 1991 1996 1998 1999 2004

claim to being a leader in her own right. Pilloried for the party's poor showing in +v.o iqqQ T.nk
Sabha elections, she can now claim credit for having led the

I 604
INDIAN GOVERNMENT AND POLITICS
party to victory at the hustings and cock a snook at her detractors who have been questioning her
vote catching abilities.
The outcome of the 2004 Lok Sabha elections was essentially determined in Andhra Pradesh,
Bihar and Tamil Nadu. Of course, the Congress improved in Maharashtra and Gujarat. But it is in
these former states that the Congress and its allies made spectacular gains and thus turned the
tables on the NDA. Not only did the Congress Party, which many asserted would slip below the
three figure tally, emerge as the single largest party with 145 seats (26.53% votes) in the 543
member House, its pre-poll alliance climbed upto 219.
Ideology and Programme
The Congress (I) is ideologically committed to socialism, secularism and democracy. The Party
professes its commitment to democratic socialism and places special emphasis on the planned
economic development of the country in which the government is expected to play a key role. In
its 1989 manifesto it has promised 'power to the people' through Panchayati Raj and Nagarpalika
bills. It also promises to revamp the co-operative movement to make it the dynamic counterpart
of political democracy at the grassroots. Among the other points stressed are : emancipation of
women, fighting communalism, social justice and sweeping judicial reforms. In foreign relations,
the Party has been strongly committed to a policy of non-alignment. Under the leadership of
Indira Gandhi, however, the party became more pro-Soviet.
Organisation
The Constitution of the Congress Party provides for an elaborate organisation headed by a
President, assisted by a working committee and supplemented by the All-India Congress
Committee, the deliberative branch of the party. Its central office, located in New Delhi,
supervises the work of the Pradesh Congress Committees as well as subordinate organisation.
However, during her control of the party, Indira Gandhi stifled inter-party democracy and did not
hold party elections from 1972. Thus the party's organisation structure has been reduced to a
machine that is held together by political notables who possess power and are able to distribute
patronage.
Today, the Congress (I) is like a giant without a backbone.4 There has been steady decline in its
support base. The Congress has obtained only 28.4 per cent of votes polled for the Lok Sabha
elections of 1999. This trend of declining people's electoral support to the Congress began in
1989. Not only have the poor and socially vulnerable strata of society shifted away from the
Congress, the party has failed to evolve any new social agenda to meet the rising aspirational
levels of the deprived and depressed segments who are now trying to find answers for their
problems from parties like the BSP or SP or RJD. The BJP could never compete with the
Congress for the votes of the scheduled castes and tribes and Muslims, but in the 1998 and 1999
Lok Sabha elections, even the BJP has received sizeable percentage of votes from these sections.
The Congress of the 1990s has witnessed a total abandonment of programmatic politics for social
reconstruction and the Congress leadership during the 1990s has been occupied in 'palace
conspiracies' and individual advancement. The latest act in this drama is the manner of induction
of Mrs. Sonia Gandhi as Party President. Thus, the renewal of a crisis ridden party is always
dependent on its ideological revision and reformulation. Clearly, the Congress (I) is in need of a
radical revamp if it has to regain its stature as the nation's principal political party.
THE PARTY SYSTEM IN INDIA : NATIONAL PARTIES
605
THE BHARATIYA JANATA PARTY : IDEOLOGY AND SOCIAL BASE
The Bharatiya Janata Party (BJP) was formally launched as an independent political organisation
in February 1980, after split of the Janata Party on the R.S.S. issue. Most of the erstwhile Jana
Sangh members along with a few others, left the Janata to form the BJP. Thus the BJP is a
reincarnation of the Jana Sangh, the Hindu nationalist party founded in 1951 by Shyama Prasad
Mukherjee. The object of the Jana Sangh was the rebuilding of Bharat as a modern, democratic
society in accordance with religious precepts. The party adopted four fundamentals : one country,
one nation, one culture and a rule of law that would determine its future course of action.
Secularism, for the Jana Sangh, was simply a disguised policy of Muslim appeasement. The
Sangh did not recognise the partition of India and supported a foreign policy of 'non-
involvement'. It wanted a United India under a unitary state, with Hindi as the national language.
It has been closely associated with the R.S.S. Indeed, Nehru described the party as its 'illegitimate
child'. Professor Rasheeduddin Khan has rightly remarked, "The BJP has points of continuity
with the Jana Sangh, in its discipline and well knit organisational set up and in its linkage with the
traditional Hindu socio-cultural organisations, the RSS and the VHP." Most of the Jana Sangh's
support came from the Hindi speaking States of north India, or remained essentially a party of the
urban educated Hindu middle classes— professionals, small businessmen, and white-collar
workers. The Jana Sangh's experience as a unit of the Janata Party, its administrative experience
in national government and its close association with Jaya Prakash Narayan all seem to have
brought about considerable transformation of its ideologies. From an ideology of Hindi
chauvinism with an emphasis on Bharatiya culture, Hindi language and militant anti-Pakistan
foreign policy, it has moved to non-communal and pragmatic political and economic policies.
Support Base
The BJP's support base is essentially the same as that of the erstwhile Jana Sangh. It is a party of
the urban-educated Hindu middle classes—professionals, small businessmen and white-collar
workers. In Uttar Pradesh, Maharashtra, Delhi and Rajasthan BJP remained a dominant party
with leaders like Kalyan Singh, Gopinath Munde, Sahab Singh Verma and Bhairon Singh
Shekhawat. But the BJP's most impressive performance was in Kar-nataka, U.P. and Gujarat in
1991 elections. In all these States the BJP vote went up by over 20 per cent. In Karnataka, where
the Party bagged as many as 4 Lok Sabha seats for the first-time, its percentage rose to over 28
per cent from only two per cent in the 1989 polls. Gujarat represents the BJP's most spectacular
showing. It is the only State where the BJP vote has actually crossed the 50 per cent mark for the
first time. The Party bagged 20 of the 26 seats there. The BJP has emerged as a majority party in
the U.P. Assembly elections and formed its own Government with Kalyan Singh as Chief
Minister. Having already emerged as a force to reckon with in the north and west, the results of
the recent polls reveal that the party has also made inroads into the east. In the Marxist bastion of
West Bengal, its share of popular votes also registered a significant increase.
The big change in 1998 is that the BJP has taken a significant step towards becoming a more
broad based party. The party still gets over half the votes of the upper castes, but the key to the
gains made in 1998 is its inroads into OBC votes. More OBCs have swung towards the BJP in
these elections than any other community. The BJP's OBC votes have been picked up from an
ailing UF.
1606
INDIAN GOVERNMENT AND POLITICS
The BJP also increased its base among both the SCs and STs. This increase has come at the cost
of both the Congress and the UF. Out of the 182 seats won by the BJP, it won 24 from the
scheduled caste constituencies and 14 from the scheduled tribe reserve constituencies. The BJP
won the majority of its Scheduled Caste reserve seats in the Hindi heartland like 4 in Bihar, 5 in
Madhya Pradesh and 11 in Uttar Pradesh. The BJP front has also increased its support among
Muslims by about 3 per cent compared to the 1996 elections.
Electoral Performance
Ever since 1967—the high point for the Jana Sangh—when it won 36 seats in Lok Sabha with
about 8 per cent of the popular vote—emerging as the first national alternative to the Congress,
the party has made the Congress (I) as well as the communists nervous and they have allied in
one form or another to isolate it in Indian politics. In 1967, the party gave its full support to the
SVD Ministry in U.P. headed by Charan Singh and it had 98 members in the Vidhan Sabha. On
1977, with 98 of its men in Parliament under the Janata banner it received only three cabinet
ministership. In 1980, the party backed Jagjivan Ram and in 1983, with their 18 members in the
Karnataka legislature the BJP supported R.K. Hegde, who was then in a minority. The BJP bore
V.P. Singh on its shoulders after he formed the Jana Morcha. In 1984, during its worst showing :
only 2 Lok Sabha seats—it still polled 7.4 per cent of the national votes ahead of the Janata's 6.7
per cent and the Lok Dai's 5.6 per cent. The party ran second in 112 of the Lok Sabha contests. In
the 1989 elections, however, the BJP increased its percentage of votes to 11.56 per cent and
obtained 88 seats accounting for 16.41 per cent of the seats in the Lok Sabha. This had been its
biggest electoral victory, and it had spread its influence in Madhya Pradesh, Rajasthan, Gujarat,
Himachal Pradesh and Delhi. The BJP further consolidated its strength in the tenth general
elections held in 1991. The Party emerged as the second largest party in the Lok Sabha and made
spectacular gains in Uttar Pradesh and Gujarat. In 1991 elections BJP increased its percentage of
votes to 20.95 and obtained 120 seats. In Assam the Party won 2 seats for the first time and got
almost 9 per cent of the popular vote. Although in West Bengal the Party got no seats, it saw a
swing in its favour of nearly 8 per cent.
In 1996 Lok Sabha elections the BJP has emerged as the single largest party although its all India
vote share is 8 per cent lower than its nearest rival, the Congress. In all the BJP got 161 seats with
a vote share of 20.3 per cent. With no party emerging a clear winner, the President invited A. B.
Vajpayee of the BJP to form a government. The Vajpayee Ministry was a 13 day wonder in the
corridors of power in New Delhi as it was forced to resign on May 28, 1996 without venturing to
prove its majority.
The outcome of the 12th Lok Sabha elections (1998) reveals that the BJP with its allies has
emerged as the largest vote-getter in the country, the first time any party or combine has
overtaken the Congress in this respect. In 1998, the BJP's success is much more apparent. It has
broken the 25 per cent barrier in its own right with 182 seats. The major change in the fortunes of
the BJP stems from the alliances that have helped it breakout of its Central Indian heartland and
into the south and east where previously it struggled to make an impact.
The 1999 elections had no major surprise. The BJP-led coalition has won a secure majority of
some 40 seats. The BJP won 182 seats with 23.07% of votes. It was the Vajpayee factor that gave
the BJP-led alliance its cutting edge.
it.THE PARTY SYSTEM IN INDIA: NATIONAL PARTIES
607
It is worth mentioning that the BJP could win 182 seats in 1999, i.e., one more than the Lok
Sabha Elections of 1998 while the party's national share of votes has gone down from 25.59 per
cent to 23.07 per cent. The BJP is able to spread its influence in the Eastern, North-Eastern and
Southern States with the support of regional political formations like the TDP, DMK, BJD,
JD(U), Trinmul Congress and others.
The May, 2001 Assembly election results have come as a "wake up call" for the BJP and the
NDA government. The BJP and its allies have not just been defeated, they have been practically
routed.
The BJP's rapacious victory over the Congress in Gujarat (December 2002) has set the tone for
future electoral battles in the country. However, the Indian electorate retained its capacity to
surprise in May 2004 also. The NDA, close to 300 in the dissolved house, crashed to 189 and the
BJP, confident of crossing the 200 mark to its own, lost 44 seats to shrink to 138 with 22.16
percent votes.
Ideology and Programme
The BJP believes in Gandhian socialism. The party says that its socialism is inspired not only by
Gandhi and JP but also by Deendayal Upadhyaya. It stands for positive secularism and clean
government. While laying emphasis on the 'Hindu idiom'in its poll manifesto, the party stands for
justice for all and appeasement of none. It has accepted the principle of reservation on caste basis,
of course leaving apart the creamy sections. Party promises for 33 per cent reservation of seats in
Parliament and State Legislatures for women. The party continues with ideal of nationalism based
on "Hindutva". The party lays emphasis on "Swadeshi" to encourage Indian industry and
production as against multi-nationals or foreign companies. The party also favours smaller and
stronger states, desires to abolish Article 370, favours uniform civil code and would like to
establish Human Rights Commission.
Chennai Declaration
It is observed that Chennai Declaration of January 2000 will serve as blueprint for revitalising the
party.
Apart from seeking a fresh dialogue with the minorities and endorsing the agenda of governance
before the National Democratic Alliance, the conclave signalled to the cadres that the top leaders
were anxious to take steps to check the slide in the BJP's popularity due to internal bickering.
An intensive campaign is to be launched throughout the country for strengthening the BJP
workers' moorings in the party's basic beliefs, with a focus on "integral humanism" of late
Deendayal Upadhyaya, according to the document released at the end of the conclave.
The "Chennai Declaration" wants to re-orient the mindset of all activists and members to
"deepen" the awareness that the BJP is now a governing party, which must focus on solutions,
rather than merely stating the problems.
With the BJP set to complete 20 years of existence this year, the Declaration calls for effective
communication to the people about new initiatives and hard decisions, which are needed to break
free from the accumulated legacy of malgovernance.
The BJP's primary concern has been that its image as party with difference—both in ideology and
public conduct—has suffered considerable dent in recent years.

608
INDIAN GOVERNMENT AND POLITICS
Ever since the BJP came to power, the party has been facing internal problems, forcing the
leaders to worry about its fallout on the coalition arrangement at the Centre and in some States.
The task outlined by the CheriTiai Declaration for the party workers is that they must strive to
"free" the BJP of "some negative influences that have crept in recent times."
It exhorts them to strengthen discipline at all levels in the party and fixed responsibility at senior
level. "In this endeavour", the document says, "senior functionaries have a greater responsibility
to quickly correct lapses in this regard."
Calling for constant inner-party consultations, both formal and informal, in the framework of
internal democracy, the document calls upon the BJP workers to show self-initiative to take up
difficult tasks, readiness to take up the people's causes at all levels, and shunning any instinct to
place oneself above the organisation.
"Individualism, groupism, factional fights, neglect to team work, power lust and jostling for
positions are totally alien to both our political philosophy and our proud organisational tradition,"
the document cautions the BJP cadres.
Sadly, the Declaration says, developments in recent years involving some leading functionaries of
the BJP in Gujarat and Uttar Pradesh have shown that "our party is not immune to these path-
ogenic political influences".
"While these renegade leaders (alluding to Mr. Shanker singh Vaghela and Mr. Kalyan Singh)
have damaged the BJP's reputation", the document says, "our party has also shown that it is
capable of isolating them both from the people and our own ranks."
Even so, the Declaration says, these developments call for a serious introspection and self-
correction at all levels in the party.
According to the document, the average knowledge level and professional expertise in the BJP
ranks at all levels must be raised so that they can handle complex challenges in various spheres.
"We must set new standards of accountability, by formulating a Code of Ethics for all its
members who hold offices in various elective bodies."
It urges the Government to bring all the members of Parliament under the purview of the Lok Pal
and all members of the State Legislatures under the Lokayuktas.
BJP-RSS Relationship
The Jana Sangh has been closely associated with the RSS. The RSS has served as the
organisational base for the Party. The BJP being its successor, what type of relationship it has
with the RSS? The official stand of the BJP and the RSS is that these are two separate
organisations working in two different fields. Besides, they do not interfere in each-other's work.
But an overwhelming majority of the BJP workers have RSS background, therefore a large
number of people think that the two organisations belong to the one and same family. Even the
BJP has reaffirmed its RSS link. It sees this link as vital to its newly emphasised commitment to
national unity since it believes that the RSS's patriotism is unmatched. It is, in fact, proud of its
link with RSS.
The BJP is now being viewed as an alternative to the centrist parties that have so far had a
monopoly on power. The BJP has achieved this status because of its strong organisation and
distinct identity. As a cadre-based party guidedTHE PARTY SYSTEM IN INDIA: NATIONAL PARTIES
609
by a distinct ideology, the BJP has certain inbuilt advantages. It can work towards consolidating
its electoral gains, and does not necessarily have to depend on waves and winds everytime it faces
an election. Can the BJP then explode the myth that India can only be ruled by the centrists? It
has always been said that this country is too plural to be ruled by a right-wing party and too
traditional to accept the left.
The BJP's performance in Karnataka, its success in Maharashtra and Gujarat and its existing solid
lease in the northern region mean that, after the Congress (I), it is the only party with a truly pan-
Indian character. Today, in nine states that together account for 304 of the 542 seats in the Lok
Sabha, the
Bharatiya Janata Party
Vote Share %
25.59
22.16

9.4
1952 1957 1962 1967 1971 1984 1989 1991 1996 1998 1999 2004

Seats Contested & Won

468 VA
1 I Scats Contested
Seats Won
251

196
94
130
1952 1957 1962 1967 1971 1984 1989 1991 1996 1998 1999 2004
*Hharatiya.lanSanghfor 1952-71. B.IS merged into Janta Party in 1977.
BJP is either in power or is the main opposition party. And with the gradual erosion of backward
class, SC/ST and minority support for the Congress (I), the Congress party is today more
vulnerable than ever before to an assault from the BJP.610
INDIAN GOVERNMENT AND POLITICS
The BJP, like other national parties, is now an openly factionalised party, power struggle between
leaders both at the National and State levels coming out in the open. The extraordinarily swift
expansion in the year 1989-2003 has eroded party discipline. The test of political power in as
many as four States after the 1991 election generated bitter rivalries for the loaves of office
among factional leaders. What has begun worrying the BJP leadership is the disenchantment of
the different RSS fronts with the Government's policies—after all the party depends on the cadre
of the RSS and its front organisations for campaigning during elections and they form its core
support base.
Recently, it is observed that the RSS, the mother organisation from which the BJP (formerly the
Jana Sangh) sprang, is again having trouble with its own creation. Its frontal organisations like
the VHP, Bajrang Dal and Swadeshi Jagran Manch have started openly attacking the coalition
government Vajpayee leads. They have chosen to criticise the policy initiatives which are closely
associated with Vajpayee. They have spewed their antediluuion venom on economic reforms,
particularly disinvestment and have lambasted the Government for inaction on Pakistan and on
the Ayodhya issue.
THE BAHUJAN SAMAJ PARTY (BSP): IDEOLOGY AND SOCIAL BASE
Bahujan Samaj Party (BSP) is the youngest among the national Parties. Founded on 14 April,
1984, the party is an expression of the Dalit resurgence. It has been emerging slowly in certain
parts of the country both as a result of opportunities provided by a democratic system and failure
of other national parties to provide social justice to the Dalits.
The roots of the Bahujan Samaj Party (BSP) and, consequently, its nature and ideology are
different from other Dalit movements/parties. In the late 1960s, poverty, economic backwardness
and increasing atrocities on SCs by the upper/middle castes led to the formation of most of the
militant organisations-Dalit Panthers in Maharashtra, Bheem Sena and Dalit Sangarsh Samiti in
Karnataka. The BSP came up in the same period but has an entirely different history. It was
formed by Kanshi Ram a Chamar Ramdasia Sikh from Ropar in Punjab. In 1965, he gave up his
job in the Defence Research and Development Laboratories in Pune to devote his life to the
mobilisation and upliftment of the SC community. Two events in his life pushed him in this
direction—he experienced caste discrimination and was influenced by Ambedkar's writings,
particularly 'Annihilation of Caste'. Not attracted by either the RPI, which he joined briefly and
which he felt was a stooge of the Congress, or radical Dalit movements emerging in various
states, and after forming numerous small organisations of government employees in 1978, Kanshi
Ram formed the BAMCEF, an all-India organisation of Government employees, to protect them
from caste discrimination. In its own description, 'BAMCEF' is considered a think-tank, a talent
bank and financial bank of the oppressed and exploited society to move its mission ahead. The
movement's appeal broadened in 1982 with the formation of an agitational wing, the Dalit Shoshit
Samaj Sangharsh Samiti (DS-4), which has a greater presence in rural areas. The BSP formed in
1984, is the political expression of this social action movement. Although it has emerged out of a
social action group, it is not a religious or reform movement; it is definitely a political
organisation whose aim is to capture power and use it to improve the condition of the SC
community.
Ideology and Social Base
The leadership and support base of the BSP are different from that o erstwhile RPI. In the 1960s
and 1970s, the leaders of SCs were satisfied wiTHE PARTY SYSTEM IN INDIA: NATIONAL PARTIES
611
a share in political power and improvements in the existing social system. In contrast, the leaders
of the BSP are militant in outlook and describe themselves not as SCs or Harijans but as 'Dalits'
(poor or exploited) A new identity has been forged by them which is uncompromising in its
attitude towards the caste system which they refuse to accept and hope to change on capturing
power. The main propaganda plank is to fight against 'Brahminical culture' or the Hindu order
based on the caste system, which promotes graded inequalities, social rigidity, occupational
immobility and exploitation of the weaker sections. In the mid-1980s, the social base of the BSP
was narrow and confined to the upwardly mobile, educated, mainly government employees. But
in the 1990s, it has broadened to include the poorer sections of the community which has
increased its militancy and led to caste conflicts in U.P. In comparison with the RPI, the BSP has
a stronger base but it remains largely among the Jatavas/Chamars who form its 'foundation caste'.
Unlike the RPI, the BSP leadership tried in the early 1990s to mobilise BCs, OBCs, SCs, STs and
religious minorities on a common platform of 'Bahujan', overcoming their caste/class/religious
differences, based on their antipathy to mainstream parties. The term 'Bahujan'symbolises not a
majority as perceived by Buddha and Phule, but is an ideological category that can create the base
for empowerment. This ideological-cum-electoral strategy, it was hoped would enable the BSP to
overcome the problem—as it did in the 1993 UP assembly elections—of not being able to come
to power on its own, as SC constitute only 20 percent of the population.
Both the RPI and the BSP are 'Ambedkarite' parties. However, the latter has a more militant
ideology. It is based on the writings and speeches of Ambedkar, but draws heavily from those of
Kanshi Ram. A central tenet of its ideology is the concept of 'social justice' which it is argued,
will provide Dalits their rightful socio-economic and political position in Indian society. For
achieving this goal, the BSP leadership argues that capture of state power is essential The new
social order can then be achieved by using state power for 'social engineering' from above, i.e.,
introducing developmental programmes for Dalit upliftment and mobilisation rather than a
revolution based upon destruction of the social order from below.
Kanshi Ram visualises two stages by which the position of Dalits/Bahujans in society would
undergo a transformation. The first is capturing of political power through mobilisation from
Brahmins who comprise only 10-12 percent of the population. In the later phases of the
movement, the revolution would penetrate deeper into society and transform it, though how this
would be done is not explained.
The BSP draws its strength from the criticism of Gandhi and the Congress. It sees no difference
between the philosophy of Ambedkar, the emancipation of untouchables and the ideals enshrined
in the Constitution. One of the main features of BSP's ideology drawn from Ambedkar is the
slogan 'Educate, Agitate and Organise'. For realisation of Bahujan Samaj, the BSP has launched
many agitations, such as the struggle for social transformation on 15th August, 1988, for self-
respect, liberation, equality, annihilation of caste, unsociability, injustice and atrocities.
Electoral Performance
The BSP entered electoral politics soon after its formation and has been steadily building up its
strength at the State and the national level. Three phases can be identified in terms of the
mobilisation strategies of the party,____^, ,,,,»u_ivi rtiMU rum IUS
which have been both agitational and electoral, as it is both a movement and] a Party.
I
During an early phase between 1985 and 1989, it could win no seats but its base among SCs,
specially government employees grew. In the Lok Sabha elections in December 1984 and the UP
assembly elections in March 1985, it won over a million votes, was instrumental in drawing away
votes from the Congress. The Allahabad Lok Sabha by-election in June 1989 projected Kanshi
Ram as a national leader. He stood third but was able to gain 19 percent of the ; votes in an
important three-cornered contest. Thus, by 1989, the BSP emerged as the second most important
party in UP by making inroads into the Congress Party's traditional vote banks consisting of SCs,
a section of the OBCs and the minorities.
During the second phase between 1989 and 1993, there was a marked improvement in the
performance of the party from 13 to 66 seats though it is important to note that in terms of
percentage, the rise was only a little over one percent of the votes cast. The formation of the SP-
BSP coalition government in UP gave the identity and establishment of 'Bahujan Samaj' a central
place. However, it lasted for only 16 months from November 1993 to June 1995.
The fall of the SP-BSP coalition in June 1995 inaugurated a new post-Bahujan phase (third
phase) of the Dalit movement in which two contradictory mobilisational trends are visible :
coalition building with upper caste parties and a deepening of the movement at the grass roots
level. These have in the short-term, affected the 1996 Lok Sabha, October 1996 State Assembly
and the 1998 and 1999 Lok Sabha elections, and in the longer term are of importance to the Dalit
movement.
TABLE ; Lok Sabha Elections (1989-2004)
Lok Sabha jjtectionsjfear
~1989 1991 1996 1998 1999 2004

_________,_________________±ii________________J_______________EU33______________
It could read like a classic case of 'Believe it or Not'. The Bahujan Samaj Party has fielded 435
candidates across 25 States/Union Territories in the 2004 Lok Sabha elections, which is more
than the number of candidates fielded either by the Bharatiya Janata Party (364) or the Congress
(417).
Since the 1991 general elections, the BSP has been contesting over 200 seats and its vote share
has steadily gone up from mere 1.80 per cent to 4.16 per cent in the 1999 Lok Sabha elections. In
between the party hit a peak of 11.21 per cent in 1996. Sub-sequently, it was declared a national
party by the Election Commission, fetching it a permanent symbol (Elephant).
The transition was not just in terms of numbers, representatives in Parliament or Legislatures but
also in its attitude. From a party that gained ground among the Dalits with the provocative slogan
of 'Tilak, taraju aur talwar, Inko maro jute chaar' (loosely translated it means get even with upper
castes since the three symbolise the dominant castes of Brahmins, traders and Kshatriyas), it has
now adopted the slogan of working for the uplift of theTHE PARTY SYSTEM IN INDIA: NATIONAL
PARTIES
613
post-
'Bahujan Samaj' (majority castes). Interestingly, the party no longer restricts its candidates to
those belonging to the Bahujans, but nominates several from the upper castes.
The primary objective of its founder Kanshi Ram and his pupil and the current party President,
Mayawati, was to capture political power, which they see as the most important tool to bring
about social change. Their argument is that while the Bahujan samaj comprises 85 per cent of the
populations, political power is cornered by 15 per cent of the upper castes. If the 85 per cent
organise themselves and vote accordingly, they can tip the scales.
Over the last two decades, the BSP has grown in strength both organisationally and as a political
entity. "There was a time when we used to get little response or coverage in the media and now it
is just the reverse," the party's national treasurer, Ambeth Rajan, notes.
Buoyed by the rising graph, the BSP in 2004 Lok Sabha elections has fielded candidates in 435
constituencies across 25 States/Union Territories including all 80 in Uttar Pradesh, 46 in
Maharashtra, 40 in Bihar, 36 in West Bengal, 30 in Tamil Nadu, 28 in Madhya Pradesh, 26 in
Andhra Pradesh, 24 in Rajasthan, 20 in Gujarat, 14 in Kerala, 13 in Punjab, 12 in Orissa, 11 in
Chhattisgarh, 9 in Karnataka and the rest elsewhere.
Conforming to its approach of being an all-inclusive party, the BSP has given the party ticket to
171 candidates from the Scheduled Castes, 41 from the Scheduled Tribes, 135 from Other
Backward Classes, 39 from the Forward Castes, 55 Muslims, two Christians and one each from
the Sikh and Jain communities.
While distributing the party ticket, it also took into account the population and caste composition
of the constituency.
As in the past, Uttar Pradesh continues to be the focus though the party is gradually spreading its
wings across the Hindi heartland to States such as Madhya Pradesh, Chhattisgarh, Rajasthan,
Haryana. In addition, it is attempting to strike roots in Maharashtra where the Assembly elections
are to be held in October, 2004.
If in the 1989 general elections, the BSP's vote share in Uttar Pradesh stood at just under 10 per
cent, it doubled by 1996. So much so that the Congress under P.V. Narasihma Rao entered into an
agreement with it for the Assembly elections that year as a junior partner. At the eve of 2004 Lok
Sabha elections, even the Congress President, Sonia Gandhi, made a desperate bid to reach an
understanding, but that did not materialise, for the BSP believes that while it can transfer votes to
other parties, there is no reciprocity.
The candidates this time are a mix of Brahmins, Thakurs, minorities and SC/ST/OBC. Most
parties say that the BSP candidate starts with a 20 per cent plus vote share and depending on the
caste composition of the constituency, could damage the prospects of others.
In Madhya Pradesh, the party's influence can be seen in areas bordering U.P. such as Gwalior,
Satna, Hoshangabad, Bhind and Morena. The strength of its presence here is such that M.P.
strongman, Arjun Singh, was trounced both in Satna and Hoshangabad in two successive
elections with the BSP winning in the former and contributing to his defeat in the latter by
cornering a chunk of the votes. In 1991, the party of the Dalits won from the unreserved Rewa
constituency.
I614
INDIAN GOVERNMENT AND POLITICS
In less than two decades, BSP at least in Hindi heartland had becom political force to the extent
that it can influence or spoil the electoral fortui of the major political parties like the Congress
and BJP. However, the succi of BSP in North India has not been equalled in other parts of the
country. South India, in particular, there are other Dalit formations that have creat their own
space. The BSP's dream of ruling the country, therefore, may rema utopia, except in the case of
coalition.
THE COMMUNIST PARTY OF INDIA (CPI) : IDEOLOGY AND SOCIAL BASE
The Communist Party of India (CPI) is usually dated from December 21 1926. It remained
effectively an illegal organisation until 1942 when the Britis. accepted its support for the Allied
War effort. After 1947 there were a numbe of changes in the party tactics and the period was
marked by the splits. Thi first split in 1964 coincided with the schism in international
communism and the new party CPI(M) again underwent a split in 1968. The first Maoist
Communist Party was formed on April 22, 1969, which was Lenin's 100th birthday. It styled
itself as the Communist Party of India (Marxist-Leninist| and claimed Mao as its guide.
At the beginning of 1949 the Party in desperation turned to terrorism,, sabotage and strikes. In
1948, PC. Joshi was replaced as general secretary byl B.T. Ranadive, with the advancement of
more militant 'left' line. Under hisj leadership the CPI embarked on a course of revolution—with
strikes, sabotage! and urban violence. Following the Russian model, Ranadive emphasised the!
working class as the instrument of revolution and discounted the peasant! uprising in the
Telengana region of Hyderabad. During this period Nehru wasj denounced as a 'running dog of
imperialism'and the Congress, in both its foreig and its domestic policy, as the reactionary captive
of capitalist and landlon elements. But with the new political leadership in the Soviet Union and
the ongoing process of destalinization under Khrushchev, the Soviets decided to befriend the
Nehru government. This change in Soviet foreign policy forced the CPI to alter its course of
action. The CPI was officially advised to abandon its 'adventurist' tactics. The policy shift was
welcomed by those within the party notably PC. Joshi, S.A. Dange and Ajoy Ghosh, who
favoured participation in the forthcoming elections. In 1951, the revisionist line won out, with the
selection of Ajoy Ghosh as General Secretary of the Party. Ghosh, from a centrist, position, led
the party toward 'constitutional communism'. The CPI sanctioned I Indian foreign policy and
extended its full support to all progressive policies! and measures of the government. In 1958, the
CPI adopted the Amritsarl resolution and pledged to seek power and social change through
parliamentary J means. The dominant faction within the party supported Nehru's 'progressive'I
policies, especially his foreign policy. During the 1969 split in the Congress! Party, and later
during the national emergency, the CPI consistently supported J Indira Gandhi and her
government, Only after the 1977 defeat did it try to cha an independent course of action.
Electoral Performance
In the first general election, next to the Congress the CPI secured th largest number of Assembly
seats winning 198 seats of the 587 it contested.! The Party had notable success in Travancore-
Cochin, Madras, Hyderabad,! Tripura and West Bengal. The Party was itself more than satisfied.
The results! of the second general election were even more encouraging to the Party. In these!
elections it emerged as the second largest party in the country, not merely in j terms of seats won
but also in terms of votes polled. The party captured ajTHE PARTY SYSTEM IN INDIA: NATIONAL
PARTIES
615
majority in Kerala in 1957 and formed the first-democratically elected Communist government
under E.M.S. Namboodiripad. The Party became the main opposition group in both houses of
Parliament with 27 seats in the Lok Sabha. In the words of Professor Rasheeduddin Khan, "The
communists were the main opposition in the Lok Sabha throughout the Nehru era. In the first Lok
Sabha with 16 members, in the second and the third Lok Sabha with 27 and 29 members
respectively. A turning point in the history of the CPI came when in
Communist Party of India
8.9
Vote Share %
i5 1.41
1952 1957 1962 1967 1971 1977 1980 1984 1989 1991 1996 1998
1999
2004

Seats Contested & Won

□ Seats Contested
Seats Won

58
54
1952 1957 1962 1967 1971 1977 1980 1984 1989 1991 1996 1998 1999 2004

1957 they won an absolute majority in the Kerala Assembly and formed the first communist
government in India." The party retained the position as the largest opposition group in the Lok
Sabha after fourth general elections in 1967. In 1971 it secured 4.7 per cent of the popular vote as
its reward for the support it gave to the ruling Congress. In 1977 it secured only 7 seats with 2.8
per cent votes. In 1980, the CPI could manage to increase its winning tally to 11 seats (2.6%). In
1984, the CPI has won only 6 seats of the Lok Sabha with 2.7 per cent vote. In the 1989 Lok
Sabha elections the CPI won 12 seats with 2.6 per cent of votes, while in tenth Lok Sabha
elections (1991) the Party won 14 seats ..r-n-v. 9 F; ner cent of votes. In 1996 elections for 11th
Lok Sabha the Party hasa share of 12 seats with 2.0 per cent of votes. And in the 1998 Lok Sa
elections, the CPI obtained 1.75 per cent of votes with 9 seats. While the (M) is able to maintain
its limited political influence, the decline of the CF continuing with every election and its has
secured only 1.45 per cent shar national vote with 4 seats in the 1999 Lok Sabha elections.
The party contested 34 seats and won 10 seats with 1.41 percent vote; the 2004 Lok Sabha
elections. However, the Election Commission has serve notice to show cause why its recognition
as a national party status should; be withdrawn on the basis of its performance in the recent Lok
Sabha polls Support Base
The CPI membership is concentrated in four States : Bihar, Andh Pradesh, Kerala and West
Bengal. Three other States have significant enr ments : Uttar Pradesh, Tamil Nadu and Punjab. In
the CPI, the workers a wage-earners constituted 17 per cent of the Party membership. The 1982
repc of the Party says that agricultural workers constitute a sizable section oft! Party membership
and in some States account for more than 50 per cent of tl membership. The Party officially
bemoans the long standing indifference to tl task of building mass organisations, particularly
trade unions, Kisan Sabh; and agricultural worker's associations. Party Organisation
Up until 1958 the CPI had been organised as a cadre party on th democratic centralist lines spelt
out in the Comintern's principles of Part organisation. This was applied in the 1948 (Calcutta) and
1954 (Madurai constitutions to the Indian context. Following the CPSU 20th Congress of 1956
the CPI adopted a new Constitution at Amritsar in 1956, more suited to peacefu transition and to
working within a system of representative democracy. Part} units, formerly known as Cells,
central committees and politburo became, under the mass democratic nomenclature, branches,
State and National Councils and Central Executive Committee. The National Council was fixed at
101 members and the Central Executive Committee at 25 while Congress were now to be held
every two years.
Currently, there is a 9-member Central Secretariat of whom one is General Secretary—which acts
as the day-to-day executive of the 31-member Central Executive Committee, the whole ejected by
the 125-member National Council. In turn the National Council is elected by the Party Congress
whose 1,000 plus delegates are elected by State Councils on the basis of one representative for
500 members and so on.
Ideology and Programme
The CPI is committed to the parliamentary road to socialism. In its manifesto the CPI reiterated
its demands for weeding out of criminals and corrupt men from body politic, tilting the Centre-
State relations in favour of the latter, ending indifference to the welfare of the working class,
agricultural labour, scheduled castes and scheduled tribes, generating more jobs, implementing
radical land reforms, reducing foreign debt by restricting imports, reversing the trend of handling
over public sector units to private industrialists and above all, arresting the steep rise in prices.
The CPI favours co-operation with all democratic and progressive forces I including 'the centre'
and 'the left' of the Congress Party. They hope to enlarge the party's parliamentary strength
through electoral Pacts with the like minded '■. parties like BSP, SP, RJD and Congress. Today,
the CPI which has had to play I secondary role to the CPM since 1978, is very much in the
doldrums.THE PARTY SYSTEM IN INDIA: NATIONAL PARTIES
617
THE CPI (MARXIST): IDEOLOGY AND SOCIAL BASE
A split in the CPI led to the founding of India's second Communist Party (1964), called the
Communist Party (Marxist). In early 1962, as conflict deepened within the CPI, Ajoy Ghosh, the
balancer, died. The factional settlement—election of Dange to the newly created post of
Chairman, with Nam-boodiripad, the centrist, as general secretary—proved fragile. In the wake of
the Chinese invasion of Indian territory, as criticism of the CPI mounted, the national council
resolved to condemn the Chinese action as 'agression' and to call upon the Indian people to 'unite
in defence of the motherland'. In protest the leftists resigned from the party secretariat and even
Namboodiripad submitted his resignation as general secretary of the party. At the national council
meeting in 1964 the left attempted, without success, to oust party chairman Dange. They came
armed with a letter written by Dange in 1964, in which he had offered to co-operate with the
British in exchange for his release from jail. Denouncing the letter as a forgery the Council
refused to consider the charges. The left and centre, led by Namboodiripad and Jyoti Basu, stayed
a walk-out and appealed to the party to repudiate Dange and the 'reformist line'. The split became
final when all signatories to the appeals were suspended from the party. The left, organised as the
CPI (Marxist), claimed to be the legitimate communist party of India.
The CPI versus CPI(M)
The CPI is considered as right faction while the CPI(M) as left faction of the Communism in
India. The CPM was linked with China and the Marxists were viewed as pro-Peking while the
CPI was considered as pro-Soviets. For the CPI India's independence was a historic event and
India was now on the path of independent development. For the CPM the transfer of power was
only a 'settlement' between British imperialism and Congress and what had happened since was
the efforts of the Indian bourgeoisie to establish a compromise with feudalism and imperialism at
the expense of the people. The CPI's slogan was the establishment of national democracy, the
CPM's slogan was people's democracy. The CPI emphasised national identity while the CPM
tended to underline regional (or sub-national) identity; and the CPI saw the proletariat as the
principal force of revolutionary change while the CPI(M) accorded an important place to the
peasantry.7 The CPI consistently supported Indira Gandhi and her government while the CPM
considered the Congress (I) politically 'untouchable'. The CPM staunchly opposed Indira
Gandhi's emergency rule as well as her subversion of the federal system in India.
Professor Rasheeduddin Khan observes, "The CPI and CPI(M) differ in their policy perspective
on a few important aspects of Indian politics, such as the nature of the Indian State, the role of the
national bourgeoisie and big bourgeoisie, the evaluation of the Congress Party as a factor in the
completion of the democratic revolution; the strategy for achieving the goal of socialism; and in
the tactics to be followed towards other parties at this stage of political development for the
progressive socio-economic transformation of India."
Ideology and Programme
The CPI(M) has modified its pro-Chinese stance and sought to direct the communist movement
in accordance with the political and historical realities existing in India. Under the able leadership
of Jyoti Basu and E.M.S. Namboodiripad, the party adopted an independent course for Indian
communists, maintaining distance from both the Chinese and Soviet Communist parties. INDIAN
GOVERNMENT AND POLITICS____________________
The CPM favoured a tactic of united front from below, of alliance peasants and workers to defeat
the Congress, which it regarded as a pa the bourgeoisie and landlord classes. Elections were to be
used as a me? mobilise the masses; the Constitution was to be used as 'an instrurru struggle'. The
Marxists sought to 'break the constitution from within'.
Today the CPM is characterised as a radical-democratic party. Its emp is on the preservation of
democratic institutions. It lays emphasis on the and integrity of India and favours the
restructuring of Centre-State relat Support Base
The CPM draws its support from middle and lower classes. Its suj base is working class,
agricultural labour, poor peasants and employees, strength among the peasants is, however,
largely confined to West Be: Kerala and Tripura. The Party has begun to make singificant inroads
ar the Scheduled Castes and Scheduled Tribes—notably in Kerala, An Pradesh and Tamil Nadu.
The CPM in West Bengal has developed a vast in the countryside. "The CPI(M)'s main support
base is more concentrate West Bengal, Kerala and Tripura and also in Andhra Pradesh, Assam, Bi
Maharashtra, Orissa and Punjab."8 Electoral Performance
At present, the CPM is in power in the State of West Bengal. It has a s base in Kerala and
Tripura. The Marxist led LF in Tripura secured as hig] 50.3 per cent of the popular vote in the
February 1988 State Assembly electii In the 1984 Lok Sabha elections it was able to capture 22
seats and in 1 elections it won 32 seats. The CPI(M) polled 6.28 per cent votes in the te Lok
Sabha elections (1991) and won 35 seats while in 1996 Lok Sabha electi the Party captured 32
seats with 6.1 per cent votes. In the 1998 Lok Sal elections, the CPM obtained 32 seats with 5.16
per cent of votes. The CP]\ able to maintain its limited political influence in the 1999 Lok Sab\\a
polls, party contested 72 seats and obtained 33 seats with 5.38 per cent of votes. A 24 years in
office, one of the world's longest serving communist government West Bengal, the CPI(M)—led
Left Front, bested its electoral performance (1\ 2001 West Bengal Assembly Elections) securing
its sixth five year term. Bi ing the anti-incumbency trend which caused the demise of
Governments in i other States, the ruling front clinched 199 of the 294 Assembly seats. The I (M)
alone won 144 seats. It has a strong cadre-based organisation and emerged a political force in
India's political system.
The CPM contested 69 seats in 2004 Lok Sabha elections and won 43 se with 5.66 per cent votes.
The victory in Bengal coupled with the sweep of LDF in Kerala made it an important actor at the
national level. Communist Parties in India : Marginal Role
In post Independence India, communists have been active in democrc electoral politics and also
in waging and organising struggles of the 'basic soc classes'. In spite of this, they are marginal
players. A few facts may mentioned to highlight the state of continuing decline of the
communists, the 2004 Lok Sabha elections, the CPI obtained 1.41 per cent of votes and t CPI(M)
5.66 per cent of the popular votes. The CPI's status as a national pai is in danger as the Election
Commission has served a notice to show cause w its recognition as a national party status should
not be withdrawn on the bai of its performance in the 2004 Lok Sabha Polls. Second, the CPI and
the CPI(1 contested elections in 18 states/UT's and 16 states/UT's but its actual presen THE PARTY
SYSTEM IN INDIA: NATIONAL PARTIES
619
is limited to a few states only. Third, in UP and Bihar communist presence is insignificant.
Communists were very important in the post Independence politics of these two states but in the
1998 elections, the CPI in Bihar obtained 3.45 per cent of votes, the CPI—ML ended up with
2.12 per cent and none of these parties got a single Lok Sabha seat from Bihar. The same is the
story in U.P. while CPI in UP obtained the support of 0.18 per cent votes, the CPI—M
Communist Party o f I n d i a (M a r x i s t)
Vote Share %
5.66

1967 1971 1977 1980 1984 1989 1991

5.16
1996 1998 1998
2004

Seats Contested & Won

I I Seats Contested
Seats Won
72

1967
197 1 1977 1980 1984 1989 1991 1996 1998 1999 2004

got only 0.23 per cent and none of them succeeded in getting even one member elected to the Lok
Sabha. Professor C.P. Bhambhri has rightly observed : "Communists have been active in the
social and public life of India for more than 75 years. In spite of this fact, they occupy a very
marginal political space and are not in a position to pose an effective challenge to the dominant
political agenda of the 1990s."9
However, the Mandate 2004 has changed the scenario. The Left today has the power to make and
unmake government policy without any of the responsibilities that should come with power. The
power of numbers that the Left enjoys today in the Lok Sabha comes from Kerala and from West
Bengal. The bulk of the fi1 members nf Parliament nwinu allpcianrp t.n thp CPT anrl P.PM is

620
INDIAN GOVERNMENT AND POLITICS
Conclusions
Except the Congress all other all-India parties are at best multi-state i trans-regional
parties, with influence in some States but not in all the Statf and Union Territories.
Presently the multi-state or trans-regional parties i India are the two Communist Parties—
CPI(M) and CPI, the BSP and the BJ] In an area stretching from the southern states
of'Karnataka, Kerala and Tami Nadu up the eastern coastal belt through Andhra Pradesh
and Orissa to Wes Bengal, strategic alliances have seen the BJP make major gains both in
term! of votes and seats in 1998 and 1999."
REFERENCES
1. The Hindu, December 3, 2000.
2. Rajni Kothari, Politics in India (New Delhi, 1970), p. 183.
3. Manorama Year Book, 1990, p. 634.
4. India Today, March 31, 1990, p. 47.
5. Seminar 362—October 1989, pp. 20-22.
6. India Today, April 15, 1990, p. 36.
7. T.J. Nossifer, Marxist State Government in India (London, 1988), pp. 14-38.
8. Rasheeduddin Khan, Democracy in India, 1990, p. 83.
9. The Hindustan Times, June 10, 1998.
10. Seminar, July 2004, pp. 30-31.
11. India Today, March 16, 1998, p. 47.

I Chapter 48

THE PARTY SYSTEM IN INDIA

ROLE OF REGIONAL AND STATE PARTIES
Since independence till 1967 the Congress Party had dominated the Indian political scene to such
an extent that India was often described as a one dominant party system. This typology was a
commonly accepted one but even at the height of Congress dominance, it was only partially
accurate. It suggested an even greater imbalance in the party system than in fact existed. While
even after the 1969 mid-term elections in five States, the Congress had an overwhelming
preponderance in the Lok Sabha, it never won a majority of the popular votes in any national
election. The numerous opposition parties, while weak in the number of candidates elected to the
Lok Sabha and Vidhan Sabha, reflected many facets of Indian political life that were not always
embodied in the Congress and exercised an influence out of proportion to their electoral
successes.
In the States the description of one party dominance was even more misleading, and after the
1967 general elections and the 1969 mid-term elections in four key States and Nagaland, it was
obviously invalid. Hence, in spite of the frequent use of the terms 'one dominant party system' by
some of the most astute students of Indian politics including Professors W.H. Morris Jones and
Rajni Kothari,1 such a nomenclature should, in fact, be used cautiously and with qualifications
even for the period prior to 1967. After 1967 one can no longer so characterize the political
situation in many States and is of limited utility even with reference to the Centre. "India," Rajni
Kothari remarks, "has been for sometime now moving from a dominant party system to a system
of competitive dominance."2
Stanley Kochnek in his study of the Congress Party, referred to some basic objections to the
concept of one-party dominance. He stated : "To classify India as a dominant one-party system
during the first two decades of independence tells very little about the nature of the dominant
party or about the Indian political systems."3
India's experience with political parties has not been an altogether happy one. Nevertheless
parties have been and continue to be prominent features of Indian political life. Parties in India,
imperfectly but discernibly, have played an important role in political aggregation, articulation,
socialization and participation. Thus, they have been important components of the Indian political
system. It may be preferable, however as Rajni Kothari suggests, to "look at the party system in
India not so much in terms of discrete organizational '•-_..:_ i-un fo=v,ir,n nf the interest
aggregation theory, but___________________..~,r», m^cruwifclMI AND POLITICS______________________
rather as part of an interacting process of governmental penetration, perf mance at various levels,
and society's response to such penetration and perf mance."
Various typologies of political parties in India could be suggested, b
basically they consist of the Congress Party and all the rest. Another possit
division between national and regional, state or local parties. Norman .
Palmer points out: "Most parties are really local or at most regional grouping
often hardly more than the followers of some leaders. Such groupings sprii
up, put up their candidates in a general election, and disappear quickly, <
merge with similar groups or move in and out of electoral arrangement,
sometimes of a weird character."5 Commenting on the Indian party systen
Rajni Kothari states : "One dimension of the system is articulated along th
federal axis, between the Congress dominant Centre and the multi-party state
with different parties and coalitions welding governmental power in differen
states; it is the dimension of non-aggregation. A second dimension is found a
the state level where either the Congress is still the dominant party......or some
other party is dominant."6
The most important of the State parties are the Dravida Munnetra Kazhagam (DMK), AIDMK,
Telugu Desham, Asom Gana Parishad, Akali Dal, Samajwadi Party, Rashtriya Janata Dal (RJD),
Biju Janata Dal, Trinmul Congress, Shivsena and National Conference. Some of these are of great
significance in their localities, and can give the Congress stiff competition in these areas. They
usually are built around a few leading personalities and emphasize communal, caste or sectional
interests and loyalties.
In their own localities, a number of local parties or groupings have scored impressive victories.
Notable among these were the Gantantra Parishad and : Utkal Congress in Orissa, the Dravida
Munnetra Kazhagam in Tamil Nadu, the Jharkhand Party in Bihar, Samyukta Maharashtra Samiti
and the Maha Gujarat Janata Parishad in the Maharashtra and Gujarat sections of Mumbai State,
Shiv Sena in Maharashtra, Bharatiya Kranti Dal in U.P., Akali Dal in Punjab, Anna-DMK in
Tamil Nadu, National Conference in Jammu and Kashmir, the Muslim League in Kerala and SP
in Uttar Pradesh.
The Akali Dal in Punjab, the National Conference in Jammu and Kashmir, and the AIDMK and
DMK in Tamil Nadu have become powerful political force in their respective States. Barely, six
months after coming into existence, Telugu Desam successfully stormed the Congress stronghold
in Andhra Pradesh. Ths Asom Gana Parishad was formed in the fall of 1985, and was swept to
powr by the year end. In 1986, Laldenga signed an accord with the Union Government, abjured
insurgency and led his Mizo National Front to power in Aizawal. For some years, Congress has
had an informal alliance with the AIDMK in Tamil Nadu and it joined Farooq Abdullah's
coalition government as a junior partner in Jammu and Kashmir. The All Party Hill Leader's
Conference (APHLC), which was mainly responsible for the creation in 1970 of an
'autonomous' tribal state of Meghalaya within the State of Assam and the Nagaland Nationalist
Organization, which had been continuously in power since the State of Nagaland was formed in
1963, are parties of regional outlook. In West Bengal, the Bangla Congress, Forward Block and
Socialist Unity Centre, and the role of Kerala Congress, KTP and KSP in Kerala are wholly
governed by regional aspirations. The Bangla Congress and the Trinmul Congress in West
Bengal, the Kerala Congress in Kerala and Tamil Manila Congress (TMC) in Tamil Nadu were
outstanding examples of political groupsTHE PARTY SYSTEM IN INDIA.... STATE PARTIES
623
that were formed almost exclusively by dissident Congressmen. Each was confined to one state
but some groupings of Congress dissidents cut across statelines. An outstanding example was the
Bharatiya Kranti Dal (BKD) which won 98 seats in the U.P. Assembly in the mid-term elections
of 1969.
Regional parties in state politics are a greater force and they have captured the governmental
power from the hands of the all-India parties in states like Punjab, Tamil Nadu, Andhra Pradesh,
Uttar Pradesh, Bihar, Assam, Mizoram, Sikkim, Nagaland, Goa, Orissa, Meghalaya, Manipur and
Jammu and Kashmir. In Indian politics they are gradually emerging as a powerful force. For
example, in the 1977 and 1980 Lok Sabha elections, regional parties won 52 and 35 seats
respectively. After the Congress split of 1969, Mrs. Gandhi's government at the Centre had
depended on the support of regional parties like DMK. In the Eithth Lok Sabha, Telugu Desam—
a regional party, had the largest number of MPs from the opposition bench. After the verdict of
the Ninth Lok Sabha elections, regional Parties like DMK and TDP, as a partner of National
Front swept to power at the Centre.
When the Gowda Ministry was sworn in on June 1st, 1996, it was the culmination of the most
turbulent and the most tortuous process of political realignment the nation had ever witnessed.
Apart from the Janata Dal, four of the most prominent regional parties that comprised the 13-
party front—the TDP, DMK, TMC and the Samajwadi Party—were represented. And with the
AGP following suit, it paved the way for a genuinely federal government for India.
The outcome of the 12th, 13th and 14th Lok Sabha elections (1998, 1999 and 2004) brings home
the truth that the path to power in this society lies in the creation of political, regional and social
alliances. The BJP with its allies (AIDMK or DMK, Samata BJD, Akali, Trinmul, Shiv Sena, Lok
Shakti, MDMK, PMK, HVP) has emerged as the largest votegetter in 1999 Polls. The BJP led
coalition embraced the entire gamut of Indian politics—from Akali Dal to AIADMK or DMK
and from Samata to Trinmul. The Congress jettisoning its Panchmari resolution drew on its
subsequent Shimla understanding and structured new alliances—the DMK-MDMK-PMK
combine in Tamil Nadu, the TRS and Left in Andhra Pradesh, roping in the RJD and LJS in
Bihar and NCP in Maharashtra in 2004 and climbed upto 219 seats.
C. P. Bhambhri has very rightly observed : "The Lok Sabha elections of 1989, 1996, 1998, 1999
and 2004 provided an opportunity to major regional parties to play an important role in
mainstream politics."
What is a Regional Political Party?
It is suggested that a regional political party must satisfy three specific criteria : The first criterion
must, naturally be the territorial differential. By its very nature, a regional party restricts its area
of action to a single region which, in the prevailing Indian situation, means a State. The second
criterion of a regional political party is that, topically, it articulates and seeks to defend a
regionally-based ethnic or religio-cultural identity. Thus DMK and ADMK act as the voice and
champions of Tamil cultural nationalism against the inroads of what is perceived as the Aryan
imperialism, of the north. In the third place, it is in the very nature of a regional party to be
"primarily concerned with exploiting local sources of discontent or pressing a variety of
primordial demands based on language, caste, community or religion." This is so because the
electoral destiny of these parties is inseparably linked with their respective INDIAN GOVERNMENT
AND POLITICS

As per recently revised election symbols order for recognition as a s party it would now require
securing six percent of valid votes polled in the S at a general election either to the House of the
People or to the Legisla Assembly of the State concerned and also two seats in the Assembly of
the S concerned. The other criteria was that the party could win at least three cent of the total
number of seats in the Legislative Assembly of the State o least three seats in the Assembly,
whichever is more.
On August 18, 2004 the Commission has slapped notices on nine regio parties, including the
Marumalarchi Dravida Munnetra Kazhagam in Ta Nadu, the Pattali Makkal Katchi in
Pondicherry, the Trinamool Congress Tripura, the Kerala Congress and the Shiromani Akali Dal
(Mann), asking th to explain why their State party status should not be cancelled.
While the MDMK of Mr. Vaiko and the PMK of Ramadoss would reti their State party status in
Tamil Nadu, they stand to lose the status Pondicherry.
Similarly, the CPI (ML-Liberation) was likely to lose the State party stat in Assam, the Shiromani
Akali Dal (Mann) in Punjab and the Trinamt Congress in Tripura. The Meghalaya Hill State
Peoples Democratic Party mig also lose the status. Following the review of the poll performance
of parties, tl Haryana Vikas Party, a recognised party, was likely to be upgraded to the stati of a
State party, while the JMM will get the same status in Orissa besidi Jharkhand.
Regional Political Parties : The Rationale
The emergence of regional parties in India has a geo-political rationali
India is a continental polity with a wide range of socio-cultural and ethni
diversities. Under conditions of democratic culture, these diversities are boun
to and indeed did aspire for political autonomy. One way of expression c
political autonomy in a federation is the formation of regional parties am
groups, in order to bargain with the centre for a better for regional development
Experience has shown that almost all national parties had neglected t<
give adequate importance to their regional and state units. Because Congress
has been the major all-India party, its lapses has been more known than those
of other parties. In the first two decades of independence, the Congress party
remained in power in the Centre, and in most of the States. In a way its
continuous hegemony in the Centre, led to the neglect of the sentiments of the
States. The Congress Party increasingly treated its state units, not as
autonomous units, but as subordinate branches of the Central Congress Party.
This led to a simmering discontent not only within the ranks of the state units
of the Congress, but also in their support base and among the people of the
State at large. The control of state affairs by the central leadership—for
instance in matters of distribution of tickets at election time, formation of
ministries, selection of Chief Minister, state planning priorities, location of
industries etc.—and their style of working and public behaviour towards state
leaders, were often arbitrary and not quite democratic. It offended sensitivities
of state leaders and rank and file. They complained that their 'pride' and
'dignity' was hurt. In this situation, it was not too difficult for an alternative j
political format to emerge in the shape of regional parties.
In south India, where an early initiative for separate parties was taken, j there was also a long
suppressed feeling among the leaders and the people that : North India, historically, had tried and
often dominated the South. The North was portrayed as expansionist, hegemonic, even colonial
and imperialist in its
THE PARTY SYSTEM IN INDIA.... STATE PARTIES
625
in
as
designs. This in-built animosity between the North and South, was further accentuated by
identifying the northern leadership as Aryan, Brahmanical and Kshatriya, trying to dominate the
Dravidian, non-Brahmin low and middle caste groups imbued with a democratic ambition to play
a free and equal role in new India.
TABLE 1 : PERFORMANCE OF NATIONAL PARTIES VIS-A-VIS OTHERS (Candidates Fielded—Seats
won by major groups)
Category 1989 1991 1996 1995 I 1999 2004
National 1,379 (470) 1,863 (465) 1,818 (40) 1,493 (387) 1,299 (369) 1,351 (364)
Parties
State Parties 143 (27) 504 (51) 451 (127) 471 (101) 750(138) 801 (159)
Registered Parties 925 (19) 844 (4) 1,048 (4) 871 (49) 654 (10) 898 (15)
Independents 3,712 (12) 5,569 (1)10,635 (9) 1,915 (6)1 1,945 (6) 2,385 (5)
TABLE 2 : PERCENTAGE OF VALID VOTES POLLED (By major groups of Political Parties)
Category 1989 1991 1996 1998 1999 2004
National Parties 79.34 80.9 69.08 67.98 61.11 62.89
State Parties 9.28 12.98 21.34 18.79 26.93 28.90
Registered Parties 6.13 2.19 3.29 10.87 3.22 3.96
Independents 5.25 3.92 6.28 2.37 2.74 4.25
Major Regional Parties
There have been three types of regional parties in India. For years the Congress dissidents, off
and on, formed several regional parties and groups, mostly short lived and often for ad hoc
purpose as a bargaining counter. Examples of this have been the Bangla Congress, the Kerala
Congress, the Utkal Congress, the Telengana Praja Samiti, Tamil Manila Congress and the
Trinmul Congress. The second type are tribal parties as focal points of building a tribal political
identity and as a plateform for obtaining more concessions from the centre. They had often talked
even of secession from India and demanded complete independence. Examples of this trend have
been the militant movements like the Naga National Council (NNC), the Mizo National Front
(MNF) and the APHLC. The third type of regional parties are larger political formations in
ethnically, culturally and linguistically defined regions like Tamil Nadu, Andhra Pradesh, Punjab,
Jammu & Kashmir and Assam. DMK, AIADMK, Akali Dal, National Conference, Shiv Sena,
Asom Gana Parishad (AGP), All India Muslim League, Samajwadi Party are some of the
examples of such regional parties. These parties are bigger in their composition, well-knit in their
organisation and more stable in their role as important components of the multi-party system in
India.
THE POLITICAL DYNAMICS OF AKALI DAL
The Akali Dal is one of the oldest and most successful regionally based political organizations in
India.9 It is an avowedly Sikh Party, whose membership is confined to Sikhs, and which only on
the rarest occasions has given its party symbol to non-Sikh candidates in an election. It has been
the spearhead of all political demands made on behalf of the Sikhs for the 80 years. In the period
since its formation in the 1920s, it moved from a position as a religious reform organization
concerned with the reform of Sikh shrines to a political party using both agitational and electoral
tactics to its present position as a
nolitical nartv in th.fi Punish and an nltprnnrivp crm/prnincr nnr+v in tViat._.......i-i wi_t I IV/O

The contemporary Akali Dal has its origins in the Akali movement of
early 1920s when the religious reform movement in Sikhism culminated
dramatic and successful drive to gain control over Sikh gurudwaras. In
movement, the Akalis, though they ostensibly existed separately from
SGPC, acted on its behalf as its agitational spearhead. During the gurudw
reform movement, the Akali Dal came into being as an institutionalised polit
force in Sikh community under the leadership of Master Tara Singh. It mo
immediately from religious reform to political action, because the gurudw
reform movement itself involved a direct confrontation with British author
In 1940s, the Akali Dal made explicit its demand for a special political posit
for the Sikhs. When the proposal for the partition of the Punjab into Musi
majority and Hindu majority areas was made, the Akali Dal demandec
separate State for the Sikhs.10 At the time of partition the Akalis had sou|
an independent Sikhistan, but in the agitation of the 1950s for linguistic stat
the Akali demand was translated to that of a Punjabi speaking state of PunjE
Suba. By October 1949, the demand was explicitly made for a Sikh-majori
Punjabi Suba. In August 1950 the Akali Dal launched its first major agitation
movement for the demand. 1
The strength and success of the Akali Dal have been based upon the quali
of its leadership, upon its resources in Sikh religious institutions and in tl
Sikh community. From its early period up to the present, the Akali Dal has hs
a dual leadership and a dual set of tactics—agitational and Parliamentary. Unt
recently, the agitational leadership has been dominant in the Akali Dal and hi
largely directed the course of Akali politics. In the pre-independence period an
afterward until the 1960s, the pre-eminent leader of the Akali Dal was Maste
Tara Singh, who maintained nearly dictatorial control both over the SGPC an
the Akali Dal. In the meantime, many individual leaders and groups in th
Parliamentary wing of the party pursued both Akali goals and their owi
interests in the electoral and legislative arenas in Punjab. When in Octobe:
1961, Master Tara Singh gave up a fast unto death for the Punjabi Suba withou
any singificant concession from government, his leadership was challenged anc
one of his lieutenants, Sant Fateh Singh founded a separate Akali Dal in 1962
An agitational leader himself, with a following among the Jat Sikh peasantry
and a base in the gurudwaras in the Malwa region of Punjab, Sant Fateh Singh
succeeded in winning control over the SGPC from Master Tara Singh in 1965.
The new Akali Dal, under Sant Fateh Singh's leadership made a successful
drive for a Punjabi Suba while separating the demand as far as possible from
its previous communal associations. In October 1966, its long standing demand
for a Punjabi Suba was finally granted with the partition of the Punjab into two
States.
Akali Dai's electoral strength has fluctuated between 20 per cent and 30 per cent of the popular
vote. It has always been the second largest party in Punjab, next to the Congress. In 1952
elections to the Punjab Assembly the Akali Dal got 31 seats (out of 186) and 28.2% of votes. In
1957 under Pratap Singh Kairon's leadership the Congress succeeded in forging an inter-
communal alliance of the Hindus and Sikhs, including the merger of the Akali Dal into the
Congress (in the 1957 elections). In 1962 elections it secured 19 seats and 22.1% of votes. In the
Fourth General Elections of 1967 the Akali Dal maintained its position as the second largest party
in the Assembly. The Sant Group secured 24 seats with 23.1% of votes. As the Congress could
not get absolute majority, the opposition parties came together and formed a united front. Gurnam
SinghTHE PARTY SYSTEM IN INDIA.... STATE PARTIES
627
of Akali Dal was elected the common leader. Before the mid-term elections in 1969 the two
wings of the Akali Dal (Sant group and Master group) merged under the leadership of Sant Fateh
Singh. The reunited party elected (43 MLAs with 41.4% of votes) more members to the
Assembly than did the Congress, and in a strange coalition with the Jana Sangh formed a
government in Punjab. However, the break-up of the Akali Dal-Jana Sangh alliance contributed
significantly to the significant loss of Akali seats in the 1972 elections. It secured 24 seats with
23.1% of votes only. In 1977 assembly elections, it won 58 of the 70 seats it contested. A 16-
member Akali-Janata coalition ministry under the leadership of Prakash Singh Badal was sworn-
in on 23 June, 1977. In 1980 assembly elections the Akali Dal could win only 37 seats with
26.9% of votes. After Rajiv-Longowal agreement (24 July, 1985), elections to the Punjab As-
sembly were held on September 25, 1985. The Akali Dal (Longowal group) won 73 seats out of
117 and Surjeet Singh Barnala was sworn in as the Chief Minister. The violence and terrorism
that plagued Punjab did not abate but escalated and there was a complete breakdown of law and
order. Hence President's rule was imposed on Punjab in May 1987. The Akali Dal boycotted the
1992 Punjab Assembly elections. The Shiromani Akali Dal—BJP combine won 93 seats (75 +
18) in the 117 members Punjab Assembly in the elections held on February 7,1997. This was the
first 'normal' elections in the State since 1980. The turnout of over 69 per cent this time around
symbolises the triumph of moderate Akali politics over the radical variety—represented by
Simranjit Singh Mann. The Akali Dal has never been able to win a majority by itself. Basically it
is an exclusively Sikh Party (and that too with a base in the Jat peasantry). The Mazhabi Sikhs
and the Scheduled Castes, both Hindu and Sikh do not vote for it and it could never attract caste
Hindu vote.
The Akali Dal is both a regional and communal party. It is confined to the Punjab and open only
to members of the Sikh community, of which it claims to be the sole representative. It is widely
believed that the main base of Akali support in the Punjab is among the Jat Sikh peasantry.
Hindus are naturally disinclined to vote for such a party. It has also been frequently said that
scheduled castes—both Hindu and Sikh—do not find the Akali Dal appealing because of its base
among the Jat Sikhs, who are the rural overlords of the lower castes. Its core lies in the rich as
well as the middle class farmers belonging to the Jat community. Its major interest lies in the
increasing prosperity of the Sikh peasantry.
Religiously, the Akali Dal stood for the protection of the Panth (the Sikh religion). Politically,
according to its Constitution, it stood for the creation of an environment in which the Sikh
national expression finds its full satisfaction. Its political objective led it to demand a Punjabi
Suba or Punjabi sepaking State. The Dal is dissatisfied with the distribution of powers between
Centre and the States and it stands vigorously for state autonomy. In a resolution the Akali Dal
demanded that Centre's sphere should be limited to 'foreign affairs, defence and communication'.
The Resolution, passed in October 1973, is known as 'Anandpur Sahib Resolution'. Its basic
postulates are that :
(a) the Akali Dal is the very embodiment of the hopes and aspirations of the Sikh Nation
(Qaum) and as such is fully entitled to its representation;
(b) the concept of a distinct and independent identity of the Panth should628
INDIAN GOVERNMENT AND POLITICS
(c) the political goal of the Panth.....is the pre-eminence of the 'Khalsa';
(d) expansion of Punjabi Suba to include all Punjabi speaking areas; and
(e) the 'Centre's interference would be restricted to defence, foreign relations, currency and
general communication only.
Like the Congress Party, the Akali Dal too has been divided into factions, often bitterly and
openly opposed to each other. The Akali Dai's programme and policies since independence have
always moved around two constants : Sikh communalism and regionalism. As a communal party,
it looks upon all problems of politics from a sectional angle. As a regional party, it necessarily
seeks a Jarger degree of autonomy within the framework of Indian federalism. Perhaps for the
first time in 1997 elections, instead of harping on their traditional poll, theme of the "Panth-in-
peril", the Akalis and the B JP focused on the larger issue! of Punjabi identity. Had there been no
heterogeniety in the Sikh community—I based either on social hierarchy or economic status—the
Akali Dal would have j been in power since the reorganisation of the State.
THE POLITICAL DYNAMICS OF AIADMK
Factionalism in general proved to be the major reason for the birth of regional parties and it is
specifically so in the case of the AIADMK.12 In fact the emergence of AIADMK is the outcome
of factional quarrels within the DMK when intra-party conflicts, rigidity and factions began to
appear.13 The DMK faced factional problems even before the emergence of AIADMK, one when
C.N. Annadurai was alive and another after his death. The former factionalism was led by E.V.K.
Sampath in 1961 and later by V.R. Nedunchezhian in 1969. But these two did not affect the
parent party. When the factional problem arose in 1972, between M. Karunanidhi as the prisoner
of the factional politics inside the DMK and M.G. Ramachandran as the monument of strength
derived from the film world and kingmaking in the succession struggle of 1969, the latter rocked
the organisation to its very core.
As early as the 1960s, Karunanidhi found it very difficult to share public platforms with M.G.
Ramachandran. Enthusiastic audiences cheered M.G.R. and almost ignored Karunanidhi.
Seemingly, there was a growing concern inside the DMK over the popularity of MGR and his
MGR Manrams at the grass-roots level which promoted the charisma of MGR. Karunanidhi had
also sought to weaken MGR's position within the cinema industry by trying to launch his son,
M.K. Muthu as a new star and project him as another MGR. In j many places he tried to convert
the MGR Manrams into Muthu Manrams. As I the treasurer of the DMK, MGR wanted proper
accounting of the huge funds I of the party and wanted to know the sources of such income. MGR
also criticised I the DMK government for lifting prohibition and said that if his views were not j
given due thought, he would not hesitate to go to the public to gain their support! for his demand.
It was clearly a violation of party discipline and a direct I challenge to Karunanidhi. MGR was
suspended from all party posts and even from the primary membership of the DMK. But when
people heard this decision ran through city streets attacking DMK flags and pictures of
Karunanidhi. On October 15, 1972, MGR announced his decision to form a new political party in
deference to the wishes of his supporters of twenty thousand Rasigar Manrams. On October 18,
1972, MGR christended his party the Anna Dravida Munnetra Kazhagam. By the end of October
1972 the ADMK began to function as a viable political party.
The AIADMK accepted Annaism' as its basic ideology. Anna's solution to the problems of Tamil
society contain a synthesis of the principles of TamilTHE PARTY SYSTEM IN INDIA.... STATE PARTIES
629
nationalism, self-respects and social-reforms, the Parliamentary path, mass participation,
rationalism, democracy, joint sector, socialism and mass communication. MGR accepted these
basic tenets of Annaism in toto. However, he had a few more convictions of his own, like
casteless society, eradication of class influence, social order, special treatment of women, clean
administration and prohibition to bring Annaism upto date and to make it a purposeful philosophy
in the spheres of society, party and the Government.
Sixth General Elections to the Lok Sabha were held in March 1977 and there was a stiff contest
between two electoral alliances, namely, the progressive front which consisted of the AIADMK,
Congress (R), CPI and others and the Democratic Front consisted of the DMK, Janata and the
CPI(M). The Progressive Front carried the day with 35 wins. The DMK won just one seat and the
Janata in 3 constituencies. Probably it was the weight of the AIADMK that was responsible for
the clean sweep of the polls. In all it won 18 seats out of total 39. Seventh general elections to the
Lok Sabha were held in January 1980. The AIADMK contested 24 seats and won only 2. In the
eighth general elections of 1984, there was a still contest between two electoral alliances, namely
AIADMK front and the DMK front. The AIADMK contested 12 seats for the Lok Sabha and won
all the 12.
The Congress-AIADMK alliance, which bagged 37 of the 39 seats in 1984 poll repeated its
performance in 1989. The AIADMK captured 11 seats.
In June 1977, elections to the Tamil Nadu Assembly were held. Of the 234 seats in the Assembly,
AIADMK opted to contest 200 and won 126. The AIADMK formed its first ministry on June 30,
1977 with MGR as the Chief Minister. The AIADMK Ministry and the Tamil Nadu Assembly
were dismissed in February. 1980 and fresh elections were held for the seventh Assembly in May
1980. But surprisingly the people of Tamil Nadu opted for the rule of the AIADMK. The
AIADMK which obtained the absolute majority, formed the ministry under the Chief
Ministership of MGR on June 9, 1980. In the eighth general elections of Tamil Nadu Assembly in
1984, the AIADMK contested only 153 seats and won 132. The AIADMK for the third time, has
been enthroned in Tamil Nadu, returning with its highest ever election majority.
The AIADMK lost 1989 Assembly elections because it was a divided house. The AIADMK
factions (Jayalalitha faction and Janki faction) and the Congress I—the three of them had fought
together in 1984 and won 205 seats with 53.6 per cent of the votes. But the 2 per cent swing away
from them cost them 146 seats. Theorists argue that if the Congress (I) and Jayalalitha had joined
hands, they would have been catapulted to power because together they polled more votes than
the DMK in about 146 Constituencies. In all AIADMK(JL) won 27 seats and 21.7% of votes
while AIADMK(JR) won 1 seat with 9.1% of votes. The 1991 Tamil Nadu Assembly elections
were a personal victory of Jayalalitha and AIADMK swept 163 seats of the 232 seats for which
elections were held. The AIADMK is polled 1.67 per cent votes in the Tenth Lok Sabha elections
(1991) and won 11 seats. Faced with Corruption and authoritarian style of funtioning in 1996
Jayalalitha led AIADMK lost election to Karunanidhi led DMK. The verdict was virtually
unprecedented : from holding an impressive 163 of the 234 seats in the last assembly, the ruling
AIADMK plummeted to just 4 seats even as all its ministers lost their seats and some ever their
deposits.14 Her party was routed in 1996 Lok Sabha elections. However, AIADMK won 18 seats
in 1998 Lok Sabha elections. The Party contested the elections in alliance with
led coalition government at the630
INDIAN GOVERNMENT AND POLITICS
Centre. However, the AIADMK withdrew on April 9,1999 from the coordii] committee of the
BJP led coalition. The final step of breaking away froi coalition was taken on April 14, 1999
when AIADMK chief Jayalalitha, ha over the letter of withdrawal of support to the President. The
confidence m moved by the Prime Minister, when put to vote, was lost by 269 to 270 ^ Thus as
main alliance partner, AIADMK leader Jayalalitha could kee] Vajpayee government on
tenterhooks with just 18 MPs. In 1999 Lok S elections the AIADMK contested on 29 seats and
won 10 seats with 1.91 cent of votes.
The AIADMK led secular front, headed by Ms. Jayalalitha secured a 1 slide victory in the Tamil
Nadu Assembly election with 196 of the 234 t (May, 2001). The AIADMK, which contested 140
seats in alliance with the 1 the Congress, the PMK and the left parties, obtained a majority of its
ow winning in 132 constituencies.
In fact, AIADMK pledged first to uphold the basic theme of the In constitution and styled itself to
function as centrist party in order to bal; and educate conflicting social interests. Since federalism
in India has 1 handed down by the British as an institutional mechanism and as an ministrative
convenience, the AIADMK feels that there is much of centra! tion in the constitutional and extra-
constitutional processes leading to regii imbalances in India. 15 At the same time the party
understands that the polii relations are the denominator for harmonious Centre-State relations. Th
fore, the party has shunned conflictual tactics and has willingly accepted co-operative strategy as
the basis for all federal relations.16 This strategy of AIADMK proved to be successful with the
Janata or the BJP Governmem well as with the Congress Government at the Centre. The Oravida
Munnetra Kazhagam (The DMK)
In the Tamil speaking areas of South India—chiefly in the state of Ch nai—the Dravidian
movement has been a considerable popular support. T movement "is essentially a social protest of
the Tamil masses against Brahm; and even elite non-Brahmans at the top of the caste hierarchy
and "a chan for protest against alleged north Indian economic imperialism. Indeed, as alliance of
aggrieved Tamil Castes, the movement typifies the political potent of regional caste groups,
united behind a catch-all slogan against a forei scapegoat." It has taken political expression in the
'Blackshirt' moveme composed of two kindred groups, the Dravida Kazhagam or Dravidian Fede:
tion, and the Dravida Munnetra Kazhagam or Dravidian Progressive Fedei tion." 17
The Dravida Kazhagam was founded in 1945 by E.V. Ramaswamy Naick whom his followers
know as Periyar or Great Sage. Naicker left the Indi National Congress in 1922, and for the next
two decades and more he support the effort of the Justice Party in obtaining greater non-Brahman
representatii in government agencies and in schools. Now in his eighties, he has been fora to take
a back seat in favour of a former lieutenant, C.N. Annadurai, wl seceded from the Dravida
Kazhagam in 1949 and founded the DMK.
The DMK is considered as one of the most important regional parties Tamil Nadu. In fact, it
came into existence as a result of a split in 1949 whe a sizable section left the Dravida Kazhagam
under the leadership of C. AJ nadurai. Among other reasons, the one that constituted the
immediate conte; of the split was the marriage of the old Dravida Kazhagam leader E.V.]
Naicker, with a young girl of twenty-eight. The splinter group regarded this THE PARTY SYSTEM IN
INDIA.... STATE PARTIES
631
violation of the party's social objective which involved the promotion of equal
marriages.
The DMK began its career as a secessionist party aiming at the formation of an autonomous state
consisting of the states of Chennai, Andhra Pradesh, Mysore and Travancore-Cochin. It
propounded the thesis that the northern Aryan culture was an alien culture and Hindi an alien
language. It believed that the North had imposed its culture and language on the South. It, thus,
became the objective of the DMK to fight for the political and cultural autonomy of the South.
During the debate in the Rajya Sabha on May 1, 1962, its leader, C.N. Annadurai, maintained that
the people of southern India were of different stock from that of the north. He alleged that the
south had been 'ignored' and 'neglected'by the Union government in plans for India's industrial
development. Dravidian Propagandist A.S. Venu has explicitly claimed that it is the Dravidis-tan
demand which gives his movement its unique position in Tamil Nadu, relegating other anti-
Congress Parties to insignificance.18 But in 1963 after the Centra] government had showed some
sensitivity to southern demands, a marked change in its attitude toward secession became evident.
It came to plead for greater federal autonomy within the constitutional framework in place of
secession. In mid-September 1970, the DMK convened in Madras city a 'State autonomy
conference', and its leader, V.B. Raju, MP criticized 'New Delhi attitude' in trying to administer
state's subjects, holding the states as its 'debtors' and using its 'financial strings' to control them. In
1971 the DMK government of Tamil Nadu appointed a commission to examine the entire
question regarding the relationship that should exist between the Centre and the States in a federal
set up and to suggest amendments to the Constitution so as to 'secure utmost autonomy to the
states'. The Committee was headed by P.V. Rajmannar, a retired Chief Justice of Chennai High
Court. The Party asserts that the Constitution of India should be so amended as to provide for the
continuance of the English language and the dropping of Hindi as the sole official language of
India. The DMK has extended its field of operation to the neighbouring Union Territory of
Pondicherry where it succeeded in forming the government in alliance with the Communists.
DMK's decision to stay behind but not openly contest the first general election in order to
consolidate its position and try its strength by proxy for a start also paid rich dividends, as DMK
succeeded in helping 30 MLAs win the 1952 elections. It won 15 Assembly and 2 Lok Sabha
seats in the 1957 elections. In the 1962 elections it won 7 out of 39 seats in the Lok Sabha and 50
out of a total of 234 seats in the State Legislative Assembly and emerged as the main opposition.
The tremendous mass support in favour for the DMK in state politics was seen in the 1967
elections when it won 138 of the 234 seats in the Assembly and returned all 25 of its candidates
for the Lok Sabha. The DMK became the first and only non-Congress party in India to form a
government in a state on its own. Annadurai became the Chief Minister and he worked effectively
with the government of India, while at the same time he asserted the rights of the States and the
special linguistic, regional and cultural claims of his State, which was renamed Tamil Nadu.
Again in the 1971 elections the DMK achieved a tremendous success. It contested 24, and won
23 out of the 39 Lok Sabha seats, and 184 of 234 Assembly seats. The DMK ruled Tamil Nadu
until it came under President's rule on January 31, 1975, exactly 50 days before the normal 5 year
term of the632
INDIAN GOVERNMENT AND POLITICS
It captured only 48 seats and in May 1980 it bagged only 38 seats. The Party had secured 24 seats
in 1984 by polling 29.5 per cent votes. In 1989 it won 65 per cent of the Assembly seats (151
seats) with only 33.44 per cent of the votes, i A mere swing of 4 per cent votes in its favour gave
it 127 more seats. Supported by a Committed cadre more than a million strong, Karunanidhi was
able to " exploit the regional media, caste equations, Congress (I) dissidence and the split in the
ADMK to his own advantage. The slogan which really caught on was Karunanidhi's appeal to
protect Dravidian pride. His slogan was—'You want to be ruled from Delhi or Madras?' But
ruling DMK's prestige was eroded in the Novermber 1989 Lok Sabha elections. It could not win a
single seat in the State. After formation of Chandra Shekhar government, the Congress and the
AIDMK mounted pressure for dismissal of the DMK Government on the plea of breakdown of
law and order in Tamil Nadu. In the 1991 Assembly elections, however, the DMK was
completely routed. It could win only one seat. Taking responsibility for the rout, Karunanidhi
resigned his only Assembly seat. In 1996 DMK captured 172 assembly seats riding on anti-
Jayalalitha wave. It has also won 17 Lok Sabha seats and joined Deve Gowda and I. K. Gujral led
coalition governments at the Centre. In 1998 Lok Sabha elections, DMK won only 5 out of 39
seats from Tamil Nadu and one from Pondicherry. In 1999, the DMKjoined NDA as it wanted a
friendly centre. The party contested on 19 Lok Sabha seats and won 12 with 1.75 per cent votes.
At the eve of 2004 Lok Sabha elections the DMK forged an alliance with the Congress and
captured 16 seats with 1.82 per cent of votes. The Party has joined the Manmohan Singh
Government as alliance partner since May 2004.
THE TELUGU DESAM
The Telugu Desam is a comparatively new political phenomenon that in 1982 gained dominance
in Andhra Pradesh's politics under the charismatic leadership of N.T. Rama Rao, a matine idol.
The party originated in reaction to Indira Gandhi's frequent imposition of unpopular Congress
Party Chief Ministers on the people of Andhra Pradesh. Most of these Chief Ministers did not last
very long, and the faction-ridden state Congress party failed to deliver on its promises.
NTR emphasized regional themes of Telugu nationalism. He stressed the Congress's corrupt
political culture and argued that repeated intervention from Delhi had destroyed the Telugu
people's capacity for, and pride in self-government. These themes probably appealed to many
amongst Andhra's urban middle class. NTR also promised special new government programmes
to help women and youth secure better educational facilities and jobs. 'Reservations', and thus
better job and educational opportunities for the backward classes, was another major plank of the
campaign platform. Plans to sell subsidized rice and to provide free lunch for all school children
were announced. These were aimed at cutting into Congress's support base amongst the poor,
especially the Scheduled Castes.
The political symbols and the idiom that NTR used to transmit his message were as important as
the substance of his campaign promises. Clad in his saffron robe—the traditional garb of India's
holly men—and riding around in a convertible transformed to look like a chariot, NTR might
have been a figure from the Mahabharata, reincarnated to protect the dispossessed from worldly
evils. NTR succeeded, in part, because all his populist promises were made not as an aspect of
socialism of the Congress model, but "through home-grown imageries and idioms available in the
backyard of the nation."THE PARTY SYSTEM IN INDIA.... STATE PARTIES
633
The Telugu Desam denounced the New Delhi domination of the state politics and in 1983 won an
impressive majority in the state election, defeating the Congress Party. The Telugu Desam
secured 198 seats while its ally the Sanjay Vichar Manch won 4 seats. Since its formation, the
Telugu Desam has faced various challenges from the Congress Party. In both the 1984 parliamen-
tary election and the 1985 state election, however, it routed the Congress (I) at the polls : For the
Lok Sabha it won 28 out of 49 seats and in the March 1985 state elections it won 202 out of 287
seats. In fact in the Lok Sabha, it emerged as the single largest Opposition Party in 1984, with
more members than the other all-India parties. NTR took initiatives to hold periodic opposition
conclaves and played consummate role in rallying anti-congress alliance.
However, in November 1989 poll, the people of Andhra Pradesh gave a decisive vote against
NTR's rule. NTR and his Telugu Desam party were rejected by the electorate, not because of
ideology or as a result of any wave but for sheer lack of performance and failure to implement the
promises he had to the electorate. The party secured only one of the 22 Lok Sabha seats it
contested and won only 74 Assembly seats. The Party in 1991 Lok Sabha elections polled 3.02
per cent votes to win 13 seats. In 1991 parliamentary elections it regained some of its lost ground
and in 1994 once again won the Andhra Assembly elections.
NTR, who came to power with such a massive mandate in December 1994, winning 220 out of
294 seats for his Telugu Desam, bowed out of the office of Chief Minister on August 31, 1995
and paved the way for his son-in-law Mr. Chandrababu Naidu, to succeed him.
Mr. Chandrababu Naidu had revolted against NTR in a "family coup" and was duly sworn in on
September 1995 as new Chief Minister. In 1996 parliamentary elections the TDP won 16 seats
and joined the Deve Gowda and I.K. Gujral governments at the Centre as coalition partner. As the
convenor of the Steering Committee of the United Front, the TDP leader Mr. Chandrababu Naidu
had emerged as the kingmaker. In 1998 Lok Sabha elections TDP won 12 seats with 31.97%
votes and indeed, the existence of Vajpayee led coalition depended on the crucial support of the
TDP. After 1999 Lok Sabha elections the biggest coalition partner with outside support is
Chandrababu Naidu's Telugu Desam Party with 29 MPs. In both the United Front Governments
led by H. D. Deve Gowda and I. K. Gujrat, he played the role of an anchor. In the 13-month
Vajpayee government too his conduct was exemplary. The simultaneous elections in April-May
2004 became a referendum on TDP's nine year rule in Andhra Pradesh. Chandrababu seems to
have lost because the perception he tried to create about himself did not coincide with the reality.
The defeat was comprehensive as the TDP lost in every sub-region and even in the twin cities of
Hyderabad and Secunderabad, which he was accused of pampering at the cost of rural areas.
However, the TDP got 47 Assembly seats (37.33 per cent votes) and only 5 Lok Sabha seats
(3.06 per cent votes).
N.T. Rama Rao and his party are strong advocates of greater state autonomy. NTR's social
welfare schemes like cheap rice, saris, old age pension, etc., have also been a source of strength
for the party. The rice supply scheme, which alone cost the exchequer Rs. 200 crore annually,
helped nearly 40 millions poor. The benefit of old age pension went to about 6 lakh peoples. The
TDP loyalists had a reason to claim that NTR Government was seen by the masses as benevolent,
spreading prosperity and stability in the State.
On the whole, TDP is a personalized party. It was one-man's affairs and ^ i i —i—i^^ ,,n
nmmr<! in his hands. It was not the Telugu Desam which634
INDIAN GOVERNMENT AND POLITICS
was sustaining NTR, but it was the film star turned politician who literai carried the party
on his back. Today it lacks in grass-roots and remains a so of private fan club that it was
when NTR founded it.
THE JHARKHAND PARTY
The Jharkhand movement can be traced back to the Birsa uprisings at th end of the last
century. Birsa Munda, a charismatic leader fought against th inhuman acts of the British,
the Hindu Zamindars and the Bengali money lenders. His ideals continue to guide the
tribal leaders as well as the masses even today. Leaders belonging to different tribes and
pursuing divergent ideologies and programmes of action have agreed to come together
under the umbrella of this tallest father figure of the Adivasis of Bihar. During the first
four decades of the present century the various organisations and movements! in the
region aimed at social awakening and economic uplift of the tribals as they realised that
this was necessary before they could fight against their oppressors and exploiters. Ethnic
and economic considerations were articulated by the Adivasi Mahasabha, founded in
1938. Jai Pal Singh became a prominent leader of the movements. The Mahasabha was
transformed into the Jharkhand Party in 1950, which declared the formation of a separate
state for the Jharkhandis as its main objective.
Under the leadership of Jai Pal Singh the party emerged as the main opposition in the
Bihar Assembly in the 1952 general elections. It maintained its position in the 1957 and
1962 elections. In 1963, the Party's merger with the Congress Party dealt the movement a
serious blow. However, several splinter groups and individuals have continued to strive
to reorganise the party to fight for their cherished goal of a separate state. But no unified
Jharkhand party has been able to emerge till today. This is due to the ethnic divide,
factionalism, power politics, control of the administration and resources by non-
Jharkhandis and anti-Jharkhand movements by some political parties, organisations and
individuals.
The resurgence of the movement in the Post 1963 period can be seen in terms of the
formation of various parties—the Jharkhand Party of India, All India Jharkhand Party,
Hul Jharkhand Party, Jharkhand Mukti Morcha (JMM) and the Jharkhand Co-ordination
Committee (JCC). In the 1991 Lok Sabha elections the JMM polled 0.55 per cent of the
popular vote and 6 seats while in 1996 parliamentary elections it could capture only one
seat. In 1998 Lok Sabha elections its tally was zero although it got 0.36% votes. In the
Bihar Assembly elections of 1990, the JMM won 19 seats and its support had been
crucial for Laloo Prasad Government. In 2004 Lok Sabha elections the JMM won 5 seats,
with 0.48 percent votes.
On the whole, the Jharkhand Party has remained so far a regional party exploiting the
tribal sentiments and having its mass base in the scheduled tribes of Chhota Nagpur and
Santhal Pargana regions. Its objective is the] formation of an Adivasi state.
NATIONAL CONFERENCE
The National Conference is a regional party in the State of Jammu and Kashmir. It was
founded by Sheikh Mohammad Abdullah, a Kashmiri Freedom Fighter. His efforts
resulted in the development of Kashmiri self-respect and a strong sense of sub-national
identity. The National Conference under his leadership was able to secure for Jammu and
Kahsmir a special status in the Indian Union not given to any other Indian State. In 1931,
there was a ferment in the State, which resulted in the formation of a communal party
called theTHE PARTY SYSTEM IN INDIA .... STATE PARTIES
635
Muslim Conference to articulate the interests of the Muslims—the majority community in the
State. The Muslim Conference functioned in both the regions. In 1939 under the influence of
nationalist leaders like Nehru and Kashmiri friends like Premnath Bazaz and G.M. Sadiq, the
leader of the Muslim Conference, Sheikh Abdullah, decided to throw the doors of the party open
to non-Muslims also. The party was renamed as the All Jammu and Kashmir National
Conference. Following the transfer of power the Kashmiri speaking valley based leaders of the
National Conference had become the real rulers of the State.
In 1957, the National Conference party faced a split when many of its top leaders including G.M.
Sadiq, Syed Mir Quasim, G.L. Dogra and D.P. Dhar left it and formed another party called the
Democratic National Conference. However, the party merged with the National Conference
reportedly at the instance of Jawaharlal Nehru. The merger of the two parties did not lead to
complete reconciliation between the two factions, and they functioned within the National
Conference, with Bakshi Ghulam Mohammed and his supporters dominating both the party
organisation and the legislative wing of the party. The Indian National Congerss decided to
extend its activities to the State and the National Conference Party converted itself into the State
unit of the Congress Party. On January 26, 1965, the enrolment of members for the Congress
Party started and the National Conference was dissolved. The ruling party contested the 1967
elections as a unit of the Congress party.
The Sheikh's acceptance of the terms of the New Delhi accord in 1975 was a compromise. He
was made to return to power in the State with the support of the Congress (I) State Unit. He has
revived the National Conference which secured a clearcut majority in the Assembly elections of
1977. Afterwards Sheikh Abdullah has ceremonially appointed his son Farooq as President of the
ruling party.
After the death of the Sheikh in 1982, however, the Party became divided into two factions—one
led by his son, Farooq Abdullah, and the other by the Sheikh's son-in-law, G.M. Shah. Abdullah's
government, which won a clear majority in the 1982 State election, was dismissed through
Congress (I) manipulation. In its place Congress (I) installed a government led by G.M. Shah's
faction of the National Conference, which was supported by the Congress (I) members. However,
in the 1984 elections the Farooq led National Conference once again swept the Parliamentary
elections in Kashmir Valley and demonstrated its clear hold among the Kashmiri people. In
March 1990, Governor's rule was proclaimed and Farooq Abdullah's government was dismissed.
The National Conference captured 57 out of 87 seats in 1996 assembly elections. The Party won
4 Lok Sabha seats in 1996, 3 seats in 1998 4 seats in 1999 and only 2 seats in 2004 Lok Sabha
elections. The party has also joined the Vajpayee government at the Centre.
After the final results of the J & K Assembly elections came in on October 10, 2002, it became
clear that National Conference had been voted out of power, even though it emerged as the single
largest party (28 seats) in the hung assembly. This is the first time that a government has been
changed in the state through an election.
National Conference's Autonomy Report (April, 1999)
The Jammu and Kashmir Legislature passed a resolution on June 25, 2000 demanding autonomy
for the State.
■»+- i-l r
r-rA nfinn c- V\r*+- lunr

636
INDIAN GOVERNMENT AND POLITICS
framework), the recommendations of the State Autonomy Committee demanding reversion to the
pre-1953 status have set alarm bells ringing in political circles.
The report, among other things, talks of repealing all matters in the Union List, save for defence,
external affairs and communications, so as to provide greater autonomy to the State. It wants J &
K to be taken out of the ambit of the Supreme Court and the Election Commission.
It also talks of reverting to the pre-1953 nomenclature of Sadar-e-Riyasat (instead of Governor)
and Prime Minister (instead of Chief Minister).
THE AUTONOMY PLAN
Grant permanent status to Article 370; the existing provision is deemed to be a temporary measure.
Put J & K out of the ambit of the Supreme Court and the Election Commission.
Reserve all subjects except Defence, External Affairs and Communications for the State.
Change the nomenclature of J & K Governor to Sadar-e-Riyasat, and Chief Minister to Prime Minister.
Review Centre-State financial relations; Comptroller and Auditor General's scrutiny should not apply to J
& K.
The most significant recommendation of the committee, headed by State Works Minister Ghulam
Mohiuddin Shah—who assumed the charge after Dr. Karan Singh had resigned—is according
permanence to Article 370 of the! Constitution providing a special status to Jammu and Kashmir,
which was] originally enshrined as a temporary measure only.
The committee has recommended deletion of the word 'temporary'from the title of Part XXI and
heading of Article 370 on the plea that the State Constituent Assembly ceased to exist once a
separate Constitution was adopted by the State without recommending the removal of this
Article. Under the circumstances, to call Article 370 temporary should have been declared a
"misnomer" way back in 1956 itself, the panel has further argued.
The report seeks to undo all the Central legislations, which were made applicable to the State
after 1954. Brushing aside all criticism, it has recommended changing the nomenclature of the
Governor to Sadar-e-Riyasat and that of the Chief Minister to Prime Minister as was prevalent
before 1953.
It has also sought to repeal all matters in the Union List not relating to defence, external affairs
and communications, to provide greater autonomy to the State.
The report, recommending restoration of pre-1953 status to J&K by revoking hundreds of central
laws, has also been opposed by the Congress, Kashmiri Pandits and a Ladakhi organisation, even
as the ruling NC defended it. "The J&K BJP will never allow the change of status quo. We will
oppose the implementation of the recommendations of the report", senior state BJP leader and
Union Minister of State for Civil Aviation C. L. Gupta said.
Stating that greater autonomy was no solution to the problems of J&K, Gupta said "reversing" of
the State's integration with the union would not be allowed by his party. Vowing to oppose the
grant of more autonomy to the State, he said BJP "has made many sacrifices for national unity.
These will not be allowed to go waste."
The NC defended the acceptance of the recommendations, saying it was the "only way to end the
problems in Kashmir".THE PARTY SYSTEM IN INDIA.... STATE PARTIES
637
The Ladakh Buddhist Association has also reportedly opposed the report, saying "It is dangerous
for national unity." It apprehends that implementation of the report might lead to "enslavement of
the Ladakhis by Kashmiris". The report has evoked opposition among Kashmiri Pandits with
their organisations here terming the move as an attempt to turn the clock back. "The Farooq
Government should have concentrated on restoration of normalcy than on restoration of the pre-
1953 position", said Kashmiri Samiti Vice-President Sunil Shakdar.
He said that the views of Kashmiri Pandits were never sought by the committee and thus was not
acceptable to the minority community. Alleging that the report amounted to 'secession', Shakdar
asked the Central Government to reject the report.
The Government of India has not accepted the Resolution passed by J&K Assembly for grant of
autonomy to J & K as its acceptance would have set the clock back and reversed the natural
process of harmonising the aspirations of the people of J & K with rest of the nation.
SH1V SENA
The Shiv Sena was formed by Bal Thackeray in the State of Maharashtra. It draws inspiration
from the great national hero, Shivaji. It wants to improve the conditions of the Maharashtrians in
their own state. It seeks to free the people of Maharashtra from the injustice they suffer at the
hands of big industrialists. It stands for the 'son of the soil' slogan. Occasionally it resorted to
violence to protect the interests of the Maharashtrians. For example, on the issue of border
dispute between Mysore and Maharashtra, the Shiv Sena tried to pressurise the government in its
favour by resorting to violence, arson, etc. The organisation secured a clearcut victory in the
municipal election of Bombay in 1968. In 1990 Assembly elections, the Shiv Sena won 52 seats
and ranked as number two party after the Congress (I). The Shiv Sena is polled 0.78 per cent
votes in the Tenth Lok Sabha elections (1991) and won 4 seats.
Having swept to power on an anti-establishment vote, the Sena-BJP alliance formed the
government in Maharashtra in March 1995. Nearly 29 years after Bal Thackeray started the Shiv
Sena, his dream of capturing power in Maharashtra has been realised. As an ally of the BJP in
1996, 1998, 1999 and 2004 parliamentary elections the party won 15, 6, 15 and 12 Lok Sabha
seats and joined the BJP led government at the Centre.
THE REPUBLICAN PARTY & PEASANTS AND WORKERS PARTY
The Republican Party (RP) and the Peasants and Workers Party also deserve attention. Both the
parties are supported by castes in Maharashtra, but at the same time the leadership of the parties
has tried to broaden their bases by putting forward ideologically trimmed programmes.
The Scheduled Caste Federation founded by the late Dr. Ambedkar was the forerunner of the
Republican Party. The new name of the party was chosen in 1957 after Ambedkar had started a
campaign of mass conversion of backward classes from Hinduism to Buddhism. The Republican
Party seeks to preserve the legacy of its great leader and continues to defend vehemently the
rights of the underprivileged classes. In December 1964 it started a satyagraha movement in
Maharashtra, Punjab, Rajasthan and other Indian states and presented a charter of demands to
Prime Minister Lai Bahadur Shastri.
In spite of its pronounced accent on class struggle the Republican Party has succeeded in bringing
a large part of oppressed classes under its banner. Its main area of influence continues to be
Maharashtra where it has a solid ennnnrt, of the Mahars, a self-assertive group of untouchables.
Already during638
INDIAN GOVERNMENT AND POLITICS
The preference of the Mahars for the left-oriented Republican Part} probably influenced by the
desire to achieve equality with the upper class Also the Peasants and Workers Party has acquired
that curious mixture of ca and class complexion. It appeals primarily to the non-Brahmin depress
groups. The orientation of the party is socialist, surrounded by a mystic ea of communalism. A
distinguished faction of the party, however, has in I formation of the Dalit Panthers given the
untouchables new militancy. The w( Dalit means 'the oppressed' in Marathi and is used in an
explicitly caste conte The Panthers have come primarily from among urban educated and i
employed youth.
THE MUSLIM LEAGUE
After partition most of the Muslims who remained in the Union of Ind including most of those
who had supported the Muslim League for many yea: left League and entered into other political
groupings. In Pakistan the Leag was the dominant party for many years, occupying a position
comparable that of the Congress Party in India, but in India it ceased to be a great politic force.
There is, however, an All India Muslim League, which has some streng in the South. Only in the
Malabar District of Kerala and in some areas of Tan Nadu and U.P., the party has loyal
supporters. In Kerala it has been i important political force, joining with the Congress in anti-
communist coa tions, with both the left and right communists in a United Front against tl
Congress and with the right communists in a United Front against the le communists. In 1967 it
elected 2 members to the Lok Sabha and 14 to the Kera State Assembly. In 1970, 11 members of
the League were elected to the Assemb and in 1979, its leader Mohammed Koya was installed as
Chief Minister of tl coalition government. Now and then in other states also Muslim protest partii
emerge in order to protect the language (Urdu) and culture of their own.
SALIENT FEATURES OF REGIONAL PARTIES
The regional parties are more concerned with the interests of certai groups than with the general
welfare of the nation. They are limited in thei aggregative potential by being identified with the
interests of a particula ethnic, linguistic or religious groups. Parochial or regional parties have
grow considerably in India since Independence. Many of these differences were, c course,
submerged in the national movement. Frequently middle clas politicians exploited parochial
sentiments to propel themselves into position c prominence. Sometimes caste and other
traditional loyalties may be overlaii by political or ideological statement. In certain cases these
parties have a dominan influence in a locality or region, but at the national level their impact is
limited.
In India pure caste parties are relatively few. However, the areas o influence of those parties
which campaign for greater autonomy of a region o; for linguistic rights of a community is
mostly confined to the area where certaii castes and tribes have nevertheless acquired some of
their characteristics. Th< Jharkhand Party, for instance, aims at achieving a Jharkhand State for
sii million primitive tribals who live in the high plateau of Chhota Nagpur (Bihar) Similarly, the
Nag Vidarbha Andolan Samiti agitates for a Vidarbha State. Tht Party was founded by M.S.
Aney before the Third General Elections. It is mainlj supported by the trading class of Marwaris
who feel that in a proposed Vidarbha State they would be able to occupy key positions.
The Third General Elections clarified that after the linguistic reorganisation of the States the
parties which had played up language patriotism had lost their emotional appeal. But the political
situation in Assam apparently proves that the linguistic diversity of the Indian Union encourages
parties to take upTHE PARTY SYSTEM IN INDIA.... STATE PARTIES
639
linguistic matters from time to time. Thus, in protest against the Assam State Language Act of
1960, the All Party Hill Leaders Conference (APHLC) was formed to spearhead the demand for a
separate Hill State. The tribal leaders succeeded in their objectives. On September 11, 1968 the
Government of India announced a plan for creating an autonomous state to be known as
Meghalaya. The tiny sub-state embraced three major tribes, the Khasis, the Jaintias and the
Garos. The power elite is predominantly Khasi, who are not at all inclined to dissolve the APHLC
after it has fulfilled its political purpose as formerly proclaimed.
Linguistic minorities living in various states are also fighting for the protection of their language.
Their area of political influence is very marginal, but that does not prevent them from
representing their demands with vehemence. Sometimes they take shelter behind the slogans of
more autonomy or administrative reorganisation. The Lok Sevak Sangh (West Bengal), the
Karnataka Prantheekarana Samiti (Kerala), and the Maharashtra Ekikaron Samiti may be
mentioned as examples of linguistic oriented minority parties.
Thus the regional parties are organised on the personality cult. In the beginning, they start as
parties of pressure. They played the role that pressure groups play in a political system. They
stand for separate statehood, state autonomy and regional language. Sometimes they are
communal in outlook and plead the cause of certain communities. As political mobilization
increases, the role of local parties and independents as well as regionalisation of 'national' parties
may increase rather than diminish.
The emergence of increasingly vigorous regional parties in electoral competition with the
Congress has been a significant catalyst of the 'participation explosion'. The possibilities for
victory at state level, dramatized in the 1967 elections and enhanced by the economic crisis and
political disillusionment that supplanted the Indira wave' of the early 1970's have accelerated
party efforts to mobilize new base of support and to aggregate a range of varies interests. The
regional parties, at least in coalition, provide a meaningful alternative to Congress rule in many
States, but it has yet to achieve cohesion at the Centre. The regional parties are fragmented and
for the most part weak. But they have been instruments for the stimulation of political
consciousness and expanded participation.
REGIONAL PARTIES AND THE POLITICAL SYSTEM
The changing political landscape has brought into focus the new emerging role of regional
parties. Mr. P. Chidambaram recently highlighted this fact before a distinguished group of
international business leaders by observing that the regional parties are "close to the people and
impatient to develop India." Not only this. The Chief Ministers, who represent the regional parties
and aspirations, are "actively involved in deciding national affairs."
The growing presence and salience of regional Parties is, undoubtedly, the most outstanding
aspect of political development in India over the past few years. They have catalysed a
realignment of political process and their impact on the structure and process of politics has been
multi-directional and far-reaching. At least three distinct dimensions of what has been described
as regionalisation of politics in India can be briefly indicated here.
In the first-place, the political clout they have acquired poses the hitherto most powerful
challenge to India's 'one-party dominance' or 'one party plus' system. In the challenge to Congress
dominance at the centre that is now building up, regional parties have a critically important role.
They form a sizable bloc in parliament. It is not surprising, therefore, that it is also a front • - -
n.-----<„„*-;„„„!» oi+cn-rmtivfi to Conarress (I).INDIAN GOVERNMENT AND POLITICS
:~T~ --
___________-.....^vL-mwitNl AND POLITICS_______________________
Another area in which regional parties have a natural stake and are bound to make a strong
impact is that of centre-state relations. In view of the marked change in the ecology of Indian
federalism, there is bound to be some redistribution of powers to reduce the financial dependence
of the States on New Delhi. Lastly, regional parties can be said to have made politics more
competitive and popular participation in the political process more extensive at the grassroots. So
long as the Congress held a virtually undisputed sway in the political arena, the party's 'Vote
bank'strategy rested on the mediation of local caste and community leaders who could deliver the
rural vote at the hustings. Regional i parties have inducted in the districts a new breed of rural-
elites who have risen from the soil, speak in an idiom the people understand and have as a result,,
narrowed the mass-elite communication and culture gap. This is a positive gainj and is clearly
reflected in the marked rise in voter turn out at the polls in states I where electoral contest has
become keener in proportion to the displacement of j the Congress from a position of monopoly.
However, it is essential to demystify the reality of regional parties and politics for properly
understanding the real challenges of emerging regionalism in India :
1. Every single state in the southern, eastern, north-eastern, northern and north-western regions is
involved in either inter-state boundary or river water disputes. Since every regional party is co-
terminus with its state boundaries, these parties cannot negotiate with their neighbours because of
the fear of alienation of local state sentiment on the basis of which these parties come to power.
Mr. Chandrababu Naidu of Andhra Pradesh, Mr. Karunanidhi of Tamil Nadu or Mr. Mohanta of
Assam may be experiencing new freedom in the context of regionalisation of Indian politics, but
these Chief Ministers have not been able to find any solution on their own to either inter-state
river water disputes like Cauvery or Almatti or inter-tribal or intra-tribal fratricidal wars in north-
east India. Regional parties are nurtured and nourished by local sentiments and it is impossible
for them to resolve inter-state disputes without a powerful arbiter i.e., an effective Central
Government.
2. The regional parties represent local caste and class interests and these interests come into
conflict with either the neighbouring states or with larger social goals of development of India.
The Akali Dal of Punjab represents caste, community and class interests of the Jat-Sikh
capitalist farmer and Mr. Badal emerged as a lobbyist of his social constituency by raising the
issue of the minimum support price for wheat. Further he has issued a warning to the whole
country that if 1 the support price for wheat is not enhanced to the desired price level, the official
procurement agencies will not be able to induce the farmer to sell his products to them and the
modified Public Distribution System will not succeed in the absence of new incentives to the
producers of wheat.
3. These parties have not shown any new quality of government. Fiscal deficit, populist schemes
and bankruptcy of the State Electricity Boards are the highlights of governance of the regional
parties. Many regional parties have not been able to provide an alternative of model governance
as compared with the erstwhile governments of the Congress party.THE PARTY SYSTEM IN
INDIA.... STATE PARTIES
641
4. Not only this, many regional parties have intensified the feelings of parochialism and
language fanaticism. Punjab and Haryana have given a warning that wheat is not available except
on the terms and conditions laid down by Mr. Badal and Mr. Om Prakash Chautala. The ULFA or
ASSU-AGP in Assam may follow Mr. Badal and Mr. Chautala and stop the flow of oil to the
country.
5. The presence of regional parties at the centre makes the national leaders or chief ministers of
the regional partners more powerful than the Prime Minister. Mamata or Jayalalitha can ask her
party's cabinet ministers to quit the Vajpayee Government or the Akali Dal leadership can insist
on the number of their party representatives in the Vajpayee Government. Anew 'Veto' power is
being exercised by regional leaders over the political executive of the Central Government in
areas which were considered the special prerogative of the Prime Minister.
6. The worst part of the regional political formations is that they raise highly emotive issues like
Praful Mahanta on the so called 'ineglect of Assam', or the Akali Dal proclaiming that the Sikhs
are under threat from the Centre, or Laloo Yadav threatening everyone that the division of Bihar
would be over his dead body and the DMK always raising the issue of Hindi imperialists.
The upshot of the above arguments is that it is wrong to romanticize the regional parties. The
powerful regional leaders of U.P. and Bihar like Mr. Mulayam Singh Yadav, Ms. Mayawati and
Mr. Laloo Prasad Yadav have not shown any capacity to pull out U.P. and Bihar from
backwardness.
REFERENCES
1. See for example W.H. Morris Jones : "Dominance and Dissent", Government and Opposition, July-September
1958, and W.H. Morris Jones "The Indian Congress Party : A Dilemma of Dominance." Modern Asian Studies, April
1967, For Rajni Kothari's views, see his "The Congress System in India,"Asian Survey, December 1964 and "India :
The Congress System on Trial," Asian Survey, February 1967.
2. Rajni Kothari, Politics in India (Boston, 1970), p. 200.
3. Stanley A. Kochnek, The Congress Party of India : The Dynamics of One-Party Democracy (Princeton, 1968), p.
xix.
4. Kothari, n. 2. p. 160.
5. The. Hindustan Times, March 19, 1953.
6. Norman D. Palmer, The Indian Political System (Boston, 1970), p. 208.
7. Kothari, n. 2, p. 200.
8. Palmer, n. 6, pp. 238-39.
9. Paul R. Brass. Language, Religion and Politics in North. India (Vikas, Delhi, 1975), pp. 314-15.
10. Baldev Raj Nayar, Minority Politics in. the Punjab (Princeton, 1966), p. 86.
11. Paul Wallace, "The Political Party System of Punjab State (India) : A Study of Factionalism (Berkeley, 1966), p.
200.
12. Statesman, December 5, 1972.
13. R. Thandavan, "A1ADMK in Tamil Nadu : Its Emergence and Unprecedented Growth", The Indian Journal of
Political Studies (Jodhpur), December 1985, Vol. 9, p. 56.
14. India Today, May 31, 1996, pp. 84-85.
15. C.A. Perumal & R. Thandavan, "Regional Parties of Tamil Nadu : ACase Study of AIADMK," The Indian
Journal of Political Studies (Jodhpur), July 1987, Vol. 6 & 7, p. 35.
16. R. Thandavan, Ibid., n. 2, pp. 81-82.
17. Norman D. Palmer, The Indian Political System (London, 1961), p. 211.
18. Harrison, India : The Most Dangerous Decades, pp. 122-124-188.2 Chapter 49
PRESSURE GROUPS IN INDIAN
POLITICS
Pressure groups are 'interest groups' as well as 'influence groups'. They are not solely political
organisations and unlike political parties, they do not put up candidates for elections. We may
also call such groups as "private associations formed to influence public policy." They are a
medium through which people with common interests may endeavour to affect the course of
public affairs. In this sense any social group which seeks to influence the behaviour of
administrators and parliamentarians, without attempting to gain formal control of government,
can be said to be a pressure groups.1
The development of pressure groups in India's political system is generally regarded as a vital
element in the process of political modernization, in so far as it represents a response to
increasing functional differentiation and to the breakdown of traditional types of authority. 2 Since
Independence, after the adoption of modern political system, the most of dominant interest
articulators in India have not been the social and economic interests but their still pervasive caste,
community, regional, religious and language antecedents.3 Many observers, however, feel that the
Indian political system is moving towards a period in which the aggregation of political demands
of all sectors, modern and traditional, will come to play a much more significant role than in the
past.4
PRESSURE GROUPS : MEANING AND DEFINITIONS
Phrases like 'interest groups', 'private organisation', 'lobbies', and 'interest articulators' are often
used interchangeably for pressure groups.5 Pressure groups are free associations and they serve
important political ends. They are interest groups and interest groups that are organised for
political action are thought of as pressure groups and it is these that have direct political sig-
nificance.
Pressure groups are non-political groups; though they are engaged in politics, their politics is that
of policy.7 They are organised groups which attempt to influence government decisions without
seeking themselves to exercise the formal powers of government. Such groups are a far more
important channel of communication than parties for the transmission of political ideas from the
mass of the citizenry to their rulers.
Pressure groups are concerned with specific issues. They use their means and persuasive powers
to obtain certain political decisions without having or seeking the power to make them. Glyn
Parry has very rightly observed that when a group is concerned either wholly or partly with such
pressure in order to influence those who determine public policy, such a group can be referred to
an interest pressure groups.PRESSURE GROUPS IN INDIAN POLITICS
643
Pressure groups are influence groups organised to influence the policies. They attempt to exert
influence over the government or parliament or local authorities, but they do not themselves seek
to act as the government.10 They are, in short, auxiliary drains of representation.11
Thus the prime function of a pressure group is to promote the interests of its members and
pressurize the government. They are concerned with specific issues and self interest is the basic
cause of their formation. They are non-political entities. They are involved in the political process
but are not willing to assist in forming a government if called upon to do so. They have no
political programme as such. They are the medium through which the function of articulation is
performed in a political system.
SIGNIFICANCE AND ROLE OF PRESSURE GROUPS
The study of pressure groups occupies a very important place in modern political system, whether
Western or non-Western. There was a time when these pressure groups were viewed with alarm
and moral indignation. It was held that they lead to a distortion of the democratic process.
However, pressure groups came to be gradually recognised by society as indispensable and today
they are regarded not only as a necessary evil but a healthy factor in political dynamics. Their
significance is so vital in a democratic order that H.R. Mahood has remarked : "Organised groups
may be regarded as systems of private government while the organs of State represent a system of
public government."12 A number of factors have led to the increasing importance of the pressure
groups?
Firstly, pressure groups are inevitable in a democratic order as they balance the national and
particular interests. They constitute links of communication between the citizen and the
government. Rodee observes : "The elected official in turn can evaluate the desires of his
constituents more effectively through the unofficial channel of interest group activity." 13
Secondly, groups render a necessary service in a democracy by making much valuable data
available to governmental agencies and to the public in general. They supply necessary
information and accurate statistic to policymakers. With the help of the data supplied by pressure
groups, the legislators can support the necessary arguments. Thus, from a mass of conflicting
information and views, the truth can always be discerned.
Thirdly, those who defend interest groups also point out that a democracy which permits its
citizens to express their varying interest and desires thereby gain a sort of 'build in' protection
against the emergence of a single, dominant social force. Businessmen, workers, farmers, social
groups, women and religious groups—all seek to advance their own interests, but they are forced
to compete with one another. The inevitable result is that they balance each other's demands and
this countervailing tendency protects the society against the threat that an individual group will
come to wield total power.
Fourthly, pressure groups keep democracy alive during the interval between the elections and
constitute a barrier against inter-regnums. They supplement the party system and the formal
instruments of government by serving as spokesmen of special interests within society.
Fifthly, pressure groups, have become a legislature behind a legislature. By their zeal and
enthusiasm, their expertise knowledge and specialised skill, they influence law-making on the
floor of the legislatures and in the committee......*_,., ,wu rULI I IUt>
to the help of a party by contributing to its electoral funds and thereby winning
tickets for their favourite parliamentary nominees.
Sixthly, the powers and functions of the government are increasing day by
day. The theory of the welfare state and the method of planned development
are the new phenomenon which have led to growth of government power.
Socialism and positivism have increased them considerably and today we need 'groups' as a
shield against the sword wielded by the government.
In short, pressure groups are the very name of democracy. They are not absolutely absent in
autocracies. In different countries, different factors are responsible for their growing importance.
In India, ever-widening activities of government have stimulated the creation and consolidation
of groups. In a more general sense, the doctrine of welfare state, statism, globalisation of
economy and the growth of governmental interference in the economic life of state today have
accelerated the activities of pressure groups.
PRESSURE GROUP TECHNIQUES
Pressure groups make use of different techniques and methods to achieve their objectives. Some
of the most common techniques are as follows :
Lobbying is a favourite technique of pressure groups operating in every political system. This is a
political technique which means influencing the government. In other words, interested persons
making representations to the legislature or other departments of governments in order to
influence public policy in favour of themselves may be called lobbying. In fact, the lobbying is
the key intermediary between pressure groups and the government. The lobbist actually performs
at least three functions vitally important to legislators and executives. He communicates
information; he defends the interest of his employers and he defines the political implications of
legislative matters.14
Secondly, pressure groups endeavour to secure the nomination and election of sympathetic
legislators, who may later be used in the enactment of favourable laws. In modern democracies,
in fact legislators often find themselves virtually in the pockets of pressure groups. How and why
this happens is rather very simple. The legislators, above all, want to maximise the possibilities of
their elections; and the election campaign needs money. So, the member is always on the look-out
for money, which is available with private association, thus he goes to the associations. In return,
he has to support the demands of the association. Thirdly, pressure groups influence policy-
makers by supplying them accurate data and information. Most of the modern pressure groups
now maintain a research cell and come out with effective measures and cures. Thus policies are
framed with the help of the information supplied by pressure groups.
Fourthly, sometimes drafts of bills are framed by pressure groups themselves and submitted to
legislatures. They possess skill and expert knowledge in the domain of their own field and have
links with Civil Servants. They are conversant with the administrative process and they know
how the work can be done.
Fifthly, pressure groups create a favourable climate for their particular cause by appealing to
public opinion through speeches, books, pamphlets, special articles, news releases, radios and
motion pictures.
Sixthly, pressure groups propagate their viewpoints through the press. They usually try to get the
support of the newspapers and even publish their own newspapers. This method is to given the
wide publicity to their own views and contrary views are not expressed in a way that they
dislike.PRESSURE GROUPS IN INDIAN POLITICS
645
Seventhly, pressure groups align themselves with one or the other political party and act as a
powerful clique in the party. If the party is the ruling party, their objectives are achieved without
much difficulty.
Eighthly, the mass media constitutes one of the effective channels of access used by pressure
groups. In an open society the use of the mass media to convey political demands is a major
means of appealing to political decision-makers.
Ninthly, one obvious means of articulating demands is through physical demonstrations and
violence. These methods are employed by anomic pressure groups. The use of riots,
assassinations and demonstrations by other pressure groups is not an uncommon phenomenon. 15
Tenthly, elite representation on behalf of an interest group constitutes a channel of access which
can be utilised with great effect by some pressure groups. It may take the form of the presence of
a group member in the rule making structure. The agents of interest groups are usually given
ample representation on legislative committees in various countries.
Finally, sometimes pressure groups thrive on bribery and corruption. They utilise effectively the
entire paraphernalia which democracy and science have given to modern age. It is also alleged
that pressure groups are using wine and women vehemently. Thus, there is a degree of outright
corruption or back-stage intrigue.
Odegard very rightly commented on the techniques of the pressure groups :
An interest group resort to use three different techniques in trying to secure its purpose. First, it
can try to place in public office persons who are favourably disposed toward the interests it seeks
to promote. This technique may be labelled electioneering. Second, it can try to persuade public
officers, whether they are initially favourably disposed toward it or not, to adopt and enforce the
policies that it thinks will prove most beneficial to its interests. This technique may be labelled
lobbying. Third, it can try to influence public opinion and thereby gain an indirect influence over
government, since government in a democracy is substantially affected by public opinion. This
technique may be labelled propagandizing.16
The techniques and functions of pressure groups vary from country to country and system to
system. It must be stated that the actual influence of pressure groups in a political system will
depend upon the range of activities entrusted to the government. If a government keeps off the
economic arena, pressure groups will have little to do, inspite of their skilful techniques. But if
the range of activities is wide and the state is a welfare state, committed to socialism and
planning, pressure groups will be very active.
THE HISTORICAL BACKGROUND OF INDIAN PRESSURE GROUPS
The pattern of educational changes in India in the 19th century seems to have been more effective
in setting the pace and direction of the political and associational changes than what one would
normally expect from economic and technological change. When the British Government
instituted a system of Western education, it prepared a crucial base for the rise of a new Indian
elite. The social leadership of this elite came from the educated middle class. Out of this
leadership there arose a politically conscious class of people who, in association with other
educated people, attempted to build a form of organisation that would enable them to promote
their own interests as well as those
.- .1; „,,„,! WPrfi of the people as a whole. They sought to increase their appeal646
INDIAN GOVERNMENT AND POLITICS
by organisational efforts through the establishment of various secondary associations with
specific programmes. Their immediate task was to create a new public—a public that would be
detached from the traditional source of authority and would become a conscious instrument
initiating social changes.
In the beginning most of the organisational efforts began on a very limited scale. They were
limited to small groups of like minded reformers, educators and students. Most of their
associations did not openly discuss political issues. However, gradually political issues were
increasingly included in their legitimate order of business.
The Atmiya Society (1815), the Brahmo Sabha (1830) (later Brahmo Samaj), the Dharma Sabha
(1830), the Young Bengal Group (1831), etc. were some of the earliest efforts in the above
direction. These groups either had their own newspapers or those of friends to publicize their
views and apparently were fortunate enough to have the financial support of a few upper class
individuals. In respect of membership figures, newspaper circulation or organisational support
and finance, the operative scale was rather modest. However, the influence exercised by these
groups was much greater than data about their scale of operation suggests. A study of the most
important of such society, viz., the Brahmo Samaj, during its initial years shows that out of its
most prominent founders and spokesmen about 40 per cent were governmental official of
relatively upper rank and 20 per cent were lawyers. Gradually, similar societies with a broader
social base were established in India; notably in Poona, Bombay, Punjab and other areas. The
Satyashodhak Samaj (1873) of Poona, the Prar-thana Samaj (1967) of Bombay, and the Arya
Samaj (1875) were some of the leading landmarks in associational development in the field of
social reform drawing a wider base of social support than before. In the field of political reform
the educated classes were becoming equally organisation-minded. From the small beginning of
the Zamindari Association of Bengal in 1837, the British Indian Association (1851), the Bombay
Association (1852), and the Native Association of Madras (1850), to the larger all-India based
political associations, like the Indian League (1875) and later the Indian Association (1876), the
strategy was one of gradually widening the support of the educated middle class for organised
activities.
The Indian National Congress (1885) and the Muslim League (1906) also started in the guise of
pressure groups. As Almond and Coleman observe: "The earliest modern political groups in
South Asia can be characterized more as interest groups than as political parties. The Indian
National Congress, the Muslim League and the Ceylon National Congress began as small
narrowly based interest groups primarily concerned with the interests of a westernized middle
class." Their aim, as two historians stated, "may justly be described as an attempt to influence the
Government within the existing constitution." The Indian National Congress was converted into a
nationalist movement. The shift from a small interest group to a comprehensive nationalist
movement had profound effects on the kind of pressure group system which emerged in free
India. In its effort to build a mass movement, the nationalist leadership organised peasant
associations, trade unions, student organisations, constructive work groups and the like. Thus in
the pre-Independence era, the Indian National Congress was an organisation which represented
the aggregate interests within the movement.
In 1893, Sir Syed Ahmed Khan founded the Mohmedan Anglo-Oriental Defence Association at
Aligarh. The purpose of this organisation was to repre-PRESSURE GROUPS IN INDIAN POLITICS
647
sent the Muslim community and to protect its political rights and to place the views of Muslims
before Englishmen and the Government of India. This organisation stood for intensifying loyalty
to the British rule and for preventing the spread of political unrest among the Muslims. This was
a continuation of the advice that Syed Ahmed Khan had given to the Muslims as early as 1886 "to
keep aloof from the Congress agitation as the success of its efforts must result in the Muslims
being reduced to an ineffectual minority."
On December 30,1906, the All-India Muslim League was established with the major objective to
protect the political and other rights of Indian Muslims and to place their needs and aspirations
before the Government in temperate language. Thus Muslims were inclined to seek redress of
their grievances through loyalty and faithfulness. To countervail the influence of the Muslim
League, the All-India Hindu Maha Sabha was set up in the year in which the League was set up.
TYPES OF PRESSURE GROUPS IN INDIA
The post-Independence era of Indian politics witnessed the existence of a large number of active
and passive pressure groups. Those functioning may broadly be divided into four categories : 17
1. Institutional pressure groups.
2. Associational pressure groups.
3. Non-Associational pressure groups, and
4. Anomic pressure groups.
Although, Indian pressure groups are also classified in other ways. This classification of pressure
groups may be explained in accordance with the following table :
TABLE 1 CLASSIFICATION OF PRESSURE GROUPS IN INDIA
Institutional pressure Associational pressure N'on-Associational Anomic pressure
groups groups pressure groups groups
• The Congress Work- • Trade Unions • Communal and • ULFA
ing Committee Religious groups
• The Congress Par- • Business • Caste groups • Naxalites
liamentary Board organisations
• The Chief • Peasant • Language groups • Nava Nirman
Minister's Club organisations Samiti of Gujarat
• The Central Elec- • Student organisa- • Gandhian groups • Jammu-Kashmir
tion Committee tions Liberation Front
• The Bureaucracy • Government • Syndicate • All-India Sikh
employees Student's Federa-
associations tion
• The Army • Associational • The ideological Left • All Assam
groups of or Young Turks Student's Union
community
INSTITUTIONAL PRESSURE GROUPS
Defining the institutional pressure groups, Almond and Powell observe : "Institutional interest
groups are found within such organisations as political parties, legislatures, armies, bureaucracies
and churches. These are formal
of Drofessionally employed personnel, with designated648
INDIAN GOVERNMENT AND POLITICS
political and social functions other than interest articulation. But either E corporate bodies or as
small groups within these bodies, these groups ma articulate their own interests or represent the
interests of other groups in th society.19 In a developing country, like India, institutional interest
groups ma occupy, powerful positions in the political system for varied reasons, e.g (1)
possession of an organisational base; (2) existence of a limited number ( associational pressure
groups or their ineffectiveness in action; (3) because the are part and parcel of the governmental
process; or (4) because they represer the interests of varied groups in the society.
The most important pressure groups of this type in India are :
1. The Congress Working Committee.
2. The Congress Parliamentary Board.
3. The Chief Minister's Club.
4. The Central Election Committee.
5. The Bureaucracy.
6. The Army.
In fact, India for long has been governed by the Congress Party. Thi constitution of the Congress
Party has been evolutionary in character am piecemeal amendments have been its characterisitc
features. The Congres: evolved from a national movement to a political party and inherited thi
advantages of an established network of organisational structure evolvet during the pre-
independence period. Its organisational level are : Manda Congress Committee, District Congress
Committee, Pradesh Congress Commit tee, the All India Congress Committee and the Working
Committee. Annua sessions of the Congress are the supreme policy-making bodies, and the Work
ing Committee is the executive agency. It is the most powerful and august bodj popularly known
as the 'Congress High Command'. It represented the nationa consenus and commanded authority
and developed as an instrument of collec tive leadership and overshadowed the larger
representative body, the All-Indif Congress Committee (AICC), while the latter often could be
moved by deviani forces. It was the former which ultimately asserted authority. 21
Thus, a permanent executive, designed to give strong and continuous direction to Congress
activities throughout the country, is provided by the Working Committee. The annual session of
the Congress is no more than a large and amorphous consultative body, while the AICC, although
sometimes restive normally accepts the policies laid down by the Working Committee. Normal;
D. Palmer remarks :
The AICC is a fairly sizeable body, elected by the Pradesh Congress Committees......it meets
irregularly, usually more than once a
year. The working committee, a smaller body which meets more frequently, is the most important
agency in the Congress structure. Most of the top leaders of the party are members of the working
committee...the basic policies of the Congress and therefore, of the country, are usually
formulated or approved in the working commit-tee....2^
The Working Committee is composed of the President of the Congress and twenty members, two-
thirds of which are appointed by the President, and the remainder being elected by the AICC.
Very often it includes members of thePRESSURE GROUPS IN INDIAN POLITICS
649
In the post-Independence era, the Prime Minister and the Congress President tended to regard
each other at best with suspicion and at worst with outright hostility. Kriplani, who succeeded
Nehru in the Congress presidency when the latter became Prime Minister, tried to insist that
political decisions should be made in consultation with the Working Committee, a body which he
tried to insulate from governmental influence by limiting the number of ministers among its
members of one-third of the total. Nehru and Patel fought him vigorously, with the result that
Kriplani resigned as Congress President and soon thereafter from the party. A later President,
Tandon, was equally hostile to the governmental leadership. He, too, was forced to resign and
Nehru himself assumed the office of President, which he occupied for a period of five years. The
victory for the parliamentary wing created a Congress habit of mind, which led the overwhelming
majority of party members to look to the Prime Minister and not to the President of the Congress
Party for political guidance. The hectic political events of mid-1969 proved the impotency of the
Congress President and the Prime Minister emerged as the sole leader of both in the Party and the
Government.2
Nevertheless, the Working Committee is endowed with more real power and influence than the
regular cabinet and is in a position to shape the most vital policy decisions of the country. For
instance, K. Kamraj was informally elected as President of the Congress by the concurrence of
Working Committee group in October 1963. Lai Bahadur Shastri's selection as a leader of the
Congress Parliamentary Party in 1964 was also the handiwork of the Working Committee.
Another important central agency of the Congress Party is the Congress Parliamentary Board
(CPB), which has its own offices and organisation. Since the Congress dominated the Parliament,
many of the major decisions were taken not so much on the floor of the House as in the closed
meetings of the members of the congress Parliamentary Board, whose members were most of the
top leaders of the party. And most of the top leaders were also members of the Congress
Parliamentary Board as well as of the Working Committee.
Many disputes have been brought to the notice of the Working Committee, to be referred to one
of the sub-committees charged with supervising the affairs of state party organisations. Of these,
the Parliamentary Board and the Central Election Committee, both composed of majority leaders,
are the most significant.
The Parliamentary Party Executive or Board had long been an insignificant forum for decision-
making, a legacy of the Working Committee's preeminence in the nationalist movement, of the
federal system and of the comparative weakness of India's parliament. Yet on vital matters of
political significance, the Board emerged as an influential caucus within the party. For example,
in 1957 Nehru had been outvoted when he sponsored Radhakrishnan for Presidentship against
Rajendra Prasad, while the voting had been rare in the Board. Again, in the crisis of October-
November 1962 the Board had taken the initiative for the first time and compelled a reluctant
Prime Minister to dismiss Krishna Menon, while both the Cabinet and the High Command had
been no less keen to do so, but neither had dared even to attempt such an unprecedented act of
pressure.24 In 1964, Shastri had 80 per cent support of the Congress Parliamentary Party,25 and
that is why Kamraj announced that the majority of the Congress members favoured Shastri, 26 and
his election for
*■ ■ -■>-■<-" TI^« cfr-ntra-lp reached a crisis point when650
INDIAN GOVERNMENT AND POLITICS
former Prime Minister Indira Gandhi was voted out by the Congress Parliamentary Board on the
nomination of the Party's candidate for the coming election of the President of India in August
1969.27 The Board on 12 July, 1969, at Bangalore and by a four to two majority chose Sanjiva
Reddy, rejecting Jagjivan Ram proposed by Mrs. Gandhi.28 Indira Gandhi did not mention V.V.
Giri's name because of the stiff opposition in the Board.
Thus, the Congress Parliamentary Board has been a very powerful group in India's political
system. Its decisions have been of immense significance from a political point of view and the
Cabinet and the Prime Minister needed its support for their actions and existence. 29
The Union of India is comprised of the States and since Independence most of the States had
Congress Party governments. That is why the Congress Chief Ministers played a key role in the
decision-making process. The powerful Congress Chief Ministers were always in a position to
influence the party and Government at the Centre or interfere in its working. While non-Congress
governments were in existence in many of the States (after the 1967 General Elections), the non-
Congress Chief Ministers also united to exert influence on the Central government. Now it is a
common practice of the State to maintain liaison officers in Delhi for the protection of the
interests of their respective states. By their lobbying activities, these liaison officers may
enlighten the Central leaders and the bureaucracy about the needs of their States.
The Chief Minister's club played a vital role on several occasions. For instance, Shastri's election
for the Prime Ministership was supported by the Chief Ministers. The Congress President,
Kamraj, saw at least ten Chief Ministers and all conveyed the impression of favouring Shastri. 30
Mrs. Gandhi's election for Prime Ministership, too, was supported by the Congress Chief
Ministers; the Chief Ministers of 10 States or their representatives recommended on 15 January,
1966 in New Delhi that Mrs. Gandhi should be chosen leader.31 The Chief Minister's pressure on
MPs was quite apparent. The General Elections were only a year away and the MPs would once
again want tickets and thus they could not afford to annoy the Chief Ministers.
The strength and weakness of 'State pressures' depends on the following factors
(a)
.33
(b)
(c)
(d)
(e)
(f)
If there occurs a decline in national parties in favour of the State or regional parties, the power
will shift from the Centre to the States.
If the balance of power between the Central executive and Parliament shifts in favour of the
latter, the relative power of the States will increase.
If the degree of homogeneity of the ruling party is low and the groups constituting it are neatly
paired with the opposition parties and if some of the opposition parties have a strong regional
bias, power will again shift to the States.
If the ruling party at the Centre has either a small majority or forms a minority government, the
power will shift to the States.
A Prime Minister selected by consensus politics will not be able to stop the shift of power in
favour of the States.
The National Development Council has acquired more power than the Planning Commission,
thereby removing from the Central Executive a large area of economic decision-
making.PRESSURE GROUPS IN INDIAN POLITICS
651
Thus the 'States' are considered as one of the most important pressure groups. In the location of
Central projects the States' pressure have played an important role from the very beginning. The
States continued to act as a major check on the implementation of the more radical proposals
emanating from the Central Government, despite the restoration of strong Central leadership,
owing to pressures from the State Chief Ministers. The Central Government could neither reduce
ceilings on land holdings nor enact an agricultural income-tax due to the opposition of the Chief
Ministers. At the meeting of the Political Affairs Committee of the Cabinet, Chief Ministers of
the wheat producing States were invited to discuss the wheat price policy for the year 1972-73.
They succeeded in persuading Prime Minister Indira Gandhi and her colleagues that any cut in
wheat prices would be politically unwise.34
Elections have provided the supreme test for the Congress Party's central conciliation machinery.
Here the role of the Central Election Committee can be crucial. In all the general elections the
Central Election Committee (CEC) of the Congress Party has played a dominant role in the
selection process, drawing up the final list of candidates in such a way as to conciliate all the
more important interests within the party. Prominent national leaders like Lai Bahadur Shastri
and Morarji Desai played an important role in this process. In 1957, for instance, Morarji Desai
personally interviewed all four thousand would-be candidates in Bihar. The CEC usually obliges
its favourite groups and its nominees are selected as party candidates. For example, syndicate
members considered Shastri to be their own men. As an election organiser, he had helped them to
get their man nominated in the 1962 poll.35 Thus the CEC is entrusted with immense power and
as an interested group it is in a position to mould the views of the government and the party.
The system of bureaucracy as it exists in India has a continuous history of more than two hundred
years. While these hundred years have been revolutionary from the point of view of the country's
social, economic and political life, the organisation of bureaucracy and the assumptions on which
it is based have for the most part remained unaltered even today.
During British rule, consciousness of common needs and interests of the bureaucracy remained
largely submerged. There were, of course, highly organised associations of Indian civil servants
and other higher services which exerted an important influence not only upon the public
personnel policy of the government but also upon the constitutional reforms of the country. With
the grant of a measure of partial autonomy under the Government of India Act, 1919,
Government employees became more conscious of their rights and began to form their own
associations.36 Under the Government of India Act, 1935, the Civil Service Associations became
more active. After Independence, the spirit of unionism continued to increase among government
employees. Consequently, these associations became quite outspoken in their demands and they
began to ventilate their grievances by resort to such means as public demonstrations, press
statements and even threats of direct action. There are at present about 250 recognised
associations and fifty or so unrecognised ones in the Central Services. Most of the Civil service
associations in India are organised classwise or gradewise. Their membership is determined on
the basis of payment of a membership fee. The general body of the association meets once in two
or three months and exercises all powers. For looking after the day-to-day activities,a general
secretary, a few joint secretaries, a treasurer and a few members, all elected by the general body
for one year.
The main objectives of these associations are :
(a) securing and promoting the common interest;
(b) including in the members a sense of co-operation; '
(c) the maintenance of cordial relations between administration and the employees; and
(d) to carry on the general welfare activities for the members.
The First Pay Commission recommended the formation of staff councils and accordingly after
1957, two types of staff councils were created in each Central Ministry, namely a Senior Staff
Council for Class II and III employees and a Junior arrangement. However, the staff councils had
failed to make any impact and the Government of India, in 1960, published a scheme to bring the
staff councils in line with British Whitley Councils. However, at present, there are joint
consultative bodies for the negotiation of disputes between employer and employees in the public
services. Higher services have their associations through which they defend their interests. The
Indian Administrative Service (IAS) has one central association known as the Indian
Administrative Service Association. It is an all-India association with branches in every State.
Under Jawaharlal Nehru, civil servants had a secondary position in policy-making. Since he made
his own policies in the field of foreign affairs or in domestic affairs, civil servants were only
asked to implement them.37 The influence and authority of the bureaucracy, however, went on
increasing during the Shastri period. Shastri's habit of depending on the bureaucracy got a
concrete expression in the establishment of a powerful Prime Minister's Secretariat, analogous to
the White House Staff of the United States. While the formal functions of the Secretariat involved
the preparation 'of important speeches, statements and letters', the office carried 'the seed of
influence' and recalling the days of the 'steel frame' under the British Raj demonstrated 'the re-
emergence of the civil service as a powerful pressure group on policy."38 The influence of a
senior ICS official like L.K. Jha increased. He was found everywhere, whether on Government
committees or with foreign delegations led by Shastri or in the company of foreign dignitaries
visiting Shastri; Jha was omnipresent.39 In the words of Kuldip Nayar, "His Secretary L.K. Jha
began having a finger in every pie and came to be called super-Secretary."
The Prime Minister's Secretariat has been augmented in technical expertise and strengthened
under the regime of Indira Gandhi and has become the 'nerve centre of political and
administrative power' in India. Her civil service Secretary P.N. Haksar had improved on what Jha
had done and organised the system in such a way that everything would revolve around the Prime
Minister's Secretariat. Not even a Deputy Secretary was appointed without its concurrence. He set
up a kind of mini-Government. Each officer of the Secretariat dealt exclusively with almost
everything in one field, whether economic, foreign or scientific. All ministers took their orders
from them.
The Prime Minister's Secretariat had become a kind of cabinet; Within al cabinet, all decisions
are taken at this point and if they are not, there is always.1 a danger that they will be repudiated.40
Thus it may safely be said that weak; political leadership at the Centre and in the States provided
an opportunity for the higher echelons of bureaucracy to increase their range of influence/ 1
. 41PRESSURE GROUPS IN INDIAN POLITICS
653
In the advanced Western nations, political activity of the military has usually been detrimental to
the achievement or maintenance of constitutional government. But the military is playing a far
greater role in the politics of third world countries.42 Since the end of the Second World War, the
entry of the military into active politics of these societies has almost always been related to major
political, economic and social changes. However, it should be noted that the military is not in all
instances a monolithic force. In fact, only some of its elements have chosen to be politically
active. In countries like Indonesia, Brazil, Ecuador, Jordan, Iran and Pakistan, the military can be
called a backbone of civilian government. The most important cases of military intervention are
political and are to be located in the availability of meaningful channels of political access and of
institutions for mediating and resolving conflict. If the political system is unable to respond to the
increasing participation and escalating demands and at the same time maintain order, the military,
cohesive and bureaucratised, may step in.
What is the role of the military in Indian politics? Can it be called a pressure group? The military
in India has not played a vital role in shaping the policy decisions of the country. It has always
been under the control of the civilian authorities. In fact, it has not even articulated its rightful
demands for its welfare and better facilities. The decisions to evict the Chinese from the NEFA
(1962) was political and not military.43 Brigadier J.P. Dalvi rightly refers to the position of the
military: "The order of precedence was frequently changed and each time the Army General was
downgraded. We have seen how, in 1962, Generals had lost their authority to resist improper
order or to influence the course of events. We have seen how so serious an order as to evict the
Chinese was conveyed to the Chief of Army Staff by a mere joint Secretary. We have seen how
the advice of the General Staff to re-equip and reorganise the Army was brushed aside by
Ministers, civil servants and financial experts without any formal protest from the military
authorities."44 In the full-scale war over Kashmir in August-September 1965, there is no evidence
to indicate that the military acted other than as the traditional instrument of civilian authority. 40 In
the 1971 Indo-Pak war the military played its finest role under the leadership of Manekshaw and
he was promoted to the post of First Indian Field Marshall. However, this has not changed the
position of the army in the political structure. Finally, the army has not played a vital role at the
time of succession in 1964 and 1966. Brecher states : "The last of the major institutional groups,
the military was not directly affected by the succession and its aftermath....it may be noted that
the military played no role whatsoever in 1964." Thus, the effective civilian control over the
armed forces in India has been unchallenged since Independence and the future role of the
military in Indian politics is. unlikely to change.
ASSOCIATIONAL PRESSURE GROUPS
Associational pressure groups are the specialised structures for interest articulation, e.g., trade
unions, organisations of businessmen or industrialists, ethnic associations, organised by religious
denominations and civilian groups. Their particular characteristics are explicit representation of
the interests of a particular group, a full-time professional staff and orderly procedures for the
formulation of interest and demands.47 As the importance of associational interest groups has
been recognised in a mature political system, they are sometimes considered as the unofficial
sources of policy decisions. Where the ----- —----„„„+ nnA OT-O allowed to flourish, thev tend to
regulate the_____, «wvi_niwflcm ANU POLITICS
development of other types of interest groups. Their organisational base give; them an advantage
over non-associational groups; their tactics and goals an often recognised as legitimate in the
society; and by representing a broad range of groups and interests they may limit the influence of
potential institutional groups.48
Associational interest groups in India are of two types, viz., occupational and community.49 The
occupational groups spring from the modern centres of society, such as industry and the trade
unions. The community groups, on the other hand, are based on traditional social structures
associated with religion caste, or language.
The most important associational pressure groups (specific, occupational or community based) in
Indian politics for our consideration are the following
1. Trade unions.
2. Business organisations.
3. Peasant organisations.
4. Student organisations.
5. Government employees associations.
6. Associational groups of community.51
Trade unions are voluntary organisations of workers formed to promote and protect their interests
by collective action. 2 Trade unions began to develop in India towards the end of the First World
War. Earlier there were some attempts at organisations of workers, but they were of a sporadic
character. An organisation called the Bombay Mill Hands Association was also established in
1890; but it was more of a welfare organisation than a trade union. The situation created in India
during the First World War made it necessary for workers to organise themselves. Due to rising
prices and the scarcity of essential commodities workers's conditions were growing miserable.
The industrialists were making high profits while the workers had to live in slums and hovels. A
number of prominent public men came forward then to help workers in voicing their grievances
and building up their organisations. In the initial stage many leaders of the Indian National
Congress were prominently associated with trade j unions and the trade union movement. 53 The
first President of the All India j Trade Union Congress, which was established in 1920, was Lala
Lajpat Rai who i was at the same time the President of the Indian National Congress. Sub-1
sequently, the position was held by the prominent leaders of the Congress, I amongst them were
Chittranjan Das, Sarojini Naidu, Jawaharlal Nehru and | Subhash Chandra Bose. In this context,
Myron Weiner remarks : "Indian trade \ unions were largely organsied by nationalist militants
concerned with directing, the working force against the British regime. While many trade union
leaders were genuinely concerned with the lot of the workers whom they organised, the fact is
that many of the strikes, demonstrations and agitations were political and were directed against
the Government."54
The national movement gave the workers courage to ventilate their grievances and showed them
the path to organise themselves on trade union lines in order to secure their redress. From the
very beginning, the trade union movement was closely linked with politics and political issues. It
was equally keen, along with the Congress, on political reforms so that the country might advance
rapidly in the direction of self-government. N.M. Joshi, the father of the Indian trade union
movement, said in 1927 : "I feel that the trade unions j in this country have a good sphere of
political work before them in securing j labour legislation passed through the Central and
Provincial legislatures.PRESSURE GROUPS IN INDIAN POLITICS
655
Labour legislation in our country is not as good, as in some advanced European countries. We
have to put pressure upon the Government to make our protective labour legislation up-to-date
and modern. If the Government does not do it, we shall have to induce some members of the
legislatures to promote such legislation."55
From 1925 onwards the communists entered the movement with the intention of dominating it
and utilising it for the purpose of larger communist revolution. According to the communist
doctrine, no one but a communist can be a real representative of workers and none but a
communist union can safeguard their real interests. After Independence, the Communists
dominated the trade union movement and made it necessary for other political parties to build up
their own unions. Until the transfer of power was in sight, the Indian National Congress had not
paid much attention to the development of the trade union movement as such. After the formation
of the National Government in 1946, the Congress realised that it would not be in the national
interest and inconvenient to the newly-installed National Government if non-Congress parties
were allowed to enjoy the sole leadership and control of the trade union movement. In 1948, the
Congress formed a new organisation, the Indian National Trade Union Congress (INTUC). With
its policy of friendship and sympathy with the Congress and its governments at the Centre and in
the States, the INTUC was able to secure some concessions for workers. With a membership of
over a million, the INTUC is now the biggest central trade union organisation in the country.
When the Socialist Party defected from the Congress in 1948, it established other trade union
centres. Now there were the Hind Mazdoor Sabha of the Praja Socialist Party, the Hind Mazdoor
Panchayat of the Socialist Party, Bharatiya Mazdoor Sangh of the Jana Sangh and the United
Trade Union Congress (UTUC) of the Communist Party of India (CPI) Marxist. Amongst
political parties of all-India character, it was only the Swatantra Party which had not developed a
trade union wing of its own. The regional parties like the DMKhad its own trade union. V.V.
Giri, a former President of India, has very rightly commented, "There are thus at present four
central all-India trade union organisations in India—The Indian National Trade Union Congress
(INTUC), the All India Trade Union Congress (AITUC), the Hind Mazdoor Sabha (HMS) and
the United Trade Union Congress (UTUC). Though the general objectives of the four
organisations are the same, namely, to promote the economic, political, social and cultural
interests of workers, they differ on certain fundamental principles based on political attitudes."0
A general summary of the trade unions in India reveals that they have exerted little influence on
the policies and character of political organisations. They are rather ancillaries of the leading
parties for which they seek to extend power and further political aims." 57 Their leadership is in the
hands of politicians and not in those of the working classes.58 As pointed out by Harold Crouch :
"Trade union leaders, therefore, see trade unions in a political context. They realise that their
work as trade unionists is affected by political factors. Thus political activity can be seen as an
extension of trade union activity and trade union activity is an extension of political activity." 59
The political colour of the trade unions has been so dominant that at the international level also
the Indian trade union movement is divided. The INTUC and the HMS are affiliated to the
International Confederation of Free Trade Unions, an organisa-tinn mainlv suDoorted by the
Anglo-American bloc, while the All India Trade

656
INDIAN GOVERNMENT AND POLITICS
Union Congress is affiliated to the World Federation of Trade Unions, supported by the
Communist bloc.60
The trade union movement has already acquired a certain status in the public life of the country.
In the Indian labour conferences and in all tripartite bodies it has a status equal to that of
employer's organisations. It is consulted by the Central and State Governments on all matters
affecting the interests of workers. They have their spokesmen in Parliament and in State
legislatures, A resolution adopted by the INTUC General Council in 1951 directed the Working
Committee to ensure that adequate number of suitable trade union workers are nominated as
Congress candidates and returned to various legislatures.
Inspite of all these efforts trade unions in India are still not in a position to keep an eye on what
happens in the Parliament and legislatures. They do not even endeavour to influence these bodies
through their pressure groups and i lobbies. They do not have trained and competent
functionaries. In the words of j V.V. Giri : "Political rivalaries, which often come in the way of
settlement of disputes, lack of resources, disunity among the ranks, multiplicity of trade unions
and lack of bargaining strength are the major ills that affect trade unions in the country today."
Trade unions have not been effective agents of interest articulation in India. Because of the ready
labour supply from the ranks of the unemployed. the labour movement has been weak and unable
to bargain effectively. There are always new recruits available, anxious to work at any wage.
"Unions are poorly organised, membership turnover is great, dues-paying is limited to a fov and
is irregular, and union activities are limited to strikes, demonstrations, an ! election work." "Only
rarely", he adds, "does a union provide service for i members. Rival unionism is rampant, unions
are led by outsiders and control of unions is often in the hands of political parties seeking to use
them for their own ends."
Business interests show a much stronger tendency to form modern type pressure groups in India.
The associations representing the business elite in India are far more efficient and rational than
might be expected. From the associational point of view, they are expected to advance the desired
objectives of Indian businessmen and Indian society as a whole. Business organisations may be
industrial associations, communal associations, regional organisations, all-India organisations and
big business houses, etc.
The most important industrial associations are : All-India Associations of Industries, Mumbai;
All-India Automobile and Ancillary Industries Association, Mumbai; All-India Rubber Industries
Association, Mumbai; Association of Man-made Fibre Industry, Mumbai; Bihar Industries
Association, Patna; Faridabad Industries Association, Faridabad; Federation of Gujarat Mills and
Industries, Mumbai; Federation of Indian Mineral Industries, New Delhi; Madhya Pradesh
Organisation of Industries, Bhopal; Textile Manufactures' Association, Amrit-sar, etc. Most of
these associations and industries represent the interest of their members.
Business in India and particularly in Kolkata is organised on a community basis. Muslim belong
to Oriental Chamber of Commerce, Native Hindu Bengalis to the Bengal National Chamber of
Commerce and Marwaris to the Bharat Chamber of Commerce. There is also an Indian Chamber
of Commerce, which has a mixed but largely Marwari membership. In Mumbai the Gujarat and
Maharashtrian language groups have their own Chambers of Commerce. In an PRESSURE GROUPS
IN INDIAN POLITICS
657
annual meeting of the Bengal Chamber of Commerce, held recently, many of its objectives have
been pointed out. One of its main objectives, it has been stated, is to ensure that the voice of the
interests it represents is heard by the Government and that their views are given due consideration
in moulding the nation's policies for achieving speedier all-round socio-economic development.
We may now turn to the regional groups like the Bengal Chamber, the Bengal National Chamber
and the Bharat Chamber which are confined to Bengal and Assam, mostly the Kolkata area. The
Jaipur Chamber of Commerce and Industry is a divisional chamber and covers the whole
division, i.e., the whole of the former Jaipur State. The Gujarat Vyapari Mahamandal has a
membership that is mainly, but not wholly, confined to Gujarat State. The Surat Chamber of
Commerce covers the south Gujarat region, i.e., Surat District, Dangs District and Broach
District. The Bhuj Chambers membership is drawn from Bhuj Taluka. The Karnataka Chamber
attempts to cover Mysore (Kar-nataka) State and the adjoining Kannada-speaking areas. The
South India Chamber of Commerce has affiliated associations and membership not only in
Chennai proper but in the States of Tamil Nadu, Andhra Pradesh, Karnataka and Kerala as well.
The membership of Jamshedpur Chamber of Commerce is from Bihar. These regional Chambers
also prepare memoranda and send their representatives to the various advisory committees
formed by the provincial governments. In fact their status depends on the structure of
geographical coverage as well as size coverage and the composition of the executive.
The Indian business community is represented by a multiplicity of association. These include
trade and industrial associations, employer associations, and Chamber of Commerce. Some are
regional; some, like the Marwari (now Bharat) Chamber of Commerce in Bengal, represent
particular communities. The activities of the various associations, as well as individual firms, are
coordinated by four major national federations; the All India Manufactures Organisation (AIMO)
represents medium sized industry; the Associated Chamber of Commerce and Industry of India
(Assocham) represents foreign British capital; the Federation of Indian Chambers of Commerce
and Industry (FICCI) is broadly representative of major industrial and trading interests; and the
Federation of All India Foodgrain Dealers Association (FAIFDA) has become the sole
representative of the grain dealers and voices their demands.
The FICCI is the most important in size, prestige and influence among the apex organisations.
With association constituents as well as individual firm members the FICCI represents some
1,00,000 firms employing over five million workers. For all its size, however, FICCI involves
less than one per cent of all private businessmen in India, but even among those it does present, to
the neglect of small and medium trade and industrial interests, the Federation is dominated by big
business. The six largest houses (all based in Kolkata, and five Marwari) provide a third of
FICCFs total membership. The major targets of the FICCI in its effort to influence public policy
have been the Prime Minister, the cabinet and the upper echelons of the bureaucracy. By custom
the Prime Minister addresses the Federation's annual meeting in what, in effect, is a dialogue
between government and business. The Federation has gained representation on nearly one
hundred Government commissions, committees and councils and maintains continuous contact
with various ministries and the bvireaucracy. FICCI has refrained from direct involvement in
politics, but it has sought aid from government and protection for industry, while protecting
regulation, control, and the jungle of licensing procedures. It accepts an expand- 658
INDIAN GOVERNMENT AND POLITICS
ing public sector. Nevertheless it has remained apprehensive about nationali tion.
Business in India is heavily concentrated in families like the Tatas, Birl the Walchand, the
Dalmias, the Jains, the Goenkas, the Thomases and i Thapars; these families have the capacity to
influence public policy throi: donations, substantial contributions to various public funds, gifts to
politi parties, distribution of remunerative jobs in industrial firms and educatio: institutions.
When Mundhra revealed (in the course of the LIC case) that had paid Rs. 1,00,000 to the
Congress Party, the then Central Minister K Malviya admitted asking a businessman to put
money into a Congress electo campaign. A member of Parliament was paid money to use his
position furthering business interests.
Business houses and organisations contribute to the funds of politi parties and sometimes finance
the election of particular candidates. The business have their alignments with one or the other
party. Till 1967, busini houses in India subscribed heavily to the Congress Party. After the IS
elections, the Swatantra Party and Jana Sangh also got large funds from thi business circles.
It is true that some important decisions of the government have caus grave concern among certain
important sections of business circles. Inspite that J.R.D. Tata, while inaugurating the 15th
National Convention of the Indi Junior Chamber in December 1970, rightly advised the Private
sector to d with the Government through persuasion and negotiations in the spirit of t persons
agreeing to disagree rather than continuously voicing their opposit: to the Government's industrial
policies.
It is through informal personal contact that businessmen, as individi and through chambers, most
frequently gain access to government, and which they have achieved what Dandekar has called
"the private understand] between the ruling party and big business." The Birlas, for example, hi
commanded a position of such power as to give them a strong voice in 1 selection of the Finance
Minister. Contact between government and business facilitated by traditional ties of community,
family and personal friendship, a often at the lower levels of the bureaucracy by the flow of
bakshish.
Although business pressure has sought to shape and modify policy forn tion, this pressure has
been exerted more often by individual businessmen th by organised lobbies, and most frequently
it has been used to bend the ; ministration and implementation of policy rather than to form it.
Businessm' however, have not been able to influence substantially the shape and direct] of public
policy in India. Kochanek contends that "business has never succeec in blocking or even
modifying a major redistributive policy in India." It may able to delay an objectionable policy,
but it "has not yet been able to convert considerable economic power into truly effective political
power."
Although India is primarily an agricultural country, there have not be many groups to protect and
promote the interests of the peasants. No dou certain peasant organisations exist in the country,
but leadership of thi organisations is not in the hands of the peasant leader. The leadership of thi
organisations is provided from outside.
In 1920, there were a number of peasant movement that were led Gandhiji and Patel. However, it
was in the year 1936 that the All India Kis Sabha was established. In the year 1939 the national
convention of the All ImPRESSURE GROUPS IN INDIAN POLITICS
659
Kisan Sabha was presided over by Acharya Narendra Dev. In his Presidential address, Acharya
Narendra Dev pointed out that there was a need for a separate Kisan Sabha even though the
Congress was the representative of the peasant. He pointed out that within the Congress, the
peasant was not able to exercise its full influence. There were other groups within the Congress
that were able to frustrate the efforts of the peasants. A separate Kisan Sabha was necessary in
order to keep pressure on the Indian National Congress and he concluded that this Sabha would
work not in competition with the Congress Party but would help to supplement work that the
Congress Party was doing. Thus the Kisan Sabha was created with the sole object of mobilising
the rural masses for the nationalist cause rather than for protecting their interests. The Kisan
Sabha soon fell into the hands of the communists, who tried to fight for the interests of the
peasants against the zamindars. The Congress could not encourage the peasants in their fight
against the zamindars, because at the local level the Congress is controlled by those who would
be most hurt by land reform legislation.
There have been a number of peasant revolts in India. In this century the Telengana uprising in
Hyderabad State was one of the most dramatic and ill-fated. The extremists among the
communists then called this movement Khooni Kranti. The movement was primarily supported
by poor peasants and landless labourers. During this period, a similar communist-led agrarian
uprising began in Thanjavur (Tanjore). In this area, rice bowl of Tamil Nadu and is concentrated
largely in the hands of Brahmin landlords, and the land is worked by landless labourers, 80 per
cent of whom are Scheduled Caste. The revolt in the 1950s briefly exposed discontent, but in the
mid-1960s, the kisan movement in Thanjavur took on new life. Strikes and increasing pressure
from the movement, under the direction of communist cadre, succeeded in winning better wages
and guarantees from the landowners. In the sixties the communists of the Maoist type carried on
'naxalite' activities in West Bengal, Andhra Pradesh and Kerala. In Kerala the Marxists have
mobilized poor peasants and landless labourers through the Kisan Sabhas. In West Bengal
members of the kisan movement in 1969 forcibly occupied some 1,50,000 acre, with the tacit
support of the United Front Government. Truly speaking these activities were more akin to the
activities of a revolutionary organisation than that of a pressure group.
The concern of political parties for farmers was almost lost after India became independent. It
was only in 1955 that an attempt was made afresh to set up an all-India organisation of farmers.
The All-India Agriculturists Federation was formed by bringing all provincial bodies in the North
and South together. N. G. Ranga in the South and Choudhary Chotu Ram in the North have done
commendable work for farmers.
The All-India Kisan Sammelan was formed in December 1977. The unexpected success of the
kisan rally (in December 1978) has given the organisers considerable hope that the peasantry, if
properly organised, can provide them with a sound political base. They now see that the
organised peasantry will emerge as the most powerful single factor to determine the outcome of
the Parliamentary and Assembly elections in favour of those who are regarded as their leaders.
But they also know that to secure this political support of the farmers they will have to fight for
the change of their social and economic lot and get them the benefits of modernisation which
today only the urbanities- -___......Hi ntvu rULII IUt>
Emerging as the powerful leader of the kisans, Charan Singh toured tl country to strengthen the
kisan movement and set up branches of the All-Ind Kisan Sammelan in the States. When it was
conclusively proved that Chars Singh commanded the support of the peasantry, Morarji Desai
was forced 1 take him back into his cabinet. Parity of price was the main demand of th kisan
movement. The kisan under the leadership of Charan Singh demande higher prices for their
produce to pay the heavy charges for fertilisers an power, and appealed that they be subsidised by
the Government.
However, it does not mean that the farmers lobby was totally ineffectivi in the 1960s and 1970s.
Despite the recommendations of the Taxation Enquirj Commission to introduce agriculture
income taxes, so far the Government has been reluctant to act. The reason is obvious : State
Governments derive theii political support from rural areas and therefore they do not want to
antagonise farmers. When compulsory levy was introduced by the Central Government in 1973,
the kisan leaders in Haryana launched a struggle against it. The Chief Ministers of Punjab, Uttar
Pradesh and Haryana, the three main wheat producing States, were invited to a meeting of the
Political Affairs Committee to consider the report of Agricultural Prices Commission on the price
policy for rabi fbodgrains for the 1972-73 season. The Political Affairs Committee evidently
examined the entire question from the standpoint of the rural vote and within this framework the
three Chief Ministers evidently had no problem convincing the Committee that they could not
afford to hurt the interests of the rural rich who had contributed so handsomely to the Congress
Party's electoral victory. A , notable feature of the conference was the preparatory work done by
the farmers lobby, proving that it has become not only a strong and articulate group but also a
well-organised one. i
Today, there is no all-India organisation of the farmers. Regional organisa- * tions are, of course,
well established—the Bharatiya Kisan Union (Punjab. Haryana and Western U.P.), Kisan Sabhas
of Bihar, Bharatiya Kisan Sangh j (Gujarat), Shetkari Sanghatana (Maharashtra), led by Sharad
Joshi, R.V. j Sangam led by C.N. Naidu in Tamil Nadu. The growing aggressiveness of the
peasantry is a new phenomenon and recently farming community has placed main emphasis on
direct action to get their demands conceded. The country has seen Sharad Joshi (Maharashtra),
Mahendra Singh Tikait (U.P.) and peasant leaders of Punjab waging war on behalf of their newly
aroused constituents who have acquired the necessary economic muscle.
Unions of salaried workers and employees now constitute a notable part of the trade union
movement. Highly paid employees in banks, in the Life Insurance Corporation and in many other
establishments are organised. Some sections of employees in the Railways, the Posts and
Telegraphs and medicos are organised on a wide scale. Even Secretariat staff are not averse to
adopting trade union methods of ventilating their grievances. Officers of the Central Government
have formed a confederation of their officers associations. Central Government employees have a
confederation. State government employees also have their own organisations which have come
together in a national federation. Government employees, apart from industrial employees like
railwaymen and postmen, are not allowed to form unions since work in the Government is not an
industry. That is why they call their organisations 'associations' and not 'unions'.
These associations are mainly concerned with the employee's problems of status, promotion,
emoluments, etc. The serious lacunae in our system is thatPRESSURE GROUPS IN INDIAN POLITICS
661
the Government has recognised employee's right to organise but not yet the right to collective
bargaining. The Government employees act on trade union lines mainly because their standard of
living is heavily eroded by soaring prices while their pay scales have remained stationary. Their
legitimate complaints regarding promotions, confirmation, leave and amenities remain unheeded
for years together. Even assurances given by the concerned Ministers in Parliament and
legislatures are not implemented. Their delegations, prayers and petitions evoke no response. The
governments in India usually ignored their problems until it is forced to take notice of it through a
strike. The Government employees find that the Government wakes up only when pressure is
exerted. There are certain community-based organisations which have functioned or which still
function both as a political party and as associations to promote the interests of a particular group
or community. These include such parties as 'Republican Party', 'The Akali Dal', and to a certain
extent 'The Hindu Mahasabha'. Associations devoted to the interests of a special community
include the All-India Conference of Indian Christians, the Parsi Central Association and Political
League, the Anglo-Indian Associations, Kayastha Sabha, etc. The associational groups of
community are specific in their demands while other community associations are diffuse only
create more confusion. For example, the Anglo-Indian Association is concerned with specific
government policies which concern the interests of Anglo-Indians. It agitates for making English
one of Indian's official languages.
NON-ASSOCIATIONAL PRESSURE GROUPS
By non-associational interests, we have in mind kinship, ethnic, regional, religious, and caste
groups, which articulate interests informally through individual, cliques, family and religious
heads and the like. The distinguishing characteristic of the non-associational interests is that the
structure of interest articulation is latent and often informal. They are active in Indian politics
since the very beginning. They are known as 'traditional' groups too. Some important non-
associational groups are the following :
1. Communal and religious groups.
2. Caste groups.
3. Gandhian groups.
4. Language groups.
5. The Syndicate.
6. The ideological Left and Young Turks.
Communal groups and religious bodies have entered politics as regular political parties in India.
The term 'communal' is used for an organisation that seeks to promote the interests of a section of
the population presumbaly to the detriment of the society as a whole. Communal organisations
represent narrow ethnic and religious units and endeavours to get better facilities for their
respective communities, among such groups, the Rashtriya Swayam Sevak Sangh (RSS), VHP,
the Jamat-e-Islam-i-Hind, and the Jamat-e-Islam have been most effective. The RSS may be said
to be a pressure group in relation to the BJP. On certain occasions, the RSS forced even the
Government to accept its demands. The RSS had blocked the induction of Jaswant Singh and
Pramod Mahajan into the Union Cabinet in March 1998. The senior RSS leaders like Dattopant
Thengadi and K. Sudarshan were furious with both Vajpayee and Advani for sacrificing swadeshi
at the altar of expediency over the IRA Bill. Leading a BMS rally on Delhi's Parliament Street
Thengadi's public admonish--i. .w \7n:noTOp reflected the anger in the RSS over the BJP reversing
the662
INDIAN GOVERNMENT AND POLITICS
Sangh Parivar's avowed economic policies. "The Sangh Parivar has launchs an open assault
against the Prime Minister demanding a rollback of econom reforms and firm handling of
Pakistan." The Jamat-ul-Ulema and the Jamai e-Islam are the main Muslim communal groups.
Their main objectives are t protect the rights and the interests of the Muslims. The Muslim
League is nov again emerging as a front organisation of these groups, which have a grea
influence on the Government. Whenever they have ventilated their grievances the Government
has taken prompt action to remove them.
India is a secular state where interaction of religion and politics is of immense significance. R.
Srinivasan argues that power was a central issue that motivated the religious elite to enter into
politics. Religion remained a significant aspect of human relations even in modern societies, and
its influence overflows into the political sphere as well.
Political parties like the Hindu Mahasabha, Ram Rajya Parishad, etc.,j were publicly labelled as
Hindu communal or religious parties. The Akali Dal of Punjab is known to represent the
followers of Sikh religion. The Muslim ] League in Uttar Pradesh, Bihar and Kerala is organised
on the basis of religion, as it seeks to safeguard the interests of Muslim in politics. The All-India
Conference of Indian Christians, the Parsi Central Association and the Anglo Indian Association
are organisations devoted to the interests of special religio groups.
Caste has provided a far more fertile field for pressure group activities. Traditionally, the caste
associations were primarily concerned with the behaviour of their own members and with the
preservation of distinctive caste practices. They were predominantly local, non-political and often
hardly visible. With the attainment of Independence in 1947, the castes were enabled to organise
as they have never done before. The different caste associations tried to force the Government to
concede them political and educational facilities. Modern multi-functional and often statewise
caste asssociations have emerged in response to social, political and economic change. Many of
today's powerful caste associations originated in the desire for upward social mobility on the part
of economically prospering castes with a low ritual status. Today, although still very much
concerned with ritual status they tend to concentrate on achieving j more material benefits for
their members.
The most powerful caste groups are—the Nadar Caste Association in Tamil Nadu, the two non-
Brahmin caste groups—the Kammas and Reddys in Andhra Pradesh; the Lingayat and the
Okkaliga in Karnataka; the Jat groups inj Rajasthan, and the Kshatriya Mahasabha in Gujarat.
Caste groups and caste rivalries have always influenced power dynamicsl in Indian politics. The
competitive politics in various States of the Indian union! is a politics of caste groups. Examples
can be candidly cited, e.g., Brahmin} versus non-Brahmin in Tamil Nadu and Maharashtra,
Rajput versus Jat in I Rajasthan, Baniya Brahmin versus Patidar in Gujarat, Kayastha versus
Rajput} in Bihar, Kama versus Reddy in Andhra and Nair versus Ezhava in Kerala.
Caste groups like the Marwari Association are dedicated to the interests of a community, which
has achieved a conspicious place in the business life of \ India. The Harijan Sevak Sangh is one of
the many associations which works to ameliorate the social and economic status of the lower
castes through legislation and social work.
Oraganisations representing Gandhian ideology also influence Indian life. This types of pressure
groups are not to be found in any other country except (PRESSURE GROUPS IN INDIAN POLITICS
663
India and are mainly composed of persons who were associated with Mahatma Gandhi, and try to
project the policies and views of the father of the nation. Vinoba Bhave and Jai Prakash Narayan
were two well-known Gandhites. They enjoyed so much respect with the Congress leaders that
they could have an easy access to the higher dignitaries in the land. Through their close contacts
with the top political leaders and administrators, they were able to exercise significant influence
on the shaping of governmental policies. It was to a large extent due to the influence of these
Gandhites that the Government yielded to the demand for restricting the production of cotton
textiles and encouraged co-operative handicraft product. They also exerted influence on the
Government to accept prohibition and basic education as social policies. The passing of the Khadi
and Handloom Industries Development Bill in 1953 by the Parliament was one of the
achievements of the Gandhian pressure groups.
India provides us with a most interesting laboratory of grassroots multi-linguism. The multi-
lingual quilt which the country has been wearing since centuries has no patchwork. Each one of
her regional languages has a very clear-cut sub-culture of its own and its speakers live on the
whole in a solid territorial block. This generates a group sentiment based on the affinity of tongue
seeking expression in terms of power politics. In the political scene of the plural Indian society
characterised by the absence of a basic consensus on important issues this linguism identifies
with culture and equates culture with the political frontiers of a region. It is very rightly
observed : "The present linguistic states of India are really based on the language identity of
dominant pressure groups." It has insulated Gujarat, Tamil Nadu, Punjab and Bengal almost into
linguistic islands. Due to the compulsions of the linguistic groups, new States were formed in
India. The Kamma and Reddies agitated in support of their demand and the linguistic Andhra
State was formed in 1953. The Marathas forced the Government in 1960 to form separate
linguistic States of Maharashtra and Gujarat. In Punjab the conflict was between Hindus and
Sikhs. After Independence, the Hindu-Sikh conflict took on the guise of linguistic conflict. The
Sikhs wanted Gurumukhi script while the Hindus wanted the Devanagri script. The Akali Dal
sponsored the idea of a Punjabi speaking state and in 1966, they achieved their goal when Punjab
was divided into two separate States, viz. Haryana and Punjab.
It Uttar Pradesh, the attitude of the Hindu leaders towards the Urdu-speaking population has
always been a problem. After Independence, the Urdu leaders of Uttar Pradesh resented what they
perceived to be a deliberately unfair treatment to Urdu. They felt that though Uttar Pradesh was
the leading centre of Urdu, that language was not given any protection. The sense of neglect felt
by the Urdu-speaking community led the working committee of Anjuman-Tarraqqi-i-Hind to lead
a campaign on behalf of the Urdu-speaking people of Uttar Pradesh for the acceptance of Urdu as
a regional language in the State. The Anjuman launched a campaign of mass petitions from these
speaking Urdu in U.P. A deputation of seven persons led by Dr. Zakir Hussain discussed the
relevant issues with the then Chief Minister, Sampurnanand. Later it decided to send a deputation
to the President of India. A deputation of the National Organisation of the Anjuman met the
President of India on 29 April, 1958, and submitted a memorandum requesting him to issue a
directive under Article 347 of the Constitution to the Governments of Uttar Pradesh, Bihar,
Punjab and Delhi, so that Urdu would be recognised throughout their territories for the purpose of
education, etc. The Home Ministry issued a press note on 19 July,664
INDIAN GOVERNMENT AND POLITICS
demands. In a press communique issued on 20 July, 1958, the Government Uttar Pradesh also
fully accepted the press note.61
The Nagari Pracharani Sabha of Benaras and the Hindi Sahitya Sai melan of Allahabad grew into
leading Hindi organisations from a very sm; beginning. Today, both of them are the largest
language associations of Indi which have transformed themselves into the leading organizations
for tl protection of the interests of Hindi speakers, as opposed to the Urdu speaker; Most of the
language organizations are financed by the Government of Indi and their various State
Governments. In addition, by giving legislative recog nition to voluntary associations such as the
Hindi Sahitya Sammelan and thi Dakshina Bharat Hindi Prachar Sabha, and by accepting them as
organisatior of national importance, the Union government has assumed an indirect financial
responsibility for them.62
The term 'Syndicate' is used for the influential leaders of the Congress Party who decided to act in
unison, as a syndicate. It was really a committee of Chief Ministers and their allies at the Centre.
Having decided to sink or swim together, they planned to control the party itself. These Syndicate
leaders were wielding considerable influence in organisational and governmental affairs for quite
some time. On the basis of individual interests and united action, j these leaders had come to
occupy a position of their own. They were worried 1 about Nehru's successor because their
personal interests had further were closely linked with this question. As soon as Nehru become ill
at Bhubaneshwar, they met at Tirupati to consider the succession issue. They not only decided at
that meeting but also succeeded in pushing Lai Bahadur Shastri into the Union Cabinet with the
very clear intention that he should succeed Nehru. With Nehru's approval the Syndicate's second
man, Kamraj, became Congress Pre-dent. It was with the Syndicate's approval and support that
Shastri and Indira Gandhi became Prime Ministers in 1964 and 1966 respectively. After the 1967
elections, as relations between Mrs. Gandhi and the Syndicate became strained, the Syndicate
wanted to have Morarji Desai in the Cabinet. They succeeded in doing so. However, gradually the
influence of the Syndicate deteriorated because its big leaders had been rejected by the people in
the general election.
The ideological Left and Young Turks64 may be described as a new pressure group in relation to
the Congress Party and the Government. Ideological Left in the Congress Party was influencing
the policy decisions of vital significance. They were critical of the pro-capital economic policies
of the Government. The Congress Party had adopted socialistic resolutions since long. But they
were effectively implemented after the 1969 split of the party. For this, credit goes to the Young
Turks. The following decisions were taken by the Government under its pressure :
(a) Nationalisation of banks;
(b) Abolition of Privy Purses and princely privileges;
(c) Nationalisation of general insurance;
(d) Land ceiling and ceiling of urban property;
(e) Nationalisation of wheat trade; and
(f) 24th, 25th and 29th Amendments of the Constitution.65
The left-oriented groups of this type were vigorously moulding the policies and decisions of the
Congress Party and ultimately of the Congress Government.PRESSURE GROUPS IN INDIAN POLITICS
665
ANOMIC PRESSURE GROUPS
Anomic pressure groups are the characteristic feature of several developing countries and it is not
a new phenomenon in Indian politics. By anomic pressure groups we mean more or less a
spontaneous breakthrough into the political system from the society, such as riots, demonstrations
assassinations and the like.66 Thus use of violence and some radical extra-constitutional means by
the organised groups is known as anomic behaviour. There are as many as fifty or more different
forms of anomic protests and direct action that have been resorted to, and yet there may be no end
to the variety of these techniques. These include small public meetings, postering, submitting
memoranda, press statements, street corner meetings, long marches on foot, mass rallies, proces-
sions, celebrating protest days, mass deputations, torchlights procession, hartals, strike, picketing,
satyagrah, dharna, fasting, self-immolation, destruction of public property, holding up of
transport, uprooting of railway tracks, dislocating telephone and telegraph wires, burning of
Government building, gherao, go-slow or work-to-rule, mass casual leave, riots, looting of public
or private property, etc.67 To this list we can add a few more forms of public protests, e.g., walk-
outs from the legislature, general strike, peoples curfew organising 'morchas' and sending 'jathas',
threats, burning of effigies and organising senas.68 These are the anomic phenomena in the
society. Though superficially divergent, they share in common at least two features : They are an
eloquent expression of impatience with the style and ethos of the government of the day; and
secondly, they all seek to influence the contents of the 'output' functions of the Government—the
functions of the rule-making, rule application and rule adjudication in the process becoming one
of the 'inputs' of the political system of the land.69
In India, it is generally believed that because the Government is irresponsive and political parties
incapable of adequately aggregating the interest demands of all sections of the population that
anomic pressure groups appear on the scene.70 The violent forms of public protest result from the
failure of peaceful public protests to even attract the attention of the government. Gabriel A.
Almond states : "The Indian Government and bureaucratic elite, overwhelmed by the problem of
economic development and scarcity of resources available to them, inevitably acquires a
technocratic and anti-political frame of mind, particularistic demands of whatever kinds are
denied legitimacy. As a consequence interest groups are alienated from the political system. l
Actually in India the policy-makers are unwilling to listen and unwilling to respond to the
demands of the interest groups. Only when public order is endangered by a mass movement, is
the government prepared to make a concession, not because they are convinced about the
legitimacy of their demands, but because they recognise the strength of the group making the
demands and its capacity of destructiveness.72 In fact, on many occasions governments (central,
state and local) in India ignored the demands of the large, but peaceful groups and granted total
concession to the group that pressed demands violently. Indeed, since 1947 some of the major
concessions made by the Government have been to mass movements, violent or non-violent. 73 For
instance the States of Andhra Pradesh, bifurcation of Bombay State and the creation of
Maharashtra and Gujarat, the creation of Punjab (dividing Punjab in two states as Punjab and
Haryana) and the reorganisation of Assam State by establishing five states in that region—all

were the decisions made under great pressure of public

666
;gl M
INDIAN GOVERNMENT AND POLITICS
The politics of protest involves a certain radicalisation of political life which has sometimes
resulted in mass violence. This is very true in the case o the Naxalite movement, starting after the
Fourth General Elections of 1967 in West Bengal. The Naxalites are called Maoists and they have
parted company with the CPM. They have succeeded in effectively organizing landless workers,
poor peasants and others with insecure tenancies in some pockets. They advocated a policy of
encouraging peasant revolts, establishing rural bases for armed struggle and "encirclement of
cities from the countryside." The greatest: violence and terror was let loose by the Naxalites in
West Bengal. Murders of j political rivals and attacks on trains, buses, educational institutions
and places ; of public entertainment became the order of the day. The Naxalite movement, !
though crushed by the Government, has been an eye-opener to policy-makers at the helm. They
have realised the necessity of agrarian reforms, proper j distribution of land to the landless
workers and increase of agricultural wages.
The students movement in the state of Gujarat in the year 1973 has no parallel in Indian history.
The Chimanbhai Patel ministry was considered responsible for the rampant corruption and food
crisis in the State. The Navnirman Samiti was formed to spearhead the people's agitation.
Political parties were by and large in the background. The Navnirman Samiti declared that its
Navnirman struggle would continue not only till the dissolution of the State Assembly but till the
day dishonesty and corruption were completely wiped out of the State. Soon after its formation,
the Navnirman Samiti intensified its agitation. Bandhs and demonstrations were organised in
every part of the State. Every day property was burnt, buses hijacked, Congress leaders harassed
and Janata curfews imposed. After one month of agitation, Chimanbhai Patel had to step down
from Chief Ministership. It was for the first time in the history of parliamentary democracy that
the Navnirman Samiti forced almost half of the total members of the State Assembly to resign in
support of the demand for the dissolution of the Assembly. Last, but not the least, the Samiti
forced the Union Government to dissolve the Gujarat Assembly on 15 March, 1974.
All Assam Student's Union, ULFA, the Sikh Student's Federation, Dal Khalsa, JKLF, etc. are the
emerging anomic groups in Indian politics.
The tendency of political pressure groups to resort to coercion to secure the solution of a socio-
political problem in the streets could be regarded as a serious threat to the democratic set-up. The
phenomenon of mass violence has to some extent undermined the frail democratic structure in the
country. It appears that defiance of Government has become a normal tendency of Indian political
culture. Occasions are not entirely unknown when even leaders of the party in power have
actually engineered such demonstrations as in a calculated bid to have themselves heard and
recognised in the process of decision-making. Thus public protests are inevitable and will grow
more and more under parliamentary governments because they have become fetters on the
concrete democratic rights of the vast majority of the masses. 74 When the normal channels
provided for removing the accumulated grievances prove to be ineffective, anomic actions are
inevitable. However, not all varieties of such actions are to be welcomed. Only those actions are
necessary that strengthen democracy and freedom.
Salient Features of the Indian Model of Pressure Groups
After a critical analysis of the nature and role of pressure groups in Indian politics one easily
comes to the conclusion that politics in India is pre-eminently the politics of pressure groups
rathe*- than the politics of parties. Anew type ofPRESSURE GROUPS IN INDIAN POLITICS
667
pressure group model with its own distinctive features is in the process of making and that, too, is
somewhat unique and different from the Western model of pressure groups. The specific features
of the Indian model of pressure group can be summed up as follows :
Firstly, the traditional pressure groups like caste, community, religion and regional are the
determinants of politics in India. Evidence has been cited from the behaviour of political parties,
all of which invoke primordial sentiments and organise their support on the basis of caste and
communal identities. The caste groups in India may still be called 'sovereigns without crowns'.
Secondly, most of the associational groups like trade unions, student organisations, peasant
organisations, etc., are dominated and controlled by political parties. They may be called 'parties
behind the parties'. It is a noteworthy feature that major business associations are free from party
control.
Thirdly, in the beginning organised pressure groups had little impact on the formation of public
policy. In other words, their influence was almost negative. The reasons were mainly two : (1)
charismatic leadership at the Centre and the States; and (2) monopoly of the Congress Party in the
governmental structure. As the influence of the leadership declined and the Congress monopoly
was broken, the role of pressure groups greatly increased. In the early years of Independence,
their influence had been directed towards preventing the Government from pursuing some course
of action. For example, organised lobbies prevented nationalisation of rice trade and opposed
nationalisation of other foodgrains, including wheat. At the State level, the farmer lobby within
the ruling party prevented an increase in land taxes. Now it is observed that some of the major
groups are assisting the Government in framing the rules and regulations for their concern. For
instance, the wheat policy of the Government framed in March 1974 was chalked out with the
positive support and consent of the All-India Foodgrain Dealer's Association.
Fourthly, the Constitution under Articles 262 and 263 makes provision for the Central Parliament
to settle border disputes and inter-State water disputes wherein the members of interested States
get an opportunity of playing the role of pressure groups effectively. It must also be remembered
in this connection that almost all the States maintain liaison officers in Delhi to maintain contacts
with the representatives in Parliament for the purpose of intensive lobbying whenever such
questions come up for discussion.
Fifthly, in the period of coalition and non-Congress Governments in the Indian States in the late
1960s, a few State Governments encouraged organised groups to enlist their support against the
Centre. Demands like establishment of more universities, greater investment by the Centre in the
States, location of steel plants and refineries are always supported by these groups whenever such
a situation arises.
Sixthly, institutional pressure groups in the political parties have created a chaos in the Indian
party system as a whole. The existing groups in the ruling party, as well as those in the opposition
parties have threatened the very stability of the existing majority governments. The Groups in the
parties are struggling for power for their narrow interests.
Seventhly, India heavily depends on foreign aid and technical skill. Consequently, foreign lobbies
are in a position to influence the nation's domestic andINDIAN GOVERNMENT AND POLITICS
._.....ww»tniMMtl\M AND POLITICS
Eighthly, mass movements, rallies, strikes and sometimes even violence are the instruments used
by anomic or associational groups to press their demands in India.
Ninthly, organised groups largely influence the administrators at level of policy implementation.
Administrators at the state and national levels respond easily to such kinds of pressures. They
have, however, often been unresponsive to other types of pressures. The local officials often
ignore the demands made by people whose position in the local power structure is weak. They
tend to respond more favourably to those who have greater wealth and status. Some- i times local
organised groups bribe local officials to seek favourable access on a I caste basis.
Tenthly, the general outlook in India towards pressure groups is a critical one. It is considered
improper that interests should guide policy formulation because it is felt that once the
Government succumbs to the pressure of such organised groups then no decision will be taken in
the public interest.
Finally, after the Fourth General Elections of 1967, most groups, however, adopted a neutral
attitude towards the political parties. They realised that if they identify themselves more with the
Congress Party, they may lose their influence on the Government if the other party comes to
power. Even among the committed groups the tendency now is to rely less on party connection
and more on governmental consultations, no matter which party is in power in order to safeguard
their interests. Thus, the trade unions and business groups rely more on confidential consultations
with the Government now than in their connections with the Congress and other political parties.
REFERENCES
1. W.J.M. Mackenzie, "Pressure Groups : The Conceptual Framework", Political Studies (London 1955), pp. 247-55.
2. A.H. Hanson and Janet Dougles, India's Democracy (New Delhi, 1972), p. 88.
3. Stanley A. Kochanek, "Interest Groups and Interest Aggregation,"Economic and Political Weekly (Bombay), July,
1970, p. 1291.
4. Ibid.
5. Earl Latham,"Interest Groups in the American Political System," in Stanley K. Bailey, ed. American Politics and
Governments; Essays in Essentials (Calcutta, 1967), p. 142.
Ibid., p. 144.
V.O. Key, Jr., Politics and Pressure Groups (New York, 1964), p. 18.
R.T. Mackenzie,"Pressure Groups and the British Political Process," Political Quarterly (London), Vol. 99, 1968, pp.
9-10.
Glyn Parry, British Government (London, 1969), p. 379.
Geoffrey K. Roberts, Political Parties and Pressure Groups in Britain (London, 1970), p. 8. 11. Samuel H. Finer, in
Macridis and Ward, eds., Modern Political System : Europe (New Jersey, 1968), p. 68.
H.R. Mahood, Pressure Groups in American Politics (New York, 1967), p. 30.
13. Rodee and others, Introduction to Political Science (London, 1967), p. 464.
14. Rosenbaum, Analysing American. Politics (California, 1971), pp. 236-37.
15. G.A. Almond and G.B. Powell, Comparative Politics (New Delhi, 1972), p. 81.
16. G.A. Almond and G.B. Coleman, eds. The Politics of the Developing Areas (Princeton, N.J., 1970), 185.
17. If we consider the typology offered by G.A. Almond and G.B. Powell, we find that interest groups have been
classified into four categories. Gabriel A. Almond and G. Bingham Powell, Jr., Comparative Politics (New Delhi,
1966), pp. 75-78.
18. For instance, H.S. Fartyal divides that Indian pressure groups into four different categories; (1) Special interest
groups, (2) Communal and religious groups, (3) Caste, language and regional groups, (4) Groups based on Gandhian
ideology. H.S. Fartyal, The Opposition in
6. 7. 8.
9. 10.
12PRESSURE GROUPS IN INDIAN POLITICS
669
Indian Parliament (Allahabad, 1971), pp. 228-29. Hanson and Douglas divided the Indian pressure groups mainly as :
(a) the modern pressure gorups—those which spring from the modern centres of society such as business, labour and
the Universities, (b) the traditioinal pressure groups—those that are based on traditional social structure associated with
religion, caste, tribe or language. A.H. Hanson and Janet Douglas, India's Democracy (New Delhi, 1972). pp. 88-90.
O.P. Goyal divides the pressure groups as (i) Business groups, (ii) Trade Unions, (iii) Peasant Groups, (iv) Student
Groups, and (v) Community Associations, O.P. Goyal, India : Government and Politics (New Delhi, 1977), pp. 143-61.
19. Almond and Powell, n. 11, p. 77.
20. Michael Brecher in his book Succession in India has accepted the Cabinet, the C.W.C., the Chief Minister's Club,
the C.P.P. Executive, and Bureaucracy as an institutional interests in India. Michael Brecher, Succession in India : A
Study in Decision-making (London, 1966), pp. 167-68.
21. Rajni Kothari, Politics in India (New Delhi, 1970), p. 55.
22. Norman D. Palmer, The Indian Political System (London, 1960), p. 190.
23. Robert, L. Hardgrave, Jr., India : Government and Politics in a Developing Nation (New York, 1955), pp. 60-64.
24. Brecher, n. 14, p. 46.
25. Ibid., p. 88.
26. Kuldip Nayar, Between the Lines (New Delhi, 1969), p. 30.
27. Kothari, n. 22, p. 316.
28. "The four who voted for Reddy were Desai, Chavan, Kamraj and Patil......Jagjivan Ram's
candidature was backed by Mrs. Gandhi and Ahmed. Nijalingappa, as the presiding authority and Jagjivan Ram as a
candidate did not vote." R.P. Rao, The Congress Splits (Bombay, 1971), pp. 98-99.
29. O.P. Goyal, India : Government and Politics (New Delhi, 1977), pp. 132-34.
30. Brecher, n. 21, pp. 52-53.
31. Rao, n. 29, p. 32.
32. Nayar, n. 27, p. 37.
33. J.D. Sethi, "Union-State Relations : A Balance of Power Approach," in S.N. Jain, Subhash C. Kashyap and N.
Srinivasan, eds., The Union and the States (New Delhi, 1972).
34. Stanley Kochanek, Business and Politics in India (Berkeley, 1974), p. 69.
35. Nayar, n. 27, p. 18.
36. A.R. Tyagi, Rights and Obligations of Civil Servants in India (New Delhi, 1961), p. 36.
37. Times of India, 7 February, 1970.
38. C.P. Bhambari, Bureaucracy and Politics in India (New Delhi, 1971), p. 217.
39. Ibid., p. 219.
40. Romesh Thapar, "A President Prime Minister," Economic and Political Weekly (Bombay), 11 September, 1971.
41. Bhambari, n. 43, p. 232.
42. Fred R. von Der Mehden, Politics of the Developing Nations (Englewood Cliffs, N.J., 1964), pp. 97-105.
43. B.M. Kaul, Confrontation with Pakistan (New Delhi, 1971), p. 273. Kuldip Nayar also holds the same views. He
writes, "But Menon was not innocent. He was giving orders on strategy and deployment of forces over the head of
Thapar because he would talk to Kaul daily on the telephone." Kuldip Nayar, India : The Critical Years (New Delhi,
1971), p. 140.
44. J.P. Dalvi, Himalayan Blunder (Bombay, 1969), p. 401.
45. Brecher, n. 21, p. 160.
46. Ibid., p. 169.
47. Almond and Powell, n. 18, p. 78.
48. Ibid., p. 79.
49. Bracher, n. 21, p. 120.
50. Hanson and Douglas, India's Democracy (New Delhi, 1972), p. 88.
51. Community groups may be divided into two parts : Associational Community groups and Non-associational
Community groups.
-« IT-KT n;vi T.abour Problems in Indian Industry (Bombay, 1960), p. 1.53 54, 55. 56.
57.
58. 59. 60. 61. 62. 63.
64.
65.
66.
67.
68.
69.
70. 71. 72. 73. 74.
- ..---, wi_i I IW^J

V.B. Karnik, Indian Trade Unions : A Survey (Bombay, 1966), p. 29. Myron Weiner, The Politics of Scarcity
(Bombay, 1963), pp. 74-75. Speech by N.M. Joshi, 1927. Giri, n. 61, p. 38..
Laxmi M. Singhvi and B.K. Sarkar, "India : Government and Politics," in Human Relatio Area Files (New Haven,
1955), p. 114. Karnik, n. 62, p. 304.
Harold Croch, Trade Unions and Politics in India (Bombay, 1966), p. 281. Giri, n. 761, p. 40.
Report of the Commission for Linguistic Minorities (New Delhi), Vol. 1, p. 42. Jyotindra Das Gupta, Languaage
Conflict and National Development (London, 1970), p. 21 Congress leaders, particularly Nijalingappa, Kamraj, S.K.
Patil, Atulya Ghosh, N. Sanj™ Reddy etc. earned the name of Syndicate from their critics.
In Turkey where the name was coined it was meant to be used for firebrands opposed to th regime, in India it is used to
describe those very much with the regime who live well bu talk of socialism, Chandra Shekhar, Chandrajit Yadav,
Amrit Nahata, Arjun Arora, Shash Bhushan, etc., were the active members of this group. They all were M.P.'s some of
then were ex-communists. Thus, the increase in communist influence at decision-making level] was unique.
J.C. Johari, "Young Turks and the radicalisation of Congress leadership," The Indian
Journal of Political Science (New Delhi), Vol. 34, No. 2, April-June 1973.
Almond and Powell n. 18, pp. 75-76.
K.K. Sinha, "Problem of public protest in India", in K.R. Bombwall and L.P. Choudhary, eds.,
Aspects of Democratic Government and Politics in India (New Delhi, 1968), pp. 542-59.
K.C. Mahindra, "Public Protest and Civil Liberties in India," Political Science Review
(Jaipur), Vol. 13, January-December 1974, p. 1974.
Shri Ram Maheshwari, "Anomic situations and political legitimacy in India." Ibid., p. 188. A.H. Doctor, "Interest
groups in India", Quest, Spring 1967, p. 40. Weiner, n. 63, p. v-vi, Foreword. Mahindra, n. 128, p. 205. Weiner, n. 63,
p. 216.
A.R. Desai, "Public Protest and Parliament," in S.P. Aiyar and R. Srinivasan, eds., Studies in Indian Democracy, p.
323.Chapter 50
THE ELECTION COMMISSION
ORGANISATION, FUNCTIONS AND ROLE
Election is the contrivance through which a modern state creates amongst its citizens a sense of
involvement and participation in public affairs. It is through popular elections that the authority of
a Government is clouted with legitimacy and peaceful and orderly transfer of authority to new
leaders is ensured. A good electoral system is, therefore, the bed-rock of genuine representative
government. Much, however, depends on how the system operates in practice, whether elections
are conducted efficiently and impartially by competent and honest administrators free from
political bias. The absence of general confidence in the verdict of the ballot box may destroy the
faith of the public in the democratic process. Stressing the importance of electoral administration,
Pollock observed, "Unless public elections are conducted with accuracy and efficiency, not only
the public services are discredited but the whole democratic system is endangered."
,
The purity and freedom of election can be ensured only if the electoral administration, the basic
foundation of democracy, is placed beyond the reach of 'party Government'. The architects of the
Indian Constitution attached the highest significance to an independent electoral machinery for
the conduct of elections. For this it was necessary that an independent Election Commission with
its vast paraphernalia should be set up in the country. Such a Commission would ensure fair and
free elections of the representatives of the people at all levels. It is mainly with the idea of
fulfilling the long cherished desire that the Election Commission of India was ushered in under
Article 324 which reads :
"The superintendence, direction and control of the electoral rolls for, and the conduct of all
elections to Parliament and to the Legislature of every State and of elections to the offices of
President and Vice-President held under this Constitution, including the appointment of election
tribunals for the decision of the doubts and disputes arising out of or in connection with election
to Parliament and to the Legislatures of the States, shall be vested in a Commission."
"Article 324," Dr. Ambedkar contended, "proposed to centralise the election machinery in hands
of a single commission, to be assisted by regional commissioners, working under the supervision,
direction and control of the Election Commission and not under the control of the State Governor
as envisaged earlier."2 It was undoubtedly a radical change. The centralisation of electoral
administration was done "to prevent injustice being done by the provincial Governments to
people other than those who belonged to the provinces racially,
linnmio+innllv nrtrl rrnltlirallv."672
INDIAN GOVERNMENT AND POLITICS
The Election Commission : Composition
Of the four pillars of the Indian Constitution, the Election Commission i: one, the other three
being the Supreme Court, the Public Service Commissioi and the Comptroller and Auditor
General of India. On the Election Commissior depends the integrity of election, which, truly, is
the oxygen of democracy. Thus viewed, its independence and impartiality assume critical
importance to the country's entire political system.
To ensure free, fair and impartial elections, the Constitution establishes the Election Commission,
a body autonomous in character and free from political or executive influence. The commission is
an all-India body having jurisdiction over elections to Parliament, State Legislatures, offices of
the President and Vice-President. The reason for having an all-India body to supervise and
conduct elections, rather than separate bodies to organise elections in each State, is that some
States have a mixed population, as there are the native people as well as others who are racially,
linguistically or culturally different from the native people. A State Government could
discriminate against outsiders by so managing things as to exclude them from the electoral rolls
and thus deprive them their franchise which is the most basic right in a democracy, In order to
prevent injustice being done to any section of the people, it was thought best to have one central
body which would be free from local influences and have control over the entire election
machinery in the country. J
The Election Commission consists of the Chief Election Commissioner andl such number of
Election Commissioners, if any, as the President may fix from time to time. The Chief Election
Commissioner stands at the apex of the hierarchy of the Election Commission of India. All these
commissioners are appointed by the President subject to the provisions of any law enacted by
Parliament for the purpose. Indeed, the President appoints them at the behest of the Prime
Minister because it is a constitutional necessity under the parliamentary system of government
which India has adopted.
The Chief Election Commissioner acts as the Chairman of the Election Commission in case any
other Election Commissioner besides him is appoints! The tenure of the Chief Election
Commissioner is independent of the executi discretion. Independence of Election Commission
and its insulation from exei tive interference is ensured by a specific provision in Article 324(5)
of ti Constitution to the effect that Chief Election Commissioner shall not be | removed from his
office except in like manner and on like grounds as a judge | of the Supreme Court and conditions
of his service shall not be varied to his disadvantage after his appointment. The other Election
Commissioners cannot be removed from office except on recommendation by the Chief Election
Commissioner. Further, the conditions of service of the Chief Election Commissioner cannot be
varied to his disadvantage after his appointment. These provisions of the Constitution thus
concede a security of tenure to the Chief Election Commissioner similar to a Judge of the
Supreme Court. He can therefore discharge his functions without fear, favour or pressure from
the executive or the party in power.
Though clause (2) of Article 324 provides that Election Commission shall consist of Chief
Election Commissioner and such number of other Election Commissioner, if any, as President
may from time to time appoint, the commission has since its inception consisted only of Chief
Election Commissioner. However, on October 7, 1989, President fixed the number of Election
Commissioners (other than Cheif Election Commissioner) at two until further orders. THE
ELECTION COMMISSION .... FUNCTIONS AND ROLE
673
Thereafter, S.S. Dhanoa and V.S. Seigell were appointed Election Commissioners on October
16,1989. On January 1,1990 President rescinded his earlier notification and removed the newly
appointed Commissioners.
In a sudden development the Government on October 1, 1993 converted Election Commission
into a three-member body by appointing two more Election Commissioners. The new members
are Agricultural Secretary M.S. Gill and Law Commission member G.V.G. Krishnamurthy. The
Government's decision comes in the wake of a series of controversial decisions taken by the then
Chief Election Commissioner T.N. Seshan who has been having a long-drawn tussle with the
Centre and a number of State Governments besides political parties.
Virtually all the parties had demanded that the Commission be made a multi-member body when
Seshan had suspended all byelections on the issue of the Commission's power over deployment of
paramilitary force and polling personnel.
The President also promulgated an ordinance amending the Chief Election Commissioner and
other Election Commissioners (Conditions of Service) Act providing for 'unanimous' transaction
of business and decisions but in case of differences of opinion among the three members the
matter shall be decided "according to the opinion of the majority".
Official sources said the question of having a multi-member Commission had been under
discussion for some time. In S.S. Dhanao vs. Union of India, the Supreme Court had held that
"when an institution like the Election Commission is entrasted with vital functions, and is armed
with exclusive and uncontrolled powers to execute them, it is both necessary and desirable that
the powers are not exercised by one individual, however all-wise he may be."
The Court had held that "it will conform to the tenets of democratic rule."
The Chief Election Commissioner and other Election Commissioners (Conditions of Service)
Act, 1991, as existed before the issue of ordinance was weighed in favour of the Chief Election
Commissioner in decision-making in case of differences among the members of the Commission.
The Constitution provides for a single-member or a multi-member Election Commission. When
there is more than one member, the CEC acts as its chairman.
Under the ordinance, the conditions of service of the Election Commissioners have been
redefined and placed on par with that of the Chief Election Commissioner and Supreme Court
judges.
They will have a six-year term or serve up to 65 years of age whichever is earlier.
Clause ten of the ordinance relating to transaction of business of Election Commission provides :
(1) the Election Commission may, by unanimous decision, regulate the procedure for transaction
of its business as also allocation of its business amongst the Chief Election Commissioner and
other Election Commissioners.
(2) save as provided in sub-section (1), all business of the Election Commission shall, as far as
possible, be transacted unanimously.
(3) subject to the provisions of sub-section (2) if the Chief Election Com-
..=-----n^A o+v>nr PYlprHon Commissioners differ in opinion on anymatter, such matter shall be
decided according to the opinion of the majority.
The Committee on Electoral Reforms have made certain recommendations with regard to the
items and conditions of service of the Chief Election Commissioner and the other Election
Commissioners. After having studied those recommendations, the Chief Election Commissioner
of India's conditions of service rules 1972, were amended with retrospective effect from January
1, 1986. Accordingly the Chief Election Commissioner and Election Commissioners are entitled
to the same salary and other facilities, like rent free accommodation, as are provided to a judge of
the Supreme Court. The term of office of the Chief Election Commissioner and other Election
Commissioners is six years from the date he assumes office or till the day he attains the age of 65
years, whichever is earlier.
The Commission transacts its business by holding regular meetings and also by circulation of
papers. All Election Commissioners have equal say in the decision-making of the Commission.
The Commission, from time to time, delegates some of its executive functions to its officers in its
Secretariat.
The Commission has a separate Secretariat at New Delhi, consisting of about 300 officials, in a
hierarchical set up. Two Deputy Election Commissioners who are the senior most officers in the
Secretariat assist the Commission. They are generally appointed from the national civil service of
the country and are selected and appointed by the Commission with tenure. Directors, Principal
Secretaries, and Secretaries, Under Secretaries and Deputy Directors support the Deputy Election
Commissioners in turn. There is functional and territorial distribution of work in the Commission.
The work is organised in Divisions, Branches and sections; each of the last mentioned units is in
charge of a Section Officer. The main functional divisions are Planning, Judicial, Administration,
Information Systems, Media and Secretariat Co-ordination. The territorial work is distributed
among separate units responsible for different Zones into f which the 35 constituent States and
Union Territories of the country are grouped for convenience of management.
At the state level, the election work is supervised, subject to overall superintendence, direction
and control of the Commission, by the Chief Electoral Officer of the State, who is appointed by
the Commission from amongst senior civil servants proposed by the concerned state government.
He is, in most of the States, a full time officer and has a team of supporting staff. |
At the district and constituency levels, the District Election Officers, * Electoral Registration
Officers and Returning Officers, who are assisted by a large number of junior functionaries,
perform election work. They all perform their functions relating to elections in addition to their
other responsibilities. During election time, however, they are available to the Commission, more
or less, on a full time basis.
The gigantic task force for conducting a countrywide general election consists of nearly five
million polling personnel and civil police forces. This huge election machinery is deemed to be
on deputation to the Election Commission and is subject to its control, superintendence and
discipline during the election period, extending over a period of one and half to two months.
Budget & Expenditure
The Secretariat of the Commission has an independent budget, which is finalised directly in
consultation between the Commission and the Finance
■1 tiTHE ELECTION COMMISSION .... FUNCTIONS AND ROLE

675
Ministry of the Union Government. The latter generally accepts the recommendations of the
Commission for its budgets. The major expenditure on actual conduct of elections is, however,
reflected in the budgets of the concerned constituent unit of the Union-State and Union Territory.
If elections are being held only for the Parliament, the expenditure is borne entirely by the Union
Government while for the elections being held only for the State Legislature, the expenditure is
borne entirely by the concerned State. In case of simultaneous elections to the Parliament and
State Legislature, the expenditure is shared equally between the Union and the State
Governments. For Capital Equipment, expenditure related to preparation for electoral rolls and
the scheme for Electors' Identity Cards too, the expenditure is shared equally.
Executive Interference Barred
In the performance of its functions, Election Commission is insulated from executive
interference. It is the Commission which decides the election schedules for the conduct of
elections, whether general elections or by-elections. Again, it is the Commission, which decides
on the location polling stations, assignment of voters to the polling stations, location of counting
centres, arrangements to be made in and around polling stations and counting centres and all
allied matters.
The Supreme Court, Election Commission and T.N. Seshan
The Supreme Court of India has delivered the much awaited verdict on the Constitution of a
multi-member Commission for the Superintendence, direction and control of elections to
Parliament and Legislatures of the States of the Union. An ordinance to constitute such a
Commission was promulgated by the President of India on October 1,1993. This was
subsequently converted into an Act of Parliament the same year. T.N. Seshan challenged this
legislation as violative of his power and authority. In an interim order the Court had confirmed
the pre-eminent position of the Chief Election Commissioner. The final verdict delivered on July
14,1995 has now provided the full interpretation of the constitutional provision under Article 324
of the Constitution. The Court has upheld the new legislation providing for the appointment of
two new commissioners under Article 324(2), it has confirmed the procedure of work established
by law, and has upheld the two appointments as valid. As it to remove any future ambiguity about
the authority of the President to such appointments the Court has laid down :
"The question whether it is necessary to appoint other Election Commissioners besides the CEC
is for the Government to decide and that it is not a justiciable matter."
Delivering the judgement of the Court Ahmadi, C.J. rejected Mr. Seshan's argument and held that
the CEC does not enjoy a status superior to other ECs. Although there are two differences
between the service conditions of CEC and other ECs such as that CEC can only be removed
from his office in the like manner and on the like ground as a judge of the Supreme Court and
that conditions of service cannot be varied to the disadvantage of the CEC after his appointment
while other ECs can be removed on the recommendation of the CEC, but that is not an indicia for
conferring a higher status on CEC.
The scheme of Article 324 clearly provides for a multi-member body comprising the CEC and the
Election Commissioners (ECs).
Ahmadi, C.J. in his judgement observed "nobody can be above the institu-676
INDIAN GOVERNMENT AND POLITICS
he can exist only if the institution exists. To project the individual as mightier than the institution
would be grave injustice."
The Court's judgement has ended nearly two years of bitter controversy over the functioning of
the CEC vis-a-vis the Election Commissioners and advised all of them that "for the sake of the
people and the country they would eschew their egos and work in a spirit of camaraderie."
Functions and Powers of the Election Commission
Conduct of General Elections in India for electing a new Lower House of Parliament (Lok Sabha)
involves management of the largest event in the world. The electorate exceeds 668 million voting
in 8,00,000 polling stations spread across widely varying geographic and climatic zones. Polling
stations are located in the snow-clad mountains in the Himalayas, the deserts of the Rajasthan and
in sparsely populated islands in the Indian Ocean.
Thus, the Election Commission of India has to perform multifarious duties assigned to it under
the Constitution. Plenary powers and superintendence, direction and control of the preparation of
electoral rolls and the conduct of elections vested in the Election Commission under Article 324
of the Constitution are supplemented further by Acts of Parliament, namely, Representation of the
People Act, 1950, Representation of the People Act, 1951, Presidential and Vice-Presidential
Elections Acts, 1952, Government of Union Territories Act, 1963, Government of the National
Capital Territory of Delhi Act, 1991 and the Rules and Orders under them. Some of the principal
functions of the commission are :
1. Demarcation of Constituencies
To facilitate the process of elections a country has to be divided into several constituencies. The
task of delimiting the constituencies is generally performed by a delimitation commission. But
the power to delimit parliamentary and assembly constituencies for the first general elections in
1951 was conferred on the President. The President's delimitation order was to be released on the
advice of the Election Commission which also consulted Parliamentary Advisory Committees set
by the Speaker of Parliament and the Speaker of the respective legislative assembly to which the
delimitation proposal pertained.
The Election Commission distributed the seats district-wise in each one of the States and directed
the Chief Electoral Officers to prepare proposals for the physical demarcation of Constituencies
according to the prescribed criteria. The procedure adopted in the delimitation of constituencies in
1951 led to a virtual power in the hands of the ruling party to decide about the contours of the
Constituencies as it suited its designs. The association of Parliamentary Advisory Committees
with the delimitation commission gave top priority to political considerations. The Election
Commission strongly pleaded for taking away this power from the Parliament. As on outcome of
the recommendation of the Election Commission the Parliament enacted the Delimitation Act,
1952. The Delimitation Commission was to consist of three members, two of whom were to be
nominated by the President from serving or retired judges of the Supreme Court or High Courts
while the Chief Election Commissioner was to be an ex-officio member.
THE ELECTION COMMISSION .... FUNCTIONS AND ROLE
677
• In a path-making verdict delivered on October 28, 2002, the Supreme Court of India said that
finalisation of poll dates falls "exclusively" within the domain of the Election Commission and even
Parliament cannot interfere in this domain.
• Giving an unanimous opinion on the Presidential reference made in the wake of the Election
Commission not holding elections in Gujarat before October 2002, a five judge Constitution Bench rejected
views of the Centre and the Gujarat Government that under the mandate of Article 174, six months should
not lapse between two sittings of an Assembly and that the Election Commission should hold early polls in
Gujarat.
• The Bench said that "under the Constitution, the power to frame the calendar or schedule for elections
for constituting Legislative Assembly is within the exclusive domain of the Election Commission and such
a power is not subject to any law made by either Parliament or State Legislature."
2. Electoral Rolls
The second important but tedious function of the Election Commission is to prepare for
identification the up-to-date list of all the persons who are entitled for voting at the poll.
3. Recognition of Political Parties and Allotment of Symbols
A new part (Part IVA) has been added to the Representation of the People (Amendment) Act,
1951 on registration of political parties. Section 29A now inserted provides for registration with
the Commission, of associations and bodies of individual citizens of India as political parties for
purpose of this Act. This provision came into force from June 15, 1989. A recognised political
party has been classified either as a National Party or a State Party under paragraph 7 of the
Elections Symbol Order, 1968.
Another important function of the Election Commission is to allot symbols to the political parties
and the candidates, and also to accord recognition to the political parties. The Commission has
specified certain symbols as reserved and others as free. The reserved symbols are only available
for candidates sponsored by the political parties and- the free symbols are equally available to
other candidates.
The Election Commission has power to adjudicate upon disputes with regard to recognition of
political parties and rival claims to a particular symbol for purposes of elections. What is the
character of the Commission while adjudicating upon the dispute with regard to the recognition
of a political party? The Supreme Court has held in A.RH.L. Conference Shillong vs. W.A.
Sangma that the commission is a tribunal for purposes of Article 136 while deciding such a
controversy.
4. Scrutiny of the Nomination Papers
Another function of the Election Commission is to examine the nomination papers of the
candidates. These papers are accepted if found in order, but rejected otherwise. This duty is
performed by the Returning Officer who notifies to all the contesting candidates the date, time
and place for the formal scrutiny of nomination papers.
The Returning Officer summarily but judicially examines all the nomination papers and decides
the objection raised. He is also to see whether the remiisite requirements of security deposit,
election symbol, election agent, etc.,_ INDIAN GOVERNMENT AND POLITICS
........_,., /nit./ ruu I UjS

by upholding the objection raised by a rival candidate or on his own motion or any of the
following grounds : (a) that the candidate either is not qualified is disqualified to fill the seat
under any of the relevant constitutional provisior viz. Articles 84, 102, 173 and 191; (b) that the
provision of Sections 33 and ■..<■. of the Representation of the People's Act, 1951 have not been
compiled with; and (c) that the signature of the candidate or the proposer on the nomination
papers is not genuine.
5. The Conduct of the Poll
Another stupendous task that the Election Commission has to undertake is the conduct of the poll
throughout the whole of India.
The Commission normally announces the schedule of elections in a major Press Conference a
few weeks before the formal process is set in motion. The Model Code of Conduct for guidance
of candidates and Political Parties immediately comes into effect after such announcement. The
formal process for the elections starts with the Notification or Notifications calling upon the
electorate to elect Members of a House. As soon as Notifications are issued, Candidates can start
filing their nominations in the constituencies from where they wish to contest. These are
scrutinised by the Returning Officer of the constituency concerned after the last date for the same
is over after about a week. The validly nominated candidates can withdraw from the contest
within two days from the date of scrutiny. Contesting candidates get at least two weeks for
political campaign before the actual date of poll. On account of the vast magnitude of operations
and the massive size of the electorate, polling is held at least on three days for the national
elections. A separate date for counting is fixed and the results declared for each constituency by
the concerned Returning Officer. The Commission compiles the complete list of Members elected
and issues an appropriate Notification for the due Constitution of the House. With this, the
process of elections is complete and the President, in case of the Lok Sabha, and the Governors of
the concerned States, in case of Vidhan Sabhas, can then convene their respective Houses to hold
their sessions. The entire process takes between 5 to 8 weeks for the national elections, 4 to 5
weeks for separate elections only for Legislative Assemblies. 6. Election Expenses
;
Another most controversial function that the Election Commission has to perform is to scrutinise
the accounts of election expenses submitted by contestants in elections. In India every contesting
candidate is required to maintain and file the accounts of his election expenses within a
prescribed period after publication of the result of his election. Within 10 days from the last date
of filing the returns, the Returning Officer submits to the Election Commission a list of all the
candidates and their agents together with their returns as also his observations in respect of
candidates who have failed to lodge returns in the specified time and in accordance with the
procedure prescribed by law. The Commission scrutinizes the accounts and decides whether the
returns are in proper form and whether they have been lodged in time. In case of default it notifies
the candidates or their agents of their disqualification by publishing these in the official Gazette.
7. Advisory Jurisdiction & Quasi-Judicial Functions
Under the Constitution, the Commission also has advisory jurisdiction in the matter of post-
election disoiifllifi^+;"" ~f -"•"'

I THE ELECTION COMMISSION .... FUNCTIONS AND ROLE

679
practices at elections which come before the Supreme Court and High Courts are also referred to
the Commission for its opinion on the question as to whether such person shall be disqualified
and, if so, for what period. The opinion of the Commission in all such matters is binding on the
President or, as the case may be, the Governor to whom such opinion is tendered.
The Commission has the power to disqualify a candidate who has failed to lodge an account of
his election expenses within the time and in the manner prescribed by law. The Commission has
also the power for removing or reducing the period of such disqualification as also other
disqualification under the law.
8. Judicial Review
The decisions of the Commission can be challenged in the High Court and the Supreme Court of
India by appropriate petitions. By long standing convention and several judicial pronouncements,
once the actual process of elections has started, the judiciary does not intervene in the actual
conduct of the polls. Once the polls are completed and result declared, the Commission cannot
review any result on its own. This can only be reviewed through the process of an election
petition, which can be filed before the High Court, in respect of elections to the Parliament and
State Legislatures. In respect of elections for the offices of the President and Vice-President, such
petitions can only be filed before the Supreme Court.
9. Media Policy \
The Commission has a comprehensive policy for the media. It holds regular briefings for the
mass media-print and electronic, on a regular basis, at close intervals during the election period
and on specific occasions as necessary on other occasions. The representatives of the media are
also provided facilities to report on actual conduct of poll and counting. They are allowed entry
into polling stations and counting centres on the basis of authority letters issued by the
Commission. They include members of both international and national media. The Commission
also published statistical reports and other documents which are available in the public domain.
The library of the Commission is available for research and study to members of the academic
fraternity; media representatives and anybody else interested.
The Commission has in co-operation with the state owned media-Doordar-shan and All India
Radio, taken up a major campaign for awareness of voters. The Prasar Bharti Corporation which
manages the national Radio and Television networks, has brought out several innovative and
effective short clips for this purpose.
10. International Co-operation
India is a founding member of the International Institute for Democracy and Electoral Assistance
(IDEA), Stockholm, Sweden. In the recent past, the Commission has expanded international
contacts by way of sharing of experience and expertise in the areas, of Electoral Management and
Administration, Electoral Laws and Reforms. Delegates of the Commission have visited Sweden,
U.K. Russia, Bangladesh and the Philippines in recent years. Election Officials from the national
electoral bodies and other delegates from the several countries—Russia, Sri Lanka, Nepal,
Indonesia, South Africa, Bangladesh, Thailand, Nigeria, Australia, the United States and
Afghanistan have visited the Commission for a better understanding of the Indian Electoral
Process. The Commission has also provided experts and observers for elections to other — -~^«=
in rn-oDeration with the United Nations and the Commonwealth680___________
11. New Initiatives
INDIAN GOVERNMENT AND POLITICS
The Commission has taken several new initiatives in the recent past. Notable among
these are, a scheme for use of State owned Electronic Media for broadcast/telecast by
Political parties, checking criminalisation of politics, computerisation of electoral rolls,
providing electors with Identity Cards, simplifying the procedure for maintenance of
accounts and filling of the same by candidates and a variety of measures for strict
compliance of Model Code of Conduct, for providing a level playing field to contestants
during the elections.
THE ELECTION COMMISSION UNDER FIRE
The country's first CEC, Sukumar Sen, built up an institution which became an example
to the newly free countries in the '50s and '60s. The conduct of subsequent incumbents
too mostly has been beyond suspicion. Even as the political culture steadily deteriorated,
the election machinery by and large remained free of controversy. The arrival of T.N.
Seshan changed all that. Seshan plunged headlong into the electoral process promising a
'ruthlessly fair' poll. While his ruthlessness is not doubted, his claim to fairness is bitterly
contested by critics.
First, there were the transfers of officials. As the country witnessed with dismay states
mass-transferring their officials to put in a pliable election machinery in place, Seshan
asked five states including Bihar and Uttar Pradesh to revoke the transfers. At that time
he was applauded for bringing erring politicians to book, though he may have acted
outside his authority. The model code of conduct, as one legal expert put it, cannot be
used as an excuse to run the state governments. Seshan scheduled the hearing of the
petition against the BJP about misuse of its symbol just before the elections and further
angered the party by ruling that third parties can be heard in the matter of registration of a
political party. In the face of vehement protests, he put off the hearings. Seshan raised the
spectre of putting off polls in Bihar citing law and order problems, which evoked
allegations that he was trying to ruin the National Front's prospects. He took exception to
Central Ministers issuing out of turn gas and phone connections. It evoked angry protests
from the piqued ministers, with the Prime Minister having had to intervene to claim the
tempers of his ministerial colleagues. Citing mass rigging Seshan countermanded
elections in five constituencies in Bihar and Uttar Pradesh, including Patna from where
former foreign minister I.K. Gujral was contesting. Gujral accused Seshan of vengeance
because his cabinet had shunted Seshan from the top post of cabinet secretary as 'he had
politicised the office.'7
Seshan also has a way of entering the legal grey areas. He countermanded the elections in
the five constituencies and then held that the Commission had the powers to review its
own decision. However, at least in Meerut and Bulandshahar's case he said the review
had vindicated the countermanding decision. He also went on TV openly casting doubts
on the integrity of his electoral officers. He actually passed strictures against the returning
officer in his ruling on Meerut countermand review. Even if true, in its logical conclusion
it undermines the Commission itself. Seshan's ruling that he had the powers to review the
decision also invites legal argument. He obviously went along with the argument that
being a tribunal the Election Commission had inherent powers to review its own
decisions. Critics, however, insist that a countermand is like dissolution of the House and
therefore not open to review. Similarly, Seshan silently endured criticism on the

postponement of polls after Rajiv's tzz

(tent past. 'Media for tf politics, ity Cards, f the same el Code of elections.
jion which he conduct jren as the and large d all that. jlessly fair' jis bitterly
essed with ie election fur Pradesh [ing erring [The model fuse to run Pn against er angered |gistration I
hearings, .and order e National Emt of turn [ministers, pers of his [lections in ^•om where 'Seshan of t of
cabinet
:rmanded
jiission had leerut and ermanding pity of his ig officer in conclusion the powers along with A inherent
untermand
THE ELECTION COMMISSION .... FUNCTIONS AND ROLE
681
assassination before finally disclosing that the dates were not his choice but he merely went along
with the advice of the Government.
His unconventional style has at least got the parties thinking on reforms to the institution.
According to L. K. Advani, "The Election Commission occupies a pivotal place in the scheme of
the Indian Constitution. During recent years it has willingly or unwillingly, abdicated its
independent, supra-governmental authority and accepted for itself the role of a mere official
department charged with the conduct of elections."
In recent years an impression has gained the ground that the Election Commission is becoming
less and less independent of the executive than in the earlier years of independence, because the
choice of the Chief Election Commissioner has not always been based on the criteria which
would command the confidence of all sections of public opinion. The practice of making it a
berth for retiring government officials has, perhaps, been responsible for the feeling that the
incumbent so benefited will be beholden to the Government for his office.
Equally important is the manner of appointing the members of the Commission and the choice of
the Chief Election Commissioner. The Constitution provides that the appointment should be
made by the President. As he is to act on the advice of the Council of Ministers in effect, the
selection is made by the government of the day. While this may be in keeping with the basic
features of cabinet responsibility under the Parliamentary system of government; appointment to
this high office by the executive of the day is always open to suspicion and cannot command the
prestige and confidence that should be associated with the office.
The appointment of Mr. T.N. Sehsan as the Chief Election Commissioner has caused an upsurge
of anger and bitterness in the bureaucracy, particularly within the Law Ministry. Mrs. Rama Devi,
who was officiating as CEC, handed over charge to Mr. Seshan on December 12, 1990 and then
proceeded on leave for a month. She had been appointed acting CEC on November 15 for a
period of three months in view of the illness of the then CEC, R.V.S. Peri Sastry. Sastry died on
November 25 and Rama Devi continued to head the Election Commission. According to sources,
she had been given to understand that she would be made CEC. Her appointment is believed to
have been imminent when Mr. Seshan was suddenly made CEC instead. y
The part played by the Union Law and Justice Minister, Mr. Subramaniam Swamy in Mr.
Seshan's appointment is believed to have been significant. Sources said that he over-ruled Mr.
B.G. Deshmukh, Principal Secretary to the Prime Minister, who is said to have recommended
Mrs. Rama Devi's appointment. The appointment of Mr. Seshan, who was cabinet secretary in the
Rajiv Gandhi regime, has also given rise to speculation that Mr. Swamy acted on behalf of the
Congress (I). Law Ministry sources pointed out that Mrs. Rama Devi is one of the senior most
officers of the Indian Legal Service and had the right qualifications for this sensitive post. She
had earlier served as Secretary in the Legislative department in the Law Ministry. Peri Sastry also
came from the legal service.
While Mr. Seshan is a very senior bureaucrat, the quasi-judicial nature of the CEC's post has led
to the belief that officers from the Indian Legal Service.......^ i «_/t_i I IUO
It is being speculated that Mrs. Rama Devi's public statement against-ele< tion malpractices and
her openly blaming the Haryana Government for th delay in the Meham by-election may have
displeased those in power.
The Election Commission is facing the charge of partisanship. On the ev< of the Ninth Lok Sabha
polls, it was criticised in the context of the seeminglj hesitant approach of the Commission to the
complaint against the announcement of the Indira Mahila Yojana by the then Prime Minister,
Rajiv Gandhi, in his capacity as Congress (I) President.
In fact, three of the former Chief Election Commissioners had opposed the! concept of a multi-
member body on the ground that it would delay decision-! making. However, Peri Sastry had
suggested to the Government to examine the! proposal and decide after ascertaining the views of
various political parties. No action was taken on this for two years but on the eve of the Ninth
Lok Sabha Elections the Government appointed two more Election Commissioners. Thi> was
viewed with suspicion by some observers who saw in it a blatant attemp) by the then ruling party
to influence the Commission's decisions. Role of the Election Commission : An Estimate
In the tenure of Mr. T. N. Seshan as CEC, the relations between CEC and the Central and State
Governments were not cordial. The confrontation and the ensuing embarrassment for the
Government as a result of the rulings given by CEC T.N. Seshan have only been increasing. On
the issue of misuse of office and official machinery, two ministers and a Chief Minister faced the
wrath of CEC when he named Minister of State for Steel Santosh Mohan Dev, Minister of State
for Personnel Margaret Alva and Assam Chief Minister Hiteswar Saikia. He dropped another
bomb when he named 28 members of Parliament including several ministers for giving false
declaration of their place of residence. His tiff with the Government also started when he insisted
on Identity Cards for voters, objected to the appointment of CEO in West Bengal, transfer of
officers after the announcement of elections, even postponed election in Palani when Tamil Nadu
Chief Minister Jayalalitha announced certain schemes. In fact Seshan has started his duel with the
Government by not recognising the appointment of two election commissioners. It was only after
the Supreme Court ruling that he accepted the existence of the two ECs. 8
The Election Commission (EC) has sought details about the changes in the ; telecom policy
ordered by the Centre in July 1999. The EC's directive came after various political parties
including the Congress and the Left Front requested the Commission to intervene in the matter.
In their submissions made before the Commission, the Opposition parties had contended that the
Vajpayee Government did not have requisite powers to take decisions on such policy matters, as
it was caretaker in nature.
Opposition parties hold the opinion that the revenue sharing arrangement has been made by the
Government in violation of the model code of conduct while causing huge financial loss to the
exchequer. j
President K. R. Narayana, acting on the Commission's recommendation, ] issued a notification on
July 17, 1999 under the Representation of the Peoples Act, saying, "I do hereby decide that Bal
Thackeray should be disqualified for a period of six years from December 11, 1995."
The Commission's decision came after the President referred the matter to it following the
Supreme Court upholding an order of the Mumbai High CourtTHE ELECTION COMMISSION ....
FUNCTIONS AND ROLE
683
that found Mr. Thackeray guilty of inciting hatred among various communities during an election
speech.
On November 1, 2002, in a strong indictment of the Narendra Modi Government in Gujarat, the
Election Commission directed the removal forthwith of all hoardings and posters displayed in the
State on communal lines. Apprehending large-scale communal violence and disturbance to
communal harmony, on the basis of the Gujarat Government's assessment, the Election
Commission (on November 13, 2002) imposed a ban on the proposed "Vijay Yatra" by the VHP
in Gujarat from November 15, 2002.
With a critical evaluation of the working of the Election Commission of India so far we can now
infer that :
Firstly, the working of the Election Commission of India during the last five decades has shown
that the Election Commission worked independently and impartially, as well as efficiently.
Secondly, the Election Commission has fulfilled all the constitutional obligations, and has never
tried to go beyond or overstep the limits of the Constitution. It always worked within the
framework of the Constitution.
Thirdly, when the Election Commission conducted the First General Election in 1951-52 the
electorates were just 171 million but the present strength of the electorate is about 67.15 crore.
The Commission, has however, been able to cope with its evermounting responsibilities. It has
the capacity to meet new challenges and faced the situation boldly.
Fourthly, although the faith of the people in democracy, its institutions and political parties has
eroded but their faith in the Election Commission has all the more strengthened or fortified.
Has the Commission been able to function impartially and independently in the just concluded
elections? Has it ensured free and fair elections? This suspicion got strengthened when it
promptly ordered the DMK Government in Tamil Nadu to desist from screening documentaries
on its achievements in the last one year and the Andhra Pradesh Government to remove cutouts
of N.T. Rama Rao, depicting him as Krishna, but took its time in dealing with complaint made by
the non-Congress (I) parties against the announcement of the Indira Mahila Yojana by the
Congress (I) President who was also the Prime Minister. According to the Election Commission,
the very fact that in almost all states the ruling parties have suffered setbacks shows that the
elections have been free and fair. It has given the lie to the widespread belief that the party in
power will use official machinery and influence the voters in its favour.
Reforming the Election Commission : Suggestions
The Election Commission has called for every effort to eliminate scope for criticism against the
election machinery. It has urged the government to implement the already accepted proposal that
the appointment of the Chief Election Commissioner be subject to law made by Parliament. It has
also suggested series of reforms to reduce the scope for controversies over the timing of elections
and malpractices such as manipulation of voter's lists, rigging or booth capturing and misuse of
official machinery. One of the suggestions made was that the Commission be given the same
constitutional status as Parliament, the Supreme Court, the Comptroller and Auditor General and
the Union Public Service Commission. At present, the Election Commission is regarded as the
weakest pillar of democracy because its secretariat and staff are not
____......,i^ f ^k.11 IUU

On behalf of the Citizens for Democracy (CFD), Jayaprakash Narayan (J appointed a committee
in 1974 under the chairmanship of Mr. Justice V. I Tarkunde to consider electoral reforms. The
Tarkunde Committee's Repo (1975) said : "As in the case of Judiciary, the Election Commission
must in only be independent in theory but also manifestly appear to be so in the exercis of its
powers of organising and conducting elections. In the recent years, a impression is gaining
ground that the Election Commission is becoming les and less independent of the Executive than
in the earlier years of Independent because the choice of the Chief Election Commissioner has not
always bee based on criteria, which would command the confidence of all sections of publi
opinion. "The practice of making it a berth for retiring Government official has, perhaps, been
responsible for the feeling that the incumbent so benefittei will be beholden to the Government
for his office." (emphasis added).
The Committee recommended that "the members of the Election Commis sion should be
appointed by the President on the advice of a Committee consisting of the Prime Minister, the
Leader of the Opposition (or a Member oj Parliament selected by the Opposition) in the Lok
Sabha, and the Chief Justice of India."
On January 9, 1990, Prime Minister Mr. V. P. Singh appointed the Committee on Electoral
Reforms under the chairmanship of the Law Minister, Mr, Dinesh Goswami. Regarding
appointment of the Commission, the Committee made the following recommendations : (a) the
appointment of the CEC should be made by the President in consultation with the Chief Justice of
India and the Leader of the Opposition; (b) the consultation process should have a statutory
backing; (c) the appointment of the other Election Commissioners should be made by the
committee in consultation with the Chief Election Commissioner; (d) on expiry of the term of
office, the Chief Election Commissioner and the Election Commissioners should be ineligible for
any appointment under the Government, including the post of Governor.
To restore to the Election Commission, the position and importance conceived for it by our
Constitution makers, L. K. Advani gave three specific, suggestions : Firstly, the Commission
should be a multi-member body as contemplated by Article 324 of the Constitution. Secondly, the
practice of nominating retired secretaries of Government to the Commission must be given up.
Only person qualified to become judges of the Supreme Court should be eligible for the
Commission's membership. Lastly, retiring members of the. Election Commission should not be
reappointed to any other office. f
I.K. Menon, who worked for 30 years in the Commission says that in my i view a three member
commission will not work smoothly. At times, quick decisions will have to be taken and there is
no time for consultations. Seshan himself admitted that there was not enough work for him in the
office of the commission. In ordinary times for a CEC, there is hardly any work for more than
two hours. Some Chief Election Commissioners used to come at 11 to the office and return home
by lunch.
S.L. Sakhdhar, the former CEC of India says that my objection to th; ordinance is that all three
members have been placed at par. It is a troika. Tin horses pulling the same cart, I don't know
whether it will work. After an somebody has to lead, take decisions, initiate action. How will this
be possible with the present commission, in which all three are at par?
We may advance the following suggestions to enhance tha =f^"» ~* A-THE ELECTION
COMMISSION .... FUNCTIONS AND ROLE
685
1. The Election Commission should be a multi-member body.
2. Its status should be similar to the status of High Courts and the Supreme Court.
3. The appointment of its members should be made by a Committee consisting of the Chief
Justice of the Supreme Court, the Leader of the House and the Leader of the opposition.
The National Commission to review the working of the Constitution recommends that the Chief
Election Commissioner and the other Election Commissioners should be appointed on the
recommendation of a body consisting of the Prime Minister, Leader of the Opposition in the Lok
Sabha, Leader of the Opposition in the Rajya Sabha, the Speaker of the Lok Sabha and the
Deputy Chairman of the Rajya Sabha.
Conclusions
During the last five decades of its working the Election Commission of India has acquired for
itself a prestigious position in the constitutional set up of the country. Anybody having a
grievance against a political party, candidate, Minister, or official can approach the commission
for its redressal. A feeling has grown in the country that the Election Commission is the only
suitable agency for the removal of their electroal grievances and can render the requisite help and
guidance in all matters pertaining to elections. The Commission has been able to generate a sense
of faith that the people repose in its integrity. In fact, the Election Commission of India is one of
the institutions that has earned the country credit at home and abroad.
The independence and integrity of the Election Commission are of paramount importance for
ensuring a free and fair election. In this regard, the procedure of appointment of the Chief
Election Commissioner and other Election Commissioners becomes crucial and cannot be left to
the sweet will and pleasure of the Executive.
In the ultimate analysis, making the Election Commission function independently is not enough.
The political parties too will have to play their part in a fair manner because rigging, booth-
capturing and other malpractices do not take place without the connivance of the candidates.
REFERENCES
1. R.P. Bhalla, "Electoral Mechanism in India" in Virendra Grover (ed.), Political System in India, Vol. 6 (New Delhi,
1988), p. 11.
2. Constituent Assembly Debates, Vol. VII, June 15, 1949, p. 905.
3. B. Shiva Rao, The Framing of India's Constitution (New Delhi, 1968), p. 460.
4. M.P. Jain, Indian Constitutional Law (Bombay, 1987), p. 451.
5. J.K. Chopra, Politics of Election Reforms in India (New Delhi, 1989), p. 3.
6. India Today, June 30, 1991, pp. 32-33.
7. India Today, June 15, 1991, p. 127.
8. Indian Express, March 23, 1994.
9. Era Sezhiyan, "Appointment of Election Commissioners," The Hindu, May 21, 2001. Chapter 51
ELECTORAL REFORMS IN INDIA
Free and fair elections are essential in a healthy democracy. It is an 1 essential condition for the
success of democracy that people maintain their allegiance towards the democratic institutions
based on rule of law. The more the elections are free and1 fair, the stronger the allegiance the
people will have towards democratic institutions. Contrary to this, if the elections are not free and
fair, the people will not have faith in democracy.l Mohan Dharia has rightly observed : "Present
election system, which has encouraged use of black money, casteism, abuse of administrative
machinery, rigging, and even capturing of booths in some areas, has been fast eroding the faith of
the people in free and fair elections."
Parliament has made a law to ensure free and fair elections and a very comprehensive system of
elections has been developed in the country. The J experiences of the last thirteen General
Elections have shown the merits and ; demerits of the system to the people. Minor changes have
since been made in j the system. Still our electoral process is beset with many evils. Some of
them] can be easily identified. First, is the mounting expenditure on elections, incurred both by
the Government on organising them and, more particularly, byf the parties and candidates on
fighting them. Barring a few rich individuals! nobody can finance an election from his own
resources. The political parties andf their candidates have, therefore, come increasingly to rely on
business sources.! The business contributions are mostly in cash and from unaccounted money.!
Another source is the wealth amassed by the gangs of anti-social elements—! smugglers, dacoits,
and industrial mafias. Secondly, even more than money J power factor which vitiates the elections
is the muscle power, acting in aid off the candidates belonging to dominant castes and
communities in a constituency. I Often the administrative machinery is hand in glove with these
elements. \ Amethi parliamentary election and the reports on the recent by-election in; Meham are
illustrative of this ugly combination. With the aggravation of caste ? and communal conflict, the
eclipse of idealism and ideology in public life, the evil of booth capturing and rigging has
virtually made a mockery of free and fair elections. The evil practice which started in Bihar has
gradually spread to other States.2 Thirdly, it has also been observed that due to large number of.'
candidates, the winner candidate very often wins by minority votes. TheJ percentage of votes
polled by political parties also does not correspond to their ■ percentage of seats. The majority
party generally wins with minority votes. A large number of political parties do participate in the
electoral fray but their performance has been negative. For example in, 2004 Lok Sabha elections
221 political parties could not open even their account and their presence only
ELECTORAL REFORMS IN INDIA
687
mitigated the electoral process. Fourthly, the abject dependence of the Election Commission on
the Central and State governments for the conduct of the polls is another serious defect in the
existing electoral system. Many Presiding Officers at the polling booths have been caught
stamping the ballot papers and putting them inside the ballot boxes during the night before the
poll. Fifthly, candidates with criminal records are contesting elections and get elected by using
strong arms. For example, a record 435 candidates with criminal backgrounds stood for 11th Lok
Sabha elections in 1996 and 27 of these actually made it to Parliament. Around 100 MPs in the
14th Lok Sabha have criminal charges against them.
Indeed, the battles of ballots have been turned into battles of bullets. On the election days booths
are captured, polling agents attacked and bombs thrown to prevent weaker sections from
exercising their franchise.
Electoral Reforms
The following electoral reforms have been introduced in our electoral system in the last few yeras
:
1. Lowering of Voting Age : The Constitution (Sixty-first Amendment) Act, 1988 amends Article
326 by substituting the words '18 years' for '21 years'. This came into force on 28 March, 1989.
Thus, Parliament through a constitutional amendment in 1989 reduced the minimum voting age
from 21 to 18. For the first time, as many as 35.7 million voters in this age group exercised their
right to elect representatives in the 1989 elections.
2. Deputation to Election Commission : Under the Representation of the Peoples (Amendment)
Act, 1988, a new section 13CC was inserted which provides that officers or staff engaged in
preparation, revision and correction of electrol rolls for elections shall be deemed to be on
deputation of Election Commission for the period of such employment and such personnel shall
during that period, be subject to control, superintendence and discipline of Election Commission.
3. Increase in number of proposers : Number of electors who are required to sign as proposers in
nomination papers for elections to Council of States and State Legislative Council has been
increased to ten per cent of the electors of the constituency or ten such electors, whichever is less,
to prevent frivolous candidates.
4. Electronic Voting Machine : The Representation of the Peoples Act, 1951, was amended to
facilitate use of electronic voting machines in elections. Electronic Voting Machines (EVMs)
were first used in November 1998 in various constituencies in the state elections of Rajasthan,
Madhya Pradesh and Delhi. On the basis of experience gained at these elections and the positive
response towards the use of EVMs at elections, the Commission used the machines for the first-
time in the general elections to the State Legislative Assembly of Goa in 1999. EVMs were also
used in 45 Parliamentary Constituencies across the country during General Election to Lok Sabha
covering more than 65,000 polling stations. The Commission continued to hold bye-elections
across the country by using EVMs.
The Commission had procured 1,50,000 machines in 1989-90. Subsequently, the Commission has
procured further 1,34,480 EVMs during 2001-02. About 1,64,418 EVMs were used in 1,49,221
polling stations during688~
INDIAN GOVERNMENT AND POLITICS
5. Booth Capturing : Section 58 A has been inserted in the Representatioi of the Peoples Act,
1951 by Act 1 of 1989 providing for adjournment of poll oi countermanding of elections because
of booth capturing, Booth capturing has been defined in section 135 A of the Representation of
the Peoples Act, 1951.
If because of booth capturing result of poll/result of counting cannot be ascertained returning
officer will report the matter forthwith to Election Commission. Election Commission on such
report may either declare the poll at the particular polling station as void and appoint a date for
fresh poll or countermand election in that constituency.
6. Disqualification on Conviction under the Prevention of Insults to National Honour Act, 1971 :
Any conviction under section 2 (offence of insulting the Indian National Flag or the Constitution
of India) or section 3 (offencej of preventing singing of National Anthem) of the Prevention of
Insults to National Honour Act, 1971 shall hereafter entail disqualification for contesting
elections to Parliament and state legislatures for a period of six years from the date of such
conviction. I
7. Increase in Security Deposits and Number of prosposers : The amount of security deposit
which a candidate at an election to the House of the People >•<: a State Legislative Assembly
has to make has been enhanced as a measure check the multiplicity of non-serious candidates. In
the case of an election „„ the House of the People, the amount of secruity deposit has been
increased from Rs 500 to Rs 10,000 for the general candidate and from Rs 250 to Rs 5,000 for a
candidate who is a member of a Scheduled Caste or Scheduled Tribe. In the case of elections to a
State Legislative Assembly, the candidates will have to make a deposit of Rs, 5,000 if they are
general candidates and Rs 2,500 if they belong to a Scheduled Caste or Scheduled Tribe, instead
of Rs 250 and Rs 125 respectively as was being previously deposited by them. The amended law
further provides that the nomination of a candidate in a Parliamentary or Assembly consitutency
should be subscribed by 10 electors of the constituency as prospers, if the candidate has not been
set up by a recognised National or; State Party. In the case of a candidate set up by a recognised
party only one prosposer is sufficient; Minimum interval between the last date for withdrawal j
and date of poll has been reduced to 14 days instead of 20 days.
8. Restriction on Contesting Election from More than Two Constituencies: ] A candidate shall
hereafter not be eligible to contest election from more than J two Parliamentary or Assembly
constituencies at a general election or at the j bye-elections which are held simultaneously.
Similar restrictions will apply for biennial-elections and bye-elections to the council of states and
state legislative councils.
9. Listing of names of candidates : For the purpose of listing of names of candidates, they shall be
classified as (a) candidates of recognised political; parties, (b) candidates of registered-
unrecognised political parties, and (c)othei (independent) candidates. Their names in the list of
contesting candidates, and in the ballot papers will now appear separately in the above order and
in eaclj category they will be arranged in alphabetical order.
10. Death of a Candidate : Previously, the election was countermanded oa the death of a
contesting candidate. In future, no election will be countermanded; on the death of a contesting
candidate. If the deceased candidate, however, wai set up by a recognised National or State party,
the party concerned will be given! an option to nominate another candidate within seven days of
the issue of a] notice to that effect to the party concerned by the Election Commission. ELECTORAL
REFORMS IN INDIA
689
11. Prohibition of going Armed to or near a Polling Station : Going armed with any kind of arms
as defined in Arms Act, 1959 within the neighbourhood of a polling station is now a cognizable
offence prmishable with imprisonment up to two years or with fine or with both. Arms found in
possession of the offender shall also be liable to confiscation and licence granted in relation to
such arms shall also be deemed to have been revoked. These provisions shall, however, not apply
in the case of Returning Officer, Presiding Officer, any police officer or any other person
appointed to maintain peace and order at the polling station.
12. Grant of Paid Holiday to Employees on the Day of Poll : All registered electors who are
employed in any business, trade, industrial undertaking or any other establishment shall be
entitled to a paid holiday on the day of poll. Even the daily wagers will receive their wages for the
said day. But this will not apply in the case of an elector whose absence may cause danger or
substantial loss in respect of the employment in which he is engaged. Any employer contravening
the law shall be punishable with fine up to Rs 500.
13. Prohibition on Sale, etc., of Liquor : No liquor or other intoxicants shall be sold, given or
distributed at any shop, eating place, hotel or any other place, whether public or private, within a
polling area during the period of 48 hours ending with the hour fixed for the conclusion of poll.
Any person contravening the law shall be punishable with imprisonment up to six months or with
fine up to Rs 2,000 or with both.
14. Time Limit for Holding Bye-elections : Bye-elections to any House of Parliament or a State
Legislature will now be held within six months of occurrence of the vacancy in the House.
However, this stipulation will not apply where the remainder of the term of the member whose
vancacy is to be filled is less than one year or where the Election Commission, in consultation
with the Central Government, certifies that it is difficult to hold the bye-election within the said
period.
15. Affidavits to be filed by Candidates on Criminal antecedents, Assets etc. : The Supreme Court
of India, by its order May 2, 2002, in Civil Appeal No. 7178 of 2001-Union of India us.
Association for Democratic Reforms and another had directed the Election Commission to call
for information on affidavit from each candidate seeking election to Parliament or a State
Legislature as a necessary part of his/her nomination paper, furnishing therein, information
regarding his/her criminal antecedents, if any; immovable and movable assets possessed by
him/her and his/her spouse and dependents; liabilities/Government dues; and educational
qualifications, possessed by the candidate.
The Election Commission, in pursuance of the above referred Judgement and Order of May 2,
2002 of the Supreme Court, directed by an Order of June 28, 2002, that every candidate at the
time of filing his nomination paper shall furnish information regarding his past convictions and
pending cases, if any; assets and liabilities; and educational qualifications. The information was
to be furnished in the form of an affidavit prescribed by the Commission.
The President of India promulgated the Representation of People (Amendment) Ordinance, 2002
on August 24, 2002 to amend the Representation of the People Act, 1951. By inserting section
33B, the Order of the Election Commission of June 28, 2002 was virtually rendered ineffective.
T>\*n an,,0mmont hv notification dated September 3, 2002, amended the

a furnis U s
blowing mat " " full and ^ ^ive Councfl of Q.Pe°ple' th Affidav"tfft6rS sPe«fied by
C mpJete tt h
"h? ° ^formti

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Place
of five.ELECTORAL REFORMS IN INDIA
691
The amount of security deposit was also increased to Rs. 15,000 in place of Rs. 2,500 for
contesting elections to the offices of President and Vice-President.
17. Provisions to Caste vote by Postal Ballot: Further, the Representation of the People
(Amendment) Act, 1999 was enacted in November 1999 to insert a new clause (c), after clause
(b), in section 60 of the Representation of the People Act, 1951. By virtue of this amendment, any
class of persons can be notified by the Election Commission of India, in consultation with the
Government and the persons belonging to such notified class of persons can then give their votes
by postal ballot, and not in any other manner, at elections in their constituency or constituencies,
subject to the fulfilment of such requirements as may be specified in the Conduct of Elections
Rules, 1961. The provision was basically meant to facilitate the exercise of franchise by migrants
from Kashmir Valley in view of the then impending General Elections to the thirteenth Lok
Sabha.
18. Requisitioning of Staff for Election Duty : The Parliament also enacted the Representation of
the People (Amendment) Act, 1998 in June 1998, to substitute a new section for section 159 of
the principal 1951-Act regarding requisitioning of staff for election duty. By virtue of this
amended section 159, employees of Local Authorities, Universities, Nationalised Banks, Life In-
surance Corporation, Government Undertakings, and other Government-Aided institutions, etc.
can be requisitioned for deployment on election duty.
19. Disciplinary Jurisdiction : The question of true purport and extent of disciplinary jurisdiction
of the Election Commission over the election machinery was raised before the Supreme Court in
Writ Petition (C) No. 606 of 1993 (Election Commission of India vs. Union of India and others).
The Supreme Court, by its order of 21st September, 2000, disposed to the above writ petition in
terms of the 'Terms of Settlement' arrived at between the Commission and the Union
Government. The Terms of Settlement referred to above are reproduced here : 'That the
disciplinary functions of the Election Commission of India every officers, staff and police
deputed to perform election duties during election period shall extend to : (a) Suspending any
officer/official/police personnel for insubordination or dereliction of duty; (b) Substituting any
officer/official/police personnel by another such person, and returning the substituted individual
to the cadre to which he belongs, with appropriate report on his conduct; (c) Making
recommendation to the competent authority, for taking disciplinary action, for any act of
insubordination or dereliction of duty, while on election duty. Such recommendation shall be
promptly acted upon by the disciplinary authority, and action taken will be communicated to the
Election Commission, within a period of six months from the date of the Election Commission's
recommendations; and (d) The Union Government will advise the State Governments that they
too should follow the above principles and decisions, since a large number of election officials
are under their administrative control."
20. Compulsory Identification of Voters : In the General Election for the Haryana Legislative
Assembly held in February 2000, the Commission took a historic decision for compulsory
identification of voters with reference to some documentary evidence and directed that voters
should produce their electoral photo identity cards (EPIC) at the polling station. This step was
taken to prevent impersonation/bogus voting, and to ensure that only genuine voters vote at an
election. At the same time, in order to ensure that no genuine voter
• -I. - _!„„+„„„! ^u i« rlfinrived of his right to vote, the692______________________INDIAN
GOVERNMENT AND POLITICS___________________,
Commission prescribed appropriate alternative documents for identification of genuine voters
who could not produce their EPICs for any valid reason. The step was widely welcomed in the
State for ensuring cleaner elections.
The Commission has since continued to pursue its decision on compulsory j identification of
voters in subsequent elections across the country. In the State of Jammu and Kashmir also, the
procedure of compulsory identification of electors was enforced.
21. Registration of Political Parties : Section 29A of the People Act, 1951 provides for
registration of political parties by the Election Commission. A party registered with the Election
Commission may be granted recognition as a National or State Party on the fulfilment of certain
criteria based on its poll performance. A political party is recognised as a State Party, if, and only
if, either the candidates set up by it, in the last General Election to the House of the People, or to
the Legislative Assembly of the State concerned, have secured not Jess than six per cent of the
total vaJid votes polJs in that State in that General Election; and in addition, it has returned at
least two members to the Legislative Assembly of the State at the last General Election to that
Assembly; Or it wins at least three per cent of the totaJ number of seats in the Legislative
Assembly of the State, (any fraction exceeding one-half being counted as one, Or at least three
seats in the Assembly, whichever is more, at the aforesaid General Election.
A politicaJ party is recognised as a National Party when either the candidates set up by it, in any
four or more States, at the last General Election to the House of the People, or to the Legislative
Assembly of the State concerned, have secured not less than six per cent of the total valid votes
polled in their respective States at that General Election; and in addition, it has returned at least
four members to the House of the People at the aforesaid last General Election from any State or
States; Or its candidates have been elected to the House of the PeopJe, at the Jast General
Election to that house, from at least two per cent of the total number of Parliamentary
Constituencies in India, any fraction exceeding one-half being counted as one; and the said
candidates have been elected to that House from not less than three States.
An exclusive symbol is reserved for a National Party throughout India. In the case of a State
Party, a symbol is reserved for it in the State or States in which it is so recognised. Such reserved
symbols are allotted only to the candidates of the parties for which they are so reserved. At the
time of 1999 General Elections, there were six National Parties and 48 State parties, recognised
by the Commission.
22. Model Code of Conduct : An agreement was reached between the Ejection Commission and
the Union of India regarding enforcement of Model Code of Conduct on the following issues : (a)
That the Model Code of Conduct may come into force from the date of announcement of election
and not from the date of notification thereof; (b) That the announcement of elections would be
made ordinarily not more than three weeks prior to the date of notification.
Electoral Reforms ; Suggestions
To streamline the system we want radical reforms in the entire electoral system. Electoral reforms
and other measures have become imperative to overcome the threat to democracy and carry
democratic process forward. To imporve the drawbacks and loopholes in the electoral system we
propose these reforms :

ELECTORAL REFORMS IN INDIA

693
1. Reorganisation of Election Commission
To start with let us consider the appointment of the Chief Election Commissioner which as per
the present procedure cannot be considered to be totally free from political bias as the
appointment is made on the advice of the leader of the ruling party (Prime Minister) in the House.
Considering the various suggestions regarding the appointment of Chief Election Commissioner,
the following mechanism would seem to be a good compromise and a practical proposition.
The appointment of the Chief Election Commissioner can be made through a Committee
consisting of the Chief Justice of India, the leaders of the ruling party and main opposition party
in Parliament. The Committee can make a panel of few eminent persons, each one of them
selected unanimously, and forward it to the President for final selection. In this way the
overwhelming say that the ruling party has in the appointment of the Chief Election
Commissioner can be neutralised. Further, it should be made mandatory that the Chief Election
Commissioner on completion of his term will not be eligible for consideration for any office of
profit. However, a retiring Chief Election Commissioner may be provided an adequate
compensation package. The other members of the Election Commission should be appointed by
the same Committee as is proposed for the selection of the Chief Election Commissioner, but
with the Chief Election Commissioner as an ex-officio member. Retired Government officials
should not be allowed to occupy this office.
2. Independent Election Machinery
The Election Commission should have its own administrative machinery at the state level and its
powers should be considerably augmented. At present the Election Commission is completely at
the mercy of the Central and State governments. It cannot even maintain the electoral rolls up-to-
date without assistance from the state government. In these circumstances, the independence of
the election system would always be under constant threat from the vested interests dominating
the party in power which in fact controls the administration. Unless the commission is provided
with an independent cadre and enjoys the same degree of autonomy as the judiciary, its
impartiality will reamin theoretical concepts.
3. Simultaneous Elections
To curb the election expenditure it would help much if elections are simultaneously held for the
Lok Sabha, State Assemblies and also the local bodies (through constitutional amendments their
term can be easily made uniform). This would drastically reduce election expenditure of all kinds
and would incidentally promote development of a healthy party system at all levels of
administrative structure. The government deliberately separated the Lok Sabha elections from the
State Assembly elections in 1971-72 in order to make them expensive to the great disadvantage
of the opposition.
4. State Funding of Electoral Campaigns
In addition to the simultaneous holding of elections, some system of funding of electoral
campaigns is absolutely necessary. A simple procedure can be adopted : Candidates of a
recognised political party and independents, who have received more than, say 25 per cent of the
valid votes polled in a particular constituency in a previous election, would be entitled to receive
a fixed contribution in two instalments equal to three-fourth of the limit imposed by the Election
on the election expenditure. These limits should be revised on the 694
INDIAN GOVERNMENT AND POLITICS
eve of every General Election and it should be linked to a specialised cost of index series. The
amounts should be given directly to qualified candidates seeking re-election and not to the
parties. Bossism prevails in all parties, and, if the funds are distributed through the parties, blatant
discrimination would be practised. New candidates will, of course, not benefit by this
arrangement. They will have to prove their electoral worth before they can claim state assistance.
The qualification of a minimum of 25 per cent vote would reduce the number of claimants. Apart
from this, the recognised parties should be given grants for organisational work and for office
expenses. The accounts should be audited by a machinery set up by the Election Commission.
There should be limit on leaflets and posters issued and advertisements contributed by the
candidates and parties during the elections.
5. Election Time Table
In order to help reduce the heavy expenses incurred by the candidates in electioneering, the
scrutiny of nomination should be taken up on the day after the last date for making nominations,
the interval allowed after the scrutiny of nominations for the withdrawal of candidatures should
be reduced to 2 days and the minimum period prescribed for the election campaign shuld be
reduced to 10 days.
6. Disposal of Election Cases
Election petitions also take a long time to be disposed of. Although it is required by law that the
election petition should be disposed of within 6 months of its filing, yet seldom this is done. The
J.P. Committee while agreeing that the election petitions should be filed only in High Courts also
recommends that the cases should be so distributed among a large number of judges that they are
expeditiously disposed of (at least within the stipulated period of 6 months).
7. Introduction of Proportional Representation with List System
The present majority system should be replaced by a system of proportional representation. Of all
the systems of representation, proportional representation will be best suited to our conditions to
ensure that legislative bodies, i.e., the Lok Sabha and the State Assemblies—more correctly
reflect the popular support the different political parties enjoy in a state or in the country as a
whole. The legislative bodies will mirror the correlation of the political forces and trends. Seats
should be allotted in proportion to the valid polled votes of the different political parties.
Of the various forms of the proportional representation, the most democratic and feasible for our
conditions will be list system. The electorate votes for the party list as a whole.
According to Madhu Limaye, "In India where parties are far from democratic a list system based
on PR would be disastrous. ALok Sabha elected on this basis would not be representative of the
nation but of party bureaucracies and party bosses."3
8. Rotation of Reserved Seats
It is proposed rotation of reserved seats for Scheduled Castes and Scheduled Tribes.
9. Caretaker Government at the Centre and in the States
In the case of the Lok Sabha and Assembly elections, the Central government as well as the State
governments should function only as caretaker

ELECTORAL REFORMS IN INDIA

695
governments during a minimum period immediately preceding the election and it should include
some leaders of the opposition parties.4
10. Use of Radio and T.V.
Radio and Television should be allowed to be used by all political parties for election propaganda
on some considered formula. The votes secured by the political parties in earlier elections could
be a rational basis.
11. Election Expenditure
Expenses incurred by the candidate and the party should be taken into consideration while
accounting for election expenditure. Having regard to the present costs, proper limits on
expenditure should be fixed in consultation with the opposition parties. Expenditure incurred by
some voluntary organisations should also form part of the election expenses. All these expenses
must be required to be examined by chartered accountants and any false entries should be made
rigorously punishable.
Tarakunde Committee's (J.P. Committee) Recommendations
In August 1974, Jaya Prakash Narayan on behalf of the "Citizen's for Democracy" appointed a
Committee to study and report on a scheme for electoral reforms. The members of the Committee
were: V.M. Tarakunde, M.R. Masani, P.G. Mavalankar, A.G. Noorani, R.D. Desai and E.P.W.
Decosta. It is known as J.P. Committee or Tarakunde Committee. The Committee made the
following recommendations :
1. The Election Commission should be appointed by the President on the advice of a Committee
consisting of the PM, the leader of the opposition in the Lok Sabha and Chief Justice.
2. The Election Commission should be a three-member body.
3. The minimum age for voting should be 18 years.
4. The TV and Radio should be placed under the control of autonomous statutory corporation.
5. The Committee recommended the formation of Voter's Council in as many constituencies as
possible which can help in free and fair election.
Goswami Committee's Recommendations
In accordance with the Janata Dai's election commitment, the National Front Government
announced in the Lok Sabha on May 4, 1990, that a Bill for major electoral reforms, including a
time limit for bye-elections, increase in deposits from independents, a check on advertisements in
newspapers and strengthening of the Election Commission would be introduced in Parliament
soon. A special committee under the Chairmanship of Mr. Dinesh Goswami— the then Law
Minister, had been set up early in 1990 to study the problem in detail and suggest measures for
remedying the flaws in the system. The committee has made the following recommendations : 6
1. On booth-capturing, the committee felt that even after the 1988 amendment of the
Representation of the People's Act the evil persisted and recommended a series of legislative
measures to eradicate booth-capturing, rigging and intimidation.
The recommended steps include ordering of repoll or countermanding not only on the report of
the returning officer but even otherwise and giving the commission the power to appoint
investigation agencies, prosecuting agencies i -r— A-U^ ^restitution of special courts.
696
INDIAN GOVERNMENT AND POLITICS
2. The committee also called for amendment of the antidefection law to restrict disqualification
only to those cases whereon elected member voluntarily gives up his membership of the political
party, or when he votes or abstains from voting contrary to the party whips, directions only in
respect of motion of vote of confidence or a motion amounting to non-confidence of a money bill
or motion of vote of thanks to the President's address.
The power of deciding the legal aspect of disqualification should be taken away from the Speaker
or Chairman and entrusted to the President or Governor who will act according to the Election
Commission's recommendations. Nominated members of the House should also incur
disqualification if they joined any political party at any period of time.
3. There was difference of opinion on switching over from the present electoral system to
proportional representation or the list system. The Committee has, in this case, recommended
constitution of an experts committee by the Law Ministry in consultation with the Election
Commission.
4. A fresh delimitation on the basis of the 1981 census and a provision for rotation of seats
reserved for Scheduled Castes.
5. Photo identity should be made a multi-purpose card and a time-bound programme for covering
the entire country with the proposed scheme should be drawn up.
6. A person should not be allowed to contest election from more than two constituencies. Age
qualification for contesting elections to Legislative Assemblies and Lok Sabha should be reduced
to 21 years and Legislative Councils and Council of States to 25 years.
7. For discouraging non-serious candidates, the security deposit in their cases should be Rs.
5,000 for Lok Sabha elections and Rs. 2,500 for Assembly elections. This will be forfeited if they
fail to secure one-fourth of the votes instead of one-sixth as at present. The number of proposers
to a nomination paper filed by them should be ten, drawn from different Assembly segments.
8. The committee has said that there should be statutory backing for some of the important
provisions of the model code of conduct like use of official machinery and personnel, including
aircraft and vehicles, issue of advertisement matter at the cost of the exchequer, use of official
media for partisan coverage of political news, announcement or sanctioning of financial grants in
any form or making payments out of discretionary funds and laying of foundation stones for
projects.
9. It called for a ban on transfer of officials and staff connected with election work and giving the
commission's observers statutory powers.
10. The panel called for fixing of a six-month time limit for holding bye-elections.
11. Enabling the Army personnel and those in paramilitary forces and persons outside India in
diplomatic service to vote through proxy was also recommended by the committee.
12. The other recommendations include extensive restructuring of the election expenses account
to restore the position as it existed before 1974 and making unauthorised expenditure an offence.
13. Similarly, submission of false accounts and failure to keep an election account should also be
made offences. There should be a constant review of the ceiling by the Election
Commission.ELECTORAL REFORMS IN INDIA
697
14. There should be appointment of adequate number of ad hoc Judges to relieve regular judges
entrusted with the expeditious trial of election petitions.
15. The committee said punishment for offences should be made more strict. Banning plying of
mechanically propelled vehicles on polling day, going about armed with lethal weapons and fire
arms on polling day and the sale and distribution of liquor were also recommended.
16. It also said that a standing committee of Parliament should be constituted to go into all
matters from time to time as electoral reforms were a continuous process.
17. The committee said that it was satisfied that the electronic voting machine was "free from
any scope of manipulation of tamperability" and should be used in all future general and bye-
elections.
PROPOSALS FOR ELECTORAL REFORMS : RECOMMENDATIONS OF THE ELECTION
COMMISSION
1. Affidavits to be filed by Candidates on Criminal Antecedents, Assets, etc.
(a) In terms of section 33A of the Representation of the People Act, 1951, read with Rule 4A. of
Conduct of Election Rules, 1961, each candidate has to file an affidavit in Form 26 appended to
the conduct of Election Rules, 1961, giving information on the following :
(i) Cases, if any, in which the candidate has been accused of any offence punishable with
imprisonment for two years or more in a pending case in which charges have been framed by the
court.
(ii) Cases of conviction for an offence other than any of the offences mentioned in Section 8 of
the Representation of the People Act, 1951, and sentenced to imprisonment for one year or more.
In addition to the above affidavit, a candidate has to file another affidavit in the format prescribed
by the Commission vide its order dated 27.3.2003, in pursuance of the Hon'ble Supreme Court's
judgement dated 13.3.2003 in Civil Appeal No. 490 of 2002 (People Union for Civil Liberties &
Another us. Union of India). In this affidavit, the candidate has to give information relating to all
pending cases in which cognizance has been taken by a Court, his assets and liabilities, and
educational qualifications.
With the Supreme Court striking down section 33B of the Representation of the People Act,
1951, the directions of the Court in its order dated 13.3.2003, have become the law of the land in
terms of Article 141 of the Constitution and therefore, to facilitate the candidates in filling their
nomination papers, the Commission is of the view that there should be only one form of affidavit
containing all vital information as required under Section 33A of the Representation of the People
Act, 1951, and the directions of the Supreme Court referred to above. Such a measure will
certainly reduce the confusion that prevails about the two separate sets of affidavits now required
to be filed.
The Commission, therefore, recommends that Form 26 may be amended so as to include in it all
the items mentioned in the Format of affidavit prescribed by the Commission's order dated
27.3.2003. While doing this, it is also suggested that a further column may be added in the format
about the annual declared income of the candidate for tax purpose and his profession.
(b) It has been the experience in the past few elections that in some cases, the candidates leave
some of the columns blank, and there have been cases where the candidates are alleged to have
given grossly undervalued information, mainly about their assets. Section 125A provides for
punishment of698
INDIAN GOVERNMENT AND POLITICS
imprisonment for a term upto six months or with fine or with both, fw furnishing wrong
information or concealing any information in Form 26. The Commission is of the view that to
protect the right to information of the electors as per the spirit of the judgement dated 13.3.2003
of the Supreme Court referred to above, the punishment here should be made more stringent by
providing for imprisonment of a minimum term of two years and doing away with the alternative
clause for fine. Conviction for offences under Section 125A should further be made part of
Section 8(l)(i) of the Representation of People Act, 1951, dealing with disqualification or
conviction for certain offences. Such a provision will reduce instances of candidates wilfully
concealing information or furnishing wrong information.
2. Need to Increase the Security Deposit of Candidates
Under Section 34 of the Representation of the People Act, 1951, each candidate for election to the
House of the People is required to deposit an amount of Rs. 10,000 as security deposit. For State
Assembly elections and elections to the Council of States and Legislative Councils, the security
deposit is Rs. 5,000.
The amount of security deposit was last revised in 1996, raising the earlier amount of Rs. 500 for
Lok Sabha elections and Rs. 250 for Assembly elections to the current levels. The revision was
made primarily to discourage non-serious candidates from jumping to the electoral arena. There
were instances in the past where hundreds of candidates filed nominations from some
constituencies with the intention of upsetting the election process there. The revision in the
security deposit in 1996 had the desired result in the Lok Sabha elections in 1998 and 1999, as
there was a substantial decline in the number of candidates in these elections and in the assembly
elections during this period. The average number of candidates at the Lok Sabha elections of
1998 was nine.
At the recently held general election to the House of the People and Legislative Assemblies, the
number of contesting candidates showed an increasing trend again. A large number of such
candidates are non-serious candidates and they predictably end up polling negligible number of
votes. Too many candidates in the election fray puts unnecessary and avoidable stress on the
management of elections and increases expenditure on account of security, maintenance of law
and order, and requires extra number of balloting units of voting machines, etc. Prior to the recent
elections, the Commission had made a proposal for increasing the security deposit to Rs. 20,000
in the case of election to the House of the People and Rs. 10,000 for Legislative Assembly
election. For candidates belonging to Scheduled Castes and Scheduled Tribes, the deposit amount
would be half the respective amounts. However, there has been no response from the government
to this proposal.
The Commission is also of the view that aforesaid Section 34 should be suitably amended so as to
empower the Commission to prescribe the security deposit before every general election to the
House of the People. Resorting to amendment of the Act will not be feasible before every general
election.
3. Criminalisation of Politics
This is an issue being raised by the Commission from 1998 onwards. Disqualification for
criminal offences is provided for in Section 8 of the Representation of the People Act, 1951. As
per that Section, a person is disqualified from contesting election only on conviction by the Court
of Law. There have been several instances of persons charged with serious and heinous crimes
JikeELECTORAL REFORMS IN INDIA
699
murder, rape, dacoity, etc., contesting election, pending their trial, and even getting elected in a
large number of cases. This leads to a very undesirable and embarrassing situation of law-
breakers becoming law-makers and moving around under police protection.
The Commission had proposed that the law should be amended to provide that any person who is
accused of an offence punishable by imprisonment for five years or more should be disqualified
from contesting election even when trial is pending, provided charges have been framed against
him by the competent court. The Commission reiterates that such a step would go a long way in
cleansing the political establishment from the influence of criminal elements and protecting the
sanctity of the Legislative Houses. The counter view to this proposal is based on the doctrine that
a person is presumed to be innocent until he is proved guilty. The Commission is of the view that
keeping a person, who is accused of serious criminal charges and where the Court is prima facie
satisfied about his involvement in the crime and consequently framed charges, out of electoral
arena would be a reasonable restriction in greater public interests. There cannot be any grievance
on this. However, as a precaution against motivated cases by the ruling party, it may be provided
that only those cases which were filed prior to six months before an election alone would lead to
disqualification as proposed. It is also suggested that persons found guilty by a Commission of
Enquiry should also stand disqualified from contesting elections. [The provisions in the Jammu &
Kashmir Representation of the People Act are relevant in this regard]
In the midst of the recent general elections, the Patna High Court had passed an order that persons
behind bars cannot contest elections. On the basis of an application moved by the Election
Commission, this order was stayed by the Supreme Court with the observation that the High
Court could not have passed the order during the course of the election process. However, the
SLP (No. 9204-05/2004-ECI vs. Jan Chowkidar (Peoples Watch) & Ors.) is pending before the
Supreme Court for final disposal.
The Commission endorsees that the law should be amended as proposed
above.
4. Restriction of the Number of Seats from which one may Contest
As per the law as it stands at present [Sub-section (7) of Section 33 of the Representation of the
People Act, 1951], a person can contest a general election or a group of bye-elections or biennial
elections from a maximum of two constituencies.
There have been several cases where a person contests election from two constituencies, and wins
from both. In such a situation he vacates the seat in one of the two constituencies. The
consequence is that a bye-election would be required from one constituency involving avoidable
labour and expenditure on the conduct of that bye-election.
The Commission is of the view that the law should be amended to provide that a person cannot
contest from more than one constituency at a time.
The Commission will also add that in case the'legislature is of the view that the provision
facilitating contesting from two constituencies as existing at present is to be retained, then there
should be an express provision in the law requiring a person who contests and wins election from
two seats, resulting in a bye-election from one of the two constituencies, to deposit in the
government
amount of money being the expenditure for holding the700
INDIAN GOVERNMENT AND POLITICS
bye-election. The amount could be Rs. 5,00,000 for State Assembly and Council election and Rs.
10,00,000 for election to the House of the People.
Exit Polls and Opinion Polls
Various agencies conduct poll surveys prior to the poll on the likely voting pattern and publish
and disseminate the results of such surveys through different media. Similarly, on the date of poll,
actual result of the election is sought to be predicted on the basis of information collected from
the voters. Results of such surveys, called 'Exit Poll', are published and disseminated after the poll
is over. In the case of an election, where poll is taken on a single day, there cannot be any serious
objection in publishing the results of Exit Polls after the close of poll. However, in many general
elections, poll has to be staggered over different dates mainly for law and order and security
related reasons. In such cases, publishing the result of opinion poll on the earlier phases, will have
the potential to influence the voting pattern in the subsequent phases. Similar-i ly, the opinion
polls, which are conducted during the run-up to the poll, are alscj likely to influence the minds of
the electors. The Commission has been of the! view that there should be some restriction or
regulation on the publishing/dis-j semination of the results of opinion polls and exit polls. The
Commission had j issued some guidelines in this regard in 1998. This was challenged in
petitions! before Courts and subsequently on the observation of the Hon'ble Supreme i Court that
the Commission did not have the power to enforce the guidelines, j the same were withdrawn by
the Commission.
In the context of the recent general elections, the Commission had convened a meeting of
political parties on the 6th April, 2004, to discuss the issue of Opinion Polls and Exit Polls. The
meeting was attended by representatives of all the six national parties and eighteen out of the
fortyfive State parties, The unanimous view of all the participating members was that conducting
the Opinion Polls and publishing results thereof, should not be allowed from the day of issue of
statutory notification calling the election and till the completion of the poll. It was suggested that
in a multi-phased election where poll is taken on different dates, such prohibition in the
conducting and publishing the result of Opinion Polls should be for the entire period starting from
the date of notification of the first phase of election and until the completion of the poll in the last
phase. On the subject of Exit Polls, all the political parties were of the view that in a multi-phased
election, result of Exist Polls should not be allowed to be published until the completion of the
poll in the last phase.
After obtaining the views of the political parties, the Commission had, on the same day
(6.4.2004), recommended to the Law Ministry that there should be a specific provision in the
Representation of the People Act, 1951, prohibiting publishing and disseminating the result of
Exist Polls and Opinion Polls during the period mentioned in the above paragraph. The Law
Ministry obtained the opinion of the Attorney General of India, who opined that prohibiting the
publication of Opinion Polls and Exit Polls would be a breach of Article 19(1) of the Constitution
of India. He suggested that certain guidelines could be laid down to provide that while
disseminating results of poll surveys, the agency concerned should provide the public with
sufficient information regarding the name of political party/organization which commissioned the
survey, the identity of the organization 'conducting the survey and the methodology employed,
the sample chosen and the margin of error, etc., and that it is open to the Commission in exercise
of its plenary powers under Article 324 to issue directions requiring the media to comply with the
guidelines.ELECTORAL REFORMS IN INDIA
701
The Commission reiterates its view that there should be some restriction 3n publishing the results
of Opinion Polls and Exist Polls. Such a restriction would only be in the wider interests of free
and fair elections. Regarding the argument about the right to freedom of information sought to be
linked to the dissemination of results of Opinion and Exist Polls, it has to be noted that the past
experience shows that in many cases, the result of elections have been vastly different from the
results predicted on the basis of the exit polls. Thus, the information claimed to be disseminated
turned out to be disinformation in many cases. The Commission recommends that there should be
a restriction on publishing the results of such poll surveys for a specified period during the
election process. In many of the western democracies, there exist such restrictions for various
periods.
(A Writ Petition (Civil) No. 207 of 2004-Shri D. K. Thakur vs. Union of India & Others seeking
prohibition on Exist Polls I Opinion Polls is pending before the Hon'ble Supreme Court)
6. Prohibition of Surrogate Advertisements in Print Media
Under Section 127A(1) of the Representation of the Peoples Act, 1951, no person shall print or
publish, or cause to be printed or published, any election pamphlet or poster which does not bear
on its face the names and addresses of the printer and the publisher thereof. Subsection (3) of the
said section defines 'printing' as any process of multiplying copies of a document, other than
copying it by hand.
It has been observed that surrogate advertisements appear in print media, especially newspapers
for and against particular political parties and candidates during election period. As per Section
77(1) of the Representation of the People Act, 1951, expenditure involves in such advertisements
in connection with the election of any candidates has to be added to the account of election
expenses of the candidate, required to be maintained under that Section. Further, Section 171H of
IPC prohibits incurring of expenditure on, inter alia, advertisement, circular or publication, for
the purpose of promoting or procuring the election of a candidate, without authority from the
candidate. The surrogate advertisements defeat the purpose of the aforesaid provisions of law.
The Commission has continuously been making to regulate such advertisements by urging all
Newspaper establishments, to follow the requirements of Section 127A of the Representation of
the People Act, 1951, in the matter of advertisements related to elections. One Newspaper firm
has taken the stand that Sections 77 and 127A of the Representation of the People Act, 1951, or
Section 171H of IPC are not applicable to Newspapers.
The Commission is of the view that there should be clear provision to deal with cases of surrogate
advertisements in print media. For this purpose, Section 127A of the Representation of the People
Act, 1951 may be suitably amended, adding a new subsection (2A) to the effect that in the case of
any advertisements/election matter for or against any political party or candidate in print media,
during the election period, the name and address of the publisher should be given along with the
matter/advertisement. Sub-section (4) should also be suitably amended to include in its ambit the
new proposed sub-section.
7. Negative/Neutral Voting
The Commission has received proposals from a very large number of individuals and organisations that fhprp
sVinnlrl Vic a nrrarioinn ondV.1ii-.o- o im-i-rv*702
INDIAN GOVERNMENT AND POLITICS
In the voting using the conventional ballot paper and ballot boxes, an elector' can drop
the ballot paper without marking his vote against any of the can-f didates, if he chooses
so. However, in the voting using the Electronic Votin Machines, such a facility is not
available to the voter. Although, Rule 4901 the conduct of Election Rules, 1961 provides
that an elector may refuse to vo after he has been identified and necessary entires made in
the Register i Electors and the marked copy of the electoral roll, the secrecy of voting is
not1 protected here inasmuch, as the polling officials and the polling agents in the polling
station get to knqw about the decision of such a voter.
The Commission recommends that the law should be amended to specifically provide for
negative/neutral voting. For this purpose, Rules 22 and 49B of the Conduct of Election
Rules, 1961 may be suitably amended adding a proviso that in the ballot paper and the
particulars on the ballot unit, in the column relating to names of candidates, after the
entry relating to the last candidate, there shall be a column 'None of the above', to enable
a voter to reject all the candidates, if he chooses so. Such a proposal was earlier made by
the Commission in 2001 (vide letter dated 10.12.2001).
{Apetition by the People's Union for Civil Liberties seeking such a provision filed at the
time of the recent general elections is pending before the Hon'ble Supreme Court)
8. Appointment of Appellate Authority in Districts against Orders of Electoral Registra-
tion Officers
As per Section 24 of the Representation of the People Act, 1950, the Chief Electoral
Officer of the State is the appellate authority in relation to any order of the Electoral
Registration Officer under Section 22 or 23 of that Act. As approaching the Chief
Electoral Officer, whose office is in the state headquarters will be difficult and
inconvenient to the intending appellants in many cases, the Commission had
recommended in 1998 that Section 24 of the Representation of the People Act, 1950
should be amended to provide for an appeal against the order of the Electoral Registration
Officer to the District Election Officer in the district itself.
9. Compulsory Maintenance of Accounts by Political Parties and Audit Thereof by
Agencies Specified by the Election Commission
The Commission considers that the political parties have a responsibility to maintain
proper accounts of their income and expenditure and get them audited by agencies
specified by the Commission annually. While making this proposal in 1998, the
Commission had mentioned that there was strong need for transparency in the matter of
collection of funds by the political parties and also about the manner in which those funds
are expended by them. Although in an amendment made last year, vide the Election and
Other Related Laws (Amendment) Act, 2003, a provision has been made regarding
preparation of a report of contributions received by political parties in excess of Rs.
20,000/, this is not sufficient for ensuring transparency and accountability in the financial
management of political parties. Therefore, the political parties must be required to
publish their accounts (at least abridged version) annually for information and scrutiny of
the general public and all concerned, for which purpose the maintenance of such accounts
and their auditing to ensure their accuracy is a pre-requisite. The Commission reiterates
these proposals with the modification that the auditing may be done by any firm of
auditors approved by the Comptroller and Auditor General.
The audited accounts should be available for information of the public.

ELECTORAL REFORMS IN INDIA'

703
10. Government Sponsored Advertisements ;

(a) It has been seen that on the eve of election, the Central and various State Governments
embark on advertisement spree in the guise of providing information to the public. The
expenditure on such advertisements is obviously incurred from the public exchequer. It is
common knowledge that the advertisements are released with an eye on the elections, to influence
the electors. In the Model Code of Conduct for the Guidance of Political Parties and Candidates,
there is a clause [item Vll(iv)] which prohibits issue of advertisement at the cost of public
exchequer during election period, for the prospects of the party in power. The Model Code of
Conduct comes into operation only from the date on which the Commission announces an
election. The advertisements released prior to the announcement of elections, as is the practice
usually resorted to, cannot be prohibited under the Model Code.
Apart from the fact that public money is spent for partisan interests of the party in power in such
advertisements, this practice is also contrary to the spirit of free and fair election, as the party in
power gets an undue advantage over other parties and candidates. The Commission proposes that
where any general election is due on the expiration of the term of the House, advertisements of
achievements of the governments, either Central or State, in any manner, should be prohibited for
a period of six months prior to the date of expiry of the term of the House and in case of
premature dissolution, the date of dissolution of the House. Here, advertisement/dissemination of
information on poverty alleviation and health related schemes could be exempted from the
purview of such a ban.
(b) There is also the practice of putting up banners and hoardings in public places, depicting
achievements of governments. This should be banned, if possible. Otherwise, there should be
specific provisions that name or symbol of any political party or photograph of any of the leaders
of the party should not appear on such hoardings/banners.
11. Political Advertisements on Televsion and Cable Network
The issue of advertisements on television and cable networks, led to a lot of confusion during the
recent general election. The Cable Television Network (Regulation) Rules, 1994, prohibit
advertisements of political nature. This issue was raised before the Andhra Pradesh High Court,
which suspended the operation of Rule 7(3) of the Cable Television Network (Regulation) Rules,
1994, relating to prohibition of advertisements of political nature. The matter went to the
Supreme Court and the Apex Court, by its order dated 13.4.2004, modified the High Court's order
and directed the Commission to monitor the advertisements on television and cable networks
during the recent general elections. For future elections, the issue needs to be settled. The
Government may consider amending the relevant provisions of the Cable Television Net-
work (Regulation) Rules. 1994 to provide for suitable advertisement code and monitoring
mechanism.
12. Composition of Election Commission and Constitutional Protection of all Members of the
Commission and Independent Secrtariat for the Commission
Election Commission of India is an independent constitutional body created by the Constitution
of India vide Article 324. Clause (1) of Article 324
direction and control of the preparation ofINDIAN GOVERNMENT AND POLITICS
_........,_,.j nnu rULII 10b
Legislature of every state and of election to the offices of President and Vice-President of India in
Election Commission.
Under Clause (2) of Article 324, the Election Commission shall consist of the Chief Election
Commissioner and such number of other Election Commissioners, if any, as the President may
from to time fix and the appointment of the Chief Election Commissioner and Election
Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be
made by the President. '■
The President has, by Order dated 1.10.1993 under Clause (2) of Article 324, fixed the number of
Election Commissioners as two until further orders. Although the Constitution permits the
President to fix the number of Election Commissioners at any number without any limit, it is felt
that in the interest of smooth and effective functioning of the Election Commission, the number
of Election Commissioners should not be unduly large and should remain as two as presently
fixed, in addition of the Chief Election Commissioner. The three-member body is very effective
in dealing with the complex situations that arise in the course of superintending, directing and
controlling the electoral process, and allows for quick responses of development in the field i
that arise from time to time and require immediate solution. Increasing the ; size of this body
beyond the existing three-member body would, in the considered opinion of the Commission,
hamper the expeditious manner in which it has necessarily to act for conducting the elections
peacefully and in a free and fair manner.
In order to ensure the independence of the Election Commission and to keep it insulated from
external pulls and pressures, Clause (5) of Article 324 of the Constitution, inter alia, provides that
the Chief Election Commissioner shall not be removed from his office except in like manner and
on like grounds as a Judge of the Supreme Court. However, that Clause (5) of Article 324 does
not provide similar protection to the Election Commissioners and it merely says that they cannot
be removed from office except on the recommendation of the Chief Election Commissioner. The
provision, in the opinion of the Election Commission, is inadequate and requires an amendment
to provide the very same protection and safeguard in the matter of removability of Election Com-
missioners from office as is available to the Chief Election Commissioner.
The independence of the Election Commission upon which the Constitution makers laid so much
stress in the Constitution be further strengthened if the Secretariat of the Election Commission
consisting of officers and staff at various levels is also insulated from the interference of the
Executive in the matter of their appointments, promotions, etc., and all such functions are
exclusively vested in the Election Commission on the lines of the Secretariats of the Lok Sabha,
and Rajya Sabha, Registries of the Supreme Court and High Courts, etc. Independent Secretariat
is vital to the functioning of the Election Commission as an independent constitutional authority.
In fact, the provision of independent Secretariat to the Election Commission has already been
accepted in principle by the Goswami Committee on Electoral Reforms and the Government had,
in the Constitution (Seventieth Amendment) Bill, 1990, made a provision also to that effect. That
Bill was, however, withdrawn in 1993 as the Government proposed to bring in a more
comprehensive Bill.

ELECTORAL REFORMS IN INDIA

705
13. Expenses of Election Commission to be Treated as 'charged'
The Commission had sent a proposal that the expenditure of the Commission should be charged
on the Consolidated fund of India. The Government had moved in the 10th Lok Sabha "The
Election Commission (Charging of Expenses on the Consolidated Fund of India) Bill, 1994" with
the objective of providing for the salaries, allowances and pension payable to the Chief Election
Commissioner and other Election Commissioners and the administrative expenses including
salaries, allowances and pension of the staff of the Election Commission to be expenditure
charged upon the Consolidated Fund of India. Similar provisions already exist in respect of the
Supreme Court, Comptroller & Auditor General and the Union Public Service Commission,
which are, like the Election Commission, independent constitutional bodies. To secure its
independent functioning the Commission is of the opinion that the Bill, which lapsed with the
dissolution of the 10th Lok Sabha in 1996, needs reconsideration.
14. Ban on Transfers of Election Officers on the Eve of Elections
The Commission had recommended in 1998 that Section 12CC of the Representation of the
People Act, 1950, and Section 28Aof the Representation of the People Act, 1951 should be
amended to provide that no transfer shall be made, without the concurrence of the Commission,
of any officer referred to therein, as soon as a general election/bye-election becomes due in any
Parliamentary or Assembly Constituencies. Such transfers, often made on grounds other than
administrative exigencies, disrupt the arrangements then underway for conducting smooth and
peaceful elections. The Commission reiterates these recommendations. It is suggested that in the
case of general election either to the House of the People or to State Legislative Assembly, the
ban may come into operation for the period of six months prior to the date of expiry of the term
of the House concerned and in case of premature dissolution, the date of dissolution of the House.
Report of the Panel on State Funding of Elections
The Committee on State Funding of Elections has recommended the creation of a separate
election fund with equal contributions from the Centre and the State Governments. To begin with
it has suggested the creation of a corpus, with contributions worth Rs. 1,200 crore, which would
be shared equally by the Centre and the State Governments.8
The eight-member high-powered committee, headed by former Home Minister Indrajit Gupta,
presented its report to Home Minister L.K. Advani on January 15, 1998. The BJP-led
Government had constituted this committee following a decision on May 22 last at an all-party
meeting on electoral reforms.
Even as the report recommends the State funding of elections in kind as against any cash, it has
suggested that the funding be confined only to the political parties recognised as the national or
State parties by the Election Commission and to the candidates set up by such parties.
Significantly, the committee has recommended that the political parties should compulsorily
submit their annual accounts regularly to the Income-Tax authorities, showing all details of their
receipts and expenditure.
"No State funding should be provided to any party or its candidates if the party has failed to
submit its annual returns for the previous assessment year under the I-T Act", the report
recommends, while suggesting that donations received by the political parties over Rs. 10,000 to
be accepted through che-
'j-^ffc W greater transparency.706
INDIAN GOVERNMENT AND POLITICS
The committee has also recommended that the accounts of the politic parties be audited by
chartered accountants on their own that could be su jected to further verification by the I-T
authorities, if necessary.
Leaving the question of the existing ban on donations by companies an corporate bodies for
political purposes to "the collective wisdom of the Goven ment and Parliament", the report has
suggested a continuance of the ban o donations by the Government companies.
"The question whether election expenses of the political parties and othe bodies or associations
and individuals should be included or not in the account of election expenses of the candidates
may also be decided by the Govern ment/Parliament in their collective wisdom", the report
recommends.
As a first step towards State funding of the elections, the committee has suggested the grant of a
number of facilities, such as the allotment of rent-free accommodation in Delhi with a rent-free
telephone to the recognised national and State parties, sufficient free air time on Doordarshan and
AIR, including the provision for such benefits through other private channels, including Cable
Operators, specified quantity of petrol or diesel, paper for the printing of election literature,
postage stamps, five copies of the electoral rolls for each constituency besides refreshments and
food packets for the counting agents.
Representation of Women in Parliament and State Legislatures
For the last several years, a demand has been made, for adequate representation of women in
Parliament and State Legislatures. The idea has generated a serious debate amongst the political
parties and in intellectual circles. Views differ on several aspects of the proposal, such as
percentage to be reserved; a further internal reservation for women belonging to Schedule Castes,
Scheduled Tribes and Backward Classes; the methodology and wisdom of allocation and rotation
of the constituencies, that may be reserved for women candidates, etc. On all these and other
issues, the matter seems to be embroiled in serious differences with no early solution in sight.
Therefore, it is proposed, that instead of following the reservation route, with the possibility of
further internal reservation within reservation, it may be more desirable to insist on all recognised
political parties, giving adequate space to women in the political process. This can be easily
achieved by a simple legal provision, which will require all recognized political parties, to set up
a specified percentage of women candidates in all state and parliamentary elections, that they take
part in. While the political parties will get the requisite flexibility to choose the constituencies and
the women candidates, that may be most appropriate in their judgement, women political
workers, will also have to quickly come forward, for effective work in the Indian political arena.
This proposal envisages, that the parties will so fix a percentage for women candidates, that the
accepted success rate in enough, to ensure a sizeable increase in the presence of women in
Parliament and State Assemblies. If this idea is taken up, the controversy of further internal
reservation also will become unnecessary. It will be open to political parties, to give as many
tickets as they please, out of the percentage fixed, to candidates from the less fortunate sections.
This type of mechanism of ensuring a minimum percentage of women candidates has apprently
worked well in Northern European Countries. The suggestion has the merit of not requiring
constitutional amendment, eliminating current controversies and going forward with a simple
amendment in the R. P. Act.9ELECTORAL REFORMS IN INDIA
707
Conclusions
According to Mr. T.N. Seshan, many things are wrong with the present election system where
"cash, criminality and corruption"have prevailed. Realising that the use of money power must be
effectively curbed if elections are to be really fair, the Election Commission decided on February
4, 1993 to appoint observers to note the amount of expenditure incurred by the candidate on their
poll campaigns. These observers are senior officers not below the rank of Joint Secretaries to the
Government of India, drawn from the cadres of Board of Direct and Indirect Taxes. They are
necessarily officers of proven integrity and impartiality with experience of unearthing circulation
of unaccounted financial resources, both in cash and kind. On February 2, the Commission barred
Union and State Ministers from undertaking an official visit to a constituency after the
announcement of an election and till its completion.
A comprehensive legislation on electoral reforms is unavoidable for the Government, the
reticence of all political parties notwithstanding with the growing confrontation between the
Election Commission and the State, the reforms in the electoral process cannot be wished away,
at best they can be delayed.
REFERENCES
1. Sher Singh, "Election and Electoral Reform" in S.L. Shakhdher (ed.) The Constitution and Parliament in India
(New Delhi, 1976), p. 639.
2. Madhu Limaye, Contemporary Indian Politics (New Delhi, 1988), p. 194.
3. Ibid., p. 200.
4. ,1. R. Siwach, Dynamics of Indian Government and Politics (New Delhi, 1985), p. 324.
5. J.K. Chopra, Politics of Election Reforms in India (New Delhi, 1989), pp. 157-223.
6. Indian Express, May 10, 1990.
7. Election Commission of India Proposals on Electoral Reforms (July, 2004), pp. 1-18.
8. The Hindustan Times (New Delhi), January 16, 1998, p. 12.
9. Election Commission of India, Agenda and Notes : Meeting with Recognised National and State Political Parties
(April 29, 2000), pp. 8-10. Chapter 52
ELECTIONS AND THE PROCESS OF
POLITICISATION
Elections are particularly conspicuous and revealing aspects of most COJ temporary political
systems. They highlight and dramatize a political systa bringing its nature into sharp relief and
providing insights into other aspeci of the system and the basic nature and actual functioning of
the system as whole. During an election, so to speak, a political system is on display, evei though
the features that are most obviously on display may be only a small par of the iceberg that lies
beneath. Elections are complex events involving in dividual and collective decisions which
directly affect, and are affected by, the total political and social process. They open up channels
between the polity and the society, between the elites and the masses, between the individual and
the government. They are major agencies of political socialization and political participation.
SIGNIFICANCE OF ELECTIONS
India's extensive experience with democratic elections, as D.L. Sheth has asserted, "cannot be
ignored while formulating any perspective of the Indian political system. Unlike the situation in
many—perhaps most—of the new states of the so-called developing world, elections in India
have been central. and not peripheral, to the system. They have been truly meaningful, and not
mainly ritualistic acts. They have undoubtedly been shaped and conditioned by the nature of the
political and social system, and by general environmental factors; but they have also served as
links between the polity and the society, between the 'traditional' and the more 'modern' aspects of
Indian life and behaviour, between the individual citizen and the government, and they have had a
considerable effect on the political behaviour of the Indian people on the nature of the emerging
mass politics, and indeed upon the nature and evolution of the entire political system. In other
words, they may be variously considered as dependent, intervening and independent variables.
Much more attention has been given to elections as dependent variables in the Indian political
system, but their important functions as intervening and independent variables should not be
overlooked. This shift in balance or approach is particularly important to note in analysing the
place of elections in the Indian political system, and the contribution of elections to Indian
political development, Imtiaz Ahmed has referred to 'the immense transformational impact of our
electoral system'.1 Other careful students have referred to elections in India as 'creative processes'
and as 'integrative process'." Elections have become 'a part and parcel of the Indian political life.
Elections are now taken for granted'.3 In a detailed 'ecological electoral investigation' a British
and an Indian scholar made these observations concerning the broader significance of India's
election story :ELECTIONS AND THE PROCESS OF POLITICISATION
709
Elections in India provide the occasion for the widest degree of popular participation; they
constitute the most important single arena for genuine competition between political groups; they
are principal agency through which recruitment to a significant part of the political elite is
affected; and the skills and resources which they especially call forth figure prominently in
political life in general. Elections in India can now be seen not merely as useful indicators but
actually as the events through which the party system and hence, in a measure, the political
system achieve their evolution.4
As in every other country where elections are an integral part of the political system, the electoral
process in India has many distinctive features, and is carried on within a distinctive social and
political environment, India rightly boasts of having successfully held 'the world's largest
democratic elections' including twelve nationwide general elections and six 'delinked' state
Assembly elections. This experience provides a fascinating case study of the most impressive
efforts to graft the institutions of modern democracy into the politics of a mass society. Elections
in India, whether for local, state or national office, are massive spectacles or 'tamasha'. They serve
important social and entertainment functions and they also mobilize millions of people into the
political process. They bring politics within the sphere of the citizen, and the citizen into the
political arena, if only in a mildly participatory way. They serve educative functions for the voters
and integrative functions for the system. Periodically they throw the spotlight on parties,
candidates and political leaders.
The study of elections would seem to be a useful approach to the study of the Indian political
system and of India's political development. As long as the Indian political system survives in its
present form, elections will continue to be among its essential characteristics. If they cease to be
central to the system, then the system itself will be threatened and probably will not long endure.
Inspite of many pressures and difficulties, the Indian political system is functioning impressively
and seems to be developing stronger roots. Within this system the electoral process seems to have
functioned with increasing effectiveness and acceptance, and the Indian voter seems to be
developing a surprising degree of maturity and sophistication. Or, to put it more accurately, India
seems to be developing a 'responsible electorate'.
Elections are generally thought of as integral features of most modern political system, and they
are usually linked with political parties and other non-ascriptive organizations and processes. In
India, they are both 'modern' and 'modernizing' agencies, but also serve as links between 'modern'
and 'traditional' sectors of Indian life and they are profoundly influenced by, as well as exert a
profound influence upon, the nature of the Indian political culture. The Indian experience has
proved that they can function in essentially 'traditional' social system, with an overwhelmingly
illiterate population, and still serve the modern political goals of integration, nation building and
development. In the process the social order becomes more closely identified with the political
system, and the political system develops a broader social base.
On the whole one might say that elections are essentially "modern political institutions and have
had a 'modernizing' impact on Indian political behaviour; but it would be almost equally true to
add that far from contributing to the increasing 'modernization' of Indian politics on a steadily
accelerating scale, elections show some signs of becoming more 'traditionalized' in the Indian
setting". The trend has been particularly manifested in the changing character r.f Truism nolitical
leadership. On the whole, this leadership is changing710
INDIAN GOVERNMENT AND POLITICS
significantly with a declining role and influence of the westernized, educat urbanized, high caste
modern elite that spearheaded the Indian independei movement and that provided most of the top
leadership to India in the first t decades of its independence, and an increasing role and influence
of a mid caste, less educated, less westernized, more rural and locally based eli Elections have
been a major instrument for the recruitment and emergence this new elite. Thus they have served
as a vehicle for bringing a more traditioi elite into a more central role in the political system,
increasingly at all leve
ELECTIONS AND THE PROCESS OF POLITICISATION
Viewed from any aspect, political, social or psephological, elections in Ind whether at the
national or state levels, have invariably been fascinating sto and increased the process of
politicisation. Politically, these have contribut immensely to national cohesion and the growth of
democratic temper. Social these have been the great equaliser, offering identical opportunities for
exerci ing choice to the entire electorate; poor or rich, rural or urban, educated illiterate, skilled or
unskilled, male or female. Psephologically, their outcon has mirrored the complexities of the
world's largest democracy and helped provide the most reliable insight into the voting behaviour
of the populatic and the factors which influence its choice. Administratively, these have pose
formidable challenges in sheer organisation and logistics which no othi democracy in the world
has to contend with. And, above all, news-wise, thei is possibly no other single event relating to
India which offers greater interes excitement and thrill.
Independent India is only 57 years old. But among all the countries new! liberated from the
colonial yoke, India alone has earned the singular distinctio of not only being the world's largest,
functioning, effective democracy but als of setting an example by conducting as many as thirteen
free and fair election at the national, and some 250, at the state level. Indeed, if one takes into
accoun the numerous bye-elections, it can be said that there is hardly a stretch of fou to six
months in a year during which an election is not being held in some part of the country or the
other. Experience garnered at successive elections ha honed the election machinery to such a state
of refinement that the Electioi Commission of India claims to be ever-ready to conduct a general
election a any given time.
More importantly, elections have become a way of life and an exercise o faith for the Indian
masses. Successive elections have both enhanced anc deepened the people's commitment to
democracy. They have also made the Indian voter fully conscious of the value of his vote and the
power of the ballot as the most potent instrument of change. Compared to the simple voter of
1952 when the first general elections were held, the voter of 1999, who has witnessed the
thirteenth, is far more discerning, sophisticated alert and politically aware. He knows his mind,
and he is mindful of his own and the country's interests.
The fundamental outcome of India's elections has been a process of power shift. For more than
two decades in post-independence India, there was almost a one-party rule. India's grand old
party, the monolithic Congress, did not let in enough sunlight for the small regional organisations
to grow and assert themselves. Every social and communal group could find a place in its
shadow. The age of single-party domination—which meant deceptive stability and stagnation of
power—was not the golden age for the economy : from the 1950s to the 1970s, the average GDP
growth rate was less than 4 per cent.
The 1980s saw a social churning, spreading from the Hindi belt to the deep south. The growth
and assertion of regional parties meant power shifting fromELECTIONS AND THE PROCESS OF
POUTICISATION
711
the Centre to the provinces—and it for ever changed the political destiny of India. The Congress
century was coming to a close and the so-called Indian diversity began to speak its political mind.
A few more states were created. The average growth rate of this period was 5.8 per cent. The
lesson : devolution of power works better for the economy.
The past decade was a total vindication of it : the growth rate was above 6 per cent (during 1996-
97 it almost reached a record 8 per cent).The coalition raj had already come to stay. Along with
the power shift, there was a shift in political culture as well, most effectively shown by Atal
Bihari Vajpayee's coalition dharma. The BJP-led NDA is a successful experiment in bringing
together regional aspirations and ideological diversity as a working—rather superbly working—
coalition with a common programme in governance.
Some of the underlying themes of the process of politicisation are as following :
Democratisation of polity : The democratisation of polity through regular elections was high on
the agenda of the Constituent Assembly set up immediately after India's Independence in 1947.
Given the fact that India had meagre experience of elections during the British rule, given the fact
also that a majority of its populace was illiterate and probably could not fathoon the intricacies of
voting, the question arose as to whether the electoral system should be based on adult franchise or
on proportional representation as was in vogue in some of the countries whose constitutions were
being avidly studied by the Founding Fathers. Adult franchise would overnight boost the strength
of a manageable electorate of 35 million to a formidable and perhaps unmanageable 170 to 180
million. Eventually, the Constituent Assembly plumped for adult franchise as an act of faith.
Experience has vindicated that faith.
Participation of women : A remarkable feature of Indian elections is the participation in them of
women. There are still nations in Asia, Africa and Latin America where women are yet to be
emancipated enough to enable them to vote. The Indian woman has been more fortunate. This
apart, the zeal for voting among women has been as strong as among men, and in a large number
of constituencies, even stronger, judging from the turn out. Women voter turn out increased from
38.8 per cent in the fifties to 57.86 per cent in 1998, whereas the increase in the turn out of men
TABLE 1 : REPRESENTATION OF WOMEN in the same period was only under
MEMBERS
three per cent (From First to Fourteenth Lok Sabha)
It is not only in the participation in the voting process that the commitment of India's
women to democracy is reflected, but also in the mounting enthusiasm and interest
among women to secure representation in the country's legislatures. Partly, this rising
fervour is due to the benefits of education reaching the interior areas of rural India.
Partly, it is due to the strengthened sense of self-confidence among women in their
capacity to contribute on par with men to nation building. The number of women
contestants has progres-
Lok Sabha Total No. No. of Percentage
ofSetas Women of the total
Members
First 499 22 4.4
Second 500 27 5.4
Third 503 34 6.7
Fourth 523 31 5.9
Fifth 521 22 4.2
Sixth 544 19 3.4
Seventh 544 28 5.1
Eighth 544 44 8.1
Ninth 517 27 5.22
Tenth 544 39 7.18
Eleventh 544 40 7.18
Twelth 543 43 7.20
Thirteenth 543 49 9.02
Fourteenth 543 45 8.3
712
INDMN GOVERNMENT AND POLITICS
sively risen election after election. The figure which remained under 50 in the j first two general
elections rose to 65 in the third, and to 355 in the Fourteenth, j
The representation of women in the successive Lok Sabha has remained between 19—49
members. The 13th Lok Sabha had a maximum of 49 members representing 9.02% of the total
strength of the lower house.
While this is no doubt gratifying, the number of women contestants has unfortunately not
corresponded to the large female population in India ai: there surely is the need and scope for a
larger number to enter the fray. At the same time, it is sad but true that most political parties have
not shown the necessary fair-mindedness in giving adequate number of 'tickets' to women
candidates, though all of them subscribe to the healthy principle of reserving 33 per cent of
representation in all democratic institutions for women.
Representation to weaker sections : From the very beginning, a constitutional provision has
existed in India for allocation of seats proportionate to their population to some specific weaker
sections of society, namely, the scheduled castes and the scheduled tribes. While it is possible for
a SC or ST candidate to contest from a 'general' seat, only candidates representing those sections
can contest from the 'reserved' constituencies. Of the total 543 elective seats in the Lok Sabha,
423 are in the 'general' category, while 79 seats are reserved for the scheduled castes and 41 for
the scheduled tribes. Thus constitutional provision for the weaker sections is yet another unique
feature of Indian elections.
The gradual rise of the backward castes in Parliament from 13 per cent in 1971 to 23.3 per cent in
1996—is continuing and, interestingly, this class of parliamentarians is not restricted only of the
social reform parties like the Janata Dal, the SP and the BSP. Even the BJP this time has bagged
41 of the scheduled caste and scheduled tribe seats, almost doubling its strength since the 1991
elections, when it had 22 SC and ST MPs. In 1999 Lok Sabha elections the BJP won 48 cases in
reserved constituencies, in all 40 percent of the total 120 seats.
Mobilization of passive socio-economic groups : Electoral competition has mobilized many
formerly passive socio-economic groups and brought them into the political arena. On balance,
this is a desirable outcome in a democracy. But give the state's limited capacities for
redistribution of wealth and intensity with which electoral support has been courted. These
mobilized and dissatisfied groups have further contributed to the growing political turmoil. A
major example of this phenomenon is the growing caste conflict between the 'backward' and the
'forward' castes. Leaders in state after state have utilized 'reservations' as a means to gain the
electoral support of numerically significant backward castes. Higher castes, feeling that their
interests are threatened, have resisted these moves. Once set in motion, however, those who have
been mobilized have been difficult to satisfy or control. Conflict has often been the result. 5
Populism and personalization of political power : One important method for preserving power
has been populism : to establish direct contact between the leader and the masses and to
undermine those impersonal rules and institutions designed to facilitate orderly challenges.
Making direct promises that will affect as large a segment of the population as possible can
enable a leader to mobilize broad electoral support.
There was no such explanation for the positions taken by the partners of the present coalition
which made no secret of their exclusive reliance on populist considerations.
This process has undermined the possibility of establishing a system of impersonal authority
based on the procedural rationality of democracy. AsELECTIONS AND THE PROCESS OF
POLITICISATION
713
traditional sources of authority have declined and the development of rational, legal bases of
authority has been thwarted, personal rule has come to prevail. Personalization of power can, of
course, be either a cause or a consequence of weak institutional rule. What is clear in the case of
India over the last two decades is that, on balance, the nation's powerful leaders—especially
Indira Gandhi and Rajiv Gandhi, but also important regional leaders like M.G. Ramachandran
and N.T. Rama Rao have worked more to increase their personal power than to strengthen
governmental institutions.
Intensity of class conflict: Competing elites have sought to mobilize ethnic groups who share
language, religion or race. The groups vary : the Maharashtrians in Belgaum; the Sikhs in Punjab,
Hindus versus Muslims in various parts of the country; the Gurkhas in West Bengal. Leaders
manipulate primordial attachments so as to gain access to state. If they are accommodated, the
conflict often recedes. Accommodation, however, is not always possible. Moreover, those in
positions to make concessions sometimes have not made timely concessions, in order to protect
their own political interests. Such recalcitrance has only further encouraged the leaders of ethnic
and religious groups to use violence and agitations as means of accomplishing their political
goals.
Proliferation of political parties : Splits and/or mergers have become endemic in political parties
in India. This phenomenon has been more noticeable in the last two decades, and it has led to the
proliferation of parties 'registered' and 'recognised' by the Election Commission. The more the
splits, the larger the number of parties in the fray.
An indirect fall out of the phenomenon of splits and mergers and re-splits has been the erosion of
efforts towards the evolution of a two-party system in India. As per Election Commission's
Report in the 1999 election to Lok Sabha there were 1,299 candidates from 7 National Parties,
750 candidates from 40 state parties, 654 candidates from officially recognised parties and 1,945
Independent candidates. A total number of 37,16,69,282 people voted out of total electronic size
of 6,95,59,944. The Election Commission employed almost-40,00,000 people to run the election.
Conclusions
Every election is a turning point in the history of India. The very fact that as a people, Indians,
renew their faith in the power of the vote through successive peaceful and fair polls, is a
testimony of their entrenched belief in the efficacy of the democratic system. This is the reason
why notwithstanding the huge expenditure involved in the exercise, an expenditure which a poor
and developing country like India can ill afford, elections are regarded not as a luxury but an
essential component of democracy.
REFERENCES
1. Imtiaz Ahmed, et. al "Elections and Political Process : Studies in the Fifth Parliamentary Elections" (unpublished
paper, issued by the Centre for the Study of Political Development, Jawaharlal Nehru University).
2. Gopal Krishna, "One Party Dominance—Development and Trends," Perspectives, Supplement to Indian Journal of
Public Administration, January-March, 1966.
3. V.M. Sirsikar, "Electoral Process in Poona 1967 : A Study of Parties, Politics and Votes" (Unpublished Manuscript,
Poona : Department of Political Science, University of Poona, n.d.) p. 182.
4. W.H. Morris Jones and B. Das Gupta, "India's Political Areas : Interim Report on an Ecological Investigation",
Asian Survey, June 1969, p. 399.
5. Atul Kohli, Democracy and Discontent, Cambridge University Press, 1991, p. 18.
imp 11 Klpction nv-
Chapter 53
LOK SABHA ELECTIONS 1999
EMERGING POLITICAL TRENDS
The millennium's last and month long elections to the 543 members Lok Sabha were marked by
contrasting trends a hi-tech and low-level smear campaign, violence in some parts and peace in
most others.x Assembly elections in five States—Maharashtra, Karnataka, Andhra Pradesh,
Arunachal Pradesh and Sikkim—were also held simultaneously with the Lok Sabha polls. As
many as 4,647 candidates were in fray, but the main contenders for power were the 24-party
NDA led by the BJP, and the Congress which had a seat adjustment
with some anti-BJP parties. The BJP contested 340 Lok Sabha seats and the
Congress 452. Prime Minister A. B. Vajpayee was the main campaigner for'
NDA and Mrs. Sonia Gandhi for the Congress.
Background
The 1998 General Elections were over. Results were announced. The whole country watched the
spectacle of government formation with dismay, amusement and cynicism. The new government,
which has just emerged as a result of the fractured mandate, is inevitably like the stereotyped
saas-bahu game-both the BJP and its alliance partners going into the relationship with a horrible
feeling that it will not work at because each belongs to different planet.
The kinship between the Sangh Parivar and its allies was off to a bumpy start with Jayalalitha
quoting an absurd dowry (read Cavvery waters, Tamil language and DMK's head). But it was
settled when both sides found respectable escape routes. Mamta Banerjee of Trinamool Congress
bargained to a lesser degree but managed to get her pound of flesh, good enough to go into the
Panchayat Elections in her State in May 1998.
Faced with the compulsions of numbers and demands of realpolitic, the BJP-led government
finally dropped many issues close to the heart of the R.S.S. Judging from the National Agenda for
Government, a euphemism for the mutually common programme of the combine, to guide the
functioning of the, new government, the Prime Minister expressed his determination not to allow
any ideological baggage to block his path. There was no Ayodhya on the Prime Minister's
programme, nor Article 370. The Uniform Civil Code too was missing from the Agenda.
It became obvious from the United Front's experiment how difficult it was to run a coalition
government. But the BJP's leaders felt that it would be different this time, since "their's is a
dominant party." But things looked different from the prolonged, and, at times, fierce haggling
that transpired just before and after the government took over. Jayalalitha, with control over 27
MPs, was not only responsible for delaying the swearing in ceremony but ensured a radical
change in the government's agenda for nation's governance.LOK SABHA ELECTIONS 1999 : EMERGING
POLITICAL TRENDS
715
SLok jmear tions Idesh hany e the ment ithe rthe
rhole kuse-fsult be— rible
mpy 'amil [>ect-to a Hhe
, the .S.S. 'the fthe How rime sing
was 1 be )ked just (-27 but nee.
Without the AIADMK's cooperation the BJP-led government became a non-starter. Similarly, without the
support of Independents and other minor parties the Government could lose its "working majority". The
Trinamool Congress had also to be placated by a yet unspecified package for West Bengal.
In this way, the inherent fragility of the BJP-led Government ensured that its allies extracted a very
handsome pound of flesh.2 The AIADMK and its nominees acquired control over the sensitive ministries
such as law and company affairs, petroleum and surface transport, revenue and banking. Similarly, the Biju
Janata Dal gained control over steel, coal and mines and in short, everything that constituted the economic
life of Orissa. Buta Singh, an Independent, was accommodated as a Minister of Telecommunications, a
department that generated considerable notoriety under Sukh Ram. He was in no mood to resign after a
month in the wake of Supreme Court Judgement in the JMM Bribery Case. In fact, the strong inducements
offered to the allies were purported to make it virtually impossible for the allies to contemplate shifts in
allegiance. But, under the circumstances, there could also be the possibility of Congress-UF combination
making such inducements more attractive. Hence, such inducements had become inevitable.
The allocation of portfolios or power-sharing arrangement was yet another tough exercise for Vajpayee.
The difficulty arose when everybody started claiming the key portfolio. The TDP's reluctance to participate
in the government and AIADMK's oft-repeated demand for dismissal of DMK Government in Tamil Nadu
was put the government in a precarious.3
When most of the cases against Jayalalitha were said to be at a critical stage and her hopes of getting legal
remedy seemed slender, she kept the BJP-led government on edge not only with veiled threats of
withdrawing support but also embarrassed it by demanding the resignation of all char-gesheeted ministers
in the Central Government, including that of Home Minister L. K. Advani.
The Villain of the Fall
After attending a Co-ordination Committee meeting in March 1999 and fulminating over the
Bhagwat issue, Jayalalitha handed Vajpayee an unsigned charter of demands. Apart from more
cabinet berths, more portfolios and the inclusion of Swamy in the Government—eight months
ago she was pressed his case for appointment as Finance Minister—she demanded nominees of
her choice in as many as 25 bureaucratic posts.
On April 7, when it was clear that Jayalalitha's 18 MPs were lost to the Vajpayee Government, in
terms of numbers, the government appeared to have 259 MPs against 273 of the combined
opposition, a seemingly hopeless situation. Consequent upon the withdrawal of the support by
AIADMK. The press communique issued from the Rashtrapati Bhawan on April 14, 1999 inter-
alia advised the then Prime Minister to seek a vote of confidence in the Lok Sahba. Accordingly,
Shri A. B. Vajpayee moved a motion of confidence in the Lok Sabha in April 15, 1999 which was
discussed by the House on April 15, 16 and 17, 1999. The motion was put to vote of the House on
April 17 and was negatived (Ayes—269 and Noes—270). "With Orissa Chief Minister Giridhar
Gamang's vote and the BSP's no, Vajpayee was pipped at the post."4
Search for an Alternative
When Sonia emerged from Rashtrapati Bhawan on April 21, she walked purposefully to the
assembled media and announced she had the support of 272 MPs fnr a flnnprpss Government
with outside suorjort. She would oroduce the716
INDIAN GOVERNMENT AND POLITICS
necessary letters of support in another 48 hours. To the world, this was another member of the
'dynasty' confidently reasserting her claim to her inheritance. Two days later the myth was
shattered. On April 23, Sonia returned to tell the President that she had managed the support of
233 MPs and needed a little more time.J
Sonia had all along proceeded on the assumption that once the BJP fell, the "secular" parties
would have no option but to support a Congress Govern- , ment. The alternative was a mid-term
poll that no one wanted. Defying j conventional wisdom and resisting all pressures, Mulayam
Singh Yadav informed the President that his 20 MPs would not support a Congress Government.
On the night of April 23, well after Mulayam had indicated his veto of Sonia to the President, a
dinner was organised in Delhi's Oberoi Hotel. The agenda was the installation of the first marxist
Prime Minister, as demanded by Mulayam. Soina consulted 52 MPs and even held an informal
CWC meeting to debate the Basu option. Unfortunately for the CPI (M), the Congress was in no
mood to oblige.5
MANDATE 1999 : THE ELECT/ON MANIFESTOS Stability—The Common Factor
The election Manifestos issued by the various political parties for the General Elections 1999
were unique in more than one way.
Garibi Hatao was no longer the popular slogan. All political parties seemed to have realised the
futility of promising square meals for all. Nor was there any focus on affordable shelters, leave
aside housing for the millions without a roof over their heads. The emphasis was on stability. The
contenders seemed to be contended with continuing in the playfield for all time rather than
scoring goals.
The BJP this time was part of the National Democratic Alliance. There was no separate Manifesto
issued by the BJP although later it was realised that there should have been one. Repeatedly, on
different forums the BJP was grilled on its oft-repeated promises and issues—Ram Mandir,
Common Civil Code and the integration of the State Jammu and Kashmir. Everytime the answer
was that the BJP agenda was the same as the National Agenda of the NDA.
The composition of NDA was explained by Outlook in its August 16 issue in the following words
:
Composition of the National Democratic Alliance
Once upon a time, there was a BJP. The Shi1/ Sena, its only "natural ally". Then the Akali Dal
signed on—two "communal" forces being better than one. The socialists, Fernandes leading the
Samata Party and Hegde the Lok Shakti, walked into the parlour to fight their own demons
(Laloo and Deve Gowda) better. Likewise, the Mamta-led Trinamool Congress, the devil in her
case being the CPI (M). The alliance acquired the looks of a winner, so the Dravidian parties
decided to take turns; first the AIADMK was a partner and now the DMK has taken its place with
the MDMK, PMK and TRC in tow. The same is true of Haryana where Bansi Lai hopped on,
later replaced by Om Prakash Chautala's INLD. The smaller parties gravitated towards the party
in power— the Arunachal Congress and National Conference are prime examples—as did
independents and one-man parties. Come election '99 this flexifront called BJP plus allies was
rechristened the NDA. But the number of its constituents keepsLOK SABHA ELECTIONS 1999 :
EMERGING POLITICAL TRENDS
717
changing. Take Mamta, a "friend" of the NDA and in a poll tie-up with B JP, but her resignation
from the NDA still holds. The Telegu Desam, now in secret parleys with the BJP, supported
Vajpayee in Parliament and has occasionally sent representatives to NDA meets without being an
official constituent. Even if there is no agreement on seats, it is certain to bail out the BJP if
needed. The AGP, which supports the BJP, wasn't included mainly because it won no seats in the
'98 polls. Allies like the JBSP and Loktantrik Congress in UP, the Himachal Vikas Party and the
MGR, ADMK and MGR Kazhagam in Tamil Nadu as well as some of the smaller parties from
the North-east like the Manipur Congress may have to be inducted if they win seats and demand a
place. For a party that once revelled in its "splendid isolation", the BJP's come a long, long way.
The Congress Election Manifesto
The Congress highlighted 'stability and experience'. There were old repeated promises with the
hope that the electorate would continue to take those promises seriously even though those
promises were rarely redeemed when the Congress Party had been in power for over four
decades.
The Congress came down heavily on coalition governments. These were termed as opportunistic
and unprincipled.
The Press briefing after the formal release of the Manifesto was reported by The Times of India in
the following words :
Talking to the press after the release of the Manifesto, Ms. Sonia Gandhi left the issue of party's
prime ministerial candidate open. In fact, at the Manifesto release function, she gave the pride of
place to Manmohan Singh, giving the impression that he could be elected Prime Minister if the
Congress came to power.
Apparently to take the wind out of the BJP's campaign against her foreign origin, Ms. Gandhi
seems to be projecting Dr. Manmohan Singh, who has been made the party candidate from South
Delhi constituency even though he is a Rajya Sabha member. Deviating from past practice, no
working committee member was present with the Congress President on the dais, except Shivraj
Patil, chairman of the Manifesto committee, Pranab Mukherjee, chairman publicity committee
and Dr. Manmohan Singh.
Asked why the Congress was not projecting her as the prime ministerial candidate. Ms. Gandhi
said, "I have said it before and saying it again that after the elections, Congress Members of
Parliament will choose the prime ministerial candidate."
The Manifesto promised to promote secularism, create one crore new jobs annually, enact a new
reservation law to end ambiguities, strengthen panchayati raj institutions and double annual
expenditure on poverty alleviation and social development.
The coalition experiment, according to the Congress, was bereft of ideology, adding that such a
government was riddled with intra-party and inter-party differences. "The choice is between a
coalition that has failed miserably and a cohesive Congress alternative", it added.
If the election results are any indicators, the Congress over-estimated its capacity to come to
power on its own strength. State Assembly elections held nine months ago were treated as trailer.
Unluckily for the Congress, the trailer718
INDIAN GOVERNMENT AND POLITICS
The NDA Manifesto
Three days later the NDA came out with its Manifesto. It proposed a five year term as
fixed for all elected bodies along with a legislation to prevent foreign born Indians from
holding high offices.
There was the promise to set up the Lok Pal with adequate powers to bring even the
office of the Prime Minister under its purview.
There was also the proposal to replace the existing provision of no-confidence motion
with the German type system of 'constructive vote of no-confidence'.
The promise of a new law to ensure that "the high offices of State—legislative, executive
and judicial—are held only by natural(ly) born Indian citizen" seemed to be a direct
response to demands from within the BJP-led alliance to bar Congress President Sonia
Gandhi from becoming Prime Minister in future. The Manifesto promised electoral
reforms to check defections, corruption and criminalisation of politics and to prevent
electoral malpractices.
A National Judicial Commission would be set up to recommend judicial appointments in
the High Courts and the Supreme Court and to draw up a code of ethics for the judiciary.
If elected to office, the NDA will appoint a commission to review the Constitution "in the
light of the experiences and developments since 1996". Blaming the previous
governments for the "neglect" of the defence sector, the Manifesto proposed to correct
the "imbalance" and ensure adequate budgetary support to meet the needs of the forces.
"In today's unipolar world, it is of paramount importance that India constantly maintains
and strengthens the state of preparedness, morale and combat effectiveness of our armed
forces." It recommended the "establishment of a credible nuclear deterrence" as per the
advice of the National Security Council.
Addressing another long-pending issue, the NDA agreed to "take effective measures for
eliminating all pensionary anomalies" of the defence personnel. The necessary legislative
and administrative measures would be adopted to allow proxy voting by the armed
forces.
Taking note of the raging revolution in information technology across the globe, the
Manifesto vowed to make India a "software superpower" and promised a national
informatics policy with short, medium and long-term perspectives.
'The NDA commits itself to establishing a civilised, humane and just civil order which
does not discriminate on grounds of caste, religion, class, colour, race or sex.'
"We will truly and genuinely uphold and practise the concept of secularism consistent
with the tradition of sarva panth samadara (equal respect for all faiths) and on the basis
of equality of all."
'The interests of SCs, STs and backward classes could be adequately safeguarded through
appropriate legal, executive and societal efforts and through large-scale education and
empowerment.'
"We will provide legal protection to existing percentages of reservation in government
jobs and education institutions at the Centre and State levels.
"If required, the Constitution will be amended to maintain the system of reservation."
Stating that the NDA was committed to extending the SC/STLOK SABHA ELECTIONS 1999 :
EMERGING POLITICAL TRENDS
719
reservations for another ten years, the Manifesto said that the necessary legislative measures
would be taken to sanctify reservation percentages above 50 per cent, as followed by certain
states.
Nationalist Congress Party (NCP)
The issue of Sonia's foreign origin had led to a split in the Congress Party. The group led by
Sharad Pawar was not reconciled to the idea of her being the Prime Minister over riding the
claims of senior party leaders like Pawar himself. P.A. Sangama had joined hands on the issue
and the split group formed the Nationalist Congress Party.
The base of the newly formed party was limited to Maharashtra where Pawar had a certain degree
of clout, specially with the sugar lobby.
Pawar was keen to maintain its distance from both the parent body, the Congress and the BJP
which it termed as 'communal' in no uncertain terms.
The party released its Manifesto simultaneously in New Delhi and Mumbai.
Citing Babasaheb Ambedkar as the constitutional authority, the NCP promised that it would take
appropriate legal measures to bar persons of foreign origin from accessing top posts of the land.
There were two points similar to the BJP Manifesto released earlier. The NCP also promised
constitutional amendment to provide a fixed term for the Lok Sahba in order to bring about
political stability in the country.
If the BJP advocated the German model, the NCP has said that the country could opt for the
Scandinavian model where the Parliament has to first elect the Prime Minister who will secure
majority of the House and then take oath of office. The Prime Minister shall not be removed from
office unless an alternative Prime Minister is elected first.
The Manifesto also suggested electoral reforms based on the recommendations of the Law
Commission, especially to secure probity and standards in public life. It also promised
transformation of administration into "a neutral, transparent and accountable entity".
,
Among the other assurances, the NCP promised a separate ministry for the development of the
minorities and said that the Minorities Commission will be given constitutional status. The party
also assured creation of an exclusive and full-fledged ministry for women's development.
The party took pains to explain why its leaders broke away from the Congress. "Never before in
the history of any political party in the country, may be in the world, has any leader with no
experience, no track record of public service, having so little understanding of complex national
problems, was recipient of such cooperation, support and institutional loyalty, as Ms. Gandhi has
been."
However, the NCP lamented that Ms. Gandhi "concentrated all powers in her hands, stifling
internal debate in the Congress Working Committee, especially when it came to her own role.
Her approach to politics and her style of wielding political authority came as a rude shock."
The NCP particularly blamed Ms. Gandhi for failing to tackle serious issues and taking crucial
decisions. It cited as example the manner in which the Vajyapee Government was brought down,
the way the 12th Lok Sabha came to be dissolved and the country "pushed into yet another costly
general elections". The NCP was critical of the BJP as well, accusing it of "communalism and
bigotry" and terming the record of the Vajpayee Government as "dismal".
usZ^f t
State SC/Ba
defender tf SCm T" - S Mantfesto. *ward inte
eus. The
the form
er
WLOK SABHA ELECTIONS 1999 : EMERGING POLITICAL TRENDS
721
A system of insurance of crops and cattle and against natural calamities would be worked out. A
scheme to provide compensation for farmers would be worked out and fertiliser subsidy
continued and the party would establish a Rs. 500 crore agriculture price stabilisation fund. The
party would take a balanced approach towards globalisation process keeping Indian interests in
mind, the Manifesto stated.
Incidentally, Deve Gowda lost the election. So much for the credibility of his promises to the
voters.
The BJP
The BJP, the leading constituent of the NDA had not issued a separate Manifesto. At every
forum, its leaders proclaimed that their agenda was the same as that of the NDA.
However on August 30, the BJP dished out its own Manifesto. It decried the Janata Dal for its
infighting (in Karnataka) and indifference to development of the State.
The BJP Manifesto was targetted basically for the Karnataka voters.
The Hindustan Times made the following observations in this respect :
The Manifesto, while targetting former Prime Minister H. D. Deve Gowda for his alleged
interference in the governance of the State, was forced into complete silence on the rule of Chief
Minister J. H. Patel.
In fact, the BJP faced embarrassing moments from its own cadres to queries over its relationship
with Patel's faction of the Janata Dal. The problem was more acute as the BJP in the last five
years, until a few weeks back when Patel joined hands with it, was preparing to go all out against
the Patel Government.
According to BJP sources who prepared its Manifesto, the release was delayed as the critical
references to Patel had to be deleted. At the same time, the Deve Gowda faction needed to be
criticised.
The result : a mere paragraph on the alleged faults of Deve Gowda.
Besides this, the BJP in its Manifesto promised to improve the infrastructure of the State
including power, roads and irrigation for agriculture.
ELECTIONS 1999 : ELECTORAL PERFORMANCE OF POLITICAL PARTIES
After four consecutive uncertain verdicts and excruciatingly long election campaign that left a
bitter aftertaste, the 13th general election yielded a conclusive outcome.
A fractured mandate again, even if the NDA led by the BJP has mustered enough support to form
a government. No single party has got a majority, either in terms of votes or seats. While the BJP
has just about maintained its earlier strength, the Congress has further declined. The CPI-M has
barely held on to its seat share of the last election. Only the regional parties have managed to
improve their position, whatever may be the reasons. The TDP in Andhra Pradesh, DMK in
Tamil Nadu, Samajwadi Party and Bahujan Samaj Party in Uttar Pradesh and Biju Janata Dal in
Orissa, which jointly account for more than 100 seats, are the prominent among them.
The opinion voiced lay some during the election analysis that this election reflects a polarisation
of political force and India is moving towards a bipolar system is far from the truth. In fact the
two main parties, the BJP and the Congress, together account only for about 300 seats. The rest,
almost 250 seats,
Darties.722
INDIAN GOVERNMENT AND POLITICS
The 1999 elections had no major surprise. The BJP-led coalition was expected to win, and it has
won a secure majority of some 40 seats. How did the BJP rise from 2 seats in 1984 to almost 182
[with 23.07% of votes] in 1999?
The biggest single factor in the rise of the BJP is the public appreciation of the fact that it is a
party with a difference—a party with a philosophy of its own, a party which sincerely believes in
what it says, a party which honestly tries to give effect to its policies. Having served the country
through thick and thin for almost half a country—particularly during the Emergency—it earned
public respect as a party that deserved to be trusted with the reins of office. Also the performance
of its leaders, Vajpayee and Advani, as ministers in 1977-79, had made a great impression on
everybody. After his visit to Islamabad, the then US First Secretary in Pakistan remarked that if
Vajpayee chose to stand for election from Islamabad, he would be elected unopposed. A third
factor in BJP's swift rise to power was its early realisation that in a country the size and
complexity of India, coalition of parties is natural and inevitable.
In 1998 the party forged an alliance with a dozen parties and formed the government. And in spite
of Congress allurements, only one out of twelve let BJP down; all others stood by it. The reason
was clear: they knew from experience that the BJP would share power and responsibility fairly;
they had come to look upon Vajpayee as friend, philosopher and guide. And they knew that this
coalition had performed well. All these factors have made NDAa strong and united political
force.
This government made India a nuclear-weapons state and successfully faced the sanctions
imposed by the USA. (The Governor of the Bank of England specially came to hear India's
Finance Minister in London to understand how we had withstood the Western pressure). It
resolved the long-pending Cauvery waters dispute. And it refused to knuckle under even an ally's
pressure to dismiss the properly functioning DMK government. It produced a budget that had few
critics and many admirers. Vajpayee even took the diplomatic initiative of a bus ride to Pakistan.
This was widely appreciated at home and abroad.
It would seem that the Congress—and the AIADMK—hastened to topple the government so that
it did not get the time to achieve more and stabilise itself further. However, the one vote drama
generated a tidal wave of sympathy for the government. The Congress and its friends, therefore,
pressed the Election Commission to put off polls by a full five months. But then came Kargil;—
and the country's and the government's robust response to Pakistani aggression. And that sank
what hopes the Congress may have had of staging half a comeback. For the results have sunk
Congress to its lowest depths ever.
The analysis of whether the BJP helped its allies or vice-versa is not straight forward. The BJP
suffered a 2 percent decline in vote share but increased its 1998 tally by 2 seats. In contrast, the
BJP allies (BJP+) registered a marginal decline in vote share but detained a large increase in seats
—from 70 in 1998 to 144 in 1999. However, the BJP's success in this election is mainly due to its
coalition strategy.6 After the election of 1996, it was generally held that the era of a single party
government is over and the future lies with coalitions based on a reconfiguration of political
forces. The only party, which appears to have taken this lesson seriously, is the BJP. Given its
command ideological commitment and its active participation in the demolition of the Babri
Masjid, the BJP was not able to gather enough support to remain in power in 1996. As L. K.
Advani himself confessed, the BJP then realised that it cannotLOK SABHA ELECTIONS 1999 :
EMERGING POLITICAL TRENDS
723
come to power without incorporating the regional parties into its support base. It therefore
cobbled up an alliance of 18 parties in 1998 and 24 in 1999—although they had nothing in
common ideologically and programmatically—by putting on the backburner its controversial
Hindutva agenda.
This strategy has yeilded rich dividends in this election, as the NDA has managed to gain a
comfortable majority, thanks to the performance of the allies. More than one-third of the seats of
the NDA is their contribution, most of them in single digit. Rather than the charisma of Vajpayee
it is the Vaikos, Ramados-ses, Chautalas and Abdullahs who made the success of the BJP
possible.7
However, the Presidential (U.S. type) dimension of the contest cannot be overlooked. It was
clearly an Atal election. "It was the Vajpayee factor that gave the BJP alliance its cutting edge,"
admitted Madhya Pradesh Chief Minister Digvijai Singh who made a valiant attempt to stem the
national tide. Compared to Vajpayee, the others appeared shrill, sectional or plain inexperienced
the Prime Minister's measured words, his moderation and consensual style even put a gloss over
the electorate's innate suspicion of coalitions. It was Vajpayee who injected chemistry into the
arithmetic of alliances.
It was Vajpayee who cemented the alliances and made them work. In 1998, despite a record of
local performance, the TDP of N. Chandrababu Naidu could win only 12 of the 41 seats in
Andhra Pradesh. This time, by adding the Vajpayee appeal into his own visionary approach,
Naidu coasted home to a second term as Andhra Pradesh Chief Minister and decimated the
Congress in the Lok Sabha segments. From 16 the TDP-BJP tally in the State rose to 35.
Likewise in Orissa, it was the happy blend of Vajpayee and the Biju Patnaik legacy that won the
BJP-BJD alliance 19 of the 21 seats.8 ' •
Paradoxically, the only place where the Vajpayee magic didn't work was Uttar Pradesh,
politically India's largest state that sends 85 MPs to the Lok Sabha. Here, bad governance and
vicious party factionalism generated such strong antipatry that the BJP lost 10 per cent of its vote
and 30 seats.
Not that the BJP's humiliation in Uttar Pradesh gave any comfort to the Congress which had
entered the battle convinced it would emerge the single largest party. Although Sonia won a
decisive personal victory in Amethi, overcame Sushma Swaraj's challenge in Bellary but failed to
translate the party's increased vote share into seats. The Congress is faced with the awkward
realisation that under Sonia it has won 112 seats (with 28.4% votes)—28 less than what it did
under Sita Ram Kesri in 1998. Kesri was subsequently removed but no Congressman is
questioning Sonia's right to continue as leader.
The "Italian" question did play a role but more significant was the wariness over her lack of
experience. The claim that being the possessor of the Nehru-Gandhi trademark automatically
qualifies a person to hold the highest political office didn't sell.
.,. .
The Congress could have minimised its losses by getting off its high worse and acknowledging
the necessity—if not the virtues—of strategic alliances. However, with leaders like Pranab
Mukherjee continuing to see coalitions as a recipe for "political balkanisation". The Congress
persisted with single-party-or-nothing approach. When local deals were struck, as with J.
Jayalalitha and Laloo Yadav, the party insisted they were "seat adjustments". In short, by
indiscriminately pressing its national claims, even when these were unwar-• i ii-_ /-i^^nco
fc^lprl t.n vield space to the growing federal impulses.724
INDIAN GOVERNMENT AND POLITOS
In spite of its organisational fragility, the Congress has an all-India presence in the real sense of
the term. While the BJP is able to spread its influence in the eastern, north-eastern and southern
States with the support of regional political formations like the TDP or the AIADMK-DMK, or
the Biju ' Janata Dal or Trinamool Congress and others, the Congress has a presence of :' its own
from Arunachal Pradesh to Punjab and from Kashmir to Kanyakumari. In the 1998 Lok Sabha
polls, the party contested 477 seats and obtained 25.82 percent of the votes polled. In 1999
elections, the party fielded candidates in 453 constituencies but still increased its share of national
votes to 28.42 per cent i.e. five percent more than the BJP.
"The BJP, despite an avowed integrative philosophy, proved more accommodating. It is
consequently the beneficiary of the desire of regional parties to also have a stake at the centre.
The party that was gloating over its distinctiveness and basking in isolation only eight years ago,
ironically, today sups with forces ranging from Lohiaite socialists to Dravidian nationalists. The
BJP-led alliance spans nearly the entire range of political opinion from the far right (Shiv Sena)
to the moderate left (PMK). Where the Congress has been pushed to the margins, the BJP alliance
resembles a grand coalition. In purely electoral terms, this political heterogeneity has not proved
a hindrance and for the first time voters have given a clear mandate to a pre-poll alliance that
even has an agenda of governance."
The CPI(M)-led Left Front, having enjoyed a disproportionate role on the national political stage
since 1996 because of a repeatedly splintered Lok Sabha, is surely losing out on its manipulating
ability. In the 11th Lok Sabha (1996-98), it was one of the ruling United Front's powerful
backseat drivers. Even in the 12th Lok Sahba, its 48 members could rustle up strength to pull
down the Vajpayee-led government and then attempt unsuccessfully, to foist an alternative
Congress—only government. Now, with the strength of the Congress hitting a historic low, there
isn't much of a replay of the toppling game. In Kerala, where the CPI(M) tally has come down
and the CPI hasn't won a single seat, the Left is facing an identity crisis as it is cosying up
nationally to the Congress, its main rival locally. In West Bengal, the Left Front has lost three
more seats compared to 1998. What rankles the most is the doubling of the BJP score in the State
to two, including Krishnanagar, far out of the Calcultta belt that has been the red coalition's
traditional Achilles' heel. C. P. Bhambhri rightly observes, "While the CPI-M is able to maintain
its limited political influence, the decline of the CPI is continuing with every election and it has
secured only 1.45 percent share of the national vote in the 1999 Lok Sabha Elections." 9
The parties that did surprisingly well were the middle parties of Bihar and UP—Mulayam's
Samajwadi Party and the BSP in UP and the United Janata Dal (including the old Samata Party)
in Bihar. India Today observes, "Mulayam and Mayawati surprised even their friends with their
strong showing in Uttar Pradesh, numerically the most important province in the country.
Between them they won half the State and, along with the Left, lead a stronger than expected,
'third force'presence in the new Lok Sabha." Through the SP's vote share fell by 6 percent, it has
added 6 seats to 1998's tally wresting 14 seats from the BJP and 2 from the BSP (in all winning
26 seats out of the 84 seats it contested). Not only did it retain the hold on its traditional vote
bank, it also attracted a sizable vote from the non-Yadav OBCs, especially in Central Uttar
Pradesh.
For the BSP, election '99 has been an unqualified triumph. Weighed under the burden of
"redeeming" itself after its last minute switch that cost the BJP LOK SABH A ELECTIONS 1999 :
EMERGING POLITICAL TRENDS
725
its government in April, the party more than trebled its tally by cornering 14 seats in the
quadrangular contest in Uttar Pradesh.
With a monopolistic hold over the Dalits, particularly, the Chamar sub-caste, Mayawati
sought to widen acceptibility by fielding many candidates from other castes. As she
pointed out in meeting after meeting, among the 85 BSP candidates, 38 were OBCs, 20
from the upper castes and 17 Muslims. It was an eye-opener of sorts when at least 3
upper-caste dominated pockets voted BSP candidates to power.
SALIENT FEATURES OF THE 1999 MANDATE
The emerging features of 1999 Lok Sabha polls are : alliances work with a leader,
dynasty is not enough, good governance pays and coalition implies healthy compromises,
The election results had clearly demonstrated certain trends and therefore salient features
of the 1999 Mandate are as follows :
1. Presidential Type Elections
A peculiar feature of the 13th Lok Sahba Elections was that they were more personality
—specific than policy oriented and seemed to assume the characteristics of a presidential
election.
2. Issues of Performance and Governance
Since poll outcomes were overwhelmingly decided by state level issues of performance
and good governance—apart from Gujarat, Andhra (where Chandrababu Naidu was
rewarded for his performance) and Maharashtra (where the split between Congress and
NCP was fatal)—anti-incumbency was the dominant common trend. India Today
observes, "Good governance—as in Andhra—was handsomely rewarded and bad
governance—as in Uttar Pradesh, Punjab, Karnataka and Orissa—suitably punished."10
3. An Unambiguous Verdict
The results of the election reflected the voters' confusion. Not only did no clear
alternative emerge, but it seemed that for the first time in the country's history politics
was likely to polarise around three polls—a secular, pluralist Centre that was in decline, a
'Hindu' monolithic Right and a caste-cum-class based hodge-podge of parties on the left.
Academic writings reflected the confusion and some saw in it the 'Hinduisation' of India
and worried about the fate of the minorities, while others saw in the rise of caste-based-
politics and of the middle castes a shift in the locus of Indian politics away from nation
building towards a greater preoccupation with parochial issues.
4. A Fractured Mandate
The former Prime Minister V. P. Singh got it right when he declared on television that the
Indian electorate has taught a lesson to the two main national parties, the BJP and the
Congress. No single party has got a majority, either in terms of votes or seats. While the
BJP has just about maintained its earlier strength, the Congress has further declined. In
fact, the two main parties, the BJP and the Congress, together account only for about 300
seats. The rest, almost 250 seats, are in the kitty of smaller and regional parties.
5. Coalition Strategy
The BJP's success in this election is mainly due to its coalition strategy. What was
revealed was the strategic political wisdom of the BJP leadership in forging a pre-election
coalition and entering the lists as such. The great strategic failure of the Congress was its
fateful decision at Pachmarhi not to try and forge a strong counter-alliance.726
INDIAN GOVERNMENT AND POLITICS
The ruling coalition today is as different from that of 1998 as fish from fowl. The NDA is a
coalition formed not after but before an election. What is more, this is not the first but the second
election that the NDA was fought on a common platform. Even more important, this is a coalition
that has with the exception of the NDA stayed together not only in power but also in defeat.
6. The Vajpayee Wave
The mandate is for Vajpayee to govern for five years. According to the India Today—Insight
Post Poll Survey, he is the choice of half the electorate as the best Prime Minister.... this is going
to be Vajpayee's election. The PM enjoys an approval rating that is a significant 8 percent higher
than the projected vote for the BJP-led alliance.
"Before Kargil, Vajpayee was the first among equals. After Kargil, he is the towering leader
seeking votes on the strength of his record and leadership."11
"When people vote for the NDA, they will do so not out of any attachment for the BJP's ideology
but because they have faith in Vajpayee. If the BJP gives the impression of having reinvented
itself as the natural replacement to the Congress, the credit goes largely to Vajpayee. He has made
the 1999 Election a virtual referendum on his leadership."12
7. Contrast Between Percentage of Votes and Seats
The BJP suffered a 2.5 percent decrease in its all-India vote share and polled only 23.70 percent
of the votes. In contrast the Congress has increased its vote share by about 3 percent and polled
28.42 percent votes. And yet, in terms of the seats won the BJP gained substantially and Congress
lost irretrievably.
Conclusions
It was in many ways an intelligent verdict. In what was a quasi-presidential election, the message
of the ballot box was clear: stability and performance. The arithmetic of the 13th Lok Sabha ruled
out individual blackmail. In 1998, as the main alliance partner, AIADMK leader J. Jayalalitha
could keep the government on tenterhooks with just 19 MPs. This time, the biggest coalition
partner is N. Chandrababu Naidu's TDP with 29 MPs. The arithmetic is such that over if the TDP
withdraws support, the government will not fall. In fact, there is little danger to the government
unless a group of alliance partners gang up to bring it down. But potential conspirators will be
wary because the opposition is neither strong nor cohesive enough to form an alternative govern-
ment. In 1998, Jayalalitha jumped from the ship because she perceived an emerging alternative.
This time, the alternative to Vajpayee's collapse is fresh elections.
TABLE 1-A : TIME TABLE FOR 1999 ELECTIONS
Number of Last date Last date for
Poll Date Constituencies for filing withdrawal of
going for polling nominations Candidature
Sept. 5 146 Aug. 18 Aug. 21
Sept. 11 20 Aug. 19 Aug. 23
Sept. 11 103 Aug. 24 Aug. 27
Sept. 18 79 Aug. 28 Sept. 1
Sept. 25 74 Sept. 6 Sept. 9
Oct. 3 11" Sept. 10 Sept. 17
Oct. 3 110 Sept. 14 Sept. 17
20 constituencies in Kerala.
11 constituencies in n-."~-LOK SABHA ELECTIONS 1999 : EMERGING POLITICAL TRENDS
727
TABLE 1-B : NO. OF POLL DAYS IN STATES/UTs
States I'UTs
No. of poll days
AP, Bihar, J & K Three MP, UP, Karnataka, Maharashtra, Manipur,
Orissa,
Rajasthan and Tamil Nadu Two
All other States and UTs One
TABLE 2 :LOK SABHA ELECTION SCHEDULE
States and Union Sept. Oct. States and Union Sept. Oct.
Territories 5 11 18 25 3 Territories 5 11 18 25 3
Andhra Pradesh (42) 13 15 14 Nagaland (1) 1
Arunachal Pradesh (2) 2 Orissa (21) 10 11
Assam (14) 14 Punjab (13) 13
Bihar(54) 19 19 16 Rajasthan (25) 10 15
Ooa (2) 2 Sikkim (1) 1
Gujarat (26) 26 Tamil Nadu (39) 19 20
Haryana (10) 10 Tripura (2) 2
Himachal Pradesh (4) 4 Uttar Pradesh (85) 30 24 31
Jammu & Kashmir (6) 2 2 2 West Bengal (42) 42
Karnataka (28) 15 13 A & N Islands (1) 1
Kerala (20) 20 Chandigarh (1) 1
Madhya Pradesh (40) 14 14 12 Dadra & Nag. Hav. (1) 1
Maharashtra (48) 24 24 Daman & Diu (1) 1
Manipur (2) 1 1 Delhi (7) 7
Meghalaya (2) 2 Lakshadweep (1) 1
Mizoram (1) 1 Pondicherry (1) 1
Total number of constituencies : 543.
Figures in brackets indicate number of constituencies.
TABLE 3 STATEWISE PARTY PERFORMANCE IN LOK SABHA ELECTIONS—1999
Party Contested Won Success
Percentage
1 2 3 4
Andhra Pradesh : 42 seats
All India Majlis-e-ithehadul-muslimeen 1 1 100
Telugu Desam Party 34 29 85.29
Indian National Congress 42 5 11.9
Bharatiya Janata Party 9 7 77.9
Arunachal Paradesh : 2 seats
Indian National Congress 2 2 100
Assam : 14 seats
Communist Party of India (Marxist-Leninist) Liberate 3 1 33.3 i
Indian National Congress 14 10 64.28
Independents 11 1 9.09
Bharatiya Janata Party 11 2 18.18
Bihar : 54 seats
Rashtriya Janata Dal 36 7 19.44
Janata Dal (United) 23 18 73.91
Indian National Congress 16 4 18.75
Bharatiya Janata Party 29 23 79.31
CPM — 1
Ind. — 1
Goa : 2 seats
Bharatiya Janata Party 2 2 100
728
INDIAN GOVERNMENT AND POLITICS
66.66 100.00 100.00
47.05 100.00
50.00 15.78 68.18 25.00 50.00 23.80 48.1 100.00

Gujarat: 26 seats
| Indian National Congress
Bharatiya Janata Party Haryana : 10 seats Indian National Lok Dal Bharatiya Janata Party Himachal Pradesh : 4 seats
Himachal Vikas Congress Bharatiya Janata Party Jammu and Kashmir : 6 seats National Conference Bharatiya
Janata Party Kerala : 20 seats Communist Party of India (Marxist) Kerala Congress (M) Kerala Congress Indian
National Congress Muslim League Karnataka : 28 seats Janata Dal (United) Indian National Congress Bharatiya
Janata Party Madhya Pradesh : 40 seats Indian National Congress Bharatiya Janata Party Maharashtra : 48 seats
Peasants and Workers Party of India Nationalist Congress Party Shiv Sena
Bharipa Bahujan Mahasangh Janata Dal (Secular) Indian National Congress Bharatiya Janata Party Republican Party of
India (a) Manipur: 2 seats Manipur State Congress Party Nationalist Congress Party Meghalaya
Nationalist Congress Party Indian National Congress Mizoram : 1 seat
Mizo National Front Nag aland : 1 seat
Indian National Congress Orissa : 21 seats Biju Janata Dal Indian National Congress Bharatiya Janata Party Punjab :
13 seats
Shiromani Akali Dal (Simranjit Singh Mann) Shiromani Akali Dal Indian National Congress Communist Party of
IndiaLOK SABHA ELECTIONS 1999 : EMERGING POLITICAL TRENDS
729
23.07 76.92
66.66 33.33
30.00 64.28 36.84
27.5 72.5
Party Contested Won Success
Percentag
e
Bharatiya Janata Party 3 1 33.3
Raj as than : 25 seats
Indian National Congress 25 9 36
Bharatiya Janata Party 25 16 64
Sikkim : 1 seat
Sikkim Democratic Front 1 1 100
Tamil Nadu : 39 seats
Communist Party of India (Marxist) 2 1 50.00
Pattali Makkal Katchi 7 5 71.42
Marumalarchi Dravida Munnetra Kazhagam 5 4 80.00
Indian National Congress 11 2 18.18
Dravida Munnetra Kazhagam 19 12 63.15
Bharatiya Janata Party 6 4 66.6
All India Anna Dravida Munnetra Kazhagam 24 10 41.66
M.G.R. Anna D.M. Kazhagam 1 1 100
Tripura : 2 seats
Communist Party of India (Marxist) 2. 2 100
Uttar Pradesh : 85 seats
RLD . 7 2 28.57
Samajwadi Party 85 26 30.58
Bahujan Samaj Party 80 14 17.5
Indian National Congress 76 10 13.15
Independents 1 100
Bharatiya Janata Party 77 29 37.66
Samajwadi Janata Party (Rashtriya) 1 1 100
Loktantrik Congress Party 2 2 100
West Bengal: 42 seats
Communist Party of India (Marxist) 32 21 65.62
All India Forward Bloc 3 2 ; 66.66
Revolutionary Socialist Party 4 3 75
All India Trinamool Congress (AITC) 28 8 28.57
Indian National Congress 41 3 7.31
Bharatiya Janata Party 13 2 15,38
Communist Party of India 3 3 100
Union Territories
Andaman & Nicobar : 1 seat
Bharatiya Janata Party 1 1 100
Chandigarh
Indian National Congress 1 1 100
Daman & Diu : 1 seat
Indian National Congress 1 1 100
Dadra & Nagar Haveli: 1 seat
Independent 1 1 100
Delhi: 7 seats
Bharatiya Janata Party 7 7 100
Lakshadweep
Indian National Congress 1 1 100
Pondicheery : 1 seat
Indian National Congress 1 1 100
730"
INDIAN GOVERNMENT AND POLITICS
____________.......__.t-niMiwcm /\NU POLITICS__________________
TABLE 4 : PERFORMANCE OF POLITICAL PARTIES IN RESERVED CONSTITUENCIES (13th LOK
SABHA)
Congress
CPI(M)
TDP
JD(U)
SP
BSP
BJD
RSP
DMK
AIADMK
Others

Total reserved seatafoTsc&STTuH)

\/ lil/l^r rt-»-.__
Qfnfp 1 rFprrifnr\: — . utiniv^C 1
Reserved „ . M icilH LOK SABHA
K^J isLlrLis / A. KZI I t-CC/t y

1. Andhra Pradesh a , Seats wo n Seats n Seats won ss

byBJP
(SC + ST) wo by by Others
Q
Congre
O
2. Arunachal Pradesh 3. 1 1 TDP = 6
Assam
4. Bihar 3
5. Goa 13 8 I Others = 1
6. Gujarat — JD 07) = 4, RJD = 1
7. Haryana 6 6 —
8. Himachal Pradesh 9. 1 0 Others = 1 Others = 1
Jammu & Kashmir 10.
Karnataka
I
1
11. Kerala 4 1
J.
12. Madhya Pradesh 13. 2 15 12 JD (U) = 2 CPI (M) = 1
1
Maharashtra
3
14. Manipur 15. Meghalaya 7 1 2 2 Others = 3
16. Mizoram j Others = 1
17. Nagaland — —
18. Orissa 1 — 1
19. Punjab 20. Rajasthan 83 4 12 BJD = 3
21. Sikkim 7 4 3 CPI = 1
22. Tamil Nadu 7 —.
23. Tripura — DMK = 3, AIADMK =
2
24. West Bengal 1 — PMK = 1, MDMK = 1
—
10 CPI (M)= 1
25. Uttar Pradesh 18 g CPM = 5, RSP = 3,
Others = 2
26. Andaman & Nicobar ( 3P = 5, BSP = 4, 3thers
Island =1
27. Chandigarh
28. Dadra & Nagar Haveli 1 — Hhers = 1
29. Daman & Diu 30. Delhi
31. Lakshadweep 32 11 1
 Pondichpj*j*v
Total 120 1 48 1
18 1

TABLE 6 1999 LOK SABHA ELECTIONS AT A GLANCE

Bharatiya Janata Party (BJP) Telugu Desam Party Janata Dal (United) Shiv Sena
Dravida Munnetra Kazhagam Biju Janata Dal All India Trinamool Congress Indian National Lok Dal Pattali Makkal
Katchi
Marumalarchi Dravida Munnetra Kazhagam Shiromani Akali Dal Himachal Vikas Congress Loktantrik Congress
M.G.R. Anna D.M. Kazhagam Manipur State Congress Party NDA + TDP
Indian National Congress All India Anna Dravida Munnetra Kazhagam Rashtriya Janata Dal Muslim League Rashtriya
Lok Dal Kerala Congress (M) INC + Allies
Communist Party of India (MARXIST) Communist Party of India Revolutionary Socialist Party All India Forward
Bloc Kerala Congress Left Parties Samajwadi Party Bahujan Samaj Party Nationalist Congress Party Jammu and
Kashmir National Conference Other Party Independent
| All India Majlis-e-Ittehadul Muslimeen Samajwadi Janata Party (Rashtriya) Sikkim Democratic Front Peasants and
Workers Party of India Janata Dal (Secular) SAD (M) BBM Communist Party of India (Marxist-Lenninist)
(Liber)
Others _____________________________________
Total732_
^IlPpSITIONWNTHE
S.No.
1
INDIAN GOVERNMENT AND P01
TABLE 7 13THLOKSABHAASI
ITJCS

LOK SABHA ELECTIONS 1999 : EMERGING POLITICAL TRENDS

TABLE 8 : EXPENDITURE ON LOK SABHA ELECTIONS

Rs. in Crore 8TB" 154.2 359.1 597.5 664.5 850
Year
1984
1989
1991
1996
1998
1999
| 1980 | oi.x !________________
TABLE 9 : SUCCESSFUL WOMEN CANDIDATES (1999)—PARTYWISE NUMBER
~ ' ~ "" ------"■■' I I ' | No. of Successful
TABLE 10 : VOTING PERCENTAGE IN GENERAL ELECTIONS (1952-1999)
Voting Percentage 45T 47.7 55.4 61.3 55.3 60.5 57.0
Year
1952
1957
1962
1967
1971
1977
1980
1984 1989 1991 1996 1998 1999

VOTE
TABLE 11 POLITICAL PARTIES IN
1999 LOK SABHA ELECTIONS
National Parties
Indian National Congress Bhartiya Janata Party CPI (M)
Bhujan Samaj Party Janata Dal (United)
CPI
Janata Dal (Secular)
Major Regional/State Parties Samajwadi Party Telugu Desham Party Rashtriya Janata Dal Trinamool
Congress Nationalist Congress Party AIADMK DMK Shiv Sena Biju Janata Dal
Seats °ercentage of vauu
Won Votes Polled
114 28.42%
182 I 23.70%
33 5.38%
14 4.23%
20 3.05%
4 1.45%
1 0.92%
26 3.79%

29 3.70%
7 2.75%
8 2.60%
8 2.22%
10 1.96%
12 1.75%
15 1.58%
10 1.22%

1.
2.
3. 4.
INDIAN GOVERNMENT AND POLITI

REFERENCES The Hindustan Times, October 6, 1999.

M. L. Ahuja, Electoral Politics and General Elections in India (1952-1998), Mittal Publications (New Delhi, 1998), p.
317. Ibid., p. 320.
Annual Report, 1999-2000, Government of India, Ministry of Parliamentary Affairs, New Delhi, pp. 50-51.
5. India Today, May, 3, 1999, pp. 19-25.
6. Surjit S. Bhalla, "Winners and Losers", The Hindustan Times, November 2, 1999, p. 13.
7. K. N. Panikkar, "Reasons for Success", The Hindustan Times, October 14, 1999, p. 13.
8. India Today, October, 18, 1999. p. 25.
9. C. P. Bhambhari, "Congress at Crossroads", The Hindustan Times, October 30, 1999, p. 13. 10. India Today,
October 18, 1999, p. 25
India Today, August 23, 1999, p. 17. Ibid.
11. 12. Chapter 54
LOK SABHA ELECTIONS 2004 :
EMERGING POLITICAL TRENDS
The stunning verdict of Elections 2004 signifies a fundamental change in Indian democracy.
Once the surprise of the final outcome, the sheer relief of regime change, the suspense over
government formation and the verbal duels about who has the mandate give way to reflection on
the meaning of this verdict, we might notice a change of fundamental order that this outcome has
quietly ushered in. Elections 2004 may be remembered not for its realignment of political forces
and experiments in coalition building, but for a more basic realignment of social and political
power. The verdict signifies a radical shift in the social basis of political power.
In fact, this is the first general election since 1977 that has upset every electoral poll calculation
and poll prediction. No pollster or party leader of any significance allowed for a verdict in which
the Congress, not the Bharatiya Janata Party (BJP), would emerge as the single largest party in
the 14th Lok Sabha. Nobody could foresee the Congress-led alliance ending up 30-plus seats
ahead of the BJP-led combine. Nobody could predict the significant increase in the weight of the
Left in national politics, with 61 seats in a 543-member Lok Sabha and, given these numbers,
qualitatively well placed to influence the economic, political and foreign policies of the new
Government.
Of the two largest national players, the party that once ruled India without much challenge has
performed above expectation everywhere—with the exception of Left-swept Kerala where, for
the first time since Independence, the Congress has the mortification of not winning a single Lok
Sabha constituency in a general election. The BJP has done well in its traditional strongholds of
Madhya Pradesh, Rajasthan and Chhattisgarh; slipped a little (along with its hard-core ally, the
Shiv Sena) in Maharashtra; and made substantial inroads in Karnataka. Its biggest losses have
come in Uttar Pradesh, Bihar, Jharkhand, Delhi, Haryana—and Gujarat. Some of its heavyweight
Cabinet Ministers have been humbled, among them Murli Manohar Joshi, Yashwant Sinha and
Saheb Singh Verma (not to mention the Speaker in the last Lok Sabha, the Shiv Sena's Manohar
Joshi).
Contrary to opinion and even exit poll findings, the BJP has not fared significantly better than its
allies. Over the past decade and a half, the BJP advanced on the national stage partly through
raising its vote share incrementally, but even more through its success in striking alliances in
every region with parties big and small. This contrasted with the conspicuous failure of the
Congress to break out of its shell and find effective, allies within the secular camp. This time,
three of the BJP's senior partners in key States have suffered
O cnnpf O^»nl OT« r\ Q^O^lo___TOITT»1 r»li4-l-»n o *o All T*-»rl-t r% A -m -w* n T"V*».-»T ri A *-> 1\/Tn«v. #\4-»ir. T7~ n -» *'" 1999.

LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS

737
of the national vote share as compared to the last elections. While the Congress-led alliance
gained two per cent of the national vote share.
In relative terms, the BJP's allies fared worse than the BJP. While the BJP lost about a quarter of
its seats, the allies lost more than half of what they won last time. It is a moot question whether
the BJP can entirely escape the responsibility of the heavy reverses suffered by its allies in States
such as Andhra Pradesh, Tamil Nadu and Bihar, especially in Tamil Nadu where the BJP
switched the allies around. The net result is that the BJP now dominates the NDAmore than
before, as its share of seats in the alliance has gone up from 60 per cent to 73 per cent.
As parties get used to the alliance arithmetic, the country's electorate is also beginning to accept
coalitions as a normal part of political reality. The CSDS has tracked the responses of ordinary
people to coalition governments in its National Election Studies since 1996. When first asked
about the prospects of a coalition government on the eve of the first experiment in 1996, one-third
of the electorate strongly rejected the idea. This opposition has gradually come down with each
election and is only 17 per cent this time. On the other hand, the proportion of those who see no
harm in a coalition government has steadily gone up from 16 per cent to 30 per cent this time. In
all, a majority of the respondents interviewed this time were prepared to accept coalitions with
varying degrees of enthusiasm.
The picture of votes and seats has not undergone any dramatic change for other parties. The
Samajwadi Party put up 234 candidates all over the country in the hope of emerging as a national
party. But all it succeeded in gaining outside Uttar Pradesh was one seat in Uttaranchal and an
additional half a percentage point of the national vote share. The Bahujan Samaj Party has had
greater success in expanding outside Uttar Pradesh as its national vote share jumped up by one
point to record a little over 5 per cent. This election represented a high point for the Left, as it
beat its own previous record of 56 seats in 1991. This time the Left bloc has 61 MPs in
Parliament (including the one Left-supported Independent). But that has not lifted the Left Front's
vote share very much. Its overall vote share is 8.3 per cent this time, compared to 8.0 per cent last
time. This is partly because the Left parties, specially the CPI, fielded much fewer candidates this
time. Besides, the big gains for the Left in Kerala are based on a very small swing in votes.
RADICAL SHIFT IN THE SOCIAL BASIS OF POLITICS
The significance of Election 2004 lies in the fact that it signals a reversal of this process and the
possibility of an alternative social bloc that represents the democratic upsurge of the recent times.
The loose anti-NDA political coalition that has emerged during and after this election represents a
deeper social coalition of the forces thrown up by the democratic upsurge. The coalition is no
doubt only partial. The pre-electoral alliance of the Congress excluded the two most significant
political carriers of the second democratic upsurge, the BSP and the SP. Many of the coalition
allies—the NCP in Maharashtra, the TRS in Andhra Pradesh and indeed the Congress itself in
Kerala and West Bengal—are hardly representatives of the upsurge from below. Notwithstanding
all these weaknesses, the success of the Congress alliance in this election demonstrates the power
of even a partial coalition of the social majority.
The outcome of the election begins to make sense in this perspective. The basic building block of
this verdict is the State. In that sense this election has

has mmsmsi
mmmmm
m
may have invited_______________LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS
backlash, thus creating a psychological context for forging an alliance of the lower orders
of society. The Congress and its alliances provided an avenue for political expression of
this emerging social alliance.
The long drawn out campaign gave this alliance the space to work itself out. This also
ensured that the media blitz unleashed by the BJP could not continue to dominate the
elections. In this sense, this election proved that in a large and diverse society like India,
there are limits to what micro-management and spin doctoring can achieve.
SUCCESS AND FAILURE : THE INSIDE STORY
Andhra Pradesh
The simultaneous election in Andhra Pradesh became a referendum' on Chandrababu
Naidu's nine-year rule. While he saw an "anti-opposition wind" blowing in the State, the
verdict delivered a double blow to the TDP-BJP Alliance. Everything seems to have gone
against him. The sympathy factor did not work; women did not vote in large numbers for
him as he expected; farmers, backward classes and the youth sided with the Congress
more than the TDP.
For the first time, two alliances fought against each other in the elections making it the
most intensely contested elections in a polarised situation. The Congress followed the
alliance tactics adopted by the TDP from the beginning. It forged an alliance with the
Left parties in the State. The alliance with the newly formed subregional party,
Telangana Rashtra Samiti, paid huge dividends in the Telangana region. It also
performed much better in the coastal region, contrary to speculation that its alliance with
the separatist TRS would invite the wrath of the people of the coastal region. In this Lok
Sabha election, the Congress polled 41.5 per cent votes, which is less than the 42.8 per
cent votes, that it got in the 1999 Lok Sabha elections. But it won 29 seats this time,
whereas it could win only five seats earlier. The alliance generated a momentum in
favour of the Congress, far more than what it could have achieved had it gone alone. The
Congress alliance got 50.6 per cent of the votes winning 36 seats. While the TDP and the
BJP hoped to repeat their 1999 performance through continuing their alliance, they fared
poorly by polling the same percentage of votes as the Congress did, and got only five
seats. The BJP could not get even a single seat. It is a total reversal of the 1999 verdict.
Rajasthan, Madhya Pradesh, Chhattisgarh and Delhi
In December 2003, Rajasthan, Madhya Pradesh and Chhattisgarh voted the Bharatiya
Janata Party to power with comfortable margins, while Delhi returned the Congress to
power. In Chhattisgarh, the BJP's victory was helped by the presence of the Nationalist
Congress Party, which split the Congress
votes.
These State Governments are yet new, they have some goodwill and there is also an air of
expectancy about them. So it is not a surprise that the BJP won handsomely in all the
three States and the Congress swept Delhi. In fact, the three States, with 56 BJP MPs
helped the BJP post a decent tally in the new Lok Sabha. Apart from the 'honeymoon
goodwill' enjoyed by the ruling party there, the organisational weaknesses of the main
adversary, the Congress, have also contributed to the BJP's success. This same analysis
equally applied to Delhi, which also stuck to its electoral choice of December 2003. In
Delhi, the Congress benefited when the Janata Dal (Secular) candidate withdrew from the
Chandni Chowk constituency. If anything, the trend of 2003 has only consolidated in the
Lok Sabha elections from these States and from Delhi.*• «« B'>P;s lead e l6ad « ^
200.°. Sabha eS^^Wpar^ ln 2003 to IA over
the Pn 3 Ass
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^OJiSABHA, ELECTIONS ^04j

741
Goa
Goa
The Lok Sabha Elections in Goa should be seen primarily as a statement on issues of
national politics and only secondarily as a comment on the performance of the State
government. The BJP is a relatively new entrant to Goa but has rapidly risen to control
State power. The last Lok Sabha elections took place when the BJP was in the
ascendancy.
It won both the State's Lok Sabha seats. This time the Congress and the NCP came
together to fight the BJP and managed to wrest one of these seats from the BJP. The
Congress won the Catholic-dominated Mormugoa Constituency in South Goa. The BJP
managed to retain the Hindu-dominated North Goa seat of Panjim.
Gujarat
On the face of it, the Gujarat outcome looks like a draw : 14 seats to the Bharatiya Janata
Party and 12 to the Congress. In terms of vote share too, the two parties have finished
very close to each other. The BJP secured 47.4 per cent of the vote while the Congress
finished just two percentage points behind at 45.1. Going by the fate of the incumbent
State Government, Narendra Modi should be a satisfied man. He has been saved a rout.
Uttar Pradesh
As expected and as the polls predicted, the verdict in Uttar Pradesh was fractured.
However, the striking feature of the results was the wide divergence between the votes
secured and the seats won. The Congress won nine seats with 12.5 per cent votes, while
the BJP and allies managed 11 seats with nearly double the votes at 23 per cent of the
vote. The BSP won 19 seats with 24.7 per cent votes. But the clear winner was the
Samajwadi Party (SP)-Rashtriya Lok Dal (RLD) combine that won 38 out of the 80 seats
with 31.2 per cent votes. Out of this tally, the SP won 35 and the RLD three seats.
The real loser in the whole story is clearly the BJP. The party had been banking upon
significantly increasing its tally in the State to return to power at the Centre. The BJP has
been steadily declining in the State ever since the 'Ram Lehar' of the mid-1990s receded.
Besides, this time the BJP in the State had been wracked by internal fighting though after
the return of former Chief Minister Kalyan Singh to the party, its hopes had increased.
But this was not to be. The post-poll survey data indicates that the return of Kalyan Singh
has not had the desired effect since only 31 per cent of the respondents feel that their
support for the BJP had increased due to this.
The desperation of the BJP was clear in the campaign as evinced by its vain attempts to
woo the Muslims and describe Mulayam Singh Yadav as its ideological ally. The results
of the post-poll survey indicate that the BJP's support base is also slipping. The party is
losing its dominance of the upper caste votes. While the BJP still polls a majority of the
upper caste votes, the Congress has been making inroads among the Brahmins and the
upper castes
and the SP among Rajputs.
The SP and RLD alliance benefited both the parties. It has combined the
Yadav-Muslim support base of the SP with the RLD's support among other peasant
proprietary castes, especially the Jats. The BJP still leads among the other OBCs, but the
SP-RLD is close behind the BJP. The SP-RLD combine got overwhelming support from
the Muslims. Sixty-two percent of the Muslims742
INDIAN GOVERNMENT AND POLITICS
voted for the combine, an indication that the BJP's propaganda campaign against
Mulayam did not succeed. The Congress comes second among Muslims with 15 per cent
of the community preferring the party.
The BSP has retained its traditional support among the Dalits. Among the community 70
per cent voted for the party. The BSP has also gained significant support among the
OBCs. In many ways, the real gainer has been the Congress. It managed to retain its tally
of the 1999 Lok Sabha elections. With a small proportion of votes it has managed a
respectable tally of seats. Perhaps it has been the gainer of the constituency-wise
consolidation against the BJP. The survey data confirms popular perception that the
support for the Congress has increased with the entry of the Gandhi siblings in politics.
About 52 per cent of the respondents said that their support for the Congress had
increased due to this fact. But it is equally clear that this has not translated into a similar
rise in votes.
West Bengal
With the fragmentation of the opposition and the inability of the Trinamool Congress to
cross the electoral threshold, West Bengal has become virtually a one party State. The
combined vote of the Congress as well as the Trinamool alliance did not match the votes
polled by the Left Front.
The Left Front exceeds the combined vote of the rival parties by 6 per cent. This is truly a
large margin for a party that has completed silver jubilee as a ruling party.
The fears and hopes which some people entertained some years ago that the left forces
would not continue in power after the exit of Jyoti Basu had been dented by the Left
Front victory in the assembly election.
A three-way division of the votes makes the Left Front performance much more visible.
The victory in Bengal, coupled with the sweep of the LDF in Kerala made it an important
actor at the national level, as seen from the enthusiasm with which the CPI (M) General
Secretary, Harikishan Singh Surjeet, assumed the role of co-ordinator to form the new
Government.
In the recent assembly elections, the Trinamool Congress led by Mamata Banerjee had
emerged a challenger to the Left Front.
The 2001 Assembly elections was the best chance for the Trinamool, which has fought in
alliance with the Congress, to snatch power from the Left Front. But this did not happen.
The story after that is the decline of the Trinamool, mainly due to Ms. Banerjee's
mercurial personality and internal feuds. In this election, the results of this state of affairs
were clear.
The Left Front managed to win back its support from the urban areas, especially Greater
Kolkata. The Congress also managed to improve its tally. It managed to win Darjeeling
Seat due to support from the Gorkha National Liberation Front and the Jangipur Seat by
securing additional Muslim support.
The post-poll survey data shows that about 53 per cent of the respondents said they were
satisfied with the performance of the government.
The Left Front commands a solid support among the middle and poor
classes.________________LOK SABHA ELECTIONS 2004 ■. EMERGING POLITICAL
TRENDS
Uttaranchal
The results of the 2004 Lok Sabha elections in Uttaranchal are hardly different from the
1999 Lok Sabha elections. The two major political parties, the Congress and the BJP,
polled more or less the same votes in both elections.
In 1999 the BJP polled 39.6 per cent votes, while in the recent election it
polled 40.9 per cent votes.
Similarly, during the 1999 Lok Sabha elections the Congress polled 38.1 per cent votes,
while in 2004 it polled 38.3 per cent votes. The only change is in terms of the seats won
by different political parties. During the 1999 Lok Sabha elections, the BJP had won four
of the five Lok Sabha seats and the
Congress had own one seat.
But during the 2004 Lok Sabha elections, the BJP won three seats, while the Congress'
K.C. Baba won the Nainital Lok Sabha Seat.
The Samajwadi Party (SP) candidate Rajendra Kumar won from the Haridwar reserved
Lok Sabha Seat, defeating the Bahujan Samajwadi Party
(BSP) candidate Bhagwan Das.
The neck-to-neck contest in terms of vote share between these two parties could be
explained by the fact these two parties are more or evenly matched in terms of their
support base.
s ol tnen sujj^^i. __
Bihar
Of the 40 seats for which elections have been completed in Bihar, the RJD and its allies
won 29 seats and polled 45.1 per cent of the vote. The BJP and its allies could manage to
win only 11 seats polling 37.1 per cent votes. This is almost a reversal of the results of
the 1999 Lok Sabha elections when the BJP and its allies took the lead winning 30 seats,
with the RJD and its allies won only nine seats of the total 40 seats.
The major change in the alliance between these two elections has been the switching over
of Ram Vilas Paswan from the JD (U) to the RJD after forming his Lok Jan Shakti Party
(LJNSP). Many believe that the success story of RJD lies in the alliance, which they
formed before the Lok Sabha elections.
There is no doubt that the alliance with Paswan's LJNSP did bring some new voters into
the RJD fold. The major alliance partners, the RJD and the LJNSP, managed to transfer a
large number of their voters to the alliance.
The political alliance is directly related to social coalitions. The RJD had been very
popular among the Yadavs and the Muslims in Bihar who constitute nearly 14 and 15 per
cent of the population. The alliance with LJNSP added to its fold another 5 per cent
Dushad voters. Such a social combination certainly had an electoral strength capable of
upsetting the calculations of the opposition. This is what appears to have happened in the
recent elections in Bihar. As in earlier elections, the voters belonging to different castes
seemed to be divided on party lines. A majority of the upper castes voters voted for the
BJP alliance. The OBC voters remained divided, Yadavs voted for the RJD alliance in
big numbers, while a majority of the Kurmis and Koeris voted for the BJP alliance. The
RJD alliance remained the most popular choice of the Muslim voters as well. The BSP
polled 3.6 per cent of the vote.
That however is not the full story. There is some thing more than merely the alliance that
explains the success of RJD in the recent elections. If we look at the performance of
individual parties among the alliance partners, we notice that the performance of the RJD
has been much better than its major alliance ' — Tf"'° lnnk at the percentage of votes
polled by different parties per seat
°raJ «*£gi Zthand the ^we e r hi6f Minist
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S
LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS
745
done extremely well. The Vajpayee factor appears to have worked for the BJP in the Lok Sabha
election but not in the Assembly election, where the Krishna factor too was in the play. Although
the drought situation in Karnataka was almost as bad as in Andhra Pradesh, the Congress did not
suffer to the same extent at the hands of voters. There were some rewards for good governance.
VAJPAYEE'S POPULARITY ALONE WAS NOT ENOUGH
In calling for early elections, the Bharatiya Janata Party's strategists had banked heavily on the
popularity of Mr. Atal Bihari Vajpayee. The reasoning was simple and persuasive. One, Mr.
Vajpayee's popularity rating was way above that of the Congress president and it was unlikely
that Ms. Sonia Gandhi would be able to close the gap during the campaign. Two, the Central
Government was not very unpopular and the people were likely to wish to give it another chance,
specially if Mr. Vajpayee's name was attached to it. And, three, the BJP could turn the election
into a 'Vajpayee versus a question mark' race.
Mr. Vajpayee was and indeed remained popular throughout the campaign. But his popularity and
a desire to give him another chance did not translate as easily into votes for the NDA as the BJP
strategists may have assumed.
The campaign by the BJP and the projection of these two leaders by the media turned the
election, at least partially, into a battle between the two. Ironically, the candidate who had a
greater acceptability as the next Prime. Minister has lost the so-called battle between the two.
This election saw the exit of Mr. Vajpayee who was preferred by almost 40 per cent of the
respondents in an unprompted choice.
Interestingly, they were not as interested in the party Mr. Vajpayee was leading. No other BJP
leader was accepted by even one per cent of the respondents as the next Prime Minister. L.K.
Advani, the BJP's Lauh Punish (iron man) and the architect of its Hindutva face, has only less
than half per cent of the respondents accepting him as Prime Minister. Mayawati, Mulayam Singh
Yadav, Sharad Pawar and Laloo Prasad Yadav are ahead of Mr. Advani in the popular preference
for the nation's top post..
In fact, for any casual observer of politics in the country, it was evident since 1999 that Ms. Sonia
Gandhi's credentials to become Prime Minister was a non-issue for the majority of the people.
Even after a long drawn campaign against her, the BJP could not gain from this issue. But in
focusing on the issue of the Congress president's foreign origin, the BJP and the media might
have actually helped her acquire an image.
Over five per cent of NES Survey 2004 respondents said they might not have voted for the NDA
if Mr. Vajpayee was not leading it.
After this election who would you prefer as the next Prime Minister of India?

Mayawati flH 3.1

Mulayam Singh YadavMM 2.9

L.K. Advani 10.4
Any one from BJP 10.4
Any one from CongressBo.7
OthcrsHHBH 8.6
No response HHHHH ■118.4
746
INDIAN GOVERNMENT AND POLITICS
A little over two per cent said they might have considered voting for the Congress only if Ms.
Sonia Gandhi was not the leader. It may not be an exaggeration to say that the BJP lost in spite of
Mr. Vajpayee and the Congress gained power in spite of Ms. Sonia Gandhi.
STRATEGIES OF POLITICAL MOBILISATION
Indian democracy has undergone a major transition in the last decade or so. Earlier, most of the
political parties tended to be 'catch all'parties that got support from different sections of society in
more or less even measure. The Congress represented the classic case of a catch-all party; its
support has often been described as a rainbow, since the Congress voters were spread across the I
entire society. The rainbow was thicker at the edges and always included more than its
proportionate share of the votes of the minorities, Dalits and Adivasis.
The level of support did vary from one group to another, but Congress'vote share used to be
within 10 points of its average vote share. The same was reflected in the social profile of other
parties. The arrival of Mandal and Mandir changed this, as India headed for a 'cleavage-based'
politics. Political parties tended to draw much more votes from one section of society. The
Congress' rainbow coalition fell apart as different parties ran away with a slice each of that
rainbow. Parties like the SP and the BSP are classic illustrations of this trend, for most of their
vote comes from one caste group.
The BJP and the Congress have followed different strategies of political mobilisation to respond
to this new situation. The BJP followed a path of sectional mobilisation. The core of the BJP's
support came from the upper caste, well-off Hindus. Since that was not enough to produce a
majority, the BJP looked for and found different communities to supplement its core support in
different parts of the country. The profile of Congress'voters also underwent a change in this
period. The Congress has now become a party that draws most of its support from the poor and
socially disadvantaged groups. But the Congress faces a serious competition for votes of these
groups from regional parties that directly appeal to these communities.
The BJP has been more successful in consolidating its smaller catchment area, while the
Congress has a larger but more fragmented group of potential voters. The Lok Sabha elections
2004 have not changed the basic social profile of voting for the leading parties. But the political
alliances built by the Congress have allowed it to create a stronger alternative social coalitions
that canj challenge the BJP.
TABLE : 1 THE VERDICT 2004 : SEATS AND VOTE PERCENTAGE
Parties Seats Votes (%) Parties Seats Votes (%)
Congress + Allies 222 35.82 MUL 1 0.2
Congress 145 26.69 RPI(A) 1 0.09
RJD 24 2.22 IND (INC) 1 0.02
DMK 16 1.82 NDA + Allies 189 35.91
NCP 9 1.78 BJP 138 22.16
PMK 6 0.56 Shiv Sena 12 1.82
JMM 5 0.48 BJD 11 1.31
TRS 5 0.63 JD(U) 8 2.29
LJNP 4 0.72 Akali Dal (Badal) 8 0.91
MDMK 4 0.43 TDP 5 3.06
PDP 1 0.08 WBTC 2 2.08
LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS 747
Parties Seats Votes (%) Parties Seats Votes (%)
MNF 1 0.05 Other Parties 71 19.93
SDF 1 0.04 SP 36 4.33
IFDP 1 0.07 BSP 19 5.33
NPF 1 0.18 RLD 3 0.64
IND (BJP) 1 0.18 JD(S) 3 1.48
Left Front 61 8.34 AGP 2 0.53
CPKM) 43 5.69 SJP (R) 1 0.09
National Con- 2 0.13
CPI 10 1.4 ference
RSP 3 0.44 Other Inde- 2 3.79
FBL 3 0.35 pendents
NLP 1 0.09
KEC 1 0.09 MIM 1 0.11
IND (LF) 1 0.08 Others 1 5.56
TABLE:2
THE VERDICT 2004 : SEATS AND VOTES (TOTAL SEATS : 543)
Party + Alliance Seats Won 2004 Vote Share 2004 (%)
Congress + Allies :
INC + RJD + DMK + NCP + PMK + TRS + 222 35.82
JMM + MDMK + LJNSP + JKPDP + RPI(A) +
MUL + RPI + AC + KEC(M) + IUML
BJP + Allies :
BJP + SHS + BJD + SAD + JD(U) + TDP + 189 35.91
AITC + NPF + MNF + ADMK
Left Parties :
CPI(M) + CPI + FB + RSVP 61 8.34
Other Regional Parties + Independents : i

SP + BSP + RLD + JD(S) + AGP + SJP(R) NC + 71 19.93

NLP + MIM + Indep. + Others
TABLE : 3
56
52
33

rn
;i4 ;
5£d
52
32
LXJ
48
; 9 -v

42
43
1996
1998
1999
2004
CPI (M) f-S-S-j CPI fill FB W//A RSVP
XUC 1 CCT'O CTDCIICTU IM DADI lAli/ICMT ^^S™^THEC,T1ES
Lok Sabha Scats
J!?2I»iJ999 Lok Sabha Seals
won in 2004

TABLE : 5
ELECTION COMMISSION OF INDIA-GENERAL ELECTIONS,
___________P^FORMANCEjOFJJATIONAL^PARTIES VIS-A
I I___ Candidates
i, 2004 (14TH LOK SABHA) -VIS OTHERS___
Valid
156T 20765229 5484111 22070614 103408949
NATJON PARTIES STATE PARTIES-
REGISTERED (Un-
rea|nised)PAR
112664459 15441786
INDEPENDENTS TOTALj~-------Ji
Table: 6 THE ELECTORATE

w
T
JE
|TJ FtP<SABHA)
lid
Votes%
22 16%
5 33%
1 41%;
> 66%.
5
26 53%
1 80%
62 89%
28.90%
3. 96%

4. 25%

LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS

749
Table : 7 POLLING BOOTHS
TABLE : 8 COST OF ELECTIONS
Borne by Election Commission (crores)
TABLE:9 NUMBER OF CANDIDATES
For Lok Sabha Election
L____
Year Cost of elections Year No. of Candidates
1952 10.45 1952 1,874
1957 5.90 1957 1,519
1962 7.81 1962 1,985
1967 10.95 1967 2,369
1971 14.43 1971 2,784
1977 29.81 1977 2,439
1980 37.07 1980 4,629
1984 78.28 1984 5,493
1989 110.00 1989 6,160
1991 302.79 1991 8,953
1996 1998 508.68 664.00 1996 13,952
1999 880.00 1998 4,750
2004 1100.00 1999 4,648
TABLE:10 VOTING PERCENTAGE IN GENERAL ELECTIONS
General Election Year Male Female Total
First 1952 — — 61.2
Second 1957 — — 62.2*
Third 1962 62.0 46.6 42.0
Fourth 1967 66.7 55.5 33.0
Fifth 1971 60.9 49.11 55.3
Sixth 1977 66.6 54.9 60.5
Seventh 1980 62.2 51.2 56.9
Eighth 1984 68.4 59.2 64.0
Ninth 1989 66.1 56.9 62.0
Tenth 1991 61.6 51.4 56.93
Eleventh 1996 62.06 53.41 57.94
Twelfth 1998 66.18 57.86 61.97
Thirteenth 1999 63.97 55.64 59.99
Fourteenth 2004 — — 57.86
II9
* Calculated on the basis of valid votes polled.SS^^OS^ -Santhemaraha]J]
LOK SABHA ELECTIONS 2004 : EMERGING POLITICAL TRENDS
751
But what is clear is that even though the BJP tried to fight a presidential style election behind one
leader and one slogan, the essential pluralities of Indian politics have defeated it. Rather than
national events having their impact on regional politics, the reverse has happened. The electorate
of Tamil Nadu has made its displeasure with J. Jayalalithaa known in no uncertain terms.
Approval of Naveen Patnaik has seen him retain power in Orissa, while Narendra Modi's brand of
politics has taken a severe knock in Gujarat. Surprisingly Laloo Prasad Yadav did not suffer in
Bihar in spite of his continuing misrule because of the alliances he forged. Under these
circumstances, the kind of alliances struck becomes the key factor between victory and defeat.
Today Sonia Gandhi is the heroine of a political spellbinder, in the elections to the 14th Lok
Sabha, she made the miracle happen : after eight years in wilderness, she brought the Congress
back to power. Allies were Sonia's biggest assets. The tie-ups with DMK, TRS, NCP and RJD
won 118 seats for the Congress alliance, sealing the fate of NDA.
The Congress may have only a slender margin of victory over the BJP but strategic pre-poll
alliances, an anti-incumbency trend and a Sonia wave give it the mandate to lead the nation.
Sonia travelled 64,000 km., addressed 60 rallies for 60 candidates, out of whom 52 won.
But what is clear is that the decisive mandate in Election-2004 has hinged on key battle ground
states spread across the country—Andhra Pradesh and Tamil Nadu in the South, Gujarat in the
West, Bihar, Jharkhand and West Bengal in the East and Delhi, Haryana, Himachal Pradesh and
Uttar Pradesh in the North. The mandate in each of these swing states has combined in a dramatic
way to alter the destiny of the two largest political formations and course of India's economic
policy.
The irony of verdict 2004 is, of course, that the Congress was not the architect of the democratic
upsurge that sent the NDA packing. As the political scientist, Yogendra Yadav has argued (The
Hindu, May 20, 2004), the Congress has been the 'unintended beneficiary' of a social upheaval
caused by Dalits, Adivasis, Women and the Poor.
Cities proved to be the NDA's Waterloo this time. In 1999, the BJP and its allies did much better
in the 74 predominantly urban constituencies than in the rest; they won 56, a success ratio of
three out of four. This time the NDA won only 21 a net loss of 35 seats. The UPA and the left
were the beneficiaries. The Congress added 15 seats to its previous tally of 10; the tally of its
allies went up by 8 seats. The left too added 10 seats to its tally of 5 in the urban centres.
EMERGING POLITICAL TRENDS
The electorate has decisively rejected the Atal Bihari Vajpayee-led National Democratic
Alliance (NDA) and has voted in a Congress-led coalition (United Progressive Alliance
—UPA) spearheaded by Sonia Gandhi.
Contrary to the expectations and predictions of a 'hung parliament' the final figures for
the 14th Lok Sabha indicate an unambiguous mandate for the Congress and its pre-
electoral allies. On its own the Congress has emerged as the largest single party with 145
seats under its belt.
The President, A.P.J. Abdul Kalam, has invited the leader of the Congress Parliamentary
Party and leader of the newly constituted United Progressive Alliance (UPA), Sonia
Gandhi 'for discussions' on formation of the next government. However, the Congress
President Sonia Gandhi humbly declined the post of Prime Minister in keeping with her
'conscience and belief and the interest of providing a strong, stable and secular
government at the centre. With Sonia saying no, Manmohan Singh is set to be Prime
Minister. Sonia's decision has Willed four birds with one stone : • She has erased the
controversial issue of her

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753
have to deal with the self-styled vigilante of the empire. He may be Sonia's first choice but he is
the party's second choice.
The architect of the original post-1991 economic liberalisation/privatisation, Dr. Manmohan,
reiterated that the reforms would continue but 'with a human face.' He made it a point to clarify
that privatisation was not 'an ideological commitment.' Reforms are needed but in a manner that
the benefits go to the common man.
COMMON MINIMUM PROGRAMME (CMP)
On May 27, the United Progressive Alliance (UPA) and its supporting Left parties unveiled the
Common Minimum Programme (CMP) outlining six basic principles for governance for the
Government headed by the Prime Minister, Dr. Manmohan Singh.
The 24-page road map was released at a special function held at the 7, Race Course residence of
the Prime Minister that was attended by leaders of the UPA and the four left parties.
The Prime Minister, Dr. Manmohan Singh, said the basic principles would be to preserve, protect
and promote social harmony; ensure that the economy grows at least 7 to 8 per cent in a sustained
manner; enhance the welfare and well-being of farmers, farm labour and workers; to fully
empower women politically, educationally, economically and legally; to provide for full equality
of opportunity, particularly in education and employment for scheduled castes/tribes, other
backward classes and religious minorities; and to unleash the creative energies of entrepreneurs,
businessmen, scientists, engineers and all other professionals and productive forces of society.
"The UPA makes a solemn pledge to the people of our country; to provide a government that is
corruption-free, transparent and accountable at all times, to provide an administration that is
responsible and responsive at all times," the Prime Minister said, while releasing the document.
Even though the Left parties welcomed and 'broadly endorsed' the CMP, in a separate statement
these parties said they have their 'differing positions' on a range of economic policies and would
advocate alternative polices while continuing support to the Government.
The CMP emerged after several rounds of consultation and discussion within the constituents of
the UPA and with the Left parties. It contains a declaration about scrapping the controversial
Prevention of Terrorism Act and intention of the UPA Government to take the lead in providing
one-third reservation for women in legislatures and the Lok Sabha.
Considering the fact that there were differences within the UPA, especially with the Rashtriya
Janata Dal over women's reservt 'ion, Dr. Manmohan Singh
said : "I would be less than honest to say there is one opinion......we have to
find a practical way." Later, the Congress President, Ms. Sonia Gandhi, in an informal interaction
with correspondents, acknowledged that the task was not easy but said the Government would
have to work for it.
Besides promising to immediately enact a National Employment Guarantee Act to provide at
least 100 days of employment to begin with on asset-creating public works programme every
year, codify all reservations through an act and fulfil all reservation quotas for scheduled
caste/tribes, the CMP spelt out its stand on Telangana, selective privatisation of public sector
undertakings, anrl enactment of the Lok Pal Bill into law.

__________________LOK SABHA ELECTIONS 2004 : EMERGING mu I

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One could argue that Dr. Manmohan will survive and the Government will last as long as
the Congress wants it to. His challenge is to survive Congressism. As for the allies, the
political reality is -that each one of them pitted against an NDA ally back home. Which is
why neither the left nor the allies can afford to
wreck the ship.
There are at least three lessons that could be grasped by the new rulers. One, continuous
attention will have to be paid to the task of nurturing the coalition and the political
alliances behind it. Two, special care to be taken to ensure that contradictions among the
alliance partners in the States do not cast their shadow on the functioning of the coalition
at the Centre. These, serious consideration should be given to the consequences of the
legislative agenda, especially to the items with a divisive potential.
The Congress and the new Prime Minister may have to deal with a lesser number of allies
and supporters than the unwieldy 24-strong conglomeration that Mr. Vajpayee had to
manage but its task would not be any less difficult. In the new dispensation, the
asymmetry between the bigger constituent, the Congress, and the others is not as vast as
was the case with the outgoing
coalition.
As against 145 members of the Congress in the Lok Sabha, the Left will have 61 plus and
Mulayam Singh Yadav's Samajwadi Party 36 (whatever be the nature of association with
the new set-up). But the non-Congress parties in the new ruling combine have a mind of
their own, with a pronounced ideological underpining. The task of evolving a consensus
on major policy issues, both at the decision-taking stages and at the level of
implementation, will require a spirit of mutual accommodation and flexibility (of course,
without sacrificing
core ideological concerns).
There will be the risk of the country being treated to the unseemly spectacle of wrangling
in public, which will need to be avoided in the interest of the credibility and cohesion of
the new government. Nothing will be more damaging than a paralysis in decision-taking.
,
State-level contradictions among some of the constituents of the new combine are sharper
and the consequent problems tougher than before. Think of the clash in the political
interests of the Congress and the Left Front in West Bengal and Kerala, and between the
Congress and the Samajwadi Party in Uttar Pradesh and you will an idea of the enormous
effort required to protect the Centre against the fallout of the wrangles in the States. The
hostility in the relationship between the NDA constituents in Tamil Nadu was far less
acute and yet the Vajpayee-led coalition collapsed under its weight. The task of de-
linking the State-level wrangles from co-operative functioning at the Centre will be far
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Problems and Challenges at the Eve of Independence
At the eve of independence India is known for its underdeveloped economy. Poverty is not only
acute but is also chronic malady in India. The basic characteristics of the Indian economy are :
1. Low per capita income : In the British period the per capita income declined. The per capita
income moved down by about 9 per cent during 1905-06 to 1945-46. The estimates of the earlier
years, show that during the 100 years of British rule, the per capita income remained stagnant,
with a tilt towards downward side.
2. Low living levels : The stagnating per capita income was, however, a symbol of the utter
poverty of the people. This exhibited itself in many ugly facets of their living. They ate a very
inadequate and unbalanced diet. Their clothing was scanty, their housing was primitive and
suffered ill health. Another aspect of their poverty was the prevalence of high birth rate and death
rate. As per 1941 census, the literates were only 17 per cent of the total population. The
percentage was, however, still lower for the rural areas and in the case of women.
3. A weakened economy : During the British rule, the Indian economy had become incapable of a
higher growth rate. With low growth in national income, there was very little that was added to
the stock of real capital of the country. The rate of net investment at the end of the British period
remained stuck at a very low level of 5 per cent of national income. The agrarian relations were
mostly moulded into semi-feudalism.
4. Predominance of agricultural occupations : The stagnating, rather a declining character of the
economy during the British rule is also evident from the unfavourable change in its occupational
structure. Unlike a growing economy where the percentage of workers in agriculture declines and
that in manufacturing, transport and other services increases, the reverse happened in the case of
India. The proportion of working force engaged in agriculture increased slightly and that
engaged in non-agricultural sectors slightly decreased.
To sum up, with falling per capita income and a deteriorating productive structure, India not only
stagnated, it decayed. Dadabhai Naoroji and R.C. Dutt have rightly argued that the basic cause of
India's stagnation was the policy of the British Government. It was pointed out that the British
gave to India a centralized administration, a new judicial system, a law and order agency and
thereby created favourable framework for the country's economic growth, development did not
take place.
After Independence India adopted the strategy of planned development. When a country opts for
planned development, it has to design a strategy for the achievement of its objectives. It implies
essentially a deliberate choice—a choice of the print and timing and manner of attack of the
problem at hand. The term strategy is a long term concept. It is not immediately operational in the
sense that a strategy must look forward for 20 or 25 years. It must be a flexible affair although it
would have certain elements which no doubt would run through in any case.
The basic task of plan strategy is to bring about functional and structural transformation of the
economy in the light of the objectives laid down in various development plans. Since planning is
a long-term continuous process, there is

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STRATEGY OF DEVELOPMENT IN INDIA
759
some of the plans, except in the First plan when the target was lower at 2.1 per cent. The growth rate is
higher than the population growth.
Modernisation : Another objective is to modernise the economy. This means such structural and
institutional changes in the economic activities that can change the feudal and colonial economy, into a
progressive and independent economy. These changes in brief are the following : One for instance is a shift
in the composition of production so that industries contribute a much larger proportion to national income
relative to that by agriculture. Another component of modernisation is the development of a diversified
economy that produces a large variety of goods as in developed economics. Still another change to
modernise the economy consists in the advancement of technology. This is to upgrade the quality of
products, reduce costs and make the economy efficient.
There are then institutional changes to provide a progressive frame for the development of the economy.
These include a variety of efforts. The institution of public sector enterprises is, for example, intended
largely to supply in-frastructural services and surpluses for development. The setting up of financial
institutions and a vast expansion of modern banks, are intended to provide long term, medium term and
short term finances. Agrarian relations are sought to be so reformed as to place the actual tiller at the centre
of agriculture. Institutions have also been envisaged to improve upon the most critical factor of
development, namely human factor for research, training, extension services, administration, etc.
Self-Reliance : The third major objective is to make the economy self-reliant. This is to ensure a more equal
relationship with the world economy, and to reduce our vulnerability to international pressures and
disturbances. This objective has several dimensions one for example is the reduction and ultimately
elimination of dependence in foreign aid. It needs to be emphasised that it excludes aid element of foreign
capital. It does not exclude normal capital movements as market loans, foreign equity investment etc.
Another element of self-reliance is a reduction and ultimate elimination of dependence on imports for
certain critical commodities. This implies import substitution i.e. producing the same commodities at home.
The objective also includes expansion and diversification of exports, so that we are able to pay for imports
from our own earnings of foreign exchange and provide stability in the foreign exchange earnings.
Social Justice : This objective is to render social justice to the poor of the country. This has two principal
dimensions. One, it is aimed at improving the living standards of the weaker sections of the population such
as landless agricultural labourers, artisans, members of Scheduled Castes and Scheduled Tribes etc. Second
is the reduction in the inequalities in the asset—distribution, in particular in the rural areas where land, the
principal source of living for large many, is very unevenly distributed. This objective of social justice
includes a variety of efforts such as special employment programmes for the poor, land reforms to favour
the landless/tiny farmers, supply of concessional/subsidised items for consumption and for production etc.
FIVE YEAR PLANS AND STRATEGY FOR DEVELOPMENT
Strategy of the First Plan : There was no strategy of development as such in the First Five Year Plan (1951-
56), though development of agriculture, transportation and communications was given a higher priority.
Explaining its
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as aSTRATEGY OF DEVELOPMENT IN INDIA
761
(d) raising exports at an annual rate of 7 per cent and to reduce foreign aid to one half.
Accordingly, 23.3 per cent of the total plan outlay was allocated on agriculture and irrigation
development programmes, 19.7 per cent on industry and minerals, 19.5 per cent on transport and
communications programmes, and 18.9 per cent on social services and others. Accordingly, it
gave the highest priority to agricultural development in keeping with the high dependence of the
Indian economy on agriculture. The strategy for industrial development was given a new tinge by
emphasising the importance of dispersal of industries in order to reduce concentration of
economic power, to increase employment opportunities and for balanced regional development.
Disparities of income and wealth were also sought to be reduced through various fiscal and
educational measures. One of the important planks of the Plan's strategy was to increase exports
and reduce imports and to do away with foreign aid gradually. Priorities were so accorded as to
maintain stability and progress towards self-sufficiency in keeping with the overall strategy of
balanced economic growth.
But the strategy failed to achieve the objectives. The plan could do nothing to minimise the
problems of poverty, unemployment and unequalities.
Strategy of the Fifth Plan : The strategy of the Fifth Plan (1974-79) was in keeping with its twin
objectives of the removal of poverty and attainment of economic self-reliance. Among other
things, it envisaged : (i) 4.37 per cent overall growth of gross domestic product; (ii) expansion of
productive employment; (iii) a national programme of minimum needs; (iv) emphasis on agricul-
ture, key and basic industries producing goods for mass consumption; (v) extended programme of
social welfare, and (vi) an equitable prices. Regarding the removal of poverty, the plan stated,
"For a successful attack on poverty, growth and reduction are indispensable." This Fifth Plan
strategy was quite successful in achieving an average annual growth rate of 5.2 per cent in
national income but it failed to make any dent in the problems of poverty, unemployment and
inequalities.
Strategy of the Sixth Plan : The main strategy of the Sixth Plan (1980-85) was to strengthen the
infrastructure for both agriculture and industry so as to create conditions for an accelerated
growth in investment, output and exports to provide increased employment opportunities, and to
remove poverty. As these are inter-related problems, stress was laid on dealing with them through
a systems approach rather than in separate compartments. This involved greater managerial
efficiency and intensive monitoring in all sectors and active involvement of the people in
formulating specific schemes of development at the local level and securing their speedy and
effective implementation.
The strategy for the removal of poverty, emphasised on (a) transferring assets and skills to the
poorer sections of the society, and (b) providing employment in the slack seasons of the year. The
Integrated Rural Development Programme (IRDP) related to the first category and the National
Rural Employment Programme (NREP) to the second category.
To improve the quality of life of the people the Sixth Plan gave high priority to social services.
Social services were to be provided through the Minimum Needs Programme (MNP) which was
introduced in the Fifth Plan.
Strategy of the Seventh Plan : The strategy of the Seventh Plan (1985-90) is to create the
conditions for self sustaining growth and to provide basic minimum needs for all. The overall
strategy is : (i) action to sustain and enhance the momentum of economic expansion and
technological development; (ii) adoption of effective promotional measures to raise the
productivity and incomes of the poorer sections of the population, poorer regions and poorer
states; (iii)762
INDIAN GOVERNMENT AND POLITICS
expansion and qualitative improvement in facilities for health, education and other basic civic amenities;
and (iv) measures for bringing about a sharp reduction in the rate of population growth.
The new agricultural strategy adopts a co-ordinated approach to irrigation, drainage and management of
multiple cropping. The industrial strategy will be on modernisation, investment in balancing equipment and
technology upgrada-tion. Another plank of the Seventh Plan strategy is the expansion and qualitative
improvement in facilities for health, education and other basic amentities through the Minimum Needs
Programme.
Strategy of the Eighth Plan : The Eighth plan (1992-97) is unique in the sense that it attempts to manage
the transition from centrally planned economy to market oriented one without diluting our social
commitments to the underprivileged. It is indicative in nature, recognises human development as the core
of developmental effort, attempts to correct fiscal imbalances while ensuring economic growth and is
performance oriented.
The plan proposes a growth rate of 5.6 percent per annum on an average during the plan period. The level
of national investment is proposed at Rs. 7,98,000 crore and public sector outlay is proposed to be Rs.
4,34,100 crore. Consistent with the expected resource position, the size of the State and UTs plans is
projected at Rs. 1,86,235 crore and of the Central Plan at Rs. 2,47,865 crore. This may be compared with
the Seventh Plan outlay of Rs. 1,80,000 crore split into Rs. 89,466 crore for the States and UTs and Rs.
95,534 crore for the centre.
A look at the allocations made to priority sectors for the Eighth Plan shows that nearly 81.7 per cent of the
total budgetary support to the Central Ministries has now gone to the social, infrastructure and agricultural
sectors. This compared with 70 per cent of the support given to these sectors in the Seventh Plan.7
The approach (strategy) to the Eighth plan has the following fourfold focus:
1. Clear prioritization of sectors/projects for investment in order to facilitate operationalisation and
implementation of the policy initiatives taken in the areas of fiscal, trade and industrial sectors and human
development;
2. Making available the resources for these priority sectors and ensuring their effective utilization; and
completion of projects on schedule avoiding cost and time overruns;
3. Creation of social security net through employment generation, improved health care and provision of
extensive educational facilities throughout the country; and
4. Creation of appropriate organizations and delivery systems to ensure that the benefits of investment in
the social sectors reach the intended beneficiaries.
Based on this strategy, the following objectives have been accorded priority: ,
(i) Generation of adequate employment to achieve near full employment
level by the turn of the century; (ii) Containment of population growth through active people's cooperation
and an effective scheme of incentives and disincentives; (iii) Universalisation of elementary education and
complete eradication of
illiteracy among the people in the age-group of 15 to 35 years; (iv) Provision of safe drinking water and
primary health care facilities,
including immunization, accessible to all the villages and the entire
population and complete elimination of scavanging;
(v) Growfl food a
(vi)
irrigs basis.
The Eighth] need for (a) ( (b) increasing 1 technology, (c)i economy can tee Human dd towards this to tion,
health, dri ture are listed i make people's! development.
Strategy* context of four in of productive emf strategy of the S (i) A vigour and free marke' (ii)
Relianc play. However, i a controller am and an efficient and technology, (iii) Goveri sector
enterpris security is invc (iv) Public private investi (v) The I1 whereby much their on prior greater
resour and to grant % (vi) Envii ment process Strategy include amon rate of gross ness the ben
poverty ratio growth in gs reducing gen potable drinl The PIE sectors and i The Pis compassed i
ments in inlGrowth and diversification of agriculture to achieve self sufficiency in food
and generate surpluses for exports; (vi) Strengthening the infrastructure (energy,
transport, communication, irrigation) in order to support the growth process on a
sustainable
basis.
The Eighth Plan has concentrated on those objectives keeping in view the need for (a)
continued reliance of domestic resources for financing investment, (b) increasing the
technical capabilities for the development of Science and technology, (c) modernisation
and competitive efficiency so that the Indian economy can keep pace with and take
advantage of the global developments.
Human development has been the ultimate goal of the Eighth Plan. It is towards this that
employment generation, population control, literacy, education, health, drinking water
and provision of adequate food and basic infrastructure are listed as the priorities. As a
welcome step, the Eighth Plan seeks to make people's initiative and participation a key
element in the process of
development.
Strategy of the Ninth Plan : The Ninth Plan has been developed in the context of four
important dimensions of state policy—quality of life, generation of productive
employment, regional balance and self reliance. The development strategy of the Ninth
Plan has therefore, indicated the following initiatives:
(i) A vigours private sector, operating under the discipline of competition
and free markets.
(ii) Reliance on market forces does not mean that the state has no role to play. However,
it does imply that the state must withdraw from the role of being a controller and licentror
of private enterprise in areas where market forces and an efficient financial sector will
ensure appropriate decisions on investment
and technology.
(hi) Government need not retain a majority stake in investment in public sector
enterprises except for those that are in the strategic areas where national
security is involved.
(iv) Public investment in infrastructure will have to be supplemented by private
investment in these areas wherever possible.
(v) The Ninth Plan is based on the concept of cooperative federalism whereby much
greater freedom would be given to states to determine not only their on priorities but also
the modalities of public intervention to develop greater resources and responsibilities to
the Panchayati Raj Institutions (PRIs) and to grant greater powers to them for raising
their own resources.
(vi) Environment protection has to be integrated with the overall development process
and the well being of the people.
Strategy of the Tenth Plan : The goals of the Tenth Plan (2002-07) which include among
others : (i) doubling the per capita income in a decade, (ii) growth rate of gross domestic
product (GDP) to be 8 percent per annum, and (iii) harness the benefits of growth to
improve quality of life through reduction in poverty ratio by 5 percentage points by 2007
from 26 percent to 21 percent, growth in gainful employment to keep pace with addition
to labour force, reducing gender gap in literacy and wage rates by 50 per cent and
provision of potable drinking water in all villages.
The Plan document lays due stress on targeting employment-intensive sectors and
programmes to yield 50 million employment opportunities.
The Plan panel is of the considered view that this growth target could be rnmnassed if
efforts are made among others to (i) make larger public invest-
■ —■- '-1 ;~.™-rvuo nilnrative efficiency ofINDIAN GOVERNMENT AND POLITICS
,,.^,™v uUVhRNMENTAND POLITICS
resources; (iii) enact policy reforms with a view to creating an investor-friendly milieu; and (iv)
improve governance and enhance the efficiency of delivery
systems.8
The New Economic Policy
The 'New Economic Policy' embodies some new elements which together forms an integrated
package. The main features are : ,
1. Liberalisation : One important feature of the policy is liberalisation iris respect of regulation
and control of private sector. This marks a change from a" restrictionist regime to a free regime,
thereby permitting the private sector to function more freely in respect of investment, production
and products. Now there has been a delicencing of a number of industries and in the case of
several industries, the ceiling on the production-capacity has been removed.
2. Opening up Economy : Another feature of the new economic policy concerns the external
sector of the economy. There is now a considerable easing of flows into and out of the economy.
Much of imports has been freed from quantitative restrictions like import quotas etc.
Collaborations between the foreign and Indian enterprises are being encouraged with a view to
setting- up of industries and expansion of modern industries with the most modern technologies.
3. Expansion of Private Sector : A distinctive feature of the new economic policy is that it has
enlarged much the scope for the expansion of the private sector, particularly in the corporate
segment of manufacturing industries. This has opened up opportunities even for the
multinationals.
4. New Initiative : The new economic policy has, in fact, initiated a trend towards expanding the
scope for the functioning of the private sector. It also makes a departure from the old regime of
severe regulations and restrictions. The opportunities for greater competition have also been
enlarged.
In this context there came removal of industrial licensing on most products, disinvestments of
government holding in public sector, reduction in the number of products reserved for small
sectors, liberalization and removal of restrictions and encouragement to foreign private capital.
All this mean freedom to private sector to produce whatever it wants, decline in the status and
role of public sector, arrival of foreign goods and investment in Indian Markets and
withdrawal of state or reduction in its role in various social service sectors including housing,
health and education. >*
Sa/ient Features of India's Strategy for Development
The main features of India's strategy for development are : 1. Planning : India has adopted
planning as a medium for development. The most important reason for adoption of planning was
that it was considered a superior way of developing the economy. It was rightly thought that
planning was essential to ensure a quick building of the productive capacity of the country.
Planning was looked upon as an instrument which could enable the government to undertake
many big tasks which cried for big solutions.
2. Mixed Economy : The concept of mixed economy admits the possibility of the existence of
private enterprise side by side with public enterprise. India is regarded a good example of a mixed
economy. In India, the State demarcated the areas for the promotion of industries in the public
and the private sectors. This division was specified in the Industrial Policy Resolution of 1951.
Although the public sector was conceived of as a senior partner in the process of development,
the private sector was to be permitted to exist and supplement the efforts of the public sector
within the overall framework laid down for the economy.
role t as tr, Govei sector ment
4
plann< three j basic aSTRATEGY OF DEVELOPMENT IN INDIA
765
AGENDA FOR DEVELOPMENT
INDIA'S PRIDE : 2,765 models of televisions; 183 types of washing machines; 233 kinds of refrigerators;
74 models of cars; over 50 satellite and cable channels; and expanding cell-phone network.
INDIA'S SHAME: 100 million families without water at home; 150 million household without electricity;
2.8 million people waiting for telephone connections; 40 per cent villages without road connectivity;
clogged sea ports; crammed urban roads.
POWER 60% of families in India do not have electricity at home. 22% of power generated does not reach
the consumers.
WATER 40% of Indians don't have access to drinking water at home; 12 per cent suffer from water-borne
diseases and disabilities.
ROADS 95% of India's highways are of two lanes or less. Since Independence, road length has grown
only eightfold but the traffic on roads has swelled 25 times.
Clearly, the Centre and the states must put their house in order before inviting private investment. In theory
there are three options.
End all subsidies on infrastructure in one stroke. That will alleviate, if not eliminate, the losses of public-
sector infrastructure agencies, provide funds for new projects, and most importantly, make private
investment viable and lucrative. For instance, abolition of power subsidy would generate Rs. 15,000 crore
which could fund 10,000 MW of electricity. But this at best is a Utopian option that will never get political
assent.
Privatise all public-sector infrastructure service providers. The ones that are efficient and profit-making
such as Mahanagar Telephone Nigam Ltd. will be easy to sell. But there may be no takers for the
perpetually sick SEBS and water and sewage agencies. These could be handed over to local communities to
manage, without actually selling government ownership. Such arrangements will obviously require a high
level of government-industry-community co-operation seldom seen hitherto. More fundamentally, worker
resistance will stall any bold privatisation move.
That leaves India with only one real solution, which actually is a combination of many. Commercialise
public enterprises within a two-year framework by taking them out of the purview of the ministries
concerned. Eliminate subsidies according to a pre-determined schedule. Eventually users or taxpayers must
pay fully for all infrastructure services. Link each instalment of subsidy reduction with a tangible
improvement in service quality.
Having done all this, raise investments. Not by a crawl, but by a gallop. Not entirely from public coffers,
but via private channels. Most importantly, don't do any of these directly. Instead, have independent and
transparent regulators devise and implement the agenda.
3. Role of the Public Sector : The development strategy assigned a dominant role to the
public sector. As investment in the heavy sector was very high and as the gestation period
was too long and also with low profitability, the Government felt that heavy industries
should be, by and large, in the public sector. It was for this reason that from the Second
Plan onwards, the Government went in a big way for the expansion of public sector.
4. Heavy industry strategy : The core of the strategy adopted by Indian planners for the
Second Plan and with minor modifications for the subsequent three plans was rapid
industrialization through lumpy investment on

heavy, ■MB
mm
m
maintenance was £ 3' Vs noted for iu i , e ^overnmenf
ir
*e secrmri__,
767
cuuc -
ation m, ~...STRATEGY OF DEVELOPMENT IN INDIA
T bureaucrats fnT-£»-~- ,

of planned development and social justice have proved a hindrance in the path of growth. Thus,
. Jie Centra? o__.

there began the process of liberalization of economy. By middle of 1980s the strategy of
development had become twofold. First was to deem-phasise the role of the government in
economic development by ruthlessly slashing the public sector outlays and opening up the
economy for private enterprise. Second was to tighten the control of the planners over what was
left of the government rule, particularly in the areas of taxation and credit related policies.
The changes in the policy packages towards New Economic Policy started from early 1980s
remained limited and unsystematic. It was from 1991 onwards that a clear well-defined new
economic and development policy was set in. All governments since then have been carrying the
economic reform process forward. The new economic policy is based on the ideas of
liberalization, privatisation and globalization.
Conclusions
While planned development based on mixed economy concept served to provide the necessary
infrastructure for promotion of self-reliant and self-generating economy in the early decades of
independence, it also led to considerable bureaucratic regulations and control which impeded the
pace of change. The assumption was that planning process and the vigilance of the government
would take care of basic aspects of distributive justice and the process of building an egalitarian
society. However, in the changed international economic scenario consequent on the dismantling
of the Soviet Union and the lessons learnt from its command and control approach to economy, it
became necessary for India to re-evaluate the whole process of planned development. Therefore,
in 1991 the new approach to economic development emphasised the need for removal of control,
regulations and permit and the rigid bureaucratic procedure. This is the implication of what is
called liberalisation of the economy.
Something has happened in the last five years that promises to end five decades of infrastructure
inaction. It's as vague as the voter's voice. During the elections of 1998, 1999 and 2004,
politicians found the demand of the voters weren't ideological but woefully basic : roads, power,
water and drainage.
Says Pranab Sen, a senior adviser with the Planning Commission and a co-author of the IIR:
"Critical economic issues like infrastructure have begun to influence political choice. "He hopes
that the day isn't far when populism will take a backseat and the politician's ability to deliver
basic infrastructure to his electorate will determine his future.
That will be the day the Indian voter will demand good infrastructure as his consumer right. That
will be the day India's infrastructure will be as competitive and abundant as electronics and home
appliances are today. That will be the day India will be counted among the ranks of developed
countries.
REFERENCES
1. Ranade, Essays on Indian Economics, p. 171.
2. Dadabhai Naoroji, Poverty and Un-Bntish Rule in India, p. 34.
3. Jawahar Lai Nehru, Discovery of India, p. 255.
4. I.G. Patel, "Strategy of Indian Planning", in Pramit Chaudhari (ed.), Aspects of Indian Economic Development,
1979.
5. Planning Commission, The First Five Year Plan, p. 44.
6. Pranab Mukherjee, "Approach to the Eighth Five Year Plan," Yojana, August 15, 1992, p. 7.
7. /bid., pp. 8-9. Chapter 56

pov beJcINDIA: PROBLEMS OF UNDERDEVELOPMENT.... IMBALANCES

769
lisition from anding the
b what con-(•
fich charac-fcome. Their situation of namely, per income, it is a important nent of the
erdeveloped leaningfully ith J. Viner id potential ible natural [her level of w per capita n of under-
B definition, in aspect of icomes. The the various Developing P per capita )ita ranging itries
which nation and !65 or more. pita income satisfactory
is evident from the high infant mortality, low life expectancy and large lil-literacy. These reflect
the gross inadequacies of such elementary things as drinking water, health and medical services,
educational facilities etc. No wonder, infant mortality is very high at 73 in the low income
economies, 43 in the middle income economies, as against a very low at 7 in the high income
economies. In respect of adult literacy the position is no better either. In the low income
economies as many as 40 per cent are illiterate, while in the middle income economies, the
illiterates constitute 21 per cent of the population. In the high income economies, there are
practically no illiterates. India's status in these terms is equally bad, in fact, worse with infant
mortality at 79, life expectancy at 61 years and illiteracy at 48 per cent (1991).
Perhaps, the ugliest facet of underdevelopment is the abject poverty which holds large many
people in its vice grip. It has been estimated by the World Bank that over a billion (1.116 million)
people are poor, subsisting, on as low as level of consumption of $ 370 per person per year (at
1985 prices). This constitutes 33 per cent of the population of the less developed countries. Of
these, a bulk (633 million), forming 18 per cent of population, is extremely poor, with per capita
yearly consumption at $ 275. Of all those countries, India is one where poverty is most
concentrated with 420 million poor, of which 250 million are extremely poor.
India has 16.87 per cent of the world's population, but only 1.5 per cent of the world's income. In
the five decades since we became a republic, our per capita income in real terms did not even
double but increased by only 91 per cent. The human development indices are deplorably low,
placing India at the 126th position in the world table, far below many countries in East, South-
east and West Asia and Africa that came to Independence much later than it did. In 1950, India
ranked sixteenth in the list of exporting countries of the world; today it ranks forty-third. The
population of Hongkong is less than one per cent of India's (0.7 per cent) and its land area is 0.03
per cent of India's, and Yet it has almost three times the trade of India.
To sum up, we can say that even after five decades of planning, India continues to exhibit the
basic characteristics of an underdeveloped economy. It is in this context that an understanding of
the major issues of underdevelopment should be made. The following are the major problems of
underdevelopment in India :
1. Poverty, 2. Illiteracy, 3. Environmental Degradation, 4. Regional Imbalances
1.POVERTY
Poverty is a social-economic phenomenon which defies and precise definition; its concept and
content varies from country to country depending upon what a particular society accepts a
reasonably good living standard for its people. Thus, in California, U.S.A., it would not be
surprising if a family owning less than two cars may be dubbed as poor. But in India, poverty
manifests itself in its starkest form as a vital of semi-starved, ill clad, deprived millions of
countrymen, thousands of them dying everyday from malnutrition, ill health and lack of basic
amenities; a picture which is both appalling and agonising from any standards of human
existence.
:
There is some controversy about the percentage of population below the poverty line in India.
The criteria for estimating the number of households
- -'-----i—-J-i..:---„! «nnmT./\t^nr\4-D m forme

MM
isc age
en to

is n wen
until
was,
0-6, ,
years
criter
mand
forma
statusINDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES
771
2. ILLITERACY
A glaring feature of an underdeveloped economy is the poor quality of human capital. Most of the
underdeveloped countries suffer from mass illiteracy. Illiteracy retards growth. A minimum level
of education is necessary to acquire skills as also to comprehend social problems. Rural areas
where illiteracy is a rule, are the back-waters of civilization and the centers of superstitions, social
taboos and conservatism.
Article 45 of the Directive Principles of the Constitution urges the State to provide free and
compulsory education for all the children until they complete fourteen years of age. In this
direction the National Policy on Education, 1968 was a further milestone which stressed the need
for strenuous efforts for early fulfilment of the goal laid down in the Constitution. The
Constitutional-amendment of 1976 included education in the concurrent list. This was an
important step which called for a new sharing of responsibility between the union government
and the states in this vital area of national importance. The National Policy on Education, 1986
emphasised that new thrust in elementary education will focus on (i) universal access and
enrolment (ii) universal retention of children upto fourteen years of age, and (iii) a substantial
improvement in the quality of education to enable all children to achieve essential levels of
learning. The literacy rates obtained at the census give a reflection of success of the government
policies and programmes.
Literacy and education are reasonably good indicators of development in a society. Spread and
diffusion of literacy is generally associated with essential traits of today' civilisation such as
modernisation, urbanisation, industrialisation, communication and commerce. It forms an
important input in the overall development of individuals enabling them to comprehend their
social, political and cultural environment better and respond to it appropriately. Higher levels of
education and literacy lead to a greater awareness and also contributes in improvement of
economic conditions. It acts as a catalyst for social upliftment enhancing the returns on
investments made in almost every aspect of development effort, be it population control, health,
hygiene, environmental degradation control, empowerment of women and weaker sections of the
society. Improved levels of literacy also are pre-requisites for acquiring various skills.
Literacy is one of the important social characteristics on which information is obtained of every
individual in the census. For the purposes of census a person aged seven and above, who can both
read and write with understanding in any language, is treated as literate. A person, who can only
read but cannot write, is not literate. In the censuses prior to 1991, children below five years of
age were necessarily treated as illiterates.
The ability to read and write with understanding is not ordinarily achieved until one had some
schooling or at least some time to develop these skills. It was, therefore, decided at the 1991
census that all children in the age group 0-6, will be treated as illiterate by definition and the
population aged seven years and above only is to be classified as literate or illiterate. The same
criterion has been retained at the Census of India, 2001, also. It is not mandatory that to be treated
as literate, a person should have received any formal education or acquired any minimum
educational standard. Literacy status can be acquired through adult literacy classes or by
attending any non-formal educational system. Persons who are unfortunately blind and read ^«
Uvnlllp are also treated as literates.
_3
35
8,402,626 562,010,743
YEARS
228,983,134 336,969,695
129,419,492 225,041,Q48
328,
296,208,952 ~ 31.958,336
1
Jo make the d-ita

i
Jiiiitis
296,208
ls

of
to labelINDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES
- — ■ ■ ^"-AnnACC IM II
__________INDIA: PROBLtMb ur uiiuunu,^,^-. ..._.____________
TABLE 2 : NUMBER OF ILLITERATES, DECADAL DECREASE IN ILLITERATES -.r, OCDPCMTARE
CONTRIBUTION IN DECREASE : 1991, 2001
2 : NUMBER OF ILLITERATES, DECADAL ucunLr>ul_______
AND PERCENTAGE CONTRIBUTION IN DECREASE : 1991, 2001
< ... -fiiutvmf,,,. \ Decadal decrease \
Percentage
contribution
in decrease
100.00
1.08
India, States I Union territories

1.
2. 3. 4.
6. 7. 8. 9. 10. 11. 12. 13. 14. 15.
16.
17.
18.
19.
20.
21.
22.
23.
24. 25, 26
27.
28.
29.
30.
31.
32.
33.
34
I 35
Ilium ^
Himachal Pradesh-Punjab Chandigarh Uttaranchal Haryana Delhi" Rajasthan Uttar Pradesh Bihar Sikkim
Arunachal Pradesh Nagaland Manipur Mizoram Tripura Meghalaya Assam West Bengal Jharkhand Orissa Chhatisgarh
Madhya Pradesh Gujarat Daman & Diu Dadra & Nagar Haveli' Maharashtra Andhra Pradesh Karnataka
Goa Lakshadweep
Kerala Tamil Nadu ( Pondicherry Andaman & Nicobar *
"328^67^288
1,540,150 7,043,608 121,185 2,454,593 5,889,463 1,930,951 21,597,410 62,313,875
31,986,516 142,870 398,323 384,323 613,840 99,553 894,103 702,944 8,476,418
23,906,271 10,220,865 13,396,318 8,111,922 21,512,377 12,661,634 24,712
65,306 22,985,512 31,056,061 16,486,397 252,881 7,695 2,575,157 18,074,652
176,177
^96^208^952
1,194,777 6,379,994
144,413 I 1,984,993 ' 5,598,873 2,155,932 17,935,918 57,810,542 34,968,650 140,495 403,266 561,941 646,287
86,259 727,997 678,184 7,960,619 21,266,590 10,143,063 11,472,584 6,033,286 17,860,686 12,469,293 26,108
72,448 18,998,379 25,689,502 15,132,802 212,484 6,454 2,559,343 14.668,772 159,372
31,958,336
345,373 663,614 -23,228 469,600 290,590 -224,981 3,661,492 4,503,333 -2 982,134 2,375 -4,943 -177,618 -32,447
13,294 166,106 24,760 515,799 2,639,681 77,802 1,923,734 2,078,636 3,651,691 192,341 -1,396
-7,142 3,987,133 5,366,559 1,353,595 40,397 1,241 15,814 3,405,880 16,805
2.08 -0.07 1.47 0.91 -0.70 11.46 14.09 -9.33 0.01 -0.02 -0.56 -0.10 0.04 0.52 0.08 1.61 8.26 0.24 6.02 6.50 11.43 0.60
0.00
-0.02 12.48 16,79 4.24 0.13 0.00 0.05 10.66 0.05

2.
for Jammu and rvasnmn iux *„„ ___
disturbed conditions.
To make data comparable the number of illiterates shown in column 3 against India for the 1991 Census exclude the
number of illiterates of entire Kachchh district, Morvi, Maliya-Miyana and Wankaner talukas of Rajkot district, Jodiya
taluka of Jamnagar district of Gujarat state and entire Kinnaur district of Himachal Pradesh where population enumera-
tion of Census of India, 2001, could not be conducted due to natural calamity. To make the data comparable, the
number of illiterates shown against Himachal Pradesh in column 3 for 1991 Census excludes the figures of illiterates of
entire Kinnaur district where Census of India, 2001, could not be conducted due to natural calamity. . To make the
data comparable, the number of illiterates shown against Gujarat in column 3 for 1991 Census excludes the figures of
illiterates of entire Kachchh district, Morvi, Maliya-Miyana and Wankaner talukas of Rajkot district, Jodiya taluka of
Jamnagar district of Gujarat state where population enumeration of Census of India, 2001, could not be

literates and ite level. The i this decade from Andhra ^counting for i. The states [Tamil Nadu
ercent, 11.43 respectively. e percentage Is they share
terates from iitributing by i the number |es where the |l8, Manipur ss and union decade.
001
t points
Females
0.45 0.76 1.12 4.37 0.63 5.02 5.74 6.13 7.35 13.67
Ihis state due to |
iir.
Malaya-Miyana of Gujarat State ration of Census
g 1901-2001. ,e, have been e mandatory rude literacy [or males and
5.35 per cent
INDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES
775
improved sharply to 16.10 per cent during 1931-41, recording an increase of 6.60 percentage
points. The improvement in literacy during 1941-51 was barely visible with a gain of only 0.57
percentage point. In post-independence period, there has been a more rapid growth in crude
literacy rates. It has grown more than three times form 16.67 per cent in 1951 to 55.30 per cent at
the Census of India, 2001. The crude literacy rate crossed the significant milestone of fifty per
cent in the current census.
The jump of 12.46 percentage points between 1991 and 2001 compares extraordinarily with the
decadal literacy growth of previous decades since 1901. It is for the first time since 1901 that an
increase in two digit percentage points during 1991-2001, has occurred in case of all the three
categories of persons, males and females. The male crude literacy has moved forward by 11.39
percentage points from 52.74 per cent to 64.13 per cent and among females it has gone up by
13.67 percentage points from 32.17 per cent in 1991 to 45.84 in 2001.
In pre-independence period, the male crude literacy rate increased from 9.83 per cent in 1901 to
24.90 percent in 1941, whereas the corresponding increase in female crude literacy rate was from
0.60 per cent to 7.30 per cent. In post independence era the crude literacy rates of males has gone
up by almost forty per cent. The corresponding increase among females is thirty eight per cent.
TABLE 4 : LITERACY IN 1951-2001
INDIA:
Census year Persons Males Females Male-female gap in
literacy rate
1 2 3 4 5
1951 18.33 27.16 8.86 18.30
1961 28.30 40.40 15.35 25.05
1971 34.45 45.96 21.97 23.98
1981 43.57 56.38 29.76 ' 26.62
1991 52.21 64.13 39.29 24.84
2001 65.38 75.85 54.16 21.70
Notes :
1. Literacy rates for 1951, 1961 and 1971 Censuses relate to population aged five years and above. The rates for the
1981, 1991 and 2001 Census relate to the population aged seven years and above.
2. The 1981 Literacy rates exclude Assam where the 1981 Census could not be conducted. The 1991 Census Literacy
rates exclude Jammu & Kashmir where the 1991 Census could not be conducted due to disturbed conditions.
3. The 2001 Census, literacy rates exclude entire Kachchh district, Morvi, maliya-Miyana and Wankaner talukas of
Rajkot district, Jodiya taluka of Jamnagar district of Gujarat State and entire Kinnaur district of Himachal Pradesh
where population enumeration of Census of India, 2001, could not be conducted due to natural calamities.
Literacy rates are, however, more meaningful if the segment of population compulsorily treated
as illiterate by definition is excluded from the total population. Table 3 presents the literacy rates
for the country since 1951. While literacy rates in this table for the 1951, 61 and 71 censuses
relate to the population aged five years and above, those for the 1981, 91 and 2001 relate to the
population seven years and above. The literacy rate for the country as a whole in 2001, works out
to 65.38 percent for the population aged seven years arid over. The corresponding figures for
males and females are 75.85 and 54.16 per cent respectively. Thus three fourth of the male and
more than half of the female population aged seven years and above are literate in the country
u1
today. '' ' " -""~"i-, in imnrnvinp- its literacv rate

by imMmmsm
87.52 82.32 81.82 81.76 /n "
73.66 73 47
72.28 l'^1*
69.97 if'PWa
69.9S ^Ujarat
69.68 Ma'yaaa
69.22 nAmP^
84.01
82.33
81.47
80.50
79.25
77.87
77.86
77.58
76.80
65.41
64.55
63.55
61.92
61.46
60.41
60.26
60.22
•59.70

INDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES

777
22. Karnataka 67.04 Rajasthan 76.46 Karnataka 57.45
INDIA1 65.38 Karnataka 76.29 Haryana 56.31
23 Chhattisgarh 65.18 Orissa 75.95 Assam 56.03
24. Assam 64.28 INDIA 75.85 INDIA 54.16
25. Madhya 64.11 Punjab 75.63 Chhatisgarh 52.40
Pradesh
26. Orissa 63.61 Dadra & 73.32 Andhra 51.17
Nagar Haveli* Pradesh
27. Meghalaya 63.31 Assam 71.93 Orissa 50.97
28. Andhra 61.11 Nagaland 71.77 Madhya 50.28
Pradesh Pradesh
29. Rajasthan 61.03 Andhra 70.85 Rajasthan 44.34
Pradesh
30. Dadra & 60.03 Uttar Pradesh 70.23 Arunachal 44.24
Nagar Havelf Pradesh
31. Uttar Pradesh 57.36 Jharkhand 67.94 Dadar &
Nagar Haveli 42.99
32. Arunachal 54.74 Meghalaya 66.14 Uttar Pradesh 42.98
Pradesh
33. Jammu & 54.46 Jammu & 65.75 Jammu &
Kashmir Kashmir Kashmir 41.82
34. Jharkhand 54.13 Arunachal Jharkhand 39.38
Pradesh 64.07
35. Bihar 47.53 Bihar 60.32 Bihar 33.57
58.60
Note :
1. The Literacy rates for India have been worked out by excluding entire Kachchh district, Morvi, Maliya-Miyana and
Wankaner talukas of Rajkot district, Jodiya taluka of Jamnagar, district of Gujarat State and entire Kinnaur district of
Himachal Pradesh where population enumeration of Census of India, 2001, could not be conducted due to natural
calamities.
3. ENVIRONMENTAL DEGRADATION
After Independence, India lanuched a series of economic plans for rapid expansion in agriculture,
industry, transport and other infrastructure, with a view to increase production and employment,
to reduce poverty and inequality of incomes and to establish socialist society based on eqtiality
and justice. But because of poor planning and in many cases because of mindless and ruthless
exploitation of natural resources, we have degraded our physical environment. By environment
we mean the whole complex of climatic, soil, water and biotic factors on which we all subsist,
and on which our entire agricultural and industrial development depends. Rapid economic
development is turning India into a vast wasteland. If poverty in pre-Independence India was the
result of underutilization of resources, there is every possibility that poverty, unemployment and
inequality would continue to persist due to destruction of environment.
Environmental problems have become serious in many parts of the country and can no longer be
neglected. Environmental problems in a country are affected by the level of the economic
development, availability of natural resources and lifestyle of the population. Poverty presents
special problems for a heavily populated country with limited resources. We cannot afford to go
on ignoring environmental issues, as it may result in becoming more costly to society, through
some problems reaching point of total disaster, claiming a heavy toll of life, productivity and
quality of life in general. The growing activism of voluntary agencies, an explosion of public
interest litigation and the active interest shown by the Courts to redress the situation, all call for a
better implementation of existing laws as well as new regulations. What are the pressing
environmental problems?
Urban air quality has deteriorated in all Indian cities. In particular, air ' —1-J-— -;■!■•■■"" Ko,,Q r-
oarViprl intolerable levels. This

hes COnst Incre

earethP ^cted at ^ asing
_______________INDIA: PROBLEMS OF UNDERDEVhLunvitm .... ■„..,___________________
Ever since 1972, when the U.N. Conference on Environment was held in Stockholm,
pointed attention has been paid to maintain ecological balance4. In India also we have a
plethore of two hundred statues passed by Central and State Governments with the
objective of preventing or controlling pollution in various fields. However, the fact
remains that environmental legislation has not been very effective and vested interests
have obviated the rules thereby endangering human life. In the name of development,
unfortunately the government has allowed landlords, private contractors, mine owners
and industrialists to encroach upon public lands and pastures and literally loot and
destroy forests and mineral wealth. The bureaucrats actively collude with the more
affluent in the destruction of India's environment. Thus, it is a high time that our planners
review the entire position of development and environmental crisis and evolve a new
process of balanced sustainable development which will also preserve the environment
THE MINISTRY OF ENVIRONMENT AND FOREST : EMERGING ROLE
The Ministry of Environment and Forest is the nodal agency in the country aiming at
creating a comprehensive legal and institutional infrastructure for safeguarding the
environment. The activities of the Ministry include framing of rules, notification of
standards, recognition of environmental laboratories, delegation of powers, identification
of agendas for management of hazardous chemicals etc. The existing acts, laws, rules etc.
are also amended from time to time to make them more effective. Amendment Of The
Water (prevention & Control of Pollution) Cess Act, 1977
The Water (Prevention & Control of Pollution) Cess Act, 1977 was enacted to provide
for the levy and collection of cess on water consumed by specified industries and local
authorities to augment the resources of the Central and State Pollution Control Boards.
The existing rates of water cess were revised in 1991 since the responsibility and
workload of Pollution Control Boards increased considerably with the rapid expansion of
industries and towns, and the funds available with these Boards had not kept pace either
with increase in costs or with the overall commitment in involving heavy financial
liabilities. The Water Cess Act is being amended again so as to enhance the water cess
rates thhereby augmenting the resources of Pollution Control Boards. A Bill in this regard
has already been introduced in the Lok Sabha on 15.12.2000.
Labelling of Environment Friendly Products
The Government has instituted a Scheme for labelling of Environment Friendly products
as ECOMARK with a view to provide accreditation and labelling for house-hold and
other consumer products which meet certain environmental criteria alongwith quality
requirements of the Indian Standards Institute for those product. Any product, which is
made, used or disposed of in a way that significantly reduces the harm it would otherwise
cause the environment, could be considered as an Environment Friendly Product. This is
a social scheme to help consumers to contribute their mite in the protection of the
environment. Till date, this Ministry has issued 18 notifications on different products
criteria. A brochure on ECO-MARKhas been brought out for awareness building.
Green Rating Project
The Ministry awarded a project on the green rating of the industry being executed by the
Centre for Science and Environment, New Delhi. The project ^nncmred bv the UNDP.
Eco-rating serves as a mean to recognize good

INDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES

781
in afforestation shall be raised to a minimum of two per cent of the total
outlay.
• During the VII Plan, 20% of the funds under the rural development schemes were
earmarked for the purpose of afforestation resulting in achievement of highest targets (8
million hectares). This earmarking was discontinued from the VIII Plan resulting in
achievement of only 7 million hectares. To achieve the target of 33% forest/trees cover
set by the National Forestry Action Programme (NFAP), 20% of the funds of the various
rural development schemes such as Jawahar Rozgar Yojana, Drought Prone Area
Programme, Desert Development Programme etc. be earmarked for afforestation. This
may be done in consultation with the Planning Commission.
• Under the Integrated Afforestation and Eco-Development Projects Scheme,
multiple rows of strip plantations shall also be allowed due to non-availability of land for
block plantations in some of the States.
• While there is need to step up allocations to forestry sector for enhancing forest cover,
it is equally important that the States ensure timely release of funds provided under the
centrally sponsored schemes of the Ministry to the implementing agencies for their
optimal utilisation. The Central Government shall approve plantation schemes for five
years and release funds directly to the Forest Development Agencies.
• Recognising that land degrdation is a major environmental concern adversely affecting
productivity and socio-economic conditions, suitable measures shall be taken for
addressing the problem.
• 15.5 million hectares of degraded area having natural root stock shall be regenerated
using Joint Forest Management approach.
• About 9.5 million hectares of partially degraded area with depleted natural root stock
and another 6 million hectares of totally degraded and treeless area shall be regenerated
through technology based plantations with substantial investments.
• Bamboo plantations, medicinal plantation projects and coastal shelterbelt plantations
have been identified as thrust areas. In order to have uninterrupted coastal shelterbelt
plantations against cyclonic winds, afforestation on private lands would be encouraged by
making suitable provisions in the guidelines keeping the Orissa model in view.
Joint Forest Management (JFWI)
• All State and Union Territory Governments shall implement the guidelines
(February, 2000) related to JFM issued by the Ministry of Environment and Forests.
• Forest Development Agencies shall be registered under the Societies' Registration
Act, 1860. However, with regard to Village Committees, these may be registered under
the Societies' Registration Act, 1860 or under any local act or rule, or with the
Conservator of Forests.
Forest Fire Control Measures
• State and Union Territory Governments shall map. fire prone areas and ensure that
funds are spent on identified areas on project basis.
• State and Union Territory Governments shall implement the provisions of the National
Fire Prevention and Control guidelines of 1999 issued by the Ministry of Environment
and Forests and take suitable measures for
±i.— j^^fim-. anrl control of forests fires.
INDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES
783
• Adequate expertise shall be developed for prosecuting offenders and training be
organised for undertaking investigation.
• Steps shall be taken immediately for designating special courts for wildlife offences.
• Create effective enforcement infrastructure both within protected areas and outside
protected areas to prevent poaching.
Functioning of Pollution Control Boards and Effective Implementation of Environmental Laws
For effective implementation of environmental laws, the Pollution Control
Boards/Committees shall build up capacity for requisite expertise and infrastructure. To
this end, the following measures shall be taken :
• Induction of academicians, legal professionals, health experts and technologists as
members of the Boards/Committees. This shall be done by June 30, 2001.
• Appointment of multi-disciplinary staff by June 30, 2001.
• Ban on recruitment shall be relaxed for the posts of scientists and engineers in the
Pollution Control Boards/Committees.
• Training of personnel, for which programme shall be drawn up by the Central
Pollution Control Board.
• Streamlining of Consent/Authorisation procedures.
• Inventorisation of polluting sources and pollution load.
• Formulation of Annual Action Plans.
• Publication of Annual State Environment Report.
• Strengthening and upgrading of water and air quality monitoring and laboratory
facilities.
• State Pollution Control Boards (SPCBsVCommittees shall be equipped with full-
fledged laboratory equipment and manpower by June 30, 2001. List of minimum
requirement of equipments shall be circulated by the CPCB to all the SPCBs/Committees
by February 15, 2001
• The North-Estern states and the State of Jammu & Kashmir shall prepare detailed
proposals for strengthening of laboratories and manpower after consultations with the
Chairman, Central Pollution Control Board and Secretary, Ministry of Environment and
Forests, Government of India on February 14, 2001. Proposals shall also be sent for
setting up of Pollution Control Boards by the states of Chhatisgarh, Jharkhand and
Uttaranchal.
Solid Waste Management
• A committee shall examine various environmental issues related to indiscriminate
littering, with particular reference to the disposal of plastic wastes. The Committee shall
be constituted under the Chairmanship of Shri Ranganath Misra, with the Chairpersons of
the State Pollution Control Boards of Tamil Nadu, Andhra Pradesh, Haryana,
Maharashtra, and Uttar Pradesh as Members, and the Chairperson, Central Pollution
Control Board as Member-Secretary. The Committee shall submit its recommendations
to the Central Government by May 31, 2001.
• The Sate and Union Territory Governments shall create common treatment and
disposal facilities for bio-medical wastes, to be situated as far as possible from populated
areas. Spare capacities of facilities at larger
" ' ' -111- ---—l +" *"i»^ wcja+e>B frnrn smaller units._______________NMUWN GOVERNMENT
AND POLITICS__________________________
The State and Union Territory Governments shall complete inventorisa-! tion of hospitals/nursing
home and take legal action against violation of Rules.
,
• Composting of municipal solid wastes shall be promoted by the State and Union Territory
Governments.
• The State and Union Territory Governments shall complete inventorisa-tion of plastics
recycling units by March 31, 2001.
Environmental Education and Awareness
• A programme of volunteers to be called the National Green Army shall be launched involving
the establishment of Eco-clubs in about 100 schools in each district thereby covering around
50,000 schools in the country. • The above programme shall address various subjects for
protecting and improving the environment, e.g., solid waste management, pollution con- ' trol,
afforestation, maintenance of parks and open spaces, dissemination of information and creation of
awareness. ,'
• The State and Union Territory Governments shall be responsible for identifying schools,
teachers and agencies responsible for implementing', j supervising and monitoring the
programme. The State and Union Ter- ' ritory Governments shall launch incentive programmes
for adoption of j Eco-club membership.
• The Central Government shall make available financial assistance for establishing Eco-clubs,
organising orientation of teachers and for resource materials.
• The State and Union Territory Governments shall endeavour to enforce
as a condition license of all cinema halls, touring cinemas and video
parlour to exhibit free of cost atleast two slides/messages on environment
in each show undertaken by them. Short films on environment shall be
shown in one show every day in cinema halls.
• Short programmes (5-7 minutes duration) shall be broadcast by All India Radio and
Doordarshan everyday and there could be, once a week, a longer programme.
• The Government of India and the State and Union Territory Government shall endeavour to
ensure that environment and its problems related to I pollution should be taught as a compulsory
subject. River Cleaning Programme
• The focus shall shift from cleaning rivers to cleaning riverside towns and cities in a holistic
manner, i.e., subjects such as solid waste, municipal garbage must become part of the cleaning
process.
• The State and Union Territory Governments, municipal bodies and the public shall also
participate by making funds available.
• The participation of local bodies by way of contributing funds and/or in kind shall become
part of future proposals. In the absence of local bodies, the State Governments shall take that
burden.
• Public participation by Way of funds and/or in kind shall become an essential part of future
proposals.
• A detailed plan for recovering operational maintenance costs shall become part of the project
proposals in future.
• Upstream activities including treatment of catchment areas of the concerned rivers (including
their minor and major tributaries) shall be planned.INUIA . rnuuL^iyn- ,,, _____
• Efforts shall be made to eradicate open defecation particularly in the urban and semi-urban
areas.
• All institutions of Local Self Government, NGOs, Educational Institutions shall be involved in
a process leading to a succinct code of practices for citizens including conduct at places of
worship on the banks of rivers.
International Issues
The Central Government shall keep the State and Union Territory Governments informed about
developments on international issues related to protection of the environment and forests. These
shall cover all the subjects addressed under the various U.N. Conventions and agreements,
including climate change, biodiversity, ozone protection, disertification, wetlands, forestry and
hazardous
substances.
All the State Governments and Union Territory Governments have been advised by the Ministry
to implement the above decisions taken in different disciplines in the Coimbatore Charter.
4. REGIONAL IMBALANCES
One of the most significant aspects of the Indian polity is that it is an aggregation of regions and
subregions. These regions and sub-regions have a distinct socio-cultural personality within the
framework of the seven natural
regions of India.
The main challenges to India's efforts at building a new national identity by coalescing its multi-
ethnic, multi-religious, multi-caste, multi-lingual population around a unified national
consciousness could be identified at three
points :5
(a) inadequate distribution of goods and services, resulting in economic
disparity and rampant poverty;
(b) persistence of socio-economic inequality between and within the rural and the urban
segments of the people; and
(c) political populism and political exploitation by competing parties and groups by pandering to
divisive and violent communal, caste and
regional sentiments.
Structural violence is in-built in an unequal society. Because a society which is divided within
itself is a society in tension, a society in perpetual tussle between its affluent and impoverished
parts. In this situation, the pent-up frustration and anger of the 'have-nots' leads to tension and
violence.
Regional Imbalances : Meaning
Balanced growth is necessary for the harmonious development of a federal polity. 6 India,
however, presents a picture of extreme regional variations, in terms of such indicators of
economic growth as per capita income, working population in agriculture, the percentage of
urban population to total population, the percentage of government investment in public sector,
etc. Relatively speaking, some states are economically advanced while others are relatively
backward. Even within each state, some regions are more developed while others are almost
primitive. The co-existence of relatively developed and economically depressed states and even
regions within each state is known as
regional imbalance.7
Region, in the Indian context, means a state within the Union of India which is formed on
linguistic basis. But for the purpose of planning, it may an economically backward area with a
state such as northern Bihar, - i -- J,,.,^. arMB of Raiasthan, and dry areas of

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econor strong. one of °nwarc ignoredINDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES
787
INDICATORS OF REGIONAL IMBALANCE
The important socio-economic indicators which reflect regional imbalance in India are—per
capita incomes, population below poverty line, regional location of industries, per Capita Net
state Domestic products Growth Rates of Net State Domestic product, infrastructure Disparities.
Levels of Human Development, etc.
CAUSES OF REGIONAL IMBALANCES
There are certain deterrent factors which come in the way of rapid development of a region; most
important of these are the geographical isolation, inadequacy of economic overheads like
transport, labour, technology, etc.
Historically, the existence of backward regions started from the British rule in India. The British
helped the development of only those regions which possessed facilities for prosperous
manufacturing and trading activities. Maharashtra and West Bengal were the states perferred by
the British industrialists. The three metropolitan cities—Calcutta, Bombay and Madras—
attracted all the industries and the rest of the country was neglected and remained backward.
Further, under the land system of the British, the rural areas were continuously pauperised and the
farmers remained the most oppressed class; the zamindars and the moneylenders were of course,
the only prosperous persons on the rural scene. The absence of effective land reforms allowed the
structure in most of rural India to remain inimical to economic growth. The uneven investment in
irrigation during the British period helped some areas become prosperous under the British rule.
In developing countries, the developed regions are generally confined to urban centres and urban
areas. This is mainly because physical geography controls economic growth in a greater degree in
developing countries than in developed countries. For example, Japan and Switzerland have
overcome the handicaps of mountain terrain but our Himalayan states, viz., Northern Kashmir,
Himachal Pradesh, the Hill districts of U.P. and Bihar and NEFA, have remained backwards and
underdeveloped mainly because of inaccessibility. Climate too plays an important role in the low
economic development of many regions in India as reflected in low agricultural output and
absence of large scale industry.
Some regions are preferred because of certain locational advantages. The location of iron and
steel factories or oil refineries will have to be only in those technically defined areas, which are
optimal from all the standpoints considered together. Naturally, as the process of development
gains momentum, they attract labour, capital, trade and the external economies offered by the
developing regions.
New investment, more so, in the private sector has a tendency to concentrate in an already well
developed area, thus reaping the benefit of external economies. This is but natural from the
private sector point of view, since well developed area offers private investors certain basic
advantages, viz. labour, infrastructure facilities, transport and the market.
Serious regional imbalances resulted during the period of planned economic development since
1950-51. Even though balanced development was strongly endorsed by the Industrial Policy
Resolution of 1956 and accepted as one of the principal objectives of economic planning from the
second plan —„—j,-, ;„ ™.oo+i^Q Kalanforl rporinna] Hpvelnnment was almost completely196lS6 212 103
2,101
2,838
2,700
1,144
3,138
2,378
2,427
1,858
1,742
2,066
1,372
2,548

INDIA: PROBLEMS OF UNDERDEVELOPMENT .... IMBALANCES

of financial resources from the centre to the states; (b) Special area development programmes
directed at development of backward areas; and (c) Measures to promote private investment in
backward areas. We shall deal with these policy measures in greater detail.
Backwardness and resource transfer : The Finance Commission in India have used backwardness
of a state as one of the criteria for the transfer of funds from the central pool to the states. The
resource transfers relate to central assistance for state plans, transfers effected under the
recommendations of Finance Commission, ad-hoc transfers from the centre to the states, the dis-
tribution of assistance for centrally sponsored schemes, the distribution of long-term and short-
term credit from financial institutions etc. It will be clear from Table 12 that the share of the
backward states in plan outlay and in central assistance has declined after the Third Plan. Even
though many new measures had been taken, the share going to the backward states could not be
raised. The basic reason for this is the decline in importance of central assistance as a source of
finance for state plans and the difficulty of some of the states to raise resources for investment
purpose.
TABLE 7 SHARE OF BACKWARD STATES IN OUTLAY AND CENTRAL ASSISTANCE
(Percentage)
Share in outlay Share in central assistance
Plan Backward Special Backward Special
states category states states category states
First Plan 46 — 48
Second Plan 47 —
Third Plan 51 —
Fourth Plan 1 45 46 8 50 19
Fifth Plan
An analysis of the allocation of central assistance during the Fourth Plan shows that the per capita
central assistance to Bihar and U.P., the two most backward states, remained below the average
per capita central assistance to all states. For instance, during the Fourth Plan period, the average
per capita central assistance for the country as a whole was Rs. 63 but the average assistance to
Bihar and U.P. stood at Rs. 57 and Rs. 56, respectively. Among the relatively more advanced
states, Punjab still gets (Rs. 66) higher than the average per capita central assistance to backward
states. In other words, the revised formula for central assistance could not fill the balance in
favour of backward states as was intended. Special Area Development Programme
Special plan schemes have been formulated with central assistance to develop hilly areas, tribal
areas, drought-prone areas. Moreover, schemes of rural development directed towards the
improvement of specific groups like small farmers and agricultural labourers were also located in
backward areas. In course of time, these special schemes for particular target groups, would
become a part of the programme of block level planning for integrated rural development and fall
employment. Incentives to Promote Investment in Backward Areas
Various incentives, both fiscal and otherwise, have been provided in order to tackle the problem
of industrial backwardness and to promote private investment in backward areas. These
incentives have been provided by the centre, the states and public sector financial'institutions.
Some of these incentives are income-tax concession, central investment subsidy scheme,
transport

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Chapter 57
DEFECTION POLITICS IN INDIA
One of the most significant developments in the post-1967 period has been the formation of
numerous coalition governments of widely heterogeneous elements and the continuous process of
changing party affiliation by legislators in large numbers. This has affected the fate of ministries
and the course of state politics. Newer and newer combinations of group and parties came into
being, in many cases 'operation alliance' and 'operation topple' continued side by side. During
1967-73 about 16 State governments were toppled in quick succession with as many as over
2,700 cases of defection by legislators. Over 60 per cent legislators all over the country were
involved in the game. Many of them changing their affiliation more than once and some of them
as many as four or five times within a year. This illustrates how Indian democracy though
numerically the largest in the world is politically extremely weak. Haryana has the dubious
distinction of leading the country in the tribe of 'Aya Rams and Gaya Rams'. It has maintained
this distinction, the latest instance having been provided by Bhajan Lai, Chief Minister, who
along with about 38 state MLAs mostly belonging to the Janata Party, crossed over en masse and
joined Mrs. Indira Gandhi's camp with the obvious aims of saving themselves from ignominy
and ouster from power.
According to one estimate the total figure of defectors in the country probably exceeds 4,000.
Another assessment disclosed that until recentry, one out of every five legislators was a defector.
During 1967-73 period, fifteen of these turncoats became Chief Ministers and 212 were made
Ministers. Again, during the years 1972-77 ten state governments had to quit following
defections. Some states other than those affected earlier were involved during this period—
Gujarat (1976), Manipur (1973 and 1974) and Orissa (1972). Perhaps the most years were 1977-
80—a period which saw the exit of 11 State governments because of defections. After Mrs.
Gandhi's return to power in 1980, 7 State governments fell, but it was only in two states, Assam
and Manipur, that
defections did the damage.
The legislative intent behind the enactment of the 52nd constitutional Amendment-Act, 1985 was
to curb and control the menace of crossing of the floor by the elected representatives of the
people in legislatures. Demands have been made, from time to time, for strengthening the Anti-
defection law on the ground that it has not been able to achieve the desired goal of checking
defection.
DEFINITIONS OF POLITICAL DEFECTION
The word 'defection' generally denotes 'abandonment', 'desertion', or 'run-nine away from duty'.
However, in politics its ramifications include

many ■KiiSS,
^slativ!rZUed^ a ml0?1 Party can h?.°>s been „„_ .

i
793
DEFECTION POLITICS IN INDIA

with the original party; and leaving a party, founding another and then merging it with some other
party or group. Thus, "the politics of defection begins with the shifting of one's political
allegiance culminating in the severance of his connection from a party with any motive
whatsoever."3
THE HISTORICAL PERSPECTIVES
There is nothing unusual in defections in a free democracy. The history of defections is as old as
the oldest parties. Instances offence-sitting legislators, of some of the most eminent public men
and parliamentarians defecting from their parties and changing their political loyalties are not
unknown in British parliamentary history. Peel, the Prime Minister (1841) himself had to desert
the main programme of his 1835 manifesto and address. He was charged with the betrayal of the
party. Two hundred thirty-one Conservatives voted against him and he continued in office with
the help of the free trade Liberals. William Gladstone, the greatest British statesman of the 19th
century, began his parliamentary career as a Conservative member but during 1841-46 he crossed
over to the Liberal side and was made Vice-President of the Board of Trade. In 1886, there was a
mass defection from the Liberal Party under the leadership of Joseph Chamberlain. Winston
Churchill began his parliamentary career as a Conservative but he defected from the Conservative
Party and crossed over to the Liberal Party in 1904. In August 1931, the first Labour Prime
Minister, Ramsay MacDonald, defected from his party when the majority of his own cabinet
refused to go along with him in enforcing full economy cuts in unemployment benefits to save
the country from a general economic crisis.
Defection has also been the salient features of Australian politics and legislators have not
hesitated to shift their loyalties from Premier to an opposition leader and vice-versa. Federal
governments have been toppled due to defections in 1916, 1929, 1931 and 1941. In New Zealand,
the continuous Ministry, which had won a majority of the seats in the 1881 election, found itself
in 1884 in a minority owing to floor crossing by a few backbenchers and had to seek a premature
dissolution.
In India, there is nothing novel in political defection except their magnitude. In the 1937 elections
held under the Government of India Act, 1935, the Congress was returned with absolute majority
in the United Provinces. However, Chief Minister G.B. Pant deemed it proper to induce some
members of the Muslim League to cross the floor and join the Congress. One of them, Hafiz
Mohammed Ibrahim, was included in the Congress Ministry. In January 1950, another group
defection in U.P. occurred when 23 MLAs crossed the floor and formed themselves into what
was called the Jana Congress. A new landmark was reached when in August 1958, after intense
manoeuvring, 98 MLAs, including a number of Ministers, expressed on the floor of the House
their lack of confidence in the then Chief Minister Sampurnanand and he eventually had to
submit his resignation.
In the old Madras state after the first general elections, Congress was a minority. The Governor,
however, invited Rajagopalachari to form the government. Once Rajagopalachari was enabled to
form the government, at least 16 members from the opposition parties crossed the floor to join the
Congress and the Congress became the majority party. Rafi Ahmed Kidwai who had left the
Congress to become one of the founder leaders of the KMPP was persuaded presumably by
Nehru to counter defect to the Congress to become the Food Minister in the Union Cabinet. In
1953, PSP leader Prakasam was lured to Congress on the promise of being made the Chief
Minister of Andhra Pradesh.
mmtm
DEFECTION POLITICS IN INDIA
795
Ministry in the State. The opposition leaders condemned Sukhadia for purchasing defections of
the Congress ranks. When the 44-day old President's Rule in Rajasthan was revoked, Sukhadia
was sworn in as the Chief Minister. The Congress hoped to soon achieve a convincing majority
by securing more defections. On 25th May, 1967, two Swatantra members, Pukhraj Kalani and
Jepa Ram, defected to the Congress. On 26th June, Roop Singh, a Janata Party supported
Independent defected from the United Front. On 4th July, two more Swatantra members viz.,
Jasraj, chief whip, and Mool Chand Katewa, treasurer of the party, joined Congress. Sukhadia
expanded the Council of Ministers to a record number of 35. Of the defectors Hari Singh,
Kanhaiya Lai and Ram Chandra became Deputy Ministers while Samrath Lai and Jasraj were
made Parliamentary Secretaries. By the end of 1969, Sukhadia's team became the largest in the
country numbering as much as 37. This ever expanding size of the Rajasthan Cabinet proved the
interesting hypothesis, "the more the defections, the wider the cabinet."
By 1969, the strength of the Congress legislature party in Rajasthan had risen to 110 in an
effective house of 182 as a result of several fresh defections during the period largely from the
Swatantra Party which lost a total of 21 of its MLAs to the Congress after the 1967 election. Ram
Niwas Mirdha, in a PCC meeting on 17th January, 1969 charged Chief Minister Sukhadia with
being surrounded by defectors. He said the Pradesh Congress Committee had encouraged
defections and welcomed into its fold opportunists who had fought against the Congress
candidates and defeated them at the polls. Whatever else may be said, it is a fact that the Sukhadia
Ministry continued to be firmly in the saddle and provided political stability to the state. This
ministry continued to give a lie to the hypothesis that defections lead to instability or loss of
efficiency or legitimacy of administration.
The Case of Haryana : "Haryana can claim to have set a new pattern of defection politics in the
States. It was the first State where the Congress Ministry was toppled by large-scale defection of
dissident Congressmen. It was
the first to reward a defector with Chief Ministership......."5
The Congress Party secured absolute majority and Bhagwat Dayal Sharma was sworn in as Chief
Minister in March 1967. Only a week after assuming office, the Bhagwat Dayal Ministry was
defeated in the Assembly when its nominee for Speakership lost 40 votes to 37. Later, all the
Congress dissidents formally defected from the Congress to form a new party called the Haryana
Congress. The Haryana Congress entered into an alliance with the opposition groups and formed
a United Front with Rao Birendra Singh as the leader. He was invited by the Governor to form
the Government. With one single exception all the members of the United Front Ministry were
former Congressmen, if not defectors. Later Devi Lai, a prominent Jat leader, threatened to topple
Rao Birendra Singh. He was, therefore, expelled from the United Front. Devi Lai immediately
entered into an agreement with the Congress opposition with a view to punishing Rao Birendra
Singh. The agreement provided for Congress support to a minority government under the Chief
Ministership of Devi Lai if he could succeed in securing the necessary defections from the United
Front to topple the Rao Ministry. In October 1967, four Jana Sangh members had defected to the
Congress Party. One Harjan legislator, Gaya Lai, defecting thrice within a fortnight set a new
record in the chronic of defection politics in Haryana. Actually, it was his name which gave us
the now well known terms "— —A n-"-1'" ■Ram' to describe the political turncoats.The
dnd recrocc,- -^ "ays of AT —

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797
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Partv ^XJaranDEFECTION POLITICS IN INDIA

T.N. Singh as the head was formed. Following the big victory of the Congress (R) in the mid-
term Lok Sabha poll (1971), mass defections (including those of Ministers)6 from the SVD began
to take place and the government was reduced to a minority. Thus, the main cause for the
downfall of C.B. Gupta, Charan Singh and T.N. Singh after the fourth elections was defections
and counter-defections. •
The Case of Bihar : The politics of Bihar since the general elections of 1967 is a story of
experiments in coalition governments and their unstable existence because of continuous
defections. During the next four years, it had as many as eight governments with a life span of
four days to ten months. Six of the eight governments were non-Congress and two were Congress
led coalitions. As many as six of the eight Chief Ministers were defectors.
The coalition government of Mahamaya Prasad Sinha hardly functioned for ten months and was
outvoted on 25th January, 1968 because of defections from amongst the ranks of the coalescing
parties. The new government that was formed in February 1968 consisted only of defectors from
various parties and was led by B.P. Mandal, himself a defector. After 47 days of its formation, the
Mandal government fell while 17 Congressmen led by B. N. Jha crossed the floor. The new
coalition government was formed under the leadership of Bhola Paswan Shastri, who had also
defected from the Congress. But it too did not continue for long. Under pressure of blackmail
from the Raja of Ramgarh, Shastri resigned on 25th June, 1968 and advised the Governor to
dissolve the Assembly.
The party complexion of the assembly after the poll did not change much and a Congress led
coalition came to power on 26th February, 1969. But on 20th June, several members of the
Shoshit Dal, BKD and Hul Jharkhand crossed the floor leading to the fall of the government.
With the help of the defectors, Bhola Paswan Shastri formed the government on 21st June, 1969
but his government ended only eleven days after his assumption of Chief Ministership. On 16th
February, 1970, Daroga Prasad Rai formed a Congress (R) led coalition government which
continued for 306 days and was voted out on 18th December. Then the SSP Chairman, Karpoori
Thakur, formed a new SVD coalition on 22nd December, 1970, which continued for 160 days
and was forced to resign due to defections.
According to a newspaper editorial, nowhere has the record of politicians been so 'obnoxious' as
in Bihar where they behaved "like children clamouring for lollipops."7 Nine coalition ministeries
came one after another and all failed miserably. Most of them had among their ranks some
porfessional defectors who would cross and recross the floor for a price.
The Case of Punjab : After the fourth General elections, a United Front of seven non-Congress
parties and Independents under the leadership of the Akali Dal formed a coalition Ministry in
Punjab. This was followed by non-stop efforts of the Congress opposition to topple the Ministry
and of the United Front to stay in power through the process of inducing defections and counter-
defections. Finally, in November 1979 a group of 17 defectors from the United Front led by Gill,
with the help of the Congress, brought down the Front Ministry and formed its own minority
Government—a Government exclusively by defectors. The Gill Ministry continued its perilous
existence for nine months and on 20th August, 1968, the Congress withdrew its support, as a
consequence of which it fell. Fresh held in February 1969 resulted iq.an Akali-Jana Sangh
coalition798______________________MVLWN GOVERNMENT AND POLITICS___________
majority in the House through defections from the Congress and by admission of Independents
into the party. In March 1970, there was a constitutional crisis which led to the overthrow of
Gurnam Singh's Ministry by the majority group of Akali Dal and Prakash Singh Badal formed his
Ministry on 27th March, 1970. In June 1971, the Badal Ministry was again in trouble from its
internal dissensions—too many MLAs wanting too many rewards. The Congress (R) was also
working for the overthrow of the Ministry. It was planned to install Gurnam Singh as the new
Chief Minister with the active support of the Congress. Some even visualised a coalition Ministry
of the Congress and the would be Akali defectors. Badal came to learn of the plan in time and
advised the Governor to dissolve the Vidhan Sabha for fresh elections.
The Case of Madhya Pradesh : In the 1967 election, the Congress had won
167 seats in the House of 296. D.P. Misra formed a Congress Ministry, but it
was short-lived. 36 MLAs defected form the Congress and the Misra Ministry
was toppled. A United Front government under the Chief Ministership of G.N.
Singh was formed and 19 of the defectors became ministers. There were internal
dissensions and attempts by the Congress to topple the SVD government, but
somehow the SVD coalition stayed in power till March 1969. Towards the end
of March 1969, G.N. Singh and his group returned to the Congress as a result
of which the Congress government under Shyama Charan Shukla was installed.
The Case of West Bengal : The Congress Party in West Bengal failed to
obtain an absolute majority in the 1967 election. A group of Congress defectors
who formed the Bangla Congress secured 34 seats and their leader, Ajoy
Mukherjee, became the Chief Minister in a coalition government of a 14 party
United Front. Soon dissensions appeared and at one stage, disgusted with the
general lawlessness, the Chief Minister himself was on the verge of defecting
from the ruling front and toppling his own government. The Ajoy Mukherjee
Ministry received a deadly blow from the defection of Dr. PC. Ghosh and 16
other MLAs from the Front. Despite losing its majority, when the Ministry
refused to resign or to convene an early meeting of the Assembly, it was
dismissed by the Governor. A minority Ministry of the United Front defectors
was formed by PC Ghosh with Congress backing. The majority support of the
new Ministry, however, could not be tested in the Assembly as the Speaker's
ruling shut the House against itself. More defections and counter-defections
followed and the Assembly was dissolved on 20th February, 1968.
Cases from Bihar, Karnataka and Gujarat : After the massive electoral victory of the Congress
(R) in the Lok Sabha poll of February 1971, the fence-sitters in Bihar politics began to look for
opportunities for defecting to the other side. The strength of the Karpoori Thakur Ministry went
up to 52, a record in history. But several Ministers defected and the Chief Minister was forced to
resign. The fall of Virendra Patil's Ministry in Karnataka after the landslide victory of the
Congress (R) in the 1971 Lok Sabha poll was almost a certainty. Virendra Patil tendered the
resignation of his Ministry on 18th March, 1971 because of large-scale defections from his party.
In Gujarat Hitendra Desai expanded the Ministry as a strategy of survival after the poll results of
1971 and managed to collect a majority through horse trading. But he was forced to resign when
17 MLAs defected;
Ther
the Congr
Shekhar j
to bring i]
they hope<
President
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get a larg(
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Proved count
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s it encours
In the ei
some of the ]\
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continued to 1
Janata Party.
Shanta Kum£
government w
tunity to formDEFECTION POLITICS IN INDIA
799
admission |ional crisis jority group |arch, 1970. its internal ^•ess (R) was |all Gurnam ^ress. Some Id be
Akali jovernor to
ss had won istry, but it jra Ministry phipofG.N. ^re internal rnment, but ^rds the end S as a result ^s
installed.
jfal failed to Sss defectors Jeader, Ajoy |f a 14 party ted with the fpf defecting I Mukherjee jiosh and 16 he
Ministry ably, it was jnt defectors ipport of the ie Speaker's r-defections
ve electoral y 1971, the ecting to the 152, a record pas forced to he landslide \ a certainty. March, 1971
endra Desai wits of 1971 Pas forced to
POLITICAL DEFECTIONS AFTER THE FIFTH, SIXTH AND SEVENTH GENERAL ELECTIONS
In 1971, general elections were held for Lok Sabha and in 1972 some of the States went to the
polls. Mrs. Gandhi's Congress Party got a massive mandate and for some time it appeared as if
there would be no defections. But the process of defection continued unabated. In February 1973,
Nandini Satpathy's government in Orissa was reduced to a minority resulting in its downfall. The
reason was the defection of her Industries Minister with his supporters to the Pragati Party of Biju
Patnaik. The same drama was staged in Manipur where 10 MLAs belonging to the ruling United
Legislatures Party defected and formed a new group and joined hands with Congress and CPI.
The same drama was played in Bihar in February 1973 also, where 15 MLAs belonging to non-
Congress parties decided to join the Congress. Manipur was again the scene of defection politics
in February 1974. In the February 1974 elections Manipur People's Party and Manipur Hills
Union jointly came out with a majority in the Assembly. But just after four months the latter
party decided to leave the government and joined the Progressive Democratic Front and thus the
government was reduced to minority and had a fall. In 1973, Pondicherry also faced the problem
of instability created by defectors who left the ruling DMK and joined All India Anna DMK. In
March, 1975 several MLAs defected from the ruling United Democratic Front and joined the
Nagaland National Organisation, thus resulting in the fall of the Front government.
There was also a concerted move to undermine Charan Singh's position by the Congress (O), the
PSP group with a handful of Socialists joining in, Chandra Shekhar and the Congress for
Democracy of Jagjivan Ram. Their strategy was to bring in as many Congressmen in the Janata
Party as possible. That way they hoped to create a sizable balancing force to Charan Singh's
strength. Party President Chandra Shekhar found his best opportunity when the elections were
announced for the State Assemblies of Maharashtra, Karnataka, Andhra Predesh and several
eastern states in February 1978. He felt that if he could get a large number of Congressmen
elected to these Assemblies on Janata tickets, it would be possible to match Charan Singh's
legislative stregnth in northern states. The Jana Sangh did not object to large-scale induction of
Congressmen in the Janata Party. In Andhra Pradesh out of a total 294 seats in the Assembly,
tickets for 180 seats were given to former Congressmen. In Maharashtra, out of 288 seats roughly
140 were given to Congressmen and others, and in Karnataka nearly 80 out of 224 seats were
given to them. In Assam Congressmen were given tickets only for 25 seats. But since most
Congressmen getting Janata tickets were discredited politicians, the strategy proved counter-
productive. The Janata's image of rectitude was badly tarnished as it encouraged defections which
its constituents had always decried.
In the elections held in 1980, the Congress (I) swept the polls. As a result some of the MLAs in
some states decided to join Congress (I). In Haryana after Lok Sabha elections, Bhajan Lai who
was heading Janata Government in the state en bloc left the party with his supporters and joined
Congress (I). He continued to hold Chief Ministership of the state even after defection from the
Janata Party. In Himachal Pradesh many supporters of the Chief Minister Shanta Kumar, who
belonged to erstwhile Janata Party defected and the government was reduced to a minority. This
provided Congress (I) an oppor-
St
<rte/Union Territory
TABLE
Name of Ministry
Strength
of the Assembly

Cong. supported Soshit Dai Second V.F.

2
- Haryana ?*
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318
81
134
6.
7- Uttar Pradesh
Cong
ress
D- Congress Charan Singh
134
296
296
296
104
104
104
184
425
425
Strength of Ruling,
Coalition Party
164
162 175 162 162
173 40 57
67 165 157 177 53 59 63
106
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DEFECTION POLITICS IN INDIA

801
TABLE 2
NUMBER OF DEFECTORS REWARDED WITH MINISTERIAL OFFICES (MARCH 1967—MARCH 1971)
Defectors rewarded Posts of
with
Territory Cabinet Ministers Deputy Parliamentary Total
Ministers of State Ministers Secretaries
Andhra Pradesh — 1 — — 1
Bihar 26 26 12 2 66
 Haryana 14 11 1 4 30
Madhya Pradesh 18 9 3 — 30
Kerala 4 — — — 4
Mysore — — 1 — 1
Punjab 12 15 13 4 44
Rajasthan — 1 4 — 5
Uttar Pradesh 7 4 4 1 16
West Bengal 7 4 — — 11
Pondicherry 4 — — — 4
Total 92 71 38 11 212
[Source : Subhash C. Kashyap, The Politics of Power (New Delhi, 1974), p. 761
TABLE 3
DEFECTIONS IN INDIA (MARCH 1967—MARCH 1970)
Defections among Defections by
i oiai
Party Members Independents
I. Parliament 138 4 142
II. States
1. Andhra Pradesh 73 57 130
2. Assam 2 2 4
3. Bihar 161 48 209
4. Gujarat 142 16 158
1
5. Haryana 85 24 109
6. Himachal Pradesh 5 7 12
7. Jammu &. Kashmir 3 — 3
8. Kerala 35 5 40
9. Madhya Pradesh 237 25 262
10. Maharashtra 19 1 20
11. Mysore 79 23 102
12. Nagaland 1 8 9
13. Orissa 61 3 64
14. Punjab 114 16 130
15. Rajasthan 25 6 31
16. Tamil Nadu 19 1 20
17. Uttar Pradesh 294 58 352
18. West Bengal 69 9 78
III. Union Territories
1. Delhi 1 — 1
2. Goa 11 — 11
3. Manipur 27 9 36
4. Pondicherry 31 5 36
5. Tripura 10 — 10
Total 1,642 327 1,969
[Source : Subhash C. Kashyap, The Politics of Power (New Delhi, 1974), 37]
Me in wh
, ^fter cause 2 " <° """w °»i theva, *'' fr'»»
DEFECTION POLITICS IN INDIA
803
in policies because each government which came to power followed its own policies, many a time
undoing the work of previous ones. Coalition governments were formed and they continued to be
unstable. The coalitions which were least viable were formed in Bihar and Uttar Pradesh. Both
included such heterogeneous members as the Jana Sangh and the Communist Party of India.
Discipline, so essential for running a government, was at a low ebb. The Chief Ministers were
neither feared nor respected. They were no longer architects of a cabinet and were incapable of
taking any vital decision on their own. In all, the office of Chief Ministership was devalued. This
politics of defection created a lot of inconvenience to the bureaucracy and in a way made it very
strong and powerful. Political morality, constitutionalism, regard for political conventions, party
discipline, and leadership frequently disintegrated. The parties became more factional at the state
level and when the resolution of the intra-party conflict was not possible, they fragmented.
Previously, the party which had benefitted most from defections was the Congress party which
had generally been in power. Now, the defections were largely to other parties. Whoever had the
patronage and spoils to distribute could most easily win over the Independents and members of
other political parties to their fold. The most organised and disciplined parties (the Jana Sangh
and the two Communist parties) probably had less than twenty-five defections each between 1957
and 1968. Loose organisations such as the Swatantra and the PSP have had high defection rates
between 1957-68 of over eighty and hundred respectively. But a large number of Independents,
most of whom had been denied Congress party tickets, accelerated the pace of defection. Not
being Independents of any principles, they were prepared to trade their label and offer their vote
to the highest bidder. A survey of the 'independent' members of the state Assemblies of Bihar,
Haryana. Madhya Pradesh, Uttar Pradesh, West Bengal, Rajasthan and Punjab revealed that about
70 per cent of them later joined different political parties and thus, played a determining role in
toppling and establishing new governments.
To summarise, defections have led to (i) political instability; (ii) the emergence of unstable
coalitions in the states; (iii) de-valuation of the office of the Chief Minister; (iv) increasing power
of the bureaucracy; (v) increasing strenght of the state cabinets; (vi) the formation of minority
governments in the states; (vii) fragmentation of political parties; and (viii) increase in political
corruption and de-valuation of moral values.9
MEASURES TO CONTROL DEFECTIONS
On August 11, 1967, a prominent Congress member of the Lok Sabha, P. Venkatasubbaiah,
moved a non-official resolution seeking the appointment of a committee on defections. The
resolution was passed by the House. In response, Government of India decided to appoint the
proposed Committee in the first week of February 1968. Accordingly, a Committee consisting of
leaders of various political parties, eminent advocates, jurists and other public men was set up by
the Union Home Minister and was asked "to consider the problem of legislators changing their
allegiance from one party to another and thier frequent crossing of the floor in all its aspects and
make recommendations in this regard." Y.B. Chavan was the Chairman of the Committee and
other prominent members were P. Govinda Menon, Ram Subhag Singh, Madhu Limaye, S.N.
Dwivedi, N.G. Ranga, Bhupesh Gupta, C.K. Dapthary, M.C. Setalvad, H.N. Kunzru, Jaya
Prakash Narayan, etc. The Committee was known804
1. Political defecf-r Minister Kr^-i ULIeStc
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The Act tions had ma modifying the
This Act schedule Pm shall fall vaca]
Party; or (b) if direction issue prior permissi, concerned poli( an mdependem nominated men the
date he toolDEFECTION POLITICS I
party to the head of the State, i.e., President/Governor and his decision shall
be final.
The Bill was criticised by opposition parties on several grounds. It was said that reference of a
dispute about defection to the President or the Governor was undesirable because that was likely
to drag the Head of the State in politics. In the Bill it was provided that a legislator would not be
treated as a defector if he left this party after a split and merger with another political party. But
both these terms 'split' and 'merger' which were vital and of great significance were not defined.
The Bill said nothing about legislators who had not been elected on the ticket of any political
party, but as Independent candidates.
JANATA PARTY AND DEFECTIONS
The debate to curb defections was still on when the Janata Party came to power in 1977. The Janata Party
government was, however, determined to curb the evil. Towards the end of May 1977 a Cabinet Committee
comprising Morarji Desai, Charan Singh, Jagjivan Ram and L.K. Advani was set up to examine as to how
political defections could be prevented. Immediately thereafter, the government authorities opened a
dialogue with the opposition parties to their co-operation in the solution of this problem. But the party itself
started encouraging defections in the Rajya Sabha where it did not command a majority. It argued in
defence that the majority that it thus sought in the Upper House would enable it to push through an Anti-
defection Bill in both Houses of Parliament. With the re-emergence of Mrs. Gandhi as the leader of the
Congress in 1978 the leaders again started talking of an Anti-defection Bill. It took 18 months to introduce
a Bill in the Lok Sabha; and when, in August 1978, it brought up a measure to that effect, there was
vehement opposition to it because the necessary consensus had not been obtained. A section of the ruling
Janata Party itself opposed the move. Mr. Madhu Limaye argued that the measure would alter the basic
features of the Constitution.
Jammu and Kashmir has, however, taken the lead by passing an Anti-defection Bill which became law in
October 1979.
ANTI-DEFECTION LAW : FIFTY-SECOND AMENDMENT, 1985 The major contribution of Rajiv
Gandhi government is Anti-Defection Act, 1985; which is known as 52nd Constitutional Amendment Act,
1985. This Act became operative with effect from March 1,1985. The Act is designed to prevent the
scourge of defection of members of Parliament and State Legislatures from one political party to another
and destabilizing government in the process.
The Act was widely welcomed when it was passed in 1985 because defections had made a mockery of
democracy, but lately the need is being felt of modifying the legislation owing to the lacunae which have
found in it.
This Act has added a new Tenth Schedule to the Constitution. This Schedule provides that the seat of a
member of Parliament/State Legislature shall fall vacant: (a) if he voluntarily gives up his membership of
such political party; or (b) if he votes or abstains from voting in such House contrary to any direction issued
by the political party to which he belongs without obtaining prior permission of such party, and such act
has not been condoned by the concerned political party within 15 days from the date of such voting; or (c)
if an independent member after his election joins any political party; or (d) if a nominated member joins
any political party after the expiry of six months from .i -I_.L., un +„„!, r,ofh n« mpmber of the Hous-e;

S
e
lust for ^^.. ; UUinave(p,)rru~ A . .. ■ b

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expel
the r<
longejDEFECTION POLITICS IN INDIA
807
result in their ceasing to be an MP or an MLA under the Anti-Defection Law in the 10th Schedule
of the Constitution. The court held that the object of political morality underlying the Anti-
Defection Law could be achieved if voting or abstaining from voting by a member is confined to
cases when such voting or abstinence: —is likely to bring about a change of Government. —is
likely to prevent a change of Government. —is on a matter which was a major policy and
programme on which
the political party to which the member belongs went to the polls. —is on a motion which was an
integral policy and programme of the
political party on the basis of which it approached the electorate. —is on a motion of confidence
or no-confidence in the Government. The Court further laid down that the direction or whip must
be so worded as to "clearly indicate that voting or abstaining from voting contrary to the said
whip or direction would result in incurring the disqualification under para 2 (1Kb) of the 10th
schedule."
"This was essential so that the member has foreknowledge of the consequence that his
membership of the House would be terminated if he votes or abstains from voting contrary to the
direction or the whip," the court said.
On November 12, 1991, the five judges had given their operative conclusions in which the
majority of three had held that para 7 of the schedule barring the Courts from scrutinising the
Speaker's decision disqualifying an MP or an MLA was unconstitutional since it had not been
ratified by the Legislatures of half of the states.
Ths Supreme Court, by its decision, removed the finality attached to the Speaker's order under the
10th schedule. The Court hold that the Speaker, while acting under the 10th Schedule, is a
tribunal whose decision is subject to Judicial review. Thus the implications of the judgement (The
case of Kihota Hollohon Vs. Zachilhn & others) is that the decisions of the presiding officer can
be scrutinised by the Courts.
DEFECTIONS IN NAGALAND, MEGHALAYA AND GOA
In August 1988, President's rule was imposed in Nagland because 13 MLAs complying strictly
with the term of the Constitution, obtained the Speakers certification to form a new party to stake
a claim to form the government. On July 30, 1988 the speaker accepted that there had been a
legitimate split to create a new party. The next day Mr. Vamuzo claimed the right to form a
government backed by 32 (out of a possible 60) signatures. The then Governor, Gen. Krishna Rao
refused to accept this claim, to the astonishment of the High Court, and proceeded to declare
President's rule. Fresh elections in 1989 resulted in swearing in the Jamir Ministry and in May
1990, the Jamir Ministry has fallen. The Speaker of the Nagaland Assembly had disqualified 10
members of the House under the provisions of the anti-defection law. The Governor had not
taken into account the support of the 10 disqualified legislators, taking the effective strength of
the House at 50 while allowing Mr. Chishi to form a Government. In fact, 12 of the 36 Congress
(I) legislators supporting the Jamir Government had broken away and formed their own party
fulfilling the provisions of the anti-defection law that a strength of one-third of the membership
was needed to justify a split. However, the state unit of the Congress (I) expelled two of these
members from the party, and the Speaker had disqualified the rest from the House on the ground
that ithe criterion of one-third was no
_________________,,,u,niH uuVHRNMENTAND POLITICS_______________________
The Anti-Defection Act has also been mauled by politicians in Manipur too. No party has, in the
recent past, attained absolute majority in the 60-member Assembly. In the 1984 polls the
Congress party could not attain a majority of its own but effected defections to form the
government. That was before the Anti-Defection Act came into being. The next elections, in
1989, saw Congress winning 26 seats which was once again short of an absolute majority.
Six non-Congress parties joined hands to form the United Legislature Front (ULF) coalition. The
strength of the coalition partners ranged between one to 11 seats. The composition of the
coalition and the ambition of Congress leaders was bound to put the Anti-Defection Act to the
ultimate test.
The ULF Chief Minister, R.K. Ranbir Singh, in an attempt to upstage an attempt by a former
minister, Tompok Singh, sought the help of Tompok Singh's rivals in the Congress and seven
rebels were declared 'unattached', following an application from the PCC chief.
Seven others, who were part of the 'conspiracy' to topple the Ranbir Singh government, were
summarily disqualified by the Speaker. Subsequently, three other MLAs were also 'disqualified'.
They all moved the courts and the Supreme Court quashed the disqualifications but the Speaker
avoided compliance. \
In Meghalaya, the provisions of the Act, have been circumvented with f impunity. No party has
ever won a clear majority in the 60-member Assembly ever since the inception of the State.
During the 1988 Assembly elections, the Congress won 22 seats while the other seats were
divided among half a dozen regional parties. A Congress government, led by Purno Sangma, was
sworn in after a split in the largest regional party, the Hill Peoples' L Tnion (HPU), caused by B.B.
Lyngdoh. Subsequently, however, Lyngdoh pulled the carpet from below the Sangma ministry
and formed a coalition government in association with the other regional parties.
And it was Meghalaya that witnessed the strange spectacle of the Speaker. PR. Kyndiah, being
elected the leader of the Congress Legislature Party. He had to give up the post after facing a lot
of criticism but he remained in the limelight after he disqualified five MLAs. The Supreme Court
asked the Speaker to count the votes of four of the disqualified MLAs. The Speaker declined to
do so and conveyed to the Governor that the government had lost majority. It led to the
imposition of President's Rule and the subsequent invitation to the Congress to form the
government.
In April 1989 the Bombay Ministry had fallen in Karnataka when Molakeri, an MLA called on
the Governor with 19 separate letters signed by Lesislators announcing withdrawal of support to
the Ministry. Instead of referring the letters to the Chief Minister or debating whether anti-
defection law should be invoked, the Governor sent a report to the President recommending
dissolution of the Assembly and imposition of President's Rule in the State. In Goa, it was the
resignation of 7 MLA's, including the Assembly Speaker, from the Congress (I) that caused the
downfall of the Ministry headed by P.S. Rane. Since the 7 MLAs who resigned constitute one-
third of the Congress (I) legislature party, they do not attract the provisions of the anti-defection
law.
The facts of the Nagaland crisis are alarming. Twelve legislators decided that the Anti-Defection
Law is an opportunity rather than a restraint. So they defected. Not on any point of principle. Just
simply defected. Their reward was immediate. Each one became a minister in a two-tier 30-
member executive, which is half the strength of the House, and all but six of the new United
Legislature Front. ^fDEFECTION POLITICS IN INDM '.
809
It is quite clear that the entire policy underlying the Anti-defection Amendment has failed. If
quantitative proof is needed, three Governments have fallen in the first five months of the 1990 as
a result of defections. States with small legislature are particularly vulnerable because it is easier
to persuade one-third of a relatively small party in a small legislature to defect. As soon as one-
third rule is satisfied, the defectors are immune, and outside the pale of constitutional expulsion
from the House.
"The Spirit of the Anti-defection Amendment is hardly satisfied because under these precedents
(Nagaland, Meghalaya, Goa, etc.) gang opportunism is preferred to individual opportunism."
The Anti-Defection Act has caused more problems than it had sought to resolve and there is no
way out except to recast the law keeping in view the conditions peculiar to small states.
Recent developments in the three north-eastern states of Nagaland, Meghalaya and Manipur have
again focussed attention on the efficacy of the Anti-Defection Act. Fickle political loyalties, the
multiplicity of regional parties and the small size of State Assemblies in these states have
combined to pervert the provisions of the Act. Indeed, politicians in these states have made a
mockery of the spirit behind the Act. The defeat of the Samata Party's Government led by Mr.
Radhabinod Koijam on May 21, 2001 in the Manipur Assembly soured relations between the
NDA allies as 24 of the 26 BJP MLAs voted against the regime. Not surprising considering that
manipur's MLAs are new converts to both these parties. The BJP's strength had bloated from 6 to
8 and then 26 MLAs; while the Samata party's numbers went up from one to 13 in January 2001
—the result of floor crossings.
The Crucial provision in the Act, that one-third members of a party can cause a split, has been
used to save as well as topple governments subject to the whims and fancies of the Speaker and
the Governor. While the controversy over the disqualification of 4 MLAs had led to the fall of the
Lyngdoh government, the Ranbir Singh government in Manipur was dismissed in the wake of a
controversy over the status of 7 legislators. The unprecedented developments in Nagaland (March
1992) were again the result of the countroversy over the status of 15 MLAs. The development in
the three states also set the judiciary on a collision course with the legislature.
Chandra Shekhar Government: A Defectors' Regime
Chandra Shekhar Government at the Centre was a defectors' regime. Actually, the Congress (I)
had begun to call the shots immediately after the BJP announced its withdrawal of support to the
V.P. Singh government. And the signal was as clear as daylight. When the party announced that it
was willing to extend its support to the Janata Dal minus V.P. Singh it was a direct signal to
Chandra Shekhar to try and split the Janata Dal.
The only uncertainty was how many MPs would follow him. The magic grouping that was
required was 60. This together with the grouping of 211 consisting of the Congress (I) and its
allies would provjde not only a total of 271 to constitute a majority in Parliament but would also
"add upto one-third of the original party's strength. This is the minimum strength required to split
a party and escape the punitive sanctions of the Anti-Defection Act.
In November 1990, there was a split in the Janata Dal; 25 members broke away from the V.P.
Singh led party, formed a nehV group and elected Mr. Chandra as their leaders. The number later
swelled to 38 and after a few days
810
INDIAN GOVERNMENT AND POLITICS
of persistent persuasions (Presumably with the lure of office and power) to 62, The breackaway
faction was recognised as a distinct political party by the Election Commission. Following a
written assurance of unconditional support by the Congress (I) leader, Mr. Rajiv Gandhi, Mr.
Chandra Shekhar was invited by the President to form a ministry. The country thus witnessed the
curious phenomenon, for the first time in its history, of a small minority of 62 forming the
Government, with the support from outside of the largest 195 strong Congress (I) Party.
The Janata Dal leadership expelled 25 MPs from its ranks for antiparty j activities and informed
the speaker that these persons were no longer members ' of the Janata Dal legislature party in the
Lok Sabha. Treating the matter as one of party discipline, the speaker declared these 25 members
as 'unattached' for the purpose of their functioning in the House.
The Speaker served notice on 38 JD(S) MPs, asking them to show cause why action under the
Anti-defection law should not be taken against them and why they should not be disqualified
from Lok Sabha membership. These MPs, in identical explanations, stated that on November 5,
1990, there was a split in the Janata Dal and 63 members pledged allegiance to the JD(S) group
headed by Chandra Shekhar.
This occurred again in the Tenth Lok Sabha when 20 MPs of the Janata Dal, including Ajit Singh
and Ram Lakhan Singh Yadav, walked out of the parliamentary party, claiming a split of more
than one-third of the Janata Dai's total of 59 members.
V. P. Singh sought disqualification of Chandra Shekhar and the other MPs on the grounds that 25
of them had already been expelled a day before the split. This, he contended, had brought down
the residual strength of the group claiming to split to only 33, which was less than one-third of the
Janata Dai's residual strength of 115—140 minus the 25 expelled. Rabi Ray, then Speaker,
however, chose not to go into "the legality of the expulsions" or whether the original Janata Dal
as a party had met before the split in its parliamentary^ wing. Instead, he spoke of "several
lacunae" in the law and "of claims and) counter-claims" and bailed out Chandra Shekhar and
others by giving them the ■ "benefit of doubt". Explains a confidant : "Rabi Ray did not wish to
thrust a fresh general election on the country after just one year!" But a question we must ask is :
was this fair?
Shivraj Patil, Speaker of the Tenth Lok Sabha, did worse even as he lamented about "some weak
points" and "defects" in the antidefection law. He ruled that it was not the job of the Speaker
under the Tenth Schedule to see whether a split had taken place in the original party or not. The
Speaker was only required to ascertain whether the group consisted of not less than one-third of
the members of the legislature party. That was not all. He also did something incredible. He
recognised a split within a split when Ram Lakhan Singh Yadav and seven others broke away
from the original split by Ajit Singh and 19 others even though a decision on the latter's action
was still pending. Equally incredibly, the Speaker, who took almost ten months to give his
decision in the crucial matter, further ruled that law must get precedence over morality!
Tragically, the menace of defections has received great encouragement from these two rulings.
Time was when legislators defected in ones or two. Now they cross over in droves in the name of
splits, most of which are shamelessly spurious and have little to do with the logic of principled
splits in the original party. Witness the recent happenings in the Congress and the DEFECTION
POLITICS IN INDIA-'
811
Janata Dal in UP. What is more, fears expressed by some of us in Parliament have come
true. Apart from encouraging bogus splits, the perverse interpretation of the original
intention has led to fragmentation of political parties and brazen corruption. It has also
empowered Governors to engineer defections through remote control and play politics in
the formation of Governments. UP is again a blatant case in point.
All this has brought about a distressing turmoil and instability in our party system. Most
leaders today see nothing wrong in bringing about splits in other parties in their single-
minded pursuit of power and pelf. P. V. Narasimha Rao started with a minority
Government in 1991. But, by the end of 1995, he had managed to secure a majority and
become the darling of his party. Some of his loyalists lionised him as the "greatest ever!"
Ends now increasingly justify the means, howsoever evil. Few pause of ponder over the
havoc all this is causing.
Uttar Pradesh : Defection Redefined
A controversial interpretation of the Anti-defection Act by the speaker of the Uttar
Pradesh Assembly, virtually redefined the Act and revived Aya Ram Gay a Ram culture.
The ruling related to the alleged defection of 12 BSP MLAs to the BJP during the vote on
the confidence motion moved by Chief Minister Kalyan Singh on October 21, 1997.
Tripathi, the speaker, kept postponing his decision—much to the ire of the BSP, led by
Mayawati. During this time, its MLAs denounced the Speaker as "partisan" and a "BJP
agent". Now that Tripathi has dismissed the 24 petitions against the 12 MLAs—all of
whom were later made ministers by Kalyan—Mayawati is seething all the more.
There are a number of points of law which Tripathi's 148-page ruling does not quite make
clear. On the morning of October 21, 1997, the strength of the BSP in the Assembly was
67. For a split to be recognised under the Anti-defection Act, a third of the MLAs—23 in
the BSP's case—would have had to break away. Tripathi's contention is that there was a
"split" in the BSP just before the House met on October 21 "as a result of which a group
consisting of 26 BSP MLAs was constituted". This group, he says, later came to be called
the "Jantantrik BSP".
Then, says Tripathi, the Jantantrik BSP itself split on January 15. Of its 26 MLAs, 19
remained in the Jantantrik BSP, Seven formed a new group, and merged with Mayawati's
BSP. It was around this time that Kalyan offered ministerial posts to five more BSP
MLAs.
There are some unexplained gaps in Tripathi's sequencing of events. During the assembly
session between January 27 and 29, the Speaker allotted separate seats to the 12 (former)
BSP MLAs terming them "disputed" MLAs. There was no mention of any group of 26 or
19 MLAs. At no stage did Tripathi physically verify the identity of the "26 MLAs who
split the BSP". say BSP leaders.
Tripathi's ruling seems to arrive at some unorthodox legal conclusions. This is what he
says :
—It is not proved that Mayawati was authorisec) to issue a whip on October 20, 1997,
asking all BSP MLAs to oppose the confidence vote. There were no rules, regulations,
by-laws in the party constitution or a resolution to indicate that she was authorised to do
so.
—In the absence of such rules, regulation, by-laws or resolutions, the leader of the
legislature party does not automatically get any authority to issue,-~~JI ii. evidence to t
.. ..^o provide
.„ ^ugn, one of the MLAs, on the floor of the House. -A written whip can be overruled by an oral
whip. -A whip has to be formally served. Mere knowledge of it is not enough. -Breathtaking as
his conclusions may be, Tripathi is unfazed : "Those who are criticising me today will realise the
significance of my efforts tomorrow. There is no automatic disqualification under the Anti-
defection Act."
This final sentence perhaps provides a clue to why Tripathi has not disqualified the seven MLAs
who, he claims, left the Jantantrik BSP and rejoined the BSP. After all, if the Jantantrik BSP had
26 MLAs—Tripathi says it did—it would take at least nine to split it as per the law. Thus, these
mysterious—even unknow—seven defectors become the real villains in the polity says Tripathi.
The Ninety-one Constitutional Amendment Act, 2003 : Strengthening Anti-Defection Provisions
Demands have been made from time to time in certain quarters for ; strengthening and
amending the Anti-defection Law as contained in the Tenth \ Schedule to the Constitution of
India, on the ground that these provisions have ; not been able to achieve the desired goal of
checking defections. The Tenth . Schedule has also been criticised on the ground that it allows
bulk defections | while declaring individual defections as illegal. The provision for exemption
j from disqualification in case of splits as provided in paragraph 3 of the Tenth Schedule to the
Constitution of India has, in particular, come under severe criticism on account of its destabilising
effect on the Government.
The Committee on Electoral Reforms (Dinesh Goswami Committee) in its > report of May,
1990, the Law Commission of India in its 170th Report on "Reform of Electoral Laws" (1999)
and the National Commission to Review the Working of the Constitution (NCRWC) in its report
of March 31, 2002 have, inter alia, recommended omission of said paragraph 3 of the Tenth
Schedule to the Constitution of India pertaining to exemption from disqualification in case of
splits. The NCRWC is also of the view that a defector should be penalised for his action by
debarring him from holding any public office as a Minister or any other remunerative political
post for at least the duration of the remaining term of the existing Legislature or until, the next
fresh elections whichever is earlier. The Act amends Article 75,164 and Tenth Schedule of the
Constitution. It also inserts new Article 361B in the Constitution.
• In Article 75 of the Constitution, after clause (1), the following clauses have been inserted,
namely :
"(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers
shall not exceed 15 per cent of the total number of members of the Lower House of Parliament.
(IB) A member of either House of Parliament belonging to any political party who is disqualified
for being a member of that House under paragraph 2 of the Tenth Schedule shall also be
disqualified to be appointed as a Minister under clause (1) for duration o£the period commencing
from the date of his disqualification till the date on which the term of his office as such member
i DEFECTION POLITICS IN INDIAr
813
would expire or till the date on which he contests; election to any House of Parliament or
Legislature of a state, whichever is earlier.
• In article 164 of the Constitution, after clause (1), the following clauses have been
inserted, namely :
"(1A) The total number of ministers, including the Chief Minister, in the Council of
Ministers in a State shall not exceed 15 per cent of the total number of members of the
Legislative Assembly of that State or, in case of a State having a Legislative Council, the
total number of both the 'Houses of the Legislature of that State.
[
Provided that the number of Ministers, including Chief Minister in a State shall not be
less than twelve.
(IB) A member of the Legislative Assembly of a State or either House of the Legislature
of a State having Legislative Council belonging to any political party who is disqualified
for being a member of that House under paragraph 2 of the Tenth Schedule shall also be
disqualified to be appointed as a Minister under clause (1) for duration of the period
commencing from the date of his disqualification till the date on which the term of his
office as such member would expire or till the date on which he contests an election to
any House of Parliament or Legislature of a state, whichever is earlier."
• After article 361A of the Constitution, the following article has been inserted, namely :
'36IB. A member of a House belonging to any political party who is disqualified for
being a member of the House under paragraph 2 of the Tenth Schedule shall also be
disqualified to hold any remunerative political post for duration of the period
commencing from the date of his disqualification till the date on which the term of his
office as such member would expire or till the date on which he contests an election to a
House, whichever is earlier.
Explanation : For the purposes of this article, the expression 'House' has the meaning
assigned to it in clause (a) of paragraph 1 of the Tenth Schedule.
• In the Tenth Schedule to the Constitution :
(a) in paragraph 1, in clause (b), the words and figure 'paragraph 3 or, as the case may be',
have been omitted;
(b) in paragraph 2, in sub-paragraph (1), for the words and figures 'paragraphs 3, 4 and 5',
the words and figures 'paragraphs 4 and 5' have been substituted;
(c) paragraph 3 has been omitted.
The National Commission to Review the working of the Constitution recommends that the provisions of
the Tenth Schedule of the Constitution should be amended specifically to provide that all persons defecting
whether individually or in groups—from the party or the alliance of parties, on whose ticket they had been
elected, must resign from their parliamentary or assembly seats and must contest
fresh elections..........The defector should also be debarred to hold any public office
of a minister or any other remunerative political post for at least the duration of the remaining term of the
existing legislature or until, the next fresh elections whichever is earlier. The vote cast by a defector to
topple a government should be treated as invalid. The power to decide on questions as to disqualification
on ground of defection should vest in the Election Commission instead of in the Chairman or Speaker of
the House concerned.1.
2.
3.
4. 5. 6.
7. 8.
10
11.
12.
13. 14
___* L,iic perspective
. —.. KJ ana provides teeth to the Anti defection
Before July 7, 2004 more than 250 ministers were axed in various states under the provisions of
the Act. The pruning of cabinets in the states is likely to save over Rs. 250 crore annually.
Normally, such a mega-pruning is likely to -lead to a virtual political^ earthquake, with open
rebellions, mass defections, splits in parties and even re-elections. But the framers of the Act had
the foresight to include a proviso making splits in the legislature wing of the political parties
illegal.14
REFERENCES
" Subhash C. Kashyap, The Politics of Defection (Delhi, 1969), pp. 11-12.
Committee on Defections, Report of the Committee, Report of the Lawyers Group and Explanatory/Dissenting Notes
by Members, Ministry of Home Affairs, Government of India (New Delhi, 1969).
J.C. Johari, Reflections on Indian Politics (New Delhi, 1974), p. 40. Kashyap, n. 1, pp. 36-40.
Subhash C. Kashyap, The Politics of Power (Delhi, 1974), pp. 158-217. Nine SVD Ministers resigned from the
Government. The National Herald, 2 October, 1969.
The reasons for the continued phenomenon of large-scale political defections are: (1) The history and nature of political
parties in India, and particularly the Indian National Congress; (2) the aging leadership bossism and the growth of
establishments with vested interests in the status quo in almost all the parties; (3) the lack of ideological orientation and
polarization among the parties; (4) the low level of popular involvement in the membership objects and activities of
political parties and the virtual indifference of the people to acts of defection by their representatives; (5) in-fighting
and factionalism in the parties which lead to group defections when, for example, party tickets are denied to members
of a dissident faction; (6) the marginal and unstable majorities in state legislative assemblies after the 1967 elections
and the large number of independents ready to trade their labels; (7) conflict of personalities and temperamental ;
incompatibilities between a legislator and his party bosses; (8) the temptations of office—money, | status and the like
—or denial of the same; (9) the tremendous gap between the emoluments, status and other benefits attached to the
office of a minister and that of an ordinary legislator; (10) the existence of powerful lobbies and pressure groups that
command loyalties that are far more intense than loyalties to political parties; (11) the unwillingness of the Congress
Party during 1967-69 to share power and enter into workable coalitions with like minded parties; and (12) hypocrisy in
Indian politics—the wide gulf between profession and practice, between false ideals and political realities in a country
with such dismal poverty and illiteracy, Kashyap, n. 5, pp. 87-88.
l

9. The Union Home Minister, Y.B. Chavan, conceded in the Lok Sabha that the normal practice in Haryana was to
offer Rs. 40,000 for those who join the establishment to offer Rs. 20,000 got with the opposition (Gaya Ram) to topple
the existing ministry. In an interview a scheduled caste Congress legislator of Haryana told Subhash C. Kashyap that
"he was offered Rs. 1 lakh and a ministership as the price for crossing the floor but he declined. "K.L. Kama! and
Ralph C. Meyer, Democratic Politics in India (New Delhi, 1977), p. 120. The official definition of the term 'defection',
as endorsed by the Committee, says : "An elected member of the legislature who had been allotted the reserved symbol
of any political party can be said to have defected, if after being elected as a member of either house of Parliament or of
Legislative Council or the Legislative Assembly of a State or Union Territory, he voluntarily renounces allegiance to,
or association with such a political party, provided that his action is not in consequence of a decision of the party
concerned." The Times of India, February 19, 1969. Madhu Limaye, Contemporary Indian Politics (New Delhi, 1989),
p. 190.
Annual Report 1997-98, Government of India, Ministry of Parliamentary Affairs, New Delhi, p. 61.
Rajeev Dhavan, "Governor, Speakers and Defectors," The Indian Express, May 23, 1990, p. 8. India Today, June 14,
2004, pp. 18-26.
Chapter 58
•- 1 ■

COALITION POLITICS IN INDIA

The term 'Coalition' as it is generally used in Political Science, is a direct descendant of the
exigencies of a multi-party system in a democratic set-up. It is a phenomenon of a multi-party
government where a number of minority parties join hands for the purpose of running the
government, which is otherwise not possible in a democracy based on a one-party system. A
coalition is formed when many splinter groups in a House agree to join hands on a common
platform by sinking their broad differences and form a majority in the House. It is an astonishing
chorus of discords. Though outwardly a coalition appears to be one solid mass, inwardly it is
ridden by party foibles and frantic party fervours and it is for this reason that coalition prove to be
transient.1
MEANING AND NATURE OF COALITION POLITICS
The term 'coalition' is derived from the Latin word 'coalition' which is the verbal substantive of
coalescere—co, which means together and alescere, which means to go or to grow together.
According to the dictionary meaning, coalition means an act of coalescing, or uniting into one
body, a union of persons, states or an alliance. It is a combination of a body or parts into one
whole. In the strict political sense the word 'coalition' is used for an alliance or temporary union
for joint action of various powers or States and also of the Union into a single government of
distinct parties or members of distinct parties. According to
Ogg : ".....the term coalition as employed in political parties, or at all events
members of such parties unite to form a government or ministry."3
The system of coalition has certain important implications. 4 Firstly, coalitions are formed for the
sake of some reward, material or psychic. Secondly, a coalition implies the existence of at least
two partners. Thirdly, the underlying principle of a coalition system stands on the simple fact of
temporary conjunction of specific interest. Fourthly, coalition politics is not a static but a
dynamic affair as coalition players and groups dissolve, and form new ones. Fifthly, the keynote
of coalition politics is compromise and a rigid dogma has no place in it. Sixthly, a coalition
government works on the basis of a minimum programme, which may not be ideal for each
partner of the coalition. After all, politics is the act of the possible and coalition politics is its
highest expression. Seventhly, pragmatism and not ideology is the hallmark of coalition politics.
In making political adjustments, principles may have to be set aside and in this process ideology
is the first-casualty. Lastly, the purpose of a coalition adjustment is to seize power; it may seek to
stake its claim for the formation of a ministry or for pulling a ministry down. As the former
Governor of Punjab D.C. Pavate visualised; if the purpose of forming a coalition is to topple the
existing government without any common programme of action or approach, the coalition,
however, broadbased or cohesive it may be, would not provide for stability and would in its turn
be the victim of the same process of defections.5____________________INDIAN GOVERNMENT
AND POLITICS____________________2_
Quite often coalitions are formed to prevent a common enemy from ca turing power. In this
context the coalescing parties having ideological differei ces are compelled to come to an
understanding, as they have to choose the lesse of the two evils. There have been instances of the
Rightists and Leftists cominj together to challenge the citadels of the ruling party. Equally
interesting is the instance of the communists and anti-communists forging an alliance to face a
common enemy. A coalition devoid of ideological moorings survives till the enemy is humbled.
Once the euphoria victory is over, differences come to the surface and the structurfe collapses like
a pack of cards. I
There are a good number of instances of parties shifting their alliance in search of fresh pastures.
If power is the only motive behind joining a coalition, realignment will be a regular feature.
Indeed, in a coalition set up alliance go on changing like the sand dunes of a typical desert. No
coalition partner has permanent friends or enemies, it has only permanent interests.
Since Independence for quite a long time we witnessed the dominance of
a single party which had a vast majority. Except for 1971 and 1984, the
popularity graph of the dominant party has slowly but steadily declined. On
the other hand, we see the rise of regional parties. Gradually, the number of
political parties represented in the Lok Sabha has increased from 22 in the
First Lok Sabha to 38 in the Thirteenth Lok Sabha . Due to the increase in the
number of political parties, there is a need for coalition government.
Previously, coalitions were confined to part electoral power sharing between parties who fought
the elections on their own. Now, pre-election coalitions are emerging slowly. Even the Congress
for long used to seeing itself as the natural party of governance, better learnt this lesson.
COALITION GOVERNMENTS IN OTHER COUNTRIES
Coalitions are fairly rare in England and experiments have not proved to be very successful. That
is why when faced with the prospective coalition of Russell and Aberdeen in 1852, Disraeli
declared : "England does not love coalitions." However, this remark seems to be an exaggeration
in the light of history because when Pitt the Elder took over in 1757, he joined hands with the
Whig aristocracy represented by the Duke of New Castle. Similarly, in 1782, a coalition ministry
was formed in England when Fox, the leader of the reformers, joined forces with Lord North, the
leader of the opposition party, and formed a great coalition. After the resignation of Lord Durby
in December 1852, a coalition ministry came into being in England, which lasted until January
1855. There was a coalition in 1895 between the Liberal Unionists and Conservatives in Lord
Salisbury's third Ministry. A similar coalition was formed in 1931 when a group of the Labour
Party, a group of the Liberal Party and the whole Conservative Party joined forces under Ramsay
MacDonald. In 1940, the Labour Party, Liberals and Conservatives formed a coalition under
Winston Churchill which lasted until 1945.
In continental countries where there is a multi-party system, coalitions are the rule, not the
exception. There have usually been coalitions in France, Switzerland and in Scandinavian
countires. There are multiplicity of parties which range from six to seven in France and Germany
and in these countries coalition provides a workable means whereby the machinery of the state is
efficaciously run.
Coalition governments have been virtually the norm in continental Europe. By the mid'80s only
Britain, Spain and Greece had single party governments. Coalitions have become as effective as
single party governments. Even the government in Japan is surviving with a difference of few
votes. So a majority of the countries of the world are working with Coalition
governments.COALITION POLITICS IN INDIA
817
COALITION MAKING IN INDIA : BACKGROUND
Just after independence, the Indian National Congress was the only national party which
commanded popularity and respect of the people. This party undoubtedly had a mass base and
grassroots in India. It remained in power both in the Centre as well as in the States right from
1947 to 1967 and it had a monolithic character. But, it also had a coalition character too. The
Congress was a grand coalition with great historic antecedents. This was because it was a party of
the Centre with a bias towards the left adhering to a set of ideals which are shared by other parties
and groups, whether rightists or leftists. The coalition character of the Congress organisation
formed a predominant model providing both intra and inter-party competitive-cum-coali-tion
model without allowing for the alteration of power as far as possible. It created a very peculiar
situation in which non-Congress parties acted essentially as catalysts for groups within the
Congress fold to articulate their discontent and grievances in order to bring about leadership
changes in the single-dominant party system. This is evident from the Presidential election of
August 1969. A group of relatively junior Congressmen (called Young Turks) attracted the leftist
organisations who formed a workable coalition to defeat the official Congress nominee. The old
guard (known as the Syndicate) associated themselves with the rightist forces to defeat the non-
official Congress candidate.
India experienced its first coalition government even before the transfer of power when after first
refusing to share power with the Congress, the Muslim League joined the Interim Government a
month later. The functioning of this 14 members coalition government formed on October 25,
1946, lasting nine months, highlighted the travails of a coalition of unlike minded parties, giving
a good lesson in what a coalition should not do. Naturally, this coalition between a party
opposing partition of the country, and the other bent upon the partition, lacked political
homogeneity; therefore, was doomed from the start. Durga Das in his book "India—From Curzon
to Nehru and After" observes, "The crucial differences between the two wings in the Interim
Government had in truth come into the open much earlier. Both sides voted en bloc and Liaquat
Ali, determined to disrupt the Government from within, adopted invariably an obstructive
stance.....The Congress found this intolerable.....By mid-February Nehru's
patience gave way and he demanded the resignation of the League members."
Perhaps there was also a virtual coalition at the Central level after the Congress split in 1969,
with the Congress (R), CPI and DMK as its more or less stable partners together with some
floating ones, choosing to join hands with it from issue to issue.
First Coalition Government at the Centre (March 24, 1977—March 28, 1979)
The formation of the first Janata Government at the Centre (1977) was the result of an
accommodative attitude of its constituent political groups. Morarji Desai headed the four party
Janata Government for about two years (1977-79) following the 1977 general election.
Technically it was not a coalition because its four constituents had agreed to merge and fought
the election on a single manifesto and on a shared symbol. However, in the beginning it was
agreed that the major groups of the ruling alliance would have two members each in the Cabinet.
The power struggle within the coalition was muted at the time of the formation of the Council of
Ministers. Once Morarji Desai was chosen as Prime Minister, it was upto him to balance the
diverse political elements at the Centre. In the formation of the Council of Ministers Desai kept
his own counsel and packed his Cabinet with his own blind supporters. Everybody felt
in the cabinet.818
INDIAN GOVERNMENT AND POLITICS
In the name of his prerogatives he also filled posts of Governors with his own men. The power
struggle broke out in an acute form when the Janata was
called upon to govern all the North State
TABLE 1
REPRESENTATION FROM CONSTITUENT GROUPS
OF THE JANATA IN THE SIXTH LOK SABHA &
DISTRIBUTION OF SEATS IN THE COUNCIL
OF MINISTERS ON THE BASIS OF
CONSTITUENT GROUPS
Constituent Group Number Number of
ofMPs Ministers
1. Jana Sangh 94 11
2. Bharitya Lok Dal 71 12
3. Congress(O) 50 10
4. Socialist Party 28 4
5. CFD 28 3
6. Ex-Congressmen
(Chandra Shekhar Group) 5 2
7. Others (Like Akali Dal, etc.) 25 2
Indian States. The Governments were formed on the basis of an understanding between the two
strongest Janata Constituents, the BLD and Jana Sangh. The former 'got' Haryana, U.P., Orissa
and Bihar, the latter Rajas-than, M.P., Delhi and Himachal Pradesh. While parties like the former
Jana Sangh which shed their identity to form the Janata conglomerate abided by the Cabinet
decisions, Charan Singh's Lok Dal and the Fernandes faction of the socialists could not adjust
themselves to the new situation. As Mr. L. K. Advani had pointed out when the Janata Party was
in the throes of collapse in 1979, it was partly due to their divergent concepts of party discipline.
The Janata Coalition collapsed like a house of cards in July 1979 when floodgates of defections
opened with the departure of various group leaders like George Fernandes, H. N. Bahuguna, Biju
Patnaik and Madhu Limaye. Even regional groups like Akali Dal and ADMK withdrew their
support. Madhu Dandavate observes, "The Janata Party was apparently a single party, but in
reality it was a combination of the Socialist Party, Bhartiya Jana Sangh, Congress(O), BLD and
the group of dissident Congressmen led by Jagjivan Ram and H. N. Bahuguna. The Janata
Government, committed to a common progressive election manifesto 'Bread with Freedom' had
caught the imagination of the people and had roused their hopes and aspirations. But
temperamental incompatibility of some leaders and fierce inner controversy over the dual loyalty
of the Jana Sangh activists to the Janata Party as well as the RSS wrecked the Janata Party and its
government and paved the way for the breakup of the Janata Party's government, which in reality
was a coalition government,"
Non-governance became the bane of the administration. The struggle between Charan Singh and
Jagjivan Ram on the one hand and infighting between the BLD and the Jana Sangh on the other
hand led to conflicts, confrontation and mudslinging at each-other.8 The differences between the
various political groups which constituted the Janata Government widened and finally the
followers of Mr. Charan Singh left the party and formed a new party Janata (S). A no- confidence
motion was moved in the Lok Sabha by the leader of the opposition against the Janata
Government headed by Mr. Morarji Desai. While the no-confidence motion was being discussed
in the Lok Sabha, the Prime Minister, Mr. Morarji Desai having lost his majority due to defection
tendered his resignation to the President.
Second Coalition Government at the Centre (July 28, 1979—January 14, 1980)
A new coalition government was formed with Mr. Charan Singh as the Prime Minister in October
1979.9 This coalition included leaders and groups from one end of the spectrum to the other—
from the CPI(M) and the CPI on the one hand to those who were close to big business. There was
the pro-west George Fernandes group and the pro-soviet Bahuguna faction in its fold. COALITION
POL11 lus IIN i»mn__________________
On the ground that Mr. Charan Singh had the support of larger number of members than
that of Mr. Desai, the President invited him to form an alternative government. But since
the President knew that Mr. Charan Singh had no absolute majority he asked him to seek
a vote of confidence in the House
within three weeks time.
The party headed by Mr. Charan Singh was a party of defectors and was not recognised
as a party in the Lok Sabha. Consequently, Mr. Charan Singh's Ministry did not last long.
Before facing the Lok Sabha Mr. Charan Singh tendered his resignation to the President
because one of his coalition partner (Congress-I) withdrew its support to his government
but he advised the President to dissolve the Lok Sabha and order a mid-term poll. Third
Coalition Government at the Centre (December 2, 1989—November 10, 1990)
After the Ninth Lok Sabha elections in 1989 the Congress Parliamentary Board decided
not to stake its claim to form a government at the Centre, though it had emerged as the
single largest party in the elections. On December 1, 1989, the National Front met to elect
its leader. It was reported that initially Devi Lai's name was proposed by V. P. Singh and
seconded by Chandra Shekhar, but Devi Lai declined and, instead, proposed V. P. Singh
for leadership. Chandra Shekhar expressed his reservation but as there was no other
proposal, V. P. Singh was declared elected unanimously amidst scenes of wild
enthusiasm. While extending the invitation to V. P. Singh, President R. Venkataraman
observed that since the largest party in the Lok Sabha, the Congress (I) had not staked its
claim to form the government, he was asking V. P. Singh, leader of the second largest
party, to form the ministry. V. P. Singh would have to establish his majority in the House
by winning a vote of confidence within 30 days. The BJP on November 29 expressed its
readiness to give general but 'critical' support to the National Front Government. Though
the BJP was aware that it would be supporting a minority government; it had agreed to
support it from outside to end the Congress rule at the Centre. The BJP spokesman
wanted the National Front to take note of BJP's reservations—on Article 370, Uniform
Civil Code, Human Rights Commission and Ram Janambhoomi— Babri Masjid issues
and hoped National Front would exert to obviate them. The four left parties—CPI,
CPI(M), the RSP and the Forward Bloc also informed the President in writing about their
support to the National Front Government. Thus as a result of the November, 1989 Lok
Sabha elections, the country witnessed the first minority-cum-coalition government at the
Centre, though it is supported by a majority of the MPs. Almost all the non-Congress
groups—big and small, Rightists and Leftists have joined hands to back the National
Front led by V. P. Singh. As Prime Minister V. P. Singh said, his is a minority coalition
Government with majority backing—that of the partners of the National Front—the BJP
and the CPM. The latter two are basically hostile to each-other and, interestingly neither
would support the Government if the other becomes a co-sharer of power with the
National Front.
In mid-1990 the BJP and the Vishwa Hindu Parishad announced their decision to go
ahead with the construction of the Ram Temple and gave a call to people all over India to
converge on Ayodhya to render Kar Seva. The BJP leader L. K. Advani started a
spectacular Rath Yatra from Somnath in Gujarat to Ayodhya in U.P. The BJP threatened
to withdraw support to the National Front Government if Advani was arrested.10 V. P.
Singh was not daunted by this threat and on October 23, Advani was arrested by the
Bihar Government under the National Security Act. A delegation of the BJP led by A. B.
Vajpayee met the President on October 23, 1990 and presented a letter withdrawing " ^
Q
i"crh Government. The withdrawal of the BJP's
support________________________INDIAN GOVERNMENT AND
POLITICS___________________________
deprived the National Front Government of a majority of the Lok Sabha. Hectic behind—the
scene activity was going on between Chandra Shekhar and the Congress (I) and there were
reports in newspapers about the possibility of Congress support to Chandra Shekhar's group, if he
had sufficient strength to break away from the Janata Dal without attracting the anti-defection
law. Madhu Dandavate observes, "The National Front's coalition was destablished only by the
power motivations of dissidents in the Janata Dal. It is a classic example of how disparate
elements like the Congress opposing the coalition ; government's decision to implement the
Mandal Commission's recommendations, the BJP which with its pronounced communal stance
wanted to settle its score on the issue of Mandir-Masjid controversy in Ayodhya raised to
sidetrack the Mandal issue and Chandra Shekhar who wanted to avenge the election of V. P.
Singh as the leader of the Janata Dal in Parliament in the wake of his total opposition, had forged
an unholy alliance to break up the coalition headed by V. P. Singh."11
V. P. Singh's coalition government remained in power for eleven months. About the working of
this government, the President R. Venkataraman observes, "It is my impression that if V. P. Singh
had headed a government with a clear majority instead of depending on a conglomeration of
parties mutually destructive to each-other, he would have given a good administration to the
country. Being dependent on parties with different objectives and ideologies, he could not
withstand pressures from discordant groups."12 Fourth Coalition Government at the Centre (November
11, 1990—July 21, 1991)
V. P. Singh's coalition government was defeated by 142 votes for and 346 against the confidence
motion on November 7, 1990 in the Lok Sabha. By November 8, all major political parties
declined to shoulder the responsibility for administration. Chandra Shekhar had already staked his
claim to form the government with the help of the Congress (I), the AIADMK, BSP, Muslim
League, J & K National Conference, Kerala Congress (M), Shiromani Akali Dal (Panthic) and a
few independent members.13 It was like a small party, supported by a very large one from outside,
would be a case of the tail wagging the head. Having taken the view that dissolution of the Lok
Sabha was not desirable in the national interest, the President of India considered the claims of
Chandra Shekhar for forming the government. The Congress (I) did not stake a claim for forming
the government but offered unconditional support to Shri Chandra Shekhar. Hence the President
has invited Shri Chandra Shekhar to form the government and prove his majority in the Lok
Sabha on or before November 30, 1990. There was a sharp criticism of the President that calling
"defectors" to form a government was immoral and against the spirit of democracy.
After the formation of Chandra Shekhar government, the Congress and the AIADMK mounted
pressure for dismissal of the DMK government on the plea of breakdown of law and order in
Tamil Nadu. As the Governor of Tamil Nadu, Mr. S. S. Barnala had declined to recommend
dismissal of the DMK Ministry, the Union Government had ordered the transfer of Mr. Barnala,
Governor of Tamil Nadu, to Bihar as its Governor. But Barnala had declined to accept the
transfer and sent in his resignation to the Union Government.
There was a thaw in the relationship between Chandra Shekhar and Rajiv Gandhi. Rajiv Gandhi
went on to express dissatisfaction with Chandra Shekhar's Gulf policy, the Punjab initiatives and
the deepening economic crisis. He was annoyed with Chandra Shekhar for not dropping the
;
disqualified members from the cabinet. On the petty issue of two policemen of Haryana were
caught maintaining a 'surveillance' on Rajiv Gandhi, Chandra Shekhar ; presented his letter
of resignation on March 6, 1991 and advised dissolution of j the Lok Sabha. This situation was
a little more complicated than on the earlier

I
821
COALITION POLITICS IN INDIA

occasions as there were a number of financial measures to be adopted before the House could be
dissolved. There would be financial chaos if no provision was made for the coming year as no
expenditure could be incurred after April 1, 1991. The Railway Budget, supplementary grants for
fiscal year 1990-91 and sanctions for excess expenditure, as well as budgets for the States under
President's Rule had to be adopted. Besides, constitutional action for postponing elections in
Punjab was an immediate necessity. The President R. Venkataraman observes about the working
of the coalition government under the leadership of Chandra Shekhar, "During his few months in
office, he had handled Parliament competently and was responsive to suggestions from the
opposition. He was under constant strain from the pressures of the Congress Party, which I am
afraid, assumed that it was the real government and Chandra Shekhar only a proxy. The office
hungry coterie of the Congress party used to misguide Rajiv Gandhi that Chandra Shekhar's
attempts at building up a good image could prove deleterious to his image.......I realised that
unequal combinations are always disadvantageous to the weaker side."14
Fifth Coalition Government at the Centre (June 1, 1996—April 20, 1997)
India entered an era of coalition politics as a hung house emerged for the third time in as many
general elections. But unlike the last two rounds, the verdict appeared none to clear. Among the
national parties, only the Congress and the BJP between them won 301 seats, while five other
national parties including the Janata Dal and the CPI(M) picked up another 102 seats. The
remaining 140 seats were shared by the regional and smaller parties besides three independents.
With the three major national gombines headed by the Congress, BJP and JD falling far short of a
simple majority in a house of 543, small parties played a key role in the numbers' game. In the
event, it took 13 of them, apart from the Congress support from outside to prop up H. D. Deve
Gowda's United Front Government.
The United Front had no working majority in the Lok Sabha. The choice before the Congress was
between forces of Secularism and of Communalism. Opting for a secular government, Congress
extended support to the United Front Government headed by Deve Gowda who was unanimously
chosen as the leader of the UF in Parliament by its constituents. By the political compulsions of
secular politics, altogether a different pattern of coalition government at the Centre supported by
CPI(M) and Congress from outside has evolved.
The United Front Coalition Government headed by H. D. Deve Gowda was like a chariot being
pulled at times in different directions by 13 horses.15 There were personality clashes among the
United Front leaders and because of this they lacked cohesion. It worked as if ideology had taken
the back seat and ego clashes were reigning supreme. The fact is that during the last six months of
its existence, the UF Steering Committee had become a super cabinet and many of the coalition
party leaders were trying to act as super Prime Ministers.
Sitaram Kesri's decision to withdraw support to the Deve Gowda Government has thrown the
nation into a fresh political turmoil. Ever since Kesri took over as the party chief in September,
1996, he began nursing serious doubts about the wisdom of continuing to support the government
from outside. The Congress President Kesri was stung by a CBI team questioning him on his
allegedly disproportionate assets and he pulled the rug of outside support and the Gowda
Government fell. On April 11,1997, the UF under Deve Gowda went down fighting, with 190
ayes against 338 noes in the vote of confidence. No principles, ideologies or welfare programmes
for the people were involved on either side. It was a naked struggle for power and self survival on
all sides. It was claimed by some that those in power were selective in instituting police .M-^n^oa
r,RT investigations and court cases against their rivals and were 822
INDIAN GOVERNMENT AND POLITICS
infact indulging in official blackmail which was sought to be met by counte: blackmail of
support withdrawal.
The United Front Coalition was neither united, nor was it a front. 'Front means an
assembly of parties with broadly similar outlooks or aims. There was no similarity of
outlook between, say, a Murasoli Maran and a C. M. Ibrahim or a P. Chidambaram and a
Ram Vilas Paswan. The United Front was disunited even on basic issues, like whether
India should participate in the new international trade regime or whether services such as
power and roads should be economically priced.16 The UF was even shaky because none
of its 13 con-1 stituents had obtained even 10 per cent of the popular vote. They had no;
mandate to formulate a national policy. The UF was cobbed together with the sole
objective of keeping the B JP out of the South Block.
Sixth Coalition Government at the Centre {From April21, 1997—March 19, 1998)
On April 19, the Left parties managed to prevail on the United Front partners in the
election of a 'Consensus' candidate for the post of Prime Minister. CPI(M) General
Secretary Harkishan Singh Surjeet successfully blocked the names of candidates whom
the Left parties did not like to see as the Prime Minister. Bihar Chief Minister Laloo
Prasad's name was blocked by the Left leaders on the ground that a person facing
corruption charges should not be selected for the post. Samajwadi Party Chief Mulayam
Singh Yadav's candidature was also blocked because of recent embitterment of relations
between SP and the CPI. The Left parties were not willing to accept G. K. Moopnar as
Prime Minister because of his proximity to Mrs. Sonia Gandhi and the Congress. To stall
the candidature of Moopnar, Surjeet is believed to have suggested that the leader should
come from the single largest party in the Front. In fact TMCj President G. K. Moopnar, a
front runner for the Prime Ministerial post, lost the j race in the final round, as he was
taken for the ride, not only by his ally, DMK, but also by the other constitutents of the
Front. Neither the TDP nor the DMK came forward to propose his name. Telugu Desam's
N. Chandrababu Naidu, who assumed the role of the king maker in the crisis, was
privately favouring the name of External Affairs Minister Inder Kumar Gujral although,
publicly he maintained the air of neutrality. The endorsement of Gujral's candidature by
the Front's Steering Committee set the stage for the formation of a new UF Coalition. In
the overly crowded race for power, Gujral had emerged the winner as the agreed nominee
of the Left parties as also the Janata Dal and the Telugu Desam.
Except for the TMC ministers and one Yadav casualty, the Gowda team itself now
become the Gujral team. The Lok Sabha that Gujral has been asked to head keeps three -
quarters of its members out of the Government. The remaining members who represent
the parties in Government are as querulous as alley cats. They are supported from the
outside by a party which, though badly mouled in elections, has recurrent bouts of dreams
that it will return from the doghouse. And whenever it feels such olympian yearnings, it
itches to withdraw support. All this has made the pyramid of power more unsteady than
ever.
The Jain Commission Controversy began making waves from the evening of November
8, 1997. It took the Congress working committee 12 days to send its ultimatum to Gujral
to drop the DMK ministers from his Government or face withdrawal of Congress support.
It took the Prime Minister another four days to say no and a further four days and two
more letters for the second UF Government of the 11th Lok Sabha to pass into history.
Indeed, the Prime Minister failed to gauge the possible impact the Jain Commission
report would have on his government.
Vijay Sanghvi observes, "The Prime Minister's office has undergone changes in strength,
stature, influence and authority during the past fifty years. However, they have never
been rendered authorityless as it has been now. TheCOALITION POLITICS IN INDIA
823
t by counter
front. 'Front' s. There was
M. Ibrahim as disunited lew interna-s should be
its 13 con-hey had no ler with the
998)
nited Front tie Minister, blocked the i the Prime by the Left suld not be t's candida-letween SP ir
as Prime Migress. To ed that the . fact TMC •st, lost the ally, DMK, rtheDMK ibu Naidu, 'ouring
the )ublicly he *ire by the ' Coalition, the agreed am.
wda team een asked nent. The querulous h, though turn from withdraw ver.
e evening rs to send nment or ither four econd UF he Prime ort would
me chanty years. now. The
Steering Committee behaves as it were a Supreme Commander and Prime Minister Inder Kumar
Gujral has to merely endorse its decisions. The Steering Committee has not allowed a decision on
the issue of hikes in petro products prices to fill the growing deficit in the oil pool though the
deficit is likely to have a disastrous impact on the economy in a long run." 17 The Steering
Committee seems to be a collective group that wants to prevent decisions rather than take them.
Possibly because each one of them is aware that the coalition is so fragile that any decision, right
or wrong, would lead to its collapse. For all his political insight and intellect, Prime Minister
Inder Kumar Gujral finds himself in a tight position as far as taking any decisions on his own is
concerned. He, in turn, is governed by the Steering Committee of the United Front Government. 18
After the fall of the Gujral Coalition there was consensus on one thing among the UF partners :
Gentleman Gujral is unfit to lead a party, leave alone a government. It is for the first time that the
leader of the government is suspect in the eyes of his cabinet ministers, coalition partners and
party colleagues. Never before has an incumbent Prime Minister been denied the legitimate
chance to lead his party or a coalition in the election.
In a virtual chargesheet against the United Front Coalition, the Congress Working Committee
(supporting party) has accused the United Front of non-governance and inability to "discharge its
responsibility of governing the country." Member after member criticised the Gujral Government
for failure to take the economic and political decisions reducing "the Indian State to a rudderless
ship."19
While Congress credentials to criticise the United Front Government are suspect, much of what
the CWC said about the UF Coalition Government is justified. Governance seems to be
conspicuously absent in recent months and the United Front has thrown up inherent conflicts
within itself making Mr. Gujral a helpless onlooker rather than a prime mover.
At its birth, the UF was a misnomer in all respect but one. The fear and hatred of the BJP coming
to power acted as the cementing factor. Now, the cement has chipped off and the cracks have
widened. But the UF edifice is still standing—because the BJP has won in Uttar Pradesh and has
become a gravitational force for legislators.
Intra-alliance squabbles and inter-ministry conflicts have been a part of the United Front
Government from its inception. A few days ago, there were reports in the media that the Union
Agriculture Minister, Chaturanan Mishra not only complained about the Finance Minister to the
Prime Minister but also took on Gujral by saying, "I am not his employee. I am his colleague."
Mishra's outburst against the Prime Minister and the Finance Minister can be seen in the
background of the Left parties' discomfiture with the Finance Ministry's policies towards
agriculture, public sector, insurable and public distribution system among other things.
The Mishra episode is a symptom of a deeper malaise afflicting Gujral Government. The recent
UP issue could be an example of disunity in the United Front. After a marathon meeting the
Union Cabinet first recommended imposition of President's Rule and backtracked when the
President sent it back for reconsideration. The cabinet as well as the Prime Minister came in for
much criticism for the manner in which the UP issue was handled. The differences that existed
between the Defence Minister Mulayam Singh and the Home Minister Inderjit Gupta and others
came to the fore. °
"The cracks are getting more and more and more visible in the cabinet meetings," says a senior
Government official pointing out that even during Gowda regime it was not so clear.
________________________INDIAN GOVERNMENT AND
POLITICS__________________________
Seventh Coalition Government at the Centre (From March 19, 1998—October 10, 1999) In 1996, when
A. B. Vajpayee failed to prove his majority, the BJP had three allies—Samata Party, Shiv Sena
and Haryana Vikas Party and was unable to win fresh support. In March 1998 Vajpayee is being
sworn a second time, it is only because the BJP had the wisdom and the skills to forge a broad
front before the elections.
In its desperation to win the 12th Lok Sabha elections, the BJP cobbled , alliances of convenience
to gain a national spread. The BJP with its allies has j emerged as the largest vote getter in the
country. In 1996 it struck at around 20 percent of the vote share, and with allies could not reach
the 25 percent I mark. In 1998, BJP's success is much more apparent. It has broken the 25 percent
barrier in its own right, and the allies add a crucial 6 percent of the total. The spectacular rise of
the BJP combine also brings home the truth that the path to power in this society lies in the
creation of political, regional and social alliances.
India Today observes : "The BJP won 182 seats to retain its status as the
single largest party in the 12th Lok Sabha......if President K. R. Narayana
invites Vajpayee to head the next government, the BJP leader will be a prisoner of his 13
disparate pre-poll allies who hold 73 seats and a score of post poll friends who will inevitably
extract a steep price for their support." x
The BJP led Coalition Government marks an advance on the road to coalition politics. A largely
pre-election coalition and the one led by a dominant party have a greater chance of survival.
With its pre-election alliances in Orissa (BJD), West Bengal (Trinamul Congress), Bihar (Samata
Party), Haryana (HVP), Punjab (SAD), Maharashtra (Shiv Sena), Andhra Pradesh (TDP—Laxmi
Parvati), Karnataka (Lok Shakti and Tamil Nadu (AIADMK, PMK, MDMK, TRC) the BJP was
able to claim that its elected members and those of the allies had a strength of 251 in Lok Sabha.
Then, the Haryana Lok Dal (Rashtriya) announced that its 4 member group would extend support
to it, Ex Congress men Buta Singh and Sukh Ram and another independent member Maneka
Gandhi also promised support. The Arunachal Chief Minister offered the support of his two MPs
and of three others. Thus, the total rose from 251 to 261. Obviously this number was not
sufficient to constitute a majority, but the party was talking of providing a working one. It was
counting on the abstention of 12 members of the TDP in the event of a vote of Confidence.
Thus, the BJP-led Coalition in a coalition of too many parties and, infact, factions of parent
parties. They had stronger State agendas and no national agenda. They were little worried how
the coalition fared as long as they gain at the State level. A Coordination committee of the
coalition was formed but it has been almost defunct. There was no secretariat, there was no
spokesperson; there was no periodic policy agenda with a short time frame forming the basis of
consensus making of the alliance; there is no joint defence of a failure. An ally had to force a
meeting by creating a political crisis; the BJP had shown great fear effacing the allies in advance.
The reluctance to face the seemingly weak allies had prevented full constitution of the council of
ministers and even filling up of vacancies. The impact of this uneasy relationship was a state of
instability.
The BJP-led alliance itself moved from one crisis to another demonstrating a perpetual sense of
instability. The government had survived since the national opposition was not yet prepared to
force a change. But the feeling of an effective government was not there; not in the bureaucracy
nor in the political class, not in the articulate political opinion, not in the people. The election
results in the States of Delhi, Madhya Pradesh and Rajasthan had only confirmed this COALITION
POLITICS IN INDIA
825
-to use
PARTYWISE REPRESENTATION
Party Number of Number of
MPs Ministers
BJP 182 25
AIADMK 18 4
Samata 12 2
BJD 9 2
Akali Dal 8 2
Shiv Sena 6 1
PMK 4 1.
Lok Shakti 3 1
TRC 1 1
Arunachal 2 1
Congress
Inde- 4 3
1 pendents
position.22 It was now increasingly clear that the BJP led coalition was K. Natwar Singh's phrase
—Living on daily wages.
Burdened with disparate allies and a fractured mandate, Atal Behari Vajpayee struggled to
balance conflict with consensus. His major objective was to impart a degree of coherence to a
coalition which was made up of parties with individual agenda.
The floor test for the Vajpayee Government was necessitated on April 14, 1999, the AIADMK, a
coalition partner having a strength of 18 members in the Lok Sabha, withdrew its support to the
Government. The leader of the AIADMK, Jayalalitha had earlier demanded the removal of the
Defence Minister, George Fernandes, reinstatement TABLE 2 of the sacked
Naval Chief Admiral BJP-LED COALITION GOVERNMENT: Bhagwat and a joint
Parliamentary Committee (JPC) probe into the charges prevailed by Admiral Bhagwat against the
Defence Minister. The AIADMK withdrew on April 9 from the Co-ordination Committee and
on April 14 handed over the letter of withdrawal of support to the President, Shri K. R.
Narayanan. Another party the Indian National Lok Dal, led by Shri Om Prakash Chautala, with a
strength of four members in the Lok Sabha, had earlier withdrawn support to the Shri Vajpayee
Government in February 1999 following rejection of its demand for withdrawal of the price hike
on urea.
The Confidence Motion moved by the Prime Minister, when put to vote, was lost by 269 to 270
votes. After he lost the Confidence Motion, Shri Vajpayee called on the President Shri K. R.
Narayanan and submitted his resignation. A Rashtrapati Bhawan communique said that "the
ruling alliance lost its majority
because of lack of cohesion within its ranks....."
Eighth Coalition Government at the Centre (From October 11— May 21, 2004)
The thirteenth Lok Sabha was constituted on October 10,1999. On October 11, a Press
Communique was issued by the Rashtrapati Bhawan inter-alia stating that the election results
conveyed to the President by the Election Commission and the documents expressing support to
Shri Vajpayee received by the President have satisfied him that Shri Vajpayee will command a
majority in the newly elected House, On October 13, a 70 member coalition government led by
Shri Vajpayee was sworn in New Delhi.
There was intense speculation about the difficulties Vajpayee would face in constituting his
Council of Ministers, given the pulls and pressure was inherent in a 24 party coalition. In 1998, as
the main alliance partner, AIADMK leader Jayalalitha could keep the government on tenterhooks
with just 18 MPs. This time, the biggest coalition partner is N. Chandrasekhar Naidu's Telugu
Desam Party (TDP) with 29 MPs. The arithmetic is such that even if the TDP withdraws support,
the government will not fall. In fact, there is little danger to the NDA government unless a group
of alliance partners gang up to bring it down. But potential conspirators will be wary because the
opposition is neither strong nor cohesive enough to form an alternative government. In 1998,
Jayalalitha jumped ship because she perceived an emerging alternative. This A-— +i™
oi+QTiici+wA fn Vainavee's collaose is fresh elections.
D

COALITION POLITICS IN INDIA

827
The stalling of the new Parliament in its first two sessions of functioning on the issue of 'tainted'
members of the Cabinet provides a precursor to the stormy days ahead. So does the initial hiccup
in ministry formation, with the 'allies' holding out for their due share.
In brief, the loose anti-NDA political coalition (UPA) that has emerged during and after 2004
elections represents a deeper social coalition of the forces thrown up by the democratic upsurge.
Conclusions
India, then, appears to have entered a fairly long season of coalition governments, fragile or
enduring.23 Only the BJP-led coalition (NDA) has almost completed its full term successfully.
The Janta Party Government—a one party majority coalition lasted a bit longer for about two and
a half years. Formed in March 1977, it prematurely fell in July 1979. Others lasted for less than a
year, the life of short lived ones regard from four months to two weeks. Barring the minority
regimes of Indira Gandhi (1969-70) and P. V. Narasimha Rao (1991-96) which survived either
through artful manipulation of the political agenda or through questionable techniques of floor-
crossing, minority governments led by Charan Singh, V. P. Singh, Chandra Shekhar, A. B.
Vajpayee, H. D. Deve Gowda and I. K. Gujral have gone down in fiery spectacles of backroom
infighting and betrayal.
However, some cite the success stories of coalition governments in Western Europe to buttress
their thesis that coalitions in India can be a solution to India's heterogenous polity. They argue
that even during the era of Congress dominance, the ruling party represented a coalescence of
diverse ideological, economic and territorial interests. What cannot be ignored, though, is the
stark difference between party systems in Europe and India. In Finland and Belgium, for
example, where heterogenous nonbloc coalitions have lasted, political parties are compact,
disciplined structures. In India, except for the left and, to some extent, the BJP, most political
parties have witnessed continued fragmentation.
As coalitions are becoming more inevitable, they are gaining more acceptability. The BJP's
search for allies reveals how its own much emphasised political theory of two party system had
become obsolete. Remember, the BJP once upon a time has the distinction of being a coalition
partner in the largest number of States than any other political party. Even at the eve of 1996 Lok
Sabha elections, it forged alliances with the Shiv Sena is Maharashtra, Haryana Vikas Party in
Haryana and the Samta Party in Bihar and Uttar Pradesh.24 Now power seekers will have to reach
Delhi via Hyderabad, Lucknow, Mumbai, Calcutta or Chandigarh."25
The Congress (I) took nearby five long years in political wilderness to realise the inevitability of
coalitions for its return to office. It now recognised the sea change brought about by new political
dynamics. That was the meaning of the political resolution, adopted by the Congress (I) plenary
at Bangalore in March 2001. Maintaining that the Pachmarhi line was misunderstood, the Cogress
(I) clarified "that, taking into account the present political scenario, the party would be prepared
to enter into appropriate electoral or coalition arrangements with secular parties on the basis of
mutual understanding but always without compromising its basic ideology." 26
Thus, fragmentation of political parties creates unhappy electoral situation in which hung
parliaments become the norm rather than an exception. Political parties have demonstrated a
shocking lack of ability to create enduring coalitions. The Congress Party, even while sitting in
the opposition, as it did briefly thrice since independence, had enough power and clout to disrupt
non-Congress coalitions. Indeed, Indian democratic politics so far has been lacking in the talent
and the culture of coalition making and coalition maintaining. Asucces-828
INDIAN GOVERNMENT AND POLITICS
sion of unstable coalitions or minority governments has made its own contrib tion to the
crisis of the State as the State is inextricably mixed with the we, of government.
The real reason for NDA's fall in 2004 was the breakdown of the alliances that it had forged
assiduously. At the same the Congress took upon itself the onus of forging alliances, something it
had refrained from doing in the 1998 and 1999 polls. If the BJP-led NDA was a right of the
Centre Coalitional arrangement of alliances with 24 parties that worked from 19th March, 1998
till 16th February, 2004, what we saw now is an emergence of a new set of parties converging on
a left of centre alignment of regional forces and parties in the UPA, actively supported by the
leftest parties.
The BJP's allies contributed 51 seats this time and brought 13.8 per cent of the vote. The
Congress'first attempt at building alliances brought it rich dividends : the allies contributed 74
seats and 9.1 per cent of the vote to the combined tally.
As regards coalition governments, people are saying that they are unstable, wheeling and
dealing and that they lack consensus on vital issues like reforms. It is also said that
coalitions may not work as affectively as single party government.
>
There are some advantages in the coalition system like accommodation of j diverse
interests, consensual decision making etc. It is also participatory and j where there is
pressure to perform. A coalition system is also more sensitive j and responsive to regional
concerns. There are strengths and there are weaknesses, but ultimately India has reached
the stage of coalition governments. One has to live in that.27
REFERENCES
1. N. C. Sahni, "The Theory of Coalition", in N. C. Sahni (ed.), Coalition Politics in India (Jullundar, 1971), pp. 17-18.
2. W. H. Riker, The Theory of Political Coalitions (New Haven, 1962), p. 12.
3. F. A. Ogg, "Coalition" in Encyclopaedia of the Social Sciences (New York, 1957), p. 600.
4. J. C. Johari, Reflections in Indian Politics (New Delhi, 1974), pp. 3-5.
5. D. C. Pavate, "Coalition Governments, Their Problems and Prospects'', Sahni, n. 1, p. 18.
6. Babu Lai Fadia, Pressure Groups in Indian Politics (New Delhi, 1980), pp. 195-203.
7. Madhu Dandavate, "Coalition Politics in India", Politics in India, (February 1997), p. 9.
8. Babu Lai Fadia, n. 6, p. 206.
9. Saraswati Haider, "Coalition Governments or Instability", Politics India (September, 1997), p. 24.
10. R. Venkataraman, My Presidential Years (New Delhi, 1994), p. 427.
11. Madhu Dandavate, n. 7, p. 10.
12. R. venkataraman, n. 10, p. 437.
13. R. Venkataraman, n. 10, p. 443.
14. R, Venkataraman, n. 10, p. 482.
15. Agarala Esware Reddi, "Coalition Government", Politics India (April, 1997), p. 27.
16. Prabhu Chawla, "Coalition Politics : Swim Together or Sink", India Today (February 15, 1997), p. 19.
17. Vijay Sanghvi, "Disastrous Steering" ,The Hindustan Times (Sunday Magazine), July 27, 1997, p. 5.
18. Ibid.
19. The Hindustan Times, September 30, 1997.
20. Kalyani Shanker, "UF Coalition : Peeling Plaster", The Hindustan Times, November 2,1997, p. J2.
21. Bhabani Sen Gupta, India. ; Problems of Governance (Delhi, 1996), p. 382.
22. Kamala Prasad, "BJP and the Nation's Governance", Mainstream, December 19, 1998, pp. 4-11.
23. India Today, March 16, 1998, p. 13.
24. Arun Kumar, The Turning Point—1996 Poll Story (Delhi, 1996), p. 26.
25. P. Raman, "Age of Coalitions'', The Hindustan Times, April 11, 1997.
26. K. K. Katyal, "Making Coalitions work", The Hindu (March 26, 2001).
27. The Journal of Parliamentary Information, Vol. XLVI No. 3, September 2000, p. 388.

iChapter 59
COALITION POLITICS IN THE
INDIAN STATES
The States in India, which are large political units, can be studied both as a part of the larger
Indian Political System and as an independent and a total system in itself. In a federal system, the
States are affected and in turn affect the national system. While a proper understanding of the
Indian political system depends to a very great extent on the assessment of political development
in the States, the States which are constituent units of the larger political system are conditioned
by the nature of national politics. In appreciation of this mutual inter-acting role, the study of
state government and politics is becoming increasingly popular.
An analytical study of politics in the Indian States is long overdue. There have been many studies
on each of the new states of Asia and Africa, yet little has been published on the Indian States
even though each of them in area and population is alone larger than most of the members of the
United Nations.
It can be argued that our very understanding of the Indian Political System depends upon our
assessment of patterns of political development within the constituent states. India is, after all, a
federal polity containing twenty-five States. These States are truly the keystone of the national
governmental system of India. Every citizen of India comes under the government of a State or
the Union Territory. Though in the Indian federal system the Central Government has been
endowed with extensive powers and resources, the significance of the State level of government
cannot be belittled. The day-to-day needs and requirements of a citizen are met by the State
government, and thus, the Central Government becomes but a remote reality for the common
man. The State Government provides for the safety of citizens and maintains law and order. It
sets up and runs educational institutions, hospitals, cooperative societies, etc. which carry great
significance in the daily lives of the people. It sets up law courts and administers justice. It also
looks after trade, commerce and industry in the State. In fact, the States in India have important
powers over agricultural development, education and rural taxation, and the effectiveness of
national planning is conditioned by the performance of the State governments. It is apparent that
most of the needs of citizens are met by the State governments and, therefore, the happiness and
well being of the people hinges on the efficiency of the state governments. Myron Weiner
remarks : "The instabilities and shocks associated with the economic development process are felt
first at the State level, and only thereafter move into national politics." 1 The States are also
training grounds for national politicians. While before independence political lnarlers in Calcutta,
Madras, Bombay, Allahabad, and Poona often moved830
INDIAN GOVERNMENT AND POLITICS
politics. For example, Lai Bahadur Shastri, Morarji Desai, Charan Singh, Y B. Chavan,
G. B. Pant, Zail Singh, H. N. Bahuguna, K. Kamraj, etc. were minister or Chief Minister
in state governments before moving to the Central cabinet.
In India, the State governments are the real governments in the context of public welfare.
The Central Government's role in development administration is primarily that of
leadership, consultation and advice. The responsibility for the implementation of
programmes rests mainly on the States. Most subjects which constitute the ingredients of
development are constitutionally within the State's exclusive jurisdiction. In addition, in
the execution of the Central Government's programmes the States are involved at several
points. In many cases they act as agents of the Central Government assisting it in the
discharge of its functions. It is only at the State level that people's participation in
government can acquire sense and meaning. In fact the States of the Indian Union hold
the key to the national advancement in economic and social fields.
Parallel to this development is the growing pull and swing of state politics which has
never been quite unimportant on national politics. With the ending of the 'Congress
system' trends toward regionalisation of Indian politics have become more manifest, and
States have become increasingly important and powerful units of the Indian Political
System. Some students have considered them as separate political systems. They should
be the objects of more serious scholarly study and systemic analysis than they have thus
far received.
The States serve as implementing agencies for the national development plan. The
responsibility for the implementation of programmes rests mainly on the states. Most
subjects which constitute the ingredients of development administration are
constitutionally within the states' exclusive jurisdiction : agriculture, education, housing,
industries, public health and sanitation, family planning, water supply, animal husbandry,
minor irrigation, forests, fisheries and local governance. As a matter of fact, the
effectiveness of national planning is always conditioned by the performance of the State
governments.2
Paul H. Appleby, "in his classic report on Indian Public Administration emphasised that
"the nation is crucially dependent on the States for actual achievement of the chief
programmatic objectives of the nation."3 He observed : "Almost the whole centre, except
for defence, external affairs and the collection of Central taxes, is one large staff
organisation. Apart from these exceptions
and a few others, there is no line function in New Delhi ..... in other words,
there is no true and complete administration in the Central government."4 He concluded :
No other large and important national government.....is so dependent as India on
theoretically subordinate but actually rather distinct units responsible to a different
political control, for so much of the administration of what are recognised as national
programs of great importance to the nation.5
Since States perform most of the traditional functions of governmental units and deal
with subjects having direct, immediate and intimate impact on the fortunes of the
citizens, state politics has an obvious and tangible objective relevance. The year 1967
turned out to be a watershed in Indian politics. Riding on the crest of mounting non-
congressism, non-congress coalitions in the form Samyukta Vidhayak Dal (SVD)
Governments were formed in several States. Even today States like West Bengal, Kerala,
Maharashtra, Uttar Pradesh, Haryana and Punjab are administered by coalition
governments.COALITION POLITICS IN THE INDIAN STATES
831
. »4
He
Types of Coalitions
Coalitions are generally of four types. The first type is one in which there is a dominant
party and one or more small parties who cannot really harm the dominant group even if
they step out of the Coalition. The Left Front Coalition in West Bengal is an eminent
example of this type in which the CPI(M) is the dominant force. The second type of
Coalition is one of equal partners. In India, this type has been tried for many years in the
State of Kerala with success because the socio-political forces are polarised almost
equally between those led by the Congress and those led by the CPI(M). The third type of
Coalition is a United Front of several like minded parties forged mainly to keep at bay a
perceived fearful common enemy. Non-Congress coalition governments (SVD
Ministries) formed after the 1967 general elections in States like Punjab, U.P., Bihar,
Orissa with CPI and Jana Sangh coming together were of this type. The SVD's were
cobbled together with the sole objective of keeping the Congress out of power. The
fourth type of Coalition is a national government formed to face an overriding national
crisis such as war or invasion by a strong enemy. Britain had a national government
during world war second with Churchill as Prime Minister and Attlee as Deputy Prime
Minister. After the 1989 general elections, when jurists and lawyers started examining the
consequences of a 'hung' Parliament, A. B. Vajpayee of the BJP floated the idea of a
National Government of all parties, including the Congress, to tide over the difficulty.
COALITION POLITICS IN THE STATES
The 1967 elections, as already stated, were one of the most important events in Indian
politics in the post-Independence period. It led to the replacement of single-dominant
party system by the multi-party system in which no particular party claimed absolute
majority at all levels of the political structure with the result that the model of intra-party
(tacit or implied) coalition was replaced by the inter-party (express or formal) coalition
system.7 The elections brought an end to one era—the era of Congress domineering rule
at the Centre and in most of the States—and opened another—an era of a weakened
Congress government at the Centre and coalition governments in six states. In seven
states, viz., Bihar, Kerala, Orissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal,
coalitions of non-Congress parties endeavoured to form governments, and except in the
case of Rajasthan they succeeded in doing so.
Table 1 shows that the largest number of cabinet changes have been in Bihar with an
average of 4,2 months governmental life. One could thus hypothesize that one party
dominant coalitions have longer lease of life as in Kerala; and infrastructure dominated
coalitions as in Bihar have a shorter span of life.
Yogesh Vajpeyi, in one of his articles in Indian Express observes, "Of the 138 State
Governments since March 1977 to March 1996, the 84 single party majority governments
lasted, on an average 41 months, while the average life of the 40 Coalition governments
was only 26 months. And the 40 minority governments, propped up by outside support,
could hardly run for a year. This does strengthen the view the Coalition governments lead
a precarious existence. But the fact that eight pre-electoral coalitions—mostly in West
Bengal, Kerala and Tripura—have managed to last longer than even single party
majority ^^m^m^,
.~S««™,c
LaJ
resign fi££ *?. ** Egress fc£-°? Octo*>er 22, ^7%^ of 51

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COALITION POLITICS IN THE INDIAN STATES
833
linguistic jtions, the \ 48 of the '. When he [As joined [ected Rao ler. These called the mritted his
llternative
and mini-1 the Inde-jnt having ieven-point 'eloped be-Sangh was i that Rao's ers of Devi
[51MLAs, ana Sangh ster Mohan igainst the itry had "no then joined retary, also ont when it f in
power.8 i appointed joined the ition, thus, oup merged cted to the ext day, the ident's Rule
leople voted
elected the
roup in the
3mber 1968,
;y and joined
ILAs. They,
r four of the
unter-defec-
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ary21,1972.
leader Bansi
ti politics in
The record of the coalition ministry was poor. The big farmers and the traders reaped heavy
profits during the Rao regime. As for the implementation of the 11 point programme with which
the United Front government started and the solution of many problems of poverty, backwardness
and underdevelop-ment, precious little was done. All new efforts for development of the State
remained only on paper and actually nothing worthwhile was achieved by the United Front
Government during its eight month rule in any field. All it succeeded in doing was that it
outmanoeuvred the Congress opposition, frustrated all its attempts at toppling the Ministry, kept
it out of office and repeatedly humbled it in the seesaw game of defections and counter-
defections. Individual legislators interfered with day-to-day administration with impunity and
much of the time of Ministers was spent on trivial matters like postings and transfers of officials. 9
Thus, the coalition Ministry in Haryana was a semblance of political instability, administrative
chaos, corruption and uncertainty.
The State government of Haryana after the June 1977 elections was formed on the basis of an
understanding between the two strongest Janata partners — the BLD and the Jana Sangh. The two
often represented conflicting interests and the BLD Chief Minister was ousted in a power
struggle. Bhajan Lai from the Congress for Democracy (CFD) group became the Chief Minister
and after the formation of the Janata (S), his government became a minority government. After
the January 1980 Lok Sabha polls, his government was converted into a Congress (I)
government.
In June 1987 Assembly elections, the Lok Dal-BJP combine came out with victory in Haryana.
The Lok Dal won 58 and BJP 15 seats and a Coalition Government was formed under the
leadership of Devi Lai. The coalition continued successfully till December 1989, when Devi Lai
joined the Central Government and his son Om Prakash Chautala was appointed Chief Minister.
The BJP withdrew from the State cabinet, but promised to support the Chautala Government from
outside.
Promises of prohibition and more water and power to the farmers coupled with an alliance with
the BJP, brought Bansi Lai back to power in 1996, but with a wafer-thin majority. The Haryana
Vikas Party (HVP) of Bansi Lai won 33 seats and the BJP capturing 11 seats, provided the HVP
regime crucial backing alongwith 3 independents.
Rajasthah
Rajasthan was another State where no political party was returned to power in the 1967 elections.
The Congress won 89 out of a total of 184 Assembly seats, and the opposition parties 80. The
remaining 15 seats were won by Independents, 11 of which were members of the Janata Party.
Contrary to expectations, the much-hoped-for drama for numerous defections and unstable
coalition was not enacted.
Mohanlal Sukhadia was elected the leader of the Congress legislature party and legislators
belonging to the Swatantra Party, the Jana Sangh, the SSP and Janata Party along with 22
Independent legislators formed a United Legislature Party named the 'United Front' under the
leadership of Maharawal Laxman Singh. As a result, the two sides held 91 seats each, with one
Communist member holding the balance. A few days later, he too joined the United Front and
gave it a majority of one. The United Front approved a 17-point minimum programme to be
followed by it in case it succeeded in forming a coalition government. This programme inter alia
envisaged the abolition of land834
INDIAN GOVERNMENT AND POLITICS
revenue, imposition of ceiling on land holding, steps for bringing down prices of essential
commodities, etc.
Sukhadia met the Governor and asserted that as leader of the largest single party he had a
right to be called to form the Government. The Governor Sampurnanand invited him to
form the government on the plea that he was the leader of the largest group and
Independents were changing their minds frequently. He stated at a press conference that
he had not taken the Independents into account because these people do not know their
policies. This was resented by the opposition parties and they led a protest demonstration
of about 50,000 people to the Governor's residence and there was rioting and violence in
Jaipur. On March 13, 1967, Sukhadia informed the Governor that he was not prepared to
form the Government. Thereupon, the Centre promulgated President's Rule in the State
on that day. Two days later members of the United Front, now 93 in number, personally
appeared before President Radha Krish-nan in New Delhi to show their majority and
stress their claim to form a government. On March 29, Sardar Hukam Singh, was sworn
in as the new Governor. He asked the leader of the Congress and the United Front to
submit to him lists of their respective supporters. Since both lists had 21 common names,
he interviewed each MLA and obtained preference from everyone in writing. He was
satisfied that Sukhadia had an absolute majority with him and on April 28, he was invited
to form the Government. The Sukhadia Ministry provided political stability to the state
and Rajasthan was relieved of the malady of coalition politics. Maharawal Laxman Singh
himself said: "The ruling party seems to be well entrenched and well established and
looking at the countrywide trend to instability of non-Congress governments and
Congress backed governments, Rajasthan seems to have a comparatively stable govern-
ment."10
After the June 1977 elections of the Rajasthan Assembly the Janata Party won an
absolute majority and B.S. Shekhawat of the Jana Sangh constituent became the Chief
Minister. BLD leaders like Laxman Singh and Daulat Ram Saran were the dissidents.
There was a power struggle between the constituents of the Janata coalition. After the
formation of the Lok Dal, leaders like Laxman Singh, Master Aditendra and Professor
Kedar defected from the Janata Party and tried to bring the Government into a minority.
Due to the larger strength of the Jana Sangh constituent in the Assembly, the Shekhawat
government continued till February 1980.
After February 1990 Assembly elections, the BJP formed the ministry in Rajasthan with
the Janata Dal supporting it. Following the Janata Dai's decision to sever all links with
the BJP, the Shekhawat ministry was reduced to a minority. For the BJP had just — 85
MLAs in the 200-member Assembly, 15 short of a simple majority. Bhairon Singh
Shekhawat, firmly ensconced in the Chief Minister's chair even after the Janata Dal
walked out of the coalition. The Janata Dal (Digvijay), a breakaway group of the Janata
Dal openly came out to support the Sekhawat Ministry. The Janata Dal (Digvijay) a
faction of 26 MLAs, in fact, formed a coalition government with the BJP. There were
strains and tensions among the coalition partners, yet the coalition was well saddled.
Madhya Pradesh
Madhya Pradesh was one of those States where the Congress was expected to lose in the
1967 elections. However, it secured an absolute majority and D.P. Misra formed a
Congress ministry. The opposition parties formed a sort ofjdown prices
Ithe largest e Governor that he was their minds in the Inde-fes. This was -ion of about Bid violence phat he
was bmulgated f the United idha Krish-I to form a las the new It to submit 21 common Iveryone in ith him
and ia Ministry sved of the "The ruling png at the j Congress )le govern-
tiata Party :onstituent 'aulat Ram ffistituents Ice Laxman nata Party ir strength overnment
ninistry in nata Dai's is reduced Assembly, sconced in 3 coalition, enly came faction of here were t was
well
COALITION POLITICS IN THE INDIAN STATES
835
3 expected yandD.P.
United Front to topple the Congress government. Soon after the formation of the government
some Congress MLAs accused the Chief Minister of promoting casteism and running the State
administration in a dictatorial manner. On July 9, 1967 about 30 of them defected to the United
Front opposition and did not vote with the Government in the Assembly. Subsequently, a SVD
government was formed and G.N. Singh, a defector, was installed as the Chief Minister. A 25-
point minimum programme was announced by the SVD. The PSP and the SSP decided to refrain
from joining the cabinet.
The distribution of portfolios among the members of different SVD participants raised
considerable controversy among the constituent units. The PSP gradually became more and more
critical of the SVDs 25-point programme and its non-implementation. Pressure was also being
brought upon the SVD Harijans, who wanted larger representation in the Government. The newly
elected leader of the Congress Legislature Party, S.C. Shukla, began to pursue a strategy of
attempting to split the ruling United Front. The two SSP members of the SVD government
resigned on April 22, 1968 in protest against its failure to abolish land revenue. Four days later
the eight month old SVD government received its severest jolt when all the seven Jana Sangh
ministers, including Deputy Chief Minister Saklecha, submitted their resignations. The Jana
Sangh ministers were actually very sore on the Chief Ministers interference in their departments
and what they regarded as his arbitrary decisions in the matter of postings, transfers and
promotions of officials under their charge.
Later on Chief Minister G. N. Singh started hobnobbing with the Congress. Dissensions within
the United Front government continued and he eventually resigned on March 11, 1969. Raja
Naresh Chandra Singh was chosen as the new leader of the SVD and was sworn in as the Chief
Minister. However, he too did not find the going easy. He had hardly begun to function, that G.N.
Singh with 23 others defected to the Congress, whose leader, S.C. Shukla, staked his claim for
forming an alternate Ministry. Thus, the SVD coalition stayed in power in Madhya Pradesh till
March 1969 largely because the Congress could not set its own house in order and failed to
resolve factional and personal rivalries.
The Janata Party won absolute majority in the June 1977 elections in the State. The Janata
government was a coalition of its Jana Sangh and the socialist constituents. There were strains
and tensions among the coalition partners. The socialist always opposed the leadership of
Saklecha. The opposition was so acute that the Chief Minister was forced to resign after the
January 1980 elections of the Lok Sabha. The Janata government remained in office upto
February 1980 in Madhya Predesh because the Jana Sangh had a sizable strength in the
Assembly.
Orissa
During the fourth general elections, the Swatantra Party and Jana Congress fought elections as
allies. In a House of 140, the Swatantra got 49 seats and Jana Congress 26. The leader of the
Swatantra Party, R.N. Singh Deo, formed government on March 8, 1967. This was a coalition
government of only two parties that had a basic understanding on policies and programmes.
The coalition worked well for some time. However, in early 1971, the Jana Congress withdrew
from the government alleging that Swatantra members were indulging in corruption. The Chief
Minister resigned on January 9, 1971 and the Assembly was dissolved. Elections for a new
Assembly were held on

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hCOALITION POLITICS IN THE INDIAN STATES
837
In the 1967 elections, the Congress secured the largest number of seats — 127 out of a total of
280 —, but it was not in a position to form the government. On 25 February 1967, leaders of the
two Left Fronts — the ULF and the PULF formed a United Democratic Front (UDF) of 14
constitutent parties with Ajoy IVhikherjee of the Bangla Congress as their leader. On March 1,
the United Front government was formed and a 14-point minimum programme was announced.
The immediate popular reaction to the coalition ministry was one of great enthusiasm and hope.
But shortly afterwards, serious differences arose amongst the constituent parties on the handling
of industrial and agrarian disputes, food policies and the threat to law and order arising therefrom.
The parting of ways between Ajoy Mukherjee and the Left Communists at one stage appeared to
be almost complete. The parties put the common programme into cold storage. The Communists
tried to place their own men into key positions and started condemning the Rightist constituent
parties. Mukherjee's role was strongly criticised by the press. S. Mulgaokar writing in the
Hindustan Times called him "a pathetic figure of indecision and weak mindedness."
In November 1968, Minister for Food and Agriculture P.C. Ghosh defected from the United Front
along with 17 other members. He formed a new party of his followers called the Progressive
Democratic Front (PDF). The Governor, Dharamvira dismissed the Ajoy Mukherjee Ministry and
P.C. Ghosh was sworn in as the new Chief Minister. This was a PDF-Congress coalition. No
Congressman entered the government, but the Congress Party promised full support. The Speaker
of the Assembly, Vijay Banerjee created a constitutional deadlock by his ruling of 29 November.
Realising that the Government could not be carried on according to the Constitution, Governor
Dharamvira recommended the introduction of President's Rule.
Eventually, voting took place on February 9, 1969. In order to face the Congress unitedly, 12 of
the 28 contesting parties formed a United Front before the election. The United Front won 218
seats in a House of 280. Once victory was attained, the constituent parties of the UF began to
fight over the distribution of portfolios. The election of the leader, Ministry-making and the
distribution of portfolio did not prove to be easy talks. As the single largest partner in the Front,
the CPM staked its claim to Chief ministership and to the Home portfolio. Ajoy Mukherjee, on
the other hand, was not prepared to join the Ministry except as the Chief Minister with the Home
portfolio. Finally, on February 20, 1969, a compromise was worked out by splitting the Home
portfolio between Ajoy Mukherjee as Chief Minister and Jyoti Basu (CPM) as Deputy Chief
Minister. The former was to look after 'Home (Political and Defence)' and the latter 'Home
(Constitution, Elections, Special, General Administration, Police and Press)'. The party-wise
distribution of ministerial position in the 30 member coalition was as follows : Bangla Congress:
4, CPM: 9, CPI: 4, FB: 4, RSP: 2, SUC: 2, LSS: 1, Gorkha League: 1, Worker's party: 1, RCPI: 1,
FB(M): 1, and Bolshevik Party: 1.
Instead of devoting its energies to solving the pressing problems of the people of West Bengal
and providing an efficient and stable Government to the State, the CPM as the dominant partner
in the United Front appeared to be more interested in spreading choas and in creating a situation
of confrontation between the Ministries and the Government and between the Union and the
States and so on. A serious conflict with the Centre soon arose on the issue of the recall of
Governor Dharamvira. The United Front government demanded i ■.- :™™nA\c+p recall because

it felt no normal relations could be established i

i
Assembly Th
*e Assembly Th

(ULpf
i
^onTu^DFf P^b
COALITION POLITICS IN THE INDIAN STATES
839
all the parties in the Assembly, except the parties forming the United Left Front, the Socialist
Unity Centre, the Revolutionary Socialist Party and the Jharkhand Party formed a 'democratic
coalition'. On April 2, 1971 Mukherjee formed a government. But about two months later five
Bangla Congress MLAs deserted the government and formed an independent group. In the
meantime, the Bangladesh crisis had taken place and few lakhs of refugees from East Pakistan
had entered West Bengal creating all types of problems. Realising that he would not be able to
carry on the administration of the State smoothly, Ajoy Mukherjee recommended to the Governor
to dissolve the Assembly and President's Rule was introduced on June 28, 1971.
In June 1977 State Elections the Left Front as a whole won 47 per cent of the vote and 230 of the
seats. The CPI (M) alone had an absolute majority in the Assembly with 178 seats from 36 per
cent of the poll. A multi-party Left Front coalition was formed under the leadership of Jyoti Basu.
In 1982 the coalition ministry sought a renewed mandate and the result was triumphant. The left
won 81 per cent of the seats in the West Bengal Assembly on a resounding 52.6 per cent share of
vote. In 1987, the Left Front won a third term of office with an enhanced majority.
The Marxist led Left Front was voted back for a record fifth time in 1996. The final tally still
looked very one-sided with the Left Front winning 203 of the 294 seats and the CPM still in
absolute majority by itself. In May 2001, in West Bengal the Left Front has won the mandate for
a historic sixth successive term. Bucking the anti-incumbency trend which caused the demise of
governments in four other states, the ruling Front clinched 198 of the 294 Assembly seats,
defeating Mamata Banerjee's Trinmool Congress-Congress alliance. Besides the CPI (M), which
won 144, among the Front partners, the Forward Bloc secured 25 seats, followed by the RSP 17,
the West Bengal socialist Party 4, the CPI 7, DSP2 and the Forward Bloc (Marxist) one.
The reasons for the success of coalition ministry in West Bengal are well known : First, CPI(M)
and the Left Front have succeeded in identifying themselves with Bengali resentment at what is
perceived to be chronic central neglect of the difficulties of the State. Second, whatever
deficiencies there have been in the performance of the Left Front, it is perceived as having a
mission, discipline and leadership, which, by comparison with anything else, is worthy of respect.
The world has heard of Mr. Jyoti Basu; it has not heard of his Congress rivals. Third, CPI(M) is a
dominant partner in the coalition ministry, it alone had an absolute majority in the Assembly
since 1977. Last, the CPI(M) and its partners have shown a capacity to learn from past mistakes.
There are other such measures too; the decentralisation of power, an area in which West Bengal is
miles ahead of many other states and the management of the public distribution system are
aspects that must have aided the Left Front's emphatic victory.
It may be true that Mr. Basu's long innings as Chief Minister had dispelled several notions about
his party including the perception that the Left parties were no good when it came to managing a
Government. The experience with the earlier dispensations in West Bengal where the Left had a
role had contributed to the building of such a perception. But then, if there is one factor that must
have played the decisive role in ensuring the return of the Left all these years in the State, it
certainly is the record of "Operation Barga". The redistribution of surplus agricultural land to the
landless, carried out under the direct supervision of the party veteran, Benoy Choudhry, is indeed
the most
of the Left Front in West Bengal.
840
INDIAN GOVERNMENT AND POLITICS
Uttar Pradesh
Out of 425 seats the Congress party won only 195 seats in the 1967 elections. No
political party got absolute majority, with the result that there was no option but to form a
coalition government. The opposition parties joined together to form a United Front
government and elected Ram Chandra Vikal as their leader. But C.B. Gupta formed a
Congress government with the support of a few defectors. After a life of only 18 days, the
government was toppled when Charan Singh and his faction defected to the opposition.
Charan Singh became Chief Minister in a coalition government. Soon the constituent
units of the coalition began to fall apart. In June 1967 some Swatantra MLAs and a
Minister of that party resigned from the government. On 6th October the party declared
that it was withdrawing its support from the government. Nine days later seven SSP and
CPI Ministers resigned on the issue of the release of political prisoners arrested in
connection with the 1966 agitation. On January 5, 1968, three SSP Ministers decided to
leave and the Jana Sangh, a constituent of the government, strongly criticised the Chief
Minister. SSP Ministers alleged that the government had failed to implement the SVD
common programme. On 17th February Charan Singh resigned and President's Rule was
imposed on February 25,1968.
None of the parties obtained a clear majority in the mid-term elections held after a year in
February 1969. The Congress formed a Ministry with the help of the Independents and
Swatantra members and with C.B. Gupta once again as Chief Minister. However, after
the Congress split of 1969, he could no longer stay in office. In February 1970 Charan
Singh became the Chief Minister in a BKD Ministry supported by the Congress (R) and
based on a BKD-Congress (R) coalition. But not long after, differences between BKD
and Congress (R) developed on taking over of private mills and abolition of compulsory
membership of students unions on the one hand and merger of Congress and BKD on the
other. These differences widened when the BKD group in parliament voted against the
abolition of privy purses. Finding that Congress (R) group might withdraw its support
from the government, the Chief Minister negotiated with the Congress (O), Jana Sangh
and Swatantra parties. On September 24, 1970, Charan Singh asked for the resignation of
13 Congress (R) ministers immediately, whose party decided to withdraw its support
from the government. The Congress (R) leader, Kamlapati Tripathi, wrote to the
Governor that since the Chief Minister was reduced to a minority his advice should not
be accepted. The Congress (O), Jana Sangh, SSP and Swatantra Parties immediately in-
timated the Governor that they had decided to extend their support to the Chief Minister.
In such a dramatic situation the Governor had to resort to the dismissa] of the Charan
Singh Ministry in September 1970. After two weeks of President's Rule, another coalition
[this time between Congress (O), BKD, Swatantra, Jana Sangh and SSPJ came into
being. A new Ministry with T.N. Singh as the head was formed. However, T.N. Singh's
defeat in a by-election to the Assembly and the landslide victory of Congress (R) in the
1971 elections to the Lok Sabha was followed by a flood of defections to Congress (R),
reducing the ruling coalition to a hopeless minority. The T.N. Singh government was
defeated in the Assembly and he immediately resigned.
The results of the March 1977 elections to the Lok Sabha were odd. In the light of the
election results U.P. Assembly was also dissolved by Presidential proclamation. After the
June 1977 elections the Janata Party came to power and Ram Naresh Yadav was installed
as the Chief Minister. He belonged to erstwhile BLD constituent of the Janata Party. In
U.P. the erstwhile Jana Sangh emerged as the chief prop of the BLD. Later as factional
quarrel withinCOALITION POLITICS IN THE INDIAN STATES
841
the party started, Ram Naresh Yadav dropped four ministers. These included two junior ministers
of the erstwhile Jana Sangh. Yadav lost his Chief Mini-stership through a vote in the JLP and
Banarasi Das from the Congress (O) was installed as Chief Minister.
The November 1993 Assembly elections in U.P. sent Shockwaves in BJP camp when it could not
muster enough support to form government in U.P. The SP-BSP combine formed a coalition
government with the support of the Con-gress-I and the Janata Dal. The Combine's strength of the
Coalition partner was just 176 (SP-108 and BSP-68) and it depended on the support of the
Congress(I) and the Janata Dal, besides three leftist MLAs and many of the 10 Independents to
stay in power. Mulayam Singh Yadav had the support of this motley group because of their
abhorrence for the BJP.14 After few months cracks developed between Mulayam Singh and
Kanshi Ram. In June 1995 the BSP withdrew its support and the SP-BSP coalition collapsed like
a house of cards.
The first time the BJP and the BSP joined hands in U.P. in 1995 and their marriage ended in
acrimony in four months flat. Two years later on March 21, 1997, they have come together again.
The two parties agreed upon the novel arrangement that talks of a six-monthly rotational Chief
Minister. The deal hammered out by the two parties provides for equal representation in the
Ministry. Despite getting only 67 seats in a House of 425, the BSP, by installing Mayawati as
Chief Minister and hammering out 50-50 Cabinet sharing, has come out as a gainer. 15 Whatever
may be the BSP's disposition, the BJP itself wanted the experiment to succeed at all costs. For the
precise reason, the Party had shown extraordinary accommodation while firming up the deal. For
the BJP, the Uttar Pradesh arrangement was part of a larger matrix. After completing six months
in office as Chief Minister, Mayawati resigned on September 20, 1997, thus paving the way for
BJP leader Kalyan Singh to be sworn in as the next Chief Minister of the State. The Government
order issued by the Kalyan Singh Government to check the misuse of the SC/ST (Prevention of
Atrocities) Act created controversy between BJP and BSP. The 29-day old political drama
reached a climax on October 19,1997 with the BSP withdrawing support to the Kalyan Singh led
Coalition Government. However, Governor, Romesh Bhandari asked the Chief Minister to prove
his majority on the floor of the State Assembly on October 21. Having cobbled together a quick-
fire majority by splitting the Congress, the Janata Dal (JD) and the Bahujan Samaj Party (BSP) a
new Coalition Government came into existence. Heading a loosely-knit 222 members coalition of
three groups of defectors—the 22 members Uttar Pradesh Loktantrik Congress, the three
members Janata Dal (Raja Ram Pandey) and 12 members who split from the BSP—apart from
Samata Party members and Independents, Kalyan had to please them all to keep his boat afloat.
After February 2002 elections a BSP-BJP coalition government came into existence on May 3,
2002 when BSP leader Mayawati was sworn in as Chief Minister of Uttar Pradesh.
After the fall of Mayawati-led coalition government in August 2003, a new coalition government
was sworn in on August 29, 2003 under the leadership of SP President Mulayam Singh Yadav.
The coalition includes SP, RLD and Rashtriya Kranti Party and Congress supports from outside.
The Mulayam had sworn in a jumbocabinet of 97 ministers in a House of 403, almost one-fourth
the size of the Assembly.
The clear winner from Uttar Pradesh in 2004 Lok Sabha elections was SP-RLD alliance that won
38 out of the 80 seats with 31.2 per cent votes. Out842
INDIAN GOVERNMENT AND POLITICS
combined the Yadav-Muslim support base of the SP with the RLD's support among other peasant
proprietary castes especially the Jats.
Punjab
Punjab as a new unilingual Punjabi speaking state came into being only a few Months before the
fourth general elections. After the elections, a United Front of non-Congress parties and
Independents under the leadership of the Akali Dal formed a coalition Ministry in Punjab. This
was followed by persistent efforts of the Congress opposition to topple the Ministry and of the
United Front to stay in power through the process of inducing defections and counter-defections.
A political crisis developed when on 5th April, the government suffered a defeat on the Vote of
Thanks to the Governor for his address. The Congress Party, therefore, demanded that the United
Front government should resign. Meanwhile differences in the Akali Dal also developed and
some of the members withdrew support from the government reducing it to a minority. The Chief
Minister resigned and recommended dissolution of the Assembly.
Breakaway Akali MLAs formed the United Punjab Janata Party and elected Lachhman Singh Gill
as their leader. The Congress decided to support him and on Novermber 27, 1967 he was sworn
in as Chief Minister. The establishment of Gill's minority Government created a tense situation in
Punjab, which fostered differences within the Congress Party itself. Some Congress MLAs
advocated that the party should try to form a government on its own. Meanwhile the Chief
Minister sought to remove Speaker J.S. Mann and instal a senior Congress member (Prabodh
Chandra) as Speaker. In response, Speaker Mann adjourned the House for two months. This
created in unprecedented constitutional crisis. The Gill Ministry continued its perilous existence
for nine months, from crisis to crisis and from day to day till President's Rule was at last imposed
in August 1968. Fresh elections were held in February 1969. This resulted in an Akali-Jana Sangh
coalition Ministry. The CPI and socialist members promised conditional support. Some Congress
and Independent MLAs defected to the ruling party. But in January 1970 differences within Akali
Dal again developed and reached a point when Finance Minister Balwant Singh, who belonged to
the Sant group refused to move the Appropriation Bill in the Assembly. Akali MLAs removed
Gurnam Singh from leadership and instead elected Parkash Singh Badal as their leader. In
November 1970 renewed differences in the Akali Dal regarding the size of the Ministry led 16
MLAs to withdraw their support from the government. Finding himself in a minority, Badal
resigned on June 13, 1971 and President's Rule was imposed.
In the 1977 elections, the Akali Dal secured an absolute majority in the State Assembly. But it
decided to extend support to the Janata government at the Centre and in return the Janata Party
was made a coalition partner with Akali Dal in the Punjab cabinet as well.
The Shiromani Akali Dal which contested the Punjab Assembly Elections of February 1997, in
alliance with the BJP received enormous support from the people of the State. The alliance
recorded a historic success, winning 93 seats with 45.8 per cent votes. The installation of the
Coalition government in Punjab under the leadership of Shri Prakash Singh Badal is taken as a
new experiment of maturing democracy in Punjab, which is dominated by moderate Akali
politics. The present phase of the alliance between the BJP and the SAD reflects the unity of the
Hindus and the Sikhs against the politics of communalism and terrorism which rocked the State
politics for about a decade. Chief Minister Badal and other Akali leaders claim that during the
short period of theCOALITION POLITICS IN THE INDIAN STATES
843
support
feing only a I, a United Miip of the ^persistent jiited Front jnter-defec-i suffered a B Congress Ud
resign. je members The Chief
Party and to support lister. The tuation in Self. Some irnment on J.S. Mann peaker. In created in
N perilous to day till I were held histry. The bgress and differences ie Minister f^ppropria-
leadership mber 1970 Btry led 16 imself in a 3 imposed, rity in the srnment at rtner with
! Elections rt from the ig 93 seats : in Punjab ixperiment rate Akali ^D reflects lalism and if
Minister
Akali-BJP rule in Punjab, they have fulfilled more than eighty percent of the promises they had
made. The Government has set up the Punjab Human Rights Commission and decided to
establish a 'science city' in Jalandhar. Writing off the huge loan which Punjab had to pay to the
Centre on account of the large expenditure incurred on fighting terrorism is indeed a big gain for
the State. A big credit is claimed by the Badal Government for fulfilling the promise to supply
power free for irrigation/agriculture. Abolition of land revenue is another promise fulfilled. The
Lok Pal has been revived. Badal's skill as a leader helped not only in governance, but also in
keeping his coalition partner in good humour. 'The coalition completed its full term because of
the mutual advantages that accrue to both partners," says Barnala. '
The BJP-Akali. (Badal) combine swept the 2004 Lok Sabha elections winning 11 of the 13 seats
in the State. The two alliance partners the SAD (B) polled 34.3 per cent votes and the BJP polled
10.5 per cent votes. This is a complete reversal of the results of the 1999 Lok Sabha elections and
the 2002 Assembly elections.
Bihar
The Congress suffered one of the major defeats in Bihar in 1967. From March 1967 to February
1972, it had as many as nine governments with a life span varying from four days to ten months.
Six of the nine governments were non-Congress governments and the remainder were Congress-
led coalitions. As many as six of the Chief Ministers were defectors. Since 1967 Bihar had been
under President's Rule thrice.
In the 1967 elections, the Congress was able to secure only 128 out of 318 seats. Non-Congress
parties secured 178 and the Independents got 12 seats. The largest gain was recorded by the SSP.
It won 67 seats and took the lead in attempting a coalition of the non-Congress parties. This
coalition, or United Front which consisted of five parties—the SSP, PSP, Jana Sangh, Jana Kranti
Dal and CPI was formed under the leadership of Mahamaya Prasad Sinha in March 1967. The
CPI(M) and the Swatantra Party supported the coalition without actually joining the Ministry.
The coalition partners did not share any common ideology, but were primarily motivated by the
desire to keep the Congress out of power and share the spoils of their victory.
Congress leaders made a concerted effort to topple the United Front Ministry. There were a
number of defections from the ranks of the coalition parties and in January, 1968 it succeeded in
outvoting the government.
Sinha's fall was followed by a Congress-led coalition government led by B.P. Mandal, a defector
from Mahamaya Prasad's government. On 18th March after a life of 47 days, the Congress-
backed Shoshit Dal ministry headed by Mandal and consisting entirely of defectors was voted out
of office. In March 1968, another United Front government was formed under Bhola Paswan
Shastri, a defector from Congress. But he also tendered his resignation because of the
blackmailing tactics of the Raja of Ramgarh. While tendering his resignation, the Chief Minister
recommended the Governor to dissolve the Assembly. Thus, the state was placed under
President's Rule.
The mid-term election of February 1969 did not bring about any substantial change in the
complexion of the Bihar Assembly. Soon after the elections, a Congress-led coalition was formed
under the leadership of Sardar Harihar Singh. However, his government fell down in June 1969
when several members844
INDIAN GOVERNMENT AND POLITICS
Shastri with the support of the SSP, CPI, Jana Sangh and certain other minor parties.
However, within eleven days it too tendered its resignation because of withdrawal of
support by Jana Sangh.
In the wake of the Congress split of 1969, new alignment took place amongst the various
Congress factions in Bihar. KB. Sahay, M.P. Sinha and S.N. Sinha supported Congress
(O); leaders like Daroga Prasad Rai, Jagannath Misra supported the Congress (R).
Numerous efforts to form a coalition government in Bihar proved of no avail till February
1970 when the revocation of the 227-day second spell of President's Rule was followed
by the installation of a three-member cabinet headed by Daroga Prasad Rai (Congress-R).
The partners of this coalition were BKD, Soshit Dal, the All India Jharkhand Party, etc.
The CPI and PSP also extended support to this Ministry. This coalition stayed in office
for 306 days and was ultimately turned out by a non-confidence vote in the Assembly.
The Daroga Rai Ministry ran into rough weather due to the simmering discontent over the
composition and expansion of the cabinet.
The fall of Daroga Prasad Rai was followed by a new coalition led by SSP leader
Karpoori Thakur (SVD Ministry). This was the ninth Ministry in Bihar since the 1967
elections. This Ministry continued in office till the 1971 general elections to the Lok
Sabha. The spectacular succees of the Congress (R) was bound to unnerve the SVD
parties. A spate of defections to the Congress (R) followed. The Congress (0) particularly
seemed to be in for landslide defections and ultimately Karpoori Thakur tendered the
resignation of his Ministry on June 1, 1971. Once again Bhola Paswan Shastri formed the
government with the support of Congress (R), CPI, PSP, a Jharkhand group and Soshit
Dal Group. This coalition stayed in office till it was advised to tender resignation to
facilitate Assembly elections in February 1972.
The Janata Party secured a landslide victory in June, 1977 elections of Bihar Assembly
and the Bihar Ministry was a coalition of the BLD and Jana Sangh, but this proved far
from stable in Bihar. When the Jana Sangh menJ were thrown out of the U.P.
government, it was largely a reaction to this that' the Jana Sangh group decided to topple
the Karpoori Thakur Ministry in Bihar. A new Janata Ministry was installed under the
stewardship of Ram Sunder Das. With the historic split of the Janata Party and after the
formation of the Lok Dal in mid-1979 this Ministry was saved by the support of the
Congress (I).
The very nature of the post-1967 coalitions in Bihar politics representing unprincipled
alliances militated against political stability and effective and good government. They
were based on the desire to share the spoils of power and patronage with hardly any
agreement on common objectives, policies, programmes and priorities. The coalition
partners often moved in different directions while the people suffered. They only sought
to strengthen their own power base and further their own sectarian interests. No one had
any time to devote to the desperate development needs of the state. The Bihar coalitions
proved to be notoriously unstable and short-lived with the result that during 1967-71
Bihar hardly had any government. Of the 40 Lok Sabha seats from Bihar (2004 elections)
the RJD and its allies won 29 seats and polled 45.1 per cent of the votes. The BJP and its
allies could manage to win only 11 seats polling 37.1 per cent votes. There is no doubt
that the alliance with Paswan's LJNSP did bring some new voters into the RJD fold. The
major alliance partners the RJD and the LJNSP, managed to transfer a large number of
voters to the alliance. The political alliance is directly related to social coalitions. The
RJD has been very popular among the Yadavs and the Muslims in Bihar whoCOALITION
POLITICS IN THE INDIAN STATES
845
ther minor because of
took place Sinha and Jagannath ion govern-ition of the llation of a bs-R). The jiand Party, is
coalition -confidence ther due to )e cabinet.
led by SSP iry in Bihar 971 general ess (R) was bngress (R) B defections Ministry on timent with
Soshit Dal resignation
elections of P and Jana :Sangh men to this that try in Bihar. tarn Sunder lation of the Congress (I).
■epresenting
ffective and
lils of power
!
es, policies,
in different
8n their own
any time to
ar coalitions
that during
a seats from
lied 45.1 per
lily 11 seats
ith Paswan's
lice partners
voters to the
ns. The EJD
i Bihar who
constitute nearly 14-15 per cent of the population. The alliance with LJNSP added to its fold
another 5 per cent Dushad votes. Such a social combination certainly had an electoral strength
capable of upsetting the calculations of the opposition.
Kerala
With the approach of the 1967 elections a United Front was forged in Kerala. By September 1966
a common policy declaration had been reached by the seven components of the Front — the
CPM, CPI, SSP, RSP, KTP, KSP and the Muslim League. The policy declaration applied only to
state matters, leaving each party free to maintain its distinctive position on national and
international questions. The seven-party United Front, with 51.6 per cent of the vote, secured 113
of the 133 Assembly seats. E.M.S. Namboodiripad became Chief Minister, but soon coalition
partners accused him of protecting his own party people. "During 31 months of its tenure, the
United Front government was torn by continuous conflict. Hanging on after the resignation of 7
of the 12 parties from the coalition government, Namboodiripad finally resigned in October 1969
in the face of a majority motion in the Assembly on the issue of corruption. CPI member of
Parliament, Achutha Menon, placed responsibility for the government's collapse on the big party
bossism of the CPM, its disruptive behaviour and sectarian policies."
On November 1, 1969 a new coalition Ministry headed by C. Achutha Menon (CPI) was formed
with the support of Congress. The CPI-led coalition, included the Muslim League, the ISP, and
the Kerala Congress, with the RSP and subsequently after the 1969 split the 'progressive' wing of
the Congress extended support from outside the Ministry. This was intolerable for CPM and the
party began violent activities in the State. The contradictions within the 'mini-front' government
were becoming increasing evident as demands for the expansion of the Ministry increased.
Strengthened by confidence of his own success, Chief Minister Achutha Menon dissolved the
Assembly in June 1970 and called for fresh elections.
In the September 1970 elections, one Front was dominated by the CPM, the other by CPI, and a
third one by Congress (O). The CPI's United Front and the Congress (R) campaigned from
virtually the same manifestoes. The accomplishments of the Achutha Menon government were
emphasized as the beginning of rapid progress toward a new social order, the implementation of
the Land Reforms Act, extension of the labour welfare gratuities scheme, etc. Its main promise
was stability. The election results gave the United Front-Congress (R) alliance a narrow majority
of 68 seats in a House of 133. In October 1970, Achutha Menon formed a coalition government
with the support of the Congress from outside. Kerala achieved remarkable stability and this
United Front Ministry enjoyed the longest tenure in the State's history. It completed its full five
year term in July 1975 and its term was extended by another six months under article 172 of the
Constitution.
The March 1977 Lok Sabha results had no impact on Kerala politics because the same coalition
maintained its majority and the Congress (I) emerged as the largest party in the Assembly. The
Congress leader, Karunakaran, was installed as the leader of the coalition, but he was soon forced
to resign on the Rajan episode. A.K. Anthony took over the leadership of the coalition and soon
after the Congress split he resigned. This time P.K. Vasudevan Nayar (CPI) was chosen to head
the coalition. Due to party strains and differences, the coalition government resigned and K.C.H.
Mohammed846
INDIAN GOVERNMENT AND POLITICS
Koya of the Muslim League was installed as Chief Minister on October 12,1979. After the
resignation of the Koya Ministry, the Kerala Assembly was dissolved on 30th November and
fresh elections were held on January 20, 1980. The,; CPI(M)-led seven party front got 93 seats in
a House of 140. Kerala passed out of the control of the Congress (I) and into the hands of the
Marxists. But the Marxist-led coalition government collapsed when Anthony led his 22-member
group (now rechristened the Congress-S) out of the coalition on 16th October, followed five days
later by the nine-member Mani group and brought down E.K Nayanar's six-party Ministry. The
state was put under President's Rule and after a few months K. Karunakaran of the Congress (I)
was installed as the Chief Minister. Karunakaran's Congress (I)-led coalition had come to power
on the strength of defections. He swelled his supporters from 41 to 70 in a couple of months.
After Lonnappan Nambadan of the Kerala Congress and Mani (KC-M) crossed the floor in March
1982 to bring down Karunakaran's Ministry, the State's political parties began totalling up their
balance sheets for the next elections.17
The Congress (T)-led 11 party United Democratic Front in Kerala won the electoral race in the
May 1982 elections. They bagged 77 out of 140 Assembly] seats. The election results clearly
showed that the people of the State were in I favour of a non-Marxist-led coalition government.
The 19 member Ministry of) Karunakaran was the largest Ministry so far in Kerala. Every fourth
MLA was a minister and the partners of the coalition were more interested in self-aggran-
disement.
The Karunakaran Ministry of 1982 to 1987, drawn from seven parties and two independents, was
perhaps the most extraordinary in Kerala's tortuous political history. From its inception it was
riven with dissension, infected by communalism and widely accused of venality.
Again the elections in 1987 were fought with a multiplicity of parties, organised into a CPI(M)-
led LDF and a Congress-led UDF. The LDF won 76 seats—the CPI(M) 36—to the UDF's 60—
Congress 33—but with a 1 per cent margin of percentage votes (44.91 to 43.70). E.K. Nayanar
formed his second coalition ministry.
In June 1991, for the Congress-led UDF it was a surprise victory. What tilted the scales in the
UDF's favour was a combination of the sympathy factor, the anti-Mandal polarisation and the
BJP's strategic voting. A Coalition Government came into existence with Karunakaran as Chief
Minister.
In 1996 Assembly elections the LDF captured 80 of the 140 seats. The margin of victory was
narrow (1.3%). The UDF, too had non last-time with a razor thin difference of 1.7% and LDF's
1987 victory was made of an even smaller 1.1% margin. For the Congress-led UDF ended up
with only 59 seats with 43% votes—3.8 per cent less than the 46.8% it polled in 1991. E. K.
Nayanar, 76, who earlier headed governments in 1980-82 and 1987-91, was chosen to lead a 14-
member Coalition of six parties headed by CPI(M). The other partners are CPI, Janata Dal,
Congress(S), Kerala Congress and the Revolutionary Socialist Party (RSD).
In May 2001, the Congress led United Democratic Front has swept the Assembly elections in
Kerala, securing a record two-thirds majority. The UDF clinched 99 of the 140 seats. The LDF
had to be content 40 seats, a result which save some of the coalition partners being virtually
decimated. The Congress secured the most creditable victory, coming up thumps in 62 of the 88
seats it contested. Thus, Kerala has lived up to its 'tradition' of not endorsing the >er 12,1979. as
dissolved i 1980. The ! passed out sts, But the ;22-member Sth October, tdownE.K. 's Rule and ailed as the
to power on in a couple I and Mani I'S Ministry, for the next I
pda won the D Assembly ate were in Ministry of h MLA was ielf-aggran-
parties and t's tortuous infected by
of parties,
F won 76
11 per cent
[his second
;ory. What ithy factor, Bn Govern-
jseats. The ime with a bf an even ly 59 seats 991. E. K. 37-91, was >I(M). The is and the
swept the . The UDF suit which s Congress 88 seats it
COALITION POLITICS IN THE INDIAN STATES
847
incumbent regime a second time. A fierce anti-incumbency wave has set to drive the CPI (M)-led
LDF out of power. The failure of the LDF Government on different fronts had much to do with
the LDF's near-rout at the hustings.
Manipur
In February 1990 Assembly Elections the Congress (I) won 26 seats while the Janata Dal and
Manipur People's Party-led United Front secured an absolute majority in the 60 member
Assembly. The constituents of the Front are the Janata Dal, the MPP, the National Peoples Party,
the Congress (S), the CPI, the Kuki National Assembly and the CPM. The United Front's tally in
the Assembly goes to 32 and that of the Congress (I) to 26. The process of ministry making in
Manipur ran into rough weather as the United Front failed to decide on a consensus candidate to
lead its legislature party. The leadership tangle was resolved after protracted negotiations over the
last two days. The Janata Dal and the MPP had secured 10 seats each in the elections and each
party was keen to elect its leader as the leader of the ULF. However, R.K. Ranbir Singh of the
MPP was unanimously elected as the leader of the ULF and Amutombi Singh of the Janata Dal
has been sworn in as the Deputy Chief Minister.
Gujarat
After February 1990 Assembly elections, a Coalition ministry came into existence in Gujarat. The
Janata Dal which has 70 members staked the claim to form the ministry. It is supported by the
BJP which has 67 members. The two parties together have 137 MLAs in the 182 member house
enjoying more than three-fourths majority. On the 15 Cabinet ministers, eight belonged to the
Janata Dal and seven to the BJP.
The withdrawal of support to the National Front Government by the BJP had its political back-
lash in Gujarat, ruled by a Janata Dal—BJP coalition.
Following the Janata Dai's decision to part ways with the BJP, Gujarat Chief Minister
Chimmanbhai Patel was asked to seek the resignations of all BJP members of his ministry. The
BJP responded in kind; on October 26, 1990, its ministers led by Keshubhai Patel tendered their
resignations to the Chief Minister, then marched on to the residence of Governor and submitted a
memorandum demanding Chimmanbhai's resignation as his government was now reduced to a
minority. Later, Chimmanbhai Patel ministry survived a confidence motion with the backing of
the Congress (I)'s 32 MLAs. After a few months Chimmanbhai's faction of the Janata Dal merged
with the Congress (I).
TABLE 1
THE STABILITY PATTERN OF COALITION GOVERNMENTS BETWEEN 1967 AND 1971
States Number of Average period Number of Average period
Govts. of Govts. life (in spells of of President's
months) President's Rule (in months)
Rule
Bihar Haryana Kerala 7 3 2 3 3 4 3 1 4.2 3.2 20.5 8.3 2 1 1 8.5 6.8 1.8
Madhya Pradesh 10.8 7.8 8.9 45.9 1 2 1 6.8 6.2 12.2
Punjab Uttar Pradesh
West Bengal Orissa

[Source : Iqbal Narain, Twilight or Dawn : Political Change in India,848

INDIAN GOVERNMENT AND POLITICS
TABLE 2 FALL OF MINISTRIES IN THE STATES, 1967-1971
Ministry headed by
Bihar
1. Mahamaya Prasad Sinha (U.P.)
2. S. P. Singh
3. B.P. Mandal (Shoshit Dal—Congress supported)
4. Bhola Paswan Shastri (Second U.F. Ministry)
5. Sardar Harihar Singh (Congress led coalition)
6. Bhola Paswan Shastri (SVD)
7. Daroga Prasad Rai (Cong-R led six-party coalition.
8. Karpoori Thakur
9. Bhola Paswan Sashtri Gujarat
10. Hitendra Desai (Congress-O) Haryana
11. Bhagwat Dayal Sharma (Congress)
12. Rao Birendra Singh Kerala
13. E.M.S. Namboodiripad (CPM-led U.F.)
14. Achutha Menon (CPI) Madhya Pradesh
15. D.P. Misra (Congress)
16. G.N. Singh (SVD)
17. Raja Naresh Chandra Singh (SVD) Mysore
18. Veerendra Patil (Congress-O) Punjab
19. S. Gurnam Singh (U.F.)
20. S. Lachhman Singh Gill (Congress-supported Janata Party)
21. Gurnam Singh (Akali-Jana Sangh U.F.) Uttar Pradesh
22. C.B. Bupta (Congress)
23. Charan Singh (SVD)
24. C.B. Gupta (Congress)
25. Charan Singh (SVD)
26. T.N. Singh (SVD) West Bengal
27. Ajoy Mukherjee (United Democratic Front)
28. P.C. Ghosh (Congress supported Minority Ministry)
29. Ajoy Mukherjee (U.F.)
30. Ajoy Mukherjee (U.F.) Manipur
31. Koireng Singh (Congress)
32. Longjam Thamban Singh (U.F.)
33. Koireng Singh (Congress)! iPondicherry
| 34, Venkatasubba Reddiar (Congress)
35. M.O.H. Farrok Maricar (Congress)
36. Ventakasubba Reddiar (Congress)
Period in Office
Mar 1967-25 Jan., 1968
28 Jan.,1968-31 Jan., 1968 31 Jan.-18 Mar., 1968
22 Mar.-25 June, 1968 26 Feb.-19 June, 1969 22 June-1 June, 1969
16 Feb.-18 Dec, 1970
22 Dec, 1970-1 June, 1971 June 1971-27 Dec, 1971
Mar., 1967-31 Mar., 1971
10-22 Mar., 1967
24 Mar.-21 Nov., 1967
Mar. 1967-24 Oct., 1969
1 Nov., 1969-1 Aug., 1970
8 Mar. 30-July, 1967
30 July, 1967-19 Mar., 1968
13 Mar.-19 Mar., 1968
29 May, 1968-27 Mar., 1971
8 Mar.-22 Nov., 1967
25 Nov., 1967-23 Aug., 1968
17 Feb., 1969-26 Mar., 1970
14 Mar.-l Apr., 1967
3 Apr, 1967-17 Feb., 1968
16 Feb., 1969-10 Feb., 1970
17 Feb.-29 Sept.. 1970
18 Oct., 1970-30 Mar., 1971
2 Mar.-21 Nov., 1967
21 Nov. 1967-20 Feb. 1988 25 Feb. 1969-16 Mar., 1970 2 Apr.-28 Jan., 1971
Mar. 4-Oct., 1967 13-25 Oct., 1967 Jan. 24-Sept., 1969
19 Mar, 1967
9 April, 1967-6 Feb., 1968 6 Mar.-ll Sept., 1968
2.
3.
4. 1 t I
6. B;
in pc
[Source : Subhash C. Kashyap, The Politics of Power (New Delhi, 1974), pp. 11-2.1
Tl
when i breaka by ignc Bengal identifi StatesCOALITION POLITICS IN THE INDIAN STATES
849
TABLE 3 : COALITION TYPES : SUB-VARIABLES
68
171
m
968 |970
Is
1970 1971
!8S .970
1. By time sequence of (a) coalition formation : pre-election or postelection
Electoral alliance turned (a) coalition
(b) Post-election coalition
(b)
2. By mutual strength of (a) coalition partners
(b)
3. By strength of coali- (a) tion partners vis-a-vis legislative strength
(b)
4. By ideological orienta- (a) tion of coalition partners
(b)
One-party dominant coali- (a) tion
Major party dominant (b) coalition
Majority governmental (a) coalition
Kerala coalition after 1967 general elections and 1970 mid-term poll; Orissa coalition after 1967 elections, Punjab coalition after mid-
term poll (Feb. 1969); West Bengal coalition after midterm poll (Feb. 1969) The coalition in U.P., Bihar and Madhya Pradesh after
1967 elections. Tamil Nadu (DMK secured 138 out of 234 seats) where the DMK decided to form the government and other partners
of the electoral alliance continued to support it in the Legislature. Congress (R)-BKD coalition in U.P.; Swatantra-Jana Congress
coalition in Orissa.
Coalition in West Bengal, Madhya Pradesh and U.P.
Minority governmental (b) Gill Ministry in Punjab;
coalition P.C. Ghosh Ministry in
West Bengal, Achutha Menon Ministry in Kerala. (a) Swatantra-Jana Congress coalition in Orissa.
5. By number of coalition (a) partners
(b)
Ideologically homo-
geneous coalition government
Ideologically hetero-
geneous coalition government.
Many party governmental coalition
Two party governmental coalition
(b) SVD Governments in U.P., M.P. and Bihar.
6. By interaction infra-structure politics.
(a) SVD Governments in U.P. and Bihar
(b) Congress (R)-BKD coalition in U.P.; Swantantra-Jana Congress coalition in Orissa; Akali-Jana Sangh coalition
in Punjab. Gurnam Singh Ministry after 1967 in Punjab. Coalitions in Bihar and Akali-Jana Sangh coalition in
Punjab.
(b) United Front governments _________________________________________in Kerala and West Bengal. t
[Source : Iqbal Narain, Twilight or Dawn : Political Change in India, 1967-71
(Agra, 1972), pp. 138-40.!
of and
(c)
(a)
Few party governmental (c)
coalition
Infrastructure
dominated coalition
(a)
(b) Secular coalition
168
pp. 11-2.1
SALIENT FEATURES OF THE COALITION GOVERNMENTS
The Fourth General Elections saw the collapse of the Congress system when non-Congress
coalition governments were formed in eight states by breakaway Congress groups. However, few
of these coalitions-cobbled together by ignoring ideological differences—survived long. States
like Kerala, West Bengal, Punjab and Orissa were exceptions because ideology and sub-cultural
force. Tn most parts of north India, particularly,

850
INDIAN GOVERNMENT AND POLITICS
ideologically opposed political outfits led a precarious existence. 19 Some of the salient features of
the Coalition governments formed in the Indian States are as follows :
1. Unstable Coalitions : Coalition governments were unstable governments since they had no
inherent compatibility amongst constituent parties. They had their own internal contradictions
which led to the breakup not only of various fronts but of governments as well.
2. Anti-Congressism : The main object of the coalitions was to dislodge the Congress Party and to
break its monopoly. The high priest of this strategy was the late Ram Manohar Lohia. D.C.
Pavate rightly observes : "The prime reason for such a coalition of opposition groups was not to
provide an alternative government with a purposive programme different from that of the
Congress but to oust the Congress from power somehow or other."
3. Lack of Polarisation : The coalitions were marriages of convenience. They were not formed
on principles or on the basis of polarisation of political forces. There were widely heterogeneous
elements like the CPI and Jana Sangh, BSP and BJP, Akali and BJP. It was just for the sake of
capturing power that issues of ideological significance were either side-stepped or compromised
and non-Congress coalitions of a most heterogeneous variety came into being. Indeed there was
no sincere urge for political polarization even among the parties of the same ideology.
4. Based on Political Defections : These coalitions proved to be dependent upon a few 'Aya
Rams' and 'Gaya Rams' present in almost every Legislative Assembly. Thus, defectors really
became responsible for the making and unmaking of coalitions and for their failure.
5. Political Opportunism : The most important factor in the formation of the coalitions was
political opportunism, coalition governments became a game of selfish, opportunist, power-
hungry and unscrupulous politicians who had to look after nothing but their personal interests.
The role of the Bahujan Samaj Party (BSP) in U.P. politics is rightly highlighted, "Dubbed
unreliable, opportunistic and temperamental, the BSP which has changed four partners in less
than four years in Uttar Pradesh, is
like the blowing wind.....In U.P. it tied up with the Samajwadi party in 1993,
split from it to form a government by joining hands with the BJP. Barely four months later it fell
out with the BJP and Veered towards Congress, only to ditch it in favour of the BJP once
again."20
Coalition governments continued to be unstable. Those which were based on a pre-electoral
agreement among ideologically similar parties fared somewhat better than those formed' after the
election. The Orissa coalition, which was formed between two compatible rightist parties, lasted
throughout the period. The coalitions which were least viable were those in Bihar, Uttar Pradesh,
Nagaland, Manipur and Meghalaya. Both included such heterogeneous members as the Jana
Sangh and the Communist Party of India. Anti-Congressism did not have a very cohesive effect.
The common programmes which were agreed to by the partners at the time of the formation of
these governments were hurriedly drafted and attempted to cover all differences, which later
proved difficult to resolve.
There was general agreement on things of a general nature such as the promotion of education,
price control, undertaking of social welfare activities, the installation of tubewells, etc. But
insistence by the Jana Sangh and the SSPCOALITION POLITICS IN THE INDIAN STATES
851
on the abolition of English and the compulsory use of Hindi became a major source of dissent in
the Bihar and U.P. coalitions. The CPI(M)'s alherence to gheraos, violence and resort to similar
means never palatable to its other partners in the West Bengal coalition. Chief Minister Ajoy
Mukherjee came out in the open against his own government. The political parties entering coali-
tions, considered it more of an opportunity than a responsibility and tried to use it to strengthen
their political base in society. This led them to take possession of key portfolios in the
government through which vast power of resources and patronage could be commanded. Thus,
portfolio arrangements were often quite temporary. Discipline, so essential for running a
government, was at a low ebb. The Chief Ministers were neither feared nor respected. They were
no longer architects of a cabinet and were incapable of taking any vital decisions on their own.
Ajoy Mukherjee's satyagraha in West Bengal against his own colleagues, who, he thought, were
not seeing reason, illustrates the helplessness of some Chief Ministers in coalition governments.
The Chief Minister, in fact, was not a leader of a cabinet, but just one of it. Some of the Chief
Ministers, e.g. Ajoy Mukherjee of West Bengal and Charan Singh of U.P., were not even leaders
of the dominant parties in the legislature. They became Chief Minister because the mathematics
of politics favoured them and the dominant parties used their ministerial positions to consolidate
the strength of themselves or their own party rather than for a coalition governmental purpose.
The Congress Party in these coalition states did not reconcile itself with an opposition role.
Critics pointed out that it resorted to the same methods for regaining its lost power that the others
had used. Besides the usual financial and power appeals, they could use the state Governors. It
was alleged that the way in which Governor Sampurnanand (Rajasthan), Dharamvira (West
Bengal), Gopala Reddy (U.P.) and Romesh Bhandari (U.P.) behaved, implied that they were
acting on instructions from the Centre.
The clue to longevity of these coalitions, especially the Left dominated coalitions in West Bengal
and Tripura, lies in the comparatively higher level of party institutionalisation in these States. In
contrast, politically fragmented and socially heterogeneous States like UP and Bihar with week
party institutionalisation have seen the lives of successive coalition governments snapped by
opportunistic defections and floor crossing.
Unlike in north Indian States, coalitions in Kerala and West Bengal have been invariably
preceded by detailed agreements before the constituent parties face the polls. And they have
permanent fora for inter-party negotiations on the pattern of Italy's majority summits. These
coalitions are not formed because no party could obtain a majority in the elections but because
transfer of votes among the constituent parties gives the coalition a winning edge.
POLITICAL AND CONSTITUTIONAL IMPLICATIONS
The era of coalition politics signified a break with the past. The strains and stresses of coalition
politics, which were both narrowly local narrowly dated before 1967 and which now threaten to
cover almost the entire political spectrum particularly since the Congress split, constitute the
heart of the institutional challenge. It is being questioned whether parliamentary government and
federal polity can at all co-exist with coalition politics. Whether parliamentary government and
federal polity operating within the confines of coalition politics are at all conducive to the
challenging tasks of nation building? The nolitical and constitutional implications of the coalition
politics are852
INDIAN GOVERNMENT AND POLITICS
1. Decline of the Office of the Chief Minister : The leadership of the Chief Minister is an accepted
principle of the parliamentary form of government, but this hardly appears to be empirically
tenable in the context of coalition politics in India. A person does not owe Chief Ministership to
his election as a leader of a particular party or to his pre-eminence within a party but to inter-
party acceptance which is usually the result of a process of hard bargaining. There are claims and
counter-claims which result in the creation of Deputy Chief Ministership. Some times a Deputy
Chief Minister may try to outsmart the Chief Minister himself. The Chief Minister's leadership,
therefore, tends to be more contractual than a cultivated one and as such he is Chief Minister by
courtesy and sufferance of the coalition partners than by right. Secondly, the Chief Minister does
not always enjoy even elbow room in the distribution of portfolios. Major parties in the coalition
will have their own favoured portfolios and insist on retaining them. The position of the Chief
Minister in many cases was seriously undermined to the extent that they came virtually under the
influence and command of his deputy. Besides, the position of some other ministers appeared so
sound that the Chief Minister virtually lost the privilege of being 'first among equals', what to say
of his being 'a moon among the lesser stars' or 'a master of his ministers'.
2. The New Activist Role of the Governor : The constitutional headship of the formal executive
(Governor) is also an important characteristic of a parliamentary government. It is a highly
controversial issue whether the Governor has always succeeded in living up to this ideal. The
Governor's office, which was so far a gubernatorial assignment, became the butt of criticism as an
instrument of Central intervention in the hands of the ruling Congress-party. The era of coalition
politics in the States expanded the scope of the discretionary powers of the Governors. The
conduct of the Governors in exercising their constitutional powers in their discretion became the
subject of severe criticism. For obvious reasons Governors have found those situations delicate to
handle where coalition partners have either been numerous, where it is heterogeneous, its margin
of strength is thin or where fringe parties and groups have been proven to hold the coalition at
ransom.
3. Heterogeneous Character of the Government : Political homogeneity, which is another
characteristic of the parliamentary government is rooted in programmatic unity. Efforts are made
to provide for programmatic unity through minimum programmes under coalition
governments .The parties in the coalition have different support structures which militate against
minimum programmes. Thus, while communists would press for compulsory grain procurement
and an honoured place for Urdu in Bihar and U.P., the Jana Sangh would oppose it. Thus,
minimum programmes are a necessary evil, dysfunctional to political homogeneity, they are more
a source of weakness than of strength to the various coalition governments.
4. The Mockery of Ministerial Reponsibility : Ministerial responsibility is still another
characteristic of parliamentary government. Coalition politics had its adverse effect on the issue
of ministerial responsibility. Most of the ministers acted in a most reckless manner in violation of
all norms of parliamentary decorum with the result that the position of the executive came under
the dominance of the legislature. Moreover, it appears that ministerial responsibility has been
more individual than collective in the experience of coalition governments at the State level, so
much so that Ajoy Mukherjee, the Chief Minister of West Bengal, would resort to hunger strike
and mass satyagraha against Jyoti Basu, Minister in his own cabinet. COALITION POLITICS IN THE
INDIAN STATES
853
5. The Emergence of a Super-Cabinet : Wliat undermined the significance of the cabinet in a
coalition was the co-ordination committee of the constituent partners. It acted as the super
cabinet. It even made the Chief Minister a mere figurehead and the leader of any other party
became the one who commanded the strongest position in this committee. Contrary to all
constitutional provisions and usages, the Chief Minister tendered his resignation not to the
Governor but to this body; he sought to constitute and reshuffle Ms cabinet with the sanction of
this body alone. As a result, real power fell in the hands of those who controlled this committee
regardless of their position in the cabinet itself.
6. Increasing Power of Bureaucracy : In coalition governments the bureaucracy became all
powerful. C .P. Bhambri points out that politically weak, faction-ridden cabinet proves a blessing
for the bureaucracy to thrive. When parties are weak, divided, or getting fragmented, if cabinets
are unstable and if parties in legislature are busy in manipulating the rise or fall of cabinets, the
bureaucracy is left free to accomplish whatever it sees fit.
7. Centre-State Disputes : Coalition governments were almost in the mood of confrontation with
the Centre. The Kerala coalition refused to obey Central directions. The West Bengal coalition
had a controversy with the Centre with regard to the deployment of the Central Reserve Police
(CRP) and for the recall of the Governor Dharamvira. Fearing discrimination against the non-
Congress coalition ministries, Chief Ministers have insisted upon the adoption of definite rules
for disbursement of various grants-in-aid and share in Centrally collected taxes.
Coalition experiments have failed. This is as much due to clash of personalities and conflicts of
power as to a clash of class and economic interests. One of the reasons of the failure of coalition
governments may be found in the mis-judgment of the partners who sought to observe different
standards of democratic functioning and moral behaviour. Political defections motivated by the
lure of office made the life of coalition governments highly unstable. Most of the constituent
parties acted and behaved more like interest groups than political parties in a real sense by
shifting their loyalties in a most unscrupulous manner. Excessive political strife and repeated
unstable governments also put the administrative machinery in serious jeopardy. The unstable
governments in the States also posed a threat to the security of the country. The agonising story
of these coalitions leads us to the truth of the remarks of Lord Stanley : "confidence in public men
has been more shaken by coalitions than by all the acts of personal mis-conduct taken together."
This history of coalitions since 1967 makes it clear that the scope of coalition politics is widening
in Kerala, Manipur, Nagaland, Meghalaya, West Bengal, U.P. and Maharashtra. The SP-BSP, the
BSP-BJP, the BJP-BSP Coalition in U.P., the BJP-HVP Coalition in Haryana, the Akali-BJP
Coalition in Punjab and BJP-Shiv Sena coalition in Maharashtra are the latest examples of
coalition governments in India. This is going to be true with regard to other states as well.
Coalitions may be formed with or without ideological foundations, but a combination of parties
having little in common cannot bring about the evolution of norms which would be essential for
the stability of the system. The future of coalitions depend on this important factor.
REFERENCES
1. Myron Weiner, State Politics in India (New Jersey, 1968), p. 3.
2. Sri Ram Maheshwari, State Governments in India (Delhi, 1979), pp. 1-4.
3. PaulH. Appleby, Public Administration in India : Report of a Survey (New Delhi, 1953), p. 9.
4. Ibid., p. 81.854
INDIAN GOVERNMENT AND POLITICS
5. Ibid., p. 22.
6. Yogesh Vajpeyi, "Coalition Makes for the Strangest Bedfellows", The Indian Express, June 24, 1996.
7. As B.L. Maheswari explains : "In an intra-party coalition, consensus tends to become the accepted method of
conflict resolution and in the final analysis the call of party unity works. On the other hand, in an inter-party coalition,
since the parties do not have common leadership, common programmes, and common memories, the bargaining
process stresses the collateral relationship. Refer to his paper, "Politics of Coalition," in Economic and Political Weekly
(Bombay), Annual Number, 1970, p. 118.
8. By thus defecting thrice within a fortnight, Gaya Lai set a new record in the chronicle of defection politics in
Haryana.
9 . Subhash C. Kashyap, The Politics of Power (New Delhi, 1974), pp. 175-76.
10. The Hindustan Times, March 18, 1968.
11. R.N. Singh Deo, who was Deputy Chief Minister in the Congress-Gantantra Parishad coalition in 1959-61 became
the Chief Minister as he was the leader of the largest group in the Assembly, P.M. Pradhan, the Jana Congress group
leader and also a minister in the 1959-61 cabinet, took the office of the Deputy Chief Minister.
12. The Hindustan Times, 20 November, 1969.
13. Arun Kumar, 1996 Poll Story (Delhi, 1997), pp. 229-30.
14. India Today, March 31, 1994, p. 55.
15. S. Rajagopalan, "A Marriage of Convenience", The Hindustan Times (Sunday Magazine), March 30, 1997.
16. Myron Weiner, John Osgood Field, eds., Electoral Politics in the Indian States (Delhi, 1975), pp. 177-209.
17. India Today, April 15, 1982, p. 38.
18. Arun Kumar, n. 13, pp. 223-24.
19. Yogesh Vajpeyi, n. 6.
20. The Hindustan Times (Sunday Magazine), March 30, 1997.
press, June
become the nity works, fire common
jess stresses gnomic and
fchronicle of
fa Parishad fest group in lister in the
Magazine), elhi, 1975),
Chapter 60
CRIME AND POLITICS: THE NEXUS
Nani A. Palkhivala, the eminent constitutional expert observes that "I do not think India, in its
entire history of five thousand years, has ever reached a
lower level of degradation than it has reached now.....The picture .that emerges
is that of a great nation in a state of moral decay, of which crime, chaos and corruption are three
of the several facets."1 India at fifty is sick and sad. The body politic appears to be suffering from
a multi-organ failure; every organ seems to have gone dysfunctional at least in so far as the life of
the common man is concerned. The evidence of eroding political order is everywhere. The
omnipresent but feeble state, in turn, has vacillated; its responses have varied over a wide range :
indifference, sporadic concessions and repression. The ineffectiveness of repression, moreover
has highlighted the breakdown of the civil machinery intended to enforce the law and maintain
order. In order to protect themselves, citizens in some parts of the country have begun to organise
private armies.2 In the words of Atul Kohli, "Sooner or later all developing countries become
difficult to govern, and over the past two decades India has been moving in that direction." 3
Nothing can be sadder than the Home Minister expressing inability to do anything in the face of
lawlessness and the crime and the Prime Minister himself throwing up his hands in utter
helplessness in the matter of corruption charged politicians not heeding his advice to resign,
leaders maintaining double faces and different standards of conduct and saying one thing in
public and another in private. The election process has been largely taken over by criminal
elements and money power.
Vohra Panel Report
The much talked report of the Vohra Panel4 categorically points out that the crime syndicates and
mafia organisations have developed muscle and money power and established linkages with
governmental functionaries, political leaders and others. The report observes :
"An organised crime syndicate/Mafia generally commences its activities by indulging in petty
crime at the local level, mostly relating to illicit distillation/gambling/organised satta and
prostitution in the larger towns..... In the
biggest cities, the main source of income relates to real estate—forcibly occupying
lands/buildings, procuring such properties at cheap rates by forcing out the existing
occupants/tenants, etc. Over time, the money power thus acquired is
used for building up contacts with bureaucrats and politicians.....The money
power is used to develop a network of muscle power which is also used by the politicians during
elections."5
The CBI has reported that "the nexus between the criminal gangs, police, bureaucracv and
politicians has come out clearly in various parts of the856
INDIAN GOVERNMENT AND POLITICS
The DIB has also stated that there has been a rapid spread and growth of criminal gangs, armed
senas, drug mafias, smuggling gangs, drug peddlers and economic lobbies in the country which
have, over the years, developed an extensive network of contacts with the
bureaucrats/Government functionaries at the local levels, politicians, media persons and
strategically located individuals in the non-state sector. In this context, the DIB has given the
following examples :
(i) In certain states like Bihar, Haryana and U.P., these gangs enjoy the patronage of local level
politicians, cutting across party lines and the protection of Government functionaries. Some
political leaders become the leaders of these gangs/armed senas and, over the years, get
themselves elected to local bodies, State Assemblies and the national Parliament. Resultantly,
such elements have acquired considerable political clout seriously jeopardizing the smooth
functioning of the administration.
(ii) The big smuggling syndicates having international linkages, have spread into and infected the
various economic and financial activities, including hawala transactions, circulation of black
money and operations of vicious parallel economy causing serious damage to the economic fibre
of the country. These syndicates have acquired substantial financial and muscle power at all
levels and yield enough influence to make the task of Investigating and Prosecuting agencies
extremely difficult; even the members of the judicial system have not escaped the embrace of the
Mafia.
DIB has stated that the network of Mafia is virtually running a parallel Government, pushing the
State apparatus into irrelevance.... The cost of contesting elections has thrown the politicians into
the lap of these elements...."8
Thus, the quintessence of the Vohra Committee report is that "Crime syndicates flourish under
political patronage" and "the politician—criminal nexus was running a parallel government
pushing the State to irrelevance."
POLITICISATION OF CRIME AND THE CRIMINALISATION OF POLITICS
L. S. Rathore rightly observes, "Another feature in the political culture of ruling class is the
politicisation of crime and the criminalisation of politics. Politicisation of crime involves the
competitive use of anti-social forces for the mobilisation of party funds, for management of
elections, for organizing meetings and conferences and even for recruiting workers at lower
levels from among anti-social elements. It also means the misuse of criminal intelligence as a
political tool for blackmailing political opponents."9
"Criminalisation of politics means direct entry of criminals into the political parties and
legislatures, including Parliament. It also means the use of criminal methods and tactics to
influence political processes and procedures."10 Crooks and criminals and rogues and rascals are
increasingly taking over politics. No other vocation yields bigger and quicker returns.
Today politics is no longer decent; the hooligans and hoodlums are gaining control of public life.
The notorious criminals, history-sheeters, smugglers and murderers are swarming in politics, they
are prowling in search of prey or plunder. Formerly, they were on the periphery of Indian
political life; now they have moved considerably towards the centre to manipulate the gears and
levers of political machine.
The former Bihar Chief Minister Mr. Laloo Yadav, once made a statement in the Bihar Assembly
that some members came to the House with arms and that very soon there would be firing in the
House if the tendency was not curbed. The carrying of guns into the Bihar Assembly, therefore,
reflects the growing criminalisation of politics in the State. Kuldip Nayar, a renowned
journalist,CRIME AND POLITICS : THE NEXUS
857
wrote in the Indian Express of August 7, 1995 that according to the Chief Election
Commissioner, 180 out of the 425 members of U.P. Legislative Assembly had criminal records
and the last general elections in Bihar were contested by as many as 243 candidates against whom
charges were pending.11 In 1977, the Bihar Assembly had 10 MLAs who were history-sheeters;
by 1990, there were 40. Kalyan Singh, the Chief Minister of Uttar Pradesh, expanded his ministry
in the last week of October, 1997 to include every defector and criminal who supported him in
the Assembly. According to India Today, "Of the 424 members of the Vidhan Sabha, 132 are
suspected criminals, 16 of them now actually sit in cabinet meetings presided over by Kalyan." 12
Election Commissioner G. V. G. Krishnamurty, while addressing press persons on August 20,
1997 said as per records, 40 members of Parliament have criminal cases pending against them
while nearly 700 members of State Assemblies out of 4,072, are named in criminal cases. 10
According to him it was an international accepted norm that "Law breakers cannot be allowed to
be lawmakers", which India must also follow.
India Today observes, that the teak panelled walls of the 11th Lok Sabha will shelter a host of
elected representatives charged with the most brutal of
crimes.....Name the crime, and chances are you'll find an MP charged with it.
Uttar Pradesh leads the way. A record 435 candidates with criminal backgrounds stood for
election; 27 of these actually made it to Parliament. Leading the list is the BJP with 14 MPs,
though they're charged mostly with petty cases. The SP has 7 MPs with criminal records, of
whom 4 are history-sheeters. The BSP has 3 MPs named in criminal cases and the Congress,
one.15
At the eve of 12th Lok Sabha elections, there were 150 out of 4,708 candidates all over the
country, against whom charges of murder, rape, robbery and extortion had been made at one point
of time or the other. In spite of the initiative taken by the Election Commission (EC) to debar
history-sheeters from seeking election to legislatures, at least 15 persons with criminal
antecedents have made it to the Lok Sabha16
As per the Outlook magazine 100 MPs in the 14th Lok Sabha have criminal charges against them.
Of these five score MPs across the political spectrum, roughly one-third can be described as those
involved in heinous crimes. A dozen have murder charges against them, another 10 have been
charged with attempted murder. Around 11 of these are in public perception, known as 'dons'.17
India Today observes, "The NDA has 37 MPs with criminal charges. Of 138 BJP MPs, the EC
lists 26, about 20 per cent with criminal charges. Out of 145 Congress MPs, 15 close to 10 per
cent, have criminal charges against them. The RJD has 40 per cent MPs with criminal charges
while the BSP has over one-third "tainted" MPs.
Prabhunath, Shahbuddin, Surajbhan and Soren have one thing in common. They all are MPs with
criminal charges against them. In a cruel irony, all of them display utter contempt for the law and
make mockery of justice, break the law with impunity and even get away with it. Criminalisation
of politics has become an all pervasive phenomenon. At one time politicians hired with criminals
to help them win elections by booth capturing. Today those same criminals have begun entering
Parliament and the state legislatures.18
Statistics testify to the changing nature of Delhi politics 19 out of 820 candidates contesting the 70
Assembly seats (in November 1998 Assembly elections), a staggering 172 or over 20 percent,
have criminal records. Eighteen are classified to dreaded criminals; another five are registered
bad characters858
INDIAN GOVERNMENT AND POLITICS
DELHI ASSEMBLY ELECTIONS (NOVEMBER 1998)
Total candidates 820
With Criminal Records 172
Sitting MLAs with Records 31
Party affiliations of 18 most 'dread'
Congress 3
BJP 1
JD 2
Independents 6
Others 3
Let us take the case of Dhanbad. It is a well known fact that there are organised gangs in
the Coal belt of Bihar, popularly referred to as the Coal Mafia, which support a massive
extortion racket and indulge in every sort of crime. They continue to function because of
political support.
In a much more publicised form we see similar things in Mumbai, where India's largest
city is also the base for India's best-organised crime. It is shameful that gangsters can
extort money, take over land, decide on issues of tenancy and even kill those who oppose
them in what was once the best policed city in India. Can this happen unless the top
politicians, officials and police are partners in the ravages of criminal gangs?
Thus the public perception, built over the years, is that politicians and criminals have
come to join hands. Politics has been criminalised and crime has been politicised. The
major cause for this, of course, is the decline in the quality of people now taking to
politics. Gone are the days when the MLA or MP was considered as one of the great 'gap-
closers' in Indian politics and worked as a catalytic agent between the masses and the
party or Government; instead he is a 'potential blackmailer'or 'wheeler dealer'politician.
Gone are the days when stalwarts like K. Kamaraj, Jawahar Lai Nehru, Sardar
Vallabhbhai Patel, Shyama Prasad Mukherjee, Lai Bahadur Shastri were often people
with high integrity, strong commitment and dedication to the public cause.
"People's expectations of theirrepresentatives have changed," says Professor D.L. Sheth,
a political Scientist at the centre for studies of Developing Societies. "Bourgeois morality
has been rejected. They now want a broker operator as their representative rather than a
clean man who may otherwise be ineffective." The image of the NETA it seems, has been
appropriated by someone who can deliver, how he does so is not a issue.
Describing this phenomenon as "the marketisation of power," sheth says the middlemen
politician has come of age in the business of electoral politics. Acquisition of power only
enhances the middleman's ability to deliver.
Most of those who held high offices under Indira Gandhi were men and women of straw;
she did not encourage the really able perhaps to further her dynastic ambitions.
Meanwhile, there were other types entering politics—lum-pens and gangsters. They first
emerged in West Bengal where almost all political parties from the Congress to the
CPI(M) used them in the politics of violence that gripped the State from 1967 to 1972.
The state also witnessed the first major exercise in rigging in the March, 1972 mid-term
Assembly elections : From West Bengal, the politics of violence and electoral rigging
spread to Bihar and Uttar Pradesh which became front-rankers in the business.
When violence, rigging and booth capturing became the idioms of politics, the advantage
passed on to those who could either resort to it themselves or get others to do it on their
behalf. Many gangsters soon realised that instead of helping others to become ministers
and legislators for money, it was better to become either themselves. They could then not
only mock at the police but plunder the State whose functions have multiplied. "Untill
1967, criminals wereCRIME AND POLITICS-: THE NEXUS
859
helping their political masters. Then they began to seek power themselves", says former Bihar
Director General of Police D. N. Sahay. Stoking their ambitions was the culture of lumpenisation
introduced by Sanjay Gandhi during the Emergency. "The nexus got crystallised and
institutionalised", says Sahay. Result : entry of criminals into the legislature.
Rathore observes, "So brutalised has become politics today that we are handing over the country
to underworld. The day is not too far when India shall have a new generation of ruling class led
by these buccaneers and criminals; and that day is too near when the gangsters are going to take
'giant strides' in politics."20
EFFORTS TO PREVENT ENTRY OF CRIMINALS INTO POLITICS
"Criminalisation of politics is worrying because Parliament is losing its credibility," says the
CPFs Indrajit Gupta. Jai Pal Reddy, the JD leader says : "All parties have a nexus with criminals.
The links just differ in degree from party to party.....and in nature from State to State." Vijay
Joshi, an economist and fellow of the Merton College at Oxford University observes, "In India,
the crime politics nexus goes beyond politics,.It's not a scramble for power, it's for what power
can do." In fact, the nexus runs so deep and so wide that it ensnares virtually every mainstream
party in every state.
In the words of Justice V. R. Krishna Iyer, corruption in public life begins with money in
elections. Our system of elections is beset with money and muscle power and both are readily
available with the underworlds. Although our election laws recognise the danger of illegitimate
money entering the political stream and section 77 of the Representation of People Act puts a
limit on election expenses incurred by a candidate. But there is no provision in the legislation to
regulate the flow of unaccounted funds into the coffers of political parties. As a result, the use of
unaccounted money in elections has become a fact of life. In the beginning, industrial houses and
big businessmen had financed political parties. While this practice continued, it was
supplemented by kickbacks and commissions received from foreign transactions. The experts are
of the view that if legitimate money is hot available to political parties to fight elections, they
have to depend on 'other' sources of income. Perhaps, state financing of elections which has been
a thorny issue in India, is worth giving a chance. The practice is followed in Germany and the
United States.
In a far reaching decision, the Election Commission on August 28, 1997 ordered that no
convicted person will be allowed to contest elections even if an appeal against the conviction was
pending in a higher court or the person was on bail. The order makes it mandatory for the
returning officers to take note of the legal position at the time of scruting of nomination papers of
the candidates and decide accordingly on its validity. Under the new order the Commission has
asked returning officers to get sworn affidavit from candidates mentioning whether the contestant
has ever been convicted; nature of offence, punishment imposed, period of imprisonment and
other retevant details. In its directive to the Chief Electoral Officers, the Commission observed,
"the disqualification of candidature for elections under section 8 of the RPA, 1951 would
commence from the date of conviction, regardless of whether the person intending to be a
candidate is out on bail or not." However, sitting members of Parliament and State Legislatures,
who have been convicted but are on bail, will not be covered by this order.21
i
Justice M. B. Shah's judgement in the Election Reforms case decided on May 2, 2002, struck a
blow for Indian democracy by giving detailed instructions860
INDIAN GOVERNMENT AND POLITICS
On June 28, 2002, the Election Commission implemented the Supreme Court's order within the
allotted time frame of two months. On May 14, the Commission wrote to the Government to
amend Forms 2Ato 2E of the conduct of Election Rules, 1961 dealing with nomination papers
and included drafts of the revised forms. On May 28, the Commission issued its order requiring
each candidate to furnish information to the Returning Officer on (i) past criminal convictions,
(ii) pending criminal cases carrying a conviction of more than two years, (iii) assets, (iv)
liabilities (especially public dues), and (v) educational qualifications.
The Supreme Court's judgement is based upon two premises : the citizen's right to know and of
informed voting under Article 21 and Election Commission's power and duty under Article 324 to
superintendent elections. Surely every voting citizen has a right to know background details about
a candidate which cannot and should not be hidden from the electorate.
If candidates are afraid of their own background, they have no business to enter public life. The
Supreme Court has not invented all this out of its own juristic back pocket without grounding its
judgment within the framework of the Constitution. There is sufficient precedent on both the right
to know as well as the powers of the Election Commission. Way back in 1978, Justice Krishna
Iyer in Gill's case (1978) spoke of fair elections being hijacked by 'mob muscle methods' and
subtle perversions. The Symbols Order case (1985) and the Electronic Voting case (1984),
recognised the residuary powers of the Commission in the matter of elections. In the Common
Cause case (1996), the Supreme Court judicially noticed that political parties spend over Rs.
1,000 crores on elections and that "nobody discloses the source of the money". The Election
Commission was reminded that it had the power to preserve the purity of elections. In the Vohra
Committee case (1997), the Court noted the nexus between money, muscle and power at all levels
of governance. Politicians from all parties entered into a conspiracy to defeat these rights for the
voters. The Government responded with an elaborate Bill to (a) half-heartedly implement the Law
Commission's proposal to disqualify those against whom a serious criminal charge had been
drawn up; and (b) implement the Supreme Court's directive in a hugely truncated way. But, even
these proposals of the Government were not acceptable to the politicians, their friends and
opponents. What emerged was an ordinance that totally nullified the voter's right to know about
the assets and educational background of the candidates. The proposed ordinance also contains
skewed and incomplete provisions on the criminal backgrounds of those standing for election.
Assets of elected members were to be disclosed to the Assembly and Parliament, which has
nothing to do with the voters right to know. No less, the Government backtracked on its own
proposals to disqualify those charged with criminal offences but not convicted of the same. The
President, A. P. J. Abdul Kalam, refused to sign the ordinance in exercise of his 'once-only-refer-
back' power. Without even an explanation, he was peremptorily over-ruled; and made to sign the
ordinance.
ROs cite RPA provisions : Jayalalitha disqualified (April 2001)
The nomination of the former Chief Minister and AIADMK general secretary Mrs. Jayalalitha,
for the Tamil Nadu Assembly election (to be held in May 2001) was rejected in all the four
constituencies where she has filed her papers. The returning officers for the four constituencies—
Andipatti, Krish-nagiri, Pudukottai and Bhuvanagiri-cited her conviction for three years for
corruption in the TANSI land deal case and declared her papers invalid. 22fe Supreme
iay 14, the ie conduct d drafts of firing each 1st criminal :e than two •ducational
ie citizen's Election
elections. ils about a te.
tusiness to
of its own mework of
:ow as well
e Krishna Bob muscle B) and the je Commis-|e Supreme E) crores on te Election i purity of
the nexus cians from iroters. The Implement I a serious hie Court's pe Govern-bts. What plow about bposed
ordinal back-[were to be lo with the % proposals if the same. in exercise Ji, he was
[K general i be held in is filed her |tti, Krish-\ years for
CRIME AND POLITICS : THE NEXUS
861
DECLARATION OF ASSETS, ANTECEDENTS MUST : THE SUPREME COURT
On May 2, 2002, the Supreme Court declared the voters' right to know a candidate's criminal
antecedents, educational qualifications and assets and liabilities. No sooner was this given effect
to by the Election Commission's order of June 28, 2002, politicians were up in arms. Legislation
was enacted to replace the ordinance of August 24, 2002, which the President, A.P. J. Abdul
Kalam, had reluctantly signed; and to upset and dilute the Supreme Court's order—with a specific
provision (Section 33B) mandating that the Court and the Election Commission's order be
ignored.
• The legislature made supplying information about educational qualifications redundant.
Information about assets and liabilities was not to be disclosed to the voter, but only by successful
candidates to the Speaker and Chair of the House after the election. The voters' right to know was
no longer pivotal and was reduced to knowing whether the candidate had been charged with an
offence which carried a prison term of more than two years or convicted and sentenced to
imprisonment for a year or more. This was not what the Supreme Court had in mind. The stage
was set for a confrontation.
• On March 13, 2003, the Supreme Court quashed part of the legislation to simultaneously
restore both its own and the Election Commission's order of May-June 2002. With this, the
contours of the voters' right to know are now defined by the Supreme Court's judgement and not
by Parliament's law.
• The Bench held that "a voter has a fundamental right to know the antecedents of a candidate"
and this right was independent of the statutory rights under the election law. Further, "a voter is
first a citizen of this country and apart from statutory rights, he is having fundamental rights
conferred by the Constitution."
• The Bench said that "It is true that legislature is entitled to change the law with retrospective
effect which form the basis of a judicial decision. This exercise of power is subject to
constitutional provisions and, therefore, it cannot enact a law which is violative of fundamental
right."
• The Bench held that Section 33B on the face of it was beyond the legislative competence, as
this court had held that voters had a fundamental right under Article 19(l)(a) of the Constitution
to know the antecgedents of a candidate for various reasons.
• It pointed out that the amended Act "does not wholly cover the directions issued by the Court.
On the contrary, it provides that candidates would not be bound to furnish certain information as
directed by the Court."
• Mr. Justice Shah observed that members of a democratic society should be sufficiently
informed so that they might cast their votes862
INDIAN GOVERNMENT AND POLITICS
He said the "right to vote would be meaningless unless citizens are well informed about
the antecedents of a candidate.
"There can be little doubt that exposure to public gaze and scrutiny is one of the surest
means to change our democratic governing system and to have competent Legislature,"
he said.
Mr. Justice Shah said the legislature could remove the basis of a decision rendered by a
competent Court, thereby rendering all decisions ineffective but a legislature "has no
power to ask the instrumentalities of the State to disobey and disregard the decision given
by the Court."
We sincerely hope that this judgement will pave the way for purity in electoral process
and further strengthen democracy.
Conclusions
It is unfortunate that no countervailing force to check criminalisation of politics is
emerging. In recent court orders ranging from Supreme Court to High Courts to lower
courts the judiciary has been busy stumping the criminal politician, quashing his bail
applications, ordering his arrest warrants and sending him to jail from hospitals. Unlike
the campaign against tainted ministers in Parliament, this battle is neither partisan nor for
each-finger-accusing the rival three-points towards you.23
Inspired by this bold new brand of judicial activism, Chief Election Commissioner T. S.
Krishnamurthy has in a recent letter suggested to Prime Minister Dr. Manmohan Singh a
set of poll reforms proposing that anyone charge-sheeted at least six months before
elections should be barred from contesting elections.
In our considered opinion, a person who is facing trial in a serious offence, if kept out of
electoral fray till he is exonerated of the charge, should not have a legitimate grievances,
as such restriction on his right to contest elections would be a reasonable restriction in the
greater public interest and for bringing sanctity to the august Houses which are the
supreme law making bodies of the country.24
The historic Resolution passed by the Lok Sabha at the special session of Parliament on
the occasion of the golden jubilee of independence, August 26 to September 1, 1997
observes : "The meaningful electoral reforms be carried out so that our Parliament and
other legislative bodies be balanced and effective instruments of democracy and further
that political life and processes be free of the adverse impact, on governance of
undesirable extraneous factors including criminalisation."2
REFERENCES
1. Nani A. Palkhivala, "Squandered Legacy", The Hindustan Times, August 15, 1997.
2. Atul Kohli, Democracy and Discontent (Cambridge University Press, 1991), p. 3.
3. Ibid., p. 4.
4. Government of India (through its order No. S/7937/SS(ISP) dated 9th July, 1993) established a Committe under the
Chairmanship of Mr. N. N. Vohra, then Home Secretary, to take stock of all available information about the activities
of Crime Syndicates/Mafia organisations which had developed links with and were being protected by Government
functionaries and political personalities. The version of the report is presented to the Parliament. CRIME AND POLITICS
: THE NEXUS
863
5. Vohra Committee Report (Ministry at Home Affairs), The Indian Journal of Public Administration (Special
Number), July-September, 1995, p. 641.
6. Ibid.
7. Ibid., p. 642. :. .,, ..
8. Ibid., p. 643.
9. L. S. Rathore, "Political Culture of India's Ruling Class" (Presidential Address)—XII Rajas-than Political Science
Conference, December 4-5, 1989, p. 9.
10. Ibid., pp. 9-10.
11. Kuldip Nayar, "The Vohra Report—Sparing the Culprits" Indian Express, August 7, 1995.
12. India Today, November 10, 1997, p. 34.
13. The Hindustan Times, August 21, 1997.
14. Ibid.
15. Harinder Baweja, "Changing Face of Parliament", India Today, July 15, 1996, p. 44.
16. The Hindustan Times, June 27, 1998.
17. Outlook, June 21, 2004, pp. 32-36.
18. India Today, August 9, 2004, pp. 28-29.
19. The Hindustan Times, November 23, 1998.
20. L. S. Rathore, n. 10, p. 10. ' <
21. The Hindustan Times, August 29, 1997. <
22. The Hindu, April 25, 2001.
23. India Today, August 9, 2004, pp. 28-29.
24. Election Commission of India—Agenda and Notes, Meeting with Recognised National and
25.
State Political Parties (April 29, 2000), PP. 21-23. The Hindustan Times, September 2, 1997. Chapter 61
POLITICS OF MINORITIES IN INDIA
India contains a medley of religious, caste and linguistic groups. Many scholars narrowly use the
term 'minority' to refer to those who are not Hindu, a conception which implies that somehow the
dominant core of Indian identity is Hinduism. It is not only religious groups who regard
themselves as minorities. Caste, tribal, linguistic as well as religious groups can be self-defined
minorities for any one of a number of reasons : they have a distinctive group identity; they regard
themselves as socially and economic subordinate to others; or they believe that they suffer from
discrimination, either from others in the society or from the state itself.
In the words of Myron Weiner, "A people who do not share what they regard as the central
symbols ofthe society invariably view themselves as a minority." 1 In Indian context minority and
majority status is a matter of self-ascription. What is a majority from one perspective is a
minority from another. For example, Muslims are India's largest religious minority, but in Jammu
and Kashmir it is the Hindus who regard themselves as a minority. Bengalis and Tamil are not
generally regarded as minorities, but members of these communities living outside their home
state often regard themselves, and are regarded by their hosts, as members of a linguistic
minority.2
In a significant ruling on October 31, 2002, the Supreme Court of India re-defined the rights of
"minorities" to establish and run educational institutions of their choice. It held that while unaided
minority institutions would have unfettered rights, aided institutions could be subject to minimal
regulatory measures by the State.
On the question "Who constitutes a minority", the Bench said, "The linguistic and religious
minorities have to be considered on the basis of States and the population therein as the States
were reorganised on the basis of language."
Provisions for the Protection of Minorities under the Indian Constitution
A large number of provisions under the Constitution provide protection to the religious and
linguistic minorities. Article 14 declares that "the state shall not deny to any person equality
before the law or equal protection ofthe laws within the territory of India." According to Article
15, "the state shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them." Article 16 guarantees equality of opportunity in matters of
public employment. The state is prohibited from showing any discrimination against any citizen
on grounds of religion, caste, race, sex, descent, place of birth or residence. Article 25 enacts that
all persons are equally entitled to freedom of conscience and the right freely to profess, practise
andPOLITICS OF MINORITIES IN INDIA
865
nips. Many
not Hindu,
an identity
piselves as
|an be self-
l distinctive
bordinate to
Eom others ley regard i minority."1 [-ascription, pother. For fammu and pngalis and Ithese com-1s, and are
t of India ial institu-ould have *egulatory
(linguistic s and the iguage."
lotection to
i state shall
of the laws
fe shall not
I caste, sex,
portunity in
how ing any
e, sex,
propagate religion. Article 26 guarantees the freedom to manage religious affairs. Article 27
provides an additional protection to religious activity by exempting funds appropriated towards
the promotion or maintenance of any particular religion from the payment of taxes. Article 28
prohibits religious instruction in any educational institution wholly maintained out of state funds
whether such instruction is given by the state or by any other body.
Under Articles 29 and 30, certain cultural and educational rights of the minorities are guaranteed.
Section (1) of Article 29 guarantees the right of any section of the citizens residing in any part of
the country having a distinct language, script or culture of its own, to conserve the same. Section
(2) prohibits any discrimination based only on religion, race, caste, language or any of them in the
matter of admission to state or state aided educational institutions. Section (1) of Article 30
provides that "all minorities, whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice." According to Section (2) the
state shall not, in granting aid to educational institutions, discriminate against any educational
institution on the ground that is under the management of a minority whether based on religion or
language.
The Constitution provides for the protection of the interests of linguistic minorities. Article 350-A
imposes a duty on the state to endeavour to provide adequate facilities for instruction in the
mother tongue at the primary stage of education to children belonging to linguistic minority.
Article 350-B empowers the President to appoint a special officer for Linguistic Minorities. It is
the duty of the special officer to investigate all matters relating to the safeguards provided for
Linguistic Minorities under the Constitution.
These provisions are unique in their thoroughness and seek to accommodate the interests of
religious and linguistic minorities. There is nothing comparable to these in the Bill of Rights of
the American Constitution. When provisions under Articles 29 and 30 are considered along with
other provisions in the chapter on Fundamental rights and elsewhere in the Constitution
safeguarding the rights of religious, linguistic and racial minorities it will become clear that the
sole purpose of these provisions is to reassure the minorities that certain special interests of theirs
which they cherish as fundamental to their life are safe under the Constitution. One special
feature of these provisions, however, is that the term 'minority' has been given a wide
connotation. Here minority is recognised as such not only on the basis of religion but also on
language, script or culture.
CATEGORIES OF MINORITIES IN INDIA
Broadly speaking in the context of the Indian Constitution, there are two categories of minorities :
1. Linguistic Minorities, and 2. Religious Minorities. 1. Linguistic Minorities
India's problem in attaining national integration and political cohesion have been complicated by
the existence of strong sub-national identities based along linguistic-cultural lines. The
Constitution of India recognises eighteen major languages spoken by a large majority of the
people (See Table 1) and hundreds of other languages and dialects are spoken by the people in
rural areas.
Linguistic and cultural identities are very strong among the regions that are far removed from the
Hindi heartland of north India. Hindi, the plurality
866
INDIAN GOVERNMENT AND POLITICS
India as the official language of the country; then, in 1965, after the Constitution had been in
force for 15 years, Hindi was to become the sole official language of the country. But there was
strong cultural and practical opposition to Hindi in the South, because Hindi is a north Indian
language. To south Indians, the adoption of Hindi symbolised the domination of the Dravidian
South by the Aryan North. Preferring English, the South Indians therefore resented the forced
imposition of Hindi. As a result of violent opposition to Hindi in the South the Government of
India agreed in 1965 to an indefinite continuation of English as the second official language of
the country.
TABLE 1 LANGUAGES SPECIFIED IN THE CONSTITUTION OF INDIA AND THEIR SPEAKERS
Languages Number of persons (in Percentage of Total
Millions)
Hindi 264.5 49.9
Bengali 51.3 8.3
Telugu 50.6 8.2
Marathi 49.5 8.0
Tamil 3.8 0.6
Urdu 34.9 5.7
Gujarati 33.1 5.4
Malayalam 25.7 4.2
Kannada 25.7 4.2
Oriya 23.0 3.7
Punjabi 19.6 3.2
Assamese 0.1 0.01
Kashmiri 3.2 0.5
Sanskrit 0.002 —
Sindhi 2.0 0.3
Nepali 1.25 0.2
Manipuri 0.90 0.7
Konkani 1.58 1.1
Bodo — —
Dogri —
Maithali — __
Santhali —
(Based on the Census of India, 1981)
Since each of India's states has an official language, those who speak another language as their
mother tongue regard themselves as belonging to a linguistic minority. In 1971, in 18 of India's
23 states, along with Union territory of Delhi, 92.8 million people or 17.1 per cent of the
population did not speak the regional language as their mother tongue. (See Table 2)
TABLE 2 LINGUISTIC MINORITIES BY STATE
Speakers of of-
State Population ficial language
(in Millions)
Andhra Pradesh 43.5 37.1
Assam 14.6 8.9
Bihar 56.4 44.9
Delhi 4.1 3.1
Gujarat 26.7 23.9
Linguistic (in Millions)
Minority (Per cent)
6.4
5.7
11.5
1.0
2.8
14.7 39.0 20.4 33.3 10.5POLITICS OF MINORITES IN INDIA
867
 Haryana 10.0 9.0. . 1.0 10.0
Himachal Pradesh 3.5 3.0/ 0.5 14.3
J &K 4.6 2.4. 2.2 47.8
Karnataka 29.3 19.3 10.0 34.1
Kerala 21.4 20.5 0.9 4.0
M. P. 41.7 34.7 7.0 16.8
Maharashtra 50.4 38.6 11.8 23.4
Orissa 21.9 18.5 3.4 15.5
Punjab 13.6 10.8 2.8 20.5
Rajasthan 25.8 23.5 2.3 8.9
Tamil Nadu 41.2 34.8 6.4 15.5
Tripura 1.6 1.1 0.5 31.2
U. P. 88.3 78.2 10.1 11.4
West Bengal 44.3 37.8 6.5 14.7
Total 542.9 450.1 92.8 17.1
{Based on the Census of India, 1971)
The concerns of each of these linguistic minorities are quite different. Urdu speakers for example,
have called for the establishment of the Urdu as an official second language of the States in which
they live. There are large Urdu-speaking communities in U.P., Bihar, Maharashtra, Andhra
Pradesh and Karnataka. In these states, an overwhelming majority of Muslims claims Urdu as its
mother tongue. Some minorities speaking unrecognised languages have demanded statehood.
This demand is often made by those linguistic groups concentrated in a particular region of a
state, where the group has a strong sense of its own distinctive identity. The largest 'stateless'
linguistic minorities are Bodo (0.5 million); Nepali (1.4 million); Konkani (1.5 million); Santhali
(3.8 million), etc. Another set of linguistic minority groups comprises those who speak an official
language other than the language of the state in which they live. These minorities are
concentrated in Assam, Karnataka, Maharashtra, Punjab, Tamil Nadu and West Bengal. There are
nearly 9 million Bengalis living outside of West Bengal and Tripura, 2 million Gujaratis outside
of Gujarat, 1.4 million Malayalis outside of Kerala, 3 million of Maharashtrians outside of
Maharashtra and Goa and 11.0 million Hindi speakers living outside of the Hindi belt.
Since these minorities, unlike speakers of other 'local'languages or of Urdu, are not regarded as
'sons of the soil', they are often the target of political groups that demand preferences for 'local'
people in employment and in education.
2. Religious Minorities
Although Hinduism is the religion of the majority of Indians (See Table 3), there are important
religious minorities such as Muslims and Sikhs who have been able to preserve their group
identities. In societies such as that of India, minority religions provide "each group with a focal
point of identity and social solidarity, and large areas of its culture are associated with its
religion." By the same taken, religion and aspects of cultural life such as language, art, literature
and social institutions became interwined and lead to the development of powerful group
identities that often inhibit the development of a cohesive political community. Unlike the
Muslims and Sikhs, other religious minorities such as the Jains, Buddhists and Christians have
shown little or no religious868
INDIAN GOVERNMENT AND POLITICS

i
TABLE 3
RELIGIOUS DISTRIBUTION OF THE POPULATION (Census 2001)
Hindus Muslims Sikhs Chris- Bud- Jains Others
tians dhists
Total Population 827 138 19 24 7.9 4.2 j

(in million) 6.6

% of total 80.5 13.4 1.9 2.3 0.8 0.4 0.6
population
Growth rate in 20.4 36* 18.2 22.6 35.3 26 103.1
1991-2001
% population in 26 35 26.5 34 38 76 9.5
urban areas
Sex ratio 925 950 786 964 942 870 976
(0-6 years)
% population 65.1 59.1 69.4 80.3 72.3 94.1 47
literate
% of females 53.2 50.1 63.1 76.2 61.7 90.1 33.2
literate
% of females 27.5 14.1 20.2 28.7 31.7 9.2 44.2
working
Sex ratio is number of females per 1,000 males • This figure includes J&K which did not figure in 1991 census.
Muslims
According to the 2001 census, Muslims constituted 13.4 per cent of the Indian population. The
present day Muslim population in India consists mostly of "smaller peasantry, landless labourers,
the artisans in the villages and lower middle class in the cities." At present, Muslims do not
constitute a majority of the population in any state of India except Jammu and Kashmir (64.2%).
In the Lakshwadeep Islands, the Muslim population is 99 percent. Of the 593 districts of India
into which the country is divided for administrative purposes, there are only 3 (2 in West Bengal
and 1 in Kerala) in which the Muslims form a majority, outside of Jammu and Kashmir. Almost
half of the Muslim population lives in the large states of Uttar Pradesh, Bihar and West Bengal.
The highest percentage of Muslims is in J & K, Assam and West Bengal. They are widely
dispersed. Their population is rising faster in poor states like Bihar, Jharkhand, Rajasthan, Uttar
Pradesh than in the developed states of Tamil Nadu, Kerala, Andhra Pradesh and Karanataka.
They constitute 23.3 per cent of Kerala, 23.6 per cent of West Bengal, 17.3 per cent of U.P, 14.8
per cent of Bihar and 11.6 per cent of Karnataka. No census was conducted in Assam in 1981, but
in 1991 Muslims constituted 28.4 per cent of the population. Elsewhere they represent less than
10 per cent of the state population.4 In only 30 districts do Muslims constitute more than 30% of
the population.
Muslims are concentrated in selected districts of these states, and, as compared with Hindus and
Sikhs, they are disproportionately urban. For example, Muslims are only 8.9 per cent of Andhra's
population but they are concentrated in the Telengana region of the state, with their largest
concentration in Hyderabad where they form 26.4 per cent of the district. They are a majority in
Malapuram district in Kerala and they are numerous in Western portions of U.P. especially in
Rampur, Aligarh, Moradabad and Bijnor districts. Of the total Muslim population, more than 65
percent live in rural areas. The 2001 census reported that 35 per cent of the Muslim population
was urban and they are well concentrated in Hyderabad, Kanpur, Lucknow, Varanasi and
Allahabad.
POLITICS OF MINORITIES-IN INDIA
869
For nearly five decades, the belief has persisted that Muslims vote en bloc in elections.
There is evidence that in the first three elections, the Muslim vote
THE COMMUNITY'S NATIONAL SPREAD

^^«L Percentage of Muslims

^^^^H^^fe in population of states
m^^F Andhra Pradesh 8.9
^J\^^ Assam 28.4
J§l§t-7^y, Bihar (old) 14.8

8.0 1
 8.7

4.6
ygfjr&s^f&X/QS^ Haryana
l^^^jSSiJkj/A^^^ Jammu & Kashmir 64.2
l£i&ZmBg(f&htfo$< Kaniataka 11.6
iKv^M^V^^ Kerala 23.3
\jK^pij0£~r Madhya Pradesh (old) 4.9
\T/\\2y~^S Maharashtra 9.7
^St*C55£? Rajasthan 8.0
'^SSS3 Tamil Nadu 5.5
wJWK^ Uttar Pradesh (old) 17.3
\j£7 West Bengal 23.6
Lakshadwcep 94.3
Hi L.u...,t'M!cncies where Muslims comprise Pondicherry 6.5
at least 20 percent of tlie electorate

indeed tended to be monolithic. However, by 1967, Muslim consolidation in favour of the

Congress began to break down.
The real laboratory for Muslim politics is, of course, Uttar Pradesh, where the Community forms
over 20 percent of the electorate in 170 of 403 Assembly seats. Post Ayodhya, Muslims realised
that they could only succeed if they formed social coalitions with other prominent communities—
such as Yadavas and the Dalits. The precise grouping checked the BJP in 1993.
Muslims make up 21 percent of the voters in West Bengal. By and large they have been true to
the Left Front (LF) but in some urban pockets have backed the Congress.
Many Muslims sought the creation of Pakistan as a Muslim nation so as to escape from the
tyranny of the Hindu majority. Even after the partition of British India on a religious basis, the
Muslim population of India constitutes the single most important minority of the country.
Political leadership in India after independence sought to lessen the anxiety of the Muslim
minority by creating a secular state. The separation between religion and state was expected to
reduce Hindu-Muslim antagonism and lead to the development of greater political integration.
As a minority, Muslims are less cohesive. The Muslims of Kashmir have a strong Kashmir
identity and by and large speak Kashmiri rather that Urdu. The Muslims living in Hindi-speaking
region mostly speak Urdu. Bengali Muslims speak Bengali rather than Urdu.
In post-independence India, Muslims have freely participated in the politi-870
INDIAN GOVERNMENT AND POLITICS
bargaining, seeking accommodation from the majority community. Sectarian hostility between
Hindus and Muslims persists, however, the electoral and institutional mechanisms have created to
reduce group conflict have had only limited success. Despite the fact that the Muslims constitute
the largest minority of the country, they form one of the depressed segments of Indian society.
Muslims have the highest fertility rate. But barring the sex ratio, they are at the bottom on
virtually every parameter—overall literacy, female literacy and employment. Economically,
Muslims are the most backward community with the lowest employment rate. Nevertheless, they
have displayed greater assertiveness as well as group awareness in recent years. The orthodox and
traditional Muslim leaders have been joined by the more educated and younger members in
seeking to mobilize the community in order both to preserve its identity and to acquire a greater
share of the society's goods and services.
Sikhs
An overwhelming majority of the followers of Sikhism came from the fold of Hinduism. Sikhs
and Hindus intermarried and celebrated each others' religious festivals. But the early part of the
twentieth century witnessed the rise of numerous Sikh sectarian organisations that emphasised the
distinct Sikh identity. Claiming Punjabi as their religious language and looking upon the Punjab,
a north-western state in India, as their homeland, the Sikhs have developed a very strong sub-
national identity.
Since 1966 Sikhs form a majority of 60.8 per cent of the Punjab. Of India's 19 million Sikhs, 3
million—more than one-sixth—live in other parts of India, mostly in Haryana, Rajasthan, Uttar
Pradesh and Delhi. The highest percentage of Sikhs are in Punjab, Haryana and Chandigarh. In
1982, the Akali Dal, a moderate Sikh Political Party, launched a peaceful agitation in which they
demanded certain religious concessions. They also wanted greater political autonomy for the Sikh
majority state of Punjab than had been granted by the Constitution of India. Soon, however, the
militant Sikhs, led by a fundamentalist preacher, Sant Jarnail Singh Bhindranwale, resorted to
terrorism. They converted the Golden Temple, the holiest shrine of the Sikhs, into an armed
fortress. In June 1984, Prime Minister Indira Gandhi sent the army to flush out the terrorists from
the temple. The result was considerable loss of life. In addition to the large number of terrorists
killed were many innocent pilgrims fatally entrapped in the temple. The Sikhs as a community
felt humiliated and angered. They became alienated from the national government and some even
sought the establishment of an independent and sovereign Sikh State called Khalistan. The
subsequent assassination of Indira Gandhi by two Sikh bodyguards on October 31, 1984, resulted
in widespread Hindu retaliation against the Sikhs. In July 1985, however, an agreement was
signed between Longowal and the P.M. Rajiv Gandhi. Most of the demands of the Sikhs were
conceded but until now only a part of this agreement has been implemented. The events of the
last fifteen years have created an unprecedented gulf between the Hindus and the Sikhs, despite
the close and cordial relations they had maintained in the past.
Christians
India's Christians are more numerous but less politically vocal than the Sikhs. The 2001 Census
reported 24 million Christians—2.3 per cent of the population. Christians are no doubt in a
majority in the three tiny States of Nagaland (80.2%), Mizoram and Meghalaya (52.6%) and have
a substantial presence in Kerala but weighed against the Hindus they are minuscule. In the

POLITICS OF MINORITIES IN INDIA

871
storm centre of Gujarat the community constitutes less than one percent of the population. But
since these states are small and Christians lack the cohesion of the Sikhs neither plays the role
that the Punjab does for India's Sikhs. The Christians in the main, are converts from tribes and the
Christians of the north-east are culturally distinct from the Christians of the South. The organised
Christian church in Kerala is a well-knit and soundly structured interest-group, influential enough
to have a say of its own in Kerala's politics and elections.
There has been considerable disquiet in predominantly Christian populated states of Mizoram.
Nagaland and Meghalaya, where the writ of the Church is near-absolute, although the clerics
vehemently deny any attempts on their part to influence the respective administrations.
Much of the problems between the Mizos and the two minority communities namely the
Chakmas and the Reangs have resulted from religious bias of the majority Mizo community. Both
the minority groups have been targeted by the BJP. The Chakmas are Buddhists and the Reangs
nature-worshippers, more akin to pre-Vedic Hindus, unlike the minority Lakhers, Pawis and the
Hmars who embraced the Christian faith a century ago.
In Meghalaya too, except for a small community of Seng Khasi who still live by their ancient
traditions, the majority have converted to the Roman Catholic denomination.
In Nagaland too, except in Mon and Tuensang districts where a non-Christian Naga tribal
population exists, most have converted to the Christian faith.
The Christian clerics are clearly apprehensive of the BJP's Hindutva plank, more so after the
political party formed the government at the Centre. They have accused the BJP of fomenting
communal tension in Christian-dominated states by accusing the missionaries of forcible
conversions.
The communist rule of 28 months and the frequent confrontations it had with the Church and its
interests and the controversial 'liberation struggle' that followed, in fact made to surface the active
role of the Church in the politics of the State. The 'liberation struggle' for which the personnel and
funds were supplied by the Church and the Christian community culminated in the ouster of the
first elected communist government and no doubt, added to the political prestige of the Church in
Kerala.
The Constituent Assembly debated the propriety of unregulated conversions and there were
charges of missionaries enticing tribals through allurements. In 1954, the Madhya Pradesh
Government set up a committee under Justice B.S. Niyogi to study Christian Missionary activity.
The Niyogi report was harsh in its indictment of missionaries. It accused them of promoting
separatism and ever creating a "State within a State". By 1968, Orissa, Madhya Pradesh and
Arunachal Pradesh enacted legislations to regulate conversions. In 1979, Janata Party MP O.P.
Tyagi tired to extend the legislations nationwide. Although this failed, it was around this time that
the RSS decided to work systematically among the tribals and fight the Christian missionaries.
Jains and Buddhists
Jains (4.2 million) are so closely associated with Hindus that they are not usually regarded by
themselves or by Hindus, as a religious minority. They have the highest literacy levels and the
lowest fertility rate in the country. India-Today observes, "Despite being a small community of
42 lakh, Jains are a good872
INDIAN GOVERNMENT AND POLITICS
role model. The only community with over 90 per cent female literacy, thei; fertility rate is the
lowest in the country."Also closely associated with Hinduism are the Buddhists (7.9 million).
Many Buddhists, however, regard themselves as distinct from Hindus. Jains are concentrated in
Delhi, Maharasthra and Rajasthan and Buddhists in Sikkim, Arunachal Pradesh and Mizoram.
The Minority Status for Hindus
The suggestion by Professor Tahir Mehmood, chairman of the National Commission for
Minorities, that Hindus in J & K, Manipur, Mazoram, Meghalaya, Arunachal Pradesh, Nagaland
and Punjab be granted minority status, seems plausible in principle but is unfortunate in its
consequences.
The move envisaged assumes that minority status is a statistical phenomenon. Also, most people
think of this rare constitutional provision in terms of some privileges alone. It is high time we
realise that minority rights < are meant to facilitate dynamic and healthy relationships between
religious and linguistic minorities and the national mainstream. It is to enable their creative
participation in the mainstream. It is not a security measure, though it may result in better
security. Minority status is not a privilege.
The problem with minority status is that it is a concept of fear and security. It cannot but breed
negativity and fear in those who are ironically, sought to be protected under its umbrella. That is
why all minorities come, sooner or later, to suffer from 'minority complex'
Granting minority status to Hindus in some parts of our country will have the effect of further
fragmenting the Hindu fold. Unlike the Christian and Muslim Communities, the Hindus are not a
homogeneous lot. They are, on the contrary, a conglomerate of sects and groups reflecting the
resplendent variety and exuberance of an oceanic faith tradition. The temptation of claiming
minority privileges could make them split apart and become mutually competing at least
alienated, groups. This could devastate the precarious unity that today exists in this context.
Rather than turn the nation into a crowd of minorities, the need of the hour is to foster a sense of
unity and responsibility vis-a-vis the task of nation building.
Politics of Minorities : Their Demands i
After independence group consciousness has been increasing and it shows no signs of withering
under the forces of modernisation. The major demands of, the minorities in India are : 6
1. Demand for the Creation of new States
The demand by India's Muslims before 1947 for a homeland was the driving force among
Muslims living in Hindu majority areas of northern India. The demand was basically ethnic, not
religious. The demand for linguistic homelands or states was the driving force in Indian politics
in the 1950s. Minority linguistic groups wanted states of their own where they could become a
majority. The movement resulted in the massive reorganisation of India's states so as to give
almost all the linguistic groups listed in Schedule VIII of the Constitution linguistic states of their
own. The achievement of statehood by the tribals of the north-east stands as a model for others.
There have already been demands that a Bodo state be carved out of Assam, a Jharkhand State
out of Bihar and a Gorkhaland out of West Bengal.POLITICS OF MINORITIES IN INDIA
873
• The Central Government has notified 5 communities namely, Muslims, Sikhs, Christians,
Buddhists and Zoroastrians as Minorities for the purposes of National Commission of Minorities
Act, 1992.
• The minorities constitute about 18% of the total population of the country as per the 1991
census.
• In May, 1992, the National Commission for Minorities Act, 1992 was enacted giving statutory
status to the erstwhile Minorities Commission and thus making it a more effective body to
safeguard the interests of minorities. The Commission has so far submitted eight Annual Reports.
• Muslim officers of the air force complained that they were not allowed to grow beards while
Sikhs were. The NCM ruled that growing beards was a religious right of Muslims and the
military brass complied. Two Muslim MLAs in Uttar Pradesh were not being allowed to take
their oath in Urdu. The NCM "had to intercede with Mayawati." Making a fetish of political
correctness, in December 1997 NCM demanded that the Election Commission ban expressions
like "Vote bank" and "appeasement". The NCM Chairman saw them as a grave violation of the
dignity and human rights of the minorities.
• The office of the special officer for Linguistic Minorities (commonly known as the
Commissioner for Linguistic Minorities) was created in July, 1957, in pursuance of Article 350-B
of the Constitution, which came into existence as a result of the recommendations of the State
Reorganisation Commission. Under the said Article, it shall be the duty of the Commissioner for
Linguistic Minorities to investigate all matters relating to the safeguards provided for the -
Linguistic Minorities under the constitution and report to the President upon these matters at such
intervals as the President may direct.
2. Linguistic Recognition
A major demand of a number of linguistic groups is that their language be included in the
eighth schedule of the Constitution. Inclusion in the list enables a linguistic group to take
all-India examinations in their own language.
3. Reservations
Ethnic minorities are demanding the benefits of reservations. For example, Muslim
leaders have called for reservations on the grounds that they too are backward in
employment and education. They argue that they are under-represented in India's
prestigious civil services, armed forces and large economic concerns owned by
government or private companies. The representation of Muslims in the IAS is quite
meagre-less than 3 per cent, though their population stands 11.67 per cent, according to
the 1991 census. Many Muslim Civil Servants Like Salman Haider, who rose to be
Foreign Secretary, have done extremely well.
4. Security
Minorities are particularly concerned over with their security. The dispersed minorities
want protection against the attacks from the majority. "The Muslim's primary concern is
still government protection for physical security, personal property and Islamic law."8
Every communal riot has contributed to the creation of a siege mentality and a feeling of
"social outsider" among the Muslims,and M.J. Akbar's moving account in his book on
"Riot After Riot" (1988) makes us to conclude that the problem of physical insecurity
really haunts them. Many important political 1 ~--i™-= have demanded the induction of
Muslims in the police forces to ensure874
INDIAN GOVERNMENT AND POLITICS
physical security to the Muslim community. The genesis of a demand like this lies in real or
imaginary perceptions of the Muslim minority about the 'biased approach' of the Indian police
and many other functionaries of the Indian state.
5. Linguistic clashes between competing language groups
Linguistic minorities have caused serious boundary disputes between many states. They complain
that the linguistic majority is discriminating against them "either by denying them the facilities to
educate their children through their mother tongue or by forcing them to learn the language of the
linguistic majority." There have been linguistic clashes between competing language groups in
some states.
6. Representation in Assemblies and Parliament
Muslim representation in State legislative assemblies and parliament is disproportionately low
compared with the size of their population. In 12th Lok Sabha, the totalk number of Muslim MPs
was 28, which worked out to 5.14 per cent. In fact in these fifty years it has never gone beyond 8
per cent. Thus all political parties have to try to see that enough Muslims are nominated to contest
elections, so that Muslim MPs and MLAs are selected in proportion to their population. It will
give the Muslims not only a sense of confidence but also a sense of participation in the political
processes in India.
Conclusions
After independence the Muslims faced many alternatives to safeguard their interests, such as
organising a party of their own, working through the existing secular parties or simply forming
pressure groups and lobbying for their causes.9 Although most of them attempted to work through
the Congress Party, the Muslim League in the South, as a particularist party and the Jamaat-i-
Islami, as a socio-cultural pressure group in the north, have emerged to speak on their behalf. The
Muslim League has been partly successful in Kerala and to a lesser extent in Tamil Nadu
informing political alliances and sharing power in coalition governments. Non-party
organisations such as the Jammat-i-Islami and the Majlis Tamir-i-Millat of Hyderabad have
focussed
COMMISSION FOR BACKWARD SECTIONS AMONG MINORITIES
The Union Cabinet on September 29, 2004 approved the constitution of a National Commission for the
welfare of the socially and economically backward sections among the religious and linguistic minorities,
with this decision, the United Progressive Alliance Government is seen as having begun the process of
implementing a promise made in the National Common Minimum Programme. The section on "Social
Harmony, Welfare of Minorities" in the NCMP held out a promise to "establish a National Commission to
see how best the welfare of socially and economically backward sections among the religious and linguistic
minorities, including reservation in education and employment is enhanced."
The Commission would have a three-fold mandate. First, to suggest the criteria for identification of the
socially, economically backward sections among the religious and linguistic minorities. Second, it will
recommend measures for the welfare of such identified backward sections, including reservation in
education and government employment. Third, it will suggest the necessary constitutional, legal, and
administrative modalities required to implement the recommendations.
mostly on such issues as^Muslim Personal Law, instruction in Islam in educational institutions,
promotion and recognition of Urdu as one of the statePOLITICS OF MINOfifPIES IN INDIA
875
languages in U.P. and Bihar and the protection of religious identity. The Sikhs use the SGPC, the
Akali Dal, the Chief Khalsa Diwan, the All-India Sikhs Students Federation and the recently
founded Sikh Forum, among many others, to advance their religious, economic and political
interests.
The demand for the induction of Muslims in police and para-military organisations for providing
a feeling of physical security to the Muslims should be completely rejected. The implication of
the Muslim quota in the services of the Government will completely communalise the Indian
State apparatus as militant supporters of caste reservations have completely casteised the public
services.
The remedial action for effectively curbing the disease of communalism lies in the creation of a
powerful quasi-judicial body and also public citizen's committees on the pattern of the Race
Relations Committees in the UK. The National Commission for Minorities should be accorded a
quasi-judicial role to deal with the complaints of communal bias in public services.
While the demand for reservations in public services has been always voiced by the upwardly
mobile Muslim or caste elite, the Indian State should respond to the real needs of the struggling
Muslim artisans, unskilled workers, small shopkeepers and traders. Muslims deserve positive
support by the public institutions in the form of new skills for work, loans and credits for
launching trade or small industrial enterprises. The National Commission for Minorities has
constituted a Minority Education Cell to exclusively look after the problems being faced by
minority educational institutions in regard to recognition, affliation, grant-in-aid etc 1 . The
National Minorities Development & Finance Corporation with an authorised Share Capital of Rs.
500 Crores for providing concessional finance to eligible beneficiaries belonging to minorities for
setting up self employment ventures has also been set-up.''
The secular political class of India should unitedly campaign for widening the base of education
for Muslims. Muslims like Hindus have to be gradually brought out from the influences of
Mullahs, Imams and mosque and temple supported educational institutions. Secular educational
institutions provide a proper ethos for inter-cultural integration than the majority or minority
based educational institutions.
In brief, inspite of the various efforts made by the Government of India and political parties
during the last fifty years, the question of the Muslim minority in democratic India continues to
be complex, critical and in many ways unresolved.
REFERENCES
1. Myron Weiner, The Indian Paradox (New Delhi, 1989), p. 42.
2. Ibid, p. 41.
3. Ibid., p. 43.
4. Ibid., p. 47.
5. N. Jose Chancier, (ed.) Dynamics of State Politics of Kerala, New Delhi, 1986, p. 92.
6. Weiner, n. 1, pp. 62-69.
7. M. J. Akbar, The Siege Within, New Delhi, 1985, p. 310.
8. Baxer, Malik, Kennedy and Oberst, Government and Politics in South Asia, Lahore, 1988, p. 130.
9. Theodore P. Wright, Jr. "The Muslim League in South InHia : A Study in Minority Group Political Strategies", Vol. 60, no. 3
(September, 1966), p. 579.
10. Annual Report 2000-2001, Ministry of Social Justice and Empowerment, Government of

ft
Chapter 62
'I I

COMMUNALISM IN INDIAN POLITICS

Jawahar Lai Nehru had rightly pointed out that the greatest danger for this country is from
communalism and not so much from external aggression, because when there is external
aggression, the people of India tend to get united but when communalism is rampant the people
get divided. Communalism is, thus, the most deadly enemy of the people of India. Anyone who
loves India would hate communalism and anyone who hates India would love communalism.
According to Professor V.R. Mehta, "Nationalism and Communalism have been the most
important factors of the root of major crises in twentieth century Indian politics. Nationalism has
been the aspiration and Communalism the disease and both in their own ways have shaped Indian
Politics."1
"No single issue has so adversely affected communal harmony between Hindus and Muslims as
the Ram Janambhoomi-Babri Masjid controversy," notes a recent Home Ministry document,
adding that the growing temptation to communalise politics has become a strong impediment to
the normalisation of communal relations.
COMMUNALISM : MEANING
What is Communalism? Adherence to a religion or religious system is not communalism.
Attachment to a religious community or religiosity is not communalism. On the other hand using
a religious community against other communities and against the nation is communalism.
Indulgence in ritualism, superstition, obscurantism, magic charm and occult practices like
astrology is not communalism. These are merely irrational, unscientific and primitive attitudes,
arising out of traditions or fear of the future or unbounded ambition. Even conservatism in social
life and conservative orientation in politics is not communalism. It can be called social
backwardness and political reaction. However, it should be recognised clearly that all these
aspects can and have been used in promoting communal consciousness. Indeed, the communalists
have utilised most of these aspects in order to build their communal-political base.
By 'Communalism'we mean the opposition of religious communities of each other. It is an
ideology which emphasises the separate identity of a religious group in relation to other groups
and often a tendency to promote its own interest at their expense. In a way it is based on the idea
of an inherent antagonism based on irreconcilability of interests between them. The assertion of
separate identity may be reconciled with nationalism because the latter does not imply
obliteration of other groups within the national territory. But when the relations between groups
become hostile the problem starts, because thenCOMMUNALISM IN INDIAN POLITICS
877
the antagonistic posture of the groups itself becomes a substitute for religion and leads to clashes
in society, which in turn adversely affect the spirit of national cohesion. 2 Communalism is the
antagonistic assertiveness in political, social and economic spheres by one aggregation of
individuals against another after being organised along religious, caste or other ascriptive lines. 3
In other words, communalism means to believe or to propagate that the socio-economic and
political interest of one religious, caste or an asajiptive group are dissimilar, divergent and
antagonistic to those of another. According to Robert Melson and Howard Wolpe,
"Communalism is the political assertiveness of a community to maintain its identity in-a plural
society undergoing modernization."4
Bipan Chandra in his famous work "Communalism in Modern India" observes: "the concept of
communalism is based on the belief that religious distinction is the most important and
fundamental distinction, and this distinction overrides all other distinctions. Since Hindus,
Muslims and Sikhs are different religious entities, their social, economic, cultural and political
interests are also dissimilar and divergent. As such, the loss of one religious group is the gain of
another group and vice-versa. If a particular community seeks to better its social and economic
situation, it is doing at the expense of other."5
Communalism is perversion of religion from a moral order to an arrangement of contemporary
political convenience, from a sublime faith into a mean tactic of politics, from a spiritual end to a
wicked immoral means. Communalism exploits both religion arid politics and is born out of a
real or an imaginary fear of the other communities, either due to ignorance or due to
misrepresentation. Communalism is opposed to secular change. It seeks to convert religiosity into
political bellicosity.
Communalism is basically an ideology of political allegiance to a religious community as a
primary and decisive group in the polity. Communalism envisages a religious community alone
as its base and the universe of its political ambition and action. It perceives other religious
communities as enemies within a polity and within a nation. Communalism is a political
orientation that recognises religious community and not the nation or the nation-state as the focal
point of political allegiance. Therefore, communalism is a political strategy opposed to
nationalism as a process of integration of multi-ethnic, multi-religious and multi-lingual
communities. Communalism is opposed to secularism as a pattern of socio-cultural co-existence.
It is opposed to rational civic basis of party formations and political system. It is opposed to
humanism and compassion taught by all great religions and by all great philosophies.
Communalism strives for divisions within a polity and a nation, on religious line and not on any
other basis like political, ideological, party of class considerations which is the hall-mark of a
modern political system. Militant and antagonistic politicization of a religious community per se
opposed to other communities and the nation, is the main plank of communalism.
The Genesis and Growth of Communalism in India
It is widely realized that communalism in India was born, nurtured and promoted by the British
imperialism as a deliberate design to sow dissensions. It served the colonial administration to
divide and rule and therefore the prevailing religious differences were first used to project the
social and cultural variations and then to promote political divisions by treating Indians basically
not as Indians but as members of religious communities.
British imperialism in India perceived India essentially as a conglomeration of two major
formations, the feudal principalities and religious com-878
INDIAN GOVERNMENT AND POLITICS
munities. For a century of indirect rule (1757-1857) and another century of direct colonial rule
(1857-1947), the British administrators exploited the inbuilt divisions and tensions existing
between feudal principalities and religious communities. These were the two categories used
mostly for representation at durbars, ceremonies, giving of titles and awards, nominations to local
bodies, municipalities, legislature^ and in the Viceroy's Executive Council.
The type of politics approved, tolerated and encouraged by the British imperialism was only
'Communal politics' (as opposed to secular and national politics). A voter was classified as a
Hindu or a Muslim, etc. and so was a candidate and a representative. It is in this historical context
that com-munalism came to acquire the meaning of being opposed to national identity, of being
against the secularization process, of being too narrowly and negatively attached to one's own
religious community and that too essentially for political benefits.
Separatism in politics and politicization of religious communities have been the two most
damaging blows which the British colonial administration dealt to the emerging bodypolitic of
India. It should be realised that it was this structure, style and process of politics which eventually
resulted in the vivisection of the nation and the partition of the country.
Socio-Economic Basis of Communalism
Asghar AH Engineer has analysed the phenomenon of communalism in the socio-economic
perspective. The fight between Shivaji and Aurangzeb was not religious in nature but a political
struggle reflecting crisis of the feudal system in that epoch. The emergence of communalism
during the British period was mainly centred around the question of share in the loaves of offices.
From the very beginning the Muslim League was fighting basically for greater share in the power
structure and not on any substantial issue of theological or even broadly of religious nature.
The Muslim elite in U.P. who had fought the battle for a separate nation migrated to Pakistan—
their dreamland. Those left behind were leaderless and too dazed to assert themselves. In this
situation then prevailing most of those left in India belonged to the lower classes, small land-
holders, poor peasants and landless labourers in rural areas and artisans, petty traders and other
lumpen element in urban areas—the Muslims who chose or were compelled to remain in India
have no ambition, or sense of competition with the Hindus. In the absence of such a competitive
conflict, communalism—a socio-economic phenomenon—could not have sustained its growth in
an organised way.
However, this inter-regnum was short lived. The dynamics of social change in India brought into
existence new conflicting forces polarising around class, caste and communities.
In order to understand the socio-economic basis of communalism in post-partition India, it must
be remembered that the Muslims in India failed to produce a viable capitalist class. The ruling
classes among the Muslims were predominantly feudal and feudalism continued to loose ground
in independent India. The capitalist class in India remains almost exclusively Hindu. Thus, there
was no question of competition with concerned. However, the expanding economy did throw up a
class of petty-bourgeoise among the Muslims in medium-seized towns.
Communalism in post-partition India struck stronger roots in medium-sized towns like Jabalpur,
Jamshedpur, Aligarh, Moradabad, Ahmedabad,COMMUNALISM IN INDlftNl POLITICS
879
Godhra, Bhivandi, Bhagalpur, Kota and similar other places. The communalism in modern India
is a product of competition between petty-bourgeoise class in medium-sized towns. For example,
the riots in Godhra (1980-81) were the result of conflict in interest between Sindhi and Ganchi
petty traders with municipal politics thrown in. The Moradabad riot of August 1980 is yet another
instance of the petty-bourgeoise base of communalism today. The Muslims in Moradabad had
traditionally been artisans making brassware vessels but of late some of them have entered into
manufacturing field and export their product to the West Asian countries. The Punjabis had the
monopoly of trade in brasswares and the Muslims entering into this field, though not on a very
large scale, seriously disturbed them. Thus, these Hindu middlemen who perceived threat to their
trade interests became instrumental in fanning the fires of communalism in Moradabad. The story
of Aligarh is no different. However, it is not to suggest that these are the only factors reponsible
for outbreak of communal violence. There are several others, besides these. Of late, anti-social
elements also have been playing a significant role. Smugglers, illicit liquor dealers, unlicensed
arm manufactures; all of them seek political patronage and receive readily as they help swell
support for the political parties through terror tactics. "The socio-economic basis of
communalism, thus, can be very well understood from the analysis given above. The ruling
classes in the developing and crisis-ridden economy would always try to promote ethnic and
communal conflicts to confuse and criss-cross with class conflict." 6
Growth of Communalism : Main Causes
Jawahar Lai Nehru once described communalism as the Indian version of fascism He said, while
all communalism is bad, we must remember that minority communalism is born out of fear, while
majority communalism takes the form of political reaction. But he added : "There could be no
compromise on the issue of communalism, Hindu communalism or Muslim communalism, as it is
a challenge to Indian nationhood and Indian nationalism."
The main factors and forces which have encouraged the growth of communalism in contemporary
India have been identified as under :
1. Economic Backwardness of the Muslims
During the British rule in India Muslims were economically and educationally more backward as
compared with the Hindus. It was hoped that after independence when equal opportunities had
been provided to all, the Muslims in India will also take fullest advantage of that. But even now
the percentage of Muslims going to educational, technical, medical and other professional
institutions is much less than their population. The result is that they are educationally as well as
economically backward. This economic disparity between the two communities is creating wide
gap and many misunderstanding; one community feeling that it is being constantly exploited by
the other or that the richness of one is only at the cost of other.
2. Communal Parties and Organisations
The Hindu Mahasabha, Muslim League and the Akali Dal are some well known communal
parties in India. They not only represent particular communities but also thrive on communal
politics. Their leaders often use them to create communal tensions so that they may fish in
troubled waters. Besides the communal parties, there are non-political organisations like Bajrang
Dal, VHP, Jamaat-e-Islam, Islamic Sevak Sangh (ISS), the All India Conference of Indian _____,,...,r-iii
nnu rULIIIUS
nothing to do with politics but they have the backing of the BJP, the Muslim League and the
Akali Dal. They encourage the half-educated and communally sensitive elements to indulge in
communal fight in the name of religion.8
"The emergence of communalism and the consequent threat to communal harmony in Kerala owe
much to the increased activities of two fundamentalist organisations, the RSS and Islamic Sevak
Sangh (ISS) of the Hindus and Muslims respectively." The ISS is widely perceived as a Muslim
Counterpart to the RSS. The rapid rise of the Islamic Sevak Sangh in Kerala is vitiating the
atmosphere of communal amity in the State.9
The Sri Krishna Commission Report on the Mumbai Riots (1992-93) observes, "From January 8,
1993 at least there is no doubt that the Shiv Sena and Shiv Sainiks took the lead in organising
attacks on Muslims and their properties under the guidance of several leaders of the Shiv Sena
from the level of Shakha Pramukh to the Shiv Sena Pramukh Bal Thackeray who like a veteran
general commanded his loyal Shiv Sainiks to retaliate by organised attacks against Muslims."
3. Appeasement Policy of the Congress Party
The caste-based politics in democratic India also helps perpetuating the communal cleavage. Lust
for vote-catching on the part of nearly all the political parties adds fuel to the fire. The 'en
bloc''voting of the Muslims to the Congress is attributed generally to the pro-Muslim policies of
the Congress government in power, and to the tendency of the Congress leadership to appease the
Muslim in all possible ways. Neither the stern action is taken against the well-known anti-Hindu
and anti-national leadership of the Muslims, nor does the governments take initiative in the matter
of reforming the Muslim personal law. 4. Electoral Compulsions
Today our politics is purely ballot-box oriented and elections have become end in themselves.
Selection of candidate for a particular constituency is generally made after considering the
relative strength of different castes and communities residing in that constituency. Communal
loyalties of the voters are covertly and sometimes even overtly, appealed at the time of
propaganda campaign. For example throughout the election campaign of BJP-Shiv Sena combine
in Maharashtra Lok Sabha and Assembly elections (1989-1990), the recurring theme was
Hindutva or anti-Muslim propaganda. And of course, the Ram Janmabhoomi-Babri Masjid
controversy was exploited to the hilt. It served as if there was an understanding between the
Congress and the BJP on this score. Both had planned their election strategy cleverly. The BJP
apparently carried out very aggressive propaganda on the Ram-Janmabhoomi issue and took out
Ramshila Poojan processions which invariably resulted in violence. The Congress administration
deliberately let the violence spread. By doing this the Congress wanted to play a double game.
The Hindus would feel that the Congress did not use its administration to 'suppress'Hindus and
Muslims would feel that the aggressive BJP is responsible for communal violence and only the
Congress could protect them. Thus, they would gain some Hindu votes as well as Muslim votes
en, bloc. Furthermore, the Congress government in U.P. declared Urdu as second official
language a few months before the election and riots in Badaun erupted.
Rajiv Gandhi started his campaign (November 1989 Lok Sabha elections) from Faizabad by
promising 'Ramrajya' which completely put off Muslims. The idiom which Mahatma Gandhi had
used in a very positive sense, Rajiv Gandhi
COMMUNALISM IN INDIAN POLITICS
881
the Muslim d communally
bligion.8
S to communal indamentalist B Hindus and Counterpart to I vitiating the
iots (1992-93) the Shiv Sena ims and their from the level jly who like a ! by organised
•petuating the ill the political i the Congress IB government ge the Muslim ^e well-known b the
govern-ponal law.
have become nstituency is int castes and of the voters If propaganda JP-Shiv Sena 189-1990), the
of course, the 'hilt. It served e BJP on this fP apparently jmi issue and d in violence. By doing this
i feel that the tuslims would I and only the ; votes as well ment in U.P. b election and
pha elections) Muslims. The
had used most cynically to improve his chances for winning the elections. The Congress (I) had
blatantly sought votes in the name of Christianity during the Mizoram Assembly elections in
January 1989 and had campaigned. to seek support for a "Christian government".
5. Communal Media, Literature and Textbooks
The circulation of such openly communal newspapers as 'Akali Patrika', 'Sobat', 'Organiser',
'Marmik'is no less responsible, for the growth of communal forces. They often pass on news
which cause communal tensions. The textbooks on history written by different scholars have also
helped perpetuating the communal cleavage. In fact, the Indian civilisation and culture owe very
much to both the people. "The Hindu and Muslim Communities came to imbibe each-other's
thoughts and customs; and beneath the ruffled surface of storm and stress, there followed a genial
current of mutual harmony and toleration in different spheres of line." However, the interpretation
of history by many historians has been one-sided, though not completely erroneous. Allaudin
Khilji, Mahmud Ghaznavi, Aurangzeb and other Muslim rulers have been consistently painted as
anti-Hindu in the history textbooks for the Hindu students and the pro-Hindu policies of these
rulers as well as their reverence for Hindu qualities and culture have been purposely omitted from
reference.11 Likewise, the historical events have been misinterpreted by the Muslim scholars as
well. The textbooks in Pakistan are written in the same vein. Mohammed Bin Quasim and
Mahmud Ghaznavi are glorified for destroying Kafirs. Shivaji is described as a person 'who
believed that all kind of deceit and treachery was fair in war'. Gandhiji and the Congress have
been criticised for their Hindu leanings and lastly, the Muslim refugees who fled to Pakistan have
been 'sympathetically' referred though a reference to the Hindu refugees has been purposely
omitted. These history books inject communal passion in the minds of school children and
produce a generation with a distorted version of our history and heritage.
6. Separatism and Isolationism among Muslims
The communal groups among the Muslims also are working against the goal of communal amity.
They represent the Muslim opinion in this country as far as the Muslim grievances are concerned.
A feeling of economic backwardness and a discontent that the benefits of modernisation in terms
of governments jobs, business and education opportunities, etc., have not been enjoyed by the
Muslims promote separatist tendencies among them. The Muslims feel that there is an organised
vested interest belonging to the majority community which influence the administration succeeds
in pushing the minority interest to a subsidiary position, 'shameful treatment' being given to Urdu
in its home state of U.P., where it is a mother tongue of the Muslims, has also been equally
irritating to the Muslim leadership.1 There is no change in the anti-Hindu bias of the Muslim
League. Its consistent opposition to reform the Muslim Personal Law and the recent statements of
its leaders on Vande Mataram and the Aligarh Muslim University (Amendment) Act are
sufficient proof to explain its traditional separatist outlook. The Jamaat-e-Islami, Jamaiyt-ul-
Ulema, the Dini Talimi, Majlis-e-Mushawarat, the Iteahad-al-Musalmeen, the Ajnuman-'e-
Taraqoee-Urdu are other Muslim organisations which are informed of moreover the same
communal ideology. All these Muslim groups being aware of the impossibility of another home-
land for the Indian Muslims, now united in demanding the recognition of a separate status for
the882
INDIAN GOVERNMENT AND POLITICS
Muslim politics in India since the Mutiny of 1857—indeed from even before that date," 14 Moin
Shakir blames all these organisations as 'communal' on four counts, vis., first, they all believe in
separate electorates for the Muslims; secondly, they all confuse religion with politics and
economics; in the third place, they keep the masses ignorant of the realities of the modern age;
and lastly, they indulge in unprincipled adventurism.15
7. Hindu Chauvinism
After the partition of the country many among the Hindus forcefully argued that since the
Muslims had got their homeland, India which was now left behind, should be the land of the
Hindus. The Hindu Mahasabha is not reconciled to the partition of India and is committed to the
establishment of Akhand Bharat. The Jana Sangh which was created in 1951, is influenced by the
ideology of Hindu revivalism. The RSS always blames Muslims for any communal riot in the
country and refuses to see the other side of the picture. Balraj Madhok said in 1970 that "Islam
will have to be Indianised if Indian Muslims are to become nationalists." In the Shiv Sena
Journal, Bal Thackeray wrote, "Hindus should not only remain Hindus, but be fanatic Hindus and
dedicated crusaders of the religion." All these 'communal forces' among the Hindus have resented
the concept of 'secular India' and demanded of the Government 'to take steps to ban cow slaughter
all over India, to introduce Hindu religious, ethical and spiritual teachings in educational
institutions and to propagate the tenets of Hinduism through such mass media as the press and
radio.'16
The VHP, with the liberation of the Ram Janmabhoomi in Ayodhya as its religio-political battle
cry launched a fresh struggle (October-November, 1989), a Jagaran (awakening) to arouse Hindu
militancy through a four-point programme; bring Hindus under one manch to fight for Hindu
causes; ban proselytisation,. promote Sanskrit as a uniform language, and back political
candidates who support Hindu interests. ;
8. Political Opportunism
One of the major causes of communalism is the act of political opportunism. Despite its well
known commitment to secularism, the Congress leadership has often made alliances with
communal parties like Akali Dal and Muslim League, thus giving political respectability to
communalism.
The government first gave in to Muslim fundamentalists on the Shah Bano case and later it
equally blatantly gave it to Hindu fundamentalists. Both these acts were used for election
propaganda. It was pure opportunism. No conviction was involved in either case. It was neither
convinced of the superiority of personal law in situations of Shah Bano case, nor of the case of
the Viswa Hindu Parishad that Lord Rama was born at the site where the Shilanayas ceremony
was performed. This was nothing but appeasement of the Hindu and Muslim fundamentalists for
political gain.
Hindu Communalism
Muslim communalism contributed to the partition of India in 1947, but today it is communalism
in the name of the Hindu majority that poses the major challenge to the secular state. Rooted in
the 19th century Hindu revivalism of the Arya Samaj and the extremism of Tilak, Hindu
communalism today is most prominently represented by the political organisations like Hindu
Mahasabha, the Ram Rajya Parishad, the Jana Sangh, the BJP and the RSS. COMMUNALISM IN
INDIAN POLITICS
883
The Hindu Mahasabha was founded in reaction to the Muslim League, but in its early years the
organisation was obscured by the Congress Party, with which most of its members were
associated. The Lucknow Pact of 1916 and the ascendancy of the Moderates within the Congress
alienated many of the Hindu extremists, however, and under the leadership of V.D. Savarkar, the
Mahasabha parted with the Congress in a call to "Hiduize all politics and militarize Hindusam."
To overcome the fragmentation of sect, caste and language, the Mahasabha launched the
sanghathan movement for the unification, integration and consolidation of Hindu Rashtra, the
Hindu nation. The movement sought to reclaim those who had left the Hindu fold and to reassert
the fundamental 'Hinduness' of the Indian people. The Hindu Mahasabha has regarded .the
creation of Pakistan as the 'vivisection' of Mother India and has sought reunification by force if
necessary. Toward its goal of'Hindu Raj in Bharat', the Mahasabha platform includes a hard stand
toward Pakistan, compulsory military training, a total ban on cow slaughter, repeal of all 'anti-
Hindu legislation' and a vague policy of'Hindu socialism'.
The Rama Rajya Parishad, founded in 1948, is the most orthodox of the Hindu communal parties.
The strength of the party, which was supported by conservative landlords, had been almost
entirely limited to Rajasthan. The party sought to resurrect the Divine Kingdom of Rama and
return the people to rule by dharma. The BJP is a reincarnation of the Jana Sangh, the militant
Hindu nationalist party founded in 1951 by Shyama Prasad Mookherjee. Mookherjee and his
associates advocated the building of a modern India on the concept of Hindu Rashtra (nation),
which is based upon democratic principles but derives its inspiration from rich Indian culture and
traditions.
There are several Hindu sectarian organisations. The most active and articulate organisation
promoting the political interests of Hindus has been the RSS, which provides an important
channel for the assertion of militant Hindu nationalism. The RSS was founded in 1925 by a
Maharashtrian Brahmin, Kesav Hedgewar. Slowly and steadily it established its branches in all
parts of India, although largest following is in the Hindi heartland of north India. M.S. Golwalkar,
its chief organiser in 1940 after the death of Hedgewar summed up the ideology of the RSS when
he declared: "The non-Hindu peoples in Hindustan must either adopt the Hindu culture and
language, must learn to respect and hold in reverence Hindu religion, must entertain no idea but
those of glorification of the Hindu race and culture....." The RSS has built an effective
paramilitary organisation and possesses a large, active and well disciplined membership.
Although it claims to be a cultural rather than political organisation, the RSS became a major
force behind the Jana Sangh, a Hindu nationalist party. Since 1980, with the formation of the
BJP, the RSS seemed to have achieved a degree of autonomy and it supports the parties and
candidates that it believes are committed to the promotion of the interest of Hindus.
Muslim Communalism
Muslim communalism has been represented, most notably, by the Jamaat-e-Islami and by the
reactivated Muslim League in its various manifestations. The revivalist Jamaat-e-Islami claims to
be a cultural organisation with the open membership, but like its Hindu counterpart, the RSS, it is
purely communal. Moreover, like the RSS, it has a paramilitary character, and since the 1969
Gujarat riots, the Jamaat's activities have intensified. Along with Jamait-ul-Ulema, it is the
representative of Muslim orthodoxy, and its demands embrace a wide range of measure for
nrMo/*'-—•C-L1- - ■*'884
INDIAN GOVERNMENT AND POLITICS
as the preservation of Muslim Personal Law, compulsory religious instruction in Islam for
Muslim children, the censorship of publications particularly school textbook—so as to eradicate
materials repugnant to Muslim belief, and the prohibition of a alcoholic beverages.
The major political organisation of Indian Muslims has been the Muslim League. After the
partition, the League became almost wholly a party of the south. It has been partly successful in
Kerala and to a lesser extent in Tamil Nadu in forming political alliances and sharing power in
coalition governments. The Muslim League has sought the protection of the community primarily
through non-religious demands, including that for the preservation of the Urdu language,
expanded economic opportunities for Muslims and the reservation of seats for Muslims
proportionate to their population in colleges, government employment and in Parliament and the
State Assemblies. Most ominously for Indian secularism the League is again raising the cry for
separate electorates.
Sikh Communalism
The partition of the Punjab brought about the most radical change in the life of this region since
the fall of the Sikh Empire. The division of Punjab on communal lines, which affected every
sphere of life—political, economic, social, linguistic, administrative, cultural and moral—equally
influenced the population pattern. The Hindus who constituted a minority of 30 per cent in the
United Punjab now became a majority with 70 per cent of the population and the Sikhs a small
though important minority with 13 per cent of the population now became a sizable minority
community with 30 per cent of population in East Punjab. Muslims, a majority in the United
Punjab, were reduced to a microscopic minority.17
The communal leadership among the Hindus and the Sikh who had frequently co-operated in the
face of the challenge from the Muslim communal forces during the pre-partition days, now found
themselves in entirely different role. The fears of the Sikhs as a minority were now directed
against the Hindus who had an overwhelming majority both at the Centre and in the State. They
felt particularly upset when the Hindu communal press started attacking the Sikhs and Akali Dal
as being advocates of the establishment of a Sikh state and exhorted to government to curb their
communalism in 'Secular India'. The Akali leaders, however, complained about the communal
outlook of the Hindu officers in various departments and particularly about the Punjab University
Senate and Education Department. They accused the Hindu officers of discrimination against the
Sikh employees. The charges and counter-charges led to the erosion of confidence even before
unity could be consolidated after the partition. The language rivalry, which now became
expressed in the form of antagonism between Hindi and Punjabi, further strained their relations. 18
During the Census of 1951, the Hindu, by and large, declared Hindi as their mother tongue, thus
denying Punjabi its rightful place. The Akali interpreted this move as an attempt on the part of the
Hindus to gain a position of superiority in the Punjab. The linguistic tension continued during the
next decade. The 1961 Census recorded eleven million Hindi and eight million Punjabi speakers
in the Punjab. The Gopichand Bhargava ministry had earlier declared Punjab a bilingual state in
April 1948, giving Hindi and Punjabi equal status in government schools for primary classes.
Following protests in the Akali press, the Punjab Government announced its proposals in October
1949, on the language question which were popularly known as the 'Sachar Formula'.' But this
too failed to satisfy the protagonists of a Punjabi Suba. Master Tara Singh considered
these steps as discriminatory to the Sikhs and raising the slogan of a Sikh state said : "We
have a culture different from the Hindus. Our culture is Gurumukhi culture and our
literature is also in the Gurumukhi script." He added : "We want to have a province where
we can safeguard our culture and our tradition." 9
When the States Reorganisation Commission was appointed, the Akalis once again
asserted that the Punjab too should be carved on a linguistic basis. The Commission,
however, rejected their case on the plea that Gurumukhi was not acceptable to a larger
section of the Punjabis in the Punjab. In fact, the demand for a Punjabi Suba was not
purely on a linguistic basis but was directed to the formation of a Sikh majority state
wherein they could preserve the Sikh culture and their separate entity. Religion was used
by communal leaders to advance the cause of Punjabi Suba. Regional politics in the
Punjab during the period, thus, got mixed up with religion and language. The movement
for Punjabi Suba continued unabated under the leadership of Master Tara Singh20 and
later Sant Fateh Singh21 which ultimately compelled the Government of India to agree to
redraw the boundaries of the Punjab. Thus, a Punjab Reorganization Bill was introduced
in Parliament on 3 September, 1966. Punjab was consequently divided into two states—
Punjab and Haryana—and the hill districts were merged with Himachal Pradesh.
Throughout the present century and of course, even more so before then, the dominant
Sikh leadership has not been able to come up with any secular political or economic
programme. Indeed most Sikh leaders would assert that for a Sikh leader to espouse a
secular programme is a contradiction in terms. Even in terms of religious objectives, it
was only during the brief but truly outstanding Akali movement of 1920-25 when the
Gurudwaras were wrested from the Mahants that the Sikh leaders were able to formulate
a progressive
... 22
religious programme.
Since then Sikh politics has been a contest for the control over the Shiromani Gurudwara
Prabandhak Committee (SGPC), the 160-member apex body set up by the Sikh
Gurudwaras Act of 1925, and through it the control of Sikh Gurudwaras. The SGPC is
the supreme body of the Sikh community. It is unique among the religious institutions of
the world in that it is elected by all adult Sikhs who enroll themselves as voters.23 The
objective of Sikh politics in controlling Gurudwaras has not been to improve their
functioning or with that perch to improve the tradition but to use the enormous properties
and incomes of the Gurudwaras, their personnel, their inviolate extraterritorial status for
aggrandising the leader's position and that of his faction or group.
The electoral process of the SGPC in the Punjab, particularly that of Gurudwara
elections, is in some respects unique. In some sense the different parties and groups that
set up their candidates all operate within the same religious-ideological framework. In
other words, religious faith provides an ideological framework of its own within which
the different political parties or independent groups fighting the election have to operate.
This makes to extremely difficult for some political parties which are secular as in the
case of the Congress or basically atheistic as with the communists, to function effectively
in the Gurudwara elections. On the other hand, the Akali Dal has an assured base within
the SGPC. Virtually, since its inception, the SGPC relied on the Shiromani Akali Dal
which was formed less than one month after the founding of the SGPC on 14 December,
1920. Akali bands provided the dynamic
886
INDIAN GOVERNMENT AND POLITICS
element of the reform movement in the 1920s to the extent that it became known as the Akali
movement. Internal dynamics within the SGPC are governed by a symbolic relationship with the
Akali Dal. In fact, the majority since its inception in 1925, except for short intervals, always has
been controlled by the Akali Dal despite continuous competition from other parties and groups.
That religion is for politics and politics for religion is today reflected in the rhetoric of the
politician as well as in the organizational structure of both religious and political bodies of the
Sikhs. The Akal Takhat—the 'Throne of the Timeless One'—has been invoked, for instance, to
settle factional disputes among the Akalis. The funds, personnel and premises of the Gurudwaras
and of the SGPC are freely used for politics. The SGPC itself—a body meant to oversee the
Gurudwaras—is the preserve of active politicians. The striking aspect of the SGPC elections of
1979 was that the main issue centred around more autonomy for the state. This basically political
or constitutional issue was the dominant theme in the election to a religious body. On the other
hand, issues that were primarily of religious significance, such as laxity in the observance of
personal norms on the part of members of the community, played no significant part. This
deliberate mixing of politics and religion cannot but have disastrous consequences both for the
community as a whole and for the nature of Sikh politics itself.24
Moreover, in the kind of politics the Sikh leaders have been practising religion is said to be all
important and as that religion is projected as being in mortal danger, everything is rationalised.
Hence, gross opportunism of the worst kind has been the hallmark of Sikh politics. Thus, the
Akalis opposed the Unionist Party. But after the Sikander-Baldev Singh Pact they again became
its allies. They opposed the Muslim League and then nominated one of their members to join the
Muslim League cabinet in the North-West Frontier Province. They passed resolutions in favour
of a united India but then bargained with the British for an independent Sikh State. When that
was not to be had they talked with Jinnah till he refused to concede them, the right to secede.
After 1947 they have denounced the Congress and allied with it, denounced the Jana Sangh and
allied with it, sworn by the Janata and helped Charan Singh pull it down.25
Anatomy of Communal Riots
During the 10 years, from 1954 to 1963, when the position of the Congress Party was almost
unassailable there were an average of 62 communal riots annually and the number of those killed
around 40 a year. This was the period when vote-catching at any cost was not the policy of the
ruling party. Jawahar Lai Nehru was not willing to get votes by pandering to communal forces.
The 7 year period from 1964 to 1970 was quite bad. The country had an average of 425
communal riots and an average of 467 killed each year. The following 8 years, 1971 to 1978,
were quieter. The average number of riots came down 234 and the average number of persons
killed to 68. From 1979 the improvement during 1971 to 1978 disappeared and a continuous
deterioration set in. In 1988, of 611 communal incidents 55 per cent were in rural areas. Also
alarming is the fact that against 80 communal incidents classified as 'hypersensitive' in 1971, the
number rose to 213 in 1988. Large scale communal violence took place in Gujarat on February 28
and March 1, 2002 as a fallout of the carnage at Godhra on February 27, 2002 in which 58
persons were burnt to death. As on March 18, 2002 the police fired 6,067 rounds of quell
violence, burst 8,929 teargas shells and arrested 9,950 persons. Total deaths reported in Gujarat
were 692COMMUNALISM IN INDIAN POLITICS
887
including 109 killed in police firing.26 The picture becomes a little worse if one remembers that
official figures have a substantial element of concealment of casualties. A big difference between
the riots till the early sixties and the riots in the eighties has been the easy availability of firearms
to the rioters. Supply of firearm, both legal and illegal, has become a big industry and this lobby
has a strong voice in all political parties. Repeated riots in the same district are mainly due to two
reasons : no effective firing is resorted to against mobs which indulge in arson, loot and stabbing;
and there is no worthwhile investigation. More than 50 per cent of serious cases of communal
riots and other cases of collective violence in India are due to inaction, orally ordered by the
government. Many district magistrates and S.P. wait for guidance from the state capitals instead
of collecting the armed police available and going to the scene of rioting to open fire on those
who are indulging in arson and stabbing.27
The Sri Krishna Commission Report on the Mumbai Riots (1992-93) observes, "Several arson
incidents, stabbing and violence occurred within the
eyesight and earshot of the police pickets without any action by them......The
bias of policemen was seen in the active connivance of police constables with
the rioting Hindu mobes on occasions...... The police by their own conduct,
appeared to have lost moral authority over the citizens and appeared to evoke no fear even in the
minds of the criminal elements......"
Consequences of Communalism
Today Communalism, in its varied shapes, has acquired a very dangerous form and alarming
proportions in India. It disrupts the pattern of co-existence in our multi-religious fraternity. It is
an affront to India's nationalist identity and a tragic setback to our evolving secular culture. It is
subversive of our democratic political stability. By killing each other in mindless communal
strife, we are in effect killing ourselves—killing the Indian nation, killing our own larger family,
killing our glorious heritage of humanism and composite culture. Therefore, communalism
should be recognised as enemy number one of our secular democratic polity. No concerned
citizen could and should overlook the fact that Hindu, Muslim and Sikh communalism today was
jointly and severally become a disastrous factor—weakening the stability, development, national
security, pride and patriotism of the people. Communalism generates not only a false
consciousness but seeks to counterpose on false promises one citizen against another and thereby
weaken the structure of national fraternity. By bringing religion into politics, joint endeavours for
vital common objectives— removal of poverty, eradication of disease, availability of education,
employment, housing, etc.—are fragmented and frustrated.
SUGGESTIONS FOR ERADICATING COMMUNALISM
Communalism in India is an elephantine problem. It is impossible to root it out from the country.
At best it can be contained; and that too with a collective effort. The Places of Worship (Special
Provisions) Act, 1991 has been enacted to maintain the status quo of places of worship as it
existed on 15th August, 1947 so as to avoid any new controversies relating to such places.
Ministry of Home Affairs has set up a Rapid Action Force charged with the special task of
quelling communal riots. The following remedies have been suggested for eradicating
communalism :
1. Banning communal organisation and imposing community fine in the riot affected areas are
considered the two important remedies of the problem.INDIAN GOVERNMENT AND POLITICS
2. The best hope of achieving composite nationhood in the immediate future lies in a balanced
development of the two communities. For infusing this consciousness a two prolonged policy
would have to be followed : one of humanising Hinduism further and the other of fighting the
backward movement within the Muslim community itself by introducing necessary changes in its
laws. It is not conducive to peace to keep different communities at different levels of
development and legitimise conservation in one case while encouraging radical movements in the
other.
3. The Muslim and other groups must be brought up to par economically with other
communities so that their sense of security is enhanced. So long as the two communities are not
brought up to par with each-other, Muslims will continue to be obsessed with the need for their
separate identity and the Hindus would continue to suspect their extra-territorial loyalties.
4. Both communities should learn to separate religion from politics.
5. The law and order machinery should be depoliticised. The District Magistrate and S.P. be
made directly responsible for communal riots and such other occurrences in the areas under their
jurisdiction.
6. In pockets where communal riots, looting and arson were found to be chronic on an analysis
of the past trends and figures, preventive measures should be adopted to eradicate group tensions.
7. Positive measures include educative efforts to inculcate among the people mutual respect and
tolerance towards all the religions.
8. Removal of communal orientation in textbooks and reading material prepared for schools.
9. Instructions to T.V., radio and media to avoid coverage of news and views likely to promote
communal prejudice and hatred.
10. Educational institutions and even business enterprises should serve as 'agencies' to extend this
message, to all the communities. These institutions should encourage the joint celebration of
festivals among different communities. Further, the textbooks to be prescribed for the schools
should include only such lessons which emphasise the contributions made by all the religious
communities in the making of the Indian culture.
Communalism is the enemy of progress, social change, democracy and of federal nation state
building on rational scientific lines and above all of human decency, compassion and human
fraternity. In our struggle against communalism we should mobilise a wide cross-section of our
people including genuine religious persons, women, youth, professional groups, especially media
persons because communalism is both anti-national and anti-human.
REFERENCES
1. V.R. Mehta, Ideology, Modernization and Politics in India, New Delhi, 1983, p. 153.
2. Ibid., p. 154.
3. Pramod Kumar, "Communal Ideology : The Instruments, Basis and Social Appeal," in Virendra Grover (ed).
Political System in India, Vol. 7. New Delhi, 1989, p. 322.
4. The American Political Science Review, Vol. 64.
5. Bipan Chandra, Communalism in Modern India, p. 2.
6. Asghar Ali Engineer, "Socio-Economic Basis of Communalism" in Virendra Grover (ed.), Political System in
India, Vol. 7., New Delhi, 1989, pp. 335-345.COMMUNALISM IN INDIAN POLITICS
889
' 7. 8. 9. 10.
11.
12.
13.
Ibid.
Ibid.
The Indian Express, 16 August, 1992.
Asghar Ali Engineer, "Distorting Indi
1975, p. 8.
Ibid.
12. A.A.A. Fyzee, "The Muslim Minority in India", Quest (Bombay), October-December, 1967,
p. 22.
13. Ibid.
14. A.B. Shah, "Muslim Thought in India", Humanist Review, Bombay, October-December 1969,
p. 476.
15. Ibid.
16. A.H. Doctor, "Interest Groups in India", Quest, Bombay, No. 53, April-June 1967, p. 39.
17. Babu Lai Fadia, State Politics in India, Vol. 2, New Delhi, 1984, p. 173.
18. Ibid., p. 174.
19. Akali Patrika, 11 October, 1949.
20. On Nehru's denial the non-acceptance of the demand for a Punjabi Suba amounted to discrimination against the
Sikhs, Master Tara Singh went on a fast-unto-death on 15 August, 1961, but gave it up after 43 days when Nehru did
not yield.
21. Sant Fateh Singh tried to present the demand for a Punjabi Suba as a purely linguistic demand and laid emphasis
on Hindu-Muslim unity.
Fadia, n. 17, p. 175.
Surindre S. Suri and Narindra Dogra, "The Study of the SGPC Elections, March 1979" in
Paul Wallace and Surendra Chopra, eds., Political Dynamics of Punjab' (Amritsar, 1981),
pp. 132-42.
24. Arun Shourie, "The Politics of Pandering", The Indian Express, 12 May, 1982, pp. 1-4.
25. Ibid., p. 4.
26. Annual Report, 2001-02, Government of India, Ministry of Home Affairs, p. 2.
27. N.S. Saksena, "Anatomy of Communal Riots," The Indian Express, 31 March, 1990.
22. 23. Chapter 63
THE CASTE AND INDIAN POLITICS
The predominant feature of the social structure in India is the caste system. The caste
system in its most general but fundamental aspects is an ascriptive system of status and
hierarchy. It is pervasive and all embracing and is known for controlling and defining all
social, economic and political relationships for the individual. M.N. Srinivas opines :
"Caste is so tacitly and so completely accepted by all, including those most vocal in
condemning it, t^at it is everywhere the unit of social action."1 A sociologist would define
caste as a hereditary, endogamous and localised group, having a traditional association
with an occupation and a particular position in the local hierarchy of castes. It is a group
of actual kins where every member of the group can be shown as the kin of another on a
genealogical chart. Each caste has its area of extent in which there is kinship and
marriage, mutual visits and meetings of caste councils.
The point which needs to be emphasised here is that for purposes of sociological analysis
of distinction has to be made between caste at the political level and caste at the social
and ritual level.2 The latter is a much smaller unit than the former. The policy of the
British government providing a certain amount of power to local self-governing bodies
and concessions to backward castes provided new opportunities. In order to be able to
take advantages of these opportunities caste groups entered into alliances with each other
to form bigger entities. Gradually, the characteristics of and occupation of castes are
weakening in cities and towns. Even the villages are experiencing a certain amount of
change. This process has, however, been accompanied by the greater activity of caste in
administration and politics. Adult franchise and Panchayati Raj have provided new
opportunities for castes. In the course of exploitation of new opportunities, the caste
system has undergone a certain degree of change. Numerically large castes have become
important pressure groups in politics at the district and state levels.3 The politics of
Rajasthan will not make sense if we do not take into account the rivalry between Jats and
Rajputs. Similarly in Karnataka there is rivalry between Okkaligas and Lingayats; in
Andhra Pradesh, the chief competing castes are Reddis and Kammas; in Kerala, there is a
triangular struggle between Nayars, Izhavas and Syrian Christians; in Maharashtra,
Maratha, Brahmin and Mahar; in Gujarat Banias, Patidars and Kolis; and in Bihar
between Bhumihar, Kayastha and Rajput.
CASTE IN HISTORICAL PERSPECTIVE
The word 'caste' is derived from the Portuguese word 'casta' signifying breed, race or kind
: humem de boa Casta is "a man of good family." The first use of this word in the
restricted sense dates from 1563 when Garcia do Orta wrote that "no one changes from
his father's trade and all those of the sameTHE CASTE AND INDIAN POLITICS
891
caste of shoe-makers are the same." To define a caste is more difficult than to give the derivation
of the term. Risley defines it as "a collection of families or groups of families bearing a common
name : claiming a common descent from a mythical ancestor, human or divine; professing to
follow the same hereditary calling and are regarded by those who are competent to give an
opinion as forming a single homogeneous community."4 The caste name is generally associated
with a specific occupation. A caste is almost invariably endogamous to the extent that it is further
divided into a number of smaller circles each of which is endogamous, so that a Brahmin is not
only restricted to marrying another Brahmin, but to marrying a woman of the same sub-division
of Brahmins. The words 'caste' and 'sub-caste' are not absolute but comparative in significance.
The larger group will be called a caste while the smaller group will be called a sub-caste. Senart
asserts : "A group which has the power to maintain its authority by means of a jurisdiction which,
though rather attenuated, is capable of making the authority of the community effectively felt
by the imposition of various penalties......such in epitome, as it seems to us, is
a caste."5 In fact, caste in India is a well organised, homogeneous and articulate social group and
henceforth no explanation of Indian politics is possible without reference to caste.
According to Hindu tradition the caste system owes its origin to the four Varnas, derived from the
Brahmin, who sprang from the mouth of the deity; the Kshatriya who was created from his arms;
the Vaishya, who was formed from his stomach; and the Sudra who was born from his feet.6 The
Brahmins were declared to be the chief because of their creation from the mouth. The Kshatriyas
were deemed vigorous because they were created from vigour. The Vaishyas were meant to be
businessmen because of their creation from the stomach, the receptacle of food. The Sudra,
because of his creation from the feet, were deemed to be the transporter of others. 7 In this
particular account of the creation, not only is the origin of the classes interpreted theologically,
but also a divine justification is sought to be given to their functions and status. From mixed
unions between the different Varnas, come the various castes of which 2,378 were actually
counted at the Indian Census of 1901.
Earlier European observers of the caste system were content to regard caste as an artificial
creation, as a device of a clever priesthood for the permanent division and subjection of the
masses, or even as the creation of a single law-giver. Abbe Dubois speaks of it as the ingenious
device of Brahmins and clearly regards it as made by, and for them. But it is not advisable to
accept such an extremist view because so deeply rooted a pervasive social institution as the caste
system could hardly have been imposed by an administrative measure. Nesfield regards
occupation as the exclusive basis of caste distinction. It is the natural product of society in the
creation of which religion played no part at all.9 Dahlmann feels that caste sprang not from the
four Varnas but from the infinite number of corporations and of groups of relatives into which
these four Varnas were divided. He argues that there was a steady progress of development from
classes to corporations and from corporations to castes. Chandra traces the origin of caste to race
and function; colour or race difference, real and fancied, together with hereditary functions, gave
birth to the caste system.10 Whatever may be the history of the origin of the caste system, the
institution of caste has been one of exclusive characteristics of the Indian society since early ages.
Inspite of great changes in the history of India, caste has892
INDIAN GOVERNMENT AND POLITICS
CASTE IN MODERN PERSPECTIVE
It is recognised that the traditional social system in India is organised around caste structures and
caste entities. Hence, it is particularly interesting to study its implications on politics. Politics is a
competitive enterprise, its purpose is the acquisition of power for the realisation of certain goods
and its process is one of identifying and manipulating existing and emerging allegiances in order
to mobilise and consolidate positions. For that what is needed is organisation and articulation of
support, and where politics is mass based, the point is to articulate support through the
organisations in which the masses are to be found.12 It follows that where the caste structure
provides one of the principal organisational clusters along with the bulk of the population is
found to live, politics must strive to organise through such a structure. 13
Caste as a fundamental aspect of the social structure of India and the economic foundation upon
which it is based, is a major parametric variable of the Indian political system. In the opinion of
many thinkers, castes are assuming new functions like influencing politics 15 and their role in
political dynamics is gradually increasing. It is almost playing the role of an effective interest or
pressure group at various levels of the decision-making apparatus. According to C. Von Furer :
Parliamentary democracy and the system of political parties competing for the support of the
electorate developed in a society where the individual was not born into a tightly organised group
which demands his loyalty and affords him support in his dealing with the rest of the community.
In India, on the other hand, such groups— the castes and sub-castes—dominate social life, and
inevitably influence their members attitude to other goupings of a social or political character. In
other words, the very fact that a caste is capable of functioning as an effective pressure group, and
that its members cannot leave it and join another group as will, places it into a position of a
political power, which cannot be ignored by the political parties depending for their mandate on
the goodwill of the voters. 6
The relationship between caste and politics reveals the politicised nature of caste in the context of
Indian politics :
1. Caste provides an extensive basis for organisation of democratic politics. The need to organise
and articulate support in an open polity inevitably turns those engaged in political competition
towards organisations and solidarity groups in which the masses are found. In a society such as
India where caste remains the principal basis of social organisation and activity, this means
turning towards caste groups and associations. In this way caste identity and solidarities became
the primary channels through which electoral and political support is mobilised within the
political system. Thus, as Kothari puts it, "it is not politics that gets caste ridden, it is caste that
gets politicised." 7
2. Caste is used more extensively in mobilising support in rural than urban areas.
3. Political parties find it easier to mobilise support directly from the members of a caste
community by appealing to them.
4. The present political system itself encourages or inhibits the use of caste as a means of
breeding followers.
5. It has been recently argued that caste enables the illiterate and politically ignorant masses of
India to participate in the modern democratic process.
THE CASTE AND INDIAN POLITICS
893
iurban
6. The communication of ideas is strong within a caste and generally the members of a caste
share the same views in relation to political parties, politics and individuals.
According to Rudolph and Rudolph, the relationship that caste bears to politics can best be
understood in terms of three types of political mobilization, each suggestive of different phases of
political development: vertical, horizontal and differential. Vertical mobilization is the
marshalling of political support by traditional notables in local societies that are organised
integrated by rank, mutual dependence and the legitimacy of traditional authority. In India tradi-
tional elites were characteristically the leaders of locally dominant castes. They responded to
representative government and popular politics by mobilising what local notables in Britain
called their 'interest'. Horizontal mobilization involves the marshalling of popular political
support by class or community leaders and their specialised organsiations. Differential
mobilization involves the marshalling of direct or indirect political support by political parties
from viable but internally differentiated communities through parallel appeals to ideology,
sentiment and interest. The agent of mobilization in this case is the political party rather than the
local notable or community association.18
Political Dimensions of Caste : Rajni Kothari's Approach
Everyone recognises that the social system in India is organised around caste structures and caste
identities. In dealing with the relationship between caste and politics however, the tendency is to
ask the question : Is caste disappearing? In reality, however, no social system disappears. A more
useful question would be : What form is caste taking under the impact of politics, and what form
is politics taking in a caste oriented society? Those who 'complain of casteism in politics' in India
are really looking for a sort of politics which has no basis in society. They also probably lack any
clear conception of either the nature of politics or the nature of the caste system. The process of
politics in one of identifying and manipulating existing structures in order to mobilise support and
consolidate positions. Where the caste structure provides one of the most important organisational
clusters in which the population is found to live, politics must strive to organise through such a
structure. The allege casteism in politics is thus no more and no less than politicization of caste.
By drawing the caste system into its web organisation, politics finds material for its articulation
and moulds it into its own design. In making politics their sphere of activity, caste and kin group,
on the other hand, get a chance to assert their identity and to strive for positions. Politicians
mobilise caste groupings and identities in order to organise their power.
In the context of interactions between caste and politics, Rajni Kothari has pointed out that three
aspect of the caste system call for special attention :
The first is what may be called the secular dimensions. In emphasizing caste as a stratification
system in which distances are rigidly maintained through endogamy, pollution and the legitimacy
of rituals, caste as a system of conflict and interaction has received sparse attention. Yet the fact
is that functionalism and caste cleavages, patterns of alignment and realignment among the
various strata, and a continuous striving for social mobility have always been prominent features
of the caste system.
Second, there is the integration dimension. The caste system not only determines the individual's
social station on the basis of the group to which he is born but also differentiats and assigns
occupational and economic roles. It894
INDIAN GOVERNMENT AND POLITICS

for a high degree of identification and integration. At the same time, it is an integration
structure of a specific type, namely, one that is more intense in its small group orientation
and particularistic loyalties and where wider loyalties operate only when they are
structured through the prevailing differentiations. This aspect is important in
understanding the structural impact of democratic nation-building. For the competitive
style of democratic politics involves group action and cohesion; democratic politics is as
much a process of fusion as of fission.
Third, there is the dimension of consciousness. Caste enters politics through the
'consciousness aspect' highlighted by its symbolism and value structure. This is where
symbolic gestures for cultural mobility such as 'Sanskritisation', 'Westernisation' and
'Secularisation' assume or disguise political overtones in their manifestation. According
to Rajni Kothari, "It is not politics that gets caste-ridden; it is caste that gets politicized."
The operation of competitive politics has drawn caste out of its apolitical context and
given it a new status and identity.
CASTE, ELECTIONS AND POLITICAL PARTIES
India, being a democratic state, the administrative machinery is operated by
representatives elected by the people. The method of election has done much to
encourage the caste system because the candidates want to achieve their ends by
propagating casteism among the voters. In practice, people are asked to vote for their
Caste candidate and thus casteism is maintained by the elected leaders after the elections
are over. Political parties also choose such candidates for election from the caste having
significant voice in the constituency. In this way, the Indian political system, though
'modern' and 'democratic' in form, is not so in its working and content.
The political behaviour of the people of the members of different political parties and of
the members of the Government is caste-oriented or is influenced by the caste
considerations. Their attitudes are caste-based and their values are the values of the caste
society. While admitting that caste influences political parties, the members of the
Government and the administration, it can be argued that politics also influences caste.
When we say that caste affects political behaviour, we usually refer to the following
types of behaviour :
(i) People of a caste vote en bloc for a candidate of the same or different caste, either in
pursuance of the decision of the caste panchayat or of a meeting of caste members or
even without a formal decision. (ii) Even when they do not vote en bloc, they prefer a
candidate of their own caste to other candidates irrespective of the merits or demerits of
the candidates, (iii) The selection of the candidates for a constituency is based on
whether
he will be able to get the support of a particular caste or castes. (iv) In recommending
candidates, the caste of those recommending plays
an important role. (v) When a single caste is not likely to be effective, alliances are
formed
on caste basis by the candidates or by the voters.
(vi) The office bearers of a party are appointed on the basis of caste to please, or not to
displease a caste group in the party and in the constituency.
(vii) If the caste candidate happens to belong to the caste in majority having large voters,
it is presumed that he will be selected, because of hisTHE CASTE AND INDIAN POLITICS
895
association with such a caste. If he is elected, he is presumed to have been supported by the caste
in majority. If he is not elected it is presumed that the caste did not support him, or the voters of
all other castes united to defeat him.
In the general elections of 1962, in Gujarat the Kshatriyas joined the Swatantra Party on the basis
of the appeal to their unity as a caste. In the Lok Sabha elections of 1971, most of the political
parties appeared to be influenced by considerations of caste in the selection of candidates. Barring
Maharashtra, Assam and to some extent West Bengal, casteism was prevalent in all the States in
one form or another. Delhi, being the country's capital and most voters in its seven parliamentary
constituencies being educated, there was very little scope for caste considerations. But in outer
Delhi constituency composed of Jats, Ahirs, Brahmins and Harijans the caste factor was decisive.
The Jana Sangh and the Congress had, therefore, selected Jat candidates to contest in this rural
constituency. Even in Karol Bagh constituency of Delhi, the role of 'Rehagar' caste is dominant.
Generally, the Rehagars vote en bloc or according to the wishes of their leaders. For long they
have been the supporters of Congress. The Jana Sangh victory in the 1967 elections was partly
because Regahar votes were divided between the Congress and the Republican candidates. In
1971, Congress victory was mainly with the united support of this caste.
In Kerala, it is known that in most districts of Malabar, only a Muslim or one supported by
Muslims, has chances of winning an election because they are numerically strong and are living
in tight clusters in those districts. It is also well known what role the Muslim League with its tight
hold on its community has played in the twists and turns of Kerala politics. The Latin Catholics
are supporters of the Marxists and even the CPI(M) have to be careful about putting up only Latin
Catholic candidates. The Ezhava community is behind the CPI(M) and the Nairs with the
Congress.
In Madhya Pradesh casteism hasL always been the bane of politics. Candidates for the Assembly
are more intimately connected with caste groups and sub-groups than those standing for the Lok
Sabha. Even in selecting their nominees for the Lok Sabha almost all parties in the State take into
account the caste pattern of the constituency. Besides other political considerations if Tulsidas
Jatav was considered for the Betul seat in 1971 elections, one of the factors was that he is a
'Kunbi' and there is a sizeable population of Kunbis in the area.20 If the Raja of Bhadawar was to
contest the Bhind seat, the reason was that he will be able to muster the support of a large number
of Bhadoria Rajputs in the area. One of the considerations for putting up Shakir Ali Khan as the
CPI candidate from Bhopal, besides his own popularity was that there were a larger number of
Muslim voters in the area.
In Punjab, the caste-community role is found on a different pattern. Among the Hindus, the
general attitude is that if a Hindu knows that a Jana Sangh candidate can win the election, he will
prefer him but if he has the slightest doubt about his success he would vote for a Congress
candidate whether a Hindu or Sikh. In this kind of political behaviour the principal motivation is
to keep the Akalis in check. Similarly, Sikhs will prefer an Akali candidate but if he finds that he
will not win, he would vote for a non-Akali Sikh, if need be even a Communist, the principal
ideas again being to reduce Hindu influence.
Caste forms the basis of election strategy and politics in Bihar as well. It is interesting to note that
when R.L.S. Yadav, a Congress leader, expressed his896
INDIAN GOVERNMENT AND POLITICS
which party tickets had been distributed for the elections it was because he felt that they favoured
the upper castes, particularly the Brahmins, and left the Yadavs in the cold. New Delhi responded
by asserting that no favour had been shown to any particular caste and the castewise 'quota' was
given as proof : Brahmins : 28, Rajputs : 34, Bhumihars : 26, Yadavs : 33, other backward
castes : 40, Harijans : 45, Adivasis : 29 and Muslims : 26. The point is that in doing so the
Congress was merely revealing the new strategy in caste-based politics.
The selection of candidates and their elections in Haryana is influenced by the Jats and the Ahirs,
in Rajasthan by Rajputs and Jats, in Karnataka by the Vokkaliga and the Lingayat. In Tamil Nadu
it is almost axiomatic that only a Naidu candidate can be expected to win from a predominantly
Naidu area, a Mudaliar from a Mudaliar area, a Vanniar from a Vanniar area.
Caste is a determining factor at all the levels of governmental structure in India—Central, state
and local. Caste considerations play a decisive role in the formation of the Central Cabinet. It has
been a convention to include at least one or two ministers from communities like Harijans
(Scheduled Caste), Tribals (Scheduled Tribe), Sikhs, Muslims, Kayasthas, Brahmins, Rajputs,
Jats, Reddis and so on. These ministers have direct links and contacts with their caste
associations. Some of them are even supported and proposed for party tickets and for ministership
by their respective caste associations. Currently caste politics happens to be most pronounced in
U.P. and Bihar and selection of Mulayam Singh Yadav and Lallu Prasad Yadav as Chief Minister
in respective states denotes the importance of their solid caste base. India Today writes : "The
1990 verdict has, however signalled the coming to power of intermediary castes and a post-1947
born leadership. For the first time two Yadav Chief Ministers rule almost one-fourth of the
nations's population in Uttar Pradesh and Bihar. While at the centre, there are three ministers who
belong to yet another intermediary caste—the Jats."
ROLE OF CASTE IN STATE POLITICS
State politics in India has been particularly the hot bed of political casteism. Andre Beteille very
cadidly observes : "Caste enters much more
directly into the composition of political elites at the state level......Thus, the
Mysore cabinet is dominated by Lingayats and Okkaligas, the Maharashtra cabinet by Marathas
and some have referred to the Madras cabinet as a federation of dominant castes." 21 Michael
Brecher remarks : "Caste plays a major role in state and local politics but it is marginal at the all-
India level.22
Tinker observes : ".....State politics will be caste politics throughout most of
India for many years to come."
Bihar
Politics in Bihar has been mostly organised on the basis of caste. All those parties which happen
to have a multi-caste membership have powerful functions. This was true of the undivided
Congress as much as it is ture of Congress (I), the Bhartiya Janata Party, RJD and other major
parties. The caste orientation of parties and groups does not mean that they are motivated only by
caste interests of their members or that persons from other castes are completely barred entry or
that the parties or groups actually serve any special or general interests of the caste. These are not
service organisations for their castes but power machines which use caste labels for building
loyalty around someTHE CASTE AND INDIAN POLITICS
897
personalities. In other words, the caste gets politicised and becomes a means in the elite politics
of securing or retaining power.
The single case of Bihar is adequate to prove the thesis that caste considerations are vital in
political matters.23 Almost all the top leaders of Bihar Congress Party have been connected with
their respective caste associations. Rajendra Prasad, who held office as President of India, was for
three decades connected with the All-India Kayastha Conference and had presided over its
Jaunpur Session in 1925. A. N. Singh, another prominent leader, was connected with the All-
India Kashtriya Mahasabha. S.K. Sinha's association with the Bhumihar Brahmin Mahasabha,
and his use of it to put political pressures, are also well known.
Initially, there were six groups in the Bihar Congress, viz., the Bhumihar group led by S.K. Sinha,
the Rajput group led by A. N. Singh, the two factions of Brahimns, one led by L. N. Mishra and
the other by Binodanand Jha, the Kayastha group led by K.B. Sahay and the backward castes led
by R.L.S. Yadav. These groups were not altogether at peace among themselves. For instance,
while the L.N. Mishra faction of Brahmins was supporting the powerful Bhumihar group. Pandit
Binodanand Jha was supporting the Rajput faction. K. B. Sahay, the Kayastha leader was
supporting the Bhumihars till 1957, but after that he defected to the Rajput group. The backward
castes leaders R.L.S. Yadav was the political disciple of Sahay and his loyalty used to change
with Sahay's. After the death of S.K. Sinha, Binodanand Jha became Chief Minister. In the
meantime A.N. Singh had died too, and the leadership of the Rajput faction was conferred on his
son S.N. Singh. In the same manner, M.P. Sinha inherited the leadership of the Bhumihars from
his father. While the Rajputs supported the 'Brahmin Raj' led by Jha, the Bhumihars, the L.N.
Mishra faction of Brahmins, the Kayasthas and the backward castes opposed it. The Jha Ministry
could not face such a strong opposition and the Chief Minister had to resign under the Kamaraj
Plan. 'Kayastha Raj' followed with K. B. Sahay as head. He successfully won over the Rajputs
and the new power equation thus was : Kayastha, backward castes, a faction of Brahimns, Rajputs
vs. Bhumihars and the Binodanand Jha faction of Brahmins.
The Congress split in 1969 meant a realignment. While at the established leaders of the Rajput,
Bhumihar and Kayastha communities, viz., S.N. Singh, M.P. Sinha and K.B. Sahay remained
with the organisational wing, the backward castes, who had by then split into two factions—one
led by R.L.S. Yadav and the other by his young competitor Daroga Rai as well as the Brahmins
switched their loyalites to Congress (R) (Indira Gandhi's Congress).
Non-Congress parties have by no means had a clear, non-caste basis. In fact till 1967, under
Congress domination, their attitude towards the ruling party depended on who, representing
which caste, was in power. For instance, when Bhumihar S.L. Singh was Chief Minister, the than
leader of the PSP Legislative Wing, Ramanand Tewari was very critical yet when Binodanand
Jha came to power, Tewari's attitude softened—even as Besawan Singh another PSP leader,
became more critical. Tewari is a Brahmin and Singh a Bhumihar. Thakur Prasad, the Jana Sangh
chief, used to maintain a lukewarm attitude towards the government headed by K.B. Sahay, both
were Kayasthas. At the time of the Congress split, too, the so-called ideological discussion inside
each political party was actually guided by caste considerations. While the Brahmins
fell for 'orogressive
-i. _r it,. 898
INDIAN GOVERNMENT AND POLITICS
ideas' of Indira Gandhi, the Bhumihars, Rajputs and Kayasthas, supported the old Congress.
Bihar, in fact, represents the scene of a clash among four castes, viz., Rajputs, Brahmins,
Kayasthas and Adivasis. The Adivasis or the backward tribal people of Bihar-Orissa border
organised themselves into Jharkhand Party which in the elections of 1957 had been able to
capture most of the seats reserved for tribal and backward sections of the society and with its
increased strength intensified the demand for a separate tribal state (Jharkhand) comprising all
tribal areas of Bihar, Orissa and Madhya Pradesh. It afforded a potential challenge to the
Congress Party. In order to face this situation, the Congress High Command deputed a Christian
lady, Raj Kumari Amrit Kaur, to go to the tribal areas in order to wean away many tribesmen
(particularly those converted into Christianity) from the influence of this new organisation. The
Congress succeeded in depleting the ranks of this party which in a truncated form is now known
as the Hul-Jharkhand.
The influence wielded by the Raja of Ramgarh—a Rajput by caste—over his area and in Bihar
politics as a whole despite all his acts of corruption, misappropriation, etc., has been most
extraordinary. The Raja and his family interests for a decade have been the cancer of Bihar
politics. In the post-1967 period, his group acquired a balancing position in as much as its support
or denial thereof could make or unmake many of the coalition governments.
Cases of Kayasthas (Sinha) struggling for power against the Brahmins (Jha) have also come to
light particularly at the time of Ministry-making or selecting the leader of the legislature party.
The articulation of the sentiments of the backward castes during the tenure of Chief Minister K.B.
Sahay and, more especially, since the time of the distribution of the Congress tickets for the
general election of 1967 helped mobilize the lower-middle farmer castes of the state. It was not a
mere co-incidence, therefore, that of the nine governments formed in five years between the two
elections as many as seven were led by leaders belonging to backward or Harijan castes. The fact
that most Chief Ministers since 1967 did not belong to the 'forward castes' came to operate by
1970 as an important parameter of state politics in Bihar. The Lok Sabha elections of 1971 only
sharpened the crystallization of the 'backward' sentiment and further deepened the process of
mobilization of the backward classes, especially of the Yadavs, Kurmis, and Koiris. Politics in
Bihar has, thus, come to be articulated in terms of the backward vs. the forward.
In Bihar, instead of trying to attend to the pressing problems of the people, the Janata Chief
Minister, Karpoori Thakur, chose in early 1978 to introduce a controversial measure for
reservation of government jobs for the backward castes. It was a highly emotive issue at a time of
widespread unemployment among the educated youth. There were demonstrations and counter-
demonstrations and caste riots on a mass scale. The real reason behind the reservation issue was
precisely a desire to create riots and caste conflicts so that there should be a polarisation between
the so-called backward and forward castes. In this way, Karpoori Thakur thought he could
become the leader of the backward castes and could find a solid base of support among them.
Thus, the caste riots were viewed with profound satisfaction in circles close to Thakur. They
hoped that the deeper the caste cleavage, the more permanent will be their influence among
certain castes.THE CASTE AND INDIAN POLITICS
899
Atul Kohli observes, "The political struggle has been fought with unusual intensity
because the forward castes of Bihar, and the Congress party that represented them, had
long enjoyed unchallenged supremacy..... The backward castes were eventually mobilised
politically; they combined their numerical and growing economic strength under the
umbrella of the Janata Party (Janata Dal or now RJD). They enabled them to challenge
the political hold of both the forward groups and the Congress party. The resulting
hostility between Congress and Janata has contributed directly to political violence....."
Kerala
In Kerala also caste considerations have played an important role in state
politics. As Selig Harrison remarked :
The success of the Kerala Communist Party as the first regional communist party in India
to capture control of a state government can be explained, above all, to its ability to
manipulate politically strategic
caste lobbies within linguistic boundaries.....as in Andhra. The Kerala
Communists were able to transform economic despair into a legislative majority because
their footing on regional caste grounds, notably among the numerous Ezhavas provided
the necessary margin of block _-• strength in the necessary number of constituencies. '
According to the 1971 Census, the Hindus number 59.4 per cent and the two minorities,
the Muslims and the Christians, account for 19.5 and 21.17 per cent respectively. It is
generally held that four major groups are contending for a dominant place in the political
life of the state : Nairs, Ezhavas, Christians and Muslims. Numerically Ezhavas lead with
26.4 per cent, followed by Christians with 21.17 per cent, Muslims with 19.5 per cent and
Nairs with 12.5 per
cent.
The Hindus account for 59.4 per cent of Kerala's population and caste ranking places the
Namboodiri Brahmins at the peak of the Hindu hierarchy. Numbering less than 5 per cent
of the population, the Namboodiris remain primarily a land-owning community. But
despite the number of political leaders from this caste, such as the Left Communist
E.M.S, Namboodiripad the Communists have had little political power. A far more potent
political force is the Nair community—the traditional warrior of Kerala. As a land-
owning and mercantile community today, the Nairs, numbering 17 per cent of the popula-
tion, are a pivotal force in Kerala politics. They have traditionally held the balance,
making or breaking a government by shifting sides. Economically subservient to the
Nairs are the Ezhava or Tiyyar as they are called in Malabar. With 25 per cent of the
population, however, the economically depressed Ezhava are perhaps the single most
powerful community in Kerala. In addition to the mutually antagonistic Nairs and
Ezhavas, the Chirstian community ranks as a major political power in Kerala. The
Christians account for 19.5 per cent of the population, divided among the Syrians, the
Protestants and the Roman Catholics. It is the Catholic community that numerically
dominates and holds the locus of political power, largely through the organisation of the
Church. The Muslims, with 18 per cent of the population and represented by the Muslim
League, are a major factor politically, particularly in the Malabar region of northern
Kerala where Muslims are the dominant community.
Just as the Muslims are concentrated in certain areas of Malabar, each of the other
communities dominate a particular region of Kerala. The Christians are concentrated
primarily in Ernakulam and Kottayam districts. The Nairs
--1— -- *-"u~ ^^na nf TVivnnrlrum district, and the ""' ' ■' ',- "'V:-"

900 INDIAN uuveniNivicm ™^ , ^._____

Ezhavas are particularly strong in Palghat. Each political party in Kerala must, therefore,
seriously consider the dominant community, or as the communists prefer to call it 'the
social base' in the selection of its candidates. That each party tends to choose its
candidates from the dominant community, however, does not cancel out community as a
factor. Although there are elements of each community in all parties (except for the
Muslim League), the parties in Kerala have come to be associated with particular
communities, and within each party, factionalism expresses the divisions of religion and
caste. Indeed, the politics of caste form a fundamental reality of political life in Kerala.
The Nairs and even the Namboodiri Brahmins, soon followed in the creation of caste
associations; the first of these being the Nair service society, followed by the Uthana
Kerala Nayar Samajam in Malabar and Namboodiri's Yogakshema Sabha. Caste quickly
became politicised when political parties began to form. In Malabar, the lower castes
(like the Ezhavas) opposed the Congress as being Nair dominated. After Independence,
the Congress became increasingly a party of Christian domination, just as the Praja
Socialist Party was regarded as a virtual Nair preserve. The Muslim League commands
allegiance from most Muslims in Kerala, and the Communist party has drawn its strength
primarily from the Ezhavas and untouchable communities. The district in which the
Communists have maintained their strongest hold, winning more than 40 per cent of the
vote in each election since 1957, is Palghat, the only district in Kerala with an Ezhava
majority.
In Kerala, the elaboration of caste ranking and the generally common economic position
shared by members of a caste, together with the high correlation between caste rank and
economic position, have given rise to a political situation in which the most significant
actors are castes and communities. While these communities are by no means wholly
united, there is nevertheless a tendency toward an alignment of major communities with
different parties. These socio-political constellations, reflecting a superimposi-tion of
ritual rank, social status, and economic position, represent essentially a class orientation.
This is particularly evident in the social base of the Communist parties in Kerala. The
Communists draw support from the poorer classes of each community—Nairs, Christians
and Muslims. While the majority of the depressed Ezhavas may support of the party, the
middle classes and the SNDP itself, have leaned towards Congress—especially during the
period of Sankar's leadership in the early 1960s. The 1965 election campaign, for ex-
ample, was in large part fought by the Congress and the Communists to secure the
affection of the Ezhavas. The failure of any party to secure a majority, however, only
emphasised the fact that while the politics of Kerala may be caste-bound no party can
rule with the support of one community alone.
Andhra Pradesh
Caste politics in Andhra Pradesh seems like a game of cock-fighting between the
Kammas and Reddys. The important castes in the state are the Brahmins, the Reddys, the
Kammas, the Harijans, the Velamas, the Rajus and the Kapus. Politically, the Reddys and
the Kammas are regarded as the dominant castes for they are numerically the strongest in
the village or local area and economically and politically exercise a preponderant
influence. The most important source of their power is their control over land. As the
major landholders and occupants of important positions in the villages, they control the
village political life. The two castes cultivated feelings of jealousy and rivalry as a result
of which while the Reddys joined the Congress Party, theTHE CASTE AND INDIAN
POLITICS
901
«rala must, sommunists 1 That each ly, however, Bnts of each (s in Kerala jeach party, [the
politics
i
r
ed in the ice society, amboodiri's ical parties opposed the ■ess became |alist Party commands
^has drawn (pities. The Ihold, win-is Palghat,
iy common h the high pi rise to a I and com-sd, there is hities with iperimposi-ssentially a f the
Com-the poorer he majority ses and the ,e period of ign, for ex-js to secure ja majority, ila may be
done.
ick-fighting ate are the i Raj us and led as the ige or local tience. The i the major bey control
alousy and
Kammas lent their support to the Communists. It is owing to this that Andhra Communists
struggled heavily to stage Telengana rebellion in 1948. Support of the Kammas to the local
Communist leaders in the first general elections became alarmingly noticeable and the Congress
had to take note of this fact on the eve of second general elections of 1957 when the official High
Command nominee, S.K. Patil tactfully requisitioned the support of Kamma leader N.G. Ranga
and "matched caste with caste in the choice of candidates."
In Andhra Pradesh, the landed castes and particularly the Reddy rural gentry constituted the
backnone of the Congress party. The Communist rebellion in Telengana, and later, a Communist
bid to form the Ministry soon after Andhra state was formed in 1953, frightened the dominant
castes so much that they gave extensive support to the Congress. Both the national and the state
leadership of the Congress party tried to reach the voters not directly but through local
influentials belonging to the dominant castes. This arrangement worked extremely well given the
social status and economic power of the dominant castes and the low political consciousness of
the other castes. The composition of the cabinet has reflected the same phenomenon. The Reddys,
the Velmas and the Kammas held between them 45 to 58 per cent of the seats in the state cabinet,
with the Reddys being the single largest group (28 to 38 per cent) till 1971. During the same
period the representation of the backward classes and scheduled castes in the cabinet remained
below 25 per cent.
After the 1969 Congress split an attempt was made to restructure the support base of the
Congress party. The upper middle class, landlord and peasant caste support structure of the party
was considered to be a hindrance to bringing about socio-economic changes, which the new
Congress, in a radical mood, was talking about. With P.V. Narsimha Rao as the Chief Minister,
changes started. Though a Brahmin, but not from a landed caste, Narsimha Rao initiated the
policy of giving greater representation to the backward classes and weaker sections in the
legislature and the Council of Ministers. In the 1972 Assembly elections, a large number of
tickets were given to backward classes and minorities. The 26-member Ministry formed under his
Chief Minister ship had the largest number of persons belonging to the weaker sections (4
Harijans, 6 from the backward classes, 1 Girijan, 2 from the minorities—total 13). The upper
castes had for the first time a markedly lower representation with only 4 Reddys, 2 Kammas and
3 Brahmins (total 9).
After the formation of the Janata Party, the bulk of the prosperous agriculturists drawn from
different peasant castes were attracted towards it. Its support came overwhelmingly from the
Reddy community.
If caste politics in the States of the Indian Union is examined from a comparative standpoint, it
appears that Andhra Pradesh occupies the most conspicuous place. Harrison comments : "As an
example of Hindu caste discipline in political motion, the post-war decade in Andhra merits
special attention. Caste has played so fundamental a role during this period that this examination
becomes in effect a case history in the impact of caste on India's representative institutions." 26 A
very notable feature of caste politics in Andhra Pradesh finds place in its blending with the forces
of regional politics. It has added much height to the politics of the Telengana agitation. The
people of a particular caste living predominantly in a particular region have given a caste-cum-
regional complexion to an issue in question. Obviously, this kind of relationship between a caste
and a region is widespread in Andhra Pradesh as ~ ™o,,u nf wViir-h rRPional claims "are often
only a disguise for caste claims."27902
INDIAN GOVERNMENT AND POLITICS
il
Haryana
Next to Bihar, caste exercises the single most important influence on politics in Haryana. Some of
the classes and castes have a more or less set pattern of political behaviour. In a population of a
little over about 10 million in the State of Haryana, Hindus are 89 per cent, Muslims less than 4
per cent and Sikhs 6.5 per cent. The four major caste groups among the Hindus are : Brahmins 12
per cent, Jats 23 per cent, Ahirs 8 per cent and Scheduled castes 22 per cent; others are Gujars 8
per cent, Rajputs 5 per cent, and Banias 8 per cent. Castewise, the Jats are the toughest and
constitute the single largest group with the Scheduled castes coming next. The latter are sharply
subdivided between the Chamars, the weavers and the sweepers. Of these, the Chamars are the
more numerous (18 per cent) and the more privileged in as much as they always obtained a
greater share of political spoils. Among the higher castes, the Brahmins, for reasons of traditional
caste superiority and higher level of literacy exercised a tremendous influence and occupied many
positions of power quite disproportionate to their numbers.
Besides being the most numerous caste group, the Jats are the land-owning class, they also supply
the largest number of recruits to the army. They are traditionally imbued with the ambition of
love for power and they have been basically anti-Congress, particularly because of the influence
of the Unionsit Party. But now there is a slight change in their voting behaviour. They vote not
for a political party but for a candidate and in this respect the sub-castes become more important
than caste considerations. An Ahir in the Gurgaon-Mahendragarh area, for example, would not
easily vote for any party unless its candidate happens to be an Ahir. The same holds good for
other caste groups in other parts of the State. There is a very telling local slogan heard during the
elections which says : "Jat ki beti Jat ko, Jat ka vote Jat ko." In other words, just as a Jat's
daughter should be married only to a Jat, a Jat's vote should go only to a Jat. The Ahirs and
Brahmins, by and large (exceptions apart) are pro-Congress or anti-Congress according to the
directives of Rao Birendra Singh and Pandit Bhagwat Dayal. The refugees, by and large, were
with the Jana Sangh but like the Jats, they also vote for the candidate. If the contest is between a
refugee and non-refugee candidate, they will, by and large, vote for a refugee candidate whatever
may be his party. If the contest is between the non-refugee candidates, then they prefer a Bhartiya
Janata Party candidate. The caste influence is not confined to Hindus alone. The Meo-Muslims
have their own 'gotras' and they also pefer to vote for the candidate of their own gotra unless a
Meo has to be supported against a non-Meo.
The result of the 1967 elections soon after the formation of Haryana in November 1966 gave
enough proof of this caste-based voting. This was again the main feature of the mid-term
elections to the State Assembly in 1968 in which voters did not vote for various candidates on the
basis of policies and programmes of the political parties. Even the candidates also contested elec-
tions not on the basis of election manifestoes but on the basis of caste, sub-castes, agriculturists
vs. non-agriculturists, local vs. refugees and among refugees, on the basis of the place of
migration.
Thus, Jats as a community had been a political force in Haryana. They constitute about 23 per
cent of the total population of the State and have a commanding position. As a community, the
Brahmins have tried to challenge their leadership. About Brahmins, it should be noted that their
representation in the legislature is not very large but at the same time in the elections they THE
CASTE AND INDIAN POLITICS
?03
have a substantial influence because in the first instance they are found practically in every
village and as such they can exercise some influence. This is all the more because as a community
they are more united than others and vote more or less en bloc. They also try to organise other
non-agricultural communities at the village level and in every constituency. About the Jats, it
should be noted that as a dominant community, they do not mind the leadership of other
agricultural communities coming up except that of Brahmins. One of the reasons why they are
not prepared to tolerate Brahmin leadership is that there is a basic conflict between these two
communities at the village level. In the Jat majority areas, the Brahmins try to organise the other
communities against them in the elections which neither the Jats nor other agricultural
communities would like them to do.
Caste in other States
In the case of Karnataka, the tug of war is between two dominant castes— the Lingayats and
Okkaligas—and this mutual rivalry is colouring every matter, whether it be appointment to
government posts or reservation of seats in colleges or election to local bodies and legislatures. In
Maharashtra, also there are three main castes viz., Marathas, Brahmins and Mahars (untouch-
ables), which have played an important role in the politics of the State. In Punjab, the conflict is
not between castes but between two systems of castes— the Hindus and Sikhs. The Hindu-Sikh
conflict took on the guise of a linguistic conflict.
NEO-EMERGING CASTES (OBCs)
Broadly speaking, the three 'twice born' Sawarna Castes have dominated the religious, political,
economic, social life of this country. Even today, it is very common to say that the politics of this
or that state is being controlled by the Brahmins or the Thakurs. Occasionally, Kayasthas have
also thrown up fairly influential Chief Ministers and party bosses. But it may come as a bit of a
surprise to most people to learn that the Brahmins constitute only about 5.5 per cent of the
country's population, and the Kshatriyas hardly 4 per cent.
In fact, the overall proportion of forward Hindu Castes does not exceed 17.6 per cent of the total
population of India. On the other hand, the share of Scheduled Castes (SCs) alone is 16.48 per
cent. And if you lump SCs with Schedule Tribes (STs) they outnumber the forward Hindu Castes
by 24 per cent. In between these two aggregates lies the vast cluster of the so-called 'Other
Backward (Hindu) Castes', which constitute nearly 52 per cent of our population.
Another notable feature of our caste scennario is that the South has very different caste contours
as compared to the North. In the North we have the classical Varna model of four castes. But in
the South there are only three castes groups; Brahmins, non-Brahmins and SCs and STs (There
are particularly no Kshatriyas in the South) and whereas the Brahmin domination in the services
and the cultural life of the south, especially the Tamil region, was far more pronounced than in
the North, they numbered only 3 per cent of the population. In the North, and particularly in
Bihar and Uttar Pradesh, the Kayasthas relegated the Brahmins to the second place, both in
services and in the field of education.
Thirdly, Caste antagonisms have tended to be much more fierce and violent 904
INDIAN GOVERNMENT AND POLITICS
■J:
And Fourthly, in West Bengal and the north-eastern states, the hold of caste is much weaker.
Regional and ethnic loyalties are much more important in the north-east.
It is, indeed, a fact that the caste conflicts have become much fierce after Independence, and the
Caste factor has come to play a very important role in Indian politics. But it could not be
otherwise. After all when the forward castes comprising 17.6 per cent of the country's population
corner 70-80 per cent of its positions of power and patronage, the backward castes are bound to
protest and agitate, and demand a more equitable sharing of the national cake.
The most important post-Independence development on the caste front has been the rise of the
'Other Backward Castes' (OBCs). As the label itself indicates, it is a sort of residual category.
Whereas Scheduled Caste, Scheduled Tribes and the Sawarna Hindu Castes are quite clearly
differentiated, OBCs embrace a very large spectrum of nearly 3,000- 4,000 intermediate castes.
The more advanced amongst them owe their rise to power primarily to the abolition of Zamindari
after Independence. With the conferral of ownership rights on various categories of tenants, a new
class of peasant proprietors was born. These cultivating and herding castes were generally very
hardworking and after becoming peasant proprietors, they acquired both prosperity and social
status. This naturally encouraged them to aspire for political power and patronage which was
commensurate with their numbers.
Ram Manohar Lohia was the first national level leader who realised the political potential of
OBCs and advocated the view that the surest way to dislodge the Congress from power was to
mobilise these backward castes against it. After him Devraj Urs and Karpoori Thakur, two
eminent backward class leaders, rode to power on the back of OBCs, but they could not weld
them into a stable power base.
Now that the Congress (I) has become jitery about its traditional constituencies, and the
opposition is trying to annex all the floating vote-banks, the OBCs have become the primary
object of courtship by both sides. After all, these castes constitute nearly half the population of
the country.
As OBCs are too numerous and dispersed, the first concrete steps towards their mobilisation were
taken in the form of grouping cognate or related caste by forming 'Caste associations'. Described
as 'horizontal stretch' by Prof. M. N. Srinivas, this 'fusion' process has resulted in the rise of
powerful caste conglomerates as Izhavas and Nairs in Kerala : Nadars and Vanniyars in Tamil
Nadu; Vokkaligas and Lingayats in Karnataka; Jats and Gujars in Rajasthan; and Yadavs, Ahirs,
Kurmis and Koeris in Bihar and U.P. Further, the size and the spread of a caste grouping depends
upon the level at which pressure is sought to be exerted. For instance, the Ahir Kshatriya
Mahasabha speaks for the Ahirs of U.P., whereas All-India Yadav Mahasabha operates at the
national level. AJGAR (Ahir-Jat-Gujar) in the Hindi belt and KHAM (Kshatriya-Harijan-Ahir-
Muslim) in Gujarat are the extreme instances of this process of jumboisation on sectarian lines.
The eclipse of the Congress in the 1967 elections seemed to vindicate Ram Manohar Lohia's
thesis. SVD ministries in UP, Bihar and some other States were formed with the backing of OBC
MLAs who had been elected in large numbers than ever before.
Perhaps nothing shows the complexity of caste calculus more clearly than the case of the 'Yadav
quarter; in U.P. both the Congress (I) and Janata Dal (latter Samajwadi Party) are bending upon
backwards to win over this highlyTHE CASTE AND INDIAN POLITICS
905
influential intermediate peasant caste. After the Congress (I) had appointed Balram Singh Yadava
as its P.C.C. Chief, it successfully hijacked Chandrajit Yadava and Ram Naresh Yadava to its
ranks, thus strengthening its OBC base. The Janata Dal, on the other hand, has appointed the
crafty Mulayam Singh Yadava to head the state unit to attract the Yadava.
"The most significant face of the United Front experiment is its strong caste base. Although the
Mandalisation of politics began in earnest in 1989-90 during V.P. Singh's regime, this is (1996)
the first time that the country not only has a Backward Caste Prime Minister but also most of his
ministerial Colleagues belong to either the Banckward, Dalit or minority. Even outside the
ministry, anti upper caste politics is clearly reflected in the dominance of Laloo, Mulayam,
Naidu, M. Karunanidhi and G. K. Moopanar."28
The development of backward-Dalit Bahujan politics in north India has revealed that the two
largest States of the Hindi region are witnessing the elimination of an umbrella party like the
Congress and its replacement by caste and sub caste formations and leaders. UP and Bihar are
witnessing only caste politics and caste competition around caste leaders and caste based parties.
Bihar had witnessed the emergence of a broad based coalition of the Mandal classes, the
scheduled castes and minorities by 1991 when the Janata Dal and its allies won as many as 43 of
54 seats in the Lok Sabha. Since Then Coalition has been breaking up. The first fissure was
among the Other Backward Classes in 1995 when the Kurmis who have a lead over other such
groups in access to higher education broke with Laloo Yadav. The combination of the Samata
Party and the BJP had wrested 24 seats in 1996 and 29 seats in 1998. But the bulk of the old JD
Coalition remained with the RJD of Laloo, enabling his alliance to win 23 seats.
There are two major trends at work in Bihar. One is the continuing consolidation of the large
majority of the OBCs and minorities with the RJD. The eclipse of the Congress has made it much
easier for these forces to openly align with it. But the reverse trend is equally important. For the
first time, the BJP and its ally have emerged as the largest single vote getter in the state.
Conclusions
S.N. Sadasivan claims that caste "has fractionalised national politics and caste politics breeds
caste parties." According to him, there are clear caste based differences in the leadership of all
major parties and the actual force "behind every defection, every faction, every splinter group and
every new formation of party is invariably a Caste or Combination of Castes." 29
Caste associations and caste tactics have thus, contributed significantly to the success of political
democracy by providing bases for communication, representation and leadership. They have
taught illiterate masses how to participate meanifully and effectively in politics. Neo-emerging
backward castes, whose large number give them advantage in competitive democratic politics,
have in many areas been granted influences, access and power in state and society. They can
change the tide of power in their favour and influence decisions regarding the allocation of
resources and distribution of privileges and honours.
A major example of this phenomenon is the growing caste conflict between the "backward" and
the "forward" castes. Leader in State after State have utilised "reservations" as a means to gain the
electoral support of numerically significant backward castes. Higher Castes, feeling that their
interests are906
INDIAN GOVERNMENT AND POLITICS
To summarise, the negative impact of casteism on India's political system is : (i) that it violates
the basic principles enshrined in the Constitution for promoting a new democratic polity; (ii) that
it has politicised the castes as a divisive factor; (iii) that it has vitiated the atomsphere of
elections, by projecting predemocratic ascriptive identities, promoting narrow loyalties, thus
weakening the modernisation of the polity; (iv) that by building caste associations, pressure
groups and lobbies, it seeks to retain outmoded and outdated caste cohesion in national and state
politics, which is an impediment to building up a secular society; (v) that in party politics and in
ministry formulation its role contributes to avoidable bickerings, narrow bargainings and
jockeying for power, which often leads to political instability and confusion.
REFERENCES
1. M.N. Srinivas, Caste in Modern India (Bombay, 1970), p. 41.
2. Ibid., pp. 3-5.
3. Ibid., p. 5.
4. Risley Tribes and Castes of Bengal (Calcutta, 1891), p. 47.
5. Senart, Less Castes fans C Inde (1927), p. 35.
6. Buhler, Law ofManu (1, 37, 87), pp. 14-24.
7. G.S. Ghurye, Caste and Class in India (Bombay, 1950), pp. 45-46.
8. Dubois, A Description of the People of India, 1817.
9. J.C. Nesfield, Brief View of the Caste System of the North-West Provinces and Oudh (Allahabad, 1885).
10. Chanda, Indo-Aryan Races, p. 36.
11. A.C. Paranjpe, Caste, Prejudices and the Individual (Bombay, 1970), pp. 1-2.
12. Rajni Kothari, Caste in Indian Politics (New Delhi, 1970), p. 4.
13. Ibid.
14. Robert L. Hardgrave, Jr. "Caste, Class and Politics in Kerala," Political Science Review (Jaipur), May 1964, p. 12.
15. Paranjpe, n. 11, pp. 1-2. *
16. Lone Furer, "Caste and Politics in South Asia" in C.H. Philips, ed., Politics and Society in India (London, 1963),
pp. 53-54.
17. Kothari, n. 12, p. 225.
18. Rudolph and Rudolph, The Modernity of Tradition (New Delhi 1967), pp. 24-26.
19. The Statesman, February 5, 1971, p. 1.
20. Ibid.
21. Kothari, n. 12, pp. 3-23.
22. Andre Beteille, "Elites, Status, Groups and Caste," in Modern India, ed., by Philip Manson, India and Ceylon :
Unity and Diversity (Oxford University Press, 1967), p. 223.
23. Michael Brecher, Succession in India (London, 1966), p. 230.
24. N.K. Singh, "Many Faces of Caste Politics," Economic and Political Weekly, 8 April, 1972, p. 748.
25. Sachchidanand Sinha, The Permanent Crisis in India (New Delhi, 1978), pp. 41-42.
26. Salig S. Harrison, India. The Most Dangerous Decades (Madras, 1965), p. 193.
27. Harrison, "Caste and Andhra Communists," The American Political Science Review, June 1956. p. 379.
28. India Today, June 30, 1996, p. 62.
29. Tatu Vunhanen, Politics of Ethnic Nepotism (Delhi, 1991), p. 119.
30. Atul Kohli, Democracy and Discontent, 1991, p. 18. Chapter 64
Oudh
't Review, June

LANGUAGE POLITICS IN INDIA

India is a federation of twenty-five States and seven Union Territories, with a Central
Government in New Delhi and a corresponding governmental machinery in each of the
States, the powers and responsibilities of the Centre I and the States being laid down
by the Indian Constitution. A decentralised I system of government prevails, with
policy-making and implementing powers 1 being distributed between the Union and
the State governments. At the Union ! level, the bicameral parliament is the supreme
law-making body, as are the i various state legislatures in the respective States. In
case of a clash between a Union and a State law, the Union law prevails, but this clash
has often been avoided because of the dominant role played by a single party—the
Congress— in the Union and State governments since independence.
In the case of language policy-making, the official language of the Union has been laid
down by the Constitution of India (Article 343), which has also identified, in its Eighth
Schedule, the various languages of the country to be used for purposes specified in
Article 345 of the Constitution. Further, the Constitution has put all authority in the hands
of the Central Government, both for formulating and implementing the language policy.
For example, it is the responsibility of the Centre to safeguard the cultural interests of the
minorities and to see that they have adequate facilities for receiving at least primary
education through their mother tongue (Article 350A). It is also the special responsibility
of the Centre to develop and spread the official language (Hindi) of the Union (Article
351). The State governments, however, are left free to adopt either a regional language or
the official language of the Union for the official purposes of the State (Article 345).
According to the Indian Constitution, education for long has been (now it is a concurrent
subject) a State subject (Article 246). From the strictly legal point of view the
Government of India has had no authority to make any policy decisions in the field of
primary and secondary education. Policy statements made by the Centre, therefore, like
the National Policy on Education (1968) have served only as guidelines for the States.
With regard to the tertiary level of education, however, the Centre is required to
coordinate and maintain standards in higher education. With the adoption of the
technique of Five Year Plans and the creation of the Planning Commission, there has
been a trend towards centralisation in educational policy-making. The Planning
Commission k lays down broad policies with the help of various Central and State
authorities. Proposals regarding educational planning are submitted to it at the State vlevel
I by the education departments and Universities at the national level by the "" n --~*-
~™ cnrl ihp. University Grants Commission. Responsibility-for implementation lies in the
case of the States with the education authorities of each State and in case of the Centre with the
Ministry of Education.
The Chief Ministers of the various states are also important participants in national policy-making
through the Conference of all the Chief Ministers. In the particular field of policy making
concerned with the official language, the role of the Chief Minister's Conference held in August
1961 accepted the Government's proposal for the continued use of English as the associate
official language, and endorsed the three language formula for adoption at the secondary stage of
education for the teaching language subjects.1
There is very little scope for policy formulation at the local level in India. In the sphere of
education, there are some institutions, mostly primary and secondary schools which are managed
by District or Municipal Boards of Education. However, since most of these receive grants from
the State government, they have very little say in policy matters. Nevertheless, they take into
account local conditions in deciding the languages to be taught and the medium of instruction.
Regarding the official language in use at the local level, the Union Government memorandum of
1956 lays down that districts having 70 per cent or more of its population speaking a language
other than the official state language should have the status of unilingual areas with that language
superseding the official state language.2
OFFICIAL LANGUAGE OF INDIA
The unbroken history of a single language being used as the official language of the country is
absent in India where the language of the rulers is known to determine the language of the
government—Persian during Muslim dominance and English during British rule. Political
independence in 1947 brought with it demands for cultural and emotional independence. The
adoption of an Indian language for official purposes of the Union constituted a major demand in
this direction.
The importance attached to the question of the official language of India is evidenced in the
lengthy and detailed provisions made by the Indian Constitution. The Constitution distinguishes
between the 22 'languages of India' and the 'official language' for all-India official purposes.
Article 343 lays down Hindi, in the Devanagari script, as the official language of the Union.
Clause 2 of the same Article stating that English "shall continue to be used" for such purposes as
might be specified by law upto 1965. Article 346 provides for the use of the official language for
official communication between a State and the Union or between one State and another. Article
345 leaves the choice of the state official language to the State governments. The language
provisions of the Constitution were the product of a heated debate and dissatisfaction and
controversy over it still continues. The non-Hindi regions, in general, regard Hindi only as the
first among equals and resent its being chosen the official language of the Union.
:
LANGUAGE ASSOCIATIONS AS PRESSURE GROUPS
Pressure groups as stated earlier exert considerable influence over policy formulation and
implementation in India. In the sphere of official language policy, the various literary societies set
up in the 19th and early 20th century for the promotion of Indian languages soon organised
themselves into associations exerting considerable influence over the choice of the official
language policy. Language groups in themselves are essentially social groups. What is
significant, however, is the political mobilization of these groups for specific LANGUAGE POLITICS IN
INDIA
____________________________LANGUAGE POLITICS IN INUIM___________________
social and political objectives, and it is here that the various, language associations came to play a major
role. Through various political parties the language associations influenced the policy-making process. It is
largely due to their activities that the formulation of the official language policy has generated widespread
controversy and dissatisfaction over its implementation continues
till today.
The major associations that worked for the development of Hindi were the Nagari Pracharani Sabha,
established in Banaras in 1893, and the Hindi Sahitya Sammelan, set up in Allahabad in 1910. Both these
associations were aimed at developing and promoting Hindi in the Devanagari script, and both, in their zeal
to preserve the 'purity' of Hindi turned to Sanskrit as the main source for developing and enriching Hindi.
This was primarily because the leadership of the Sammelan was in the hands of literary leaders like P.D.
Tandon, Govind Das and Madan Mohan Malviya. Their zeal to Sanskritize Hindi came in the way of
developing the language so that it may be understood throughout the country and won the displeasure and
opposition of the non-Hindi areas, which perceived a highly Sanskritized Hindi as promoting the political
interests of the Hindi speakers.
Groups outside the Hindi region reviewed the Sanskritization of Hindi as a threat to their political status,
and hence various associations in the other Indian languages were set up to counter this movement. The
principal opponent of Hindi in North India was Urdu, and the Aligarh movement started by Sir Syed
Ahmed Khan was an attempt to redress the balance and promote the political and cultural interests of the
Muslims. In pre-partitioned India the major contenders for the role of official language were Hindi and
Urdu.
During the national movement, there was a general consensus among leaders (both from Hindi and non-
Hindi areas) on the question of making Hindi the official language.3 However, when the question came up
before the Constituent Assembly, the Hindi leadership had to face opposition on two fronts. On the one
hand were supporters of Hindustani under the leadership of Jawaharlal Nehru and Maulana Azad who
believed like Gandhi that a Sanskritized Hindi could not be popular on a national scale. On the other hand,
there was a demand, chiefly from South India for the retention of English. Within the Assembly the
traditional Hindi leadership enjoyed a strong xjosition and outside the Assembly the Hindi Sahitya
Sammelan organised demonstrations and campaigns to influence the Assembly's decision on the official
language question. When a vote was taken on the issue at a meeting of the Congress Party members of the
Aseembly, the Hindi bloc won by a narrow margin of 78 against 77 votes cast for Hindustani. It was out of
these controversies that Article 343 of the Constitution finally emerged, making Hindi in the Devanagari
script the official language of India.
THE MULTI-PARTY SYSTEM AND THE HINDI-ENGLISH CONTROVERSY In the multi-party
political system of India the various political parties have served largely as pressure groups influencing the
post-independence modifications in the official language policy. For nearly three decades after
independence the Congress remained dominate both at the Centre and in a majority of the States, without
facing a single, strong opposition. Interestingly though, the party itself has been known for its eclectic
tradition and has been composed of desperate political ideologies, groups and purposes. Consequently, the
Congress Party as a whole did not have a language policy acceptable to all J "■>«=+. of the solutions
offered were in the nature of a com-910
INDIAN GOVERNMENT AND POLITICS
promise. Pressures for amending the official language policy, therefore, came as much from
within the ruling party as from outside.
The two main issues now were the relative positions of Hindi and English in the official sphere,
and the implementation of the 1965 deadline for replacing English by Hindi as the official
language of India. As the fifteen-year time limit for switching over to Hindi began to come to an
end, it was feared, chiefly in the non-Hindi areas, that the removal of English as an associate
official language would not only be difficult but disastrous. Apart from technical considerations,
the main political objection to Hindi as the official language is that it places the non-Hindi areas
(particularly South India, which belongs to a different language family) at a disadvantage in
relation to the rest, English, on the other hand, being a foreign language is believed to place an
equal linguistic burden on both the Hindi and non-Hindi regions.
The Official Language Commission had, in 1956, endorsed the constitutional provision5 thereby
aggravating the non-Hindi opposition which perceived the implementation of the official
language provisions as a threat to the political status of the non-Hindi regions, as restriction over
their participation in national politics, and as disturbing the balance of power between regions.
As a result of the political significance attached to the official language question, a Special
Committee of Parliament appointed to review the Commission's report, cautioned against a
too hurried switch-over to Hindi. Within the Congress Party, opinion was divided. Nehru, G.B.
Pant and other leaders favoured a go-slow policy, and at the Pragjyotishpur session of the
Congress in 1958, Nehru pleaded for a consensus of the opinion on the language question and
criticized the imposition of majority decisions on a minority. He repeatedly assured the non-Hindi
areas that English would remain an associate official language as long as the non-Hindi regions
wanted it. At the same time, advocates of Hindi like Govind Das and P.D.- Tandon insisted on a
rigid implementation of the fifteen year deadline and showed their impatience at the delay in
making Hindi the official language. Their intolerance and failure to come to a compromise only
served to unite the various groups from the non-Hindi areas. The latter, if previously demanding
an equal role for their respective languages, now united in their support of English and opposition
to the move to treat the 1965 deadline as a rigid one. The result of the agitation was the
Presidential Order of April 1960 which indefinitely extended the time-limit for a final switch-
over, followed by legislation in 1963 to establish the 'associate language' status for English.
The passing of the Official Language Act, 1963 should be examined against the background of
the changed composition of the Congress Parliamentary Party following the 1962 general
elections. India's third general elections weakened the Hindi group within the party. While
representation from the non-Hindi States of Gujarat, Maharashtra, West Bengal, Orissa and
Madras increased from 100 to 124, that from the Hindi States dropped from 186 to 150.
Moreover, within the Hindi States the Congress suffered significant losses, so that as pointed out
by Weiner, the Hindi region was "threatened with the possibility of five years of uncertain
government."6 Significantly, opposition within the Hindi areas was comprised largely of Hindi
communalist political parties like the Jana Sangh and the Samyukta Socialist Party, which
identified Hindi with Hindi political interests. This adversely affected Hindi's chances of being
accepted as the official language of India. The changed political atmos- Dhere. with a wp«V<=>nori
PTII-.^K m.«-.— ;— AT-- T * "LANGUAGE POLITICS IN INDIA
911
tion and passing of the Bill providing for the continued use of English for official purposes after
1965. Section 3 of the Official Language Act, 1963 provides that English may be used for official
purposes after 1965.
Though the 1963 Act legalized the go-slow policy of a section of the Congress, it appeared
neither the pro nor the anti-Hindi groups. If champions of the non-Hindi cause such as Frank
Anthony and S.K. Chatterjee objected to section 3 of the Act which provided that English 'may'
be used, and not that English 'shall' be used; advocates of Hindi argued that the introduction of
Hindi had been needlessly slowed down. The latter insisted that a time limit ought to have been
laid down for a change-over to Hindi. Supporters of English felt that English should have been
designated an associate official language for an indefinite period.
Dissatisfaction with the Official Language Act from both the Hindi and the non-Hindi groups,
and the resulting agitations, necessitated an amendment. The question of amendment came up
after the 1967 general elections which brought significant changes in the composition of the Lok
Sabha. As in 1962, the results of the 1967 elections considerably influenced subsequent language
policies in India. In the first place, the Hindi group within the Congress Parliamentary Party
registered further losses. Out of a total of 211 seats in the Hindi areas, the Congress won only 120
seats in 1967.8 The rest of the seats went mostly to the Jana Sangh and the Samyukta Socialist
Party. Secondly, and more important, the unchallenged dominance so far enjoyed by the Con-
gress was curtailed. As compared to 1962, the Congress strength declined by 3.7 per cent and 4.3
per cent in the Lok Sabha and State Assemblies respectively.9 Though the Congress returned to
power at the Centre, it lost control over more than half the States. In particular, the victory of the
Dravida Munnetra Kazagham (DMK) in Madras (now Tamil Nadu) was significant. The DMK
has already favoured an anti-Hindi policy and advocated the use of English for official purposes.
In the field of language planning, an interesting outcome of the 1967 elections was the
overwhelming importance gained by the non-Hindi section among the Congress Chief Ministers.
The relatively poor performance of the Congress in the Hindi States in 1967 increased the number
of non-Hindi Congress Chief Ministers. This in turn strengthened the support for English as the
associate official language because though in formal terms the question of the official language is
to be handled by the Union Government, in recent years the State governments have been playing
an important role through the Chief Ministers Conference. Here the non-Hindi leaders could
effectively influence policy debates because the number of Chief Ministers from the Hindi States
could never out number their counterparts from the non-Hindi States. English thus got a boost
from the non-Hindi Chief Ministers.
To sum up, the 1967 elections strengthened the non-Hindi groups both in the State Assemblies
and in the Lok Sabha, and altered the composition of the Congress. A ruling party, depending on
a slender majority can hardly afford to ignore the demands of its constituents. Moreover, the
weakened position of the Congress made it dependent on the political support of other parties in
Parliament. Thus, a favourable climate was created for evolving a compromise solution on the
language question. It was under these changed circumstances that the draft bill providing for the
continued use of English on a compulsory basis for official purposes came up before Parliament.
Without much opposition912
INDIAN GOVERNMENT AND POLITICS
'shall' be continued as an associate official language as long as the non-Hindi States wanted it.
The amended Act of 1967 established a two-language policy for official transactions. It provides
that English shall be used for purposes of communication between the Union and a State which
has not adopted Hindi as its official language. Further, where Hindi is used for purposes of
communication between one State and another which has not adopted Hindi as its official
language, such communication in Hindi shall be accompanied by a translation of the same in
English. The compromise formula evolved by the 1967 Act has for the present settled an
otherwise bitter controversy.
LINGUISTIC REORGANISATION OF INDIA
The ever-increasing number of States in India is the result of social and political pressures from
the various regions for reorganizing the country into administrative areas that correspond with the
main language divisions of the country. As such, the Indian States of today were not pre-existing
autonomous units brought together after 1947. Before independence, most of the official
boundaries had been determined by the circumstances of conquest and expansion. A demand for
redrawing the State boundaries on a linguistic basis, made before independence, was reiterated in
the Constituent Assembly. The Dar Commission, appointed by the Constituent Assembly in 1948
to examine the formation of linguistic states recommended against their creation for fear that it
would lead to disintegration of the country and harm national unit. The proponents of linguistic
patriotism, however, continued their agitation and the JPV Committee (composed of Jawaharlal
Nehru, Pattabhi Sitaramayya and Vallabh Bhai Patel), appointed by the Congress in late 1948
realized that the strong demand for linguistic States concentrated all government attention on that
issue and delay in resolving the issue would eventually harm the unity of India. In particular, they
argued for a separate Telugu speaking Andhra. After considerable agitation and violence in 1952,
a new State of Andhra Pradesh was finally created in October 1953, for the Telugu speaking
people of north Madras.
The creation of Andhra Pradesh paved the way for demands and agitation from other areas and
following the report in 1956 of the State Reorganization Commission, major State boundaries
were redrawn in response to various linguistic pressures. The Indian Union was reorganised into
14 States each of which had a clearly dominant language except Greater Bombay, which
remained a bilingual State.
The non-acceptance of the demand of splitting Bombay into Gujarat and Maharashtra led to riots
in Bombay in January 1956. CD. Deshmukh resigned from the Central cabinet on this issue. As a
rsult of the States Reorganisation Act, two language front organizations came into being—the
Samyukta Maharashtra Samiti and the Maha Gujarat Janata Parishad. In 1960 the bilingual State
of Bombay was also split into Gujarat and Maharashtra.
The demand for a Punjabi Suba was not conceded at all in spite of the threats that Master Tara
Singh held out. It was only after Sant Fateh Singh gave out a date for self-immolation that Shastri
and Kamraj ultimately agreed to divide Punjab into two : the Punjabi speaking State of Punjab
and the Hindi speaking State of Haryana. This was done in 1966. Further, division of the country
proceeded till the number of States in India rose to twenty-five. Dominant social groups in each
area used language as the criteria for redrawing state boundaries, thereby rising to the position of
the majority group in theGujarat and ukh resigned ■organisation e Samyukta In 1960 the ■ashtra.
a spite of the t Fateh Singh mately agreed and the Hindi livision of the ■a twenty-five. , fcv
rprlrawine
LWNUUHUL. i v>i_i. .■___......
State. By virtue of being the majority group they hoped to have a major share of political power and
economic advancement.
Though formed on a linguistic basis, all States inevitably have a varying proportion of linguistic minority
groups, with the result that whereas before Independence India had one minority problem—that of the
Muslims—today there are minority problems in all the States of the Union. On the other hand, refusal to
acede to the demands for linguistic States would have concentrated all political attention on this one issue,
with the result that more important questions might have been neglected. In India today language has
become the accepted basis for establishing State boundaries and determining their official language.
ROLE OF THE REGIONAL OR NATIONAL LANGUAGES IN ADMINISTRATION For a
decentralised, democratic form of government to be successful, it is necessary that the various regional
languages are developed and used in state and local administration. Responsible participation by the people
in regional and local administration is possible through the regional language. A sense of alienation and at
times frustration may result when the political machinery functions in a language alien to a majority of the
people. The importance of indigenous language both in administration and education at the regional level
was recognised early by Gandhi who, together with his support of Hindustani as the national language,
argued for the simultaneous use of the regional languages of India at the provincial level. The
reorganisation of States on a linguistic basis in 1956 greatly facilitated the implementation of the regional
language policy at the State level. When the Constitution in 1950 left the choice of the State official
language to the State governments, the majority of States were bilingual or multilingual and hence the
choice of a single official language was difficult. The 1956 redrawing of State boundaries removed this
practical difficulty and the movement for adopting the dominant regional language for official purposes
gathered momentum. However, in spite of the reorganisation of States, some States like Assam remained
predominantly bilingual. To protect the interests of the relatively large minority groups in such States the
State Reorganisation Commission recommended that only States in which the speakers of one language
formed 'about 70% or more' of the total population should be considered and treated as unilingual States. 10
; Today all the States in India, with the exception of Nagaland, have chosen
; the dominant regional language for the official purposes of the State.
i Language Policy in Education in India
Education in India has been a State subject (Now it is concurrent subject), with the Centre having only
advisory powers. Though individuals and private associations are allowed to set up and run educational
institutions and to seek financial aid from the government, actual policy making rests in the hands of the
State government. This authority is shared, in the case of secondary education, with the universities and
boards of education, and in the case of primary education with local bodies. The role of the Union Ministry
of Education is to plan, guide and co-ordinate State education policies. It can advise, but cannot command.
This is significant as far as the teaching of Hindi is concerned, because though it is the duty of the Central
Government to develop and promote that language, it does not have the legal power to make the study of
Hindi „ :„ ™v,rvnis throughout the country. Consequently, considerable
INDIAN GOVERNMENT AND POLITICS
914 INDIAN GOVtMNiviciN i m, u , ^,_____
variations are found from State to State regarding the languages included in
the school curriculum.
The principles which determine the choice of the medium of instruction in schools ought to be
psycho-social, since it is realized that quick and effective learning is ensured if it is imparted
through the medium of the mother tongue. Successive Committees and Commissions in India
have recommended the mother tongue as best suited for imparting education at all States.
However, practical difficulties such as the vast number of languages and the varying stages of
their development make the application of this principle difficult. In view of the practical
difficulties involved, the Government of India, Ministry of Education Resolution of 3 August,
1948 advocated the mother tongue principle at the primary stage only. 11 The Resolution was
endorsed by the CABE meeting in 1949. These principles were reaffirmed by the Conference of
Education Ministers in August 1949, by the All India Languages Development Conference in
1953 and by the Congress Working Committee Directive of 4 April, 1954, which in particular,
recommended the use of tribal languages as the media of instruction of tribal areas. In 1960, the
government issued a memorandum establishing an all-India code, which as accepted by the
Conference of Chief Ministers in 1961 reaffirmed "the right of linguistic minorities to have
education in their mother tongue at the primary stage." At the secondary stage, in view of the
practical difficulties of implementing the mother tongue policy, the CABE meeting of 1949
expected that all pupils would study in the regional language. This position was supported by the
Secondary Education Commission appointed in 1953 and the Conference of State Chief Ministers
in 1961. Thus, at the secondary level of education in India the accepted medium of instruction is
the regional language, though there are some English medium schools also, and schools providing
instruction in an Indian language other than the regional one. At the University stage there is an
on-going controversy regarding the question of replacing English by the various Indian languages
as media of instruction. Though national considerations of unity, mobility of staff and students
and the exchange of ideas demand the use of a single language, English or Hindi, as the medium
of higher education, Universities in India are vulnerable to local political pressures for the use of
the regional languages. Advocates of the regional languages received considerable support from
the report of the Education Commission, 1966, which advocated a 'move energetically in the
direction of adopting the regional languages as media of education at the University stages'. 13 The
use of the regional languages as the media of University education within a specified period was
also endorsed by the then Union Minister of Education Dr. Triguna Sen, thereby creating fresh
controversy.
Apart from the practical difficulties, like the availability of competent teachers and textbooks, it
is feared by some people that the policy of using regional languages as medium of instruction at
the tertiary level would lead to a compartmentalization of the country. The educated class of each
region would be able to function only within its limited area. The country as a whole would be
deprived of the talents of each region and representation of the various States at the national level
may be adversely affected. Such a situation may be effectively avoided if there were available a
link language for communication between regions. However, falling standards in English and the
reluctance of "■ J; Q4-0+Otl tn iearn Hindi limit the chances of these two languagess included in
instruction in
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LANGUAGE POLITICS IN INDIA
915
Three Language Formula
The growing importance and demand for the regional languages, the necessity to spread Hindi,
the official language, and the position of English as an international language of knowledge and
communication, make it necessary that the Indian students have a knowledge of at least these
three languages, apart from their mother tongue, if the latter is different. Hence, at the secondary
level of education the government has accepted what has been popularly termed the Three
Language Formula. Variously stated and variously interpreted, the formula in its simple form
includes the study of the mother tongue or regional language, Hindi and English.
Originating at the twenty-third meeting of the CABE in 1956, the formula was modified and
accepted by the Chief Ministers' Conference in 1961.u The main considerations behind the
formula were more political and social than educational since it sought to equalise the linguistic
'burden' throughout the country. While the non-Hindi regions had to study Hindi the official
language, students in the Hindi areas who learnt Hindi as their mother tongue, had to study
another modern Indian language. Considerations such as the educational desirability or otherwise
of learning three languages, motivation for studying an extra language, and the ability of the
average and below average students to successfully learn three languages, were more or less
overlooked. As a result, the formula has been neither successful nor uniformly adopted. While
Hindi areas lack sufficient motivation to study another Indian language, non-Hindi areas are
reluctant to study Hindi, because, in the first place they are not completely reconciled to the idea
of according Hindi the status of the official language; and in the second there is fear that if Hindi
became a second language, English would be studied as a third language, thereby putting them
(the non-Hindi speakers) at a disadvantage as compared to the Hindi areas studying English as
their second language.
As in the case of all other aspects of educational policy, implementation of the three-language
formula has been left to the individual States. The reluctance of the non-Hindi States to faithfully
implement the fromula is best illustrated by the case in Tamil Nadu where policy has fluctuated
over the years. Prior to 1956 the study of Hindi in secondary schools was purely optional, schools
being given the choice of opening Hindi classes.15 Between 1959 and 1965, when the Congress
was in power in Madras and preparations were underway for a switch-over to Hindi as the official
language of the Union by 1965, a relatively serious attempt was made to introduce the study of
Hindi in secondary schools. According to the new formula, the alternative to Hindi must be a
language "other than the Indian language offered as the first language" i.e., a language other than
either the regional language or the mother tongue as the case may be. If the policy did not achieve
the desired result, it was because of a major concession it made to local pressure by stating that
the "Part II language paper (Hindi or any other Indian language) will not be considered for
admission to college."16 There was, therefore, not much difference in the earlier policy which did
not provide for the study of Hindi, and the new policy which included a study of Hindi but did
not take the result into consideration. Consequently, no serious study of Hindi was undertaken.
Moreover, students could select Sanskrit or any other Indian language for Paper II, and thus
completely bypass Hindi. Subsequently, a decision was governmpnt +r» A~------
to the principle of propagating Hindi, the victory of the DMK at the 1967 elections sounded the
death-knell of Hindi in Madras, since the DMK had from the start been committed to the policy
of ousting Hindi from the State.
In the Hindi States too there was not much enthusiasm to implement the formula seriously. The
four Hindi States of Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan have been found to
avoid the study of a modern Indian language.18
According to the formula, the third language for Hindi speakers is any modern Indian language
other than the mother tongue or the regional language offered as the first language. However, the
majority of Biharis for instance, who return Maithili as their mother tongue, would conveniently
opt for Hindi as the third language. In actual practice therefore, very few Biharis would be
studying a modern Indian language other than Hindi as the third language. Similar instances have
been reported from the other Hindi States.19 The Hindi States, therefore, have failed to include the
study of a modern Indian language in their secondary education. The students of these States can
conseqquently manage with only two scripts. Devanagari for Hindi and Roman for English,
whereas a Bengali or Tamil student, if he has to study Hindi will have to master three scripts.
As a result of the difficulties and irregularities in implementing the three-language formula, the
Education Commission in its report recommended a modified version of the formula as
follows :20 (1) The mother tongue or the regional language; (2) The official language of the Union
or the associate official language so long as it exists; and (3) A modern Indian or foreign
language not covered under (1) and (2) and other than that used as the medium of instruction.
On the basis of its recommendations, the Commission claims that in the Hindi areas English
would be introduced as a second language from Class V and a modern Indian language as the
third language from Class VIII. In the non-Hindi areas, the pattern of language study could be
either (a) English as the second language from Class V and Hindi as the third language from
Class VIII, or (b) Hindi as the second language from Class V and English as the third language
from Class VIII.
However, what is not clear is the fact that since the official and the associate officials language
are put in the same group (group 2), and there is a choice between them, how will it ensure that
both languages are studied either as second or third languages, as the case may be? A Tamil-
speaking student, for instance, after selecting English, the associate official language, from group
2, may choose Telugu or Malayalam a modern Indian language in group 3, thus successfully
leaving out the study of Hindi, if he chose to. He would still be following the formula in form, if
not in spirit. These loopholes illustrate that the new formula is also not entirely foolproof.
Nevertheless, the National Policy on Education advises the State Governments to "adopt and
vigorously implement the three-language formula."22
INTERACTION BETWEEN LANGUAGE AND STATE POLITICS
The creation of linguistic States has reinforced regionalism and has stirred demands for increased
state autonomy expressed most stridently by the Communist Party of India (Marxist) in West
Bengal and by the DMK in Tamil Nadu, evoking its earlier call for secession and the creation of
an independent Dravidian State. Almost every State has spawned a militant nativist movement
directed against outsiders. The fundamental issue has hppn omnWr™™^ f~~LANGUAGE POLITICS
IN INDIA
917
local people, and many state governments, either officially or unofficially, have supported the
protection of jobs for the "sons of the soil". New organisations and pressure groups dedicated to
the linguistic cause sprang up all over India. Demonstrations and agitations were organised in
various States of the country as a protest against the imposition of Hindi. It is often suggested that
the South Indians don't want the imposition of Hindi and that they think of the progress of Hindi
as Hindi imperialism. The lignuistic reorganisation of Indian States, despite its being the best
arrangement under the obtainable circumstances, is fraught with great dangers. It necessarily
entails a radical recasting of the units of our federal system and produces a situation "as if bones
are broken for the simple fun of resetting them again."23 When the situation in this regard
deteriorated in various parts of the country, Nehru had to say in a speech at Cokak : "Remember
we are parts of one body. If a single finger is hurt, the pain affects the whole body. India is the
body and States are its limbs."24 States reorganisation provided the framework for expanded
participation. It made the people more accessible to political mobilization and, at the same time,
provided them with increased institutional access for the articulation of demands but demands
that have often reflected parochialism of region and language.
The reorganisation of states on the basis of language made the people conscious of the
importance of their own language and they began to feel that the study and promotion of their
own language or English was likely to get them better fruits than Hindi. Instead of developing a
nationalistic outlook they became chauvinistic. So when the recommendations of the Official
Language Commission were made public, they evoked a mixed reaction. While the Hindi
speaking States welcomed them the non-Hindi speaking States expressed considerable
opposition.25 On 3rd January, 1958, the Madras government requested the Centre that a statutory
provision should be made for the use of both Hindi and English for a prolonged period. On 26th
March, 1958, the West Bengal Assembly resolved unanimously that the State of West Bengal
would not accept Hindi as the official language and that English would be retained. The Akali
Dal in Punjab refused to adopt Hindi and launched an agitation in favour of a unilingual Punjabi
speaking State.
With the formation of the linguistic States, there has been a tremendous upsurge of regional
languages and cultures. The regional languages have become increasingly dominant and the
politics of cultural dominance seems to be at play in many States. In a multi-lingual and poly-
cultural city like Hyderabad, the Government's zeal to promote the language and culture of
Telugu strikes an ominous note. The same is true about Punjab Government's drive to make the
study of Punjabi language and culture almost compulsory in Punjab. In Tamil Nadu, any
politician, who holds the slightest hope of success in the elections, takes a strong stand against
Hindi imposition. The Muslims of Uttar Pradesh and Bihar demand that Urdu be given the status
of second official language in their States.
The recommendations of the Official Language Commission led to more serious developments in
Assam whose legislature passed the Official Language Bill, which received the assent of the
Governor on 17th December, 1960. This Bill discarded both Hindi and English and declared that
Assamese would be the offical language of the State. The Sangram Parishad, an organisation of
the Bengalis living in Assam supported by the opposition parties, launched a civil disobedience
campaign on 19th May, 1961 in support of the recognition of918
INDIAN GOVERNMENT AND POLITICS
the police opened fire, killing and wounding 55 persons took place at Silchar, the main town of
Cachar district of Assam and inhabited by the Bengalis. This aroused intense indignation
throughout Cachar and West Bengal and there was a hartal and general strike. An organization of
the non-Bengali population of Cachar, known as the Shanti Parished, launched a counter-
campaign to oppose the Sangram Parishad's demand. A number of clashes occurred between sup-
porters of the two movements and several houses were set on fire. Later on the Assembly passed
another Bill on 7th October, 1961 amending the Official Language Bill of December 1960
suitably.
The Government's language policy aroused strong opposition from both the supporters and the
opponents of Hindi. The anti-English riots and demonstrations began in northern States—U.P.,
Bihar, M.P. and Rajasthan and the mobs, mostly students, indulged in acts of lawlessness and
violence involving destruction of government property. To counter this on 18th December, 1967
anti-Hindi demonstrations by students began in Madras State and soon spread to Andhra Pradesh
and Mysore.
Under the stress of emotions and ignorance millions of children went to Hindi-medium or
regional language medium schools and colleges, but the State governments did very little to feed
them with adequate material in those languages with the result that the standards of education
deteriorated immensely. Language continued to be a live issue in bi-lingual or multi-lingual
States such as Assam and violent demonstrations and disorders occurred from time to time.
Linguistic minorities in certain States and regions became the object of physical assault and
violence and the majority community formed the concept that only the "sons of the soil" i.e.,
persons speaking the local language, should be employed in public and private services. For
instance, the Shiv Sena in Maharashtra harassed the Keralites and Karnatakians, because the
language of the Keralites was Malayalam and of the Karnatakians, Kannada. The Bengalees and
Rajasthanis became 'outsiders' in Assam and Orissa. The linguistic minorities in several other
States also suffered similar hardships.26
Recommendations of the Commission on Centre-State Relations
The Commission on Centre-State relations (The Sarkaria Commission) has also examined the
issue of language and recommended :
1. The work of the Government, both Union and States, which involves or affects the local
people must be carried on in the local language.
2. Effective steps should be taken to implement the 'three language formula' in its true spirit
uniformly in all States in the interests of unity and integrity of the country.
3. The code of conduct evolved to safeguard the interests of linguistic minority must be strictly
implemented. It is a matter of concern that the post of the Commissioner for Linguistic
Minorities has been allowed to remain vacant for a long time. The situation needs to be
rectified.27
It has been argued by scholars like Selig Harrison that the language parochialism would lead
either to the Balkanization of India or towards the destruction of democracy. Nothing of this kind
has in fact happened. Instead of weakening national unity, linguistic reorganization of India
seems to have consolidated it. It can be pointed out that the demand for secession has practically
withered away after the linguistic reorganization of India. Thus, theLANGUAGE POLITICS IN INDIA
919
Akali Dal does not any longer talk of secession, nor does the DMK after they captured power in
the State.
Language still affects the relations of the Union and the States. The formation of linguistic States
has brought about a strong emotional attachment of the people to the States and has become the
real federal force.28 Later developments have revealed that the effect of reorganisation of States
on linguistic lines has given a more intensely regional character to politics and made the States a
much more important lever of power.
REFERENCES
1. See the memorandum agreed to by the Chief Minister of India meeting on 11-12 August, 1961 at New Delhi, in Vital Speeches
and Documents of the Day, 1, No. 20, 1st September, 1961, pp. 545-46.
2. G.S. Ghurye, Social Tensions in India (Bombay, 1968), p. 471.
3. J. Das Gupta, Language Conflict and National Development (Bombay, 1970), p. 38.
4. For details of the debates in the Constituent Assembly see Constituent Assembly Debates, Vol. 1, No. 8, No. 3; Vol. 8, Nos. 32, 33
& 34 (1946-50).
5. Report of the Official Language Commission, 1956 (New Delhi, 1956).
6. Myron Weiner, "India : Third General Elections," in Aston Survey, May 1962, p. 5.
7. The Official Language Act, 1963 (New Delhi, 1963).
8. Report of the Fourth General Elections in India 1967, Vol. 2, Part I.
9. Ibid.
10. Report of the States Reorganisation Commission, 1955 (New Delhi, 1955), p. 212.
11. The Government of India, Ministry of Education Resolution (3rd August, 1948), p. 100.
12. CABE, "Report of the CABE, 15th Meeting, January 1949," in Silver Jubilee Souvenir (New Delhi, Government of India, 1960),
p. 214.
13. Report of the. Education Commission (New Delhi, 1966).
14. Three Language Formula suggested by the Chief Ministers' Conference, 1961. Statement issued by the meeting of Chief
Ministers of States and Central Ministers held on 10, 11 and 12 August, 1961, para 9.
15. Statement by C. Subramaniam, Education Minister of the Kamaraj Ministry, reported in Times of India, 9 July, 1954.
16. The Times of India, 1st April, 1963.
17. Statement made by the Madras Education Minister. M. Bhaktavatsalam, reported in Ibid., 23rd February, 1963.
18. Report of the Commissioner for Linguistic Minorities, Seventh Report, 1965.
19. Ibid., pp. 36, 1975-76, 179.
20. Report of the Education Commission; Education and National Development (New Delhi, 1966), p. 192.
21. Ibid., p. 194.
22. Ministry of Education, National Policy on Education (New Delhi, 1961), p. 3.
23. Morris Jones, The Government and Politics of India (London, 1967), p. 98.
24. M. Brecher, Nehru—A Political Biography (London, 1959), p. 489.
25. Myron Weiner, The Politics of Scarcity (Chicago, 1962), pp. 67-72.
26. Rajni Kothari, Politics in India (New Delhi, 1970), pp. 333-34.
27. The Commission on Centre-State Relations Report, Part I (Govt. of India, 1988), pp. 525-29.
28. K. Santhanam, Union-State Relations in India (Bombay, 1963), p. 68. Chapter 65
REGIONALISM
IN INDIAN POLITICS
In India regionalism is a heavy weight on the political system. Even prior to independence,
regionalism was used as a tool by the imperialist to promote their policy of keeping India divided.
Regionalism was deliberately encouraged by many with the result that the people of each region
thought more in terms of their region rather than of India as a whole. After independence efforts
were made to make the people realise that they belonged to India as a whole. It was with this end
in view that in India instead of double citizenship, only single citizenship was adopted. A
provision was made for a unified judiciary. All India Services and a strong Central Government,
was envisaged though India was made a federal polity. In addition in the Constitution every step
was taken to ensure that the feelings of regionalism were cut down from the very roots. But with
the passage of time, it has become very clear that regional feelings very much thrive in India.
State and local leaders, in order to maintain or rather strengthen their leadership, very much
exploit regional feelings. They talk of regional imbalances and regional backwardness and try to
exploit the feelings of the people of the particular region. Not only this, but within the region
itself, the feelings of sub-regionalism have become a force in Indian politics. In the formation of
state ministries, in giving representation to people in local bodies, in high appointments and even
in many cases in lower local bodies, each sub-region, in a region tries to see that it is properly
represented. Sub-regions clamour that within available resources whereas one area is being
developed, the other is being ignored. In this way regionalism is getting more and more deeply
entrenched so that its uprooting is becoming an increasingly arduous task.
MEANING OF REGIONALISM
Regionalism means love of a particular region or state in preference to the country as a whole.
Whereas communalism means the love of the community in preference to the nation, regionalism
means the love of a particular region in preference to the country and in certain cases, in
preference to the state of which the region was a part. This feeling may arise either due to the
continuous neglect of a particular area or region by the ruling authorities, or it may spring as a
result of increasing political awareness of the henceforth backward people that they have been
discriminated against.
"A region is a defined territorial unit including particular language or languages, jatis, ethnic
groups or tribes, particular social setting and cultural pattern, folk dance, music, folk arts, etc." A
'region' is a profound sociological fact reflected in its being treated as the nucleus of a social
aggregation for multiple purposes. In the vocabulary of a sovereign state, it generally
denotesREGIONALISM IN INDIAN POLITICS
921
a territory which is smaller than itself but is larger than its single constituent units, variously
called states, provinces, cantons, etc. What precise factors must pre-exist before a tract of
territory could be called a region, is neither as yet fully known, nor can be firmly predicted. What
is known is that several variables must be in simultaneous inter-play in varying degrees over a
considerable period of time which, then, set a particular territory apart from other areas :
geography, topography, religion, customs and mores, political and economic stage of
development, way of living, commonly shared historical experience, etc. 1 The word 'et-cetera' is
significant, says Shriram Maheshwari, Regionalism, to be sure, needs all these ingredients, but
the concept is much more inclusive—when all is said and done, it remains at least partially
elusive.2 The essential fact is that a region is characterised, more than anything else, by a widely
shared sentiment of 'togetherness' in the people, internalised from a wide variety of sources,
which might even include common prosperity, com-raderie developed in a common struggle, etc.,
and what is more 'separateness' from others. At the centre of regionalism is a more or less intense
sense of identity having both positive and negative dimensions which is no less real to the people
than the feeling of belonging to a particular state or nation or to a language group. Yogesh Atal
characterized regionalism as essentially a political phenomenon very analogous to the
phenomenon of nationalism and added that regionalism is an example of micro-nationalism and a
region provides a meaningful frame for overlapping interaction of several social processes and
thereby cemented unity instead of disintegration.
WHY REGIONALISM GREW
One of the most significant aspects of the Indian polity is that it is an aggregation of regions and
sub-regions. These regions and sub-regions have a distinct socio-cultural personality within the
framework of the seven natural regions of India.
Parochialism and regionalism is a conspicuous phenomenon of India's political life. The
mushroom growth of private political armies in the form of Gopal Sena in Kerala, Lachit Sena in
Assam, Subhash Sena in West Bengal and, above all, of the Shiv Sena in Maharashtra, in addition
to many other similar organisation, big or small, operating in different States of the Indian Union
reflected 'parochialism' run mad.3
Why did regionalism grow? It grew largely due to four factors. First and foremost among these
was the problem of economic and social development of Indian society. After independence,
India lacked a balanced economic growth of all parts and regions. Instead of caring for the
interests of the country as a whole, political leadership became narrow minded and began to
clamour for the progress of their own state or region.
For example, the last two decades have witnessed an intense regional disparities. 4 The most
commonly applied test of relative backwardness is the difference in the per capita income.
Four states, two in the north and two in the west, are placed at the top of the scale of the per
capita income. Punjab (Rs. 2,250), Haryana (Rs. 1,895), Maharashtra (Rs. 1,670) and Gujarat (Rs.
1,590), cover a population of 126 million (about 18 per cent of India's total of 684 million
indicated by the 1981 census).
Next in order follow the middle income group consisitng of West Bengal (Rs. 1,247), Himachal
Pradesh (Rs. 1,230), Karnataka (Rs. 1,202), Tamil Nadu
922
INDIAN GOVERNMENT AND POLITICS
(Rs. 1,165), Kerala (Rs. 1,162), Rajasthan (Rs. 1,127), Jammu and Kashmir (Rs. 1,100) and
Andhra Pradesh (Rs. 1,006).
The low income States falling in the third category are : Assam (Rs. 960), Orissa (Rs. 918),
Madhya Pradesh (Rs. 895), Uttar Pradesh (Rs. 870) and Bihar (Rs. 755).
The people living in the second and third categories of States are approximately equal in
numbers. The extent of disparity is indicated by Punjab's per capita income which is three times
that of Bihar.
Closely connected was the increasing awareness of the people in the more backward parts of
India that they were being neglected in the matter of education and job opportunities, in the
setting up of plants and factories, in the construction of dams and bridges, and above all, in the
allocation of Central funds and grants.
The third factor that gave rise to regional and parochial tendencies in the country was the personal
and selfish ends of the politicians. The weakening of the Central authority and in some cases, of
the state authority, was considered by the regional and state leaders of all parties as vital to
enhancing their own authority and power, and they did not hesitate from propagating regionalism
among the people. Moreover, the creation of more and more states meant more Governors, more
Chief Ministers, more ministers and more MLAs, and these were what the politicians in India
cared for. Thus, the narrow and sectarian instincts of the ignorant masses were at times stirred up
by the professional politicians to serve their own narrow ends.
The fourth factor was the creation of linguistic states which reinforced regionalism and stirred
demands for increased state autonomy. Very often the sub-nationalism sentiment which is
initially based on linguistic, religious or ethnic groupings gains strength with a blend of economic
issues such as those relating to land, water and regional backwardness. One of the most
significant developments has been the rise of linguistic chauvinism, re-arrangement of the
boundaries of the States on linguistic basis, imposition of the language of the majority in a state
on the minorities and disregard of the special provision relating to language spoken by a section
of the population of a state, resulting in fissiparous tension.
Discussing the question of'linguistic regionalism'which had even sparked off a wave of riots in
recent times, K.C. Pande5 maintained that while these riots and inter-regional rivalries were
ostensibly motivated by linguistic loyalties, the real forces operating behind such movements as
Shiv Sena, etc., stemmed from economic frustration of the people in one area being deprived of
employment opportunities or being unable to compete with outsiders in this sphere. Language,
Pande remarks, in such cases only provided a convenient cloak for the deep-seated economic
maladies and added that the same held good for religion also because most of the so-called
'communal riots'were also rooted in economic maladjustment as in the case of recent riots in
working class areas, viz., Ranchi and Ahmedabad where economic tensions and not religious dif-
ferentials trigger communal violence.
Analyzing the geographical location and concentration of tribes, Professor Moonis Raza
maintained that the Indian tribal population is regional and gives rise to regionalism as the tribal
people, who were gradually pushed into 'refuge' areas lying on the border or periphery, are now
beginning to press its urge for redressal of the historical injustices. REGIONALISM IN INDIAN POLITICS
923
FORMS OF EXPRESSION OF REGIONALISM
Regionalism is a country-wide phenomenon, and often, it took the form of well-conceived and
well-organised agitations and campaigns. Almost every state has spawned a militant native
movement directed against outsiders. The fundamental issue has been employment for local
people, and many state governments, either officially or unofficially, have supported the
protection of jobs for the 'sons of the soil'. Of the movements, the most virulent has been the Shiv
Sena, founded in 1966 in Bombay. Exploiting Maharashtrian grievances and economic
frustration, the Shiv Sena, under the banner of'Maharashtra for the Maharashtrians' has directed
its attack, both verbal and physical, primarily at South Indian immigrants. 6
Regionalism in India has assumed various forms and found expression in more than one way. It
assumed four forms in the political field : (i) secession from the Indian Union; (ii) demand for
separate statehood; (iii) demand for full-fledged statehood; and (iv) inter-state disputes.
REGIONALISM AND SECESSION FROM THE INDIAN UNION
It is in its extreme form of regionalism that a region demands that it wants to break away from the
Indian Union. The DMK in Tamil Nadu, the Akali Dal in Punjab and the Mizos and Nagas in
North-East India, and more recently the supporters of Khalistan movements have been
demanding secession from India.
Demand for Dravida Nadu : As early as 1960 the DMK and the Nan Tamil (We Tamils)
organised a joint campaign throughout Madras state demanding its secession from India and for
making it an independent sovereign state of Tamiland. In 1961, another organisation by the name
of Tamil Arasu Kazhagam launched an agitation for the renaming of Madras state as 'Tamil
Nadu'. A little later, the DMK proposed that the states of Madras, Andhra Pradesh, Kerala and
Mysore should secede from the Indian Union and form an independent 'Republic of Dravida
Nadu'. In 1962, C.N. Annadurai maintained that the people of South India were of different stock
from that of the north. He alleged that the South had been ignored and neglected by the Union
government in plans for India's industrial development.
In view of the disintegrating trends in the country, the Parliament in early October 1963 adopted
the Constitution (Sixteenth Amendment) Bill which enabled it to make laws providing penalties
for any person questioning the sovereignty and integrity of the Indian Union. As a result, the
DMK dropped from its programme the demand for a sovereign independent Dravidian federation
and its secession from the Indian Union. Instead, the party's objectives, thereafter, were declared
to be the formation of a 'Dravida Union' of Madras, Mysore, Andhra and Kerala within the
framework of the sovereignty and integrity of India. The agitation went on unabated. In
September 1970, the DMK convened a 'state autonomy conference' in Madras. In April 1971,
Chief Minister Karunanidhi threatened that separation of Tamil Nadu from the Indian Union
would become 'unavoidable' if the demand for state autonomy continued to be neglected for long.
At one stage, he even demanded a separate flag for Tamil Nadu. Being a regional party, the DMK
always sought to focus on local issues to work up people's passions in order to stay on in power.
In May 1974, the Tamil Protection Organisation took out a procession in Madras city and the
demonstrators shouted anti-Malayali slogans like "drive out Malayalis and give employment to
Tamilians alone." Karunanidhi even declared that his government favoured reserving 80 per cent
of the jobs in the government and private sectors for local people.924
INDIAN GOVERNMENT AND POLITICS
Demands for Sikhistan : In Punjab there was a demand for Sikhistan. As early as 1949 the
Sikhs under Master Tara Singh declared that the Hindus of Punjab had become highly
communal and that the Sikhs could not hope to get any justice from them. Tara Singh
demanded a 'Sikh State' consisting of the Gurgaon district of Punjab and Patiala and the
East Punjab States Union (PEPSU). This demand grew stronger after the reorganisation
of the States on linguistic basis in 1956, when the demands of Punjab for its
reorganisation on ■ unilingual basis was not conceded. The Sikhs under the Akali Dal put
a demand for a separate Punjabi speaking state. When the Sikhs were demanding bifur-
cation of Punjab, some political and religious bodies like the Jana Sangh and Arya Samaj
were demanding that composite Punjab should be created, which should include not only
the present Punjab, but also Himachal Pradesh and PEPSU. The demand for a separate
Punjabi speaking State assumed serious dimensions after the Akali dal leader Sant Fateh
Singh announced his plan to burn himself alive if the demand of Punjabi Suba was not
conceded by 25 September, 1966. In view of the serious repercussion of this threat being
implemented, the Government of India conceded the demand for a Punjabi speaking
State.
The creation of separate Punjabi Suba did not satisfy all Punjabi leaders. Certain Sikh
leaders continued the agitation for the establishment of a 'Socialist Democratic Sikh
State'; Dr. Jagjit Singh, former General Secretary of the Akali Dal, undertook a tour of a
number of foreign countries to mobilise world opinion in favour of this demand. During
this tour he tried to enlist the support of the members of the Sikh community living
abroad for this purpose. He also prepared a plan for the setting up of a 'Rebel Sikh
Government', at Nankana Sahib, the birth place of Guru Nanak, in West Pakistan.
The Akali Dal leadership is well aware that it is not possible to have Sikhistan, as a
separate independent state outside the Indian Union. They, therefore, started demanding,
like the DMK in Tamil Nadu, that the state should be given more powers and autonomy.
Today, the Akali Dal stands for more powers for the state and there is no demand for
Sikhistan.
Demand for Khalistan : Since April 1981, the Akali extremists have been taking a
hardline approach for establishing a new all-Sikh nation called Khalistan, a demand
originally voiced by a former member of the Akali Dal, Jagjit Singh in June. This was
taken up in various milder forms by officially reorganised and influential bodies such as
the Sikh Gurudwara Prabandhak Committee (SGPC). Even a purely educational
organisation known as the Chief Khalsa Diwan, at its 54th Sikh Education Conference in
Chandigarh in March 1981 passed a resolution demanding Khalistan and seeking
associate membership of the United Nations. Later, moderate members of the community
withdrew its demand for UN membership but stood by the Sikh nation theory. The chief
political organ, the Akali Dal, clearly split over the issue, with the extremist group
headed by Jagdev Singh Talwandi demanding a separate nation, and middle-of-the-road
Akali leadership led by Sant Harchand Singh Longowal, President of the Akali Dal,
bemoaning the "pariah status of the Sikhs." Sikh demands of as similar nature have their
precedent since Indian independence when a resolution passed by Hindi-Sikh members of
the Punjab Assembly stated that "in the divided Indian Punjab special constitutional
measures are imperative to meet the just aspirations and rights of the Sikhs."
The Dal Khalsa, an extremist and militant Sikh youth organisation whose members
hijacked the plane to Lahore, was started on 6th August, 1978 withREGIONALISM IN INDIAN
POLITICS
925
the avowed objective of attaining an 'Independent Sovereign Sikh Nation'. As a part of their
strategy to expand their bases in Punjab, the Dal started actively participating in the political
activities of all the Akali factions. For example, Dal Khalsa activists were vocal and conspicuous
during the month-long agitation launched by the Akali Dal in May 1981 demanding holy city
status for Amritsar. Subsequently on 26th July, 1981 Gajinder Singh and his followers distributed
pro-Khalistan literature during the World Sikh Convention held in Amritsar. Less than a month
later while the rest of the nation was celebrating independence on 15th August, 1981, over a
dozen Khalsa volunteers gathered in a Gurudwara and saluted their flag which had the map of the
proposed Khalistan State inscribed in the centre. On 27th August, Dal Khalsa members raised
pro-Khalistan slogans from the gallery of the Punjab Assembly.
M.S. Dhammi remarks : "Extremist Sikh movements such as the demand for Khalistan are a
purely urban-middle class phenomenon. The urban Sikh has been unable to translate his
economic power into political power—the way the rural Sikh has. And his insecurity is further
aggravated by the fact that the 75 per cent Hindu population in Punjab is concentrated in towns.
This causes the urban Sikh to resist being overwhelmed by Hindu values."7 According to Lt. Gen.
Sartaj Singh (retd.), "too much has been made of the Khalistan movement. It started as a joke
but's now dangerous."8 Brigadier Jaswant Singh Sandhu (retd.) observes : "There is a very big
segment of Sikhs demanding Khalistan and you cannot ignore them. If smaller countries can exist
and do well for themselves, then why not an independent Punjab. Nothing can stop Khalistan
from coming into being, sooner or later."9
Jagjit Singh Chauhan, the self-appointed President of Khalistan, has also been getting clandestine
support from Pakistan and has often been used by that country for anti-India propaganda. He had
planned to file an application at the United Nations to seek recognition for Khalistan as a non-
governmental organisation as also a complaint with the human rights division of the UN about
alleged violation of human rights in Punjab.10
The Mizo demands in Assam : The hill districts of Assam have also displayed great regional
feeling and demanded the formation of an independent Mizos state. They demanded a separate
state of Mizoram outside the Union of India and in order to press their demand they organised
themselves in a political front known as the Mizo National Front (MNF). The Union Govern-
ment, naturally, turned down this demand and sought to suppress the movement. The Mizos
organised armed agitation and commenced guerrilla warfare. In the wake of the Chinese
aggression, the MNF was banned. It is believed that the Mizos got active support from China and
Pakistan in men, money and material. Their activities continued and spread to the Cachar Hills of
Assam and the Union Territory of Tripura.
It was early in 1971 that a three-member delegation of the Nation Mizo Front headed by its
President, Chunga, met Prime Minister Indira Gandhi and explained the background of their
agitation. They demanded a referendum over the question of statehood for Mizoram. The
government, keeping their aspirations in view decided to make Mizo Hill area a Union Territory,
which was inaugurated by the Prime Minister herself on 21st January, 1972. It was named
Mizoram.
There were, however many extremists and hard core Mizos headed by Laldenga who were not yet
satisfied with the arrangement. They felt that onlyINDIAN GOVERNMENT AND
POLITICS__________________________
therefore, continued their guerrilla activities. The talks between the rebel Mizos and the
government of India held both in 1973 and 1974 failed. In 1975, the rebels killed the Inspector
and Deputy Inspector General of Police and operations commenced in a big way to suppress the
rebels. In July 1976, an agreement was signed between the government of India and Laldenga by
which it was decided that all disputes and problems between Mizo and the Central government
would be solved without the use of violent means. But in March 1977 this agreement was
violated when Laldenga launched a massive drive to enrol his followers and again began to
follow violent means. However, latter on, Laldenga has again agreed to give up violence and
solve every problem by constitutional means. Accordingly, Mizoram has been elevated from the
status of a Union Territory to be the 23rd state of the Indian Union.
Demand for Nagaland : Another tribe that fomented secession from the
Indian Union and agitated for an independent state was the Nagas of Assam.
The Nagas formed the Naga National Council under Z. Phizo to carry on an
agitation for the grant of independent status. In February 1950, Phizo held a
plebiscite on the issue of Naga independence and 99 per cent of the Nagas were
said to be in favour of a sovereign independent state. In 1952, he organised a
boycott of the general election and this was a great success. The Naga National
Council even proposed to take the issue of Naga independence to the United
Nations. To pressurise the government to concede their demand, the Nagas
resorted to large-scale violence and soon the conditions deteriorated so much
that the Indian government had to despatch an army to deal with the situation.
The army dealt with the agitation with a strong hand and the large number of
Nagas were killed in the process.
Meanwhile, there were some Naga leaders who did not follow Phizo's line of action. They met
the Prime Minister in 1956 and demanded that the Nagas should be united and brought under one
single administration. Prime Minister Nehru was willing to comply with such a demand provided
the Nagas restored peace and agreed to settle every problem with the framework of the Constitu-
tion. In 1957, a convention of loyal Nagas was convened in Kohima, which adopted a resolution
and the demand for an independent Naga state was dropped. The convention also appealed to the
rebel Nagas to give up violence and co-operate with the Government of India. In 1960, the
Government of India signed an agreement with the Naga People's Convention about the
settlement of the problem of the Nagas. In 1962, the Constitution Thirteenth Amendment Act was
passed and Nagaland was given full-fledged statehood, as the sixteenth State of the Indian Union.
This arrangement did not satisfy extremist Nagas under the leadership of Phizo, who became
more desperate. They became violent and killed Chief Minister Shilu Ao. Then Phizo and his
hard core supporters turned to China and Pakistan for support. They got facilities for training in
guerrilla warfare both in arms and ammunition. Their activities reached an all-time high in 1973.
But the government was not at all deterred by these activities. Finding the Government of India
adament and counter-measures too effective, many hard core rebel Nagas realised that no useful
purpose would be served by continuing violent and underground activities. As a result, they came
out and decided to co-operate with the Government of India. The Government, in turn, made it
quite clear that it would not negotiate with Phizo and his followers, unless they agreed to find a
solution with the framework of the Indian Constitution. It was also made clear that Phizo would
not be allowed to enter India till then. AllREGIONALISM IN INDIAN POLITICS
927
violent and revolutionary Naga bodies were declared unconstitutional and their activities
banned.
In November 1975, an agreement was reached between the Government of India and
hostile Nagas whereby the former agreed to release all detained Nagas. The Nagas agreed
to give up their violent activities and to surrender all arms and ammunition and to find a
solution to every porblem within the Indian Constitution by peaceful means. The
agreement also stipulated that underground Nagas would formulate proposals for
resolving other problem of Nagaland. But unfortunately this accord did not last long, as
many underground Nagas started violating that.
In June 1977, Prime Minister of India Morarji. Desai had a meeting with Phizo in London
in a bid to find a solution to the Nagaland problem, but nothing concrete emerged. The
rebels continued to be on the war path, although a vast majority of the Nagas has,
however, now come within the peace movement and have agreed and reconciled
themselves to the idea that all efforts to create a separate independent state of Nagaland
outside the Indian Union will be a futile attempt and of no avail.
It is to New Delhi's credit that in January 2003 it was able to convince Isak Chishi Swu
and Thuingaleng Muivah, Chairman and General Secretary respectively of the National
Socialist Council of Nagaland, to come to India to carry the Naga peace process forward.
The concluding remarks of Swu and Muivah show, the NHCN (I-M) is still maintaining a
tough position in so far as its demand for unification of the Naga inhabited areas in the
north-east is concerned. This was evident from their outright rejection of a Kashmir type
status through greater devaluation of powers under Article 371(A) of the Constitution.
REGIONALISM AND DEMANDS FOR SEPARATE STATEHOOD
Another form in which regionalism has found an expression in India is that some of the
areas have been demanding separate statehood, where the people of the area could
develop their language and culture. This demand is mainly raised with a view to attain a
distinct political entity for the people of a particular region. This type of regionalism
gained momentum after the reorganisation of the States on a linguistic basis. The States
Reorganisation Commission had made certain recommendations about the reorganisation
of states on linguistic basis, but these recommendations created several serious problems
and those regions which were not satisfied with its reports became violent and in many
parts of the country there were violent demonstrations and some people demanded the
creation of separate states for their linguistic areas.
Bifurcation of Bombay State : The States Reorganisation Commission had recommended
that Bombay should remain a bilingual state, but also suggested the creation of a separate
state of Vidharbha, by adding some areas of Madhya Pradesh. There was violence in the
state and two separate organisations, viz., the Samyukta Maharashtra Samiti and the
Maha Gujarat Janata Parishad, were founded. They sought the creation of two separate
states of Gujarat and Maharashtra. Both these organisations got sufficient support from
the masses and in May 1960, these states came into being.
Bifurcation of Punjab : The Punjabi speaking people of Punjab, mainly Sikhs, demanded
a separate Punjabi speaking state. They resorted to agitation, violence, strikes and fasts,
sometimes 'fasts unto death'. Sant Fateh Singh held
928
INDIAN GOVERNMENT AND POLITICS
he would burn himself to death. Apprehending danger, the Centre decided to divide
Punjab on linguistic lines and two separate states of Punjab and Haryana were created in
November 1966.
Demand for separate Vidarbha State : When in 1960 a proposal for the bifurcation of
Bombay was under consideration the demand for the creation of a separate state of
Vidarbha was revived. Some Congress MLAs from the Nagpur area strongly demanded
the formation of Vidarbha. In order to forcefully and effectively press their demand, the
people of the region organised Nag Vidarbha Andolan Samiti, which also organised
violent demonstrations near Nagpur city. That the Vidarbha area would be given special
representation and finance for its development, did not satisfy them. With the lapse of
time the movement for Vidarbha subsided although casual demands continued to be
made.
Reorganisation of Assam State : The demand for a separate state of Meghalaya was raised
by the people living in the hilly areas of Garo, Khasi, Jainta and North Cachar. They
formed the All Party Hill Leaders Conference (APHLC) and demanded the creation of a
separate hill state. In December 1969, the Assam Reorganisation Bill was passed by the
Parliament and the Hill state of Meghalaya was created as an autonomous unit with
Assam. According to the arrangements envisaged in the Act the state of Meghalaya was
provided with its own Legislature and a Council of Ministers. However, this did not fully
meet the aspirations of the people of the area and the Meghalaya Assembly unanimously
passed a resolution on 30th September, 1970 requesting the Government of India to
accord them the status of a full-fledged state, a demand which was conceded by
the .Government in January 1972. With the conversion of Meghalaya into a full-fledged
state the strength of the Indian States rose to eighteen.
A more serious manifestation of regionalism in Assam was the organisation of the Lachit
Sena on the pattern of the Shiv Sena in Maharashtra. In 1967, the Lachit Sena launched
an agitation against immigrants from other Indian States, particularly against the
Rajasthanis who owned much of the industry in the State. It even resorted to attacks on
the shops and industrial establishments of the non-Assamese.
Demand for Telengana : The States Reorganisation Commission recommended that
Telengana should be a separate state, but that a provision should be made for its union
with Andhra Pradesh after the third general election "if a two-third majority of the
legislature of Telengana expressed itself in favour." But the government decided to unite
Telengana with Andhra on the ground that the resultant uncertainty would retard
Telengana's economic development. As a condition for union the Congress leaders of
Andhra and Telengana concluded in 1956 the following accord : (a) All members of the
State Assembly from Telengana would form a Regional Committee to deal with matters
relating to that region; (b) The entire revenue from Telengana would be spent on the
development of the region, of course after meeting its proportionate share of the common
expenditure of the state, (c) The recruitment to government posts in Telengana carrying a
salary of upto Rs. 500 a month would be made for five years only from among the
persons who had lived in Telengana for at least fifteen years, (d) When the Chief Minister
of the state came from Andhra the Deputy Chief Minister would be drawn from
Telengana and vice versa.
On the basis of this agreement, the state of Andhra Pradesh was reconstituted on 1st
November, 1956. But the agreement did not work well, andREGIONALISM IN INDIAN POLITICS
929
the people of Telengana began to express their dissatisfaction and resentment. Voices were raised
throughout the 1960s that they should be separated from Andhra Pradesh. In early January 1969,
they commenced an agitation, which was at first generally peaceful, but later it turned violent.
The agitation was essentially a by-product of an acute economic problem. It has brought to light
the regional imbalances and discontent of the people living in backward, undeveloped and
neglected conditions. It was an urge of the people for economic development. It was generally
held that the Telengana Regional Committee was not vigilant enough to protect the interests of
the region.
The main cause for the outbreak of the Andhra agitation in 1973 was the Supreme Court's
decision of 3rd October, 1972 on the Mulki Rules. It has reversed the earlier High Court ruling
and found that the Mulki Rules were 'laws in force' which had remained valid and operative even
after the formation of Andhra Pradesh. This ruling of the Supreme Court was disadvantageous to
the Andhra personnel with regard to employment opportunities and educational facilities in the
Telengana region which included the capital of the state, Hyderabad. In Andhra, the students
reacted to the Supreme Court judgment by organising strikes and urging that the Mulki rules be
scrapped to preserve the integrity of the State. There was a counter-demand from the Telengana
students and the President of the Federation of Telengana Employees Association for the
implementation of the judgment. The student delegations went to Delhi and diametrically
opposite views were placed before the Central government. The verdict of the Supreme Court
seemed to have made the Andhras feel that they were treated as second class citizens in their
home state. They demanded that Andhra should be made a separate state. Andhra Congress
legislators demanded the shifting of the state capital from Hyderabad to any other place in the
Andhra region. The situation became very grave and the Army had to be called in to assist the
civil authorities in maintaining order. President's Rule was promulgated in the State in a bid to
prevent bifurcation of the State and to restore law and order. Congress leaders of Andhra decided
to resign from the party, and declared that if by 5th February, 1973, a separate Andhra state was
not formed 'revolution unprecedented in history' would take place. On the same day, the Congress
leaders of Telengana formed the Congress Forum for Separate Telengana to work for immediate
separation from Andhra. The agitation in both the regions became widespread and violent.
Apprehending lest the situation should deteriorate beyond control, the Central Government began
to work for a negotiated settlement and a six-point formula was put forth to solve the tangle.
According to this formula, the Telengana Regional Committee would cease to exist and the Mulki
Rules would be abolished. In all matters of recruitment to the lower posts, local candidates would
be given preference. In order to look into the grievances of civil servants a high powered tribunal
was to be set up and a state level Planning Board with sub-committees for different backward
areas were to be established. It was also provided that a central University would be set up at
Hyderabad. In order to give effect to these decisions, the Constitution Thirty-third Amendment
Act was passed in December 1973. But this formula did not work and a new committee known as
the Telengana Rights Protection Committee was formed in 1974. The aim of the Committee was
to launch an agitation for the creation of a separate state of Telengana.
The two agitations highlighted the fact that language as a decisive forcetruth that the region was
neglected in matters of development in the integrated set-up of Andhra Pradesh. The leadership of
Andhra and Telengana regions seemed to have failed miserably to protect the interests of a
backward region like Telengana. The Andhra agitation had brought to surface an air of
dominance and superiority of Andhra leadership.
By agreeing to join the Government in Andhra Pardesh after 2004 verdict, the Telengana Rashtra
Samiti (TRS) seems to have reconciled itself to working with the ruling Congress for pursuing its
goal of a separate Telengana State. By roping in its ally, the Congress can hope to persuade it to
follow an orderly and structured course towards the Telengana goal.
Demand for Jharkhand : In Bihar, but also in West Bengal, Orissa and Madhya Pradesh, tribals
have demanded a separate Jharkhand State since the 1940's. The States Reorganisation
Commission (1956) rejected the demand on the ground that the "tribal population is only a little
more than one-third of the total population and is divided into several language groups." Since
then tribals have continued their campaign for a Jharkhand State. Under the leadership of Jaipal
Singh, Adivasi Mahasabha, founded in 1938, was transformed into the Jharkhand Party in 1950,
which declared the formation of a separate state for the Jharkhandis as its main objective. The
Jharkhand movement can be justified on the basis of administrative viability and unity,
geographical contiguity of the proposed districts from Bihar, West Bengal, Orissa and Madhya
Pradesh, ethnic and cultural homogeneity of a large segment of the population in the region and
exploitation of the local people by outsiders.
Demand for Bodoland : The Bodo agitation is led by the Assam Bodo Students Union (ABSU),
which is demanding a separate state and has resorted to widescale violence and a series of
crippling bandhs to pursue their demand. The Bodos are the largest single tribal community in the
North-east. The rulers of Assam are extremely worried if they give into Bodo demands—they are
not thinking of a separate state but greater autonomy at the local level—then the scores of tribes
and sub-tribes spread across the state will start demanding similar facilities. Where will it all end?
BODOS SIGN PEACE ACCORD WITH CENTRE
On February 10, 2002, the Centre and the Bodo Liberation Tigers (BLT) have reached an
agreement to settle the over a decade-old Bodoland issue. A tripartite Memorandum of Settlement
(MOs), signed by the Additional Secretary (Border Management) in the Union Home Ministry,
R.C.A. Jain, the Assam Chief Secretary, P.K. Dutta, and the BLT Chairman, Hagrama
Basumatary, envisages the creation of Bodoland as an autonomous self-governing unit within
Assam. Also present at the signing of the settlement were the Deputy Prime Minister, L.K.
Advani, and the Assam Chief Minister, Tarun Gogoi.
Under the provisions of the settlement, a 46-member autonomous Bodoland Territorial Council
(BTC), recognised under the sixth schedule of the Constitution, will be set up.
Briefing the media, Mr. Jain said that 40 members of the Council would be elected, with 30 seats
being set aside for tribals, five for non-tribals and five for other groups. Six members would be
nominated by the Governor from communities not otherwise represented. The existing Bodoland
Autonomous Council would be abolished. Elections to the new Council would be held soon after
its formation, Mr. Jain said.
The BTC, covering some 8,000 sq. kilometres, would comprise some 3,082 villages and a
population of some 23 lakhs. The status of an additional 95 villages would be considered by a
three-member committee.REGIONALISM IN INDIAN POLITICS
931
Another loose end is with regard to the status of the Bodo Kacharis. Under the Settlement the
Government has said that it will "sympathetically consider the demand of Bodo Kacharis" living
in the jurisdiction of Karbi Anglong district for ST (Hill) status. The Centre would also make a
Rs. 100 crore a year allocation for infrastructure development over the next five years.
Demand for Gorkhaland : The Gorkha National Liberation Front (GNLF) under the leadership of
Subhash Ghishing has steered a demand for separate Gorkhaland. It spearheaded a violent
agitation for 28 months in the Darjeeling hills. They have also demanded the status of official
language for Nepalese in their area.
Separate statehood demands in other parts : Demands for separate statehood were made in
several other parts of the country. The hill areas of U.P. have been demanding a separate state to
be carved out of the present state of U.P. In Haryana there was and continues a demand, for the
creation of a 'Vishal Haryana'which it is claimed should include some districts of Western U.P.
and Rajasthan in addition to the present State of Haryana. The people of the former Princely State
of Mysore demanded separation from Karnataka. The tribal people in South Gujarat asked for a
tribal state as a home for the Dangs and the Dublas. The Buddhists of Ladakh had an agitation for
grant of Union Territory status to the Ladakh region. Ladakh has for years complained of neglect
and of inadequate grants for the region's development. All these were nothing but manifestations
of regionalism.
There was euphorbia in the Uttaranchal, Jharkhand and Chhattisgarh regions when Parliament
passed the bills for their statehood.
REGIONALISM AND DEMAND FOR FULL-FLEDGED STATEHOOD
After the passing of the States Reorganisation Act, there were two categories of units in the
country, viz., the States and Union Territories. Regionalism found its expression in the latter also
when Union Territories demanded that they should be given the status of a full-fledged State. The
agitation in these Union Territories became so intense that with the passage of time the Union
Territories of Himachal Pradesh, Manipur, Tripura and Goa, Mizoram and Arunachal Pradesh got
full statehood. The Union Territory of Delhi also raised a cry that in view of its large population
and financial viability, it should also be made a full-fledged state. But the Union Government
turned down their demand, mainly on the ground that Delhi was the country's capital and separate
statehood for it would not be in the national interest.12 The 69th Constitution Amendment Pays
the way for the establishment of a Legislative Assembly in Delhi with a 7 members Council of
Ministers. Now the Union territory of Delhi is known as "National Capital Territory of Delhi".
REGIONALISM AND INTER-STATE DISPUTES
Another form of regionalism in India has found expression in the form of Inter-State disputes.
There is a dispute over Chandigarh between Punjab and Haryana. There are boundary disputes,
for example, between Maharashtra and Karnataka on Belgaum, where the Marathi speaking
population is surrounded by Kannada speaking people, between Karnataka and Kerala on
Kasargod and several other border areas, between Assam and Nagaland on Rengma reserved
forests in Rampagani area, between Assam and Meghalaya on several hill areas and between
Assam and Arunachal Pradesh on Pasighat subdivision.932
INDIAN GOVERNMENT AND POLITICS
in which the states of Madhya Pradesh, Rajasthan, Gujarat and Maharashtra were
involved. Another dispute arose among the states of Maharashtra, Kar-nataka and Andhra
Pradesh over the use and distribution of waters of the Krishna river. Disputes also arose
over the use of Cauvery waters among the states of Tamil Nadu, Kerala and Karnataka.
In Punjab there was dispute over the use of waters of Ravi river where even the
construction of dam was delayed.13 The disputing states in this case being Punjab, Jammu
and Kashmir, Rajasthan and Himachal Pradesh. On July 12, 2004, Amarindra Singh, the
Chief Minister of Punjab convened a special session of the Punjab Assembly and
chartered a new course to the troubled waters by enacting a legislation to annul all past
pacts entered into by the state on the sharing of the Ravi and Beas waters, including the
1981 agreement, with its neighbours Haryana and Rajasthan. The new law has
resurrected the war over water between Punjab and Haryana. 4 There were many other
disputes involving the distribution of the waters of other rivers, but these were of minor
importance.
In all these cases the state Chief Ministers behaved like spokesmen of independent nation
and endeavoured to obtain the maximum for the own State. It appeared as if India was a
multi-national country.
REGIONALISM AND THE PROBLEM OF LINGUISTIC MINORITIES
Regionalism in the Indian context is related with the continuation of linguistic and
religious minorities within the States. On an average about 18 per cent of a state
population has as its mother tongue a language other than the official state language (the
figure varying from 5 per cent in Kerala to 35 per cent in Karnataka, with the exception
of Assam where the non-Assamese speaking people constitute as much as 44 per cent of
the state population). The problem has not caused much trouble except in areas where the
'outsiders' occupy important administrative or industrial position and are perceived as
'exploiters' as in the case of Gujaratis and South Indians in Maharashtra, Bengalis in
Assam and Orissa, and Marwaris in West Bengal. Militant movements of the 'sons of the
soil' against these outsiders have emerged in the urban areas of those states notably Shiv
Sena in Maharashtra and the Lachit Sena in Assam. The sentiment against the Marwaris
in West Bengal, and in part, Tamil Nadu is also getting vociferous. As some of these
movements such as the Shiv Sena, are led by highly obscurantist elements and employ
the symbolism of extremist chauvinism and a para-military appeal, they pose a source of
great danger.
A CRITICAL APPRAISAL
Pessimists argue that India faces the 'dangerous' alternatives of either Balkanization or
authoritarian rule as the movement for regional autonomy gains ground.1 There have
indeed been such movements in the past as well as today. Based partly on historical
antecedents and partly on caste, ethnic and regional hostility, there developed a powerful
intellectual movement for autonomy in the Dravidian South, mainly in the old Madras
State.
It is important to note that separatist identities in India have been more potent in regions
inhabited by distinctly non-Aryan ethnic groups which have experienced varying degrees
of assimilation into the all-India cultural mainsteram. Thus, the more serious problems
confronting India's territorial integrity come from the unassimilated tribal periphery in the
north-east region of the country.16 The secessionist demands in the Naga establishment of
an independent Naga state known as Nagaland and the adoption of a flexible attitude in
New Delhi towards the 'Naga rebels'. In Assam, the aspiration of the tribal party, the All
Party Hill Leaders Conference (APHLC), have been accommodated by the establishment
of the state of Meghalaya. Another con-REGIONALISM IN INDIAN POLITICS
933
titutional innovation was tried earlier with respect to giving a special status to Jammu and
Kashmir. Some other areas still remain unaccommodated, as for example the small militant tribe
of Mizos in the north-east, the Chhota Nagpur area in Bihar, the tribal enclaves in M.M., and the
movements of autonomy in the tribal regions of South Gujarat and Orissa. As political
participation grows and education and economic development produce new differentiations, such
demands are likely to grow. Some of these issues are accentuated by the fact that many of these
tribal enclaves are on the border with China and Pakistan, and there have been attempts at
'training' some of the discontented elements in guerrilla activities. The challenge from across the
borders is likely to continue for a long time to come and the country will have to face up to the
continuing task of evolving new policies for dealing with increasing political mobilization of the
border regions.
'Polities', Dr. Iqbal Narain points out, "does not create regionalism but it certainly accentuates and
exploits regional loyalties." Regionalism, he adds, is an important factor in party building and
unless alternative secular loyalty bases are discovered or created regionalism shall continue to
flourish. The problem of regionalism could be tackled only with the adoption of a macrovision
which took within its sweep the microvariations at regional levels within the nation. In this
connection, he posed the problem of depoliticization of the planning process and allocation of
resources and emphasised that politics can be secularised only if the political parties follow a
policy of ideological polarisation in relation to problems of caste and tribe loyalties vis-a-vis the
nation.17 Professor M.V. Mathur also called upon the political parties to adopt a non-caste and
non-regional approach to political issues.18 Regionalism, Yogesh Atal emphasised, was only a
variety of micro-nationalism and it was quite possible to extend the sense of regional unity to the
national level by creating appertures for entry into different regions and thereby establishing
cross-cutting interregional relationships.1 Dr. Moonis Raza feels that the historical injustices done
to the tribes, which were pushed into 'refuse' areas in the interior of the country, viz., M.P., A.P.,
and Bihar, must be done away with and they should be given land and other facilities for
preserving their identity and develop their interest.20
It is one thing to agree to the principle of linguistic autonomy in the organisation of states. It is
quite another thing to implement this principle in the form of a 'one language, one state'. This is
precisely what the States Reorganisation Commission recommended, except in the case of the
Hindi speaking region where there are four states. The result of not attending the other criteria of
regional organization such as size, level of development, administrative optimally, social
homogeneity and political feasibility has been that the country has such unmanageable and
grotesque units as Uttar Pradesh with its 140 million population, a sprawling Madhya Pradesh
with four historically distinctive and heterogeneous regions, and States like Andhra Pradesh
which encompasses the extremely backward Telengana region and the very prosperous delta
regions giving rise to the inevitable charge of'discrimination'. All this leads to fissipar ous
tendencies, as found also in Karnataka and Maharashtra. Many of these states could perhaps be
split into administratively more efficient and politically more homogeneous units. The Centre too
would find it easier to deal with smaller and more numerous but politically more homogeneous
states. Some scholars of the Indian situation have, therefore, argued for a fresh review of the
country's territorial organisation from the perspective of sizp snrioi ™v-^*— _«•-.'• 934
INDIAN GOVERNMENT AND POLITICS
State relationships, and the possibility of having single party governments. 21 The issue will have
to be faced sooner or later, and the sooner the better.
In regionalism, one point which always draws attention is that people of certain areas demand
separate statehood, e.g., Telangana, Jharkhand, Vidarbha, and when this demand is denied
agitational outlook develops. Such a demand is denied because it is felt that small states will
weaken India's unity. But a point which needs to be studied is whether bigger or smaller states
have made greater progress and which of the two kinds of states are contributing more to India's
unity and prosperity.
REFERENCES
1. Shri Ram Maheshwari, State Governments in India (New Delhi, 1979), p. 185.
2. Ibid., p. 186.
3. The Tribune (Ambala), 21st June, 1968.
4. V. Eshwar Anand, "Bridging the economic gap between states," The Indian Express, February 23, 1990, p. 8.
5. Satish Chandra, K.C. Pande and P.C. Mathur, Regional and National Integration (Jaipur, 1976), p. 178.
6. Ram Joshi, "The Shiv Sena : A Movement in Search of Legitimacy,"Asicm Survey, November 1970, pp. 967-68
7. India Today (New Delhi), 31st October, 1970, pp. 967-68.
8. Ibid., p. 38.
9. Ibid.
10. The Indian Express (Ahmedabad), 9th March, 1982, p. 4.
11. K.R. Acharya, "Telengana and Andhra Agitations," In G. Ram Reddy and B.A.V. Sharma, eds., State Government
and Politics : Andhra Pradesh (New Delhi, 1979), pp. 510-24.
12. Dinman (New Delhi), 4-10 April, 1982, pp. 10-12.
13. Ramesh Kapil, "A Major Political Headache for Congress (I)," The Indian Express (Ahmedabad), 9th April, 1982,
p. 7.
14. India Today, July 26, 2004, pp. 30-31.
15. Selig S. Harrison, India : The Most Dangerous Decades (Princeton, 1960).
16. Arthur J. Dommen, "Separatist Tendencies in Eastern India," Asian Survey, October 1967.
17. Satish Chandra and others, n. 5, p. 183.
18. Ibid., p. 183.
19. Ibid., p. 184.
20. Ibid., p. 185.
21. Rajni Kothari, "National Unity in Danger : Case for Smaller Units," The Times of India, 10th February, 1968; The
Times of India, 14th August, 1969.21
Chapter 66
PROBLEM OF VIOLENCE IN INDIA
As more and more Third World cbuntries have become democratic, the question of how well
democracies fare in solving problems of development has gained in importance. India's long
experience with democracy provides significant insights. Over the last two decades it has become
increasingly difficult for India simultaneously to accommodate conflicting interests and to
promote social and economic development. Governments elected with large majorities have
repeatedly failed to translate popular support into effective policies and the role of violence in
politics has been growing steadily.
In his book "Democracy and Discontent" Atul Kohli observes :
"Bihar is India's poorest state and one of its most violent. Political killings have become so
common in Bihar over the past decade that, according to India Today, they no longer make news.
India's leading newspaper, The Times of India, estimated that between 1980 and 1986 there had
been more politically motivated murders in Bihar than in Punjab" [Atul Kohli, Democracy and
;
Discontent, Cambridge, 1991, p. 205].
"Gujarat is one of India's more prosperous states. Both governmental and political processes in
Gujarat used to be relatively stable, but that stability became tenuous in the early 1970s. Violence
as a tool to effect political change was rare in the 1970s, but that changed in the 1980s. In 1981
and again in 1985, politics in Gujarat came to be characterised by riots, arson and other kinds of
planned violence, and there was a growing sense that the state's capacity to govern had declined
sharply..." [Atul Kohli, Democracy and Discontent, Cambridge, 1991, p. 238].
Violence and Its Patterns in India
In the decade of 1990s, India has become a violent state, with Indians warring with Indians at
numerous locations.1 Although the phenomenon of violence has been with us for long, the decade
of the 80s and 90s have been quite dismal. According to one study, there had been 224 major
incidents of collective violence, apart from several thousand minor incidents in India during 1951
to 1996. These include not only three major arenas of violence, namely, inter-caste, inter-
communal and inter-linguistic violence, but also many other forms of violence, like those
associated with demands for separate states, reorganisation of states, industrial strikes leading to
violence, peasant violence, radical agitations leading to violence, organised Naxalite violence
against zamindars and rich land-lords, student agitations leading to violence, tribal revolts,
terrorist activities in North-East, Punjab and Jammu Kashmir. Widespread civil disobedience
campaign resulting in violence and politicalIn this decade, the law and order situation in the
country remained difficult, especially in the states of Andhra Pradesh, Assam, Bihar, Jammu &
Kashmir, Manipur, Nagaland, Tripura and Uttar Pradesh. The secessionist groups continued to
disrupt normal life in the Kashmir valley/ Jammu region. The insurgent groups in Manipur,
Nagaland, Tripura and Assam posed challenges to the law enforcing agencies. Communal
harmony was disrupted in Bihar, Gujarat, Karnataka, Maharashtra and Uttar Pradesh. The
protagonists of separate Jharkhand state continued to follow their agitational approach. Left-
extremism reared its ugly head again in Andhra Pradesh and Bihar. CPML groups continued to
indulge in violence. The hill areas of Uttar Pradesh were shaken by agitations for a separate
Uttarakhand state.
1. Violence for linguistic States : Soon after the first general elections in 1952, demands to
establish linguistic states increased in various parts of India, particularly in the Telugu speaking
areas of Madras. Nehru accepted the demand for a separate state of Andhra only after a fast-unto-
death by Potti Sriramulu, a leader of the Andhra movement, in December 1952. His death has
caused violence at several places.3 Some railway stations were burnt and post offices were
destroyed. In such circumstances the Government of India thought it better to accept the popular
demand. The establishment of Andhra opened the gate to linguistic states. The same strategy of
agitation was followed in many other parts of India. In Bombay, the Marathi-speaking population
demand its own state, and the Gujarati speaking population began to demand Gujarat.
Widespread rioting broke out and the agitation continued until 1960 when the Congress accepted
the bifurcation of Bombay. After the bifurcation of Bombay, the Sikhs of Punjab intensified their
demands to divide Punjab on a linguistic basis. In fact, they wanted a Sikh state, but they thought
better to use linguistic arguments. The agitation continued for years, and many violent clashes
took place between Sikhs and Hindus. Very recently in West Bengal, the Gorkhaland National
Liberation Front (GNLF) has demanded, occasionally by violent means, a separate state of
Gorkhaland in Darjeeling district. It launched violent movement in Darjeeling and issued calls for
the boycott of the national festivals like the Republic days to put pressure on the Government to
concede its demands. Demands for separate statehood are made by Bodos in Assam and the
people of hill areas in U.P. (Uttarakhand). Bandhs and blockades are being organised and there is
large scale violence.
2. The Secessionist Movements and Violence : In the past five decades or
so, the North-East has seen the emergence of a number of insurgent groups.
Insurgency may be smouldering in some states and may be incipient in others
at given points of time, but the entire North-East has been all along in ferment,
so to say. The threat to national integration from NE has come from Naga
National Council (NNC), National Socialist Council of Nagaland (NSCN), Mizo
National Front (MNF), People's Liberation Army (PLA), People's Revolutionary
Party of Kanglei Pak (PREPAK), All Tripura Tribal Force (ATTF), United
Liberation Front of Assam (ULFA) etc. Armed rebellion was organised by these
organisations after independence. Insurgency became the most popular method
for the realisation of the goal.4 The NSCN has been carrying out an armed
struggle to bring an end to Indian suzerainty over the Naga people and to
establish People's Republic of Nagaland based on Mao's ideology. The NSCN
believes in armed struggle and revolution to achieve the objectives. In Manipur
separatist movement is spearheaded by the Revolutionary People's Front (RPF)
and its army wing PLA and PREPAK and its offshoots like the armed wing of
PREPAK called the Red Army and the Kangli Pak Communist Party (KCP) andPROBLEM OF
VIOLENCE IN INDIA
937
KCP's Red Army. The declared objective of these organisations is the formation of an
independent Manipur comprising the state of Manipur. The PLA started making its presence felt
in 1970s. It posed a threat to the administration in the early 80s by ambush and hit-and-run
attacks on security forces, bank looting, arms seizure and similar acts. In Tripura secessionist call
was given by the Tripura National Volunteer Force (TNVF). It had expressed its firmness to carry
out armed struggle with a view to forming a sovereign state. The fear of the Assamese about
becoming a minority in their own state led to the rise of the separatist organisations like the
Lachit Sena in 1960s. The ULFA came into being in April 1979 and is the proponent of the
sovereign Assam. It has vowed to liberate Assam from exploitation of the centre which is treating
the state as its colony. It openly runs military camps in the Brahmaputra Valley.
3. Communal Violence : India is a land of minorities where we have acute problem of
communalism and that is the reason why there have been more than ten thousand communal riots
in the country since Independence. In the 30-year period between 1955 and 1985, the first nine
years witnessed less than a hundred communal riots each; the highest figure of 92 marked the
year 1961. The year of Nehru's death, 1964, recorded the largest ever number of communal riots
—a staggering number of 1,070. In the next 20 years, the annual number varied from the
minimum of 144 in 1967 to the maximum of 525 in 1985. The number of persons killed was the
highest in 1964 (1,919) and the number of injured peaked in 1984 (4,836). Between 1954 and
1985, India was scared, bruised and traumatised by 2,290 Hindu-Muslim riots, taking the life of
2,750 people, and injuring 17,791. Communal riots and violence are caused by a multiplicity of
factors. Ancient and recent hatred blends together when religion becomes a big factor in the
dynamics of electoral politics. In as many as ten states, riots have become endemic. More riots
occur in those states where Muslims constitute in some districts between 15 and 59.3 per cent of
the population. Since the late 80s through the 90s, the emergence of militant Hindutva as a
political wave has further aggravated the communal factor; the combined toll in Ayodhya in
December 1992 and in Bombay in January 1993 surpassed the casualties and property losses of
any previous clashes. Large scale communal violence took place in Gujarat on February 28 and
March 1, 2002 as a fall out of the carange at Godhra on February 27, 2002 in which 58 persons
were burnt to death. Total deaths reported in Gujarat were 692 including 109 killed in police
firing. Prof. J.R. Siwach observes : "the communal riots have been breaking out in one part of the
country or the other with
distressing frequency.....which has made our democracy the greatest functional
anarchy in the world..."
4. Political Violence : Political violence is committed for specific political objective, by
organised gangs or by ad-hoc groups to influence governmental decisions to punish political
opponents, to ventilate deep-seated grievances or to intimidate a locality or an electoral
constituency. The assassination of Mrs. Indira Gandhi and Rajiv Gandhi are examples of political
violence, having far reaching political consequences. In an unfortunate incident, Beant Singh,
Chief Minister of Punjab was killed on 31st August, 1995 when a powerful bomb exploded in his
car in the premises of the Punjab & Haryana Civil Secretariat, Chandigarh.
The violent incidents that rocked Manipur in the wake of the Union Government announcing
extension of its ceasefire agreement with the NSCN (I-M) to all Naga dominated areas in the
Northeeastern region have sent rock
n Ve their targets- the938
INDIAN GOVERNMENT AND POLITICS
State Assembly, the Chief Minister's Secretariat and the residences of the elected representatives.
5. Poll Violence : Poll violence in India grew with the passing of every general election. Scenes
of poll violence photographed by Nalini Singh and telecast by Doordarshan in 1989 had opened
the eyes of the people regarding the organised nature of poll violence. Election violence can be
broadly divided into three categories—pre-election violence; violence on the election day and
post-election violence. The Home Ministry has classified poll violence into three categories—
communal violence, inter-caste violence and inter-party violence. The number of persons killed
during 1991 Lok Sabha elections was highest of all the elections held so far. While only 48 and
197 persons were killed in 1984 and 1989 elections, respectively; the number of persons killed in
1991 touched the all time high of 272. The assassination of Rajiv Gandhi provided opportunity to
the anti-social elements to create unprecedented election disturbances throughout the country in
which property worth crores of rupees was damaged or destroyed.
The bye-elections to the 7 Parliamentary and 16 Assembly Constituencies were held on 26 May
1994. The bye elections witnessed violence in the form of booth-capturing, snatching of ballot
boxes, attacks on poll officials and clashes between supporters of political parties. There were
105 poll-related violent incidents, in which 14 persons were killed. At the eve of Andhra Pradesh
Assembly elections (December, 1994), the PWG, which gave a call for poll boycott was
responsible for 9 explosions, 18 incidents of arson and 6 attacks on police resulting in the killing
of 20 persons. However, the Lok Sabha elections of 1998 were conducted by and large
peacefully.5 There were 2,450 incidence of poll violence and only 65 persons were killed.
6. Caste Conflicts and Caste Prompted Violence : One of the main reasons of caste conflict
between the caste Hindus and the Harijans in the villages is the increasing impact of modernity
such as—the spread of education, impact of media and increasing politicisation of the lower
castes. Because of this politicisation process, the Harijans have started asserting their rights and
as result thereof the traditional social order is under attack which is not liked by the higher
communities. Because of injured feelings on both sides caste conflicts have taken place at Delhi
and Sadhulpur in U.P.; Belchi and Pipra in Bihar and South Arcot district in Tamil Nadu.
Redistribution of Land, tearing of a Harijan girl, attempt of molesting Harijan women, inter-caste
marriage have been some of the causes of these conflicts. According to official reports, between
1975-1980 there were 56,596 incidents of crimes against Harijans in eleven states and out of
them there were 185 murders and 1941 rapes. In 1985, the number of cases in which atrocities
were committed against Harijans were 15,373 whereas in 1986 such cases were 15,403.
During 1995, though the overall caste related incidents registered a marginal decline as compared
to 1994, Tamil Nadu, Bihar and Maharashtra registered an increase of 25 to 30 per cent. During
1995, out of 723 caste related incidents, the majority of clashes were between SCs and OBCs,
followed by SCs and FCs and only 2 between FCs and SCs/BCs. In Bihar out of 147 incidents, 57
were between FCs and OBCs and in U.P., out of 122 incidents 69 were between FCs and SCs.6
During 1996, out of 672 caste-related incidents, the majority of the clashes (327) were between
SCs and OBCs, followed by SCs and FCs (172), FCs and OBCs (62) and others (111). In Tamil
Nadu, out of 282 incidents, 238 were between SCs and OBCs and only 2 between FCs and
SCs/BCs. In Bihar, out of 132 incidents, 50 were between FCs and
OBCs__________________________PROBLEM OF VIOLhNUt IIN iwm____________________
followed by FCs and SCs (26) and BCs and SCs (24). In Uttar Pradesh, out of 93 incidents, 49
were between FCs and SCs followed by SCs and OBCs (27), and FCs and BCs (8). In
Maharashtra, out of 61 incidents 38 were between FCs and SCs, followed by OBC and SCs (14)
and FCs and OBCs (I).7 The security environment in Manipur continued to be vulnerable on
account of the violent activities of Meitei Naga and Kuki militants and the continuing Naga-Kuki
conflict.8 Most of these conflicts could be attributed to atrocities against Harijans, land disputes,
disputes over sharing of crops and payment of minimum wages, molestation of Harijan women,
prevention of Harijans. from participating in local religious—festivals and old enmity arising out
of traditional caste feuds. An increasing degree of militancy has marked caste relations recently in
different areas, especially after polarisation of Dalit forces.
The well developed landlord-contractor-politician nexus is a fact of life in today's Bihar and the
criminal gangs enjoy patronage of almost all political
parties.
During the eighties, caste senas began appearing on the scene, There was one Brahmarishi Sena
backed by the Bhumihars, Bhoomi Sena of the Kurmis, Lorik Sena of the Yadavs, Sawarna
Liberation Front of the upper castes, Ganga Sena of the Brahmins and the Kunwar Sena of the
Rajputs; all emerged on the scene to take on the various leftist outfits. Then there was the
Sunlight Sena which was propped up by the affluent Pathans of Aurangabad, Palamau,
Dumaria and Imamganj areas.
The massacre at Bathe village under Mehandia Police Station in District Jehanabad (Bihar) on
December 1-2,1997, in which 58 lives were lost, pointed towards a very disturbing phenomenon
arising out of the activities of Ranvir
Sena. \ In large part of the state (Bihar), it is these senas who hold the sway, and
? not the police.
7. Left-Extremist Violence : Annual Report of the year 2001-02 of the Ministry of Home Affairs
observes : "The quantum of left-wing Extremist violence witnessed an increase for the first time
since 1996 with 1,209 incidents (564 deaths) being reported during 2001 as against 1,179
incidents (550 deaths) reported during the previous year. Of the Leftwing Extremist groups,
CPML-PW and MCC account for the ■ .
1
— ~f Villiners and II Naxal violence continues to pose a
±n iT,tOTT,al security in the
PW and MCC account tor me rp-------
highest number of killings and I Naxal violence continues w v»^ „
■ -J^4-Q TVift salient fea-1 serious challenge to internal security in the
country. Presently, 55 districts in 9 states, namely, Andhra Pradesh, Bihar, Maharashtra, Orissa,
Madhya Pradesh, Chhattisgarh, Jharkhand, West Bengal and Uttar Pradesh are affected with naxalism.
Naxal outputs have laid special emphasis on militarisation of their fighting formations by acquiring new
technology, particularly relating to fabrication and firing mechanism for Improvised Explosive
Devices (IEDs) and weapons.
highest number of killings violent incidents. The salient feature of left-extremist violence
during 1995 is the diametrically trends noticed in Andhra Pradesh and Bihar, the main epicentres
of extremist violence in the Country. While in Andhra Pradesh, it remained generally at last
year's level, it registered a slight increase in Bihar. The situation in Tripura deteriorated
considerably during February-March, 1997 fol-._., n»oi0 incidents of viol
Tripura deteriorated considerably |j u^*^^,,.______________
during February-March, 1997 fol- ---------------------------------------------
lowing large scale incidents of violence and arson by the All Tripura Tiger Force (ATTF) and the
National Liberation Front of Tripura (NLFT). The most seriously affected areas were declared as
'disturbed areas' and both the ATTF and NLFT declared as unlawful associations under
provisions of Unlawful Activities (Prevention) Act, 1967. The Government is attaching high
priority to containing Ao mptiace of left wing extremism by a double pronged strategy of strict

law I
enforcement, side by side with special development impetus in the affected areas.
8. Agrarian Unrest : The agrarian scene remained by and large peaceful with few major
violent incidents affecting law and order in Maharashtra, Karnataka and Uttar Pradesh.
There were 202 incidents with 22 deaths and injuries to 406 others during 1995-96 as
against 115 incidents (20 deaths and 369 injured) during the year 1994-95. Most of those
agitations could be generally attributed to land disputes, forcible harvesting of crops, non-
payment of minimum wages, rivalry among Kisan organisation etc.
9. Terrorism : Terrorism involves the threat or use of violence for political purposes by
individuals or groups. The states like Punjab and Jammu-Kashmir are known for
terrorism. The terrorists in Punjab successfully mixed religion with politics. The Akali
Dal launched Dharmayudh during the last few years and created a group of terrorists
under the leadership of Sant Bhindrawale. The State of J & K has been in the throes of
militancy/terrorism for the last 15 years. Terrorism in Jammu & Kashmir alone has taken
a toll of about 34,000 lives since 1990, including more than 12,000 innocent civilians and
about 18,000 terrorists. Besides, it has caused enormous damage to the Kashmiri people,
their age-old syncretic culture and to the economy of the state. There are at least 44
terrorist groups operating in Kashmir valley. Important amongst them are JKLF, the
People's League, the Allah Tigers, the Hizbi Islami and the Hizbullah. The attacks on the
J & K Assembly and on Parliament House by Pak based or supported terrorist groups,
viz. Jaish-e-Mohammad/Lashkar-e-Taiba is yet another grim development in this
direction. The guidance and direction to almost all these organisations came from
Pakistan. Their diktat is law, and the punishment is stoning, arson or even a bullet.
10. Violence from the state and its Agencies : Incidence of police violence against the common
people has become the regular feature of the social and political life in the country. Since
the police represents one of the coercive apparatus of the state, they have a mandate to be
violent for enforcing law and maintaining order in the society. The Inquiry Commission
Reports prepared by Justice M.M. Ismail, Justice Vishwanath Iyer and Justice Muktadar
reveal the facts pertaining to regular policy such as merciless beating of political detenus,
inhuman torture, rape in police custody etc. which are quite common these days. The
Indian police have earned notoriety by blinding undertrials (Bhagalpur), by leg-breaking
suspects (Varanasi) and by lathi charging of blind processioners (Delhi).11
The too frequent use of the armed forces to aid civil power should seriously concern the
nation. In the 20 years between 1951 and 1970, the armed forces were summoned to aid
civil power on 476 occasions. In the 5 years between 1980 and 1984, the number was
369, that is an average of once every four days. As an institution, the nation is proud of
its armed forces. If we are going to call out the soldiers day after day to sort out messy
political situations in all parts of the country like the anti-Mandal agitation, it can have a
most deleterious fall out.
Conclusions
As India stands poised to enter the 21st Century, all around there is evidence of the decay
and degeneration of the state and its democratic political process. If the party system has
almost broken down, the quality of politicians does not match the challenges India faces.
The ancient social authority which held Indian people together in the villages for
thousands of years is breaking down, threatening the outbreak of violent social conflict
on an endemic scale.The recent developments indicated that while the law and
enforcement and security agencies could handle the internal pressures on the law and
order front successfully, it was comparatively difficult for them to handle externally
inspired and sustained militancy and terrorist violence in these sectors (Jammu &
Kashmir and some North-Eastern States).
REFERENCES
Bhabani Sen Gupta, India—Problems of Governance, 1996, p. 272.
Rasheeduddin Khan, Democracy in India, 1990, p. 171.
Tatu Vanhanen, Politics of Ethnic Nepotism, 1991, p. 75.
Prabhat Datta, "Secessionist Movements in North-East India", The Indian Journal of
Political Science, October-December 1992. pp. 537-38.
5. Government of India, Ministry of Home Affairs—Department of Internal Security, States and Home, Annual
Report, 1997-98, p. 8.
6. Ibid, Annual Report, 1995-96, p. 7.
7. Ibid, Annual Report, 1996-97, p. 7.
8. Government of India, Minstry of Home Affairs, Department of Internal Security, States and
iJnmix (NPW Delhi), p. 14.
1.
2. 3. 4.
Home (New Delhi), p. 14.
9. Ibid., p. 7.
10. Jag Mohan, My Frozen Turbulence in Kashmir, 1991, p. 373.
11. Moin Shakir, State and Politics in Contemporary India, 1986, p. 80.Chapter 67
INDIA: STRUGGLE FOR GENDER
JUSTICE
Gender has now become a fashionable term to designate the problems related to feminism. After
the First World War, there was the charter of Human Rights. This Charter among other things
bestowed, equal rights to women at par with men. The Declaration of the International Women's
Decade (1975-85) was a forceful factor to stress for feminism all over the world.
The gender problem as we see in India draws heavily from the world women situations. Indu
Agnihotri and Vina Majumdar have argued that the parameters of women movement in India
include the following1 :
1. The World Conference on Women held at Mexico (1975), Copenhagen (1980), Nairobi
(1985) and Beijing (1995);
2. The history of and relationship between earlier movements for freedom, equality and
democracy and values which were subsequently enshrined as basic tenets in the Constitution of
India.
3. The influence of ideas coming across through the various streams of women's liberation of the
West. Thus, equality, democracy and freedom were at the same time, actual notional and
ideological goals which the women's movement addressed in all these connotations including
specific gender perspectives and components.
India is a great paradox. Nowhere is this more evident than the situation with regard to the status
of women in India. Our scriptures regard women as the goddess, the incarnation of compassion,
provider of food and destroyer of evil. But in practice, women have had to be content with a
subservient role within the house for centuries. There have been exceptions but, by and large, the
social mind-set has been that of discrimination against women right from the birth. For a majority
of Indian women, life itself has been a long hurdle race, both within and outside the family.
Indeed, in these days of globalisation, the global picture of women is most ignoble and
inequitable. Women constitute 50 per cent of world's population, they account for 66 per cent of
the work done, they have a share of 10 per cent in the world's income and they own only one per
cent of the world's property. Thus, the woman is an epitome of global gender injustice and
inequality. All this is due to the anti-female psyche of the male chauvinists.
In India at the primary stage 70 per cent of the girl students drop out and only 2 per cent enter the
college. In agriculture 50 percent contribute to agricultural production but most of them are not
wage-earners but domestic servants. The psychology of industries in India weighs heavily against
women. One of the reasons is that women in industries are to be given preferential welfare and
social facilities and benefits. To avoid this, in the post-independence INDIA: STRUGGLE FOR
GENDER JUSTICE

1
________________________INDIA: SIHIH313LC ruiivi-.v__________________
era, the industries have preferred to reduce the number of women employees. For instance, in a
prominent industrial city like Mumbai the number of female textile employees in 1975 was
40,000. The number has now gone down to less than 2000. All this is done to reduce expenditure
on maternity benefits and welfare facilities and augment profits. 2
When we see this global inequality in the life of women we are reminded of the words of
Federico Mayor, Director-General of UNESCO, who wrote : Woman, you brought with you a
new song But we did not let you speak out Although yours is the voice of half the earth.
The battle for gender justice has been a longdrawn struggle. The sustained efforts of social
reformers, even in the face of resistance from social orthodoxy, have given impetus to the cause
of gender justice. The provisions of the Constitution, various laws and judgements of courts have
their own contribution to the cause of gender justice. However, more fundamental is the work and
role of social reformers who sought to change the mind-set of the orthodox tradition-bound
society and usher in women's reforms in the social, economic
and educational fields.
Mahatma Jyotiba Phule and his dedicated wife Savitri Phule were ardent protagonists of women's
education. While Savitiri Phule went to a school to impart education to women, and particularly
to widows, cowdung and stones were showered on her when she opened the first school for
women in 1846 — incidentally the very same year in which Marx and Engles prepared the
Communist Manifesto. It is difficult to evaluate which of the events had a more revolutionary
potential. Despite resistance from orthodoxy women's education gradually acquired greater
acceptances. In the old orthodox society the Sati system of widows mounting the funeral pyre of
their husbands was an atrocious practice. If this practice was gradually discarded, it was not only
because of the Sati Prohibition Act in Bengal in 1829 at the behest of Benting, the Governor of
the State, but mainly due to the social reforms movement against the Sati system carried on by
the eminent social reformers, Raja Ram Mohan Roy and Ishwar Chand Vidyasagar. Mahatma
Gandhi's call to Indian women to join the freedom struggle and the inclusion of 'equal status of
women' in his famous 9-point agenda saw many women coming out of their veils and fighting the
British shoulder to shoulder with men. A man like Dr. B. R. Ambedkar, who was keen on the
expeditious adoption of the Hindu Code Bill to ensure the right of inheritance of property to
women as an instrument of gender justice, resigned from the union cabinet when he found that
the government had a vacillating
attitude on the issue.
After Independence, attainment of equal status for women in every sphere of life was enshrined
as one of the main objectives of the Indian Constitution.
Article 14 of the Constitution ensures gender equality. Article 15 prohibits discrimination on
grounds of sex. Article 16 provides for equality of opportunity in public employment. Article
15(3) of the Constitution permits the State to make special provisions for women and children.
Article 39 enjoins the state to provide an adequate means of livelihood to men and women.
Article 51A (e) makes it a duty of every citizen to renounce practices derogatory to the dignity
of women.3
The Indian Parliament also passed the following laws which helped the
women :
• Special Marriage Act, 1954
• Hindu Code Bill, 1955944
INDIAN GOVERNMENT AND POLITICS
• Indian Succession Act, 1956
• Hindu Adoption and Maintenance Bill, 1956
• Dowry Prohibition Act, 1961
• The Criminal Law Amendment Act, 1983
• The right to vote had already been granted to Indian women in 1929. Right from the First
Five-year Plan, the issue of providing equal status to
women has been sharphy focused in our development process. While the first four plans focused
on organising various welfare activities and giving high priority to women's education, the fifth
and sixth plans witnessed a shift in approach from welfare to overall development of women with
a three-pronged thrust on health, education and employment of women. The Eighth Plan (1992-
97) made a further significant shift from 'development' to 'women's empowerment.' The strategy
of women's component plan in the Ninth Plan provides for ensuring that a minimum of 30 per
cent of benefits or funds flow to women from all ministries and departments.
In the light of the constitutional provisions, it is noticed that several forms of discriminations still
exist. The full potential of women remains underutilised. In its march towards full gender justice,
India has declared 2001 as the year of Women Empowerment. Hence, there is a need to address
vital issues for creation of maternity fund, ban on sex-determination tests, reservation for women
in Government jobs, treating bride burning and dowry deaths as murders, provisions of public
toilets and smokeless chulhas in villages, making them as joint owners of house and land and
making women co-sharers in the wealth and incomes of their husbands to bring women at par
with men in the real sense.
Some positive indicators of women's development can be seen in the female literacy rate which
rose from 8 per cent in 1947 to 54 per cent in the 2001 census.
Similarly life expectancy rose from 40.6 years in 1961-71 to 58.1 years during 1981-91 and the
projections for 1991-2001 put it at 62 years. Also the total fertility rate has come down from 5.97
in 1951-61 to 3.3 in 1997 signalling a comparatively greater acceptance of family planning and
late marriage norms, Women's presence in Parliament has increased from 4 per cent in 1952 to
9.02 per cent in 1999 and 8.3 percent in 2004—not very significant. But at the village level and
the district levels, nearly one million women are heads and members of the local self-
government institutions changing the destiny of their own and also that of others—thanks to the
73rd Constitution Amendment.
While the legislative, reformative, educational, health and employment strategies have given
Indian women a significant boost in their struggle for equal rights in the society, a lot is yet to be
done in terms of giving them enough confidence to carry on this struggle further.
REFERENCES
1. Indu Agnihotri and Vina Majumdar, "Changing Terms of Political Discourse", Economic and Political Weekly, July
22, 1995, p. 1869.
2. Madhu Dandavate, "Social Roots of Gender Injustice," Mainstream, December 23, 2000, pp. 23-27.
3. Employment News, "Towards Gender Justice", 8-14 December, 2001.
4. Employment News, "Equality of Women and the Social Mind-set", 2-8 March, 2002. Chapter 68
WOMEN'S POLITICAL
PARTICIPATION IN INDIA
AN AGENDA FOR EMPOWERMENT
Women's empowerment as a phenomenon is not something absolutely new. It has been there
throughout history in almost all societies for a variety of reasons. What could be considered as
new is its increasingly coming out in public, its having been shifted and reshaped from women's
welfare to their development to now women's empowerment, and its being discussed, reported
and critically evaluated. What is rather recent is the identification of the girl children and women
as a special group and the acknowledgement internationally of the importance of specific focus
on the critical and key issues related with the empowerment of women. What is still more recent
is the increasing realisation and recognition that empowering women is absolutely essential,
rather imperative, for familial, societal, national and international development and progress. It
has also been realised and accepted that genuine commitment and efforts have to be made by each
country at the government, non-government and individual levels to work, towards establishing
women's empowerment as nationally and internationally discussed also in U.N. World
Conference on Women and agreed upon the Plan For Action.1
The first ever world conference on women was held in Mexico in 1975 to address the issue of
gender inequality. It was followed by a second world conference on women at Copenhagen in
1980 and a third in Nairobi in 1985. At the U.N. Conference on Environment and Development in
Rio (1992), world leaders accepted women's vital role in achieving sustainable development. At
the World Conference on Human Rights in Vienna (1993), governments acknowledged that
women's rights are human and headed the evidence of widespread violence against women. At
the International Conference on Population and Development in Cairo (1994), women's
empowerment was recognised as a cornerstone for effective population policies. At the world
conference for social Development in Copenhagen (1995), gender equality was recognised as a
prerequisite for the achievement of productive employment, social integration and poverty
eradication. The fourth world conference on women took place in Beijing in September 1995
followed by Beijing + 5 held in Genva in 2000.2
At Mexico, Copenhagen, Nairobi' and Beijing the importance of issues related to the
improvement of the status of women was stressed. From each of these global conferences
emerged a more powerful recognition of the cruical role of women in sustainable development
and protecting the environment; of the human rights of women as an inalienable, integral and
indivisible part of946
INDIAN GOVERNMENT AND POLITICS
of these rights; of health, maternal care and family planning facilities, and of access to education
and information, as essential to the exercise by women of their fundamental rights.
Indeed, in the United Nations, the women's movement has a staunch ally. Starting from the
assertion in the charter, calling for full equality of men and women, the United Nations has
worked with the women's movement to realize this goal of the founding fathers. The Commission
on the Status of Women was one of the first bodies established by the United Nations after its
foundation. Over the past 28 years, world conferences on women, held in Mexico city,
Copenhagan, Nairobi and Beijing, have contributed to the progressive strengthening of the legal,
economic, social and political dimensions of the role of women. In 1979, the General Assembly
adopted the landmark convention for the elimination of all forms of discrimination against
women.
The movement for gender equality the world over has been one of the defining developments of
our time. While women have made significant advances in many societies, women's concerns are
still given second priority almost everywhere. According to the Report of the World Conference
of the UN Decade for Women, Copenhagen, July 1980 : "While Women represent 50 per cent of
the world adult population and a third of official labour force, they perform nearly two-thirds of
all working hours, receive only a tenth of world income and own less than one per cent of the
world property."
This is more than true of India. Despite developmental planning, and the special status accorded
to women in the Indian Constitution, there has not been a substantial qualitative improvement in
the position of a large majority of women living in rural areas.
Empowerment: Meaning
Empowerment has become a fashionable and buzz word. It essentially means decentralisation of
authority and power. It aims at getting participation of deprived sections of people in decision-
making process. In other words giving voice to voiceless. Activists want government to empower
poor people including women by legislative measures and welfare programmes. Unless capacity
is built in these sections in reality, the power is used by others rather than the section for which
they are meant.3
Empowerment may mean equal status to woman, opportunity and freedom to develop herself.
The focus of empowerment is equipping women to be economically independent, self-reliant,
have a positive self-esteem to enable them to face any difficult situation and they should be able
to participate in the process of decision-making.
Empowerment is the process by which the disempowered or powerless people can change their
circumstances and begin to have control over their lives. Empowerment results in a change in the
balance of power, in the living conditions and in the relationships.
Empowerment of Women
The world over women are struggling to break the schackles that bind them and challenging the
unequal distribution of power in society. Transforming the existing in egalitarian pattern of
gender relationships necessitates leadership in the state, markets and civil society—the key
centres of power in the present globalizing economy. It is, therefore, imperative for women to be
in the corridors of power and have the power to negotiate a better deal for themselves, if they are
to influence policy decisions which have an impact upon them. Empower-WOMEN'S POLITICAL
PARTICIPATION IN INDIA
947
ment of women in all spheres, in particular the political sphere is crucial for their advancement
and the foundation of a gender-equal society. Women's political empowerment is premised on
"three fundamental and non-negotiable principles : (a) The equality between women and men; (b)
Women's right to the full development of their potentials; and (c) women's right to self-
representation and self-determination." In empowerment, the key indeed is 'POWER' : it is power
to 'access', 'control' and make 'informed choices'. To use an Indian expression, it is SHAKTI,
which is manifested through the use of a mix of power, effectiveness, capability, force and
influence to challenge and transform the structures and institutions of patriarchal ideology and
existing power relations. According to the Jakarta Declaration, "Epowerment of women is not
only an equity consideration, it was also a necessary precondition for sustainable economic and
social development. Involvement of women in the political arena and in decision-making roles is
an important tool for empowerment as well as monitoring standards of political performance."
The application of the philosophical underpinnings of the Jakarta Declaration are necessary,
because in the countries where women have gained near equal representation such as in the
Scandinavian countries, they have begun to alter the very nature of politics.
:
GENDER JUSTICE i '
Judicial activism in recent years had led to ensuring greater equality for women before the law.
Review of legislation from a gender perspective has begun to bring greater equality for women.
Greater awareness among women; a stronger recognition of women's rights, sustained public
advocacy and effective judicial activism are beginning show some results. The Supreme Court's
landmark judgement in 1997 on a writ petition by some women's groups seeking the enforcement
of the fundamental rights of working women has paved the way for their greater protection from
sexual harassment. The Supreme Court in 1997, also announced a set of guidelines for sexual
harassment for the first time. Court judgements have also started invoking international
conventions like CEDAW to make a stronger case for women's justice. Institutions like the
National Commission for Women and the National Human Rights Commission are carrying out
detailed investigations of injustices against women.
Women are, however virtually invisible in the political sphere. Under representation or
invisibility of women in decision-making reinforces their deprivation, leading to an unequal
distribution of resources, neglect of their interests, needs, perspectives and priorities and now say
in policy-making. Their voices fall in deaf ears, and as Alida Brill vehemently insists, "Without
our own voices being heard inside the government arenas and halls of public policy and debate,
we are without the right of accountability a basic entitlement of those who are governed."
The Road Travelled : From Welfare to Empowerment
In India numerous steps have been undertaken to provide constitutional safeguards and
institutional framework for activities for women welfare. The development of women has been
the central focus in developmental planning since independence. There have been various shifts
in policy approaches during the last 25 years from the concept of "welfare" in the 70s to
"development" in the '80s, and now to "empowerment" in the '90s. Now the emphasis is on the
inclusion of women in decision-making and their participation at the policy 948
INDIAN GOVERNMENT AND POLITICS
The Government of India has declared the year 2001 as year for the empowerment of women, but
the struggle to reach this stage has been long and arduous. The concern for women's political
equality in India first emerged as a political issue during the national movement in which women
were active participants. As early as 1917, Indian women raised the issue of representation in
politics, which at a time meant a demand for universal adult franchise. By 1929 women had the
right to vote on the basis of wifehood, property and education. Under the Government of India
Act, 1935, all women over 21 could vote provided they fulfilled the conditions of property and
education. Post-independence, women continued to play a significant role in less conventional
political activities such as environmental movement, anti-alcohol agitation, peace movement and
even revolutionary activities, which equally affect power relationships as they have the capacity
to influence the state. Yet, politics proved to be a very inhospitable terrain for women and
continues to be the male bastion into which the entry of women is severely restricted.
"Women continue to remain invisible and marginalized in decision-making bodies, leading to
lack of a feminist perspective in political decision-making. It was only with the setting up of the
Committee on the Status of Women in India (CSWI) September, 1971 that the demand for greater
representation of women in political institutions in India was taken up in a systematic way.
Earlier the focus of the growing women's movement had been on improving women's socio-
economic position. The CSWI Report "Towards Equality" (1974) reveals that political parties
have "tended to see the women voters and citizens as appendages of the males ....". It also refers
to the 'tokenism' involved in having a few women in the legislature and executive, who are unable
to act as spokespersons for women's rights on account of their dependent and minority status.
Recognising the 'tokenism' inherent in associating women representatives through election, co-
option or nomination in local bodies, the report suggests a more meaningful association of
women in the structure of local administration.
The question of reservation of seats was left to the National Perspective Plan for women to take
up. It recognised that political participation of women is severely restricted and suggested that a
30 per cent quota for women be introduced at all levels of elective bodies. The process of
reservation was initiated during Rajiv Gandhi's Prime-Ministership. The entire issue took on a
political hue as it became a moot point whether the introduction of reservation at the level of
Panchayats and urban local bodies was really meant to give increased representation to women or
was a populist measure aiming to create a women's constituency at a time when the Congress
Party needed to resurrect its image. These doubts notwithstanding, the 73rd and 74th amendments
to the Indian Constitution in 1993, which provided for 33 percent reservation for women in
Panchayats and Urban Local Bodies. These amendments, as a strategy of affirmative action,
served as a major breakthrough towards ensuring women's equal access and increased
participation in political power structures.'
Thus, women are making significant gains in the political sphere where increased participation is
rapidly empowering women, boosting their confidence, changing perceptions regarding their
contribution, and improving their status and position in society. For instance, political
participation and grassroot democracy have been strengthened considerably by the 73rd and 74th
Constitutional Amendments that have created new democratic institutions for local governance.
By 1999, under the provisions of said Amendments 2,27,698 Gram Panchayats at the village
level, 5,906 Panchayat Samitis at the Block level and
WOMEN'S POLITICAL PARTICIPATION IN INDIA
949
474 Zilla Parishads at the district level had been created. In addition, some 3,586 urban local
bodies had been created. So far, 2.5 million members have been elected to Gram Panchayats,
1,29,871 members have been elected at the Block level to Panchayat Samitis, and another 12,671
members have been elected at the District level as Zilla Parishad members. Reservation of one-
third of all seats for women has been constitutionally ensured in local bodies. The impact of this
has been phenomenal. By 1999, as many as 7,68,582 women had been elected to Gram
Panchayats, and 38,582 women to Panchayat Samitis. Another 4,030 women were elected as Zilla
Parishad representatives.
TABLE 1 WOMEN'S PRESENCE IN THE LOK SABHA
Year Seats Women MPs % Women MPs
1952 499 22 4.41
1957 500 27 5.40
1962 503 34 6.76
1967 523 31 5.93
1971 521 22 4.22
1977 544 19 3.29
1980 544 28 5.15
1984 544 44 8.9
1989 517 27 5.22
1991 544 39 7.17
1996 543 39 7.18
1998 543 43 7.92
1999 543 49 9.02
2004 543 45 8.03
Average 529 33.5 6.33
Women have, however, not found adequate representation in the Lok Sabha. The percentage of
elected women Lok Sabha members has never exceeded 10. Table 1 shows representation of
women in Lok Sabhas since 1952. Average representation of women in Lok Sabha works out to
only 6.13.
The presence of women in the Upper House has been only slightly higher overall, probably due to
indirect elections and nomination of some women members. It was highest in 1990 at 15.5 per
cent and shows a declining trend thereafter. Nonetheless, this representation does not even come
close to the 33 per cent mark (See Table 2). It is significant to note that the Deputy Chairperson
of the Rajya Sabha is a women, yet women face increasing competition from male politicians for
nomination.
TABLE 2 REPRESENTATION OF WOMEN MEMBERS IN RAJYA SABHA
Year Total Seats No. of Women Percentage of
Women
1952 219 16 7.3
1957 237 18 7.6
1962 238 18 7.6
 1967 240 20 8.3
1971 243 17 7.0
1977 244 25 10.2
1980 244 24 9.8
1985 244 28 11.4
1990 245 38 15.5
1996 223 20 9.0
1998 223 19 8.6
ro_____.
• ■ ^ /> T J• 1

950
INDIAN GOVERNMENT AND POLITICS
The number of women contesting election has always been low, as may be seen from
Table 3. The highest number of women contestants has been merely 599 in 1996, while
the number of male contestants has always been in thousands, the highest being 13,353 in
1996. Yet it is encouraging to note that the percentage of winners among women has
consistently been more than that of the men, notwithstanding the fact that more often than
not, the losing seats are offered to women candidates by the respective political parties.
For example, in 1996, only 3.8 per cent of male candidates won, in comparison to 6.7 per
cent of female candidates. Likewise, the percentage of winners was 11.2 per cent for men
and 15.7 per cent for women in 1998 and 12.3 per cent and 17.3 per cent respectively in
1999.
TABLE 3 WOMEN AS CONTESTANTS
Percentage Percentage
Year Males Females Total of males of
females
winning winning
1952 1831 43 1874 26.05 51.16
1957 1473 45 1518 31.7 60.0
1962 1915 70 1985 24.0 50.0
1967 2302 67 2369 21.3 44.8
1971 2698 86 2784 18.5 24.4
1977 2369 70 2439 22.1 27.1
1980 4478 142 4620 11.5 19.7
1984 5406 164 5574 9.2 25.6
1989 5962 198 6160 8.5 13.6
1991 8374 325 8699 5.9 12.0
1996 13353 599 13952 3.8 6.7
1998 4476 274 4750 11.2 15.7
1999 3976 278 4254 12.3 17.3
2004 5080 355 5435 9.8 12.3
[Source : PIB, Ministry of Information and Broadcasting.)
This scenario is also typical of the State level. There are only a few instances of women
holding portfolios of finance, industry, etc., and are mainly relegated to what are
considered 'women specific' departments. The source reveals that the highest percentage
of women in the State Legislative Assemblies has been 10.8 per cent in 1957 in Madhya
Pradesh. Haryana has had the highest average of women in the Assembly at 6.1 per cent
and Manipur, the lowest at 0.3 per cent. The period average varies between a mere 2 per
cent and 6 per cent. Significantly, there seems to be slight or no correlation between
literacy and female representation. Kerala, with its high literacy rate, has a low state
average of 3.6 per cent. Even Rajasthan and Bihar have higher averages at 4.7 per cent
and 4.5 per cent respectively.
The representation of women in Parliaments of various countries of the world is shown in
Table 4. The representation of women in Indian Parliament is lower to the world's
average and is even lower than of Sub-Saharan Africa and Bangladesh.
TABLE 4 REPRESENTATION OF WOMEN IN PARLIAMENT OF VARIOUS COUNTRIES
Countries Single or Upper House Total (Both
Lower House or Senate Houses)
Bangladesh India Nepal 12.4 8.8 5.4 n.a. 8.5 15 12.4 8.7 7.5
Maldives 6.3 n.a. 6.3

WOMEN'S POLITICAL PARTICIPATION IN INDIA

951
Sri Lanka 4.9 n.a. 4.9
Pakistan 2.8 2.3 2.6"
Bhutan 2.0 n.a. 2.0
South Asia (unweighted) 7.4 7.5 7.3
World 13.3 10.6 12.8
Nordic Countries 38.3 n.a. 38.3
Sub-Saharan Africa 11.6 13.2 11.8
East Asia1' 9.5 13.0 10.1
" : Data represents status of Parliaments prior to October 12, 1999. b : East Asian data does not include Indonesia and
Republic of Korea.
\Source : De Silva 1995; GOB 1991 & 1996a; GOI 1998b; GOI 1999b; Gooneratne & Karuneratne
1996; GOP 1998a; HMG Nepal 1999c; and IPU 1999]
The representation of women in the Union Council of Ministers between 1985 and 2004 is shown
in the Table 5. The data show that women have remained poorly represented in Council of
Ministers.
TABLE 5 : REPRESENTATION OF WOMEN IN THE UNION COUNCIL OF MINISTERS (1985-2004)
Number of Ministers Number of Women Ministers
Year Cabinet Minister of Deputy Cabinet Minister of Deputy
Minister State Minister Minister State Ministers
1985 15 25 0 1 3 0
1990 17 17 5 0 1 1
1995 12 37 3 1 4 1
1996 18 21 0 0 1 0
1997 20 24 0 0 5 0
1998 21 21 0 1 3 0
2001 30 7 35 3 2 4
2002 31 45 0 2 5 0
2004 29 39 0 1 6 0
The representation of women in Council of Ministers in the countries of South Asia is given in
the Table 6. Sri Lanka has more women in Cabinet than India.
TABLE 6 : WOMEN IN CABINETS (1999)
Country Women Men Women as % of Men
India 8 76 10.5
Sri Lanka 4 29 13.8
Bangladesh 4 41 9.8
Pakistan 3 26 11.5
Nepal 1 31 3.2
Note : Data for Pakistan refers to situation prior to October 1999.
In 1996, there was only one woman amongst 25 judges in Supreme Court and 15 women in 501
judges of the High Courts. The representation of women in High Courts of countries in South
Asia is shown in the Table 7. Sri Lanka has higher representation of women in High Courts than
India.
TABLE 7 : REPRESENTATION OF WOMEN IN HIGH COURTS IN SOUTH ASIA (1995-2000)
Name of the Country Men Women Women (as a % of men)
Sri Lanka 26 2 7.69
India 488 15 3.07
Bangladesh 45 1 2.22
Pakistan 94 2 2.13
»T 1
1A1

952
INDIAN GOVERNMENT AND POLITICS
In Indian Administrative Service out of 5,047 Officers (1996) only 501 constituting 9.92% were women.
The percentage of women officers serving in Government of India as 1st April, 1997 at Under Secretary,
Deputy Secretary, Director, Joint Secretary, Additional Secretary and Secretary levels respectively was
6.33, 11.89, 17.2, 13, 7.1 and 3.8. In 1995, 15.36% women were employed in organised sector. In 1996,
percentage of female employees in Central Government, State Governments and local bodies was 7.1, 16.6
and 25.6%< respectively.
The representation of women at various levels in services, representative bodies and judiciary as revealed
by data given in this section remains grossly inadequate even after 54 years of working of the Constitution.
Lack of adequate participation of women is not only depriving them of their due share in income but also of
the social benefits that come from women's enhanced status and independence (including the reduction of
mortality and fertility rates). RESERVATION FOR WOMEN IN PARLIAMENT AND STATE
LEGISLATURES
Taking this whole question to its logical conclusion, the demand gathered momentum and the question of
quotas came up again in 1995. This time the focus was on women in Parliament. Initially, most political
parties agreed to introduce 33 percent reservation for women in Parliament and State Legislatures and in
order to attract women voters, the 1996 election manifestoes of almost all the political parties echoed this
demand. But soon doubts surfaced. When the Bill addressing this issue was introduced in the Eleventh Lok
Sabha in 1997, several parties and groups raised objections. The objections focused around two main issues
: first, the issue of overlapping quotas for women in general and those for women of the lower castes;
second, the issue of elitism. The Bill was first introduced by Dev Gowda led United Front Government. But
persistent demands for a sub-quota for other Backward classes and minorities resulted in its being referred
to a Parliamentary Committee headed by Gita Mukherjee, which recommended its passage, rejecting the
demand for sub-quotas, despite differences among members on the various issues involved. The demand
for sub-quotas for OBCs and minorities is seen, again to be merely a way of stalling reservation for women;
there are no instances of political parties having such quotas in their own cadres. The Bill has already been
introduced four times, but is stalled each time. The ugly scenes witnessed in Parliament at the time seem to
indicate a devaluation of the agenda of women's empowerment. Sex as the basis of reservations and the
electoral strategies perceived to be behind the Bill, continue to be contentious issues even among those
strongly committed to the cause of women's empowerment.
Conclusions : It can be conclusively stated that there has been a radical change in the movement for
empowerment of women. Recognition is dawning that women are indeed becoming a political force, both
nationally and internationally. In this context it would be noteworthy to recall the observations of Nobel
Laureate Amartya Sen in his book, "India : Economic Development and Social Opportunity",
"Women's empowerment can positively influence the lives not only of women themselves but
also of men, and of course, those of children."
REFERENCES
1. United Nations—Agenda for Development (United Nations, New York, 1997), pp. 47-49.
2. Platform for Action and the Beijing Declaration (United Nations, Department of Public Information, New York,
1996), pp. 1-4.
3. Promilla Kapur, Empowering the Indian Women (Publications Division, New Delhi, 2001), Preface.
4. V. S. Gupta, "Nation Building and Empowerment of Women", Employment News (11-17 August, 2001), p. 8.
. 5. National Commission to Review the working of the Constitution, A Consultation Paper on "Pace of Socio-
Economic Change under the Constitution." (May 2001), pp. 33-35. Chapter 69
DALIT MOVEMENTS
EMERGING ROLE OF DALITS IN INDIAN POLITICS
Of the new social-cum-political movements, the new Dalit Movement in India has made
significant advances. The new Dalit Movement—its innate character is of a protest movement
seeking social justice and dignity, and its attempt to build electoral majorities on a certain type of
caste mobilization. The Dalit consciousness is by no means limited to the scheduled castes. It has
begun to symbolize a much broader spectre of the oppressed and hitherto excluded social strata.
Dalits are the poor and downtrodden. Phule coined the term 'Bahujan Samaj' and tried to unite all
non-Brahmins. Bahujan Samaj consists of SCs, STs, OBCs and converted minority people. They
constitute 85-90 per cent of the total population.
Dalits have simultaneously followed two paths in the political arena for asserting their demands.
One is agitational politics or direct action through struggles and the other is participation in
parliamentary politics through elections and holding offices in various decision-making
institutions.
Meaning of the Term 'Dalits'
The word 'Dalits' encompasses the communities known as Untouchables and Tiibals who are
officially termed as Scheduled Castes and Scheduled Tribes respectively.
The term is an ancient Marathi word that may be defined as 'ground' or 'broken to pieces'
generally. Dalit usually refers to that portion of the population falling outside the pale of Indian
caste society; those who are traditionally known as the untouchables and tribals. It has been said
that the word was first used in the late nineteenth century by a Marathi social reformer Jotiba
Phule who used it to describe the appalling condition of the untouchables. At the same time, it has
been argued that Dr. Ambedkar first used the term. Regardless, the term did not gain widespread
currency until the arrival of the Dalit Panther movement in the seventies. 2
With the emergence of the Dalit Panther movement, the term Dalit came to have connotations far
beyond the simple meaning given above. Eleanor Zelliot says of the underlying implications of
the word : "Dalit implies those who have been broken, ground down by those above them in a
deliberate, and active way. There is in the word itself an inherent denial of pollution, karma, and
justified, caste hierarchy,"
As a result, the word came to act not only as a definition of a state of degradation, but also as a
significant source of identity and pride. In India, there are approximately 250 million Dalits. This
means that nearly 25% of the population is Dalit. It also means that in a country where every
citizen is constitutionally guaranteed equal rights and equal opportunities, 1 out of 4
l954
INDIAN GOVERNMENT AND POLITICS
A majority of Dalits are poor, deprived of basic needs, and socially backward. Many do
not have access to sufficient amount of food, health care, housing or clothing, Moreover,
caste inequalities continue to be among the most important factors affecting their access
to education.
Though traditional occupations are gradually dissolving, Dalits generally continue to be
concentrated in occupations that render little social status or possibility for social
mobility.
Moreover, it should be noted that caste violence has witnessed a dramatic increase over
the last couple of years in a process that cannot be explained by traditional caste
practices! alone. Modernization has done as much to weaken traditional caste occupations
and practices as it has done to strengthen them. Changing economic and social status has
resulted in a significant shifting of the status quo which, in turn, is at times violently
protected by the members of the upper-castes. The violence is expressed through
unspeakable atrocities such as massacre; rape, and the burning of Dalit houses, schools
and religious places. In short, regardless of constitutional guarantees and official decrees,
the practice of untouchability and exclusion remains an integral part of Indian daily life
even today.
The Dalits are victims of historical wrongs, savaged, brutalised and excluded from the
very notion of citizenship in the classical Chatur-Varna Order. The Dalits' exclusion has
never been uni-dimensional and, therefore, the battle, too, cannot be uni-focal. The
exclusion has been most rampant, visible and painful in the arena of social, economic,
educational, spiritual, religious, in one word, it has been Civilisational. They were neither
allowed to develop any civilisation of their own, nor were they treated as part of the
Chatur-Varna civilisation.
The SC/STs together form one group for two historical reasons. Both the social
categories come from the common ancestors, and quite logically then, both have existed
outside the traditional Chatur-Varna Order, the ideological basis of the organization of
India's classical Social Order. SCs and STs both suffer from the prejudices of the Caste-
Hindus. Dr. Ambedkar had thought it fit to club these two categories while authoring
emancipatory provisions in the Constitution.
As per the 1991 Census Report, 84.63 crore people inhabited India, in which the
Scheduled Castes and Scheduled Tribes (SC/STs) comprised 20.59 crore (13.82 per cent.
SCs, 6.77 per cent. STs), which is 24.32 per cent of the total population. We are using
1991 Census, as figures relating to the SC/STs for 2001 Census are yet to come but we
estimate that the SC/STs should be 25 crores on the basis of the same growth rate as of
1991.
But the January 26, 1950 came as a rupture as a modern Republic came into being,
scripted by the greatest philosopher, Dr. Ambedkar. The Republic was born with a
written promise, mandating the Indian State to chart out a path where civilisational
conflicts, distinctions, mutual hatred and distrust between those within the Varna Order
and those Outside it, in other words, between non-Dalits and Dalits would, by
dismantling both the identities, wither away for ever. The Indian society would, in turn,
evolve into a Civil Order where men and women will be identified by their virtues,
wisdom and worth, and not by their social origin based on birth.
That goal of the Republic remains far from accomplished, i.e., Ambedkar's dreams too
remain unfulfilled. The distinctions, divisions, exclusions andDALIT MOVEMENTS
955
oppressiveness that the cruel past had imposed on the subcontinent, and that legacy continued
pre-destining our existence till January 1940, and the same still forms the destined existence of
the 250 million SC/ST masses even today, the beneficiaries of the Varna Order continue to
benefit, although in little changed forms, and they are averse to negating that historical legacy.
Dr. Ambedkar departed in December 1956, passing the baton to the next generation to achieve
the goals the Republic had set for itself.
Dr. Ambedkar had won three major rights for the SC/Sts :
1. Representation in government jobs and legislative bodies,
2. Free-ships and Scholarships for the SC/ST students, and
3. Reservation in admissions in State-run/aided educational institutions. These are in addition to
a plethora of emancipatory mandates under the
Constitution.
Since his passing away, the SC/STs can hardly claim to have added any new right fought and
won for them. Though in the post-Ambedkar India, there are more SC/STs in government jobs,
more MPs/MLAs, many more graduates as well as organizations working to fulfil his dreams.
The five decades of the Republican experimentation makes it mandatory on our part to redefine
our approach vis-a-vis the State and Society, political organisations, ideas and ideologies of the
Varna Society. It also makes mandatory on our part to re-examine the nature of the Dalit
movements. After all, so much resources, so much time and so much energy are being
invested,.but without any tangible results.
In fact, the situation is so alarming that the SC/STs are not even in any position to defend the
rights which Babasaheb had won for them, leave alone adding any new ones.
' NATURE OF DALIT MOVEMENTS
Dalits, however, do not confine their politics of elections and parliamentary institutions. They
also launch direct collective action and organize movements. Their struggles have so far
successfully forced Indian intellectuals to critically review Indian traditions and culture. They
have exploded a large number of myths created by Brahminical ideology and the western liberal
framework. The Dalit Movement has also successfully built up a great deal of pressure on the
ruling classes and compelled them to give concessions to Dalits. However, the Dalit Movement,
which primarily aims at bringing about revolutionary social transformation, has a long way to go.
It has to rise above more protest and revolt and has to launch a movement for social
transformation. For that it has to develop, as Gail Omvedt asserts, "a broad agenda—a vision of
transformation or development; it has to say why it should and what it has to offer." The main
aspects of the nature of Dalit Movements are as following :
Political
Political mobilisation and Dalits' participation in it have been very important aspects of Dalit
movement in the post-Ambedkar India. There are about 122 MPs elected in each Parliament and
several hundreds of MLAs in state assemblies. The SC/STs have very passionately experimented
with political mobilisation outside the mainstream processes. While this may have definitely
added to their strength, such movements failed to produce any impact. The SC/ST politicians
stated/unstated line of argument has been : "Unless we956"
__ INDIAN GOVERNMENT AND POLITICS
■ The question here to consider is : Did Ambedkar win rights after capturing political power ?
Social
Social movements have been the next most crucial aspect in Dalits' activism, and most
such movements seek annihilation of Varna/Caste Order. Several lakhs of SC/ST
organisations have been active, which may have indeed boosted the community's
confidence, but the Varna/Caste Order remains un-annihilated. "The anti-caste social
organisations tend to emphasise that unless caste or Chaturvarna Order is completely
:
destroyed, the Dalits' suffering will see no end."
■ The question is :
Did Ambedkar earn rights after totally annihilating Varna-Caste Order? Religious
The third largest area of Dalit activism relates to the religious/spiritual question. After the
historic Dhamma-Diksha in October 1955 in Nagpur, where Dr. Ambedkar gave a clarion
call to his followers to leave Hinduism and embrace Buddhism, a considerable energy of
Dalit activism has gone into spreading Buddhism. Historically also, the larger SC/ST
mass have felt suffocated under Hinduism, and whenever an alternate opportunity came,
the community was quick to leave the Hindu fold. Islam and Sikhism are fine examples,
followed by Christianity in the South. But once Dr. Ambedkar chose Buddhism, the focus
shifted to this faith. Since Maharashtra was the motherland of modern-day Dalit
movement with Dr. Ambedkar as the founding father, Buddhism first caught the
imagination of Dalit religious movement in the state. Now, that wave has entered the
Gangetic belt, and a considerable energy is at work to spread Buddhism amongst the
Dalits. This may have definitely helped them to experiment with an alternative
spirituality as opposed to Hinduism, the question, however, remains unexplained as why
the new converts are yet tied with the traditional occupational hierarchy of Hinduism.
The Dalit organisations tend to think that since embracing Buddhism was the last major
act of Babasaheb and, therefore, the final one, unless the Dalits completely come out of
Hinduism, no major emancipatory battle can be won.
■ The question, then, is :
Did Ambedkar win the rights after embracing Buddhism, or, he won rights first, and then embraced
Buddhism?
Literary
Literary activism has occupied a large number of SC/ST minds, resulting in numerous
volumes of poetry, short stories, fiction, autobiographies, biographies of Dr. Ambedkar
and other SC/ST heroes and legends. Research into history spurted and this has acquired
a pan-India phenomenon. A large number of journals brought out by these groups
regularly reflect the minds of the contemporary SC/STs, and several of their
publication/distribution organizations are taking the message to the literate SC/ST
masses. This only shows that the oppressed are hungry for knowledge, and want to take
their social tormentors to task. The literary activist, tends to believe that his/her activism

is the purest and often sees other similar Dalit activism with a bit of contempt.
DALIT MOVEMENTS
1=
957
^ Dalits' ac-"aste Order. have indeed remains un-) that unless offering will
|ste Order?
s/spiritual igpur, where jtnd embrace jo spreading Seated under tmunity was j.es, followed |rn, the focus
modern-day Idhism first w, that wave fk to spread sm to experi-tie question, ied with the Bations tend f
Babasaheb if Hinduism,
n rights first,
Is, resulting biographies, }s. Research (ion. A large Hie minds of ribution or-s. This only o take
their that his/her jvith a bit of
■ The question is :
"Why has the post-Ambedkar Dalit generation not produced a single book which has an all India
acceptance even amongst Dalits, comparable with Ambedkar's "State and Minorities" or "Who
were Shudras"?
Cultural
While the SC/STs have always confronted the Varna's Cultural System and sought to elaborate
their own, but comparatively less energy and resources have gone into this area. They are yet to
conceptualise their Cultural System, and this movement has just begun gaining the ground.
NGO-HUMAN RIGHTS GROUPS
The NGO activism, focused on Dalit Human Rights, is a brand new and welcome development.
Such organisations often headed by Dalit-Christians have infused a new blood into their
movements. The Dalit-Christians are the first ones amongst large SC/ST masses who had an early
breakthrough in English medium schooling, were more or less away from Dalit movements. Now
they are entering into Dalit activism, and that is a healthy development. But, the excessive
emphasis on atrocity-related issues tends to dilute the focus of the mass movements. They have to
realize that atrocities are symptoms of a larger disease and unless SC/ST's overall educational-
economic conditions improve, atrocities will continue.
DEVELOPMENTAL ACTIVISM
While the SC/STs have to battle on all fields : political, social, economic, educational, religious,
literary, cultural, etc. and must regard all movements with respect, the community cannot move
ahead by ignoring the Developmental Question. They must see all the movements as
complementing each other. They must prioritise the area of activism, as spending energy on
several fronts simultaneously may turn out be a wastage.
Developmental activism is crucial for two reasons :
First, it is this aspect of Dalit activism which is not as yet experimented with; and,
Second, all those who are involved in the Dalit movements meet one basic criterion : most are
educated, have some source of income, housing facility, etc.
Thus, those involved in activism must seriously consider the option of exploring a situation
whereby the masses at least get into that educational/economic level of development which they
themselves have achieved.
These dreams are good and even better are the dreams of SC/Sts turning into ruling castes, or
completely annihilating Varna/Caste Order, or liberating entire SC/ST masses from the fold of
Hinduism. These should be the ideals of all Dalit movements but, at times, ideals look
unachievable unless solid foundation is laid. Until then, harbouring empty dreams leads to
pessimism and frustration. Because the masses are battling for basic human existence : education,
honourable livelihood, sustainable income, housing, proper health care and basic human rights.
And the country's leadership must take up all these issues on a priority basis.
DALITS AND THE ISSUES OF RESERVATIONS
In almost all Dalit mnvpmpnts fHe> iaano nf rocorvotimio l-ioo Knm r.m958
INDIAN GOVERNMENT AND POLITICS
Apart from reservations in government jobs and in legislature, and some support in education in
the form of scholarships and free-ships, the SC/STs have not got anything worth the mention
from the State or the Society !
The schemes such as poverty alleviation or empowering the community through microloans such
as cow, goat, pig-rearing etc., or opening small roadside shops did not result in anything
substantial. Thus, the total reliance on reservations as a tool of progress continued to shape the
consciousness of the SC/ST masses.
The excessive belief in reservations is propelled from the fact that the SC/ST quota in most
departments of State remains unfulfilled. This phenomenon further re-enforces the belief that
since the SC/ST quota remains unfulfilled, the Dalits' progress too remains halted.
While the Dalit movement must strive to achieve complete fulfilment of the quota, we at the same
time, must understand the limited role the reservations in government jobs has in SC/ST's
progress and emancipation. Unless we have understood it, it would be difficult to mould the
direction of the movements towards the desired goal.
Limits of Reservations
Assuming that the government, within a time-frame, filled the quota completely, how many
SC/STs can get employment?
According to the Annual Report of the Union Ministry of Labour 2000-2001, the total number of
jobs under the State (Union Government, Public Sector Enterprises, state governments, local
bodies) are 1.94 crore (one crore and ninety-four lakh). That means, if the SC/ST's total existing
quota of 22.50 per cent is given to them, the total number of their employees cannot be beyond 45
lakh, which, if multiplied by 5 (assuming that every SC/ST employed under State caters to a
family of five), the benefits cannot reach beyond a population of 2.25 crore.
What about the rest of 18 crores? <
If Reservations Extended to the Private Sector?
The more educated SC/STs, aware of the inadequacy of jobs under the State, are talking of
extending the right of reservation to private sector as well. While this is a laudable development,
as it is a next step forward in SC/STs advancement, we must, however, understand the limitations
of this sector as well.
According to the Annual Report of the Union Labour Ministry, the total employment under
private sector is a mere 86.98 lakh (eighty-six lakh and ninety eight thousand). Thus, even if
SC/STs achieve this right, and the private sector religiously follows the policy of reservations and
implements it in toto, an additional 19.57 lakh jobs will go to the SC/STs. And in this, already
few lakh of them may be employed in unskilled/semi-skilled positions. Thus, if 19.57 lakhs
multiplied by 5, the benefit can cover another 97.85 lakh SC/STs.
Then, still about 18 crore SC/STs are left untouched ! This exemplifies the limits of reservations
and also the limits of reservation-driven SC/ST movements!
Total Employment in Organized Sector as on 31-03-1999 (in lakhs) Public Sector
194.11
Private Sector 086.98
Total 281.09DALIT MOVEMENTS
959
SC/STs Share 063.24
SC/STs Main Workforce 783.49
Educated unemployed SC/STs 063.00
As we can see, in the combined employment strength of both the public and private sectors, the
SC/STs' share comes to 63.24 lakh, and already, there are 63 lakh educated/skilled unemployed
SC/STs waiting for jobs. And, according to our conservative estimate, around 15.00% positions
(42.16 lakh) under both public and private sectors combined are already in SC/ST hands, and thus
there remain only about 21 lakh positions vacant for SC/STs.
And considering the huge 783.49 lakh SC/STs counted as Main Workers, the reservations cannot
uplift the community from its existing economic conditions.
BEYOND RESERVATIONS
Before drafting an agenda of SC/STs' emancipation, the country must keep the following
dynamics of Indian economy in mind :
(a) That, according to National Sample Survey (1993-94), of the total Main Workforce in India,
only about 8 per cent is in or organized sector, and the rest 92 per cent in unorganized sector. The
organized sector is one where SC/STs can have a breathing space-job-secruity, better wages,
provisions to protect rights, better working conditions, and better living conditions. But this
Sector has a very little space, can accommodate a very small proportion of SC/ST Main
Workforce.
(b) That means, SC/STs have to press for a total democratisation of the unorganized sector,
which accounts for mainly agriculture and related activities.
(c)
(d)
We must also recognize the fact that changes in India cannot be abrupt—changes will be more
evolutionary than revolutionary.
The SC/STs will also have to keep in mind that the community is unlikely to capture political
power on its own—the community must recognize the fundamental nature of its existence; that is
of being a social minority.
(e) The SC/STs must, therefore, look for a "Share in Political Power Structure", and work to
create conditions where no SC/ST is identified by his/her traditional occupation, as the "linkage
between occupation and Varna/Caste and vice-versa has been the flesh and blood of the Chatur-
Varna Order".
Then How to Move Ahead?
Name any SC/ST who has earned some breathing space in India today. Whether it is government
servants, politicians, businessmen and women, social workers, etc., education has played a key
role in shaping their new lives. Any SC/ST who comes out of the traditional caste-based
occupation, enters a new phase of life.
And all those Dalits, who enjoy a breathing space today, are those who have successfully de-
linked themselves from the caste-based occupations imposed on them. While education is
necessary for every SC/ST irrespective of the fact that whether it helps emancipating one from
traditional occupations, he/she must960"
_____INDIAN ?OVERNMBrrANp_POLITICS
Dalit Assertion through Electoral Politics
The Lok Sabha and various State Assembly elections held in the decade 1990-2004 show that the
voter turn out of the Dalit social groups has increased. Further, these groups are asserting their
autonomous Dalit-Bahujan identity. Dalit-Bahujan Samaj is a powerful force in the politics of the
1990s and their demands have to be on the centre stage of the political agenda. The party like the
BJP has been compelled to respond to the new assertion of the Dalit-Bahujan Samaj by
appropriating even the Mandal formula and forging alliance with Mayawati's BSP in UP. BSP's
improved performance has been one of the indicators of the Dalit assertion. This is a typical case
of the SC assertion in electoral politics through a party which mainly has a base among them. In
the States of UP, Haryana, Madhya Pradesh and Punjab, the party performed exceedingly well.
Particularly in UP, it performed, exceptional well, both in terms of the vote share and the number
of seats won. BSP's vote share has shown a steady increase. During the 1999 Lok Sabha elections
it contested 225 seats, won 14 and secured 4.23 per cent of the total valid votes, hi February 2002
elections of the UP Assembly, the BSP won 97 seats and latter on formed coalition government
under the leadership of Mayawati.
During the April-May 2004 Lok Sabha elections in UP alone the BSP won 19 seats with 24.7 per
cent votes. Now the party is in the category of National parties with 5.33 per cent votes at
national level. The BSP has retained its traditional support among the Dalits. Among the
Community 71 per cent voted for the party. The BSP has also gained significant support among
the OBCs.
Second, an important explanation for the growing decline of the Congress Jies in its failure to
continue with the Indira Gandhi model of social coalition in which the Muslim minority and the
Dalits had a significant position. The Dalits looked towards Mrs. Gandhi as 'Mother'who would
care for their interests. This protective umbrella role of the Congress collapsed because the Rajiv
Gandhi Government was identified with the emerging "yuppie" class and the Narasimha Rao
Government because of its new economic policy got projected as 'pro-rich' and 'anti-poor'.
While these facts only prove that Dalit politics has come to occupy a central position in the 1980s
and 1990s, a further analysis may be made to understand the complex and contradictory inside
story of Dalit-Bahujan politics. The Hindi heartland came face-to-face with the new challenge of
Dalit social forces because of land reforms and the constitutional provisions for the reservation of
seats in every public institution for Scheduled Castes and Scheduled Tribes. The beneficiaries of
land reforms in UP, Bihar, etc., were the middle peasant backward castes and reservations in
public institutions gave birth to a Dalit elite who were upwardly mobile. While the post-Mrs.
Gandhi Congress leadership failed to respond to this silent social transformation, independent
leaders from backward-Dalit social formations emerged and formed their own political parties.
Mulayam Singh Yadav, Laloo Prasad Yadav, Ram Vilas Paswan and others floated all kinds of
Janta Dais while the Kanshi Ram-Mayawati duo established a separate party for the Bahujan
Samaj because social contradictions in India are not only between the high castes and the others,
but are very much present between the other backward castes, the Dalits and the real Dalits. This
development of backward-Dalit-Bahujan politics in north India has revealed that the two largest
States of the Hindi region are witnessing the elimination of an umbrella party like the Congress
and its replacement by caste and sub-caste formations and Leaders. UP and Bihar are witnessing
only caste politics and caste competition around caste leaders and caste-based parties. The BSP
cannot align with Mulayam Singh Yadav in UP or Laloo Prasad Yadav and Ram Vilas Paswan in
Bihar because there is a fundamental antagonism among\
________________________________DALIT MOVEMENTS_____________________________961
the multiple fragmented Dalit-Bahujan groups and leaders of the intermediate castes who
promote interests which directly hurt the interests of those sections of the Dalits who are
represented by the Yadavs or Paswans, etc. While the Dalit-Bahujan Samaj has emerged
to fight against caste oppression and caste exploitation and the villages of UP and Bihar,
the real Dalits or Jatavs are oppressed by the middle peasant backward castes like Yadavs
or Jats in western
Uttar Pradesh.
At the end of the 1990s, Mulayam Singh or Laloo Prasad or Kanshi Ram feel helpless
because a fragmented Dalit-Bahujan Samaj cannot win the majority of the State
Assembly and the Lok Sabha seats on their own. Caste politics has not brought political
dividends to Dalit-Bahujan leaders because it has fragmented every caste group
including the Dalit-Bahujan Samaj. If, on one hand, the party of the Hindu Brahminical
social order has woken up to the reality of conscious Dalit-Bahujans, on the other hand,
pure Dalit-Bahujan XDolitical parties are struggling to establish their dominant position
in the politics of UP and Bihar. Caste exclusion in politics is a multi-edged weapon which
makes every sub-caste project its exclusive identity. The Yadavs of UP cannot complaint
if the Jatav also parade their separate Dalit caste identity
and compete for political power.
The politics of Dalit-Bahujan Samaj tells a different story in other parts of India
compared to the Hindu region since anti-Brahmin social reform movements preceded the
politicisation of Dalit-Bahujan politics. E. V. Rama-swamy Naiker led a renaissance
movement based on an anti-temple, anti-God social platform to awaken the oppressed
castes from the influence of Brahmins and priests. Similarly, in Maharashtra, social
reform preceded political activisa-tion of the Dalits. Dalit poetry and drama and Dalit
education emerged as the platform for Dalit awakening. Such efforts of Dalit social
reformists in Maharashtra created a level of awakening so that the Dalits maintained a
distance from the Congress because Maharashtra Congress was identified with the
Brahminical leadership of Bal Gangadhar Tilak.
The story of Dalit reform in Tamil Nadu and Maharashtra has a lesson for all Dalit-
Bahujan parties. Political assertion of the Dalits is a necessary but not a sufficient
condition for Dalit-Bahujan emancipation. It is a flawed political agenda of the Dalit-
Bahujan leaders that political empowerment will necessarily lead to their social and
economic empowerment. Politics in democracy is an important activity for securing the
rights of equality as a citizen but Dalit-Bahujan Samaj cannot achieve such equality
because a powerful anti-Dalit Hindu Brahminical social order precedes the operation of
the universal adult
franchise-based democracy.
Dalit-Bahujan parties and leaders should make use of every political and public
institution for protecting their rights and social dignity, but along with this they should
launch a renaissance movement with other socially enlightened 'S irrespective of their
caste affiliations.
' ■""•'•♦c ■ 51-Point Action Agenda for the 21st Century
1IHJ J_IJHWJ__

unanimously a new 21-pomt Atuuu ».o_.

highlights of the Agenda are as :3
1. Ensure that each Dalit family will own enough cultivable land for socio-economic
well-being. The government should pursue all possible measures including the
distribution of surplus land, government revenue lands and temple lands within a specific
time frame. If the962
INDIAN GOVERNMENT AND POLITICS
need be, the government should purchase cultivable land and distribute it among Dalits.
2. Enact legislation and enforce it stringently to enable Dalits have an equitable share in the
appropriation and use of the rural and urban common property resources. The law must be
amended to ensure that lengthy litigation, with the ulterior motive of denying Dalits of legal
redressal, is not resorted to.
3. Enact legislation and enforce the right of Dalit agricultural labourers to living wages, to
gender parity in wages, to job security, to better working conditions and welfare measures, and
ensure punitive measures against offenders.
4. Appoint Statutory Committees at the national and state level to identify within specified time-
frame all the Dalit lands occupied by non-Dalits, to assess the quantum of compensation to be
paid by non-Dalits for their illegal utilization of lands, to identify the original owners and their
nearest kith and kin for restoring these lands back to them, to expedite legal proceedings in courts
specially appointed for this purpose against the illegal occupants and to ensure punitive measures
against them.
5. Ensure the restoration of the alienated lands to the tribals, restore their rights over forest and
forest-produce, provide them with compensation and rehabiliation measures, extend resources
and capacity building measures for gainful utilization of their lands and forests and make those
Dalits displaced due to construction of dams/developmental projects and mining as shareholders
of such enterprises.
6. Democratise Capital so as to ensure proportionate share for SCs and STs. Make budgetary
allocation for SCs and STs to enable them enter the market economy with adequate investment
resources, and develop their capacities and skills for such market enterprises.
7. Enforce with stringent measures the Bonded Labour System (Abolition) Act, 1976 and
abolish forthwith child labour to ensure freedom with dignity for all Dalits, and accordingly make
suitable amendments in the appropriate legislations.
8. Amend Art. 21 of the Constitution of India so as to include the following rights for all
citizens, with special emphasis on SCs and STs, and on the basis of two criteria : namely, low-
economic income and without religious discrimination : the rights to a standard of living adequate
for the health and well-being of women and men equally, including food, safe drinking water,
clothing, housing, public health and medical care, social security and social services; the right to
living-wage and the right to own 5 acres of cultivable land or to gainful employment.
9. Implement compulsory, free and high quality education for all Dalits immediately, make
allocation of funds proportionate to the number and level of the literates, ensure compensation to
those families which forfeit their income from child-labour, increase the number and amount of
scholarships, and provide better infrastructural facilities in SC and ST schools and offer market-
oriented vocational and technical education.
10. Make the reservation quota applicable in all the public and private educational institutions
from primary to technical and professional levels. Every SC/ST child with low income-base must
be given qualityDALIT MOVEMENTS
963
free-education at the State's expense. And every English medium school must implement
Diversity in Admissions.
11. Recognize SC and ST women as a distinct category among women, and accordingly make
segregated data on Dalit women available in census reports, action taken reports and progress
reports, evolve national and state-level perspective plans for mainstreaming SC and ST women in
developmental programmes, market enterprises, financial allocation, reservation facilities in
education, employment and health facilities, and mandate the National and State Commissions
for SCs and STs and for Women to study and report specifically the status of SC and ST women
in their annual reports.
12. Implement effectively in letter and spirit the SC and ST (Prevention of Atrocities) Act, 1989
& Rules, 1995, especially with regard to atrocities against Dalit women, and accordingly
prosecute the dominant caste leaders and their minions who stoke the fire of caste clashes and
the police officials acting in connivance with them. In cases of atrocities against SC/STs, a
system of collective punishment has to be evolved as oppressors enjoy community's support and
protection and escape the law.
13. Ensure Diversity or SC/STs' due representation in all public institutions of India, whether
universities or academic or autonomous or registered bodies. Those institutions, which do not
abide by the principle of Affirmative Action, must lose recognition and state funding. All private
industry/corporate houses must accept and implement Diversity in workforce immediately.
14. Ensure that in all state and national budgets allocations are made as per the proportion of SC
and ST population and penal action taken against unutilisation or diversion of funds meant for
these sections.
15. Every government and private organization must implement Supplier Diversity from
socially disadvantaged businesses and Dealership Diversity in all goods and services.
16. The State must assume sole responsibility in protecting the SCs and STs. The State must
identify those atrocity-prone areas and deploy forces. In addition, provide arms licences to the
SCs & STs and stipulated in the Atrocities Act for self-defence purposes, make the setting up of
Dalit self-defence groups from village onwards mandatory, and specially train Dalit women to
handle weapons in self-defence against the perpetrators of crimes and atrocities.
17. Eliminate the humiliating practice of manual scavenging on an urgent footing through
effective rehabilitation, alternative and sustainable employment measures and developmental
programmes, and prosecute violators of the Employment of Manual Scavengers and Construction
of Dry Latrines (Prohibition) Act, 1993, especially the gross violators Railways, Defence, Urban
Local Bodies and others.
18. Make it statutory for Parliament and state assemblies to debate on the annual reports of the
national and state-level Commissions for SC/STs and Safai Karamcharis within the following
year, and ensure that these annual reports and the action-taken reports are made public. And
ensure that the action is taken under clear statutory stipulations.
19 Make affirmative action mandatory in all private institutions, includ-any form—from land at
concessional rate to tax benefits etc. and also develop the capacities and skills of Dalits to help
them meet the demands of these different sectors.
20. Implement the policy of reservation to SC/STs at all levels of Judiciary and defence forces.
And make transparent appointment process in Judiciary by doing away with the nomination
system.
21. Bring out a Truth Paper in two years on the status of reservation during the past 25 years and
place it before Parliament and state assemblies for debate, and on a war-footing fill immediately
all the backlog posts meant for Dalits and that, too, only with Dalit candidates.
Conclusions : ■. ■
In brief, the Dalit Movement must emerge as a movement for genuine emancipation, aligning
with all social action groups engaged in a politics of transformation, mobilizing them all for a
fundamental defeat of the Brahmanic social order.
The real protection of the Dalits as also of other underprivileged sections in the community lies in
their being organised and led in active mass movement committed to awaken and activate them in
defence of their interests. This is a task which has always been the primary responsibility of
political parties committed to socio-economic transformation of our present set-up. 4
REFERENCES
1. Rajni Kothari, "Rise of Dalits and the Renewed Debate on Caste", in Parth Chatterjee, State and Politics in India
(edited) Oxford University Press, 1998.
2. The Bhopal Document: Charting a New Course for Dalits for the 21st Century, 2002, p. 15.
3. The Bhopal Declaration (Bhopal Conference, Bhopal, Madhya Pradesh, 12-13 January, 2002), pp. 2-4.
4. P. N. Benjamin, "Dalits as NGOs' Common Folder". The Hindu, August 28, 2001. Chapter 70
THE CASE FOR PRESIDENTIAL
SYSTEM
Parliamentary form of government has been the key feature of the Indian political system; its
inception having taken place under the British rule itself. It became an explicit announced policy
under the Government of India Act, 1919 and subsequent enactments. When India emerged as an
independent nation in 1947, it already had the experience of operating parliamentary institutions,
and thus, in a sense, the decision of the Constituent Assembly of India may be said to have been
pre-empted by the British. By planting institutions and processes of parliamentary democracy in
India, the British rulers had trained the Indians in parliamentarism. When the Indian leaders were
called upon to choose a form of government, they naturally chose that form with which they were
familiar, namely, the Westminster model of democracy. The political reality appears to be that the
Indian psyche has found itself in harmony with the parliamentary form of government. 1
For the past one and half year and more, the political debate had been gathering momentum with
parties speaking out for and against a review of the constitution. In fact, the "debate" began the
day the Prime Minister announced his Government's decision to appoint a review commission
January 27, 2000, in the Central Hall of Parliament at a function to mark the golden jubilee of
India having become a Republic. Immediately after the Prime Minister spoke, the President, Mr.
K. R. Narayanan, virtually countered the arguments given by the Prime Minister in favour of such
a review. The President wondered whether it was the constitution that had failed us or "we" who
had failed the constitution?
While the contours of the 'review' the Vajpayee regime has in mind are yet to be delineated
clearly, the context in which the idea came to be floated by the BJP and the pronouncements its
spokesman make from time to time leave none in doubt that the exercise is mainly intended to
ensure (governmental) stability, the need for which in the words of Mr. Vajpayee, has been felt
"actually" both at the centre and state levels. The changes being canvassed vigorously in this
context include a guaranteed five year tenure for the Lok Sabha and state Assemblies and a
constrictive vote of no-confidence against as incumbent government besides a more stringent
anti-defection law. The fact that some leaders in the present coalition had on occasion voiced
their preference for a Presidential form of government had been taken by some as signs of a
larger design. Why India Adopted Parliamentary System?
The decision to adopt the Parliamentary system was the result of a long discussion in the
Assembly in one of its earlier sessions. It had in its support the favourable recommendation of the
Constitution Committee (for the Union966
INDIAN GOVERNMENT AND POLITICS
Government) presided over by Nehru. The two issues which were raised during the discussions
were : (1) What would make for the strongest executive consistent with a democratic
constitutional structure? (2) What was the form of executive which was suited to the conditions of
this country? Giving his view in answer to these questions, KM. Munshi said :
"The strongest government and the most elastic executive have been found to be in England and
that is because the executive powers vest in the Cabinet supported by a majority in the Lower
House which has financial powers under the Constitution. As a result, it is the rule of the majority
in the legislature; for it supports its leaders in the cabinet, which advises the head of the State,
namely, the King. The King is thus placed above party. He is made really the symbol of the
impartial dignity of the Constitution. The Government in England is found strong and elastic
under all circumstances......."
"We must not forget a most important fact that, during the last hundred years, Indian public life
has largely drawn upon the traditions of British Constitutional law. Most of us have looked up to
the British model as the best. For the last thirty or forty years, some kind of responsibility has
been introduced in the governance of this country. Our constitutional traditions have become
parliamentary and we have now all our provinces functioning more or less on the British model.
Today, the Dominion Government of India is functioning as a full-fledged parliamentary
government. After this experience, why should we go back upon the tradition that has been built
for over a hundred years and try a novel experiment......?"
On 7 June, 1947, the Union Constitution Committee after holding a joint meeting to determine
the basic principles of the Constitution, concluded that "it would suit the conditions of this
country better to adopt the Parliamentary system of Constitution, the British type of Constitution,
with which we are familiar."2
The architects of the Constitution were familiar with the alternative models of democracy; they
chose the parliamentary model after careful weighing the merits and demerits of the other forms
of government. K.T. Shah, for instance, expressed his preference for the American Presidential
model and even worked for its adoption in India. On December 10, 1948 he moved the following
amendment to the Constitution : "The sovereign executive power and authority of the Union shall
be vested in the President, and shall be exercised by him in accordance with the laws made
thereunder and in force for the time being." This amendment hardly received any support;
consequently, it was rejected. The two main arguments against the switch over were as follows :
India was accustomed to the Parliamentary form of government and the presidential system was
plagued by differences and dead-locks between the executive and the legislature, which made the
functioning of the government difficult.
Jawahar Lai Nehru highlighted the merits of Parliamentary system as follows : (1) We chose this
system in keeping with our own old traditions; (2) Parliamentary democracy involves peaceful
methods of action, peaceful acceptance of decisions taken and attempts to change them through
peaceful ways again. "We prize the Parliamentary form of government because it is a peaceful
method of dealing with problems. It is a method of argument, discussion and decision, and of
accepting that decision, even though one may not agree with it."3 Parliamentary system prevent a
conflict between the legislature and executive and promotes harmony between the different Darts
nf flic, rr^r---------THE CASE FOR PRESIDENTIAL SYSTEM
967
i view
tal system.4 The Parliamentary system of government, with all its failings, has the virtue that it
can fit in with the changing pattern of life.
Failures of the Parliamentary System
It would be wrong to describe Parliamentary democracy as having been derailed in India, but it
has been moving on a weak track with the direction and the destination giving rise to doubts.
"Whither Democracy" is a question that is being widely asked today. Democracy seems, indeed,
to be at the cross-roads today. We hear cries of democracy being in danger and freedom in peril,
the constitution on fire and the country going to the dogs. Our democracy is under very severe
strain. The electoral process is increasingly dominated by money and muscle, not the mind.
Reasoned debate has all but disappeared from our legislatures. The judiciary inspires little
confidence. The bureaucracy is being mauled and corrupted. Corruption is no longer on the 'retail'
scale. It is beginning to assume 'wholesale' proportions. The political-industiral-bureauc-ratic
combine and the grip on our system is alarming. The major failures of the Parliamentary system
are :
1. Decline of Parliament
While Pandit Nehru, a true democrat at heart, built-up and preserved the high traditions of
Parliament, his authoritarian daughter, Indira, made it an institution subservient to her will to put
the stamp of approval and carry out whatever she wished to do. Such was her dominant
personality and so servile were her courtiers in her party that during her period Parliament lost
much of its stature.
2. Decline in Quality of Our Representatives
Those who make the laws of the country have to be capable, earnest and above board, but from
the idealistic yardstick most of them, whether in the Parliament or in the State legislatures, are
found sadly wanting. Instead of being above the average in their quality and integrity, they are
often below the standards. Mahatma Gandhi wanted that politicians and those who govern should
be of the highest moral calibre and imbued with a spirit of service, but hardly anyone measures
up to these expectations now-a-days. There has been progressive deterioration in the quality of
our politicians and legislators which is, of course, part of the general degradation of our public
life in various spheres.
3. Decline in Quality of Debates
There should be vigorous and healthy debates over issues in the Parliament. The traditions in the
Parliament in this respect have sadly come down. We no longer have the type of intellectuals and
stimulating debates of the time of the stalwarts like G.B. Pant, Nath Pai, Ram Manohar Lohia,
Jyotirmay Basu, Hiren Mukherjee, H.V. Kamath to mention only a few. Parliament is such an
institution where the procedures have to be duly followed and the high tradition should not be
broken. But now-a-days often the debates in Parliament degenerate into party squabbles, there
being no decorum and violent and undignified scenes taking pace. Often the Speaker has
difficulty in keeping order. Sometimes the Speaker himself has been found partisan or incapable.
With such goings on, the Lok Sabha is sometimes brought into a ridiculous position and even
becomes an object of contempt.
In March-April 2001, the Parliament has been disrupted for days over the impasse relating to the
Tehelka tapes expose. Reflective of the political logjam in Parliament, even the Lok Sabha passed
the Railway Budget without any discussion. The House took just 15 minutes to pass the Railway
Budget by a voice vote, "Since in the prevailing atmosphere it is not possible to either have 1
]
- r —.«■—•!-„ „,» +^ ^mfo r-n+ mntinns T am constrained
968
INDIAN GOVERNMENT AND POLITICS
to straightway put the demand for grants to the vote of the House," observed Mr. Balayogi, the
speaker, before asking the Railway Minister, to get on with the formalities.
The Hindu (April 27, 2001) observes :
The Lok Sabha today (April 26, 2001) witnessed a five-hour long discussion on the 'problems
faced by farmers' during which the average attendance in the 540-member House was not more
than 30. None of the sworn farmer leaders in the opposition including Mr. Sharad Pawar and Mr.
Mulayam Singh Yadav put in an appearance during the discussion. Even on the Government side,
but for the Union Agriculture Minister, Mr. Nitish Kumar who had to reply to the discussion and
the Petroleum Minister, Mr. Ram Naik, no Cabinet rank Minister showed up for the debate.
The Leader of the Opposition, Ms. Sonia Gandhi, who had moved an adjournment motion in
March on the plight of the farmers and had preceded the move with a rally at Ramlila Ground to
emphasise her party's concern for farmers, opposed to the Government's indifference, came to the
House during the discussion for about 15 minutes only to hear out the Parliamentary Affairs
Minister, Mr. Pramod Mahajan, announce the setting up of the JPC on the Stock Market scam.
She was accompanied by Mr. Madhav Rao Scindia and Mr. Jaipal Reddy. The trio left
immediately after the declaration. The level of the discussion never really sparkled.
On August 26, 2004, Parliament approved the 2004-05 Union Budget without discussion. The
Hindu (August 27, 2004) observes,
"Since there was no discussion on the provisions of the Finance Bill......
the continuing stand off between the ruling alliance and the Opposition NDA ensured that there
was no debate on the performance of the various Ministries and their demands for the current
year or on the taxation proposals of the budget." 4. Legislatures as agents of Vested Interests
Parliamentary and legislative life as a whole came down from its earlier higher standards. A
career in the Parliament or State Legislatures, in the absence of patriotism or idealism, was turned
more into a professional and money making proposition. Lobbying by Parliamentarians became a
common practice. They were no longer the promoters of national interests which should be their
real mission if politics is to be a noble pursuit for the public weal and not a profession. Members
of Parliament and state legislatures began to be increasingly made use of by big industrial houses
and rich businessmen towards their own ends taking advantage of their proximity to and
influence with those in power. The JMM bribery case in which the CBI chargesheeted and
arrested the four JMM MPs for allegedly receiving Rs. 1.90 crore to support the ruling Congress
Party in July 1993 to vote against the no confidence motion is an unique example of MPs acting
as agents of vested interests. 5. Defections
India evolved its own brand and pattern of defection politics, the motives being partisan, personal
and selfish, the principles being a secondary consideration. In Indira Gandhi's reign, defection
became a regular unscrupulous method of political engineering hardly distinguishable from open
horse-trading by which those who crossed over were amply rewarded in terms of money or
position or power. There was no pretension of ideology or conviction, the purpose being only to
further the interests of the party or the person in power. Bhajanlal provided the most glariner
oxamnlps r>f tv>r. ^~™~i— . !•■■THE CASE FOR PRESIDENTIAL SYSTEM
969
which Indira Gandhi had become the most successful practitioner. Such wholesale and mercenary
defections made a farce of our democracy and party system and not only brought down our
parliamentary traditions, but shook the faith of our people in these institutions, which was a most
undesirable and unhealthy development.
6. Criminalisation of Politics
In some parts of the country like Bihar and Uttar Pradesh, the writ of the dacoits or local leader or
Mafia Chiefs of different description runs as much as or move than that of the police. In the
Dhanbad Coal belt, for example, Mafia bosses have been ruling the roost. Often the politicians of
various parties and the anti-social elements are hands in glove and they have been spreading
virtual terror in the countryside. The Mafia and other Chiefs actually rule the territories, their
empire built with the help of terror and extortion, an outstanding example being that of Suryadeo
Singh, described as the undisputed King of Dhanbad, whose recent trial proved a big public
event. It is also not a secret that the Ruling Party and the Government themselves have been in
league with these anti-social elements for furthering their selfish political and personal ends. Just
as there is a parallel economy in the country, there are even parallel Governments whose writs
run large. All this has become an integral part of the country's politico-economic system.
The much talked report of the Vohra Committee categorically points out that the crime syndicates
and Mafia Organisations had developed significant muscle and money power and established
linkages with governmental functionaries, Political leaders and others. It said "that the mafia
network was virtually running a parallel government, pushing the state apparatus into
irrelevance." Entry of criminals into the legislature is a new trend of Indian politics. In 1977, the
Bihar Assembly had 10 MLAs who were history-sheeters; by 1990, there were 40. In Uttar
Pradesh, over 180 of the 425 MLAs have criminal cases pending against them. In August 1997
the Election Commissioner G. V. G. Krishnamurty has observed that as per records, 40 members
of Parliament have criminal cases pending against them while nearly 700 members of state
assemblies out of 4,072 are named in criminal cases. The Election Commission's affidavit lists
around 100 MPs in the 14th Lok Sabha with criminal charges against them. One-third face
serious charges of murder, loot, arson and rape.
7. Deterioration of the law and Order
Preserving law and order is the basic and vital function of the government and the record in this
respect has been far from flattering if the increasing incidence of violence is any criterion.
Violence in the shape of riots, agitations, extremist action, clashes between castes has become so
common and the terrorist killings such a daily occurrence that one wonders whether there is in
fact a Government in existence. If violence is to be resorted to by the people in this manner for
voicing their grievances or pressing their demand and it has to be countered by the exhibition of
brute froce and shootings by the police, there would be no need at all for a democratic
Government. No need to add that the failure of the Government to prevent violence and control it
effectively is a proof of the inadequacy of the political policies adopted and followed for the
governance of the country.
8. Lack of Strong and Effective Opposition
The strong and effective opposition, which is the pre-requisite for the healthy and vigorous
functioning of democracy has yet to emerge in our political life which has led to a sense of
complacency in the Treasury benches. One of the undesirable features of our democraev has heen
thp paw with wlnVh +>>«970
INDIAN GOVERNMENT AND POLITICS
in a positive manner. It could have adopted a more constructive approach on co-operation with
the Government, but such a spirit has been displayed by the opposition only in times of national
crises. On its part, the Government too has been guilty of not usually taking the opposition into
confidence and earnestly seeking its co-operation. The opposition has tended to act as an
investigating police rather than as a watchdog in criticising and opposing the policies of the
Government, if any. The opposition has not crowned itself with glory by doming the role of the
investigating officer rather than the watchdog of democracy.
9. Corruption
Perhaps few would deny the enormous growth of malpractices in our political and public life that
has taken place in the 52 years since independence. So pervasive has corruption become that one
simply cannot escape it wherever one turns. One has to resort to it if the work is to be got done.
Those who refuse and resist will be the ones who suffer. A stage has been reached when nothing
in the Government moves without oiling the wheels or greasing the palms whether in the grant of
licences where enormous amounts are involved or in getting some routine work done at the hands
of a petty official. The corruption may be in terms of cash or kind. During Pandit Nehru's days it
used to be defined as an under table arrangement, but today it is claimed as a birthright. In the
half a dozen or so mega scams that have come to light since 1990, as much as Rs. 50,000 crores is
believed to have been tooted by politicians with the help of their cronies in bureaucracy and their
carpet bagger friends in business. Involved in the 40-odd cases booked by the CBI on its own or
under judicial duress, are 104 politicians, including 53 ministers or former ministers.
Transparency International a Berlin based non-governmental anti-corruption watchdog, termed
India the eighth most corrupt country in the world.
10. The Parallel Economy <
The parallel economy in the country has increased by leaps and bounds, a fact acknowledged by
the expert committees of the Government appointed to go into the question. The Estimates
Committee of the Parliament has expressed concern over the alarming magnitude of black money
in the country and emphasised that there is considerable scope for unearthing unaccounted incom-
es in different sectors.
According to the findings of the National Institute of Public Finance, the estimated black money
in the country in the year 1983-84 ranged between Rs. 31,584 crore to Rs. 36,786 crore. This was
revealed in the 48th report of the Estimates Committee presented to the Lok Sabha on May 1,
1987.3 It said that complicated and intricate tax laws, rampant corruption in the tax collecting
machinery and habitual tax avoidance by a large section of assesses had done an irreparable
damage to the country's economy.
11. Crisis of Governability
A crisis of governability is growing in India. Indian governments that have been elected with
large majorities have repeatedly failed to translate popular support into effective policies. Atul
Kohli has rightly observed, "A highly interventionist but ineffectual national government and
weak political parties are two factor's in India's governability crisis that contribute toward making
India's democracy the 'wrong' type."4 Kohli further observes that India is still, nf miirsp a
fnnririrvmnp- democracv. but increasinsrlv it is not well governed. TheTHE CASE FOR
PRESIDENTIAL SYSTEM
971
party rule at all levels.5 In the words of Rajni Kothari, India's leading political analyst, India is
fast catching up with the rest of the developing world.
In brief, under the guise of Parliamentary form of democracy inner party democracy has been
grossly eroded, and politics has become not only profit-oriented, but openly manipulative. The
pandemonium in the parliament, the uproar in the legislative assemblies, the exchanges of blows
and footwear in the local bodies are sufficient proof of the fall in the standards of decorum in the
houses dedicated to framing laws and formulating policies to govern our country.
It is not politicians alone who have gone astray. Everywhere we see the same decay : Education,
Medicine, Administration, Law, Judiciary is supposed to be independent and impartial. But did
the highest tribunal of the land show as much courage as the High Courts during the Emergency?
Mahatma Gandhi called the Supreme Court the palladium of liberty. But when the test came the
Court failed to live up the ideal. The Governors, constitutional head of the State have reduced
themselves as agent of the Centre and the Chief Ministers have reduced themselves to the status
of the Chief messengers of the party led by the Prime Minister. Take our legislators. Instead of
performing their parliamentary duties they are constantly probing for opportunities to increase
their privileges and perquisites. Some of them even abuse their spouse passes, allow their
companions to travel without ticket, give themselves pensions, although their services are less
than five years duration, and sometimes, even less than two years. They would submit bogus
travelling bills, sublet their quarters to needy people at high rates, not pay their telephone bills
and generally, put themselves above the law. In many States they have willingly sacrificed their
legislative powers. The Executive has assumed the law-making functions. This is done through
the mechanism of promulgation and repromulgation of Ordinances. (For example the Governer of
a State promulgated 256 ordinances during 1967-81 and all these Ordinances were kept alive for
periods ranging between 1 to 14 years by repromulgation from time to time. Out of these 256 as
many as 69 were repeatedly promulgated with the prior instructions of the President). The
legislators far from being scandalised feel relieved. They do not mind curtailment of the length of
the legislative sessions. They are interested only in how much they can gross. Provided the
Executive compensates them by putting them on committees, they do not mind short sessions.
The power does not permit a Romesh Bhandari to spend Rs. 7 crores on his official residences
and for entertainment in Uttar Pradesh, it does not permit a Jaffar Sharief to award railway
contracts to his cronies, it does not permit a Minister or officer to deliberately delay decision in a
case so that the applicant may pay the price of having the case cleared and it does not permit a
Sheila Kaul or Satish Sharma to arbitrarily allot houses or petrol pumps. It does not allow a
Renuka Choudhari to misbehave with a traffic constable on duty. It is the basic premise of
parliamentary democracy that national issues are settled on the floor of Parliament with a
majority vote after a thorough debate and discussion. But such has been the acrimony and
bitterness generated by divisive politics that the floor of Parliament has become the area of street
fights and the House is not allowed to function for days together.
According to N.A. Palkhivala, the four costly failures of the political system and the people,
which are the direct causes of the present spectacle, are :972
INDIAN GOVERNMENT AND POLITICS
economic potential of the country to fruition; (iii) Failure to make human investment, and (iv)
Failure to provide moral leadership.6
It seems that everything is wrong with the men and women who fill our major institutions. Their
conscience is dead, their ethical impulses have dried up. No statutory amendments, no procedural
refinement, not even systemic change, can awaken their conscience, only a changed ethos can
make the heart springs of morality flow with life-giving waters.
The Case for Presidential System
It is argued that the present constitutional system has bred instability and brought undesirable
elements to power. The debacle of the Congress in the 1996 Lok Sabha elections and the inability
of the party to rise from the ashes has virtually ended one-party dominance at the Centre. We
have had also seen two periods of instability at the Centre—1977 to 1979 and 1989 to 1999. In
the last 15 years, India has had six national elections and government has changed hands five
times : 1989, 1991, 1996, 1998 and 2004. In the 1999 elections the incumbents have won for the
first time since 1984, but that is only the visible tip of the iceberg. As we dig deeper, we find that
more than fifty per cent incumbents 276 out of 541 lost their seats. The latest political
developments in India, the spectacle of several successive hung Parliaments and State Legisla-
tures, minority and Coalition governments and frequent General Elections naturally cause grave
concern for stability. Even under one party rule, Chief Ministers of Andhra Pradesh between
1978-83 and Karnataka between 1989-94 were changed in quick succession. The Maharashtra,
Bihar and UP witnessed the same experience in the 1980s. In the 1985-89 period, six Congress
ruled states had 16 Chief Ministers. Various concrete suggestions for a review of the
Constitutional system have emerged from scholars, jurists, public men and others.
A debate has been going on whether any change in the form of the Government of India should
be effected switching over from the Parliamentary to the Presidential System. As it happened,
K.M. Munshi was among the first to change his opinion a decade and a half after the enactment
of the constitution. In a monograph entitled 'The President under the Indian Constitution' he
candidly stated the reason : "During the framing of the constitution we all dreamt that we would
make a success of parliamentary democracy and the British cabinet system. It must be confessed
that this experiment has failed. If I had to make a choice again. I would vote for the Presidential
form of government so that, whenever the politicians fail the country, there is at least one strong
organ of the state capable of tiding over the crisis."7
It was after the fourth general elections held in 1966-67 that the Parliamentary system found itself
under unprecedented stress. The Congress Party failed to achieve its earlier record of success at
the hustings. It came to power at the centre with much reduced majority and lost in several states.
No other party could, however, offer an alternative, and as a consequences, states such as West
Bengal, Bihar, Uttar Pradesh, Rajasthan, Haryana, Punjab and Mad-hya Pradesh were caught in
the grip of political instability. Coalition governments became as numerous as the occasions for
President's rule. A Coalition ministry is apt to prove infirm in policy-making and weak in
administration, faced with a fear of legislators crossing the floor and changing their political
loyalties. This prompted J.R.D. Tata, a prominent industrialist, to ask for a change from the
Parliamentary to the Presidential form of government: "If theTHE CASE FOR
PRESIDENTIAL SYSTEM
973
of the states a totally fluid situation in which a host of parties would constantly monoeuvre for
power in a series of everchanging coalition, defection and floor-crossings. In such a situation, the
authority of the government and Parliament would be so debased that the nation would sink into
anarchy or
cease to exist as a United India......The Presidential system offers the best
solution to the chaotic spectrum of splinter parties projected in our national kaleidoscope......" 8
During the period of Emergency (1975-76), A.R. Antulay, the then Chief Minister of Maharashtra
was perhaps the first Congress (I) leader to have initiated the move for a switch-over from the
Parliamentary system to the Presidential system in India. A cyclostyled document was
anonymously prepared and was circulated at the Chandigarh session of the AICC(I). The major
changes proposed in the document were with respect to the executive and the Supreme Court.
With regard to the executive, the document proposed to replace the present Parliamentary system
of government by a kind of government, namely the Presidential one, in which the President
occupied a dominant position. The second major change suggested in the document sought to
reduce the Supreme Court into a subordinate body with no power to adjudicate on Constitutional
law.
During the Emergency, N.A. Palkhivala had criticised Antulay's document on the ground that it
would have, in effect, destroyed democracy. However, he expressed his preference for the
Presidential system 'provided a fair balance of power between the executive, the legislature and
the judiciary is maintained.' According to Palkhivala, there are four advantages in having the
Presidential system.1
Firstly, it enables the President to have a cabinet of outstanding competence and integrity. Since
the choice is not restricted to Parliament a wise president can substitute excellence for the
deadwood which passes the governnent today.
Secondly, since the cabinet ministers are not elected, they are not motivated to adopt cheap
populist measures in the long run. For instance, they would not have to resort to nationalisation
which is the last refuge to inefficient administrators.
Thirdly, the presidential system permits the cabinet ministers to be absorbed in the job of
governing the country, instead of wasting their time and potential in endless politicking.
Fourthly, it would stop defections and desertions on the part of legislators, which are in most
cases motivated purely by thirst for power and hunger for office.
The next major contribution to the debate came from Vasant Sathe. Though he does not advocate
the Presidential model as such, Sathe wants a government led by the President elected directly by
the people with other features of the present system continuing. The prospects of no single party
obtaining absolute majority seem to be real. Then weak coalitions may emerge at the centre,
diluting its authority. This is a serious situation particularly in the context of the rapid rise of
divisive and fissiparous elements posing a threat to the integrity of the country. Dependence on
the army to curtail such forces will further increase, eroding civilian power. Thus only direct
election of the Chief Executive can ensure stability so vital to maintain our nationhood. 11
obtaining more than 50% of the votes cast occupies the seat of the Chief National
Executive. This requires in his opinion, amendment of Articles 53 and 54 of the
Constitution, alongwith other incidental changes. The other features of the present system
continue unaltered. Parliament will continue with the business of law-making and the
executive will be answerable to the legislature, representing the will of the masses. By
amending Articles 53 and 54, which concern the status of the President as the Chief
Executive and his election by an electoral college consisting of members of both Houses
of Parliament and the elected members of the State Assemblies, the latest prescription
offers a cure for our political ills, as the Chief Executive in this model remains
unconcerned with the question of majority-minority in Parliament, giving a stable central
authority.
On 21 November, 1986 the Telegraph published an exhaustive interview with R.K.
Hegde in the course of which he replied that: "There has been a total
erosion of the party's place in our system.....Our leaders are not elected directly
but through a vote in the legislature parties and then they become accountable to these
and, therefore, vulnerable to the weaknesses of the system. We must have a presidential
system where the Prime Minister can be directly elected by
the people......12 A month later he explained that it is not just a change-over
from the Parliamentary system to the Presidential system. Unless it also means delegation
of power, decentralisation, it has no meaning. He linked it with the grant of greater
powers to the States.13
It is interesting to note that while Hegde linked the Presidential system to
decentralisation, L.K. Advani linked it to greater centralisation. In his Presidential
address at the 9th National Council Session of the BJP on January 2, 1987 he suggested
the establishment of a Commission on the constitution 'to examine, inter alia, the
suitability of the Presidential system as a device to contain centrifugal tendencies.'
A group of twenty eminent intellectuals met in New Delhi on January 28, 1987 and
concluded that the direct election of the Prime Minister would contribute to political
stability. A. B. Vajpayee suggested in an interview with The Times of India on 18
January, 1995 that the Indian political system faces a major crisis. It has neither
flexibility nor sufficient safeguards to provide stability to any government. Reiterating his
concerns regarding instability in another interview with The Times of India on April 16,
he suggested the Iceland model for India, where the country's President does not allow
any party to form government unless he is fully satisfied that it would be a stable
government. Evaluating the Systems
There are at least a dozen different Presidential systems prevailing in different parts of
the world. Some Presidential systems are dictatorial in nature, like those of South
America. There are others—like the Presidential systems of the U.S.A. France and Sri
Lanka—which are as democratic as our Westminister model of government.
It is erroneous to think that the Presidential system necessarily involves a high
concentration of power. In fact, the Prime Minister of India today under our Westminister
parliamentary model has wider powers than the President of the U.S.A. English writers
like Bagehot, Laski, Finer and Crossman hold the U.S. Presidency to be a weaker
executive than the British Premiership.
A whole volume can be written upon the varieties of the Presidential system which
differs from country to country. Under one system, the
President_______________________________975
selects his cabinet ministers entirely from outside Parliament. There is another variety
where he selects them from within Parliament. Under yet another form, the President
makes the selection partly from among members of Parliament and partly from outside.
But the invariable characteristic of the Presidential system in all its different forms is that
it makes the President the Chief executive or the head of the government, instead of the
Prime Minister. Secondly, unlike the Prime Minister, the President cannot be removed by
a vote of no confidence in Parliament.
The American writer Louis W. Koenig is of the view that the Prime Minister has every
assurance that every major thing he asks for will be enacted, not the 40 or 50 per cent is
likely to secure but 100 per cent.14 The secret weapon of the Parliamentary system is tight
discipline.
However, while that Prime Minister is forced to work with his associates, the President is
not. He has a wider choice in nominating the members of his cabinet. There is a yet
graver flaw in the Parliamentary system. The minister is primarily a politician by career,
not an administrator. On the other hand, a Parliamentary party can dump its leader who,
in its view, has failed while the President is not subject to its whims and is irremovable.
Except in a few countries, the Parliamentary system has failed. But the democratic
Presidential system has even fewer successes to boast.15 'In countries influenced by the
model of the United States, the Presidential system has not been altogether successful.
Latin American systems have tended to become dictatorships.' H. R. Khanna observes,
"Even though the Presidential system in the United States and under the Fifth Republic in
France has operated very well, the experience in Asian and African countries has been
that hardly any President has gone out of office as a result of elections. Only death or a
coup has resulted in his displacement. As against this, in our Parliamentary system, Indira
Gandhi could be thrown out of office in the 1977 elections because of the excesses
committed during the Emergency. It was also again in the Parliamentary system that she
could return to office in the 1980 elections because of the wrangling of those in power
then."1
PRESIDENTIAL SYSTEM CANNOT BE AN ALTERNATIVE MODEL FOR INDIA
There is nothing basically wrong with our system. Our constitution does not need
fundamental transformation. In fact, the conception of its basic structure is absolutely
sound. The Constitution has created certain institutions and endowed them with certain
powers. These powers are not unlimited. They are finite. But the men and women who
man these institutions forget that they are 'limited personalities'. Their power hunger is
insatiable.
It is said that no sooner are Indians clothed with authority than they begin to misbehave.
They start throwing their weight about, to threat their subordinates as less than human
and use their power to aggrandise themselves. Above all, they refuse to carry out the
duties laid on them.
Herman Finer has observed, "If the power holders exercise self-restraint, the written
constitution is unnecessary, and if they do not, then no written constitution will check
them." We can paraphrase Finer by saying that if the public authorities and the people do
not have the will and the motivation to work the parliamentary constitution it is idle to
pretend that they will have the will and the motivation to operate a Presidential
constitution. The American976
INDIAN GOVERNMENT AND POLITICS
process in the United States. For decades the American Supreme Court blocked social legislation,
and allowed the robber barons to exploit the American people. The Supreme Court, again helped
perpetuate social discrimination. The possibility of the White House and Capitol hill being under
different parties was always a fearful prospect. It blasted the hope of American's joining the
League of Nations and contributed to the disaster of the second world war. The system has
somehow worked because of the innate Anglo-Saxon respect for the law, the constitution and the
judiciary and their spirit of compromise and adjustment. There is no such reverence for law in the
caste-ridden India. In a presidential India, should be Presidency and Legislature come to be
controlled by two different parties or groups of parties, a complete deadlock would ensue.
Cultural diffusion and borrowings have played an important role in human history. But no society
can live permanently on borrowings. We have borrowed our parliamentary and judicial system
from Britain. We have adopted the doctrines of federalism, fundamental rights and judicial
review from the United States. And over a period we have grown used to these borrowings. We
have to create a moral and intellectual climate which will assist in the growth of these institutions.
We should not start demolishing these institutions and making fresh borrowings from America or
France where two different types of Presidential systems are in existence.
We must not confuse the fundamental defects of our social order with the supposed drawbacks of
the political system. No constitution can be considered apart from its historical and cultural
context. We cannot just copy it from another country and transplant it to our own soil. If we
understand this basic thing, we will realise that the Parliamentary system is not all that bad, and
the Presidential system not all that goods. We must have our priorities right. We must will the
necessary social change, and make the institutions—We have evolved over the past 50 or even
100 years subserve this supreme objective.
Reforming Parliamentary System
What this country needs is not systemic change, but such practical reforms as will create an
ordered state, a state which will not prey on the common people, a state which can prevent
terrorist attacks on unarmed citizens, outrages by mafias and dacoits, a state which will ensure
security of life, without curtailing channels of peaceful and legitimate protest.
If our existing democratic institutions can be revived, a great deal will have been achieved.
Reduction of poll expenditure, simultaneous elections to all representative institutions, regular
elections to local bodies, state financing of elections and democratisation of political parties, even
direct election to the upper house to eliminate 'Vote-trading', proper selection of judges, raising of
their emoluments and retirement age; efficiency and work ethic in government department and
public sector undertakings; an efficient public grievances procedures are some of the reforms
indicated.
It is a mockery to say that Lok Sabha elections can be fought for Rs. 1.50 lakh. State funding
should be tried. The election process from start to finish must not take more than 10 days. Voting
machine must be introduced so that booth capturing is eliminated. 11'
The Constitution should be given a second look to find out if some other amendments serving the
purpose of ensuring greater stability of the government without diluting responsibility could be
proposed. Subhash C. Kashvan.THE CASE FOR PRESIDENTIAL SYSTEM
977
1 nt urvvjL- i w. . . .__

Constitution Review Panel has suggested following measures as stimulants to our

thinking on constitutional matters :17'
1. Following the German practice, we could provide for a constructive vote of
confidence in the Council of Ministers. This would make it essential for the House to
select a successor simultaneously with the throwing-out of the incumbent Prime Minister.
2. The vast problems of a country like India cannot be solved if there are frequent
changes of government. At present, under the rules, a motion of no-confidence in the
Council of Ministers cannot be entertained more than once during the same session. This
may be modified to say that such a motion would not be allowed more than once during
the same year."
3. If the Council of Ministers loses majority support in the House or if no party is able to
form a stable government, the President may take the initiative to form a national
government with the help of outsiders and with the incumbent Vice-President at the head.
This may continue until the elected representatives in Lok Sabha are able to form a
government with stable majority support.
Any scheme for strengthening Parliamentary institutions must be concerned with steps to
ensure that Parliament as a body is able to impress its corporate personality on the other
organs of the State and in the direction of national affairs. As for practical means of
realizing this objective, the following measures are suggested : (a) according the
opposition its rightful place and ensuring its fuller participation in Parliamentary life; (b)
widening the opportunities for private members for bringing up matters of public
importance before the House; (c) review of the existing procedure relating to legislative
and financial business so as to increase the effectiveness of Parliament in the discharge of
its primary duties in these fields; (d) exercise of continuous control of the Administration
through a well devised committee system; (e) provision of a Secretariat for Parliament
independent of the Executive with Parliamentary Staff specially recruited and trained for
the service of Parliament; (f) providing opportunities and facilities for specialization by
members and for their general equipment in order to increase their effectiveness; (g)
concurrent telecast of Parliamentary proceedings; (h) provisions of training for MP's and
MLA's (i) restricting the number of political parties, regulating the party system by
ensuring internal party democracy, declaration of sources of party funds, audit of
accounts, etc.; (j) placing a strict ceiling on the number of ministers and equivalent posts
both at the Union and State levels; and (k) disqualifying defectors from holding any
public office.17
We should attempt modest reforms on the above lines rather than embark on the perilous
adventure of systemic change, of the introduction of Presidential government. The
application of the American pattern in a country of such vast ethnic, social, religious and
linguistic diversity as ours would spell either complete disintegration or frequent
constitutional breakdowns both in the States as well as at the Centre. The supporters of
the Presidential system really don't know what they are talking about when they advocate
the Presidential system. They forget that the evolution of the last 100 years cannot be
reversed without grave injury to the democratic ideal. The more likely result of any
reckless and ill thought changes in our Constitutional arrangements would be not greater
stability but a relapse into despotism and anarchy.
Karl Loewenstein, a critique of the Presidential system has very rightly —j . «Tf iQ
harrllv an exaggeration to describe the American pattern of978
INDIAN GOVERNMENT AND POLITICS
government as the most difficult of all in actual operation, particularly if
coupled with the complexities of federalism.......No wonder that, when
transplanted into a foreign environment, American Presidentialism failed to
take roots......"18
REFERENCES
S.R. Maheshwari, Indian Parliamentary System (Agra, 1981), p. 4.
Constituent Assembly Debates, Vol. IV, No. 2, 15 July, 1947, p. 578.
Lok Sabha Debates, Part II, Vol. I, No. 10, 20 March, 1957, Col. 1290.
Atul Kohli, Democracy and Discontent (Cambridge University Press, 1991), p. X.
Ibid., p. 1
N.A. Palkhivala, We the People (Bombay, 1984), p. 5.
A.G. Noorani, The Presidential System—The Indian Debate (New Delhi, 1989), p. 29.
A Appadorai, "Parliament and President", The Statesman, New Delhi, 14 November, 1980.
A.R. Antulay, Democracy : Parliamentary or Presidential (Bombay, 1988), p. 132.
N.A. Palkhivala, n. 4, pp. 242-243.
J.V. Arun Kumar, "Parliamentary vs. Presidential System", Careers and Competition Times,
December, 1984, p. 16.
12. The Telegraph, 21 November, 1986.
13. Current, 27 December, 1986.
14. Louis W. Koenig, The Chief Executive (1981) p. 405.
15. A.C. Noorani, n. 5, p. 74.
16. K. Natwar Singh, "Court the Blessings but....", Indian Express, August 16, 1992, p. 8.
17. Subhash C. Kashyap, Our Constitution (New Delhi, 1994), pp. 267-68.
18. Karl Loewenstein, Political Power and the Government Process (Chicago, 1965), pp. 114-15.
1. 2. 3. 4. 5.
9. 10. 11.Chapter 71
REVIEWING THE INDIAN
CONSTITUTION
RECOMMENDATIONS OF THE NATIONAL
COMMISSION TO REVIEW THE WORKING OF THE
CONSTITUTION
Background
A constitution is a fundamental document. It is a document which defines the position and power
of the three organs of the state—the Executive, the Legislature and the Judiciary. It also defines
the powers of the Executive and the Legislature as against the citizens. In fact, the purpose of a
constitution is not merely to create the organs of the State but also to limit their authority, because
if no limitation is imposed upon the authority of the organs, there will be tyranny and oppression.
Naturally such a fundamental document as a constitution should not undergo too frequent and
easy changes as that would undermine the confidence of the citizens in the abiding nature of the
constitution.
However, it should be understand at the same time that a constitution is a dynamic document. It
should grow with a growing nation and should suit the changing needs and circumstances of a
growing and changing people. Sometimes under the impact of new powerful social and economic
forces, the pattern of government will require major changes. If the constitution stands as a
stumbling block to such desirable changes, it may, under extreme pressure, be destroyed. A
constitution as such cannot have any claim to permanence; nor should it, because it has been
adopted and has been working ever since, claim absolute sanctity.
The BJP-led National Democratic Alliance Government has been vocally pressing for
constitutional review since its last reign. The NDA Government's resolve has been expressed by
all the senior leaders of the party since the alliance gained absolute majority in the Lok Sabha in
the 1999 General Elections. The views of the Government were articulated by Union Home
Minister L. K. Advani. He announced in his address to the Federation of Indian Chambers of
Commerce and Industry on November 21 that the Government had decided to initiate 'far-
reaching reforms in the administration, judiciary and the internal security system' to evolve an
'effective state' which could be an inspiring instrument of change in the economic sphere and
simultaneously bring about rapid social development. Stung by their loss of confidence in the " -
- ~■^ - • - -i-----J~ *■!,„ Ts.mA r+v,Q R.TP \n narticular) has also980
INDIAN GOVERNMENT AND POLITICS
included constitutional amendment for a fixed five year term for the Lok Sabha and the State
Legislative Assemblies in the NDA Manifesto. Several BJP leaders took this issue to electoral
pulpits with a vengeance. The party and its intellectual campaign brigade are vigorously
campaigning for it by highlighting the 'dangers' of instability. The fact that simultaneously with
the desire for appointing a CRC to 'review', the Constitution, the party leadership began
announcing desired changes in the Constitution indicated the party's preconceived agenda for the
proposed CRC. It is true that certain aspects of the Indian Constitution and constitutional
practices call for a healthy democratic debate and if possible, a review. However, what makes the
intentions of the votaries of the CRC a suspect is that political misuse of several constitutional
provisions over the years and the resolve to stop such misuse has not found a place in their
discourse. Further, several rules and practices could be set right without a constitutional
amendment. They have neither been discussed nor are they on the agenda.
Systemic change-from Parliamentary to Presidential has apparently occupied an extremely
prominent place on the BJP's discourse on constitutional reforms for some years. Both Vajpayee
and Advani had asserted in Patna on April 27, 1998 that examining the feasibility of changeover
from the parliamentary to a presidential system would be the major tasks of the proposed C.R.C.
Lest they were accused of changing the basic structure of the Constitution, they classified that
democracy, not the parliamentary system formed the basic structure of the Constitution.
The President and the Prime Minister, the two highest constitutional authorities, differed sharply
on the question of reviewing the Constitution, with Mr. K. R. Naryanan coming out strongly
against any move that sought to replace the present-day parliamentary form of government with a
presidential system. Addressing a distinguished gathering at a celebratory function of 50 years of
the Indian Constitution, the President re-emphasised the Constituent Assembly's preference for
more responsibility and accountability over stability. Stressing that India's variety diversity,
population and problems needs a body politic vent for discontent to prevent major explosions in
society, Mr. Narayanan maintained that "the parliamentary system provides this vent more than a
system which prefers stability to responsibility and accountability." Reacting to the Prime
Minister's decision to set up a commission to review the Constitution, which would among other
things, look at the acute need for stability both at the centre and in the states, the President
observed, "Today when there is so much talk about revising the Constitution or even writing a
new constitution, we have to consider whether it is the Constitution that has failed us or whether
it is 'we' who have failed the Constitution." The Prime Minister had justified the setting up of a
review commission on the grounds that there was need for political stability and there was the
"pressing challenge" faced by modern India of increasing the pace of development. Justifying the
move, Mr. Vajpayee maintained that "even in the mightiest fort one has to repair the parapet from
time to time, one has to clean the moat and check the banisters. The same is true about our
Constitution". However, he answered that the basic structure and the core ideals of the
Constitution would remain inviolate, when the Government's commission to review the
Constitution was set up.
In fact, the "debate" on the issue of reviewing the Constitution began the day the Prime Minister
announced his Government's decision to appoint a
REVIEWING THE INDIAN CONSTITUTION
981
review commission January 27, 2000, in the Central Hall of Parliament at a function to mark the
Golden Jubilee of India having become a Republic.
The Constitution has been in operation for the last 54 years. A review of the aspects of Union-
State relations was made by the Commission on Centre State Relations (1983-1987). Much has
happened since then in the realm of Union-State relations. In the wake of social, economic and
political developments over the years, new trends, tensions and issues have arisen. 'Consensus
and cooperation' which is a pre-requisite for smooth functioning of the political system is
threatened by politics of confrontation. In this perspective, after mature consideration, the NDA
Government of the Centre with great foresight and wisdom called for a fresh comprehensive
review of the Constitution, in all spheres. The NDA's Election Manifesto contained a two-line
reference to its plan to "appoint a commission to review the Constitution not only in the light of
experiences and developments since 1996 but, indeed, of the entire post-independence period,
and to make suitable recommendations." The President's address to the first-session of Parliament
on October 25 (1999) reiterated this resolve-to meet "the challenges of the next century." In both
the cases, two ideas were specifically mentioned—to have a fixed (five-year) term for the Lok
Sabha and State Assemblies and to replace the present system of no-confidence motion with a
"constructive vote of no-confidence."
If the purpose of the ruling combine or the Government were confined to making these two (or
such) changes, would it be necessary to moot the idea of setting up a commission for a review of
the Constitution? Obviously, it has in mind major, substantive changes which could not be
effected through the amendment process. The first BJP led Government, too envisaged a deep,
fresh look at the Constitution. This was how the point was conveyed through the President's
address to Parliament on March 25, 1998. "Fifty years after independence, the time has come to
rejuvenate our institutions so that they are strong enough to meet the challenges of the future. The
Government proposes to do so as well as appoint a commission to review the Constitution and
make recommendations so that anomalous experiences of the past are not repeated in the future."
Appointment of The National Commission to Review the Working of the Constitution
On February 13, 2000 the Union Government announced the setting up of a 11 member
Constitution Review Commission to be chaired by Mr. Justice M. N. Venkatachalaiah. The
Commission is expected to give its report 'within a year' and suggest changes; if any, within the
framework of parliamentary democracy. The other 10 members of the commission are : Mr.
Justice B. P. Jeevan Reddy, Chairman of the Law Commission and former Supreme Court Judge,
Mr. Justice R. S. Sarkaria, former Supreme Court Judge who became well known as Chairman of
the Sarkaria Commission on Centre-Statfi relations. Mr. Justice Kondanalli Punniah former
Chairperson :
• Justice Shri M. N. Venkatachaliah Members :
Justice Shri B. P. Jeevan Reddy
Justice Shri R. S. Sarkaria
Justice Shri Kottapalli Punnayya
Shri P. A. Sangma
Shri Soli J. Sorabjee
Shri K. Parasaran
Dr. Subhash C. Kashyap
Shri C. R. Irani
Dr. Abid Hussain
Smt. Sumitra G. Kulkarni982
INDIAN GOVERNMENT AND POLITICS
Supreme Court Judge, Mr. Soli Sorabjee, Attorney-General, Mr. Parasaran, former Attorney-
General, Mr. P. A. Sangama, former speaker and leader from North-East who is currently with
the Nationalist Congress Party, Mr. Subhash Kashyap, former Secretary-General of the Lok
Sabha, Mr. C. R. Irani, Editor-in-Chief of the Statesman, Mr. Abid Hussain, who has served as
India's Ambassador to the United States and Mrs. Sumitra Kulkarni, former MP. The
Commission has no member-secretary and Mr. Raghuveer Singh, who recently retired as
Secretary of the Department of Law and Justice is appointed as Secretary to the Commission.
The terms of reference of the Commission have been approved by the Union Cabinet through a
resolution. The Cabinet resolution adopted on February 1 had stated : "The Commission shall
examine in light of experience of the past 50 years as to how far the existing provisions of the
Constitution are capable of responding to the needs of efficient, smooth and effective system of
governance and socio-economic development of modern India and to recommend changes, if any,
that are required to be made in the Constitution within the framework of parliamentary
democracy without interfering with the basic structure or basic features of the Constitution."
The Constitution Review Panel, met for the first time on March 23, in New Delhi. The Panel
classified that it was to "review the working of the Constitution" and not to rewrite it. The
meeting was chaired by Mr. Justice M. N. Venkatachalaiah and attended by all 10 members.
A statement issued at the end of the meeting said that there was a need to "maintain and
strengthen the constitutional provision for raising the living conditions of the poor and deprived
and to ensure them an adequate means of livelihood." The protection of the constitutional rights
of the Scheduled Castes, Scheduled Tribes and Other Backward Classes and the Minorities
required to be effectively ensured and improved, the statement said.
The Commission would examine the working of the present provisions of the Constitution and
the applicable laws and practice and consider how better to achieve the objective. The areas of
immediate contemporary concern identified by the Commission for examination during its
meeting include : Strengthening the institutions of parliamentary democracy and their account-
ability, including the "grave and persisting menace of" unprincipled defections; working of
Article 356 and the appointment and removal of governors; Constitution and the pace of socio-
economic change and development including promotion of literacy, employment generation,
social security and poverty alleviation, decentralisation and devolution of powers, and
strengthening of Panchayati Raj Institutions.
The Commission also identified the enlargement of the Fundamental Rights in part III of the
Constitution by specific incorporation of freedom of the media, right to compulsory elementary
education, right to privacy and right to information, effective enforcement of the Directive
Principles of State Policy in part IV and Fundamental Duties in part IV A of the Constitution, as
well as fiscal and monetary policies, size of government and of government expenditure, efficacy
of public audit mechanisms as areas of immediate concern.
The Commission decided to invite public suggestions regarding the areas that it should review. It
also initiated to prepare consultation paper on each of these areas and a questionnaire was also
circulated to political parties, constitutional and statutory commissions including the National
Commission for Scheduled Castes and Scheduled Tribes, National Commission for Minorities,
National Human Rights Commission and the National Commission for Women. REVIEWING THE
INDIAN CONSTITUTION
983
as
AREAS OF STUDY OF THE COMMISSION
Strengthening of the institutions of Parliamentary democracy; (Working of the Legislature, Executive and
Judiciary; their accountability; problems of Administrative, social and Economic Cost of Political
Instability; Exploring the possibilities of stability within the discipline of Parliamentary Democracy).
Electoral Reforms; Standards in Political life
Space of Socio-Economic change and Development under the Constitution.
Promoting literacy; generating employment; ensuring social security; alleviation of poverty.
Union-State Relations.
Decentralization and devolution; Empowerment and strengthening of Panchayati Raj Institutions.
Enlargement of Fundamental Rights. Effectuation of Fundamental Duties.
Effectuation of Directive Principles and Achievement of the Preambular objectives of the Constitution.
Legal Control of fiscal and monetary policies; Public Audit mechanism; standards in public life.
The questionnaire was also circulated to trade unions, representative bodies of trade and
industry, bar associations, universities and colleges, academicians, research institutes, the
media, NGOs and other organisations.
In India, the need for a new look at the Constitution started being felt after Indira
Gandhi's draconian Emergency, though it got swept under the mat as the Congress
returned to power in 1980. But the party's long exit since 1997, and the consequent
emergence of coalition rule, has brought back to centre stage the issue of revising the
Constitution. The core issue behind the demand is a redistribution of the balance of
power between the Centre and the States. The very Article 1(1) says : "India that is
Bharat, shall be a Union of States." "Union" comes first; "States" later. The regional
forces who constitute the ruling NDA coalition are now thinking that the States, in all
practical sense, should precede the Union in not only emphasis but also in actual power.
Now the opposition block-including the Congress, the left and the Samaj-wadi Party fear
that a new constitutional dispensation will shift more power into the hands of their local
rivals like the Samata Party, the Janta Dal (U), the Akali Dal, the Biju Janata Dal and the
Trinamool Congress. More power to these parties means a longer lease of life for the
BJP-led alliance. It also threatens to push the Congress further into irrelevance and
oblivion. As Information and Broadcasting Minister Arun Jaitley says, "With Congress
hegemony ended, there has been an explosion of aspirations. The changes in the
Constitution will reflect it."
All those who have given some thought to the Constitution of India and the way it has
worked during the last 54 years generally agree that there is a need for review. In as much
as the Constitution is a living, growing and even evolving organism, it has been
constantly under review ever since it was enacted. By now, there have been as many as
86 amendments. On an average, the Constitution has been amended once in every seven
and half months, and every amendment has been an occasion for or the result of a review.
Therefore it is not logical for raising eyebrows on a call for a review nfw ™ i««i- -x in
constitution_____________INDIAN GOVERNMENT AND POLITICS__________________________
ADOPTION OF THE REPORT AND MAJOR RECOMMENDATIONS
The Drafting and Editorial Committee of the Commission submitted the complete Draft Report to
the Chairperson on 15th February, 2002. The Commission considered the Report at its sixteenth
session spread over five days from 25th February to 1st March, 2002 and the Seventeenth session
spread over in four days from 6th to 9th March, 2002. The Report was finally adopted and signed
on 11th March, 2002.
The Report was presented to the Union Law Minister Shri Arun Jaitley on March 31, 2002. In all
the Report contains 249 recommendations. Of the various recommendations, 58
recommendations involve amendment to the constitution, 86 involve legislative measures and the
rest involve executive action. Some of the important recommendations of the Commission are, as
follows : Fundamental Rights
The Commission recommends for the inclusion of following rights in Part III of the Constitution :
1. Freedom of Press and Freedom of Information.
2. Right against torture and inhuman, degrading and cruel treatment and punishment.
3. Right to compensation for being illegally deprived of one's right to life or liberty.
4. Right to travel abroad and return to one's country.
5. Right to privacy.
6. Right to work.
7. Right to justice and legal aid.
8. Right to education.
9. Rights of children.
10. Right to safe drinking water, clean environment, etc. Directive Principles
The Commission recommends that the heading of Part IV of the Constitution should be amended
to read as "Directive Principles of State Policy and Action."
The Commission also recommends that the following article should be added as a directive
principle of state policy after article 47 of the Constitution: j
Article 47A. Control of Population : The State shall endeavour to secure '
control of population by means of education and implementation of small family norms.
Delimitation of Constituencies
Since 1971, the number of seats in the Lok-Sabha allocated to different states has been frozen. No
fresh Delimitation Commission has been formed.
The Commission recommends that intra-State delimitation exercise may be undertaken by the
Election Commission for Lok Sabha and assembly constituencies and the Scheduled Castes and
Non-Scheduled Area Scheduled Tribe seats should be rotated. The Delimitation Body should,
however, reflect the plural composition of society. Defections
The question of defections has now haunted the Indian polity for over three decades. This was
sought to be eliminated by the Tenth Schedule but all that has happened is that while individual
defections have become «'n — ''____.....w ,,,1-ii^iniM uuiMa111uIIUN_____________________985
defections are permitted, promoted and amply rewarded. Despite the Tenth Schedule, or because
of it, countless defections have taken place without incurring any disqualification. In fact, on an
average more defections per year took place after the Anti-defection Law as laid down in the
Tenth Schedule came into force than ever earlier. What has been even more disconcerting is that
some of the Speakers have tended to act in a partisan manner and without a proper appreciation—
deliberate or otherwise—of the provisions of the Tenth Schedule. Almost everyone dealing with
this subject agrees that defections flout people's mandate and cannot and should not be permitted,
neither singly nor in a group. The fact is that most candidates get elected on the basis of the party
that has given them a ticket. Defections allow these candidates to theoretically go to the pole
opposite of this party, which is not the basis on which people elected them. Simply because there
is no accountability vis-a-vis the people, such a practice continues unabated. Defections
encourage corruption at the highest levels. Defectors usually are rewarded with political positions
and other such perquisites so openly that it really makes a mockery of our democracy.
The Commission recommends that the provisions of the Tenth Schedule of the Constitution
should be amended specifically to provide that all persons defecting—whether individually or in
groups—from the party or the alliance of parties, on whose ticket they had been elected, must
resign from their parliamentary or assembly seats and must contest fresh elections. In other
words, they should lose their membership and the protection under the provision of split, etc.
should be scrapped. The defectors should also be debarred to hold any public office of a minister
or any other remunerative political post for at least the duration of the remaining term of the
existing legislature or until, the next fresh elections whichever is earlier. The vote cast by a
defector to topple a government should be treated as invalid. The Commission further
recommends that the power to decide on questions as to disqualification on ground of defection
should vest in the Election Commission instead of in the Chairman or Speaker of the House
concerned.
Oversized Council of Ministers
The practice of having oversized Council of Ministers must be prohibited by law. A ceiling on the
number of Ministers in any State or the Union government be fixed at the maximum of 10% of
the total strength of the popular house of the legislature. In this connection, reference is also
invited to clause 4 of article 239AA of the Constitution, which limits the size of the Council of
the Ministers to not more than 10% of the total number of members in the Legislative Assembly
of the National capital Territory of Delhi.
Also, the practice of creating a number of political offices with the position, perks and privileges
of a minister should also be discouraged and at all events their number should be limited to 2 per
cent of the total strength of the lower house.
Problems of Instability
The last few decades have seen a great deal of political instability in India. During ten years, there
were seven governments at the Union level. Being minority governments, these were unable to
provide stable administration and stable policies. The reasons are not far to find. We adopted the
Westminster model of FPTP system of elections but forgot that it works mainly in communion
with a two party system or a limited number of parties. The political svutom and the
politirizntin™ nf ^^------1986
INDIAN GOVERNMENT AND POLITICS
divisive of society and disruptive of the national ethos. It has become increasingly difficult to get
a workable majority to form a government and make a success of coalition arrangements.
This has had very negative repercussions on the quality of governance because to cobble up a
workable majority to form government, compromises had to be made and ideology or notions of
quality of governance sometimes might have taken a back seat. The consequences are severe.
Law and order suffers because control mechanisms break down or become very loose. It becomes
difficult to take strong measures to curb corruption and provide clean and quality governance. In
the end, it is the citizen who is the victim of all the misgovernance.
Out of 1990 independent candidates who contested the general election in 1998, only 6 (0.65%)
succeeded, 885 (47%) lost their deposits. Likewise out of the 10,635 candidates, who contested
the 1996 Lok-Sabha elections, only 9 (0.08%) won and 10,603 (99.7%) lost their deposits. It is
also known that most of these so-called independent candidates are in fact dummy candidates or
defectors from their parties on being denied party tickets. These candidates only vitiate the
sanctity of the electoral process and involve waste of resources. This was carried to ridiculous
limits when a Lok Sabha constituency in Andhra Pradesh (Nalgonda, in 1996) had 480
contestants. Similarly there have been assembly constituencies reaching over 1,000 candidates.
The Commission recommends that independent candidates be discouraged and only those who
have a track record of having won any local election or who are nominated by at least twenty
elected members of Panchayats, Municipalities or other local bodies spread out in majority of
electoral districts in their constituency should be allowed to contest for Assembly or Parliament.
In order to check the proliferation of the number of independent candidates and the malpractices
that enter into the election process because of the influx of the independent candidates, the
existing security deposits in respect of independent candidates may be doubled. Further, it should
be doubled progressively every year for those independents who fail to win and still keep
contesting elections. If any independent candidate has failed to get at least five per cent of the
total number of votes cast in his constituency, he/she should not be allowed to contest as
independent candidate for the same office again at least for 6 years.
An independent candidate who loses election three times consecutively for the same office as
such candidate should be permanently debarred from contesting election to that office.
The minimum number of valid votes polled should be increased to 25% from the current 16.67%
as a condition for the deposit not being forfeited. This would further reduce the number of non-
serious candidates.
In the considered view of the Commission, it should be possible without any constitutional
amendment to provide for the election of the Leader of the House (Lok Sabha/State Assembly)
along with the election of the Speaker and in like manner under the Rules of Procedure. The
person so elected may be appointed the Prime Minister/Chief Minister.
The eligibility of non-Indian born citizens to hold high offices
It was suggested that the highest offices in the realm such as President, Vice-President, Prime
Minister and Chief Justice of India should be open only to natural born citizens of India or those
whose parents or grandparents were citizens of India. The matter was discussed at more than one
sittings of theREVIEWING THE INDIAN CONSTITUTION
987
Commission. The Commission found that the said suggestion was not without force. At the same
time, the other point of view put forward was that denial of the said high offices solely on account
of the fact that the person was not a natural born citizen of India or his parents or grand-parents
were not citizens of India, might deprive some citizens from occupying these high offices even if
they were otherwise worthy and acceptable. The opinion in the Commission was equally divided.
The Commission recommends that this issue be examined in depth through a political process
after a national dialogue.
Appointment of the Election Commissioners and State Election Commissioners
The Commission recommends that the Chief Election Commissioner and the other Election
Commissioners should be appointed on the recommendation of a body consisting of the Prime
Minister, Leader of the Opposition in the Lok Sabha, Leader of the Opposition in the Rajya
Sabha, the Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha. Similar
procedure should be adopted in the case of appointment of State Election Commissioners.
Candidates owing Government Dues
It is recommended that all candidates should be required to clear government dues before their
candidatures are accepted. This pertains to payment of taxes and bills and unauthorised
occupation of accommodation and availing of telephones and other government facilities to
which they are no longer entitled. The fact that matters regarding Government dues in respect of
the candidate are pending before a Court of Law should be no excuse.
Recognition of Parties
The Commission recommends that there should be a comprehensive legislation [may be named as
the Political Parties (Registration and Regulation) Act], regulating the registration and
functioning of political parties or alliances of parties in India.
The proposed legislation should provide for compulsory registration for every political party or
pre-poll alliance. It should lay down conditions for the constitution of a political party or alliance
and for registration, recognition and de-registration and derecognition.
The Commission recommends that every political party or alliance should, in its Memoranda of
Association, Rules and Regulations provide for its doors being open to all citizens irrespective of
any distinctions of caste, community or the like. It should swear allegiance to the provisions of
the Constitution and to the sovereignty and integrity of the nation, regular elections at an interval
of three years at its various levels of the party, reservation/representation of at least 30 per cent of
its organizational positions at various-levels and the same percentage of party tickets for
parliamentary and State Legislature seats to women. Failure to do so should invite the penalty of
the party losing recognition.
The law should make it compulsory for the parties to maintain accounts of the receipt of funds
and expenditure in a systematic and regular way. The form of accounts of receipt and expenditure
and declaration about the sources of funds may be prescribed by an independent body of
Accounts & Audit experts, created under the proposed Act. The accounts should also be
compulsorily audited by the same independent body, created under the legislation which should
also prepare a report on the financial status of the political party which along with the audited
accounts should be open and available to public for study988
INDIAN GOVERNMENT AND POLITICS
The Commission recommends the enactment of an appropriate provision making it
compulsory for the political parties requiring their candidates to declare their assets and
liabilities at the time of filing their nomination before the returning officers for election to
any office at any level of government.
The authority for registration, de-registration, recognition and de-recognition of parties
and for appointing the body of auditors should be the Election Commission whose
decisions should be final subject to review by the Supreme Court on points of law.
It is a desirable objective to promote progressive polarisation of political ideologies and
to reduce less serious political activity. The process of recognition of political parties by
the Election Commission is an important and effective tool in this task. While
proliferation of smaller political parties add to political confusion, at the same time the
Commission is aware that 'political parties, with all their well-known human and
structural shortcomings, are the only devices (that can) generate countervailing collective
power on behalf of the many individually powerless against the relatively few who are
individually or organizationally powerful'. The approach, therefore, needs to balance
considerations of stability on the one hand and the need to reflect the aspirations of a
plural society, on the other.
The Commission recommends that the Election Commission should progressively
increase the threshold criterion for eligibility for recognition so that the proliferation of
smaller political parties is discouraged. Only parties or a pre-poll alliance of political
parties registered as national parties or alliances with the Election Commission be allotted
a common symbol to contest elections for the Lok Sabha. State parties may be allotted
symbols to contest elections for State Legislatures and the Council of States (Rajya
Sabha).
Needs for Stability
In a situation where no single political party or pre-poll alliance of parties succeeds in
securing a clear majority in the Lok Sabha after elections, instead of involving the highest
office of the President in the controversies of finding out who could command the
confidence of the House, it would be best to leave it to the House itself to determine
majority support to a leader. It would remove uncertainty and also obviate the need for
the President asking his appointee as Prime Minister to seek a vote of confidence within
certain number of days.
The Commission, therefore, recommends that in a situation where no single political
party or pre-poll alliance of parties succeeds in securing a clear majority in the Lok Sabha
after elections, the Rules of Procedure in Lok Sabha may provide for the election of the
Leader of the House by the Lok Sabha along with the Election of the Speaker and in the
like manner. The Leader may then be appointed as the Prime Minister. The same
procedure may be followed for the office of the Chief Minister in the State concerned.
The Commission further recommends an amendment in the Rules of Procedure for
adoption of a system of constructive vote of no confidence. For a motion of no-
confidence to be brought out against a government at least 20% of the total number of
members of the House should give notice. Also, the motion should be accompanied by a
proposal of alternative Leader to be voted simultaneously.
Scourge of Criminalisation
The Commission recommends that the proposed law on political parties should provide that no
nnli-Hcnl no^r ci,™,i^---------- --■REVIEWING THE INDIAN CONSTITUTION
989
candidate for contesting elections if he was convicted by any court for any criminal offence or if
the courts have framed criminal charges against him. The law should specifically provide that if
any party violates this provision, the candidate involved should be liable to be disqualified and
the party deregistered and derecognised forthwith.
Comptroller and Auditor General (C & AG)
Public audit is a powerful instrument of good governance. It ensures parliamentary control over
expenditures voted by the legislature and renders public authorities accountable for the public
moneys raised and spent by them to implement policies and programmes approved by the
legislature. Accountability and transparency, the two cardinal principles of good governance in a
democratic set-up, depend for their observance, to a large extent, on how well the public audit
function is discharged. It is for this reason that the C & AG has been given special status by the
Constitution in articles 148 to 152. It is his responsibility to ensure that money is spent and
revenue raised not only in accordance with the law, but also with due regard to economy,
efficiency and effectiveness. The C & AG is the constitutional authority entrusted with the high
responsibility of maintaining probity in the use of public funds.
A view has been expressed that there is excessive centralisation of authority in the existing
organisation of the C & AG and that it should be addressed by constituting an Audit Board,
comprising of the Comptroller and Auditor-General of India as the Chairperson and such number
of members as the President may determine from time to time to facilitate a territorial and/or
functional distribution of functions and powers with a view to enhancing the efficiency and
effectiveness of the office of the C & AG. The Commission recommends the constitution of an
Audit Board for better discharge of the vital function of public audit, but the number of members
to be appointed, the manner of their appointment and removal and other related matters should be
dealt with by appropriate legislation, keeping in view the need for ensuring independent
functioning of the Board.
A fairly persuasive school of thought has argued that to uphold transparency and integrity in
public life, the appointment of the C & AG should not be the exclusive preserve of the executive
but a committee consisting of the Prime Minister, the Union Finance Minister, the Speaker of the
Lok Sabha, the Leader of the Opposition and the Chairman of the Public Accounts Committee
should be empowered to make the appointment. It is, however, felt that in our situation it would
be counter-productive to undermine the constitutional and moral authority of the Prime Minister
by stipulating a mechanism that would supplant his decision-making. The Commission is of the
view that no change is needed in the existing provisions of he Constitution in so far as
appointment of the C & AG and other related matters are concerned. The Commission would,
however, recommend that a healthy convention be developed to consult the Speaker of the Lok
Sabha, before the Government decides on the appointment of the C & AG so that the views of the
P.A.C. are also taken into account.
The operations of the office of the C & AG itself should be subject to scrutiny by an independent
body. To fulfil the canons of accountability, the Commission recommends that a system of
external audit of C & AG's organization be adopted990
INDIAN GOVERNMENT AND POLITICS
C & AG and Economic Reforms
It is necessary to consider what changes are needed in the policies and procedures governing
audit in the light of far-reaching changes that have taken place in the economic policy
environment in our country. The growing role of market economy, liberalization of price and
exchange controls, beginnings of diversified ownership patterns in entities formerly owned by the
State, privatization of State-owned entitles, entry of the private sector in areas formerly reserved
for State monopolies and the appointment of regulators with authority to lay down tariffs in such
areas as power and telecom, operations of public sector undertakings in a competitive
environment, demand a new approach. The Commission, however, makes no recommendation in
this regard and would only like to draw the attention of the policy-makers to it.
Modernizing the Civil Services : Creation of new services and curtailment of undue safeguards
Arbitrary and questionable methods of appointments, promotions and transfers of officers by
political superiors also led to corrosion of the moral basis of its independence. It has strengthened
the temptation in services to collusive practices with politicians to avoid the inconvenience of
transfers and to gain advantages by ingratiating themselves to political masters. They would do
the politicians' bindings rather than adhere to rules. Lest the situation becomes more vicious, it is
necessary that a better arrangement be conceived under the Constitution. The question of
appointments, transfers and placements is not to be left to the discretion of the politicians or
administrative bosses but be entrusted to independent and autonomous boards. The_ Commission,
therefore, recommends that the questions of personnel policy including placements, promotions,
transfers and fast-track advancements on the basis of forward-looking career management
policies and techniques should be managed by autonomous Personnel Boards for assisting the
high level political authorities in making key decisions. Such civil service boards should be
constituted under statutory provisions. They should be expected to function like the UPSC.
Reputed management experts from institutes of management, well-known for their excellence,
should be inducted into these boards to provide a broad based pool of expertise. The principle is
not to take politics out of personnel policy but to make knowledge and information institutionally
available to the political decision-makers on the basis of appropriate parliamentary legislation
under article 309. The sanctity of parliamentary legislation under article 309 is needed to
counteract the publicly known trends of the play of unhealthy and destabilizing influences in the
management of public services in general and higher civil services in particular.
Above a certain level—say the Joint Secretary level—all posts should be open for recruitment
from a wide variety of sources including the open market. We should specialize some of the
generalists and generalize some of the specialists through proper career management which has to
be freed from day to day political manipulation and influence peddling.
Social audit of official working would be another way of developing accountability and
answerability. Officials, before starting their career, in addition to the taking of an oath of loyalty
to the Constitution, should swear to abide by the basic principles of good governance. This would
give renewed sense of commitment by the executives to the basic tenets of the Constitution. It is
important to recognize that change in existing policies and procedures will not come from the
initiatives of those who stand to benefit from the existingREVIEWING THE INDIAN CONSTITUTION
991
arrangements. It needs the combined efforts of political avant-garde, activists in diverse fields,
academic, and civil society institutions to generate pressures for change. Otherwise institutional
decay will proceed apace with distressing consequences.
National Judicial Commission
The matter relating to manner of appointment of judges had been debated over a decade. The
Constitution (Sixty-Seventh Amendment) Bill, 1990 was introduced on May 18, 1990 (in the
Ninth Lok Sabha) providing for the institutional framework of National Judicial Commission for
recommending the appointment of judges to the Supreme Court and the various High Courts.
Further, it appears that latterly there is a movement throughout the world to move this function
away from the exclusive fiat of the executive and involving some institutional framework where
under consultation with the judiciary at some level is provided for before making such
appointments. The system of consultation in some form is already available in Japan, Israel and
the U.K. The Constitution (Sixty-seventh Amendment) Bill, 1990 provided for a collegium of the
Chief Justice of India and two other judges of Supreme Court for making appointment to the
Supreme Court. However, it would be worthwhile to have a participatory mode with the
participation of both the executive and the judiciary in making such recommendations. The
Commission proposes the composition of the collegium which gives due importance to and
provides for the effective participation of both the executive and the judicial wings of the State as
an integrated scheme for the machinery for appointment of judges. This Commission,
accordingly, recommends the establishment of a National judicial Commission under the
Constitution.
The National Judicial Commission for appointment of judges of the Supreme Court shall
comprise of:
(1) The Chief Justice of India Chairman
(2) Two senior most judges of the Supreme Court Member
(3) The Union Minister for Law and Justice Member
(4) One eminent person nominated by the President after
consulting the Chief Justice of India Member
Article 356
The Commission had issued a consultation paper along with a questionnaire with a view to elicit
the views and responses of the public. Large majority of the responses were against deletion of
article 356 but favoured its being suitably amended to prevent misuse. There are three patent
reasons which require the retention of the article :
(i) Article 356 and related provisions were regarded as a bulwark of the Constitution, an ultimate
assurance of maintaining or restoring representative government in States responsible to the
people. (ii) In a fairly large number of cases the invocation of article 356 has been
found to have been not only warranted but inevitable.
(iii) If this article is deleted, article 365 would lose relevance and use of article 355 in the
absence of 356 might bring a drastic change in Union-State relations which may be worse from
the point of view of both the States and the Union. The Commission is, therefore, not in favour of
deletion of Article 356.
In considering the issues raised regarding article 356 the Commission found that a great part of
the remedy to prevent its misuse lies in the domain992
INDIAN GOVERNMENT AND POLITICS
of creating safeguards and constitutional conventions governing its use. The ultimate protection
against the misuse of article 356 lies in the character of the political process itself. The
Commission is, therefore, for generating a constitutional culture that relies on conventions and
treats them with same respect as a constitutional provision.
Article 356 has been lodged in the Constitution as a bulwark, a giant protection and a remedy of
the last resort. The invocation of article 356 is a constitutional device, the operation of which is
vested in the executive domain. In invocation, it is therefore essential to preserve its stature in the
constitutional scheme. If the exercise of this power is perceived to yield to political expediency, it
will greatly damage the majesty of the executive power and the federal balance. The Commission,
therefore, recommends, in the spirit of the framers of the Constitution, that article 356 must be
used sparingly and only as a remedy of the last resort and after exhausting action under other
articles like 256, 257 and 355.
It has been widely represented that the process of invocation of article 356 must follow the
principles of natural justice and fair consideration. This aspect also weighed heavily during
discussions in the Constituent Assembly and the Chairman of the Drafting Committee had hoped
that warning would be given to the errant States and they would be given an opportunity to
explain their position. One other issue regarding the issue of such a warning is whether it should
be made public or given wide publicity. The Commission have considered this aspect very
carefully and have come to the conclusion that taking this matter to the public domain at this
stage may apparently allow for transparency but is likely to generate a great deal of heat in the
political domain providing the anti-social forces a free play for social disharmony and violence. It
may also encourage from the very outset a process of litigation that may apply continuous brakes
in exercise of the executive responsibility.
The Commission feels that in a large number of cases where article 356 has been used, the
situation could be handled under article 355 i.e., without imposing President's rule under article
356. It is most unfortunate that article 355 has hardly been used.
In case of political breakdown, the Commission recommends that before issuing a proclamation
under article 356 the concerned State should be given an opportunity to explain its position and
redress the situation, unless the situation is such, that following the above course would not be in
the interest of security of State, or defence of the country, or for other reasons necessitating
urgent action.
The Commission recommends that the question whether the Ministry in a State has lost the
confidence of the Legislative Assembly or not, should be decided only on the floor of the
Assembly and nowhere else. If necessary, the Union Government should take the required steps,
to enable the Legislative Assembly to meet and freely transact its business. The Governor should
not be allowed to dismiss the Ministry, so long as it enjoys the confidence of the House. It is only
where a Chief Minister refuses to resign, after his Ministry is defeated on a motion of no-
confidence, that the Governor can dismiss the State Government. In a situation of political
breakdown, the Governor should explore all possibilities of having a Government enjoying
majority support in the Assembly. If it is not possible for such a Government to be installed and if
fresh elections can be held without avoidable delay, he, should ask the outgoing Ministry, (if
there is one), to continue as a caretaker government, provided thp iw^-4—REVIEWING THE INDIAN
CONSTITUTION
993
defeated solely on a issue, unconnected with any allegations of maladministration or corruption
and is agreeable to continue. The Governor should then dissolve the Legislative Assembly,
leaving the resolution of the constitutional crisis to the electorate.
Dissolution of Assembly
When it is decided to issue a proclamation under article 356 (1), a matter for consideration that
arises is whether the Legislative Assembly should also be dissolved or not. Article 356 does not
explicitly provide for dissolution of the Assembly. One opinion is that if till expiry of two months
from the Presidential proclamation and on the approval received from both Houses of Parliament
the Legislative Assembly is not dissolved, it would give rise to operational disharmony. Since the
executive power of the Union or State is co-extensive with their legislative powers respectively
bicameral operations of the legislative and executive powers, both of the State Legislature and
Parliament in List II of VII Schedule, is an anathema to the democratic principle and the
constitutional scheme. However, the majority opinion in the Bommai judgement holds that the
rationale of clause (3) that every proclamation issued under article 356 shall be laid before both
Houses of Parliament and shall cease to operate at the expiry of two months unless before the
expiration of that period it has been approved by resolutions passed by both Houses of
Parliament, is to provide a salutary check on the executive power entrenching parliamentary
supremacy over the executive.
The Commission having considered these two opinions in the background of repeated criticism of
arbitrary use of article 356 by the executive, is of the view that the check provided under clause 3
of article 356 would be ineffective by an irreversible decision before Parliament has had an
opportunity to consider it. The power of dissolution has been inferred by reading sub-clause (a) of
clause 1 of article 356 along with article 174 which empowers the Governor to dissolve
Legislative Assembly. Having regard to the overall constitutional scheme it would be necessary
to secure the exercise of consideration of the proclamation by the Parliament before the Assembly
is dissolved.
The Commission, therefore, recommends that article 356 should be amended to ensure that the
State Legislative Assembly should not be dissolved either by the Governor or the President
before the proclamation issued under article 356(1) has been laid before Parliament and it has had
an opportunity to consider it.
Panchayats
Article 243G along with the Eleventh Schedule indicates the kind of functions to be discharged
by the Panchayats. It does not guarantee assignment of a set of exclusive functions to the
Panchayats. Hence, the kind of role they would be expected to play in governance depends on the
regime that controls the government of a State.
The Commission recommends that Panchayats should be categorically declared to be 'institutions
of self-government' and exclusive functions be assigned to them.
Even in the States which have shown political will to decentralise, devolution has not gone
beyond entrusting to them responsibility for implementation of the schemes/projects conceived
by the State or Union government. As a result, Panchayats have not blossomed into institutions of
self-government. Instead
tn an imnlfimfintinp' arm of the State Government.994
INDIAN GOVERNMENT AND POLITICS
Article 243G alongwith the Eleventh Schedule indicates the kind of functions to be
discharged by the Panchayats. It does not guarantee assignments of a set of exclusive
functions to the Panchayats. Hence the kind of role they would be expected to play in
governance depends on the regime that controls the government of a State.
The Commission, therefore, recommends that Panchayats should be categorically
declared to be "institutions of self-government" and exclusive functions should be
assigned to them. For this purpose, article 243G should be amended to read as follows :
Substitution of article 243G : For article 243G, the following article shall be substituted,
namely : "Powers, authority and responsibility of Panchayats.
Conclusions
A Constitution is only a means to an end and not an end in itself. It has no sanctity. It
must conform to the needs and conveniences of the country and a changing times. In an
age like the present, when science and technology have made spectacular changes in the
needs of human beings, no constitution can claim rigid permanence and at the same time
be able to adapt itself to the changing conditions.
The case for an immediate need for constitutional review is unassailable. The changing
perception of our constitutional values and of our needs and aspirations, the compulsions
of the technological revolution and the changes in socio-economic thinking all over the
world and in India make it imperative. The very first objective of any proposal for
constitutional reform must be to ensure that the system provides a stable government both
at the Centre and in the States. We rate stability high in the factors required for good
government; instability leads to weakness and weak government leads to chaos.
However, it is obvious that no major change is possible in the present Parliament, with its
different arithmetic in the two Houses. Even then the NDA Government provided right to
free and compulsory education a fundamental right through 86th Constitutional
Amendment Act, 2002. Through 91st Constitutional Amendment Act, 2003 provisions
were made to penalize defector for holding any public office as a Minister or any other
remunerative political post for at least the duration of the remaining term of the existing
Legislature or until, the next fresh election. The Act also makes provisions for ceiling on
the number of Ministers in a State or the Union Government. Even a Constitutional
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